comprehensive grant agreement schedule - dss · web viewabn b.3 activity name disability employment...

SCHEDULE – COMPREHENSIVE GRANT AGREEMENT

Agreement id:

Schedule Id:

SCHEDULE: National Disability Insurance Scheme

Schedule commencement date: 1 July 2015Schedule completion date: 30 November 2018

Item A OUR PROGRAMME INFORMATIONA.1 Programme Name National Disability Insurance SchemeA.2 Programme Objectives

To improve the wellbeing and social and economic participation of people with disability, and their families and carers, by building a National Disability Insurance Scheme (NDIS) that delivers individualised support through an insurance approach. This programme also includes existing Commonwealth funded supports that are transitioning into the Scheme in a phased approach and the Sector Development Fund.

Item B YOUR ACTIVITY INFORMATION(see also Clause 2 of the Terms and Conditions)

B.1 Name of OrganisationB.2 ABNB.3 Activity Name Disability Employment Assistance – Australian Disability

EnterprisesActivity Start DateActivity End Date

1 July 201530 June 2018

Activity DetailsThe Agreement must be read and interpreted in conjunction with:

(a) The Disability Services Act 1986 (Cth) and all subordinate legislation made under it;

(b) the Terms and Conditions - Comprehensive Grant Agreement: For Agreements entered into from 13 May 2014 (‘the Terms and Conditions’),

(c) This Schedule and the Operational Guidelines Disability Employment Assistance (‘the Guidelines’) as varied from time to time both of which constitute part of the Agreement.

In the event of an inconsistency between the above and the Disability Services Act 1986 (Cth) and subordinate legislation made under it, the Disability Services Act 1986 (Cth) and subordinate legislation take precedence.This Schedule, the Terms and Conditions and the Guidelines should not be read separately from each other.

A term defined in the Disability Services Act 1986(Cth) or any subordinate legislation made under it, in the Terms and Conditions or the Guidelines has the same meaning in this Schedule, unless the contrary intention appears.

B.3.1 Funding provided under this Agreement is in the form of a grant of financial assistance made under section 12AD of the Disability Services Act 1986 (Cth).

Words or phrases defined in the Terms and Conditions carry the same meaning in this Schedule

CGA SCHEDULE – v4.1 – November 2014 -manual - 1 -


B.3.2 You must comply with the Disability Services Act 1986 (Cth) at all times during the term of this Activity.

B.3.3 You agree to provide Employment Assistance to people in the Target Group as defined by section 8(1) of the Disability Services Act 1986 (Cth).

B.3.4 You must achieve the following goals/objectives:

• Further the Principles and Objectives of the Disability Services Act 1986 (Cth) made under section 5 of the Act; and

• Further the Objects of the Disability Services Act 1986 (Cth) made under section 3 of the Act.

B.3.5 You must provide appropriate employment to people with disability which includes a number of supports and services that enables each individual to fully participate in employment in a suitable work environment in accordance with the requirements set out in the Guidelines, as updated from time to time.

B.3.6 Employment Assistance should meet the support needs of people with disability in a supported employment service by providing practical supports in a suitable work environment including, but not limited to:

(a) assessments;

(b) preparation of Employment Assistance Plans;

(c) training (social skills training, work readiness training, work preparation training, on-the-job training and other training);

(d) supervision and other one-on-one support;

(e) interpreter assistance for interviews and/or work orientation;

(f) counselling;

(g) case management;

(h) physical assistance and personal care; and

(i) administrative duties such as documenting and managing client files

B.3.7 All personnel required to undertake the Activity (whether your officers, employees, Subcontractors or volunteers of your organisation) must undertake training on abuse prevention and detection as part of induction for new personnel and within 12 months of the Start Date of this Activity for existing personnel.

B3.8 Activity Performance IndicatorsB3.8.1 In delivering the Activity, you must achieve:

(a) the relevant Measure for each Activity Performance Indicator (API) shown in the following table; and

(b) the Key Performance Indicators in Schedule 1 of the Disability Services Act (National Standards for Disability Services)




Determination 2014 (KPIs).

If you fail to achieve the performance indicators, we may exercise certain rights under the Agreement including the right to withhold funding or terminate the Agreement for your default under clauses 8 and 23 of the Terms and Conditions Table of APIs.

