Eligibility, Referral and Commencement Guideline
Document change history
Version
2.0
Start date
Effective
date
10 08 16
12 09 16
End date
Change and location
Page 3 – clarification of rules around JSCI for
Volunteers and removal of ‘note’.
Page 4 – clarification of requirement to sign the
Privacy Notification and Consent form
Deletion of ‘Servicing Particular Stream
Participants’ section. Vulnerable Youth information
moved to page 4.
Deletion of ‘New Zealand Special Category Visa
Holders section.
Page 5 – Added Documentary Evidence section
Reformatted Eligibility table
Removal of Table 1.4 ‘Employment Regions and the
regional loading’. Moved to Table 4 Annexure B in
the Deed.
1.5
23 03 16
11 09 16
Page 7 - Updates to Structural Adjustment
Programme references and removal of Labour
Adjustment Packages references
Advice: The Department of Employment’s
correspondence and notifications to job seekers
are also provided to job seekers ‘ authorised
nominees
1.4
07 12 15
22 03 16
Change to Eligibility arrangements now granting
two categories of visa holders with work rights,
who are not on income support, access to jobactive
services as Stream A Volunteers:


Migrants on a two-year waiting period and
Visa holders with working rights, including
temporary and permanent residents
1.3
18 09 15
06 12 15
Update Remote Jobs and Community Program to
Community Development Programme
1.2
13 08 15
17 09 15
Change of term session to timeslots
1.1
01 07 15
12 08 15
Incorporation of Privacy Guideline text
1.0
01 07 15
jobactive Eligibility, Referral and Commencement Guideline
TRIM ID D16/1225528
Original version of document
Effective Date: 12 September 2016
1
Explanatory Note
All capitalised terms have the same meaning as in the jobactive Deed 2015–2020. In this document, ‘must’
means that compliance is mandatory and ‘should’ means that compliance represents best practice and that
compliance is discretionary.
Disclaimer
This Guideline is not a stand-alone document and does not contain the entirety of Employment Services
Providers’ obligations.
It must be read in conjunction with the Deed and any relevant Guidelines or reference material issued by
Department of Employment under or in connection with the Deed.
Summary
This Guideline specifies Employment Providers’ responsibilities and required actions for all Stream Participants
with respect to Stream Participant eligibility, Commencement and the payment of Administration Fees.
Policy Intent
Stream Participants are Referred, Directly Registered or transferred to an Employment Provider and are
Commenced so that they can start receiving Services in an appropriate Stream as soon as possible. Employment
Providers provide Stream Participants with appropriate Services, which take into account their individual
circumstances, to assist them to find employment and move off Income Support Payment.
Relevant Deed clause/s
The relevant clauses in the jobactive Deed 2015–2020 (the Deed) include:
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Annexure A1—Definitions
Clause 69—Compliance with laws and government policies
Clause 70—Use of interpreters
Clause 72—Employment Provider Services
Clause 73—Service Guarantees and Service Delivery Plans(s)
Clause 75—Volunteers
Clause 77—Referrals
Clause 78—Direct Registration of Stream Participants without a Referral
Clause 79—Change of Circumstances Reassessment
Clause 83—Appointments with Stream Participants
Clause 84—Contacts
Clause 85—Initial Interviews
Clause 86—Self- help Facilities
Clause 87—General requirements for a Job Plan
Clause 95—Exits
Clause 123—Administration Fees
Clause 126—Mid-term Fee Increase.
Relevant references
Reference documents relevant to this Guideline include:
 Learning Centre website
 Period of Service, Suspension and Exits Guideline
 Direct Registration Guideline
 Transfers Guideline
 Assessments Guideline – Job Seeker Classification Instrument (JSCI) and Employment Services
Assessments (ESAts) Guideline
 Mutual Obligation Requirements and Job Plan Guideline
 Managing and Monitoring Job Seeker Appointments Guideline
jobactive Eligibility, Referral and Commencement Guideline
TRIM ID D16/1225528
Effective Date: 12 September 2016
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Servicing Pre-release Prisoner Guideline
Privacy Guideline.
Process
Details
Determining Stream
Participant eligibility
Eligibility generally depends on the type of Income Support Payment the job seeker is
receiving. The Eligibility Tables identify the main categories of job seekers based on
their individual circumstances and their eligibility for Employment Provider Services.
