Determining when a client became non-compliant
When a client fails to find or complete Community Work Experience without a good and sufficient reason, MSD must determine from which point the client was non-compliant.
MSD may consider information shared by an organisation when determining if a client has a good and sufficient reason for failing to find or complete Community Work Experience, however MSD must also consider information provided by the client.
The client's benefit will be suspended or reduced from the first day of the week that MSD determines a client was non-compliant.
The start of each week is based on when the Community Work Experience was imposed. This means the week may not begin on a Monday.
For example, if a client's Community Work Experience is imposed on a Wednesday, the beginning of the week for the sanction will be Wednesday.
Client engaged initially and then stopped
A client may engage with Community Work Experience for a period of time, and then fail to meet the requirements before their Community Work Experience has ended.
In this case, MSD will consider that the client was non-compliant from first day of the week that the client stopped meeting the requirements.
Client does not make contact
When a client does not provide verification or make contact with MSD at the end of their search period or the end of their position period, they will be considered non-compliant from the first day after the respective period ended.
If a client later makes contact with MSD and has no good and sufficient reason for not meeting their requirements, non-compliance should be backdated to the beginning of the week in which they were no longer complying with the sanction.
MSD cannot determine when non-compliance occurred
When a client makes contact with MSD, MSD must use the information provided to determine when their non-compliance occurred. If the client does not provide enough information for MSD to determine this, non-compliance must be back-dated to the beginning of the search or position period, depending on which period the client was in when non-compliance occurred.
For more information see
Legislation
- Sanction for first failure: community work experience: failure without good and sufficient reason to meet requirements section 236C Social Security Act 2018
