Chapter 13. Activity Management

Supporting Documents for this Chapter:

• WHS Incidents and Insurance Readers Guide – Providerssign-in required (sign-in required)

• WHS Incidents and Insurance Readers Guide – Participantssign-in required (sign-in required)

• Workforce Australia Services Activities Information Sheetsign-in required (sign-in required)

• Risk Assessment Example Template (optionalsign-in required (sign-in required))

• Competent Person Register Example Template (optional)sign-in required (sign-in required)

13.1. Chapter OverviewCopy citation · §13.1

Participating in Activities helps Participants to improve their skills and motivation so they can find and keep Employment. Activities can also develop a Participant’s ability to take directions from a Supervisor, work independently, communicate effectively, and work as part of a team.

This Chapter outlines the requirements for the Provider when setting up and managing Activities, which may also apply to other activities that do not have specific requirements in the Deed. Additional information on specific Activities can be found in relevant Activity Chapters.

The Provider is strongly encouraged to innovate and deliver activities that support diverse pathways to Employment. The Provider is able to develop and deliver custom activities tailored to Participants’ needs in addition to the formal Activities detailed in these Guidelines.

Note: Participants are also able to arrange and report on some self-initiated activities and tasks.

13.2. Identifying suitable Activities for ParticipantsCopy citation · §13.2

Activities can generally be undertaken at any time where the Provider and Participant agree that the Activity will address the Participant's Vocational Barriers and/or Non-vocational Barriers, and improve their work readiness and progress towards Employment.

In identifying suitable Activities, the Provider must consider how the Activity will address the Participant’s Vocational Barriers and/or Non-vocational Barriers, improve their work readiness and help support the Participant to progress towards Employment, and is appropriate for the Participant’s individual circumstances and work capacity.

The Provider must ensure that Participants are provided with a choice of Activities, except when they are referred to an Activity for:

• their Mandatory Activity Requirement, or

• a Reconnection Requirement.

Refer to Reconnection Requirements and the Mandatory Activity Requirement for more information.

The Provider must not arrange any Activity for any Participant to participate in, or refer any Participant to any Activity, where the Activity may involve:

• the Participant undertaking any Services that the Provider is contracted to deliver under the Deed or any Head Licence, or any other contract or arrangement between the Provider and the Department or another Government department or agency;

• an illegal activity or the Participant undertaking tasks that the Participant is not permitted to do under the law (e.g. a task can only be undertaken by a licensed person and the Participant does not hold that licence)

• the Participant undertaking tasks or working for any:

  • organisation owned or controlled by the Participant; or

  • Family Member of the Participant

• the participant displacing an existing employee of the Host Organisation or undertaking work that would reduce an existing employee’s hours of work (full-time, casual, or part-time), including reducing an existing employee’s customary overtime;

• the Participant undertaking tasks associated with the sex industry or involving nudity (including retail or hospitality positions);

• the Participant undertaking tasks directly involving gambling; and/or

• in the case of any Specified Activity, the Participant undertaking tasks in the Participant’s own home.

Information on any specific eligibility criteria for Activities is contained in relevant Activity Chapters.

(Deed Reference(s): Clauses 120)

13.3. Arranging ActivitiesCopy citation · §13.3

• Work health and safety — The Provider is reminded of the importance of complying with its obligations relating to work health and safety set out in Chapter B3.2 of the Deed, and must ensure that Activities do not proceed where work health and safety issues cannot be addressed.

As early as possible and for the duration of a Participant’s Period of Registration, the Provider must arrange Activities for Participants according to their individual needs, including referral to Complementary Programs, other non-vocational interventions, Education, training and other opportunities.

• System step — For guidance on establishing and managing Activities in the Department’s IT Systems please refer to the Department's training resources.

The Provider is responsible for supporting Participants to undertake Activities that count towards their Points Target and help them to meet their Points Requirements and any other Mutual Obligation Requirements.

The Provider may refer Participants to Activities arranged by the Department or Workforce Specialists and may also arrange a broad range of other activities. Examples of other activities the Provider may consider arranging include job search clubs, parenting courses, group information sessions, résumé writing sessions and interview preparation sessions. More information on the requirements for these activities to count towards Points Based Activation System (PBAS) is available in Job Plan and Mutual Obligations Requirements Chapter.

Further information on the Provider responsibilities in relation to arranging Activities is located in the Deed and in the relevant Chapter for each Activity type.

(Deed Reference(s): Clauses 107.3, 111.1, 120)

13.4. Collaboration with other providers and community organisationsCopy citation · §13.4

The Provider should seek to develop and maintain effective relationships with Complementary Program providers and Other Service Providers in its Employment Region(s) so as to ensure the successful delivery of programs and Activities.

The Provider must also engage with other organisations and services in its Employment Region(s) to ensure delivery of a comprehensive range of activities and support for Participants that address their Vocational Barriers and Non-vocational Barriers. This includes, but is not limited to, engaging with private and community-based service providers, education and training institutions, healthcare organisations and local governments.

(Deed Reference(s): Clauses 90.1 and 120.4)

13.5. Engaging with Host OrganisationsCopy citation · §13.5

• Work health and safety — The Provider must ensure Host Organisations meet all Host Organisation eligibility and work health and safety requirements.

