Terms and Conditions - Skilled Migrant Job Connect Subsidy Program

The program responds to the outcomes of the Perth Skills Summit and Regional Skills Summits held around the State in 2021.

By applying for financial assistance provided through the SMJCSP, the claimant agrees to comply with the Terms and Conditions.  The Terms and Conditions, together with any other documents having contractual force, shall constitute and be known as “this Agreement”.  Please note that terms used in one document and defined in another shall have the meanings ascribed to them in that other document.

The Department of Training and Workforce Development ("the Department") administers the SMJCSP.

2.1    Eligibility criteria

Migrants eligible to access the SMJCSP are those who demonstrate and provide supporting evidence and documents against the following criteria:

• have registered and been approved or re-validated as a Job Connect claimant in the past six months;
• be onshore and residing in Western Australia;
• have arrived in Western Australia within the last 10 years;
• currently hold a valid visa with working rights;
• have either recently gained employment in Western Australia that requires one or more of the approved licensing, registration or working checks services, or is actively seeking employment in Western Australia that requires one or more of the approved licensing, registration or working checks services to obtain employment; and
• meet one of the following conditions:
• either (a) not working or (b )working in an occupation at a lower skill level than the occupation commensurate with their formal overseas qualifications, skills and experience; or
• required to undertake a skills assessment and/or meet occupational licencing and registration requirements to enable access to employment opportunities.

Migrants not eligible to access the SMJCSP are those who are:

• currently employed in an occupation commensurate with their formal overseas qualifications, skills and experience;
• currently employed in an occupation at a skill level equivalent or higher than the occupation commensurate with their formal overseas qualifications, skills and experience;
• upskilling; and/or
• receiving funding or financial assistance for the same purposes from another government program or entity.

2.2    Eligibility period

Eligibility to access the SMJCSP is valid for six months from the date approved as a Job Connect claimant.

To continue to access the program beyond six months, a migrant must be re-validated as a Job Connect claimant. 

2.3    Approved services

Approved services are defined as: 

• licensing, registration or working checks;
• skills assessments for employment purposes delivered by the relevant authorised service provider;
• skills assessments for migration and employment purposes for licensed trades only: (air-conditioning and refrigeration mechanic; Electrician (General), Electrician (special class) and Plumber (General); and
• migrant gap training for licensed trades only;
• fees for recognition of prior learning, where no formal Australian qualification has been previously obtained.

Skills assessments for migration purposes are not considered an approved service, unless they are for licenced trades as listed above. 

You can find a list Approved licensing, registration or working checks services and Skills Assessing Authorities(opens in a new tab) under the Eligibility requirements and approved services section. Note that additional services will be considered where it is demonstrated it is an occupational pre-requisite for employment in an occupation.

Services not approved for the SMJCSP are:

• renewal of licensing and registration for workers already working in an occupation commensurate with their formal overseas qualifications, skills and experience;
• upskilling or reskilling of existing workers to retain licensing and registration for existing work;
• services obtained through the Commonwealth Department of Employment and Workplace Relations Skills Assessment pilots; and/or services obtained where payment for the approved service was funded by an employer or other third party, which is not the approved Job Connect claimant.

2.4    Claim period

An approved Job Connect claimant can claim reimbursement once for each type of approved service in a 12 month period.

In instances where the approved service has an expiry date, and the claimant is yet to obtain employment in Western Australia in line with their qualifications, skills and experience gained overseas, a second claim for an approved service may be considered.

2.5    Eligible dates for approved services

Claims will not be accepted where an approved service was either fully or partially received/delivered prior to 1 January 2023.

2.6    Maximum claim

The maximum claim amount is $7,500 for any one approved Job Connect claimant for the duration of the program. 

In exceptional circumstances, claims that exceed $7,500 may be considered where the claimant demonstrates the service is required to gain employment in an occupation and the claimant has an employment contract for at least 12 months, subject to successful training, licencing or registration, in the relevant occupation. In such cases, claimants must submit a detailed justification request, which the Department will review and approve or decline based on the provided information. 

