Chapter 5. Participant Requirements

Participants are generally expected to participate in TtW Services for 25 hours per week (reduced for those with part-time Mutual Obligation Requirements). Providers must work with Participants to set an appropriate mix of Activities or Services to support full participation in TtW Services. Providers are required to ensure Participants are aware of and meet their Participation Requirements.

Participants who continue to fail to meet their requirements, as agreed in their Job Plan, may be Exited from TtW. Participants receiving an Activity Tested Income Support Payment will be Exited and Referred to Workforce Australia Services.

This Chapter outlines the different participation requirements for TtW Participants, depending on their circumstances.

Under the Social Security Law, people receiving an Activity Tested Income Support Payment, with Mutual Obligation Requirements, must participate in a range of Activities or Services that will help them into employment, unless Services Australia has granted the person a temporary Exemption from the activity test.

When setting requirements for Participants, the Provider must review the Participant’s identified Vocational and Non-vocational Barriers and negotiate and agree with the Participant the Activities or Services that will assist them to address these issues while still meeting their Mutual Obligation Requirements.

Providers must assist Participants to understand and meet their Mutual Obligation Requirements. If a Participant continues to fail to meet these requirements, the Provider must Exit and Refer the Participant to a Workforce Australia Employment Services Provider.

A Participant may choose to opt-out of TtW Services at any time. If a Participant advises their Provider that they wish to opt-out, the Provider must Exit the Participant in accordance with Period of Service, Suspensions, Transfers and Exits Chapter.

Providers must also identify if any Work Refusal Failures or Unemployment Failures occur. Where a failure has occurred, Providers must report and Exit the Participant to Workforce Australia Services (see Managing Work Refusal or Unemployment Failures for Participants with Mutual Obligation Requirements).

(Deed Reference(s): Clauses 95.1, 107, 126)

Participants with full-time Mutual Obligation Requirements are expected to participate for 25 hours per week throughout their Period of Service, excluding any temporary Suspension from employment services that may occur.

Providers must monitor Participants to ensure they meet their Mutual Obligation Requirements while in the TtW service.

(Deed Reference(s): Section B4.1)

Some Participants in TtW may have part-time Mutual Obligation Requirements. These can be due to an assessed Partial Capacity to Work, a Temporary Reduced Work Capacity or being a Principal Carer Parent. For further information, see ESAt outcomes.

Partial Capacity to Work

Providers must ensure that Activities and the level of Participation are in line with the Participant’s Partial Capacity to Work when setting requirements. Partial Capacity to Work is assessed by Services Australia and recorded in the Department’s IT Systems.

Participants will be assessed as having a Partial Capacity to Work if both their baseline work capacity and work capacity within 2 years with intervention are less than 30 hours per week. This can be because of a physical, intellectual or psychiatric impairment.

A Participant's Mutual Obligation requirement is generally based on their future assessed capacity with intervention. Participants are not required to immediately participate at the higher work capacity; however, it is intended that a Participant's capacity to participate would be built up gradually through appropriate activities and support.

A Participant with an assessed Partial Capacity to Work of 15 to 29 hours per week is considered to be fully meeting their Participation Requirements if they are undertaking 15 hours per week of paid work (including self-employment) or approved study (or a combination of the two).

Note: When a job seeker's work capacity with intervention is less than their baseline work capacity due to a deteriorating condition, their Mutual Obligation requirements are based on their baseline work capacity.

Temporary Reduced Work Capacity

A Participant may have a temporary medical condition and Services Australia may assess that they have a Temporary Reduced Work Capacity. Participants have reduced requirements for the period of their Temporary Reduced Work Capacity.

Providers must ensure that Activities and the level of participation are in line with the Participant’s Temporary Reduced Work Capacity when setting requirements for these Participants. In some cases, the ESAt will recommend a program of assistance.

Principal Carer Parent

A Participant who is also a Principal Carer Parent, as recorded in the Department’s IT Systems, has a part-time Participation Requirement of 15 hours per week. They will be fully meeting their Participation Requirements if they are undertaking 15 hours per week of paid work (including self-employment) or approved study (or a combination of the two).

Providers must consider the Participant’s family and caring responsibilities including the availability and affordability of childcare, when setting requirements and Activities for a Participant who is also a Principal Carer Parent.

Providers should take into consideration the requirements for Principal Carer Parents during school holiday periods, due to a need for alternative arrangements if childcare is not available or alternatives to face to face Appointments.

For information on requirements for Parent Pathways Participants, see Parent Pathway Participants in TtW.

A young person who has been determined to be an Early School Leaver, as defined in the Social Security Act, will be flagged in the Department's IT Systems and be subject to specific Mutual Obligation Requirements. However, Early School Leavers who Commence in TtW are not subject to these requirements as participation in TtW fully meets their Mutual Obligation Requirements.