The Provider should seek to engage with a range of businesses, other employment services providers and community organisations to arrange Activities that prepare Participants to meet Employers’ needs.

Some Specified Activities arranged by the Provider are hosted by a Host Organisation, including:

• Observational Work Experience

• Provider Sourced Voluntary Work

• Work for the Dole

• Non-Government Programs

The term Host Organisation specifically excludes the following:

• an Employability Skills Training (EST) Provider in relation to its delivery of an EST Course

• a Career Transition Assistance (CTA) Provider in relation to its delivery of a CTA Course

• a Local Jobs Program Activity Host in relation to its delivery of a Local Jobs Program Activity

• a Launch into Work Organisation in relation to its delivery of a Launch into Work Placement

• a Workforce Australia - Workforce Specialist in relation to its delivery of a Workforce Specialist Project

• a Skills for Education and Employment (SEE) Provider in relation to its delivery of a SEE Training Course.

13.5.1. Eligible Host OrganisationsCopy citation · §13.5.1

The Provider must not arrange, or refer any Participant to, any Activity that is hosted by a Host Organisation that:

• Does not have a valid ABN

• has engaged in any illegal operations or promotes or condones any form of unlawful conduct

• has been or is associated with the sex industry

• promotes or condones gambling that the Department deems inappropriate

• promotes or condones any form of violence, self-harm or suicide

• promotes or condones any form of discrimination, including on the grounds of race, ethnic group, language, sex, religion or disability; and/or

• provides any other service or conducts themselves in a manner that is likely to bring the Participant, the Provider or the Department into disrepute.

If the Provider suspects or becomes aware that a Host Organisation has engaged in any conduct described in the list above, the Provider must:

• ensure that no Participant commences participating in, or continues to participate in, any Activity that the Host Organisation hosts;

• Notify the Department immediately and provide information as requested by the Department, and

• if requested by the Department, cease or vary the Activity

The types of organisations which can be a Host Organisation for a particular Activity type and any additional eligibility requirements are provided in the relevant Activity specific Chapter.

Eligible Host Organisations can host more than one Observational Work Experience Placement, Work for the Dole Project, Work for the Dole Placement and/or Voluntary Work Placement concurrently where they meet the requirements for each relevant Activity type.

13.5.2. Host Organisation AgreementsCopy citation · §13.5.2

The aim of Host Organisation Agreements between the Provider and a Host Organisation (and, where applicable, the Participant) is to assist all parties to understand their rights and obligations in relation to the provision of, and participation in, Activities.

The Provider must arrange the following Activities under a Host Organisation Agreement:

• Observational Work Experience

• Provider Sourced Voluntary Work

• Work for the Dole.

For the Activities listed above, the Provider must discuss with the Host Organisation, and document in the relevant Host Organisation Agreement, all the Host Organisation’s obligations, regarding the relevant Activity.

The obligations that the Provider must impose on the Host Organisation in relation to a particular Activity will depend on the type of Activity in question and the provisions of the relevant template Host Organisation Agreement issued by the Department in relation to that type of Activity. The Provider should ensure that the obligations imposed on the Host Organisation under any Host Organisation Agreement are sufficient to enable the Provider to comply with its obligations under the relevant Head Licence. The Provider retains the risk of any non-compliance with any of its Head Licence obligations, regardless of the terms of any Host Organisation Agreement. To assist the Provider to comply with its obligations under its Head Licence, the Provider must ensure that each Host Organisation Agreement includes the following (at a minimum):

• details of the proposed Activity that the Host Organisation must provide, including details of the tasks that will be undertaken by Participants while participating in the Activity;

• details of how the Host Organisation will support and accommodate varying Participants’ needs and capabilities (including work restrictions);

• details of the Supervision that the Host Organisation must provide while Participants are participating in the relevant Activity;

• details of training and induction that must be provided to Participants before they commence participation in the relevant Activity and/or before they commence undertaking particular tasks as part of their Participation in the relevant Activity (and which party will be providing the training and induction);

• where any of the Participants participating in the relevant Activity require their attendance to be recorded in the Department's IT Systems in order to meet their Mutual Obligation Requirements, details of the Host Organisation's obligations regarding the recording and reporting to the Provider of the Participant’s attendance at, and participation in, the relevant Activity; and

• details of the Host Organisation's obligations in relation to work health and safety and incident reporting.

Note: Where the Provider replaces another Workforce Australia Employment Services Provider who negotiated and executed a Host Organisation Agreement, a novation to the relevant Host Organisation Agreement, or a new Host Organisation Agreement may be required if the Specified Activity is to continue. The Department will issue Transition Advice for each occurrence where a Provider is replaced by another Provider.

• System step — Host Organisation Agreement templates for individual Activities can be found on the Provider Portal or generated via the Department’s IT Systems where relevant.

  System step — The Host Organisation Agreement must be signed by all relevant parties before the Participant commences in the Activity.

• Documentary evidence — The Provider must retain evidence (either hard copy or soft copy) of Host Organisation Agreements and any other required Documentary Evidence.

13.5.3. Misuse of programsCopy citation · §13.5.3

If the Provider suspects or becomes aware that a Host Organisation has breached a Host Organisation Agreement, the Provider must immediately Notify the Department and provide information about the relevant breach as requested by the Department.