The Department may amend the eligibility for Employment Provider Services at any
time.
The information entered in the Department’s IT Systems will determine the Stream
Participant’s eligibility.
Referring Stream
Participant to
Employment Provider
Services
Deed clause reference
 Clause 77
 Clause 83
A Stream Participant may be initially Referred to an Employment Provider by the
Department of Human Services (DHS) following:
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the application of the Job Seeker Classification Instrument (JSCI), or
an Employment Services Assessment (ESAt).
Based on the outcome of the Stream Participant’s JSCI or, where applicable, an ESAt,
the Stream Participant will be referred to Stream A, Stream B or Stream C. All
Volunteers are referred to Stream A.
Employment Providers may conduct the JSCI for Volunteers to enable them to tailor
their service to best meet each individual job seeker needs and improve employment
outcomes.
All Stream Participants will be able to choose their Employment Provider when they
first register with DHS for assistance. DHS has a list of Employment Providers in the
Stream Participant’s Employment Region. This list is supplied to Stream Participants.
Stream Participants can also access additional information through Connections for
Quality on the Australian JobSearch website, to help them choose an Employment
Provider.
Where a Stream Participant selects an Employment Provider, they will be Referred to
that Employment Provider provided that:
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the Employment Provider has sessions in their Electronic Diary available, and
the Employment Provider has not exceeded 130 per cent Business Share
tolerance (clause 77.2).
If the Stream Participant does not select an Employment Provider, they will be
randomly allocated an Employment Provider.
DHS will book an Appointment for the Stream Participant and notify them of the
Appointment details.
Creating timeslots in
Employment Provider’s
Electronic Diary
Deed clause reference
 Clause 77
 Clause 83
Conducting Initial
Interview and
Commencing Stream
To receive Referrals, Employment Providers must ensure that their Electronic Diary
has timeslots available at all times.
Employment Providers must have capacity to receive Appointments in their Electronic
Diary within the next two Business Days (clause 83.1). Refer to the Managing and
Monitoring Job Seeker Appointment Guideline.
When preparing for all Appointments, including the Initial Interview, Employment
Providers must consider whether the Stream Participant has any special requirements
(for example, when a job seeker requests or where the Provider considers it
jobactive Eligibility, Referral and Commencement Guideline
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Effective Date: 12 September 2016
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Process
Participants in
Employment Provider
Services
Deed clause reference
 Clause 69
 Clause 70
 Clause 73
 Clause 84
 Clause 85
 Clause 86
 Clause 87
Details
appropriate, Providers must use an Interpreter to ensure that the job seeker
understands their requirements). Employment Providers should also deliver services
to job seekers in a culturally sensitive way. This consideration is based on details in
the Stream Participant’s record in the Department’s IT Systems (clause 69 and 70).
The Employment Provider must conduct an Initial Interview (clause 85) for all Stream
Participants who:
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were Referred by DHS
have Directly Registered for assistance (clause 85)
transferred to the Employment Provider (clause 82).
This includes:
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developing and approving a Job Plan (see clause 87 and the Mutual Obligation
Requirements and Job Plan Guideline) and
providing and asking the Stream Participant to sign the Privacy Notification
and Consent Form and ensuring the Stream Participant is aware of the types
of personal information they may be required to provide and how this
information will be used and disclosed (see the Privacy Guideline).
Stream Participants are automatically Commenced once the Employment Provider
records attendance at the Initial Interview and the Stream Participant has an
approved Job Plan. Job seekers who are upstreamed remain commenced on a
Provider’s caseload.
Once the Stream Participant is Commenced, the Employment Provider must deliver
Employment Provider Services in accordance with the Deed, Guidelines and Service
Delivery Plan.
Following the immediate Direct Registration of a Vulnerable Youth or Vulnerable
Youth (Student) who presents in crisis, Employment Providers must immediately
provide or refer the young person to relevant crisis assistance. The support provided
will depend on the nature of the crisis but could include assistance with emergency
accommodation, counselling or other non-vocational support.
