3.11.14.10 Types of failures & penalties
Introduction
The RAES commenced on 1 November 2025, replacing the CDP. The service operates in RAES regions (formerly CDP regions). The RAES supports participants with the skills, mentoring and training they need to take up job opportunities, including those created through the Remote Jobs and Economic Development (RJED) program. Relevant information is being continually updated in the Social Security Guide.
Mutual obligation settings that applied under the CDP will remain the same in the RAES.
This topic concerns the types of failure and penalties under the compliance arrangements set out in SS(Admin)Act Part 3 Division 3A (otherwise known as the Job Seeker Compliance Framework). These arrangements only apply to job seekers on participation payments who are declared program participants (that is, RAES participants) under the Social Security (Declared Program Participant) Determination 2025.
Compliance failures
If a participant fails to meet their mutual obligation requirements and does not have a reasonable excuse or, if the failure relates to attendance at an appointment and the participant does not give prior notice of a reasonable excuse when it was reasonable to expect them to do so, a failure may be applied. Participants can incur the following failures:
- NSNP failures
- connection failures
- non-attendance failures
- reconnection failures, and
- serious failures.
If a participant fails to attend an appointment with their employment service provider, their payment is automatically suspended if the provider decides to report this to Services Australia, regardless of whether or not they have a reasonable excuse.
Note: If the purpose of an appointment with a provider cannot be achieved due to the behaviour of the participant at that appointment then a payment suspension may occur or a non-attendance failure may be applied, even though the participant has attended.
All of the above failures, except for a connection failure, may result in a financial penalty. Although a connection failure does not result in a financial penalty, it contributes to the count of the participant's failures for the purpose of determining whether or not they have been persistently non-compliant, as set out in the Social Security (Administration) (Persistent Non-compliance) Determination 2025.
The following table outlines the consequences under the compliance framework of various types of non-compliant conduct.
| Requirement | Conduct | Consequence |
|---|---|---|
| Appointments | Failure to attend a compulsory appointment, for example with an employment service provider (or compulsory appointment with a third party organisation), or inappropriate behaviour during the appointment which results in the purpose of the appointment not being achieved. | If the provider chooses to report the non-attendance to Services Australia, income support payment is suspended. Payment is reinstated when the participant attends a reconnection appointment, agrees to attend a reconnection appointment or is no longer required to attend a reconnection appointment. The reconnection appointment must be within 2 business days of contact taking place with the participant, otherwise payment is reinstated immediately. If the participant failed to give prior notice of a reasonable excuse, a non-attendance failure and penalty may also be applied (3.11.14.30). |
| Failure to attend a reconnection appointment or inappropriate behaviour during the appointment which results in the purpose of the appointment not being achieved. (Note that failing to enter a Job Plan during a reconnection appointment has different consequences - see below.) | Unless the participant gives prior notice, income support payment may be suspended. Payment is reinstated when the participant attends a further reconnection appointment, agrees to attend a reconnection appointment or is no longer required to attend a reconnection appointment. If no reasonable excuse, a reconnection failure and penalty may also be applied (3.11.14.30). | |
| Job Plan | Failure to enter into a Job Plan (an EPP under social security law) (unless the requirement to do so is a RapidConnect requirement). Failure to enter into a Job Plan includes outright refusal and unreasonably delaying entering the plan. | If the participant has no reasonable excuse, a connection failure may be applied and the participant is again required to enter into a Job Plan, but as a reconnection requirement. Failure to attend the reconnection appointment to enter into a Job Plan without a reasonable excuse is a reconnection failure. A second consecutive refusal to enter into a Job Plan by the participant may result in cancellation of income support payment (see below). |
| Employment | Failure to undertake satisfactory job search. | If the participant has no reasonable excuse, a connection failure may be applied. |
| Failure to attend a job interview. Behaving in a manner during a job interview which results in the participant not receiving a job offer. | If the participant has no reasonable excuse, a NSNP failure and penalty may be applied (3.11.14.20). | |
| Failure to accept or commence in suitable employment. | If the participant has no reasonable excuse, a serious failure may be applied, resulting in an 8-week non-payment period, which commences the day after the participant became unemployed (3.11.14.40). | |
| Leaving suitable employment voluntarily or being dismissed for misconduct. | If the participant has no reasonable excuse, an 8-week unemployment non-payment period, may be applied, which commences the day after the participant became unemployed (3.11.14.80). | |
| All | Repeated failures applied for not attending appointments or job interviews or refusing to enter into a Job Plan. | A CCA is conducted by Services Australia. A serious failure may be applied where Services Australia determines that the participant has been persistently and wilfully non-compliant, resulting in an 8-week non-payment period which starts from the next income support payment. The penalty can be ended in prescribed circumstances (for more information on repeated failures see 3.11.14.40). |
An ongoing failure to meet one or more mutual obligation requirements, including:
| Payment may be cancelled as this may demonstrate that the participant is not willing to actively look for work and therefore no longer qualified for their participation payment. If the participant wishes to be paid again they must claim the payment and demonstrate that they would qualify for payment before being paid again. Arrears would not be applicable from the time of cancellation until the person lodges their new claim. |