Where the Department determines that a Host Organisation has engaged in any conduct described above in Eligible Host Organisations, the Department may give a direction to the Provider that the Provider must not arrange, and/or must not refer any Participants to, any Activities hosted by that Host Organisation. If the Department gives such a direction, the Provider must immediately comply with the direction.

13.6. Referrals and Commencement of an ActivityCopy citation · §13.6

When identifying appropriate Activities for a Participant, the Provider must ensure the Activity is suitable and safe, will assist the Participant to progress towards Employment and accounts for the Participant’s individual circumstances and capacity.

The Provider must not refer a Participant to an Activity unless the Provider has first:

• confirmed that the Participant is eligible to participate in the Activity, noting that certain Activities have particular eligibility requirements. Information on any specific eligibility criteria for a particular Activity is contained in the relevant Chapter below relating to that Activity;

• confirmed that the Activity is appropriate for the Participant, taking into account the individual needs and circumstances of the Participant, including:

  • the Participant’s education, experience, skills and age;

  • the Participant’s capacity to undertake the Activity;

  • the Participant’s strengths, as well as any barriers they have, to participating in the Activity;

  • the impact of any disability, illness, physical or mental health condition or other non-vocational issue that the Participant has, including drug and alcohol dependency, on the Participant’s ability to participate in the Activity;

  • any Risk Assessment;

  • the Participant’s preferences and employment goals, where possible; and

  • any other matters that the Provider considers relevant to the Participant's circumstances;

• explained to the Participant when to commence participating in the Activity, and the consequences of not commencing the Activity on time;

• explained to the Participant the frequency of the Contact that the Participant must have with the Provider while they are participating in the Activity; and

• advised the Participant where they can access the WHS Incidents and Insurance Readers Guide – Participants for Work Health and Safety guidance.

For Mandatory Activity referrals into Work for the Dole, the Provider must, in consultation with the Participant, update a Participant’s Job Plan with information about the selected Activity. Further information on the Job Plan can be found in the Job Plan and Mutual Obligations Requirements Chapter.

• System step — The Provider must record details of each Activity in the Department’s IT Systems, including: details of the Participants referred to or placed in the Activity; and the required hours of participation for each Participant.

13.6.1. Setting up Activities in the Department’s IT SystemsCopy citation · §13.6.1

• System step — For guidance on establishing, scheduling and managing Activities in the Department’s IT Systems please refer to the Department's training resources.

13.7. Managing participation in an ActivityCopy citation · §13.7

The Provider must support each Participant to fully engage in any Activity they choose or to which they are referred.

While the Participant is undertaking an Activity, this includes the Provider:

• complying with its work health and safety obligations. For Specified Activities this includes the Provider or Host Organisation ensuring the provision of training, equipment and clothing and the Provider checking the availability of appropriate facilities (such as toilets and access to drinking water) at the Specified Activity location

• complying with its obligations in relation to providing or ensuring adequate and appropriate Supervision so that relevant Participants are undertaking appropriate tasks and operating in a healthy and safe environment;

• meeting with or contacting the Participant to obtain feedback on their progress, and check whether the Participant has any complaints or safety concerns regarding the Activity, or any WHS incidents to report;

• ensuring that the Participant is benefiting from the Activity, enhancing their Employment prospects and is not being exploited;

• minimising disruptions where a Participant is attending an Activity (e.g. arranging Provider appointments outside Activity times where possible); and

• monitoring the Participant’s progress, attendance, behaviour and satisfaction with the Activity.

(Deed Reference(s): Clauses 79.6, 120.6, 121, 122, 123 and 124)

13.7.1. Transport to and from ActivitiesCopy citation · §13.7.1

Participants will generally be expected to source their own transport to and from an Activity. However, the Provider must arrange transportation for a Participant to and from an Activity in where:

• the Participant does not have access to a vehicle or does not have a driver’s licence, and alternative transport options such as public transport are not available;

• the Activity is at an isolated location;

• access to the Activity is along an unsealed road or track; or

• the Activity has a residential or overnight accommodation component.

If Providers are transporting Participants to or from an Activity, this must be included in the Risk Assessment of the Activity.

13.7.2. Recording and Monitoring Attendance at ActivitiesCopy citation · §13.7.2

Information regarding attendance recording and monitoring requirements is available in the Job Plan and Mutual Obligations Requirements Chapter. Some individual Activities have specific requirements regarding attendance. Please refer to individual Activity Chapters for more information where relevant.

13.7.3. Assistance with Activity CostsCopy citation · §13.7.3

Providers may be able to seek reimbursement for some eligible Activity costs through the Employment Fund. Work for the Dole Payments are also available for Work for the Dole Activities and are designed to offset the running costs of a Work for the Dole Activity for the Provider and the Host Organisation. Refer to the Employment Fund Chapter for more information.

13.8. Completion of ActivitiesCopy citation · §13.8

• System step — The Provider must record a range of details when a Participant completes an Activity in the Department’s IT Systems.

At the completion of a Participant’s participation in an Activity, the Provider must record the following information in the Department’s IT Systems:

• the reason the Participant ceased participating in the Activity (completion exit reason);

• the last date on which the Participant participated in the Activity (end date); and

• the number of hours the Participant participated in the Activity, where relevant.

