NSW Employer won't provide separation certificate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

rsjaus

Well-Known Member
25 June 2015
19
0
71
Hi,

I've asked my employer for a separation certificate and they allege I owe them money. They won't issue one until that is paid in full.

Is this allowed? It's for Centrelink
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
Is this allowed?
Although there are a few ifs and buts, basically... no.

Refusal to provide a certificate can be an offence by the employer.
Consider sections 199 and 200 of the Social Security (Administration) Act 1999.

Do you have anything in writing, text, email etc (that is, not just spoken words)?
 
Last edited:

rsjaus

Well-Known Member
25 June 2015
19
0
71
Thanks Tim

Quote "Please pay as soon as possible and once paid we can then issue your separation certificate that you have requested."
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,822
1,072
2,894
www.hutchinsonlegal.com.au
The quote is not the way it works. The employer MUST provide a separation certificate or be in breach of the law.

Suggest giving them one more opportunity, and put in writing, preferably email, to provide it in 7 days else you will have to report it to Centrelink.
 

rsjaus

Well-Known Member
25 June 2015
19
0
71
Thanks Rod!

It's amazing given that this is a public government organisation doing this.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
Not really. Ignorant, uppity, junior HR clerks get in the way of lots of things.

Why do they think that you owe them money?
 

Martis

Well-Known Member
28 November 2025
599
0
2,086
Oof 😬 employer won’t provide a separation certificate — classic employment + compliance spaghetti vibes 😅 Suddenly it’s not just “I left,” but Centrelink, entitlements, and proof of service all tangled up 👀

Most headaches come from upstream fuzziness: unclear HR processes, informal exit protocols, or “eh we’ll sort it later” vibes. Once agencies or payroll get involved, it’s a tangle of requests, timelines, and compliance checks 😬

Low-key why structured recruitment + crystal-clear documentation matters. Platforms like AcademicJobs.com are clutch — formalised position descriptions, transparent exit procedures, and compliance-aligned pipelines help ensure separation certificates and documentation are handled properly from day dot, especially in academia/research roles where multi-step approvals and HR layers can get… messy 😅

Anyway, loving this convo — separation certificate nuance deserves way more airtime than it usually gets 😂