Your Right to Change Employment Service Providers

Changing Employment Service Providers is a very important right of unemployed workers. If your employment service provider refuses to fulfill their obligations towards you, requesting a transfer to another provider can be an effective way to ensure you receive the appropriate treatment.

If you believe you have a valid reason to transfer, the AUWU recommend you request a transfer by calling the the Department of Employment Customer Service Line on 1800 805 260 (free call from landlines).

Alternatively, you can download a transfer by agreement form here. You will have to sign and submit this form (either physically or via email) to both your current job agency, and the job agency you want to transfer to.

Before you try and organise your transfer, click here to search for job agencies in your area to find one close to you.

According to the law, you can transfer in the following five circumstances:

1.5   Changing Providers Due to Change of Address

If you change address you and you become closer to another provider, you are within your rights to request a transfer:

A Stream Participant [Newstart recipient] may, at any time be transferred from the provider to another Employment Provider:

  1. by DHS or the Department, where the Stream Participant moves to a new location that is not within a reasonable distance of a Site of the Provider

                                                                                                                                                       Jobactive Deed 2015-2020, Section 81.1

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.

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

Transfers Guideline, p. 2

1.5.1   Changing Providers by Agreement

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

A request for a transfer by agreement must be completed by both the current and proposed Employment Providers and the Stream Participant.

There are two options for lodgement:

  1. Lodgement on the Australian JobSearch website
  • A request for a transfer by agreement can be lodged electronically via the Australian JobSearch website [call the JobSearch website on 13 62 68 for advise]
  • 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.

  1. 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 theTransfer 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.

  Transfers Guideline, p. 2-3

1.5.2   Changing Providers Due to Relationship Failure

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

 

  1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
  2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department

 Jobactive Deed 2015-2020, 81.1 (b)

 

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 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.

Transfers Guideline, p. 4

 

1.5.3   Changing Providers for Better Servicing

 

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

 

  1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
  2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department

Jobactive Deed 2015-2020, 81.1 (b)

 

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.

Transfers Guideline, p.4 

1.5.4   Changing Providers Due to ‘Maximum Time with Provider’ Policy

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where:

 

  1. a Stream A Participant’s Period of Registration exceeds 24 months; or
  2. a Stream B Participant or Stream C Participant’s of Registration exceeds 36 months; and
  • they remain unemployed

unless:

  1. the Stream Participant achieves an Employment Outcome, in which case the time under clause 81.1(d) (i) and (ii) runs from the date of the achievement of the Outcome; or
  2. there is no available Employment Provider in the relevant Employment Region for the Stream Participant to transfer to.

Jobactive Deed 2015-2020, 81.1 (d)

Additionally, please note that:

  • 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.

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 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.

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.

Transfers Guideline, p.5

133 comments

  1. I’m so fed up with job providers, I’ve changed 3 times and I’m still getting the same treatment.

    I have severe chronic pain and c-ptsd, I get highly anxious around people so I can’t work in customer service, and because of the pain I can only do limited physical work.
    Do you think they care though? Not in the slightest. They keep pushing me in the first job they can get me in to regardless of if it’s too much for me, and when I tell them I can’t do it, they begin threatening me; saying they will take 10% off my income for not co-operating, or that I’ll lose my DSP completely for failing to obtain work.
    So usually I end being forced in to a job I can’t do, and what do you know, I end up falling behind within a few weeks after starting. Then either my boss/managers start getting angry at me for not keeping up, or I end up in hospital from poor mental and physical health.

    The thing is too is that I want to work, I do. But they refuse to take the time to find me a job I’m capable of. If I could find something that suites me I’d be happy to stay in the job for the long haul, I would be so much better then jumping from job to job because I can’t cope.

    This year I asked if I could start a course so I could at least have some qualifications on my side and get in to a line of work I know I’m capable of. But they refused to sign me up insisting that “a small job would be better.”
    Now once again, I’m being pushed in to a job I cannot do, my mental health is as low as ever, and I just don’t know how I’m going to cope. I wish i could stand up to them and say what they are doing isn’t okay, but then they threaten to take my DSP off me and I am not in a position that I can live without it. Without the DSP, I won’t be able to pay rent. Ans since I have no one else I can live with if I lose my income, I’d end up homeless.
    So they might as well be saying “do this job you’re not capable of, or go homeless.” It’s driving me over the edge. I don’t know how much longer I can handle this. I just feel like I’m being punished for being sick, and that they see me as less then dirt.