The above process is not required where a Participant on the Provider’s Caseload completes an CTA or EST Activity. Refer to the Employability Skills Training or Career Transition Assistance Chapters for further information on the role of the Provider.

13.9. Managing work health and safety for ActivitiesCopy citation · §13.9

The Provider must at all times ensure that the Services are carried out in a safe manner, including ensuring that all Participants are in a safe environment when participating in Activities (including Specified Activities and any other activities that the Provider has arranged or referred a Participant to). In addition, the Provider must:

• in carrying out its obligations under the Deed and any Head Licence; and

• ensure that its Personnel, Subcontractors, Third Party IT Vendors and agents, in carrying out activities related to the Deed and any Head Licence, comply with all relevant laws and requirements of any Commonwealth, state, territory or local authority, including the WHS Laws.

The Provider is required to ensure that each Participant is aware of the process to lodge a complaint or voice safety concerns about an Activity. Where the Provider becomes aware of safety concerns, including those raised by a Participant, that cannot be addressed, the Provider must ensure that the Participant immediately ceases participation in the Activity.

(Deed Reference(s): Clauses 79.6, 120.6 and 120.10)

13.9.1. Ensuring Work Health and Safety measures are in placeCopy citation · §13.9.1

Before arranging, or referring any Participant to an Activity, the Provider must confirm:

• that the Activity is not prohibited under relevant state and territory laws;

• its delivery is permitted under the Deed and any Head Licence, and any Guidelines;

• the Host Organisation, where relevant, is complying with all work health and safety requirements in the relevant state and territory; and

• its delivery is in line with any advice provided by local authorities.

Example: Host Organisations must have COVID-Safe plans (or similar) in place in accordance with the requirements specified by the relevant state or territory.

The Provider must take all reasonable steps to minimise the likelihood of injury to Participants and any other people at any location at which an Activity is being conducted.

Depending on the Activity, support may be available to assist Participants with costs related to engaging in an approved Activity through the Employment Fund, such as personal protective equipment. Refer to the Employment Fund Chapter for further information.

The Provider must consult, coordinate and cooperate as appropriate with relevant parties including but not limited to the Department, Host Organisations, Launch into Work Organisations and LJP Activity Hosts to ensure that any work health and safety issues in relation to an Activity are appropriately managed.

(Deed Reference(s)(s): Clause 79.6)

13.9.2. Managing work health and safety on Specified ActivitiesCopy citation · §13.9.2

The Provider must, in accordance with the Deed, any Head Licence and these Guidelines, meet their obligations to ensure work health and safety measures are in place for Specified Activities.

Specified Activities are:

• Launch into Work Placements

• Local Jobs Program Activity if advised by the Department that the Local Jobs Program Activity is a Specified Activity

• Observational Work Experience Placements

• Non-Government Programs

• Provider Sourced Voluntary Work

• Work for the Dole Placements

• Work for the Dole Projects.

The Provider must ensure that there is a safe system of work in place for each Specified Activity, both prior to the commencement of and throughout the Specified Activity, including, where a Host Organisation is engaged by the Provider, that the relevant Host Organisation is complying with all work health and safety requirements in the jurisdiction in which the Specified Activity occurs.

The Provider must take all reasonable steps to minimise the likelihood of injury to Participants and any other people at any location at which a Specified Activity is being conducted.

(Deed Reference(s): Clause 121.1)

13.9.3. Conducting Risk Assessments for Specified ActivitiesCopy citation · §13.9.3

The Provider must meet their Deed, Head Licence and Guideline obligations with regards to Risk Assessments for Specified Activities. This includes Specified Activities where the Provider is the Host Organisation.

• Work health and safety — The Provider must ensure that Activity Risk Assessments and Participant Risk Assessments are undertaken by Competent Persons, updated as necessary and meet relevant laws and departmental policies and procedures on work health and safety. If the Provider does not itself have a Competent Person, it must engage a Competent Person for this purpose.

There are 2 types of Risk Assessment that must be conducted in relation to a Specified Activity:

• Activity Risk Assessment - a risk assessment in relation to a potential or actual Specified Activity, which is undertaken and/or updated in accordance with any Guidelines (including these Guidelines).

• Participant Risk Assessment - a risk assessment in relation to each Participant's involvement in a Specified Activity, which is undertaken and/or updated in accordance with any Guidelines (including these Guidelines).

Note: Where the term Risk Assessment is used, it refers to the Activity Risk Assessment and a Participant Risk Assessment. The Competent Person arranged by the Provider to undertake the Risk Assessments may document an Activity Risk Assessment and a Participant Risk Assessment in a single document, so long as all requirements specified in these Guidelines in relation to the documentation of both Risk Assessments are met.

The purpose of the Risk Assessment process is to:

• determine whether an Activity is suitable to proceed, before the Provider refers any Participants to the Activity;

• identify potential risks associated with the tasks that will be undertaken by Participants while they are participating in the Activity; and

• identify if the Activity is suitable for the relevant Participant(s) who is referred to the Activity, including identifying any risks that may arise from a Participant’s personal circumstances.

The Provider must ensure a Competent Person conducts and documents the Risk Assessment before a Specified Activity commences.