Authorised Nominees
The Department of Employment’s correspondence and notifications to job seekers
are also provided to job seekers’ authorised nominees. This includes information
about the job seeker’s Mutual Obligation Requirements, including the need to attend
appointments and agreed activities. The nominee can therefore contact the job
seeker’s provider, if and when required, to reschedule their appointment.
When the nominee rebooks appointments for the job seeker, the provider should
work with the nominee to ensure the job seeker is aware of their Mutual Obligation
Requirements and what may happen if the job seeker doesn’t comply with them. Best
practice for the provider is to record details of the conversation with the nominee in
the comments screen in Employment Services System Web (ESS Web).
Paying Administration
Fees
Deed clause reference
 Clause 123
 Clause 126
 Annexure B2
 EA Knowledgebase
Administration Fees are calculated and paid automatically by the Department’s IT
Systems (clause 123) once the Stream Participant is Commenced and at the start of
each Administration Fee Period thereafter. This system calculation includes
automatically calculating all pro-rata adjustments and 25 per cent regional loading for
administration of Services to Stream Participants in Regional Locations (Table 4
Annexure B2 of the Deed).
Employment Providers are not required to submit a claim for payment.
Administration Fee Tax Invoices will be automatically generated in the Department’s
jobactive Eligibility, Referral and Commencement Guideline
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Effective Date: 12 September 2016
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Process
article KE3103
Details
IT Systems and do not require acceptance before payment is made.
Change of Circumstances If a Stream Participant becomes eligible for a new Stream as a result of a Change of
Circumstances Reassessment (clause 79), the Employment Provider must conduct an
Reassessment
Deed clause reference
 Clause 79
 Clause 85
 Clause 87
Initial Interview for a new Stream in accordance with clause 85 of the Deed.
Note: To ensure the currency of notification and consent, best practice is for
Employment Providers to provide and ask the job seeker to sign the Privacy
Notification and Consent form every time the JSCI or a Change of Circumstances is
conducted. Job seekers are not required to sign the Privacy Notification and Consent
Form for an Initial Interview for a New Stream if they remain with the same Provider.
If a Stream Participant is referred to Disability Employment Services (DES), Transition
to Work (TtW) or the Community Development Programme (CDP), the Employment
Provider must continue to deliver Employment Provider Services until the Stream
Participant has commenced in that program. Once the Stream Participant has
commenced in the new program, they will be Exited from Employment Provider
Services.
Returning to Services
Within 13 weeks of Exit
Deed clause reference
 Clause 75
 Clause 95.3
Where a Stream Participant returns to Services within 13 weeks after the date of Exit,
the Employment Provider must resume providing Employment Provider Services to
the Stream Participant in accordance with the Deed.
After 13 weeks of Exit
When a job seeker returns to Services 13 weeks or more after their date of Exit, their
Job Seeker Classification Instrument (JSCI) will be inactive. A new JSCI will need to be
conducted in order to deliver Services to the job seeker. Refer to the Assessments
Guideline - Job Seeker Classification Instrument (JSCI) and Employment Services
Assessments (ESAts) for more information.
Documentary Evidence
Direct Registration
The Employment Provider must record the Stream Participant’s registration
information in the Department’s IT System.
Employment Providers must retain a copy of the completed and signed Employment
Provider Services—Direct Registration form. This form contains a range of personal
information used to determine a Stream Participant’s eligibility for Direct Registration.
For Stream Participants accessing Services through a Structural Adjustment Package,
the Employment Provider must retain a copy of a redundancy letter or the
employment separation certificate.
JSCI for a Change of Circumstances
When conducting a JSCI for a change of circumstances for a Stream A Participant
(excluding a Volunteer) or SPI Participant (after the initial six-month period for new
Stream Participants), the Employment Provider must keep a copy of the printed JSCI
Change of Circumstances Reassessment Summary signed and dated by the Stream
Participant.
When conducting the new JSCI for a Stream A Participant (other than a Volunteer),
the Employment Provider must retain a copy of the full printed JSCI with each page
initialled and the last page signed and dated by the Stream Participant.
jobactive Eligibility, Referral and Commencement Guideline
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Effective Date: 12 September 2016
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Process
Details
Job Plan
Where the Stream Participant has agreed to a Job Plan by signing a hard copy version,
a copy must be retained by the Employment Provider.
