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: 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: 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: 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 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: 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: 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 2 Process Definitions Details proposed Employment Providers and the Stream Participant. There are two options for lodgement. Lodgement on the Australian JobSearch website 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: 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 3 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 4 Process Details 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: 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: 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 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 A customer service officer may contact you to confirm or clarify some of the information submitted with the request. 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 11
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