Digital Protections Framework and Section 40Y Guidelines

Overview

The department welcomes interested parties to review draft instruments and explanatory statements for 2 proposed legislative instruments that will support the use of technological processes, and compliance with mutual obligations, in the employment services system.

The creation of both proposed instruments fulfils legislative requirements, with the aim for them to commence in 2027. 

Details of each proposed instrument are set out below.

1. The Digital Protections Framework (DPF)  

The Digital Protections Framework is required to be made under section 159A of Schedule 1 of the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022.

The making of this framework was also a key recommendation of the Commonwealth Ombudsman’s August 2025 report Automation in the Targeted Compliance Framework: when the law is changed but the system isn’t. The department accepted this recommendation, and delivering the framework remains a key priority as part of ongoing efforts to strengthen safeguards for jobseekers and support the modernisation of employment services administration.

Once implemented, it will apply to all Commonwealth employment services programs and will deal with natural justice, human rights protections, transparency and freedom from bias, privacy and accessibility of technological processes. A previous version was circulated for consultation in 2022.

The draft Explanatory Statement provides more detail to assist with understanding the proposed instrument, including its purpose, intended operation, and explanations of each clause in the draft instrument.

As set out in the Explanatory Statement, the draft Digital Protections Framework takes a principles-based approach and will be supported by a monitoring and reporting register which will be published and updated annually. The design of the register will also be informed by submissions to this consultation and will be developed in consultation with agencies who have responsibility for other Commonwealth employment services programs.

2. Section 40Y Guidelines 

Section 40Y of the Social Security (Administration) Act 1999 requires guidelines be made about:

• How a person satisfies the Secretary (or a delegate) of their willingness to actively seek, accept and undertake suitable paid work.

• The kind of information to be provided by the Secretary (or a delegate) to a person who has made a claim for a participation payment about entering into an employment pathway plan.

• The processes for entering into and reporting compliance with the requirements in such a plan, including any technological requirements.

• The circumstances where performing paid work may constitute a risk to health or safety, and how a person satisfies the Secretary (or a delegate) that particular paid work constitutes such a risk.

The draft instrument does not change existing requirements for participants under social security law but provides guidance about how those requirements are met.

Have your say

Employment services participants, providers, advocates and the broader community are encouraged to provide submissions via this website on either the proposed Digital Protections Framework, the proposed Section 40Y guidelines, or both.

To have your say:

• Read the draft instrument(s) and accompanying explanatory statement(s) on the sidebar.

• Submit your views via the link below. The link provides the ability to upload a written submission.

Submissions close at 11:59pm AEST on Monday 28 September 2026