Activity Risk Assessment

The Provider must, in accordance with any Guidelines (including these Guidelines) undertake an Activity Risk Assessment of:

• subject to the following paragraph, every Specified Activity it has arranged; and

• any Launch into Work Project Activity where the Provider intends to place a Participant on their Caseload into the Activity

before the start of the Specified Activity.

The Provider must confirm that an Activity Risk Assessment has been undertaken for any Specified Activity conducted by any:

• Local Jobs Program Activity Host;

• Workforce Australia - Workforce Specialist;

• EST Provider;

• CTA Provider;

• Work for the Dole Host Organisation (where the Provider is not the Arranging Provider),

in which a Participant on the Provider’s Caseload has been placed.

Participant Risk Assessment

Subject to the exception noted below, the Provider must, in accordance with any Guidelines (including these Guidelines), undertake a Participant Risk Assessment for each Participant, with regard to their potential participation in any Specified Activity, before their commencement in the Specified Activity.

The Provider is not required to undertake a Participant Risk Assessment for any Participant in relation to their participation in a Specified Activity arranged by a Workforce Specialist. The Provider must confirm that a Participant Risk Assessment has been undertaken for any Specified Activity arranged by a Workforce Specialist in which a Participant on the Provider’s Caseload has been placed.

Risk Assessment considerations

The Provider must ensure that each Risk Assessment undertaken or arranged by the Provider takes into account:

• the role of the Host Organisation, or Local Jobs Program Activity Host, or Launch into Work Organisation;

• relevant Participant(s); and

• the relevant working environment,

with regard to the following factors:

• the nature and location of the tasks to be undertaken by a Participant, such as whether the Specified Activity is:

  • in a non-public area (e.g. a private residence worksite with a tradesperson)

  • with a sole trader (e.g. a butcher or hairdresser who operates from a small shop or private residence)

  • working alone with another person

  • with alternative hours of work (for example, early starts, night work)

  • working in a labour hire environment in one or more different workplaces

• the Participant’s personal circumstances (that is, working capabilities, any health or other personal issues and level of experience)

• the level of Supervision required

• the nature, cause and likelihood of any risk(s)

• the consequences of an incident

• effective controls, including training and Personal Protective Equipment.

Example: The Provider would need to consider the risks of placing a Participant with medical needs in an Activity in an isolated location to ensure this is a suitable placement for the Participant.

Reviewing, maintaining and updating Risk Assessments

The Provider must review risks regularly and take appropriate action on those risks where required.

As part of its obligation to ensure that there is a safe system of work in place for each Specified Activity, the Provider must determine, and ensure there are implemented, appropriate actions to mitigate the identified risks after conducting or updating any Risk Assessment.

Where the Provider becomes aware (including based on an Activity Risk Assessment) that it cannot ensure that there is a safe system of work in place at a Specified Activity, the Provider must:

• if the Provider was intending to arrange the Specified Activity, not arrange the Specified Activity;

• not refer any Participants to the Specified Activity; and

• if the Provider has already referred any Participant to the Specified Activity, immediately ensure that the Participant ceases participation in the Specified Activity.

Where the Provider becomes aware (including based on a Participant Risk Assessment) that it cannot ensure that there is a safe system of work in place for any Participant participating in any Specified Activity, the Provider must:

• not refer the Participant to the Specified Activity; or

• if the Provider has already referred the Participant to the Specified Activity, immediately ensure that the Participant ceases participation in the Specified Activity.

  The Department may, at any time and at its absolute discretion, give a direction to the Provider in relation to an Activity, proposed Activity or type of Activity, including a direction that an Activity must be ceased or varied.

(Deed Reference(s): Clauses 120.5 and 121.1)

Example Risk Assessment Templates and checklists are available on the Provider Portalsign-in required (sign-in required).

Please note, the Provider must also refer to specific Activity Chapters in this Handbook for any further details or requirements regarding Risk Assessments that may be in addition to the requirements outlined in this Chapter.

• Documentary evidence — The Provider has the discretion to determine how they document their Risk Assessments. A verbal Risk Assessment does not meet the Department’s requirements.

• Documentary evidence — The Provider must retain Records of each Risk Assessment and any action taken in accordance with each Risk Assessment. The Provider must provide these Records to the Department if requested.

• Documentary evidence — The Provider must create and maintain a Record identifying any Competent Person(s) that it engages to conduct any Risk Assessment. Providers must maintain a structured register of Competent Person(s) engaged.

This record must contain:

• the full name of the Competent Person,

• a description of the qualification, training or experience (and its relevance, if this is not clear from the qualification, training title, or experience) held by the Competent Person, including:

  • the qualification they hold, including course ID (if formal qualification undertaken),

  • internal or informal training name, and/ or

  • the number of years of relevant experience

• date of qualification/training completion (if applicable)

• refresher due date (if relevant)

• the employment region/s the under which the Competent Person can undertake Risk Assessments, or

• the Licence number under which the Competent Person is able to undertake Risk Assessments.

Providers must provide a Record of this format to the Department upon request. A Competent Person(s) Register Templatesign-in required (sign-in required) is available on the Provider Portal, however, use of this template is not mandatory. If the template is not used, Providers must use their own structured register which includes at a minimum all the same headings as in the template.