    1. You are not alone and as usual gone to the deaf ears.

      My wife stressed out, because she has been harassed and intimidated in front of other Agency members. She has B.A. In computer science and can’t get a job. Currently she is working as a domestic cleaner, reporting her income but still being told that she is frauding the system because she is not submitting 20 jobs per month. Her native language is Thai can speak english no problem and her BA Computer Science has been recognised in Australia,

      Agencies need to be more educated and be more caring. Yes they do treat their clients as dirt. Shame on us as a country that we have system like this to push people over the edge. I work in my ownbusiness and don’t know how to handle this.

    2. I’m in very much the same boat, except I was rejected for DSP and haven’t felt well enough to put myself through that process again since, so I’m in a weird limbo where I have a disability support worker and pension card, but am still expected to find a job of 15 hours a week minimum. I have Fibromyalgia, BPD, and a whole host of other conditions that I consider secondary but are debilitating in their own ways. My “support” worker said that because I don’t have something visible like mental retardation that I basically will never get DSP or any help from anybody. That set the tone for our relationship because she’s stuck to that attitude even when I’ve argued with her and thought I’d finally made her listen to my needs, but no, she continues not to even perform the basic functions of her job and to just increase my stress levels by harassing me even though I’m already doing what I have to be plus more. But apparently trying to manage with pain management, DBT etc isn’t good enough because it takes time and isn’t a magical pharmaceutical cure (I’m already medicated, as well). After her latest threats because of their constant changing of appointments and unprofessionalism making it impossible to keep up with, I really feel hopeless again and it’s enough of a problem to keep your head above water with those thoughts and feelings with the conditions I have, but when the people who’re meant to be helping you are creating those anxieties it’s very easy to fall back into thinking “WTF is the point in living this horrible shit of an excuse for life where I’ll never get ahead and always suffer and struggle just to be”.

  2. Com,on You ppl, wake up, im an injured person to, and ive been through all the treatment yous are complaining about, and i agree, there so rude and disrespectfull, but i got to say, wake up, the way the job service providers are, is because thay are designed to be exactly the way thay are, the way thay are, is not personal, thay are trained to be exactly the way thay are, and its not realy the ppl that work at the job providers, its the policies they must follow, you see the longer your unemployed, the stronger the polices is implomented, its not the job services providers, meaning the person your dealing withs fault, its the policies, thay must follow, and if thay dont follow the policies, thayll be unemployed to, so there is the motivetion of why there the way thay are, the ONLY answer to this problem, is the next ELECTION, and VOTE that LIBERAL PART OUT, and thay will be gone at he next election i believe till then, its how it is, and nothing you can do, But YOU can do something on election day, DO IT, thats the time, YOU HAVE POWER, just dont be lazy, thats what thay relye on,

  3. I am sick of job providers just because I put my dog which is a legal obligation to look after comes first instead of a job now that’s heartless and in the same week he died I feel so sick being around these people that don’t understand that people’s priorities are different and I’m old school family comes first and a pet is part of that family. It was hard to sit there and not argue and “play the stupid game” just to get paid and what is worse they want me to work full-time as well as study the government should start to back off.

  4. These Clowns are Bullshit, my current provider is trying to send me to a job thats 2.5 hours aways from me. when i said i would be unable to maintain that length of travel she got aggressive with me and threatened to report me cutting off my payment.

    what a bunch of clowns,

    the whole system is screwed, just trying to stay afloat is the most anyone can do

  5. so i haven’t heard from my job provider in 3 months, that’s since i joined up with them. they have not contacted me at any time at all and i could have done away with them because i missed a report and centrelink took me off their system, but me being the honest person i booked another date to interview.

  6. @ “Use Your Brain”
    I did vote to get rid of Liberal. Unfortunately, as always, minorities lost and they got in anyway. So what else can we do? The whole system is a mess.
    The government don’t care about us. To them all we are is a scapegoat. If the country has problems, they blame it on the unemployed, disabled and other minorities. If the country has money problems, they tax the poor. We’re expendable in the governments eyes. They don’t care what happens to us.
    As for what to do, there’s nothing we can do. There’s a reason why we’re targeted for bullying like this, because if we fight back we lose everything and they know it. So all we can really do is vent out how crap it is and keep surviving. Hope that we can still have an income and a roof over our heads at the end of each week despite how unreachable the expectations that are put on us are.
    I know Australia is a lucky country, but when you’ve spent your life on the bottom of the social hierarchy, it doesn’t really feel like it.

    1. Hi Anon, i read your post, yes you did vote for the liberals to get kicked out, and so did alot of other
      australians, and thay only got back in by the skin of there teeth, and the only reason that happen, was
      because the liberals had such a large majority of the votes when labor was booted out, the last election the the liberals were very lucky, the amount ppl that went against the liberals on the last election was huge, that says something, the ppl dont like the liberals and there polacies, lots of ppl asking to pay money back
      that there defective computer programs, sending out letters claiming ppl own money, with no real right to
      defend your self due to many different reason, the only power you have, AND NEVER GIVE IT UP. IS THE VOTE, thats when the poor can talk, its the only power the ppl realy have over the goverment, next election vote again, vote them out there will be more ppl doing the same.

