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.

3.11.6 Fully meeting requirements

Introduction

Recognising their unique circumstances, some cohorts of job seekers may be able to fully meet their requirements by undertaking 30 hours per fortnight of approved activities (including paid work, approved study, voluntary work, self-employment or a combination of these activities). These cohorts are principal carer job seekers, those aged 55 and over or those with an assessed partial capacity to work. In all cases outlined below, paid work and self-employment must meet the sufficient work test in order for it to fully meet the job seeker's requirements (1.1.S.403).

A job seeker who is fully meeting their requirements does not have to look for work or participate in any additional activities. Job seekers who are fully meeting their requirements must be prepared to report on their activities as required. If a job seeker’s fully meeting activity is expected to last for 13 weeks or more, they will no longer need to remain connected to employment services. These job seekers may be exited from employment services, and will agree to a job plan with, and report their participation in their fully meeting activity to, Services Australia. Once their fully meeting activity has ceased, they will be referred back to employment services (if appropriate).

Those who are fully meeting their requirements and are no longer required to connect to employment services are still able to engage with employment services voluntarily. However, they still need to agree to a job plan with, and report their participation in their fully meeting activity to, Services Australia.

Where more than one method of fully meeting requirements is available to a job seeker (for example, they are a principal carer parent and also mature aged) then they fully meet their requirements if they satisfy the criteria for either cohort.

Mature age

Under social security legislation, depending on their age and how long they have been receiving payment for, job seekers aged 55 years and over may choose to satisfy their mutual obligation requirements through approved voluntary work, suitable paid work (including self-employment), or a combination of these activities.

In their first 12 months on payment, job seekers aged 55 to 59 can generally satisfy their mutual obligation requirements through 30 hours per fortnight of paid work, or 30 hours per fortnight of a combination of approved voluntary work and paid work (where at least 15 hours per fortnight must be in paid work). After 12 months on payment, these job seekers can satisfy their mutual obligation requirements if they undertake at least 30 hours per fortnight of approved voluntary work, paid work or any combination of these activities.

Regardless of their duration on payment, job seekers aged 60 and over as well as PP recipients (aged 55 and over) can satisfy their mutual obligation requirements if they undertake at least 30 hours per fortnight of approved voluntary work, paid work (including self-employment) or any combination of the 2.

From 1 July 2024 it is no longer required for job seekers aged 55 and over to remain connected to their employment services provider while they are fully meeting their mutual obligation requirements by undertaking activities expected to last 13 weeks or more. In instances where job seekers aged 55 years and over have confirmed their engagement in voluntary work but have not yet commenced, the job seeker still has a requirement to participate in compulsory activities (such as job search and attending provider appointments if applicable) until they commence the voluntary work.

Mature age principal carer parents (that is, those who are aged 55 and over) whose hours drop below 30 hours in the fortnight with a reasonable excuse will be given 2 further consecutive fortnights to increase their hours back above the 30 hours per fortnight threshold. If they do not restore their hours within these 2 further consecutive fortnights, they will be considered to no longer be fully meeting their requirements.

For the purposes of assessing how a mature-aged job seeker may fully meet their requirements, if a job seeker goes off payment for a period of less than 3 months, they will still be taken to be on payment during that period and this will count towards determining if they have been receiving payment for 12 months.

Principal carer parents & those with an assessed partial capacity to work

Principal carer parents (1.1.P.412) and job seekers with an assessed partial capacity to work (1.1.P.65) are able to fully meet their requirements through 30 hours per fortnight of paid work, study (where the 30 hours of study includes both contact and non-contact hours), or a combination of paid work and study totalling at least 30 hours per fortnight. Principal carer parents receiving PES, and undertaking full-time study, are also taken to be fully meeting their requirements.

Where principal carer parents have shared care of children and work irregular hours over a fortnight (for example, they may work 30 hours one week and no hours the next), mutual obligation requirements are considered to have been met where the job seeker works sufficient hours - during both their care and non-care days/weeks - to meet their mutual obligation requirements over a 4-week period.

Where these job seekers are fully meeting their requirements through paid work and/or study, they cannot be required to undertake any job search or participate in any additional activities, and they can be exited from their employment services provider should their participation in their fully meeting activity/ies be expected to continue for 13 weeks or more.

In some circumstances principal carer parents can also satisfy their mutual obligation requirements by undertaking voluntary work either by itself or in combination with approved study and/or paid work for a combined total of at least 30 hours per fortnight. Principal carer parents under 55 can only use voluntary work to fully meet their part-time mutual obligation requirements if the particular voluntary work is approved by their employment services provider. Providers can only approve voluntary work for a principal carer parent job seeker if ALL the following conditions are met, in addition to the general voluntary work approval requirements (3.11.3.30):

  • the principal carer parent lives in a poor labour market
  • there are limited training opportunities locally available
  • there is a significant vocational aspect to the voluntary work, and
  • that the voluntary work placement meets the criteria for approval as part of requirements (3.11.3.30).

Note: Job seekers with an assessed partial capacity to work are unable to fully meet their requirements through voluntary work, unless they are also principal carer parents or aged 55 and over.

Examples of voluntary work with a significant vocational aspect:

  • library assistant
  • charity shop sales assistant.

Examples of inappropriate voluntary work:

  • collecting money on the street for a charity organisation
  • walking dogs for an animal shelter.

Example: Daisy is a 35 year old principal carer parent who lives in a remote town in Western Australia. Daisy is currently studying a Certificate III in Teaching by correspondence. She advises her employment services provider that she would like to undertake voluntary work as a tutor at a local school in addition to her studies in order to meet her requirements. After confirming that the position does not involve tasks normally undertaken by a paid employee - and after considering Daisy's situation, the local labour market, that she is already studying to further her employment opportunities and that the voluntary work will enhance her teaching skills - her provider approves her voluntary work as part of her mutual obligation requirements. Daisy is able to fully meet her mutual obligation requirements as she undertakes 30 hours per fortnight of approved voluntary work and study combined. She is no longer required to undertake job search or other activities.

Example: Brett is a 39 year old principal carer parent who lives in Sydney. Brett wants to undertake voluntary work of 30 hours per fortnight to satisfy his requirements. He advises his employment services provider that he would like to undertake voluntary work collecting money for a well-known charity organisation. Brett's provider conducts a review on the local labour market, training opportunities available and the vocational aspect to the voluntary work he proposes. His provider concludes that it is not appropriate to approve Brett's choice of voluntary work as Sydney has a large labour market, there are many training opportunities available and the voluntary work does not have a strong vocational focus.

Act reference: SS(Admin)Act section 40R Persons engaged in work

Study or training in Workforce Australia

In addition to mechanisms discussed above, any job seeker in Workforce Australia can fully meet their requirements if they are undertaking a total of 70 hours or more per fortnight of a combination of paid work and study/training in high labour demand areas (3.11.3.10). As with other fully meeting cohorts, those whose paid work and approved study of 70 hours per fortnight is expected to continue for 13 weeks or more, will no longer need to remain connected to employment services and maybe exited. These job seekers will have a job plan agree with, and report their participation in their activities to, Services Australia.

Job seekers in Workforce Australia Services (provider managed) can also meet their points target (3.11.4) if they participate full-time in approved study (3.11.3.10). This means they will have no minimum job search. Providers are able to assist job seekers identify courses which will be beneficial for them, and report and record their enrolment and attendance.

Job seekers in Workforce Australia Online may also be able to meet their points target if they are undertaking full-time study in an eligible course. Online participants should contact the Digital Services Contact Centre to have their points requirement adjusted if required.

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