The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.11.12.10 Exemption from RapidConnect provisions

Exemption

In certain circumstances it is not appropriate for JSP/YA (other) claimants to be referred immediately to their employment services provider.

People who are exempt from RapidConnect are not required to attend an interview with their employment services provider before their allowance is payable, however they may still be required to be connected to an employment services provider. A job seeker may be exempt from RapidConnect where:

  • They are not in a position to return immediately to the workforce because they are
    • pregnant women within 3 months of their expected date of confinement
    • identified, after the application of the JSCI, as requiring referral for more appropriate services, for example, for an ESAt.
  • They have an exemption from mutual obligation requirements (3.11.5).
  • Another program, service or activity is more suitable and they are aged under 22 and potentially eligible for a referral to one of the following programs
    • the Skills for Education and Employment (SEE) program
    • Adult Migrant English Program (AMEP), or
    • they have applied for recognition of their overseas qualifications to an Overseas Qualification Unit or Australia Education International - NOOSR (AEI-NOOSR) and are awaiting a decision.
  • They have a current and valid ESAt/JCA that recommends DES.
    Note: If these job seekers have been identified for a referral to a program and are RapidConnect exempt, and they subsequently decide not to accept the referral or there is no program available, they must be connected to the relevant employment services provider within 48 hours of their participation interview.
  • They are YA job seekers who indicate it is unreasonable for them to live at home.
  • Access to, or the requirement to participate in an appointment is not possible for the following reasons
    • job seekers who live in a regional area where an appointment is not available or transport would not allow attendance (where required) within 14 calendar days, particularly in remote Indigenous communities. This includes if travel time by a person's usual mode of transport is excessive (over 90 minutes each way, or 60 minutes for principal carer parents or those with a partial capacity to work).
    • new registrants where there are no employment services provider appointments within 14 calendar days
    • re-registrants where the employment services provider is already linked to the job seeker and has no appointments available within 14 calendar days
    • job seekers who have an allowable break in registration for employment services purposes
    • job seekers who have attended a RapidConnect appointment within the last 14 calendar days
    • job seekers serving waiting periods, other than the OWP, or
    • job seekers who require an interpreter, but the interpreter could not be arranged within 14 calendar days.
      Note: These job seekers will still have the next available employment services provider initial appointment booked.
  • The person is fully meeting their mutual obligation requirements through paid work, volunteer work, or study (3.11.6).
  • The person is transferring from one payment to another and are already subject to compulsory mutual obligation requirements, or are transferring from a student payment within 4 weeks of their student end date.
  • The person has a partial capacity to work of 0 to 7 or 8 to 14 hours per week. These job seekers may wish to volunteer for employment services.
  • Those assessed with a temporary reduced work capacity (TRWC) 0 to 7 or 8 to 14 hours per week will be exempt from RapidConnect for the duration of their TRWC (if not already linked to an employment services provider).
  • YA (job seekers) who are early school leavers (1.1.Y.20) if they are fully meeting their mutual obligation requirements at the time of claim.

Act reference: SSAct section 615 JSP not payable if person fails to attend interview etc. in certain circumstances, section 547AA YA not payable if person fails to attend interview etc. in certain circumstances

SS(Admin)Act section 13 Deemed claim-person contacting Department about a claim for a social security payment, section 40A Requirement to enter into employment pathway plans, section 40F Employment pathway plan matters, section 63 Requirement to attend Department etc.

Policy reference: SS Guide 3.1.3 Notification & recipient obligations, 8.1.1.60 Contacting Services Australia about a claim, 8.1.2.40 Claim determination - payment specific provisions, 8.1.3.10 Provision of information, 8.2.1 Transfers, 8.2.2 Reclaiming a payment

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