3.1    Application submission

To submit a claim eligible migrants must register and be approved as a Job Connect claimant and must apply for the SMJCSP using the online form available on the WA Migration website.

An approved registration does not guarantee a claim will be approved.

An approved Job Connect claimant will be permitted to lodge multiple claims for different approved services.

3.2    Documentation and verification

An application must be deemed ‘lodged’ for the assessment to commence.  Applications that are partially complete will not be deemed as ‘lodged’ and will not be assessed.

The migrant, in lodging an application, warrants and represents to the Department that all information and representations (in whatever form) given to the Department under, as part of or in connection to the SMJCSP or the application are true and correct, complete and up-to-date, and in no way misleading or deceptive.

Applications will be assessed in accordance with the Terms and Conditions. 

Further information and/or supporting evidence may be requested from the claimant to make a decision to approve or decline a claim. The onus is on the claimant to ensure a complete and accurate application with supporting documents is lodged.  The Department is not obligated to request further information. 

The Job Connect claimant must provide Australian bank details to allow for payment of an approved subsidy/ies being claimed.

Where a payment has been made to an ineligible recipient, the Department will require recovery of the monies.

Repayment will be required where:

• the approved Job Connect claimant makes a non-genuine claim;
• there is no lawful basis for, or entitlement to, the Subsidy Payment; or
• the approved Job Connect claimant has provided to the Department incorrect, misleading or deceptive information under or in connection with SMJCSP; or
• the approved Job Connect claimant has withheld relevant information from the Department; or
• the approved service was not provided; or
• the approved Job Connect claimant has breached this Agreement; or any legal or equitable rule or requirement; or
• where the payment was made to the Job Connect claimant ‘s bank account in error.

Where repayment is required, the Job Connect claimant agrees to promptly repay the Department any Subsidy Payment or other payment credited to the applicant or service provider within 30 days of the invoice date from the Department.

Definition and interpretation 
Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) ('GST Act') have the same meaning in this clause. 

6.1     No Taxable Supply

The parties acknowledge that in reliance on the principles set out in public ruling GSTR 2012/2 – Goods and services tax: financial assistance payments, they have formed the view that there is no taxable supply arising or resulting from the reimbursement payment [Funding Amount], nor is the [Funding Amount] consideration for a supply made by the claimant.

6.2    Reimbursement of Approved Services Expenditure

If the reimbursement payment is made in accordance with this agreement for approved services, the Department will reimburse the expenditure after it has been incurred by the claimant. When the expenditure is:
(1)    GST free, the Department will reimburse the GST exclusive amount.
(2)    Subject to GST, the Department will reimburse the GST inclusive amount.

The Department is not obliged to pay the migrant for any part of the approved expenditure incurred until a valid tax invoice and receipt has been provided to the Department.
 

7.1    Use of personal information

The Department may collect, make or record, or otherwise use personal information for the purposes of administering the SMJCSP.  Personal information may be disclosed to third parties for the purposes of administering and carrying out functions relating to the SMJCSP.

7.2    Disclosure of personal information

Personal information may be disclosed to and sought from third parties for the purposes of administering and carrying out functions relating to the SMJCSP.  Third parties include, but are not limited to Australian Government departments and agencies.

7.3    Management of personal information

Personal information collected under the management and administration of the SMJCSP will be managed in accordance with the State Records Act 2000 and the Freedom of Information Act 1992 (the FOI Act).

This legislation provides individuals with protections to prevent the misuse of personal information.  In addition, if an individual has a complaint about the storing or use of their personal information, they are able to contact the WA Information Commissioner.

Under the FOI Act, an Information Commissioner has been appointed to:

• deal with complaints about decisions made by government agencies; and
• investigate possible interference with personal information, either following a complaint by the individual or of the Commissioner’s own initiative.

Further information about the role of the Information Commissioner can be found at oic.wa.gov.au(opens in a new tab).