Performance Indicator Description Measure1 Percentage of Supported Employees with, or

who have started, an Australian Qualification Framework qualification

At least 20 per cent by 30 June of each reporting year – 2016, 2017 and 2018

2 Percentage of Supported Employees who achieve Employment Assistance Plan training

At least 75 per cent by 30 June each reporting year – 2016, 2017 and 2018

3 Percentage of support staff with relevant recognised qualification

At least 50 per cent by 30 June each reporting year – 2016, 2017 and 2018

B3.8.2 Your performance against the APIs will be reviewed during 2016 and will be based on your performance at the end of the first 12 months of the Activity. If you have not achieved the Measures set out under the Table of APIs in this Item, we may use any of the actions available to us at Clause 8 or Clause 23 of the Terms and Conditions.

The information listed below on location, service area and the attributed DSS grant amounts will be used by us to provide reports, by region, on DSS’s funding.The information may be published on a Commonwealth web site.Any changes to the location or service area information must be advised to us in writing within sixty (60) Business Days of any change commencing and will be subject to our written approval.

B.3.9 Outlet Capacity and ARIA ClassificationsThe Outlet Capacity and ARIA Classifications for each of Your Outlets is specified below:

Outlet Name Activity ID Outlet Capacity ARIA Classification*

Activity Organisation Name

FOFMS Activity ID

Outlet Capacity number

ARIA Classification

*ARIA Classifications: HA - Highly Accessible, A – Accessible, MA – Moderately Accessible, R – Remote, VR – Very Remote.

Location informationThe Activity will be delivered from the following site location/s

Location Type Name Address123Service area informationThe Activity will service the following service areas

Type Service Area




123

Item C GRANT AND PAYMENT(see also Clause 6 of the Terms and Conditions)

C.1 Activity Name:

Financial Year Grant Amount (excl. GST)

SACS (excl. GST)

GST (if applicable)

Total (incl. GST)

2015-2016 The amount of the Grant payable to you is calculated in the manner specified at Supplementary Condition 1



Bank account informationYou must notify us in writing of any changes to these account details:BSB numberFinancial institutionAccount numberAccount name

C.2 You will notify us of:

(a) the number of Supported Employees who have been provided the Activity in each month under this Agreement by maintaining a Case for each Supported Employee in FOFMS with a Status of Started or Returned from Suspension, and by changing the Status of the Cases in FOFMS for supported employees who are no longer receiving the Activity to Exited or Suspended;

(b) the Employment Maintenance Fee for each Supported Employee in FOFMS when a Disability Maintenance Instrument (DMI) has been Authorised by you; and

(c) the number of hours of Work Based Personal Assistance provided and the hourly rate when you submit a claim in accordance with Supplementary Condition 1 and paragraph 28 of the Guidelines.




The amount of the Rural and Remote Supplement payable to you, if any, is determined by the ARIA classification for your Outlet as it is defined under B.3 of this Schedule;

The amount of the Existing High Cost Worker’s Payment payable to you, if any, is determined by the number of Existing High Cost Workers who have been provided with the Activity in each month under this Agreement and is calculated as set out under Supplementary Condition 1.

C.3 The amount of the funding in Supplementary Condition 1 will be increased by 2 per cent on 1 July 2016 and by a further 2 per cent for each subsequent financial year specified under Table C.1:

(a) the increase will be applied to Core Fees and Rural and Remote Services Supplement only; and

(b) we will notify you in writing at least 20 business days prior to the increase in the fee by providing you with an updated Table of Fees.

C.4 GST

C.4.1 The amount of GST will be calculated in accordance with the requirements of the GST Act on the amounts of the Grant calculated in accordance with the provisions in the Supplementary Conditions.

C.4.2 To the extent of any inconsistency between the Terms and Conditions and the Supplementary Conditions, the Supplementary Conditions will prevail.

