Commonwealth Ombudsman annual report 2006-2007
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      Contentsright arrowChapter 7 Looking at the agenciesright arrowEmployment and Workplace Relations
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In this chapter

 Introduction
 Australia Taxation Office
 Centrelink
 Child Support Agency
 Defence
 Employment and Workplace Relations
 Immigration
 Law enforcement
 Postal Industry
 Other agencies
 Freedom of information
 Monitoring and inspection activities

References

Features
Appendixes
List of tables
and figures
Glossary
Compliance index
Contacts

CHAPTER 7 Looking at the agencies

employment and workplace relations

Employment and Workplace Relations menu: Changing PAGES | Work for the Dole | Emerging issues | Ongoing issues

We received 567 approaches and complaints about the Department of Employment and Workplace Relations (DEWR) in 2006–07, compared to 418 in 2005–06. Figure 7.5 shows the trend in approaches and complaints about DEWR over the past five years. We investigated 20% of the 559 approaches and complaints finalised in the year.

FIGURE 7.5 Department of Employment and Workplace Relations approach and complaint trends, 2002–03 to 2006–07

FIGURE 7.5 Department of Employment and Workplace Relations approach and complaint trends, 2002–03 to 2006–07

The increase over the last year is indicative of the major role DEWR plays in the government’s Welfare to Work initiatives, which commenced in July 2006. Although Centrelink delivers the majority of the payments and services associated with Welfare to Work, DEWR has responsibility for developing and implementing the policies underlying the income support system.

Issues about employment programs managed by DEWR, primarily the Job Network, accounted for the majority of complaints about DEWR in 2006–07. A large number of these complaints focused on the relationship between job seekers and their designated Provider of Australian Government Employment Services (PAGES).

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Changing PAGES

PAGES (Job Network) remains the Australian government’s largest employment service for unemployed job seekers. Most job seekers will receive job search support services for an initial period of three months. Those who remain unemployed after three months will proceed into Job Network Intensive Support services where intensive job search training is provided. Job seekers with a disability have access to a range of services, including PAGES, Disability Open Employment and Vocational Rehabilitation Services, to help them find work consistent with their capacity.

Job seekers generally remain with one PAGES for the duration of their unemployment period. If a jobseeker stops using Job Network services they will normally recommence with the same PAGES if they re-register within 12 months. It is generally expected that, by remaining with the same PAGES, a stronger relationship can be developed because the PAGES will be more familiar with the needs of the jobseeker. Jobseekers may transfer to their current PAGES at a different site if they relocate, or if there is agreement between the PAGES and the job seeker.

A job seeker may transfer between PAGES in limited circumstances, including where:

  • the job seeker has changed address to a location not serviced by their current PAGES
  • there is agreement between the new and old PAGES and the job seeker
  • there is an ‘irretrievable breakdown’ in the relationship between the job seeker and the PAGES.

The relationship between a PAGES and a job seeker is deemed to have irretrievably broken down when:

  • it appears there is no chance that the job seeker will receive the employment services that are outlined in the job seeker’s Preparing for Work Agreement
  • the job seeker or any staff member of a PAGES is likely to be harmed as a result of a continuing relationship: ‘harm’ may include violence or harassment, or a lack of sensitivity to the cultural needs of special needs groups such as Indigenous job seekers and job seekers from culturally and linguistically diverse backgrounds.

In these instances DEWR is responsible for investigating and actioning any requests for transfers between PAGES on the grounds of an irretrievable breakdown. DEWR will do so only when it is satisfied that all reasonable action has been taken by the PAGES to resolve any problems. In one case we investigated, there was a long history of conflict and the jobseeker had approached another PAGES who was willing to provide services. However, the jobseeker was unable to establish an irretrievable breakdown had occurred, because DEWR’s investigation of the jobseeker’s complaint had not brought all of the relevant circumstances to light. We are considering whether such complaints point to any wider systemic concerns about transfer arrangements.

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Work for the Dole

We continue to receive complaints related to Work for the Dole programs. The case study Injured shows how problems can arise for people injured in the course of participating in the programs.

‘We continue to receive complaints related to Work for the Dole programs.’

injured

CASE STUDY

Mr H contacted our office about difficulties he was experiencing in obtaining compensation from DEWR for an injury he sustained while participating in a Work for the Dole program. Mr H advised that, although he had contacted DEWR and its insurer numerous times over two years, he had received minimal assistance in meeting the costs of the essential medical treatment for his injuries.

A two-year time limit applied to several forms of medical treatment and assistance under the insurance cover for Work for the Dole participants. As Mr H’s medical issues were not fully resolved, he had an ongoing need for some of the medical assistance affected by the limitations to the insurance cover.

In the course of our investigation DEWR’s insurer negotiated a compensation payout to the complainant, which discharged DEWR’s liability against any future claims for his injuries. As a result of this investigation, some possible areas for DEWR to improve its handling of claims from people injured in Work for the Dole programs were identified.

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Emerging issues

Closing of CDEPs

In February 2007 the Minister for Employment and Workplace Relations announced changes to the Community Development Employment Projects (CDEP) program. CDEP is a program for unemployed Indigenous people, providing paid activities which contribute towards the local community and are aimed at developing skills and improving employability to assist people to move into employment outside CDEP programs. Indigenous Employment Centres are attached to some CDEP organisations. The Indigenous Employment Centre’s role is to help CDEP participants find long-term jobs and provide ongoing support in the workplace.

The CDEP program will no longer operate in urban and major regional centres where unemployment is below 7% from 1 July 2007. In addition to this, all Indigenous Employment Centres ceased operating from 30 June 2007.

Any major policy change in service delivery areas can be expected to generate increased complaints. Monitoring such complaints can provide valuable information on whether there are genuine problems that need to be addressed. Early intervention to address those problems can be important in safeguarding the interests of members of the public who are affected by the changes

‘Any major policy change in service delivery areas can be expected to generate increased complaints.’

Removal of remote area exemptions

People can be exempted from job search activity requirements for up to 13 weeks and sometimes longer, depending on their individual circumstances. Remote area exemptions have historically been granted for longer periods in areas where people have little or no access to a labour market or a labour market program. Remote area exemptions are being gradually removed across Australia over the next four years. Monitoring complaints in this area may also provide a window into potential difficulties resulting from this policy change.

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Ongoing issues

Last year we noted that the number of approaches about the General Employee Entitlements and Redundancy Scheme (GEERS) had declined markedly following the introduction of improved processes—most notably more detailed decision notification letters. The total number of approaches about GEERS has continued to decline significantly this year, both in terms of total numbers and as a percentage of approaches about DEWR. We closed 71 approaches regarding GEERS in 2006–07, compared to 121 in the previous year, and we investigated a smaller number (25 in 2006–07, 43 in 2005–06).

In last year’s annual report we indicated that we expected complaints about Trades Recognition Australia (TRA) to increase as TRA was preparing to process a larger number of applications to meet higher skilled migration targets. While applications to TRA increased from 20,000 in 2005–06 to 30,000 in 2006–07, the number of complaints to our office about TRA has not risen accordingly. We finalised twice as many approaches about TRA in 2006–07 (39) as in 2005–06 (20), but investigated a smaller number (9, compared to 16 in 2005–06).

Both of these examples reflect how complaint investigation, particularly in the early years of a program, can stimulate program changes that benefit members of the public. Early intervention of this kind is more likely to happen when there is a robust and constructive relationship between our office and the administrators of a scheme.