Once an Early School Leaver has completed Year 12 (or an equivalent qualification) or turns 22 years of age, they will no longer be an Early School Leaver. They will be subject to the Mutual Obligation Requirements that apply to other Participants.

Providers should advise Participants to notify Services Australia on completion of a qualification to have it recorded and the Early School Leaver flag removed.

Participants Direct Registered by a Provider into TtW are voluntary Participants and do not have Mutual Obligation Requirements under Social Security Law.

Group Two Participants are still expected to engage for the required 25 hours a week if they choose to access the Service, unless there are factors affecting their capacity to engage (for example, they are a parent of a child under 6 years old or have mental/physical barriers). If this is the case, Providers should tailor a Group Two Participant’s Participation Requirements to reflect their capacity.

Parent Pathways Participants may choose to voluntarily participate in TtW.

Parent Pathways Providers may refer a Participant for concurrent servicing in TtW if the Participant's goal is to gain employment or the Participant wants to be with a youth cohort.

TtW Providers must consider each Parent Pathways Participant’s circumstances and ability to participate in Activities.

Note: Parent Pathways Providers are required to continue to service and support Participants when they are participating concurrently in TtW.

Providers must determine an appropriate mix of Activities or Services for all Participants. This may include:

• Employment

• Work experience, for example, Observational Work Experience Activities hosted by the Provider such as:

• meetings and group sessions

• mentoring

• self-directed Activities

• attending Education and Training Courses

• attending Activities or appointments to address non-vocational barriers.

Note: Job search can be included as an Activity if the Provider believes it will benefit the Participant.

Activities should be in accordance with the requirements set out in the Activity Management Chapter and consider the Participant’s unique circumstances such as:

• age

• education level

• Vocational and Non-vocational Barriers

• cultural factors

• caring responsibilities

• assessed work capacity

• access to transport.

Further information can also be found in the What must be included in a Job Plan section.

Participation in a full-time approved Education or training course meets a Participant’s Requirements even if the full-time course is less than 25 hours per week. Full-time is at least 75 per cent of the course-load of an approved educational course, or if determined as full-time by the Training Institution.

No further Activities or Services need to be undertaken by the Participant when they are in full-time Education or training. However, Providers are required to support and assist Participants to ensure they continue and maintain engagement in the Education or training course.

Providers are required to maintain regular contact with each Participant to monitor progress against the agreed Participation Requirements and ensure that they are participating in their agreed Activities.

Providers must keep a record of Participants’ Activities in the Department’s IT Systems in line with the requirements set out in the Activity Management Chapter.

When a Participant does not participate

Providers should refer to the Period of Service, Suspensions, Transfers, Exits Chapter for action to Suspend Participants who are unable to participate of a period of time, or Exit those who are failing to meet their Participation Requirements.

If a Parent Pathways Participant in TtW does not attend appointments and/or participate in the Activities discussed, the TtW Provider should contact the Parent Pathways Participant to discuss their continuing engagement in TtW and also discuss the best course of action with their Parent Pathways Provider.

(Deed Reference(s): Clauses 96.3, 126.1)

A Work Refusal Failure is committed when a Participant who has Mutual Obligation Requirements refuses or fails to accept an offer of suitable employment.

An Unemployment Failure is committed when a Participant who has Mutual Obligation Requirements becomes unemployed as a direct or indirect result of their voluntary act or as a result of their misconduct as an employee.

If the Provider considers that a Participant may have committed a Work Refusal Failure or Unemployment Failure, the Provider must contact the Participant as soon as possible to discuss the circumstances and determine if a failure has occurred.

If, after discussing the circumstances with the Participant, the Provider is satisfied that the Participant’s reason is due to an event or factors outside the individual’s control or the employment was unsuitable, then no further action is required.

If, after discussing the circumstances with the Participant, the Provider considers a Participant has committed a Work Refusal Failure or Unemployment Failure the Provider must inform the Participant that they will be Referred to a Workforce Australia Employment Services Provider. The Provider must document evidence that supports the assessment of a failure and provide this to the Workforce Australia Services Provider. The Provider must retain a copy of the evidence for future reference.

The Workforce Australia Employment Services Provider will report the Participant’s Work Refusal Failure or Unemployment Failure to Services Australia for further investigation. Services Australia will determine compliance action in accordance with Social Security Law.

• Documentary evidence — Providers must document any evidence that supports the assessment of a Participant’s Work Refusal Failure or Unemployment Failure. This should include:

• details of how the Provider became aware that a Work Refusal Failure or Unemployment Failure appears to have been committed

• any comments from the Employer

• any reasons given by the Participant.

(Deed Reference(s): Clause 126.1)