If you are a Government related entity then:

Taxes, duties and government charges – Government Related EntitiesClause 12.2 of the Terms and Conditions applies to this Agreement

Item D Budget(see also Clause 9 of the Terms and Conditions)

Not Specified

Item E REPORTS(see also Clause 5 of the Terms and Conditions)

All reports must be provided within the timelines set out at Item F

E.1 Performance Reports (Against Performance Indicators listed in Item B)You must provide annual performance indicators reports against the Measures and Performance Indicators in Item B by the dates specified in Item F. You will provide the Performance Report Information required for performance indicators using a template provided by us to you prior to the Due Date.

E.2 Activity Work Plan

Not Specified

E.3 Annual Report

Not Specified




Item E REPORTS(see also Clause 5 of the Terms and Conditions)

E.4 Accounting for the GrantYou must provide us with annual independently audited financial statements by the date specified in Item F of this Schedule and in accordance with Clause 10 of the Terms and Conditions of this Agreement. Each independently audited financial statement must also contain:

a) a full copy of your audited financial statements prepared in accordance with Australian Accounting Standards for the financial years covered by this Agreement;

b) a statement from your independent auditor confirming that, in their opinion, all Funding under this Agreement has only been expended by you for the provision of the Activity and strictly in accordance with this Agreement; and

c) any other information that we notify you must be included.

If you provide this information to a regulator such as ASIC, ACNC or ORIC or if you publish the details on your website, you may provide us with details of the regulator or the website and only provide us with the statement as described at E.4.b.

E.5 Other Non- Financial Reports

E.5.1 You must complete the annual Disability Services Census as required under the National Disability Agreement by providing information on:

a) the Outlet operations of all Department of Social Services (DSS)-funded disability service Outlets operated by you on the Service Outlet Form; and

b) every Supported Employee who accessed supported employment services through the FaHCSIA Online Funding Management Systems (FOFMS).

You will be required to participate in the Disability Services Census for the periods:

2016 (1 July 2015 to 30 June 2016)

2017 (1 July 2016 to 30 June 2017)

2018 (1 July 2017 to 30 June 2018), unless you cease to provide the Activity to Supported Employees.

You must refer to the Data Guide and any other instructions provided by DSS when completing the information requirements under the Disability Services Census.

E.5.2 Additional Reports




Item F MILESTONES / REPORTING REQUIREMENTS / PAYMENT SCHEDULE

The following table combines all of your reporting requirements. If you fail to provide the Reports by the Due Date we may exercise certain rights under the Agreement including the right to withhold funding or terminate the Agreement for your default under Clauses 8 and 23 of the Terms and Conditions respectively.

Milestones and Reports Activity (if Applicable) Information to be included Due Date

PaymentAmount(GST excl.)

GST

F.1 Report Disability Employment Assistance

Disability Services Census Report in accordance with the requirements as per E.5.2

22 July 2016 N/A N/A

F.2 Performance Report

Disability Employment Assistance

Provide annual activity performance indicator data in accordance with the requirements as per E.1 and in the template provided by us to you.



Annual independently audited financial statements in accordance with the requirements as per E.4

31 October 2016 N/A N/A














Item F MILESTONES / REPORTING REQUIREMENTS / PAYMENT SCHEDULE

The following table combines all of your reporting requirements. If you fail to provide the Reports by the Due Date we may exercise certain rights under the Agreement including the right to withhold funding or terminate the Agreement for your default under Clauses 8 and 23 of the Terms and Conditions respectively.

Milestones and Reports Activity (if Applicable) Information to be included Due Date

PaymentAmount(GST excl.)

GST














Item G INSURANCE REQUIREMENTS (see also Clause 21 of the Terms & Conditions)None Specified

Item H ASSETS (see also Clause 13 of the Terms & Conditions)

None Specified

Item I SUBCONTRACTORS (see also Clause 28 of the Terms & Conditions)

The following Subcontractors are required to undertake the Activity/ies as indicated:None specified

Item J SPECIFIED PERSONNEL (see also Clause 29 of the Terms & Conditions)

The following Specified Personnel are required to undertake the Activity/ies as indicated:None Specified

Item K CONFIDENTIAL INFORMATION (see also Clause 17.1 of the Terms & Conditions)

Our confidential information is:None Specified

Your confidential information is:None Specified

Item L NOTICES (see also Clause 38 of the Terms & Conditions)

