{"id":"F2018L00776","name":"Social Security (Administration) (Job Search Efforts) Determination 2018","slug":"social-security-administration-job-search-efforts-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97413,"registerId":"commonwealth-F2018L00776-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (Administration) (Job Search Efforts) Determination 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 42AC(3) of the Act.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Social Security (Administration) Act 1999.\n\n> contact includes:\n\n    (a) contact by telephone, in writing, or in person;\n    (b) submitting a written or online application;\n    (c) acting on a referral to a job; or\n    (d) attending an interview.\n\n> job search effort: a person undertakes a job search effort if the person makes contact with another person or a body in relation to, and for the purpose of, obtaining paid work with that other person or the body:\n\n    (a) whether or not the contact is in relation to particular paid work; and\n    (b) whether or not the other person or the body has advertised any paid work.\n\n> suitable: particular paid work is suitable to be done by a person if the paid work is not unsuitable to be done by the person.\n\n> Note: Section 40X of the Act sets out when particular paid work is unsuitable to be done by a person.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Working out whether a person has undertaken adequate job search efforts","content":"#### 5 Working out whether a person has undertaken adequate job search efforts\n\n  (1) For the purposes of subsection 42AC(2) of the Act, the question of whether, under paragraph 42AC(1)(e) of the Act, a person has undertaken adequate job search efforts in relation to a particular period, is to be worked out in accordance with this section.\n  Adequate quality of job search efforts\n  (2) To work out whether a person has undertaken adequate job search efforts in relation to a period, the Secretary must take into account whether the person has undertaken job search efforts:\n    (a) in relation to jobs at a variety of levels of seniority or remuneration that are suitable work for the person;\n    (b) in relation to jobs in a variety of fields and occupations, including fields and occupations other than those in which the person has qualifications or experience, if that work is suitable work for the person; and\n    (c) using a variety of methods to make contact with another person or a body in relation to, and for the purpose of, obtaining paid work with that other person or the body.\n\n> Note: The matters in subsection (2) are matters the Secretary must take into account when working out if a person has undertaken adequate job search efforts in a period. They are not criteria the person must meet in every period.\n\n  Adequate quantity of job search efforts\n  (3) To work out whether a person has undertaken adequate job search efforts in relation to a period, the Secretary must take into account the number of job search efforts the person has undertaken in that period, and whether those job search efforts meet the number of job search efforts specified in the person’s employment pathway plan.\n  (4) For the purposes of subsection (3), when the Secretary is calculating the number of job search efforts the person has undertaken in relation to a period:\n    (a) if a person contacts another person or body in relation to a particular job on more than one occasion during the period, only the first instance of making contact with the other person or body in relation to that job may be counted as a job search effort for that period;\n    (b) if a person contacts another person or body otherwise than in relation to a particular job on more than one occasion during the period, only the first instance of making contact with the other person or body otherwise than in relation to a particular job during the period may be counted as a job search effort for that period; and\n    (c) to avoid doubt, if a person contacts another person or body in relation to more than one particular job during the period, the first instance of making contact with the other person or body in relation to each particular job during the period may be counted as a separate job search effort for that period.\n  (5) To avoid doubt, subsections (1) through (4) do not limit the matters that the Secretary may take into account to work out whether a person has undertaken adequate job search efforts in relation to a period.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose of defining adequate job search efforts for social security purposes. It implements the specific power granted by subsection 42AC(3) of the Social Security (Administration) Act 1999 without expanding into unrelated areas."},"complexity_factors":["Short instrument: only 5 sections plus definitions","Minimal cross-referencing: only references to section 42AC and 40X of the parent Act","Simple conditional logic: primarily 'if/then' counting rules in subsection 5(4)","Only 4 defined terms, with straightforward definitions","Single purpose instrument: focused exclusively on job search adequacy criteria","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This law defines what counts as a genuine job search and how Centrelink must assess whether unemployed benefit recipients are making adequate efforts — both in the quality (varied pay, seniority, industries, and contact methods) and quantity (meeting numbers in their employment plan) of searches. It also sets a key counting rule about contacts.\n\nIt affects people on JobSeeker-type payments and Centrelink staff; failing the test can lead to payment reductions or suspensions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument operationalises how to 'work out' whether a person has undertaken adequate job search efforts under paragraph 42AC(1)(e) and subsection 42AC(2) of the Act (authority stated in s3 and the working‑out function in s5). It sets definitions, qualitative factors and counting rules but does not, on its face, expand or narrow the statutory obligation itself; rather it provides procedures and factors for the Secretary to apply (s5, s4)."},"complexity_factors":["Discretionary assessment by the Secretary: multiple mandatory matters to 'take into account' but no rigid pass/fail test, creating interpretive discretion (s5(2), s5(3), s5(5)).","Definitions that broaden scope of what counts as contact or effort (telephone/written/in person/applications/referrals/interviews), requiring factual judgment about purpose and suitability (s4).","Interaction between qualitative expectations (variety of seniority, fields, methods) and quantitative counting rules tied to an individual’s employment pathway plan creates case‑by‑case complexity (s5(2), s5(3)).","Counting rules for repeated contacts and multiple jobs include exceptions and cross‑counting principles that require record review (s5(4)(a)–(c)).","Reference to external statutory concepts (suitability and section 40X of the Act) means assessors must apply other provisions not reproduced here (s4 definition note).","The instrument explicitly preserves other matters the Secretary may consider, leaving scope for additional factors beyond the listed ones (s5(5))."],"plain_english_summary":"This instrument explains how the Secretary will decide whether a jobseeker has made “adequate” job search efforts for social security purposes. It defines key terms (like “contact” and “job search effort”) and sets qualitative and quantitative factors—variety of jobs/fields/methods and counting rules tied to the person’s employment pathway plan—that the Secretary must take into account.\n\nIt affects people subject to job‑search obligations and departmental decision‑makers. It matters because it determines compliance outcomes, shapes search behaviour and record‑keeping burdens, and preserves assessment discretion for the Secretary."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-job-search-efforts-determination-2018","history":"/api/acts/social-security-administration-job-search-efforts-determination-2018/history","analysis":"/api/acts/social-security-administration-job-search-efforts-determination-2018/analysis","conflicts":"/api/acts/social-security-administration-job-search-efforts-determination-2018/conflicts","importantCases":"/api/acts/social-security-administration-job-search-efforts-determination-2018/important-cases","documents":"/api/acts/social-security-administration-job-search-efforts-determination-2018/documents"}}