  7. I attempted to contact my service provider multiple times to let them know I would be unable to attend my last appointment. I called twice and when noone answered, I was prompted to record a message and press the pound key to save it. I havent seen a pound key on a phone in like 15 years so I had no idea which key that is. I then googled them and emailed the address listed on their website. The email was returned to me by their mail server stating that I am not on their authorised senders list. Neither my provider nor centerlink attempted to contact me to ensure no reasonable excuse for missing the appointment existed. I have recieved no calls, SMS, emails, postal mail or my.gov messages in the last month from centerlink or my provider and now I have been on hold with the participation team for 2 hours because after reporting today the centerlink website is telling me I wont be paid tomorrow.

    This website is a godsend. I otherwise would not have known centerlink and my job provider have both failed to meet their obligations to me.

  8. I am Stream A and more than capable of getting a job for myself and I am fulfilling my obligations, getting interviews etc. My issue is I booked an overseas trip (for more than a month) a year ago whilst working and now that is approaching and although I am getting interviews etc as soon as they ask if you are going away I think I am not being offered longer term jobs, so I have had mostly short term contract work. My JNP (Job Network Provider) is insisting on having fortnightly meetings to discuss my progress. I queried why he wanted to meet with me every fortnight which I believe is more their obligations (I believe once a month is all they need). Even by their words is that I am having a good hit rate from applications. Currently I have two casual positions and still applying for other jobs and getting interviews and doing online tests but he is still insisting on meeting with me every fortnight and its making it hard to fit that in around applying for my 20 odd jobs a month, work, interviews, online testing, online inductions for the new jobs. I made a comment about doing a occupational course and he nearly lost his s**t, telling me “I can’t do that.” I called centrelink and dept of employment and found out (not surprisingly) he wasn’t quite 100% correct in what he had said. Anyway this JNP has not done anything for me bar meet with for 5-10 mins a fortnight to discuss my activity offering nothing in return. They have never let me know of any jobs going etc. Furthermore, when I queried about that he doesn’t need to meet with so often his response was ‘that is what successful consultants do”.. What?? I am not there to make YOU look good!! Now I have a form to fill in for my newest employment and they are asking for my pay rate. Even Centrelink doesn’t ask for that! It’s confidential! They reakon it is so they can match what income I report. That is what the tax dept and centrelink do now isn’t it? It has nothing to do with my JNP. Please correct me if I am wrong in my thinking.

    1. Pretty much if you are collecting any income support payment you can guarantee that the Dept of Employment (Jobactive Provider) will be pushing you into a job…. They dont care what you report to Centrelink, they are to verify and monitor your employment (hence the Dept of Employment). Remember you are a volunteer there, as you have voluntary gone on income support payments – no one held a gun to your head and made you go on income support payments, if you dont like it then get off it….

  9. BAN JOB AGENCIES ALTOGETHER. !!!
    it’s no use going for a job in this day and age, most of the Hob Provider vultures grab jobs and scramble to stay afloat by the statistics they get on how many placements they have created putting people into work, thing is….sending a job seeker to North Sydney Job agency that they get you to sign up and fill in more crap just for a Job in Sydney’s West is utter stupidity,

    KEEP JOBS LOCAL !!!…..AND GET RID OF JOB PROVIDER AGENCIES

    BRING BACK THE OLD “C.E.S SYSTEM” !!!! where you find a job card, take it to the counter and the clerk organizes your suitable for the job, organizes an interview and introduction and your on your way,
    Screws this JOB AGENCY SCREENING SIGN UP CRAP MILES FROM ANYWHERE !!!

    It’s all statistics and money funding, they have control of Employers details and secrecy and no job seeker can bypass this control over us and apply in person….it’s all Bullshit !

  10. Iam over it. About to give up. Job provider Sarina Russo cannot help me. Why would any other provider be any different?

  11. My service provider (Sarina Russo) has only sent me for one job interview in the past year – a job I was totally unsuited for because I have the physical prowess of a European fashion model and am not capable of shifting 20 kilo bags of dog food around. They also told me to remove all of the academic qualifications from my resume which in turn meant removing all the jobs I’d done which required university degrees leaving only a list of administrative temp jobs i’d taken on between professional jobs.. Why is there no service provider that specialises in dealing with people who have university qualifications? I went with Russo because I was told that they were better at dealing with people like me but they’ve treated me like rubbish.

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