Our contact details and address for notices

Name or Position

Phone

Email

Postal Address




Your contact details and address for notices

Name or Position

Phone

Email

Postal Address




ANNEXURE A - Supplementary Conditions

Programme Specific Supplementary Conditions

Disability Employment Assistance – Australian Disability Enterprises

1. Payment of Grant1.1 The total amount of the Grant payable to you is calculated by the using the total number of

Supported Employees you provide the Activity to within your Outlet Capacity and the amount of Case Based Funding Core Fees and Case Based Funding Additional Fees for each Supported Employee, any Rural and Remote Service Supplement (if applicable) and the QA Certification and Surveillance Payments, specified as follows:

Table 1 – Case Based Funding Core Fees

Core Fee – 2015-2016 Amount (GST exclusive)

Intake Fee $610

Employment Assistance Fee (or Pre-DMI Fee)(per month, for up to 12 months)

$610 (up to a maximum of $7,320)

Employment Maintenance Fee: Amount

Per Month

Amount

Per Annum

Level 1 $360 $4,320

Level 2 $610 $7,320

Level 3 $915 $10,980

Level 4 $1,215 $14,580

Table 2 – Case Based Funding Additional Fees

Additional Fee Amount (GST exclusive)

Work Based Personal Assistance

(2015-2018)

Either:

$31.82 per hour where the work based personal assistance is provided by an Approved Support Worker from within the Outlet; or

$40.91 per hour where the work based personal assistance is purchased from a second agency,

is provided up to a maximum of 10 hours per week.

Rural and Remote Service Supplement

ARIA Classification: Amount

Per Month

Amount

Per Annum

Highly Accessible: Nil. Nil.

Accessible: $1,450 $17,400




Additional Fee Amount (GST exclusive)

Moderately Accessible:

$2,900 $34,800

Remote: $4,350 $52,200

Very Remote: $5,795 $69,540

Existing High Cost Worker’s Payment

An amount in excess of CBF Employment Maintenance Fee Level 4, as determined by us in accordance with Section 1 of these Supplementary Conditions and paragraph 29 of the Guidelines.

Temporary Viability Support Payment

An amount determined by us in respect of assistance to address unforseen viability issues based on application and approval by the delegate.

Table 3 – QA Certification and Surveillance Payments

Total Number of Outlets within Organisation

(including Head Office)

Certification Payment (excluding GST)

Surveillance Payment (excluding GST)

1 $7,500 $3,750

2 $9,000 $4,750

3-5 $10,500 $5,750

6-10 $12,000 $6,750

11-17 $13,500 $7,750

18-26 $15,000 $8,750

Intake Fees1.2 We will pay you the Intake Fee as specified in Table 1 of Clause 1 of these Supplementary

Conditions after you Authorise a Supported Employee’s Intake Assessment on FOFMS in accordance with section 1.3 of these Supplementary Conditions.

1.3 When you Authorise the Intake Assessment on FOFMS, you must ensure that the:

a) Supported Employee (or their Advocate or representative) has consented to the collection, use and disclosure of personal information consistently with your obligations under this Agreement and the Privacy Act 1988;

b) Supported Employee details are correct and consistent with any information held by you in relation to the individual;

c) Supported Employee meets all eligibility requirements under the funding agreement;

d) Supported Employee has commenced Work at the Outlet as specified on FOFMS;




e) Supported Employee has agreed to participate in an assessment of their Employment Assistance requirements;

f) Supported Employee has agreed to work with the Outlet to jointly develop an Employment Assistance Plan; and

g) Information contained in the Intake Assessment is true and correct.

1.4 Only one Intake Fee is payable for each Supported Employee who is in a Place in an Outlet (as reflected in a Case). An Intake Fee is not paid when a Supported Employee returns from a Suspension or Exit.

Employment Assistance Fees1.5 Employment Assistance Fees are payable monthly in arrears, on the Supported Employee’s

Case Anniversary Date after you have Authorised the Intake Assessment on FOFMS.

1.6 Employment Assistance Fees are paid at the amount described in Table 1 in Clause 1.1 of these Supplementary Conditions.

1.7 A maximum of 12 payments of Employment Assistance may be payable while the Supported Employee continues to Work the Minimum Hours of Work and occupies a Place at on Outlet.

