Transfer Guidelines

V 1.7

Disclaimer

This document is not a stand-alone document and does not contain the entirety of Disability Employment Services Programme Providers' obligations. It should be read in conjunction with the Disability Employment Services Deed and any relevant Guidelines or reference material issued by the Department under or in connection with the Disability Employment Services Deed.

Table of Contents

Summary

Disability Employment Services Deed Clauses:

Additional clauses:

Applicable reference documents relevant to these Guidelines:

Explanatory Notes:

Transfer due to relocation:

Transfer due to a relationship failure or better services for the Participant with another DES Provider:

Transfer by Agreement:

Transfer by Assessment:

ATTACHMENT A

ATTACHMENT B

Transfer Guidelines

Document Change History:

Version / Start Date / Effective Date / End Date / Change & Location
1.7 / 1 Oct 16 / 1 Oct 16 / Narrative: Outline the process for reversing an automatic Centrelink transfer when the participant was directly registered in an ESA adjoining the ESA in which they permanently reside (page 16).
Minor grammatical changes throughout the Guidelines.
1.6 / 12 Sep15 / 12Sep 15 / 30 Sep 16 / Narrative: Wording amended to reflect July 2015 system change ofauto transfers for Participants using AJS and Providers actioning in ESS Web.
1.5 / 25 Aug 14 / 25 Aug 14 / 11 Sep 15 / Content: Document rationalization (red tape initiative)
Consolidated from: former Transfer Guidelines, former Transfer by Agreement Job Aid, Transfer due to Relationship Failure Job Aid and Transfer due to Assessment Job Aid.
1.4 / 23Jan 14 / 23 Jan14 / 24 Aug 14 / Narrative: Wording amended to clarify out of area transfers.
1.3 / 4 Aug11 / 4 Aug11 / 22 Jan14 / Narrative:Change to name of reference document (p4).
Narrative: Additional wording to clarify DES Providers’ responsibilities if transferring under the Connecting People with Jobs Initiative (p6, 7 10).
1.2 / 9 May 11 / 9 May 11 / 4 Aug 11 / Narrative: Wording amended to reflect March 2010 system change to stop auto transfers for Participants in OS and PPS when a change of address is notified by Centrelink.
1.1 / 1 Dec 10 / 1 Dec 10 / 9 May 11 / Narrative: Wording amended to incorporate changes made under General Deed Variation No. 1
1.0 / 15 Jan 10 / 01 Mar 10 / 1 Dec 10 / Original version of document

Summary

These Guidelines outline Disability Employment ServicesProviders’ (herein referred to as ‘DESProviders’)responsibilities and required actions when transferring or receiving transferred Participantsin Disability Employment Services.

A Participant may change DESProvidersin their local Employment Service Area (ESA) if the Participant:

  • moves to a new location—relocation
  • or DESProvider, requests a transfer by the Department, if at any time the Participant and DESProvider are unable to achieve or maintain a reasonable and constructive service relationship—relationship failure
  • requests to change DESProvider and both DESProviders agree to the change—by agreement or
  • requests the Department to change DESProvider where the Participant can demonstrate they would receive better services that could enhance their employment prospects from another DESProvider —better servicesfor the Participant with another DESProvider; or
  • requires a change of DES Provider as a result of an Ongoing Support Assessment recommendation—Assessment.

Permanent Address of job seeker

Subject to Attachment A, a DES Provider may only transfer a job seeker whose Permanent Address is located in an ESAspecified in the receiving DES Provider’s Schedule.

A Participant’s local ESA is the ESA where a Participants permanent home address is located in.

In all cases, the receiving Provider must immediately facilitate and cooperate with the transfer to ensure services continue to be provided to the Participant without delay.