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Eligibility in jobactive
The sections below are not mutually exclusive and sections of this table should be considered in combination according to job seeker individual circumstances.
For example, job seekers may be in receipt of Newstart Allowance, be Mature Age (55+) and have a Partial Capacity to Work; or be in receipt of Disability Support Pension, be a Vulnerable Youth and a Parent.
Please Note: People with Partial Capacity to Work who are fully meeting their requirements through part-time paid employment or study and who do not have a requirement to remain connected to their Employment Provider may elect to
participate in Employment Provider Services.
Disability Support Pension
Parents
Newstart
Fully Eligible
Eligible as a Volunteer (Stream A for six months)
Newstart Allowance Recipient
Parenting Payment recipient with participation requirements
Principal Carer parents who are fully meeting their requirements through part-time paid
employment or study and who do not have a requirement to remain connected to their
Employment Provider but may elect to participate in Employment Provider Services.
Parenting Payment recipients without participation requirements
Parenting Payment (Partnered) or Parenting Payment (Single) with a youngest child
under six years old
Note: Fully Eligible Participants who are fully meeting their part-time Mutual Obligation Requirements or are
currently subject to a DHS-granted Exemption may voluntarily elect to participate in Employment Provider
Services. If they choose to do so, they continue to be serviced as a Fully Eligible Participant and are not
limited to six months in Stream A as a Volunteer.
Disability Support Pension recipient with compulsory requirements
Disability Support Pension recipients aged under 35 years with a work capacity of eight or more
hours per week (without a youngest child under six years) will have compulsory activity
requirements.
Disability Support Pension recipients without compulsory requirements
Australian Disability Enterprises participant
Disability Pensioner (DVA)
Disability Support Pension applicants and recipients subject to review (without compulsory
requirements) undertaking a Program of Support (not eligible for Disability Employment Services
or Community Development Programme)
Fully eligible for assistance while they undertake their Program of Support requirement provided
they remain connected or do not Exit for more than 13 weeks.
Note: Stream Participants who do not remain connected or who complete their Program of
Support may be eligible to access up to six months in Stream A as a Volunteer in the future.
Youth Allowance (other) recipient
Youth and students
Not Eligible
Vulnerable Youth and Vulnerable Youth (Student)
Young people who are not in receipt of Income Support Payments aged 15 to 21 who are not
working 15 hours or more per week, who are not in Full-time Study and who have at least one
serious Non-vocational Barrier are eligible for immediate Stream C Services as a Vulnerable
Youth. Ongoing assistance is subject to confirmation through an ESAt. If they are not eligible for
Stream C, they may be eligible as a Volunteer.
Wife Pension Disability recipient
Full-time students seeking an apprenticeship or traineeship
Youth Allowance (full-time Student) recipient
Young people who are not in receipt of Income Support Payments who are
under school-leaving age, including those under 17 years, can be
Registered only if they have permission to leave school.
ABSTUDY recipient
Full-Time students aged 15 to 21 years who present in crisis and have at least one Non-vocational
Barrier are eligible for immediate Stream C services as Vulnerable Youth (Student) if no
appropriate youth services are available in the local area. Ongoing assistance is subject to having
their eligibility for Stream C confirmed by an ESAt.
jobactive Eligibility, Referral and Commencement Guideline
TRIM ID D16/1225528
Effective Date: 12 September 2016
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Austudy recipient
Eligibility in jobactive
The sections below are not mutually exclusive and sections of this table should be considered in combination according to job seeker individual circumstances.
For example, job seekers may be in receipt of Newstart Allowance, be Mature Age (55+) and have a Partial Capacity to Work; or be in receipt of Disability Support Pension, be a Vulnerable Youth and a Parent.
Please Note: People with Partial Capacity to Work who are fully meeting their requirements through part-time paid employment or study and who do not have a requirement to remain connected to their Employment Provider may elect to
participate in Employment Provider Services.
Visa holders and migrants
Fully Eligible
Eligible as a Volunteer (Stream A for six months)
New Zealand non-protected Special Category Visa holders eligible for Newstart Allowance or
Youth Allowance
New Zealand citizens who are non-protected Special Category Visa holders may be eligible to
receive an Income Support payment for up to six months with the associated Employment
Provider Services assistance if they have lived in Australia continuously for 10 years beginning on
or after 26 February 2001. These Stream Participants are ineligible for the New Enterprise
Incentive Scheme.
