236BSanction for first failure: community work experience: general

1. This section applies to a person (P) if—

2. P has a first failure; and
3. either—
   1. P is subject to active case management by MSD; or
   2. P has 1 or more dependent children; and
4. P’s first failure is not a failure to comply with a drug-testing obligation; and
5. P has—
   1. work-test obligations under either or both of sections 144 and 146; and
   2. no currently-in-force deferrals of, or exemptions from, those work-test obligations; and
6. P’s first failure does not involve either or both of the following:
   1. more than 1 failure of the same obligation:
   2. a failure of more than 1 obligation; and
7. MSD is satisfied—
   1. that it is appropriate in the circumstances to impose community work experience on P; and
   2. that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure.

8. If this section applies to P, MSD must, for the first failure of P, impose community work experience—

9. under section 232(2)(a) and this section; and
10. only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

11. If community work experience is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236D):

12. reduce the rate of P’s main benefit by half under section 236(2); or
13. impose a non-financial sanction other than community work experience.

14. While community work experience that is imposed on P has effect,—

15. P must, within the prescribed search period starting when the sanction takes effect under subsection (5)(a) (see regulations made under section 418(1)(ic)), and with the support from MSD (if any) that MSD considers it appropriate to provide to P for the purpose, find 1 or more positions—
    1. each of which is a position—
       1. with a community or voluntary sector organisation that MSD is satisfied is reasonably suitable; and
       2. that MSD is satisfied is reasonably suitable; and
    2. that alone is, or that together are, for at least the following (see regulations made under section 418(1)(id)):
       1. the prescribed minimum number of hours per week; and
       2. the prescribed minimum number of weeks that start as specified in paragraph (b)(ii); and
    3. that may be or include 1 or more positions that start in the prescribed search period, in which case the prescribed minimum number of weeks start at the earliest start of those 1 or more positions (see paragraph (b)(ii)); and
16. P must perform the duties of the 1 or more positions that comply with paragraph (a) for at least the following:
    1. the prescribed minimum number of hours per week; and
    2. the prescribed minimum number of weeks that start—
       1. immediately after the prescribed search period; or
       2. if paragraph (a)(iii) applies, at the earliest start in the prescribed search period of those 1 or more positions.

17. Community work experience that is imposed on P has effect—

18. from the date stated in the notice of non-financial sanction under section 252A(2)(c); and
19. until whichever occurs first of the following:
    1. P recomplies after the community work experience is imposed on P (see section 261B):
    2. the rate of P’s main benefit is reduced to zero under section 236C:
    3. a replacement sanction imposed under section 236D takes effect.

20. This section is subject to sections 236C, 236D, 243AAA, 243, 245 to 248, and 320 to 322.