Disability Employment ServicesDeed Clauses:

Clause 112—Relocation of Participant

Clause 113—Relationship failure, transfer by agreement, transfers by the Department and transfer by assessment

Additional clauses:

Clause 77 — Provision of Programme Services

Clause 88 — Initial Contacts

Clause 96 — General requirements for an Job Plan

Applicable reference documents relevant to these Guidelines:

Service Fee Guidelines

Contacts Guidelines

Referral and Commencement Guidelines

Ongoing Support Guidelines

Disability Employment Services Participant Compliance Guidelines

Documentary Evidence for Claims for Payment Guidelines

Creating and Updating Job Plan Guidelines

Initial Interview for a new programmeJob Aid following an ESAt, JCA or OSA

Arrangements for the management of threatening, aggressive and violent Participant behaviour for Disability Employment ServicesProviders Advice.

Connecting People with Jobs Advice

Explanatory Notes:

  1. All terms with initial capitalisation have the same meaning as in the Disability Employment ServicesDeed.
  2. In this document, ‘must’ means that compliance is mandatory and ‘should’ means that compliance represents best practice.

Transfer due to relocation:

Who is Responsible: / What is Required:
1. Participant
Participant relocates /changes residential address
Disability Employment Services Deed Clause Reference:
  • Clause 112
  • Clause 113
/ When Participants notify Centrelink of a change of address Centrelink will record the new address and notify the Department via theDepartment’s IT System.
The Departmentwill determine if the Participant requires a transfer due to relocating.
For Participants inEmployment Assistance
If a Participant remains in the same ESA and their new location is within a reasonable distance of their current DES Provider Site, they will not be transferred and the DES Provider must continue to provide services to the Participant at no additional cost to the Department.
End of Process
If a Participant remains in the same ESA and their new location is within a reasonable distance of another Site of the current DES Provider that is contracted to deliver the same Programme Services the Participant was receiving at the time of the relocation, the DES Provider can transfer the Participant to that Site and continue to provide services without interruption.
End of Process
If a Participant remains in their current ESA but not within a reasonable distance of a Site of their current DES Provider, the Participant and DES Provider should discuss options for transfer to another DES Provider. See ‘Transfer by agreement’
If the Participant moves to a new ESA, and the original DES Provider does not have a Site in the new ESA, the Department will automatically allocated to a new DES Provider in the new ESA. Proceed to Step 2.
If the Participant moves to a new ESA and the original DES Provider is contracted to deliver the same Programme Services the Participant was receiving at the time of relocation,the Department will transfer the Participant to a new Site in the new ESA within the same organisation. Proceed to Step 4
For Participants in the Post Placement Support (PPS) or Ongoing Support (OS) phase
The Department’s IT system will check for participation in OS or PPS and no transfer will occur for these Participants. The DES Provider must continue to provide services to the Participant at no additional cost to the Department.
End of Process
If it is not possible to continue to provide services to the Participant, a transfer may be appropriate.See ‘Transfer by Agreement’ or ‘Transfer due to Better Services for the Participant with another DES Provider’.
End of Process
2. The Department
Participant requires a new DES Provider or a new Site with their original DES Provider / The Participant will be be transferred by the Department (or the Department to a new DES Provider. The original DES Provider will receive a noticeboard message. Proceed to Step 3.
If the Participant has transferred to a new DES Provider or Site, the new DES Provider or Site will receive a noticeboard message. Proceed to Step 4.
3. Participant
The Participant receives notification of transfer and given a choice of DES Provider.
Disability Employment Services Deed
  • Clause 81.4
/ After the DES Provider receives notification that the Participant has been transferred to them, the Participant will receive the details of their new DES Provider via their personal page and SMS and/or email if those are identified as being a preferred method of contact.
The Participant will also be given the option to choose a different DES Provider to the one they have been allocated. If the Participant takes up this option, they must contact the National Customer Service Line (NCSL) within five business days of being transferred.
4. DESProvider
The new DESProvider, or original DES Provider’s new Site, arranges aninitial Contact appointment and starts delivering services tothe Participant
Disability Employment Services Deed Clause Reference:
  • Clause 87
  • Clause 113
/ The new DESProvider, or the new Site, must immediately facilitate and cooperate with the transfer so as to enable services to continue to be provided to the Participant. This includes contacting the Participant to arrange a suitableinitial Contact appointment.
Note 1: Standard compliance rules apply for Activity Tested Participants who do not attend. See Disability Employment Services Participant Compliance Guidelines.
Note 2: There may be instances where the Department’sIT System automatically allocates a Participant who has relocated under the Connecting People with Jobs initiative to a DES Providerthat has not been involved in the negotiation of the Participant’s Connecting People with Jobs Agreement. If this occurs, the receiving DES Provider must agree to transfer the Participant to theappropriate DES Provider so that the negotiated relocation assistance can be provided.
  • Clause 88.1
  • Clause 113.4
  • Clause 113.5
/ At the initial Contact appointment with the transferred Participant, the new DES Provider or the new Site must:
  • explain the Programme Services that the DES Provider will provide; and
  • review and update the Participant’s Job Planand
  • commence delivering Programme Services in accordance with his or her Job Plan.
Where the Participant has relocated under the Connecting People with Jobs initiative, the previous and the new DES Provider should discuss their roles and responsibilities, including support to be provided to the Participant and expenses to be covered under the initiative, including any wage subsidies. If an agreement cannot be reached, the the Department contract manger should be notified.The Department will not pay the same expenses to both Providers. Refer to the Connecting People with Jobs Advice.
Note:While an Initial Interview session type will be used in the Providers Electronic Diary for the Participant transferring in, the DES Provider does not have to deliver all of the required information and services of the Initial Interview as per the Disability Employment Services Deed.
The new DESProvider will have access to Participant’s records, personal details and history of events. Some information that relates to previous DESProviders, such as Skills Assessment or Participation Reports will show as completed but the detail will not be accessible to the new DESProvider.
End of Process

