Transfers Guideline - Department of Employment

Transfers Guideline
Document change history
Version
Start date
Effective date
1.0
01 07 15
01 07 15
End date
Change and location
Original version of document
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 outlines an Employment Provider’s responsibilities and actions that must be taken when a Stream
Participant transfers between its Sites or to a new Employment Provider.
This Guideline does not address the transfer of Stream Participants to the Remote Jobs and Communities
Programme where they move to a remote location or Disability Employment Services.
Policy Intent
Transfer arrangements facilitate continuity of servicing when job seekers change location and reinvigorated
servicing where a Stream Participant has been registered with an Employment Provider for an extended period
without achieving an Employment Outcome. Transfer arrangements also provide Stream Participants choice in
regard to their Employment Provider.
To reduce the red tape burden on Employment Providers, Stream Participants are automatically transferred:
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as a result of a change of address, or
because of the Maximum Time with Provider policy.
Stream Participants may be manually transferred to another Employment Provider:
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by agreement
for better servicing requests, or
due to the breakdown of their relationship with their Employment Provider.
Relevant Deed clause/s
The relevant clauses in the jobactive Deed 2015–2020 (the Deed) include:
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Annexure A1—Definitions
Clause 20—The Department may vary certain terms
Clause 75—Volunteers
Clause 80—Relocation of Stream Participant between Provider’s Sites
jobactive Transfers Guideline
TRIM ID: EM15/000985
Effective Date: 1 July 2015
1
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Clause 81—Transfer of Stream Participants from the Provider
Clause 82—Transfer of Stream Participants to the Provider
Clause 88—Employment Fund
Clause 123—Administration Fees
Clause 125—Outcome Payments.
Relevant references
Reference documents relevant to this Guideline include:
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Learning Centre website
Servicing Job Seekers with Challenging Behaviours Guideline
Eligibility, Referral and Commencement Guideline
Vacancies and Outcomes Guideline
Relocation Assistance to Take Up a Job Guideline
Employment Fund Wage Subsidies Guideline
Transfer by Agreement Form
Transfer Due to Relationship Failure Form.
Transfer process
Process
Details
Transfer due to change
of Address
When a Stream Participant notifies the Department of Human Services or their
Employment Provider that they have changed their address, the Department’s IT
Systems will determine whether the Stream Participant needs to be transferred.
Deed clause references:
 Clause 80
 Clause 81
 Clause 82
 Annexure A1—
Definitions
The determination will be based on whether:
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the Stream Participant has moved to a new Employment Region
the Stream Participant’s current Employment Provider has a Site that services
their new address
the Stream Participant has relocated to a remote location covered by the
Remote Jobs and Communities Programme (not covered by this Guideline).
Note: Employment Provider Sites are mapped to postcodes in the Department’s IT
Systems.
Where the Stream Participant changes their address and their current Employment
Provider has a Site that services their new residential postcode, the Stream
Participant will be automatically transferred to that Site (unless they are already
connected to that Site).
Where the Stream Participant’s new address is not serviced by a Site of their current
Employment Provider, the Department’s IT Systems will automatically transfer the
Stream Participant to another Employment Provider in accordance with clause 81.1(a)
of the Deed.
Note: Where the Stream Participant wishes to remain with their current Employment
Provider, they can request a transfer back to a Site of their current Employment
Provider in accordance with this Guideline.
Note: The exception to this transfer process is where a Stream Participant is subject to
a Relocation Assistance to Take Up a Job Agreement. In this case the Stream
Participant will not be transferred as a result of a change of address.
Transfer by agreement
Deed clause references:
 Clause 81
 Clause 82
 Annexure A1—
jobactive Transfers Guideline
TRIM ID: EM15/000985
Stream Participants may transfer to a new Employment Provider if their current
Employment Provider, their proposed Employment Provider and the Stream
Participant all agree to the transfer (see clause 81.1(c) of the Deed).
A request for a transfer by agreement must be completed by both the current and
Effective Date: 1 July 2015
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Process
Definitions
Details
proposed Employment Providers and the Stream Participant.
There are two options for lodgement.
