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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. |
| 28 days | To appeal a decision of the Social Services and Child Support Division to the General Division of the Administrative Appeals Tribunal. |
| 28 days | To appeal a decision of the General Division of the Administrative Appeals 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 Appeals Tribunal (AAT) | The Social Services and Child Support Division of the AAT has jurisdiction to hear appeals against Centrelink's decision, but only after the decision has been reviewed by an Authorised Review Officer. |
| General Division of the AAT | The General Division of the AAT has jurisdiction to deal with appeals against decisions made in the Social Services and Child Support Division. |
| 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 Appeals 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 Appeals Tribunal (AAT) | Application for review form - AAT first review of a Services Australia decision You can send your completed form by email, post or fax, or deliver it to a registry. You can also apply online or by telephone. For more information, see Centrelink review forms on the AAT website. |
| General Division of the Administrative Appeals Tribunal | Application for Second Review of Decision You can send your completed form by email, post or fax, or deliver it to a registry. You can also apply online. For a copy of the form, see AAT forms on the AAT 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. |
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Last updated: December 2023
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