{"id":"F2025L01190","name":"Social Security (Administration) (Persistent Non-compliance) Determination 2025","slug":"social-security-administration-persistent-non-compliance-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107229,"registerId":"commonwealth-F2025L01190-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This determination is the Social Security (Administration) (Persistent Non-compliance) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this determination specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this determination

1 October 2025

\n```\n\n> Note: This table relates only to the provisions of this determination as originally made. It will not be amended to deal with any later amendments of this determination.\n\n (2) Any information in column 3 of the table is not part of this determination. Information may be inserted in this column, or information in it may be edited, in any published version of this determination.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This determination is made under subsection 42M(4) of the Social Security (Administration) Act 1999.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedule","content":"#### 4 Schedule\n\n Each determination that is specified in a Schedule to this determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this determination:\n\n> Act means the Social Security (Administration) Act 1999.\n\n> comprehensive compliance assessment has the meaning given by section 42NA of the Act.\n\n> failure means a failure to comply with an obligation in relation to a participation payment, and includes a no show no pay failure, a non-attendance failure, a connection failure and a reconnection failure.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters to be taken into account in determining persistent non‑compliance","content":"#### 6 Matters to be taken into account in determining persistent non‑compliance\n\n (1) For subsection 42M(4) of the Act, the following matters are matters that the Secretary must take into account in deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment.\n (a) the findings of the most recent comprehensive compliance assessment in respect of the person (current comprehensive compliance assessment);\n (b) whether, during the assessment period, the person has committed 3 or more failures (whether those failures are of the same kind or of different kinds). The assessment period is:\n (i) the period of 6 months before the start of the current comprehensive compliance assessment; or\n (ii) if the person has incurred a serious failure period in the period of 6 months before the start of the current comprehensive compliance assessment — the period from the end of that serious failure period until the start of the current comprehensive compliance assessment;\n (c) if the person committed 3 or more failures during the assessment period:\n (i) the number of failures; and\n (ii) whether or not the failures demonstrate a pattern of non-compliance or should be viewed as a single instance of non-compliance;\n\nExample\n\nA job seeker who incurred three no show no pay failures for missing three consecutive days of an activity several months ago but has fully met their requirements since then would not necessarily be considered to be persistently non‑compliant on the basis of those failures.\n\n (d) the extent to which the person has otherwise complied with his or her obligations in relation to a participation payment during the assessment period.\n\n> Note 1 The Secretary must not take into account failures that are outside the person’s control, and may only take into account failures that occurred intentionally, recklessly or negligently: subsection 42M (2) of the Act.\n\n (2) However, subsection (1) does not require the Secretary to take into account a matter if, in the particular case, the matter is not relevant to whether a person persistently failed to comply with his or her obligations in relation to a participation payment.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Transitional arrangements","content":"#### 7 Transitional arrangements\n\n This determination applies in relation to decisions made on or after 1 October 2025 whether relevant failures occurred before that date or not.\n\n \n\nSchedule 1—Repeals\n\nSocial Security (Administration) (Persistent Non-compliance) (Employment) Determination 2015 (No. 1)\n\n1 The whole of the determination\n\nRepeal the determination.","sortOrder":6}],"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":"The legislation maintains its original narrow purpose: specifying criteria for persistent non-compliance determinations. The repeal of the 2015 determination and replacement with this instrument represents a standard legislative refresh rather than scope expansion."},"complexity_factors":["Only 5 defined terms in the interpretation section","Single operative provision (section 6) with clear sub-paragraph structure","Straightforward cross-reference to parent Act (Social Security (Administration) Act 1999)","Simple transitional provision without conditional triggers","Contains helpful example illustrating application of the pattern test","Limited conditional logic (only one 'however' exception in subsection 6(2))"],"plain_english_summary":"This instrument tells Centrelink how to decide if a person on a participation payment (like JobSeeker) is “persistently non‑compliant”: staff must consider specified factors and whether there are 3+ failures within a 6‑month window (or since a serious penalty ended), looking for patterns and overall compliance. It affects recipients and decision‑makers, can lead to suspension/cancellation of payments, replaces the 2015 determination, applies from 1 Oct 2025, and excludes failures beyond the person’s control."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This determination repeals the 2015 Employment Determination and replaces it with focused criteria for assessing persistent non‑compliance. It narrows the decision framework to specified matters (latest comprehensive compliance assessment, a 3-failure threshold in a defined assessment period, pattern analysis, overall compliance, and exclusion of failures outside the person’s control) and applies to decisions on or after 1 October 2025, which may alter which past failures are treated as relevant for new decisions."},"complexity_factors":["Cross-reference to the Social Security (Administration) Act 1999 (authority under subsection 42M(4)) creates dependence on external statutory definitions and thresholds (section 3).","Defined terms that alter legal effect: 'failure' and 'comprehensive compliance assessment' (section 5) — users must map those to Act definitions.","Assessment-period rule with an exception for intervening 'serious failure period' introduces conditional temporal logic (section 6(1)(b)(i)-(ii)).","Numeric threshold test (3 or more failures) combined with qualitative review of pattern versus single instance increases mixed quantitative/qualitative analysis (section 6(1)(b),(c)).","Discretion retained for the Secretary to disregard irrelevant matters, and statutory limit excluding failures outside the person’s control or not intentional/reckless/negligent (section 6(2) and Note 1 referencing subsection 42M(2) of the Act).","Transitional and commencement rules determine retroactive application to earlier failures for decisions made after commencement (sections 2 and 7).","Repeal of the earlier 2015 Employment Determination replaces prior regulatory guidance and may require administrative changes (Schedule 1)."],"plain_english_summary":"This determination replaces a 2015 instrument and sets the rules the Secretary must use to decide when a social security recipient has persistently failed participation obligations. It takes effect for decisions made on or after 1 October 2025.\n\nThe Secretary must consider the person’s latest comprehensive compliance assessment, whether the person had three or more ‘‘failures’’ in a defined assessment period (generally six months, with an adjustment if a serious failure period intervened), the number and pattern of failures, overall compliance in the period, and exclude failures outside the person’s control."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025","history":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025/history","analysis":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025/analysis","conflicts":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025/conflicts","importantCases":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025/important-cases","documents":"/api/acts/social-security-administration-persistent-non-compliance-determination-2025/documents"}}