(Deed Reference(s): Clause 122)

13.10. Supervision requirementsCopy citation · §13.10

The Provider must, in accordance with the Deed, their Head Licence and these Guidelines, meet their obligations with regard to Supervision for Activities the Provider arranges for Participants. ‘Supervision’ means the action or process of directly monitoring and managing Participants participating in Activities.

Note: Supervisors may be engaged/employed by the Provider or a Subcontractor to supervise Activities (including Specified Activities or any other activities arranged by the Provider), or may be engaged/employed by Host Organisations to supervise Activities that they provide. Launch into Work Organisations, Local Jobs Program Activity Hosts, Workforce Australia - Workforce Specialists, CTA Providers and EST Providers are responsible for organising Supervision in relation to Activities they provide and for conducting relevant checks on their Personnel and Supervisors prior to their involvement.

• Work health and safety — The Provider must ensure that it or, where relevant, each Host Organisation, provides adequate and appropriate Supervision so that the relevant Participants are undertaking appropriate tasks and operating in a healthy and safe environment.

The Provider must ensure that there is Continuous Supervision provided over the entire duration of any Activity where it involves:

• people who are elderly, disabled or otherwise vulnerable, or

• Children (excluding other Participants).

The Provider must also ensure that the Continuous Supervision is provided over the entire duration of any Activity where the Provider otherwise considers that Supervision should be continuous having regard to the nature of the tasks to be undertaken, the potential Participants in the Activity and any risks identified in the relevant Risk Assessment.

The Provider must ensure that all Supervisors and relevant Personnel have had checks as specified in the Checks and Reasonable Care clauses of the Deed and the Background Checks section, and Supervisors have met any additional statutory requirements before being given responsibility for the Supervision of Participants.

The Provider must ensure that each Supervisor, whether engaged by the Provider, a Subcontractor or a Host Organisation, is aware of the requirement to notify the Provider of:

• the non-attendance at all relevant Activities; and

• any other non-compliance in connection with the Activities,

of a Participant as soon as practicable.

With the exception of Work for the Dole, the Employment Fund may be used to pay for Supervisor costs, if the costs are associated with the actual supervision of Participants on the Activity and not for any other tasks or services already paid for under the Deed. Refer to the Employment Fund Chapter for further information on what can be claimed through the Employment Fund and the Documentary Evidence requirements.

13.10.1. Supervision requirements for Specified ActivitiesCopy citation · §13.10.1

In addition to the above, for the Specified Activities detailed in clause 124.3 of the Deed, as well as Non-Government Programs, arranged by the Provider, the Provider must ensure that all Supervisors and relevant Personnel of the Provider, any Host Organisation or any Subcontractor who has direct involvement (including where they have close contact with Participants) in the Activity:

• is a fit and proper person to be involved in the relevant Activity;

• has a high level of skill/knowledge, training and/or experience in:

• each part of the Activity they are involved in; and

• working with, training and supervising individuals in such activities; and

• has relevant work health and safety training.

(Deed Reference(s): Clauses 80, 124)

13.10.2. Background checksCopy citation · §13.10.2

Providers must, in accordance with the Deed, their Head Licence and these Guidelines, and their local jurisdictional requirements, establish whether the nature of an Activity requires Participants and/or Supervisors and/or relevant Personnel to have checks, and arrange those checks if required to do so.

For the purpose of these Guidelines, ‘checks’ refers to criminal records/police checks, Working with Children checks and/or Working with Vulnerable People checks.

Activities arranged by the Provider that require checks include those where:

• legislation requires checks to be conducted

• the Activity is subject to industry standards or legal requirements that mean Participants cannot have been convicted of particular crimes

• the Participant and/or Supervisor will have regular or unsupervised contact with Children, the elderly or other classes of vulnerable people

• the Activity is otherwise specified by the Department as requiring checks.

Unless notified otherwise by the Department, the Provider must arrange and pay for any checks to be completed before arranging for, or allowing the Participant to participate in any Activity.

The obligation set out in clause 80.1 of the Deed does not apply to Activities delivered by Workforce Australia - Workforce Specialists, CTA Providers and EST Providers, SEE Provider, Launch into Work Organisations (except where the Launch into Work Organisation asks the Provider for assistance in arranging and paying for employer-required checks) and Local Jobs Program Activity Hosts.

Where the Provider has an obligation to undertake a check, the Providers must contact the relevant organisation/s in their state or territory to arrange for the check to be completed. Checks must be arranged in line with the relevant state and territory rules and regulations.

Checks may take some time to complete. Where required, Providers should identify interim or alternative Activities for Participants awaiting the outcomes of the checks.

Where checks show that Participants or Supervisors must not participate in particular Activities, they are no longer eligible and are excluded from participation in or Supervision in that particular Activity. Alternative Activities should be suggested to the Participant. Please note, exclusion from a particular Activity - such as a specific Work for the Dole activity - may not necessarily mean the Participant is unsuitable for all other Work for the Dole activities.

The results of checks contain Personal Information. The Provider must comply with its Deed obligations in relation to such Personal Information, including obligations relating to the use and disclosure of the Personal Information. Additional information regarding disclosure of information and privacy considerations can be found in Part A Guidelines: Privacy Chaptersign-in required (sign-in required).

