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This topic covers
- mutual obligations for jobseekers
- reducing or adjusting mutual obligations
- appealing a suspension or cancellation on the grounds of not meeting mutual obligations.
| Time limit | Action |
|---|---|
| Two days | A job seeker who has not met a mutual obligation must re-engage with Workforce Australia within two days in order to avoid having their payment suspended. |
| Four days | A job seeker who has not met a mutual obligation and has not met a ‘reconnection’ requirement four weeks after being notified, could have their payment cancelled, and would need to re-apply. |
| 13 weeks | To appeal to an Authorised Review Officer, from when your payment was cancelled, in order to get full arrears to the date it was cancelled. |
| 13 weeks | To apply for a review at the Administrative Review Tribunal after receiving the Authorised Review Officer or Subject Matter Expert's decision. |
| 28 days | To appeal a decision of the Administrative Review Tribunal to the Federal Court of Australia. |
| Organisation | Responsibilities |
|---|---|
| Workforce Australia | Employment service delivered by the Department of Employment and Workplace Relations. |
| Services Australia (formerly Centrelink)Â Â | Makes the original decision as to whether to grant or reject a claim. |
| Authorised Review Officer (ARO) | Appeals from Centrelink are made to an Authorised Review Officer. |
| Administrative Review Tribunal (ART) | The Administrative Review Tribunal has jurisdiction to review a Centrelink decision, but only after the decision has been reviewed by an Authorised Review Officer or Subject Matter Expert. |
| Guidance and Appeals Panel of the Administrative Review Tribunal | The Guidance and Appeals Panel of the Administrative Review Tribunal has jurisdiction to decide on cases where a Tribunal decision has been made and may contain a mistake affecting the outcome of the original review. |
| Authority | Covers |
|---|---|
| Social Security (Administration) Act 1999 – Division 3AA | Compliance with Participation Payment Obligations. |
| Social Security (Administration) (Non-Compliance) Determination 2018 (No.1)Â | Sets out timeframes and circumstances under which a person will be considered to not be complying with their mutual obligations. |
| Common term | Definition |
|---|---|
| Demerit points | If you miss an obligation, Centrelink may impose ‘demerits’ on you, and request a Capability Interview. |
| Mutual obligation activities | Tasks or agreed activities directed at helping a person find a job and that must be undertaken to get certain income support payments. Mutual obligations are set out in the person’s Job Plan, which the person agrees to with their provider or has accepted via their MyGov account. |
| Penalty zone | If you miss an obligation and incur demerit points, Centrelink may impose a penalty on your payment such as loss of payment or a cancellation that require re-applying. |
| Points target | Workforce Australia imposes a points target system on jobseekers. Each month a job seeker will need to earn a set number of points to meet their mutual obligations. A points reporting period lasts for one month. The maximum points target each month is 100 points. Points are earnt each month by doing tasks and activities such as:
|
| Targeted Compliance Framework | The Workforce Australia compliance system that tracks your engagement in mutual obligation activities. |
| Workforce Australia | The employment service delivered by the Department of Employment and Workplace Relations. |
| Organisation | Fee |
|---|---|
| Authorised Review Officer appeal | No fee. |
| Administrative Review Tribunal | No fee. |
| Federal Court of Australia | See Court fees payable on the Federal Court of Australia website. You can apply for an exemption from paying court fees. For more information, see Exemption From Paying Court Fees on the Federal Court of Australia website. |
| Organisation | Form |
|---|---|
| Authorised Review Officer | You don't need to complete a form to appeal to the Authorised Review Officer. You can contact Services Australia or visit your local Service Centre and tell them you want to appeal a decision to an Authorised Review Officer. Employment Services line: 132 850 Multi-lingual: 131 202 |
| Administrative Review Tribunal (ART) | You can apply online using the ART Online Services, by calling the ART on 1800 228 333, emailing the ART at reviews@art.gov.au, by sending a letter or visiting a Tribunal office. For more information, see Centrelink payments on the ART website. Â |
| Guidance and Appeals Panel of the Administrative Review Tribunal | You can apply online using the Guidance and Appeals Panel referral application on the ART website. You can also download and complete the Request for GAP Referral Form on the Forms page of the ART website. For more information, see Guidance and Appeals Panel on the ART website. |
| Federal Court of Australia | To appeal to the Federal Court of Australia, you need to file a Form 75 - Notice of appeal from a tribunal. For a copy of the form, see Forms under the Federal Court Rules 2011 on the Federal Court of Australia website. You can apply for an exemption from paying court fees by filing an Application for exemption from paying court fees - general or Application for exemption from paying court fees - financial hardship. See: |
| Type | Costs |
|---|---|
| Court costs | If you appeal to the Federal Court of Australia and are unsuccessful, a costs order may be made against you. |
More services
Workforce Australia
Visit the Workforce Australia website to learn more about mutual obligations.
Our resources
Last updated: October 2024
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