Lodgement on the Australian JobSearch website
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A request for a transfer by agreement can be lodged electronically via the
Australian JobSearch website
The Stream Participant commences the process by lodging a request on the
Australian JobSearch website. The Stream Participant's request will first be
sent to the proposed Employment Provider for agreement
If the proposed Employment Provider agrees, the transfer request will be sent
to the Stream Participant's current Employment Provider.
If both Employment Providers agree, the Stream Participant will be automatically
transferred.
The current and proposed Employment Providers must action the request for a
transfer by agreement within three business days of receiving the request otherwise
the request will be automatically declined.
Note: If either the current or the proposed Employment Provider declines the
request, the transfer will not be actioned and the reason will be entered into the
online form. The form will then be sent to the Stream Participant.
Lodgement through the Employment Services System (ESS)
A transfer by agreement request can also be lodged in the Department's IT Systems
using the Transfer by Agreement Form, which is available on the Provider Portal and
the Department's public website:
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When all parties agree and sign the Transfer by Agreement Form, the current
Employment Provider must enter the details into the Department's IT
Systems to action the transfer. The current Employment Provider must retain
a copy of the signed form
Where either the current or the proposed Employment Provider declines the
transfer request, they should be informed of the outcome of the request.
Note: Stream Participants with a current Level 3 Incident Report (refer to the Servicing
Job Seekers with Challenging Behaviours Guideline) and Pre-release Prisoners cannot
have their transfer completed through the Australian JobSearch website.
The Employment Provider of a Stream Participant with a current Level 3 Incident
Report (including Pre-release Prisoners) must contact the Department's Employment
Systems Help Desk on 1300 305 520 to facilitate a transfer where agreement has been
reached by all parties.
Pre-release Prisoners will need to use the Transfer by Agreement Form which the
current Employment Provider must lodge using ESS, as outlined above.
Transfer due to
relationship failure
Deed clause references:
 Clause 81
 Clause 82
 Annexure A1—
Definitions
jobactive Transfers Guideline
TRIM ID: EM15/000985
Where the Department determines that the relationship between the Employment
Provider and the Stream Participant has broken down, the Department will transfer
the Stream Participant to another Employment Provider (see clause 81.1(b) of the
Deed) where one is available.
Stream Participant initiated request
Where a Stream Participant considers that it cannot maintain a reasonable and
constructive relationship with their Employment Provider, they can contact the
Department’s National Customer Service Line. A customer service officer will record
Effective Date: 1 July 2015
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Process
Details
the request and help to make the transfer where appropriate.
Employment Provider initiated request
Where an Employment Provider considers that it cannot maintain a reasonable and
constructive servicing relationship with a Stream Participant, it can complete the
Transfer Due to Relationship Failure Form and forward this to the Department’s
National Customer Service Line for investigation. The Department will consider the
request based on the evidence provided, including whether the Employment Provider
has followed the process outlined in the Servicing Job Seekers with Challenging
Behaviours Guideline.
Approval/transfer process
Where the Department’s National Customer Service Line approves a transfer due to
relationship failure, it will select an alternative Employment Provider where one is
available. In doing so it will take into account a range of factors, including Star Ratings
and provider location, and facilitate the transfer of the Stream Participant. The Stream
Participant will be sent a letter advising them of their new Employment Provider and
the date and time of their next appointment.
Where the Department’s National Customer Service Line does not approve the
transfer, it will notify the Employment Provider and/or the Stream Participant in
writing. If the Employment Provider and/or Stream Participant are not satisfied with
the outcome, they can request a review of the decision by notifying the Department’s
National Customer Service Line in writing within 14 business days of the original
decision.
Review process
Where the Employment Provider and/or Stream Participant request a review of the
original decision, it will be undertaken by a Departmental officer who was not
involved in the original approval process. In undertaking the review, the Departmental
officer should consider whether the Employment Provider has applied the strategies
outlined in the Servicing Job Seekers with Challenging Behaviours Guideline.
If the outcome of the review is that the request for transfer is approved, the
Department’s National Customer Service Line will action the transfer using the
process outlined earlier in this section.
Where the outcome of the review is that the request for transfer is not approved, the
Employment Provider and/or Stream Participant will be notified in writing and the
Employment Provider must continue to provide Services to the Stream Participant.