Transfer due to a relationship failure or better services for the Participant with another DES Provider:

Who is Responsible: / What is Required:
1. DESProvider
DESProvider applies for a Participant transfer due to a relationship failure
the Department will then review the request and determine if the Participant is to be transferred
Disability Employment Services Deed Clause Reference:
  • Clause 113
/ If a DESProvider is unable to achieve or maintain a reasonable and constructive service relationship with a Participant the DESProvider is able to apply to National Customer Service Line (NCSL) staff for a Participant transferlocated within the Participants ESA.The DESProvider should fill out the transfer form and forward this to the Departments NCSL staff for review and determinationalong with evidence to support the request, so that the Departments NCSL staff can review the request and make a determination.
Note: It is expected that DES Providers must take every action possible to resolve the difference with the Participant prior to requesting a transfer.See detail in Step 2 for points on what the Department will consider when making a determination.
If the Departmentapproves the transfer, proceed to Step 3
If the Department determines not to approve the transfer, proceed to Step 4
2. Participant
Participant applies to the DepartmentNCSL for a transfer
the Department will then review the request and determine if the Participant is to be transferred
Disability Employment Services Deed ClauseReferences:
  • Clause 113.1 (a)
  • Clause 113.2 (b)
/ The Participant may apply for a transfer if they feel they are unable to achieve or maintain a reasonable and constructive service relationship with their DESProvider, or they believe they will receive better services that could enhance their employment prospects from another DESProviderlocated within the ParticipantsESA. If applicable, the NCSL staff will complete the relationship failure form on the Participant’s behalf.
The NCSLwil undertake the same process to determine if the transfer is appropriate.
When a request is received the Department may take into account any relevant matter including, but not limited to:
  • the DESProvider and the Participant can no longer work together to service the Participant’s needs; or
  • the services outlined in the Participant’s Job Plan and the Service Guarantee are not offered by the DES Provider.For example, a Participant may receive more appropriate services from a Specialist Service Provider; or
  • the Participant, general public or any staff member of a DESProvider is likely to be harmed as a result of a continuing relationship (harm may include violence or harassment) or there is a lack of sensitivity to the cultural needs of groups such as Indigenous Participants and Participants from culturally and linguistically diverse backgrounds; or
  • the reasons provided by the Participant as to why he or she would receive better services that could enhance their employment prospects from the other DESProvider.
The evidence for this decision could include:
  • evidence of counselling, conflict resolution or mediation services;
  • Participation Report/s;
  • entries on the Participant’s file;
  • ongoing entries made by NCSL staff in the Department’sIT System; or
  • Participant Incident Report/s (as relevant).
If the Departmentapproves the transfer, proceed to Step3
If the Department determines not to approve the transfer, proceed to Step 4
3. The Department
The Department approves the transfer / The request will be investigated and a decision made based on the information provided. Once the decision is made, the Department will contact the DES Provider and the Participant to advise the outcome.
The NCSL may contact the DES Provider or the Participant, for more details regarding the request to transfer as part of their investigation into the relationship failure.