7.4    Consent to use personal information

By submitting an application for the SMJCSP, the claimant consents to the collection, use, and disclosure of their personal information as outlined in these Terms and Conditions.

8.1    Overview

The Department is committed to procedural fairness in the administration of the SMJCSP.  It is intended that all decisions are consistent, equitable and transparent within the limits and constraints of the SMJCSP.

In the interests of procedural fairness, a claimant has a right to request a review of a decision made by the Department.  This will usually be in relation to eligibility for a claim.

8.2    Process for review of decisions

The process for the review of decisions is as follows:

• A written request for a review should be made directly to the Department. You can find a 'Request a review form' under the Requesting a review tab on the WA Migration website(opens in a new tab). Email the completed form to jobconnect@dtwd.wa.gov.au.  The request should outline the reasons the claimant considers the decision to be incorrect or unfair;
• The review will be conducted by the Manager Migration Services, or another Officer independent of the original decision maker;
• Upon review, the Department will re-examine the original decision taking into account the intent of the program, the reasons that the claimant has put forward for review of the decision; and
• The Department will only review on a fully open and transparent basis.  Accordingly, all relevant information must promptly be forthcoming from the claimant

8.3    Notification of outcome

The Department will notify the claimant of the review decision, in writing, within 28 business days of the review being requested.

The review decision will be provided in writing and include a clear explanation of the reason(s) for the review decision.

The Department will consider declarations and supporting documentation in an endeavour to review a decision to ensure that the best possible outcome is achieved, balancing the rights of the claimant with prudent use of public monies.

When considering a request for review of the decision the following may be considered:

• Would the claimant be eligible for the payment if it were not for the exceptional circumstance(s)?  This determines the basic eligibility for the payment(s) in dispute.
• Is the exceptional circumstance(s) out of the control of the claimant?  If yes, then exceptional circumstances may apply.
• Could the claimant have reasonably been expected to do more at the time of claiming, to ensure that the claim was considered favourably? If not, then exceptional circumstances may apply.
• Did the Department provide appropriate advice, information and service to enable the claimant to lodge the claim within the appropriate timeframe?  If not, the exceptional circumstances may apply.
• Has the claim been disrupted by unexpected or unplanned events that have impacted on the ability to provide supporting evidence or take necessary actions within the required time limits?  If yes, the exceptional circumstances may apply.
• Exceptional circumstances are circumstances that are unusual, uncommon, unexpected or unplanned.

8.4    Time limit for review request

• A request for review of a decision must be made within 14 calendar days from the date the claimant receives written notification of the initial decision.

A continuing obligation throughout any period of participation in the SMJCSP is that each claimant hereby declares and warrants to the Department and the State, and all their respective offices, employees and agents, that they have read, understood and accept these Terms and Conditions and that they have been truthful, and forthcoming with all relevant information, in respect to their application/s to participate in the SMJCSP.

9.1   Liability limitation

To the maximum extent permitted by law, the Department, the State Government, and their respective officers, employees, and agents, disclaim any liability for any direct, indirect, incidental, or consequential damages or losses suffered by any applicant or third party in connection with the SMJCSP, whether based on warranty, contract, tort, (including negligence) or any other legal theory.

The Department reserves the right to:

• vary these Terms and Conditions, the eligibility criteria or any other documented rule or procedure at any time;
• accept or decline any application for participation in the SMJCSP in its absolute discretion; and
• cease the SMJCSP at any time should State Government policy change or the budget allocation for the SMJCSP be exhausted or re-prioritised.

The Department will however, honour arrangements for applicants/claims that have commenced prior to these changes coming into effect.

The SMJCSP as administered by the Department is subject to audit by the Western Australian Auditor General.  Claimants may be asked to provide information during the audit process.

In administering the SMJCSP, measures have been taken to minimise red tape and simplify the claim process.  This is balanced with the need to ensure SMJCSP payments are made correctly to eligible migrants.

The Department encourages claimants to participate in periodic surveys or other feedback mechanisms to assess the effectiveness of the program and inform future improvements.