Transfer for better
servicing
Deed clause references:
 Clause 81
 Clause 82
 Annexure A1—
Definitions
Transfer due to
‘Maximum Time with
Provider’ policy
Deed clause references:
jobactive Transfers Guideline
TRIM ID: EM15/000985
Where a Stream Participant has demonstrated to the Department’s satisfaction that
they will receive better Services from another Employment Provider, the Stream
Participant may be transferred to that Employment Provider (see clause 81.1(b)).
To request a transfer, a Stream Participant may contact the Department’s National
Customer Service Line, which will assess the request. Where the Department
determines that the Stream Participant has demonstrated that they will receive better
servicing from another Employment Provider, the Department will action the transfer.
Where the Department does not agree to the request, the Stream Participant will be
informed of the decision.
Stream Participants will be automatically transferred to a new Employment Provider
where their Period of Registration exceeds two years (Stream A) or three years
(Stream B and Stream C) and where they remain unemployed (this is known as the
Maximum Time with Provider policy) (see clause 81.1(d)):
Effective Date: 1 July 2015
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Process
Details
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Clause 20
Clause 81
Clause 82
Annexure A1—
Definitions
The Period of Registration pauses for Suspensions
Under the Maximum Time with Provider policy the term 'remain unemployed'
means that the Employment Provider has not claimed a Full Outcome or
Partial Outcome for the Stream Participant over the relevant period. When an
Outcome Payment is claimed, a new two-year/three-year period commences.
Note: The Maximum Time with Provider transfer will not occur when a Stream
Participant is:
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commenced in a job placement that is tracking towards an Outcome Payment
participating in a Work for the Dole Place or other activity to meet their
Annual Activity Requirement
relocating for employment through Relocation Assistance to Take Up a Job,
has a signed agreement in place and has an 'expected to start' job placement
recorded in the Department's IT Systems.
When the Job Seeker Placement ends or the Job Seeker Placement does not lead to a
four-week or 12-week Outcome Payment, the Stream Participant will be transferred.
When the participation in the Work for the Dole Place or other activity ends the
Stream Participant will be transferred.
The Department will take into account a range of factors when determining which
Employment Provider the Stream Participant will transfer to, including the Stream
Participant's proximity to the gaining Employment Provider; and the gaining
Employment Provider's Star Rating.
The pro-rata of Administration Fees and the transfer of Employment Fund credits
from the relinquishing Employment Provider to the gaining Employment Provider will
be undertaken in accordance with clauses 123.3-123.4 and 88.13 respectively.
The Department will adjust the Business Share of Employment Providers each quarter
to take into account transfers to and from an Employment Provider (see clause 20 and
81.1(d)).
Where a Stream Participant is transferred under the Maximum Time with Provider
policy, the Stream Participant can request a transfer for better servicing or transfer by
agreement. However, they cannot move back to their original Employment Provider
unless there are exceptional circumstances.
jobactive Transfers Guideline
TRIM ID: EM15/000985
Effective Date: 1 July 2015
5
Transfer by Agreement Form
Please complete the following form to request a Transfer by Agreement. This form must be completed by the
Participant, the current Employment Provider and the proposed Employment Provider. This form/process can
be initiated by either the Participant or one of the Employment Providers.
Each of these parties agrees to the transfer of the Participant from the current Employment Provider to a Site of
the proposed Employment Provider when this form is signed by:
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the Participant
an approving officer from the proposed Employment Provider
an approving officer from the current Employment Provider.
The Transfer by Agreement should not be actioned in the Department’s IT Systems unless all parties have
agreed to the transfer and signed this form. The current Employment Provider must keep the completed form
as evidence that a Transfer by Agreement was agreed to. Please refer to the Transfers Guideline before
completing this form.
Note: Stream Participants also have the option to initiate a Transfer by Agreement request online via the
Australian JobSearch website.
jobactive Transfers Guideline
TRIM ID: EM15/000985
Effective Date: 1 July 2015
6
Participant details
Title
Transfer approval details—Current Employment
Provider
Approved
Family name
Yes
No
If no, why?