Employment Maintenance Fees1.8 Employment Maintenance Fees are payable monthly in arrears, on the Supported Employee’s

Case Anniversary Date after you have Authorised a DMI Assessment on FOFMS.

1.9 Employment Maintenance Fees are paid at one of the four funding levels described in Table 1 in Clause 1.1 of these Supplementary Conditions. The funding levels are based on the Supported Employee’s DMI Assessment score while the Supported Employee continues to Work the Minimum Hours of Work and occupies a Place at an Outlet.

Rural and Remote Service Supplement1.10 RRSS payments are payable by us monthly in arrears and is paid in respect of an Outlet.

1.11 Rural and Remote Service Supplement (RRSS) payments are payable if your Outlet is located by postcode in a region classified under the Accessibility/Remoteness Index of Australia (ARIA) as:

a) accessible;

b) moderately accessible;

c) remote; or

d) very remote.

1.12 You are not eligible to receive an RRSS in respect of an Outlet with an ARIA classification of ‘Highly Accessible’.

1.13 The ARIA Classification is shown at Item B to the Schedule for an Outlet.

1.14 Where you have more than one Outlet operating at the same Location you will only receive one RRSS.

Work Based Personal Assistance Fees1.15 You agree to comply with the requirements set out in paragraph 28 of the Guidelines about:

a) when a Work Based Personal Assistance (WPBA) assessment and support is provided;

b) how assessments for (WBPA) are to be carried out and by whom;

c) verifying all WBPA that is provided or purchased; and

d) the WBPA hours that you can purchase from a second agency.

1.16 We will pay you WBPA fees in respect of a Supported Employee if, due to their physical or neurological disability or medical condition, the Supported Employee requires additional assistance in Supported Employment:




a) from an Approved Support Worker, to provide personal assistance with feeding by mouth or tube or personal hygiene, such as a catheter; and/or

b) from a registered nurse to administer medical interventions.

1.17 WBPA fees are only payable with respect to a Supported Employee who has not been exited or suspended (as described in Clauses 5.4 and 5.5) or until the Supported Employee no longer requires Work Based Personal Assistance as set out in the Guidelines.

1.18 WBPA fees are payable in arrears upon receipt of a correctly completed WBPA Claim Form, provided it is submitted to us within three months after the WBPA was provided.

1.19 Work Based Personal Assistance fees are payable

(a) at the rate specified in Table 2 of section 1 of these Supplementary Conditions, for the type of personal assistance provided or purchased

(b) up to a maximum of 10 hours for a Supported Employee per week.

1.20 WBPA Requirement Forms and claims for Work Based Personal Assistance payments are to otherwise be in accordance with the requirements set out in the Guidelines.

1.21 We will not pay Work Based Personal Assistance fees if the WBPA Form is submitted to us more than three months after the WBPA was provided.

Existing High Cost Worker Payment1.22 The Existing High Cost Worker Payment (EHCWP) is a ‘grandfathering’ payment designed to

protect the ongoing employment of a specific cohort of Supported Employee’s whose support needs exceed the maximum Employment Maintenance Fee Funding Level 4.

1.23 EHCWP are payable by us to you when:

a) an Outlet’s average block grant price (i.e. under pre-CBF funding arrangements) exceeds the current CBF Employment Maintenance Fee Level 4;

b) the Supported Employee’s DMI Assessment resulted in an Employment Maintenance Fee of level 4 as at 1 July 2006; and

c) the Supported Employee was receiving the Activity before 1 July 2004 and continued to receive the Activity after 1 July 2006.

1.24 The amount of the EHCWP will be the difference between the Outlet’s average block grant price (i.e. under pre-CBF funding arrangements) and Employment Maintenance Fee Level 4.

1.25 You agree to comply with the requirements about:

(a) the eligibility of Supported Employees to receive an receive an Existing High Cost Worker Payment (EHCWP); and

(b) the method of calculation of the amount of the EHCWP.

1.26 You cannot claim, or be paid, Work Based Personal Assistance Fees for Supported Employees receiving EHCWP.

1.27 EHCWPs are payable monthly in arrears and are payable in addition to Employment Maintenance Fees.

1.28 We will cease to pay you EHCWP if a Supported Employee as a result of a DMI Reassessment, is no longer assessed as an Employment Maintenance Fee Funding Level 4.

