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Checklist of supporting documents for a work and development order application

Proof of mental illness

Where eligibility is claimed on the grounds of mental illness, the supporting organisation or health practitioner must keep a letter or other documentation from:

  • the applicant’s treating doctor, psychiatrist, registered psychologist or mental health nurse, or

  • a government agency or non-government organisation with professionals qualified to make mental health assessments, including, but not limited to: Juvenile Justice NSW, Corrective Services NSW, NSW Trustee and Guardian, and the Department of Family and Community Services, or

  • Centrelink, if the applicant is in receipt of a full or partial disability pension (such as a Job Capacity Assessment or other report).

The supporting documentation should be no older than six months from the date of the application, and should explain:

  • the diagnosis, including the nature, severity and effects of the illness/condition, and

  • how long the applicant has had the illness/condition.

The supporting organisation or health practitioner should also keep documentation that explains:

  1. how the applicant’s mental illness has contributed or is contributing to the inability to pay the fine, or

  2. why it is more appropriate for the applicant to undertake the proposed work or activities rather than pay the fine.

Note: For the purposes of Work and Development Order (WDO), applicants diagnosed with personality disorders should be included in this category.

Proof of intellectual disability or cognitive impairment

Where eligibility for a WDO is claimed on the grounds of intellectual disability or cognitive impairment, the supporting organisation must keep one of the following:

  • if the applicant is in receipt of a full or partial disability pension, a Job Capacity Assessment or other report from Centrelink describing the applicant’s disability or impairment, or

  • if the applicant has been declared eligible for the services of Ageing, Disability and Home Care (ADHC), proof of this declaration, or

  • a letter or other documentation from any of the following clearly describing the person’s disability or impairment:

    1. the applicant’s general practitioner

    2. the applicant’s school teacher or principal, or an officer in the Department of Education and Communities

    3. a government agency or non-government organisation with experience working with people with intellectual disabilities or cognitive impairments, including, but not limited to: Juvenile Justice NSW, Corrective Services NSW, NSW Trustee and Guardian, the Department of Family and Community Services, or a relevant legal service or a disability employment network provider.

The supporting organisation or health practitioner should also keep documentation that explains:

  1. how the applicant’s intellectual disability or cognitive impairment has contributed or is contributing to the person’s inability to pay the fine, or

  2. why it is more appropriate for the applicant to undertake the work or activities proposed rather than pay the fine.

Proof of homelessness

Where eligibility for a WDO is claimed on the grounds of homelessness, the supporting organisation must keep a letter or other documentation from:

  • the applicant’s lawyer, specialist service provider or case worker, or

  • a government agency or non-government organisation with experience working with people experiencing homelessness, including but not limited to: Juvenile Justice NSW, Corrective Services NSW, NSW Trustee and Guardian, the Department of Family and Community Services or youth services.

The supporting organisation or health practitioner should also keep documentation clearly explaining:

  1. the applicant’s current living arrangements (where possible)

  2. the type of homelessness the applicant is experiencing (with reference to the definition Guidelines 5.4)

  3. how long the applicant has been homeless.

Proof of acute economic hardship

Where eligibility is claimed on the grounds of acute economic hardship as defined in 5.5.1, the supporting organisation must keep documentary evidence, dated within four weeks from the date of the application, that the person is in receipt of a listed Centrelink or Department of Veteran Affairs benefit:

  • Newstart Allowance
  • Youth Allowance
  • Parenting payment
  • Disability Support Pension
  • Carer’s Payment
  • Sickness Allowance
  • Aged Pension; or
  • Department of Veterans Affairs benefits

Where eligibility is claimed on the grounds of acute economic hardship as defined in 5.5.2 (non-Centrelink recipients), the supporting organisation must keep documentary evidence of the person’s household income (if any) from within three months of the date of the application, such as payslips and bank statements.

Where eligibility is claimed on the grounds of acute economic hardship (as defined in 5.5.2), and the person claims to live in a household with dependents, the supporting organisation must also keep documentary evidence to include:

  • a copy of the person’s Medicare card, listing his or her child/ren, or

  • copies of the birth certificates of the person’s child/ren, Community Services documentation, or Centrelink documentation, or

  • documentary evidence of child support payments (a monthly statement from Child Support Agency will suffice).

Where a person is claiming acute economic hardship under section 5.5.3 (Exceptions), a full Statement of Financial Circumstances must be submitted to Revenue NSW (together with supporting documentation and details of any extenuating circumstances or hardship suffered by the person).

Proof of serious addiction to drugs, alcohol or volatile substances

Where eligibility is claimed on the grounds of a serious addiction to drugs, alcohol or volatile substances, the supporting organisation must keep a letter or other documentation from one of the following:

  • the applicant’s treating doctor, psychiatrist, registered psychologist, nurse working in the field of drug and alcohol addiction, or a social worker

  • drug and alcohol case worker or counsellor

  • youth service caseworker or counsellor

  • residential rehabilitation service provider, or

  • other government agency or non-government organisation with expertise in working with people with serious addictions to drugs, alcohol or volatile substances, including, but not limited to: Juvenile Justice NSW, Corrective Services NSW, NSW Trustee and Guardian, or the Department of Family and Community Services.

Supporting documentation should be no older than six months from the date of the application, and should explain;

  • the nature, severity and effects of the addiction, and

  • how long the applicant has had the addiction.

The supporting organisation should also keep documentation that explains:

  • how the applicant’s addiction has contributed, or is contributing to, the inability to pay the fine, or

  • why it is more appropriate for the applicant to undertake the proposed work or activities rather than pay the fine.

Last updated: 30 July 2017