If the Department approves the transfer, the NCSLstaff will arrange for the transfer of the Participant and book the Participant into aninitial Contact appointment with the new DESProviderof their choice?
NCSL staff will inform the Participant of the available DES Providers (including Specialist Services Providers) in the area and provide information such as Performance Ratings and locations. Participants who do not select a DES Provider will be randomly allocated to a DES Provider within their ESA.
The original DESProvider will receive a noticeboard message that the Participant has transferred from their caseload.
The new Provider will receive a noticeboard message.
Proceed to Step 5
4. The Department
The Department determines not to approve thetransfer
Disability Employment Services Deed Clause Reference:
  • Clause 113.2
/ If the Department determines not to approve the application to transfer, the Department will notify the requesting party of the result of the determination. The Participant will not be transferred and the original DESProvider must continue to deliver ProgrammeServices to the Participant.
Where a DESProvider or a Participant is not satisfied with the result of the determination, they may request that the decision be reviewed.
If a Participant or a DESProvider requests an internal review they must notify the NCSL in their State to request a review within 14 business days of the original decision. Reviews are preferably requested in writing and are to be processed within fivebusiness days from receipt of a review request where possible.
If the determination is changed the process will continue from Step3.
5. DESProvider
DESProvider delivers services to the transferred Participant
Disability Employment Services Deed Clause Reference:
  • Clause 113
/ The new DES Provider must immediately facilitate and cooperate with the transfer so as to enable services to continue to be provided to the Participant. This includes contacting the Participant to arrange a suitable initial Contact appointment. See the Employment Pathways Plan Guidelines for more details.
At the initial Contact appointment with the transferred Participant, the new DES Provider must:
  • explain the Programme Services that the DES Provider will provide; and
  • review and update the Participant’s Job Plan and
  • commence delivering Programme Services in accordance with his or her Job Plan.
Note:While an initial Interview session type will be used in the Providers Electronic Diary for the Participant transferring in, the DES Provider does not have to deliver all of the required information and services of the Initial Interview as per the Disability Employment Services Deed.
The new DES Provider will have access to Participant records, personal details and history of events. Some information that relates to previous DES Providers, such as Skills Assessment or Participation Reports will show as completed but the detail will not be accessible to the new DES Provider.
End of Process
Service Fees are pro-rated, calculated by the Department and based on the period of time from the date of the initial Contact with the Participant by the receiving DES Provider to the end of the 13 week period in which the transfer occurred. The Department will not recover Service Fees from the Original DES Provider when Participants transfer.
Note: Service Fees are not pro-rated for Participants who transfer between Sites of the same DES Provider.

Transfer by Agreement:

Who is Responsible: / What is Required:
1. Participant or DES Provider
All parties agree to a transfer
Disability Employment Services Deed Clause Reference:
  • Clause 113.1 (b)
/ A Participant may discuss transferring to a different DES Provider with their current DES Provider. The current DES Provider should inform the Participant of their transfer options and discuss whether a transfer by agreement would be appropriate.
The current DES Provider or the Participant may approach a new DES Provider regarding a transfer by agreement.