1.29 You can irrevocably choose whether to cease claiming for EHCWPs and claim Work Based Personal Assistance fees instead in respect of a Supported Employee who is eligible for EHCWP. You must notify us in writing of this decision.

QA Certification and Surveillance Payments1.30 The amount of the QA Certification and Surveillance fees is calculated in accordance with Table

3 of Clause 1 of these Supplementary Conditions.

1.31 The amount we will pay in respect of the QA Certification and Surveillance Fees payment is:




(a) the amount set out in Table 3 of Clause 1 of these Supplementary Conditions equal to the number of Outlets under Item B.3 of the Schedule; and

(b) where applicable, an additional amount of

i) $2,000 (excluding GST) for certification audits; and

ii) $1,500 (excluding GST) for surveillance audits

for each rural and remote Outlet audited, that has an ARIA classification of Moderately Accessible, Remote or Very Remote, as specified against each Outlet at Item B.3 of the Schedule.

1.32 The QA Certification and Surveillance fees are payable to you after a Certification Body provides us with a completed Quality Assurance (QA) certification and/or surveillance audit report in accordance with section 2 of these Supplementary Conditions.

2. When payments will be made to you2.1 Subject to meeting the requirements in Clause 1 of these Supplementary Conditions, we will

make payments in arrears to you, within five (5) Business Days of the dates detailed below:

a) for the Intake Fee – the Case Anniversary Date as defined in the Guidelines and in accordance with section 1.2 of these Supplementary Conditions;

b) for the Employment Assistance Fee – the date is one month after the Intake Assessment is completed by you on FOFMS and payable thereafter for up to 12 months on the Supported Employee’s Case Anniversary Date;

c) Employment Maintenance Fee – as per Clause 1.5 of these Supplementary Conditions;

d) Work Based Personal Assistance Fee – the date on which we receive a correctly completed claim for Work Based Personal Assistance Fees in accordance with section 1.16 of these Supplementary Conditions;

e) Rural and Remote Service Supplement - paid monthly in arrears in accordance with Clause 2.2 of these Supplementary Conditions;

f) Existing High Cost Worker Payment - paid monthly in arrears in accordance with Clause 2.2 of these Supplementary Conditions: and

g) Quality Assurance (QA) Certification and Surveillance fees - the date is the date we receive a completed QA certification and/or surveillance audit report in accordance with Clause 1.27 of these Supplementary Conditions.

3. Your obligation to implement and maintain a complaints register3. 1 You must implement and maintain a complaints register including all complaints received by your

organisation during the term of this Agreement. You must provide the complaints register to us, on request.

3.2 The complaints register referred to in paragraph 3.1 must include, but is not limited to, the following information:

a) details of all client complaints received directly by the ADE, and the outcome of any investigation where relevant;

b) details of all client complaints referred to the ADE by, or through, DSS; and

c) in relation to complaints, details of:

i. the names of the client (if known);

ii. if relevant, the Location to which the complaint relates;

iii. the date of the complaint;

iv. the nature of the complaint;

v. whether the complaint was referred by the ADE to DSS or the Complaints Resolution and Referral Service, including the date; and




vi. any changes to the delivery of services or procedures, or other actions, resulting from the Complaint.

4. Your obligation to provide evidence of your organisation’s financial viability to us on request4.1 If at any time we request you to do so, you must provide us with information demonstrating the

financial viability of your organisation. This information must include, but is not limited to, showing your organisation’s total revenue (inclusive of the funding you receive under this Agreement) and the organisation’s total expenditure.

4.2 If after reviewing the information described in paragraph 4.1, we notify you that we have concerns that your level of financial viability is adversely impacting, or is likely to adversely impact, your performance of the Activity, you agree to work with us to develop a plan designed to improve your financial viability.

5. Who can be a Supported Employee?5.1 You must ensure that Places in Outlets are only filled by Supported Employees.

New Supported Employees5.2 You agree that a person, who is not already a Supported Employee, can only become a

Supported Employee in circumstances where:

a) the person is in the “target group” as set out in section 8 of the Disability Services Act 1986;

b) the person does not meet the specific age requirements and residence requirements as set out in sections 22 and 23 of the National Disability Insurance Scheme Act 2013 and the rules made under those sections.

