All assessments for independent status on the basis that it is unreasonable for the student or Australian Apprentice to live at home must follow a number of mandatory procedures.
The mandatory procedures are as follows:
- personal contact with customers;
- contact with parents unless:
- the young person refuses permission; or
- if contact with the parent presents a severe risk to the young person or others such as siblings; or
- it has been verified that there has been no parental concern for at least the past 2 years;
- independent third party verification of the circumstances claimed (e.g. grandparents, school counsellors, religious leaders); AND
- privacy provisions governing the release of information about homeless customers where this is in the public interest.
There are additional mandatory procedures for students or Australian Apprentices under 18 years of age:
- referral under the Youth Protocol as set out in the Commonwealth/State/Territory Youth Protocol requirements; and
- referral to a Reconnect Service where available and appropriate; and
- intensive follow up of all UTLAH customers identified through the social work assessment as being at high risk.
All assessments of eligibility for independent status based on UTLAH provisions for students or Australian Apprentices aged less than 18 years will always be conducted by a Centrelink social worker. This assessment must include the following:
- referral for appropriate support, including to relevant government and community facilities;
- assessment of whether the young person can be regarded as independent under ABSTUDY Policy; AND
- ongoing social worker contact with severely disadvantaged or vulnerable people, especially those aged under 16 years.
Assessment of independent status based on UTLAH provisions for students or
Australian Apprentices aged 18 years or older will generally be conducted by a Centrelink social worker.
The Student Assistance Act 1973 allows for the release of student or Australian Apprentice information in certain circumstances. The most relevant of these to assessment of independent (UTLAH) status are that information may be released:
- if authorised by the student or Australian Apprentice (paragraph 355(1)(d); or
- in the public interest and certified by a delegate that the release is in accordance with Ministerial Guidelines (paragraph 355(1)(a); or
- where the Secretary has authorised the release to other Australian Government Departments for their administrative purposes (paragraph 355(1)(b)).