Nominated Visa Holders in receipt of Special Benefit
Nominated Visa Holders in receipt of Special Benefit have Mutual Obligation Requirements and
are fully eligible for Services.
New Zealand non-protected Special Category Visa holders eligible for
Sickness Allowance
New Zealand citizens who are non-protected Special Category Visa holders
may be eligible to receive up to six months of Sickness Allowance if they
have lived in Australia continuously for 10 years beginning on or after 26
February 2001 and will be eligible for servicing as a Volunteer.
Visa holders with working rights attached, not on income support,
including temporary residents
With the exception of working holiday visas.
Structural Adjustment
Programme (SAP)
Pre-release
Prisoners
Mature Age
Special
Benefit
Migrants in a two year waiting period
Other Special Benefit recipients are fully eligible for Services however have voluntary
requirements with their employment services provider.
Mature-age (aged 55 years and over) job seekers who are meeting their Mutual Obligation
Requirements and who may elect to participate in Employment Provider Services.
Note: Fully Eligible Participants who are fully meeting their part-time Mutual Obligation
Requirements or are currently subject to a DHS-granted Exemption may voluntarily elect to
participate in Employment Provider Services. If they choose to do so, they continue to be serviced
as a Fully Eligible Participant and are not limited to six months in Stream A as a Volunteer.
Pre-release Prisoners
Prisoners must be in the final 12 months of their sentence and be approved by corrective services
case managers. They must also be:
 an adult Pre-release Prisoner (including those not in receipt of income support) that has
been referred to an Employment Provider by a state or territory correctional service
officer and Directly Registered by the Employment Provider, or
 a detainee or prisoner aged 15 to 21 who is not in full-time education or training and
who has been registered with DHS as looking for work
Structural Adjustment Programme (SAP) job seekers
Stream Participants who are identified with a SAP special client indicator
jobactive Eligibility, Referral and Commencement Guideline
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Not Eligible
Visa holders without working rights (incl.
temporary residents)
Overseas visitors on working holiday visas
Eligible for Harvest Labour Services only
Eligibility in jobactive
The sections below are not mutually exclusive and sections of this table should be considered in combination according to job seeker individual circumstances.
For example, job seekers may be in receipt of Newstart Allowance, be Mature Age (55+) and have a Partial Capacity to Work; or be in receipt of Disability Support Pension, be a Vulnerable Youth and a Parent.
Please Note: People with Partial Capacity to Work who are fully meeting their requirements through part-time paid employment or study and who do not have a requirement to remain connected to their Employment Provider may elect to
participate in Employment Provider Services.
Fully Eligible
Eligible as a Volunteer (Stream A for six months)
Other Income Support
without Participation
requirements
Not in receipt of Income
Support
Australian Government
Disaster Recovery
payment
Australian Government Disaster Recovery
Payment recipient: except if they fall into any
of the Fully Eligible or Volunteer categories
People receiving workers compensation
Workers
Compensation
jobactive Eligibility, Referral and Commencement Guideline
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Not Eligible
Job seekers in receipt of Income Support Payments without participation
requirements
Carer Payment recipient, Carer Allowance recipient, Aged Pension
recipient, Sickness Allowance recipient, Low Income Card holder,
Bereavement Allowance recipient, Widow Allowance recipient, Farm
Household Allowance recipient, Service Pensioner (DVA), Partner Service
Pensioners (DVA), War Widow(er)s Pensioner (DVA), Rehabilitation
Allowance recipient, Wife Pension Age recipient, Widows B Pensioner,
Partner Allowance recipient, Assistance for Isolated Children recipient,
Child Care Assistance recipient, Double Orphan Pension recipient, Family
Payment recipient, Mobility Allowance recipient
Job seekers not in receipt of Income Support Payments
Subject to them not being:
• full-time students
• working in paid employment for 15 hours or more per week and not
on an Income Support Payment
• overseas visitors on working holiday visas or overseas students
studying in Australia, or
• prohibited by law from working in Australia.
Effective Date: 12 September 2016
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