If an Activity is repeated or a Participant is to engage in another Activity in the future, Providers must ensure the checks conducted are still valid. Further checks must be conducted where required or where an initial check is no longer valid.

Providers may be able to seek Reimbursement through the Employment Fund for costs associated with Participant checks for Activities.

(Deed Reference(s): Clauses 80 and 124)

13.11. Managing Activity-related IncidentsCopy citation · §13.11

The Provider must Notify the Department as soon as possible of any incident involving an Activity where a Participant is in attendance (including travel to, from or during an activity), including:

• any Critical WHS Incidents (including in relation to a Participant or member of the public), which must be reported within one hour

A 'Critical WHS Incident' has the same definition as a Notifiable Incident under the WHS Act and means an incident that results in the death of a person, a serious injury or illness of a person, or a dangerous incident.

A dangerous incident is an incident that exposes a person to a serious risk to health or safety due to an immediate or imminent exposure to electric shock, spillage/leakage of a substance, uncontrolled implosion, explosion or fire.

Examples of Critical WHS Incidents include:

• injuries requiring immediate treatment as an in-patient in a hospital,

• a serious head or eye injury,

• a serious burn,

• spinal injury, or

• amputation of any part of the body.

Please refer to the relevant clauses in the WHS Act*.*

• any Non-critical WHS Incidents, which must be reported on the same day

A 'Non-critical WHS Incident' is any incident that relates to a work, health and safety issue or near miss, but is not a Critical WHS Incident. Non-Critical WHS Incidents include incidents such as those involving:

• non-serious injury requiring first aid and/or assistance from a medical practitioner,

• minor property damage, or near misses that could have resulted in serious or non-serious injury, and

• any other WHS incidents that are non-Critical that may impact upon a Participant or the Department or bring the Provider or the Services into disrepute.

(Deed Reference(s): Clause 123.1)

• Work health and safety — The Provider is required to Notify the Department of all Activity-related accidents or near misses that happen to Participants or other people in accordance with these Guidelines. Refer to the WHS Incidents and Insurance Readers Guide - Providerssign-in required (sign-in required) available on the Incidents and Insurance page on the Provider Portal).

When an incident occurs:

• appropriate medical attention, including contacting emergency services depending on the nature of the incident, should immediately be provided by the Supervisor

• the Supervisor must try and protect any other Participants and other people at the Activity from unnecessary trauma, where possible

• the relevant WHS Regulator must be notified of the incident if it results in the death or serious injury, in accordance with laws of the relevant state or territory

• the relevant WHS Regulator must be notified of any dangerous incident that exposes someone to a serious risk, even if no one is injured, in accordance with laws of the relevant state or territory

• any directions by a WHS Regulator must be followed

• a WHS Employment Assistance Program Incident Reportsign-in required (sign-in required) available on the Incidents and Insurance page (on the Provider Portal), must be completed by the Host Organisation when the incident involves a Participant’s accident, injury, death or near miss

• the Provider must complete a Public and Products Liability Incident Reportsign-in required (sign-in required), available on the Incidents and Insurance page (under 'Provider Operations' tab of the Provider Portal), when a third party alleges a Participant has been negligent and caused accident, injury or death, or property damage. The Public and Products Liability Claim Formsign-in required (sign-in required) must be completed by the Provider when a third party is making an insurance claim as a result of a reported incident.

Following submission of any incident reports, the Provider will receive confirmation of successful submission and a copy of the information will be sent to the relevant areas of the Department.

An incident may result in the Department issuing safety recommendations to the Provider and/or Host Organisation (or Local Jobs Program Activity Host) to ensure the risk of the same incident being repeated is reduced or eliminated, if possible. The Provider has an obligation to comply with the Department’s directions relating to any Activity (see Deed clause 120.5).

It is imperative that Participants have access to reporting mechanisms in the event they wish to report an incident, lodge a complaint or provide positive/constructive feedback confidentially. The Provider must ensure that there is an internal, impartial and easily accessible complaints mechanism that can be used by Participants regardless of the nature of the complaint.

(Deed Reference(s): Clauses 38.1, 79.6, 79.7 and 123.1)

• System step — The Provider is required to submit the WHS Incident Report form on the Department’s IT Systems on the same day as the Provider becomes aware of any incident referred to in this section. In the event the WHS Incident form is unavailable, the Provider must complete and submit the WHS Employment Assistance Program Incident Report form.

13.11.1. Work health and safety incidentsCopy citation · §13.11.1

Where an incident includes any accident, injury or death occurring during the Activity, or direct travel to or from an Activity, including in relation to a Participant or a member of the public, the Provider must also, as soon as possible, and on the same day, give full details of the accident, injury or death to the Department in the form specified in these Guidelines.

• System step — Detailed information on notifying the Department with regard to WHS Incidents is included in the WHS Incidents and Insurance Readers Guide - Providerssign-in required (sign-in required) on the Incidents and Insurance page under the 'Provider Operations' tab of the Provider Portal.

(Deed Reference(s): Clause 123.2)

The Provider must notify the Department of Critical WHS Incidents within one hour via telephone and followed by formal written notification to the Provider Lead that give full details of the accident, injury or death to the Department.