First name(s)
Preferred name
Approved by
Job seeker ID
Position/title
Reason for transfer
Approving officer signature: ………………………………………………………
Date: ……………………………………………………………………………..
Proposed Employment Provider details
Site code and organisation code
Job seeker signature: ……………………………………………………………
Date: …………………………………………………………………………….
Current Employment Provider details
Site code and organisation code
Contact name
Telephone
Email
Contact name
Transfer approval details—Proposed Employment
Provider
Site name
Approved
Telephone
Yes
If no, why?
Email
Discussed transfer of Employment Fund credits with proposed Employment
Provider?
Yes
No
Approved by
No
Outcome of discussion regarding Employment Fund credit transfer
Transfer Due to Relationship Failure Form
TRIM ID: EM15/000985
Position/title)
Effective Date: 01 July 2015
Approving officer signature: ………………………………………………………
Date: ……………………………………………………………………………..
Current Employment Provider – Please tick this box to acknowledge that
if all parties have agreed to the transfer it has been entered into the
Department’s IT Systems.
Transfer Due to Relationship Failure Form
TRIM ID: EM15/000985
Effective Date: 1 July 2015
8
Transfer due to Relationship Failure Form
Stream Participant details
It is recommended that the following Stream Participant be
transferred from the Employment Provider identified on this
form due to a relationship failure.
Title
Family name
This form should only be used by the Employment Provider
to request the transfer of a Stream Participant when there
has been a relationship failure between the Employment
Provider and a Stream Participant. The relationship is
deemed to have failed when the Employment Provider and
Stream Participant can no longer work together to serve the
Stream Participant’s needs, as determined by the
Department of Employment (the Department).
The Department must be completely satisfied that the
Employment Provider and the Stream Participant have taken
every possible action to resolve the problem.
Employment Provider requirements
Employment Providers should follow the processes outlined
in the Servicing Job Seekers with Challenging Behaviours
Guideline available on the Provider Portal, taking note that
this type of transfer will generally only be approved following
the implementation of a case management plan and/or a
period of restricted service.
First name(s)
Preferred name
Job seeker ID
Reason for the transfer
Please tick this box to acknowledge that you have read
the Servicing Job Seekers with Challenging Behaviours
Guideline before submitting this request for transfer.
Please scan and email the completed form and any attachments to the
Department’s National Customer Service Line
([email protected]).
Employment Provider details
Print name of requesting officer
Transfer Due to Relationship Failure Form
TRIM ID: EM15/000985
Effective Date: 01 July 2015
Change of Site (if possible)
Signature of requesting officer
Purchased professional services (if eligible)
Implemented a case management plan
Site code and organisation code
Implemented temporary service restrictions
Job Seeker incident report
Site name
Police report
Telephone
Other (please specify)
Email
Date
Action taken
Please tick the appropriate box(es) below to indicate the
actions that have been taken in an attempt to resolve
differences between the Employment Provider and the
Stream Participant—including in accordance with the
Servicing Job Seekers with Challenging Behaviours Guideline,
where applicable. Please also attach to this form evidence of
actions undertaken.
Complaints process used
Change of consultant
Information to consider
Alternative servicing arrangements
Transfer Due to Relationship Failure Form
TRIM ID: EM15/000985
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Evidence relating to action taken to resolve the
differences between the Employment Provider and the
Stream Participant should be attached. If this evidence is
not provided, your request may be declined.
Effective Date: 1 July 2015
10
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A customer service officer may contact you to confirm or
clarify some of the information submitted with the
request.
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A request to transfer will generally be processed within
10 business days from the date of receipt of all
information relevant to the request. The Department will
notify you of the outcome in writing.
Department Only
Departmental Decision
Where the transfer has been approved, please tick
this box to indicate that the transfer was actioned.
Date
If the Department declines this request to transfer
If the Department declines this request to transfer and you
are not satisfied with the decision because for example, you
believe that the administrative process was not correctly
followed or information not originally considered has become
available to you, you may request a review. Your review
request must be received by the Department’s National
Customer Service Line (1800 805 260) within 14 days of the
Department declining the original request.
Transfer Due to Relationship Failure Form
TRIM ID: EM15/000985
Effective Date: 1 July 2015
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