The Department must be notified of Non-critical WHS Incidents by the Provider as soon as possible and on the same day by completing the WHS Incident Report Form.

• System step — The Provider is required to submit the WHS Incident Report form on the Department’s IT Systems on the same day as the Provider becomes aware of any incident referred to in this section. In the event the WHS Incident form is unavailable in the Department’s IT Systems, (the Provider must complete and submit the WHS Employment Assistance Program Incident Report form. The relevant forms to support Supervisors and Host Organisations to submit a WHS Incident Form are available on the Incidents and Insurance page on the Provider Portalsign-in required (sign-in required).

• Documentary evidence — The Provider must maintain records of WHS incidents.

Other Incidents

Any other incidents that are non-serious that may impact upon a Participant or the Department or bring the Provider or the Services into disrepute must be reported to the Department within 24 hours. A WHS incident may also be considered a challenging behaviour incident. In these cases, the Provider may need to submit a WHS incident form and also Job Seeker Incident Report in accordance with Deed requirements.

The Provider must report any instances of misconduct or threatening behaviour via the ‘Job Seeker Incident Report’. See Part A Guidelines: Servicing Participants with Challenging Behaviours Chaptersign-in required (sign-in required).

All Incidents – both Personal Accident and Public and Products Liability

Providers must Notify the Department of any incident that may result in a liability claim (irrespective of whether a claim is being made at the time).

The Provider must also comply with any instructions issued by the Department or the Department’s insurance broker. Detailed information in relation to the process for reporting incidents that may result in liability is available in the WHS Incidents and Insurance Readers Guide - Providerssign-in required (sign-in required).

The Department's personal accident liability insurance provides coverage when a Participant is injured while participating in an approved Activity, including direct travel to, from or during such Activities.

The Department's public and products liability insurance provides coverage results when a third party alleges a Participant has been negligent and caused an accident, injury or death, or property damage, while participating in an Activity.

The Provider must, when requested by the Department’s insurance broker, provide full details to the insurance broker of any incident that may or does result in a liability claim. The insurer is responsible for determining liability. The Providers must not admit fault or accept responsibility for any alleged negligence that may or does result in a third party claim.

• System step — Forms for the Provider to complete to Notify the Department of any personal accident or public and products liability incidents are available on the Incidents and Insurance page on the Provider Portalsign-in required (sign-in required).

• System step — The Provider must maintain a copy of all incident notifications and records for supporting evidence in any insurance claims.

13.11.2. Insurance coverage for ParticipantsCopy citation · §13.11.2

The Provider must, in accordance with the Deed, comply with any instructions issued by the Department or the Department’s insurance broker, and these Guidelines, in relation to insurance purchased by the Department for Participants involved in Activities.

The Department purchases the following insurance policies to cover Activities:

• Personal Accident insurance - covers the Participant in respect of personal injury or death that occurs while undertaking Activities, including direct travel to, from or during such Activities

• Public and Products Liability insurance for Participants - covers the legal liability of the Participant arising out of their negligence that causes personal injury to a third party, or damage to a third party’s property, while participating in approved activities

• Public and Products Liability insurance for Work for the Dole Activities - covers the legal liability of Host Organisations who are receiving assistance from Participants undertaking Community Support Projects which would otherwise be denied under the Host Organisation’s own insurance policies.

Further information on the insurance purchased by the Department to cover Participants undertaking Activities is in the WHS Incidents and Insurance Readers Guide – Providerssign-in required (sign-in required), with copies of the insurance policies also on the Incidents and Insurance page of the Provider Portalsign-in required (sign-in required).

Information for Participants about insurance is included in the WHS Incidents and Insurance Readers Guide – Participantssign-in required (sign-in required) which is available on the Provider Portal for Providers to give to the Participants and is published on the Department’s website under ‘Insurance arrangements for Employment Services activities’.

The Provider should note the Department’s policies have standard exclusions. The Department’s purchased insurance policies:

• do not cover illness or sickness contracted by a Participant during an Activity, including COVID-19

• do not cover any Activities that would have been prohibited under these Guidelines

• may have time limits that apply for claims

• do not cover any other exclusions listed within the terms and conditions of each insurance policy.

If alternative insurance is in place, Providers can still deliver Activities where tasks are excluded under the Department’s policies.

In addition, the Provider are contractually obligated to maintain various insurances as outlined in the Deed and understand the coverage available to them under their own insurance policies as outlined in the Deed.

Providers are also required to confirm that the Host Organisation has appropriate insurance coverage, and where coverage is insufficient the Provider can decide to purchase or fund additional insurance for the Activity.

(Deed Reference(s): Clauses 52, 122.5(f) and 123.3)

Sourcing additional insurance coverage

The Provider must purchase additional insurance to ensure adequate coverage of the Participant. For Activities other than Work for the Dole, Employment Fund may be used to purchase additional insurance. Please refer to the Employment Fund Chapter.

• Documentary evidence — The Provider must keep a full copy of any insurance policies relied upon by the Provider to be complaint with the requirements for additional insurance.

As an alternative to purchasing insurance, the Provider may consider modifying the tasks in the proposed Activity so that no part of the Activity would be excluded under the Department’s insurance coverage.

(Deed Reference(s): Clause 52.13)