Existing Supported Employees and when a person can no longer be a Supported Employee5.3 You agree that, once a person is a Supported Employee, the person is able to remain a

Supported Employee until one of the following circumstances applies to them:

a) when we tell you, or you become aware, that a Supported Employee has a plan in effect under section 37 of the National Disability Insurance Scheme Act 2013;

b) where the person no longer has a disability or is no longer in the “target group” as set out in section 8 of the Disability Services Act 1986;

c) where it is clear that the person will not be able to work for the Minimum Hours of Work as set out in the Guidelines;

d) where we direct you that the person is no longer a Supported Employee;

e) where the Supported Employee, or a person authorised to act on behalf of the Supported Employee, asks you for the Supported Employee to no longer be a Supported Employee;

f) where any another circumstance applies, as set out in the Guidelines, about ‘Exiting’ a Supported Employee.

5.4 Where one of the circumstances in Clause 5.3 applies to a Supported Employee, that person is taken to have ‘exited’ (including for the purposes of Clause 1 and Clause 6) and you agree to follow the process set out in the Guidelines for Exiting that person.

5.5 You must also ensure that Supported Employees are suspended in the circumstances set out in the Guidelines. Such persons are taken to have been ‘suspended’ (including for the purposes of Clause 1 and Clause 6) and you agree to follow the process set out in the Guidelines for suspending that person.

6. When your Outlet Capacity can change6.1 You agree that your Outlet Capacity for an Outlet as specified in the Schedule is taken to have

reduced by one every time Clause 5.3(a) applies to an existing Supported Employee.

6.2 You agree that we can reduce your Outlet Capacity for an Outlet where you have breached a term of this Agreement.




6.3 You agree that your Outlet Capacity can only increase either:

a) by no more than 10% and only by one Place each time a person, who has been exited or suspended, is able to become a Supported Employee under Clause 5.2 within 12 months of being exited or suspended, or other circumstances set out in the Guidelines;

b) by another amount, not exceeding 20%, where we agree in circumstances set out in the Guidelines.

6.4 A Place that is added to your Outlet Capacity under Clause 6.3 can only be filled by a person who has previously been a Supported Employee.

7. Your responsibilities in assisting transition to the National Disability Insurance Scheme7.1 You must use your best endeavours to assist with the transition to the National Disability

Insurance Scheme including by:

a) where a person seeks to be a Supported Employee and it reasonably appears that the person would meet the age requirements and residence requirements as set out in sections 22 and 23 of the National Disability Insurance Scheme Act 2013 and the rules made under those sections, asking the person to contact the National Disability Insurance Scheme Launch Transition Agency to make an access request under that Act;

b) where you are reasonably aware that the person has a plan in effect under section 37 of the of the National Disability Insurance Scheme Act 2013, taking action to ensure that the person is exited;

c) working with us to ensure that, consistent with the Guidelines, Supported Employees are approached to provide consent to the use of their personal information for matching with records provided to us by the National Disability Insurance Scheme Launch Transition Agency about whether the person has a plan in effect under section 37 of the National Disability Insurance Scheme Act 2013.

8. Outlets8.1 Subject to clause 8.2, only the Outlets set out in item B of the Schedule can be used to deliver

the Activity and fill Places up to your Outlet Capacity.

8.2 If you want to fill Places up to your Outlet Capacity by delivering the Activity at another Outlet you must contact us to seek prior permission.

8.3 You agree that the Outlet Capacity for an Outlet set out in Item B of the Schedule (or another Outlet agreed under clause 8.2) is linked to that Outlet and vacant Places in the Outlet Capacity for one Outlet cannot be filled at another Outlet.

8.4 If you intend to close an Outlet (as set out in Item B of the Schedule) you agree to advise us in writing and provide no less than 60 days’ notice.

9. Other obligations9.1 You agree to comply with the conditions and obligations imposed under Part II of the Disability

Services Act 1986 including the condition that you continue to hold a current certificate of compliance.

9.2 You agree to establish an Employment Assistance Plan for each Supported Employee as set out in the Operational Guidelines.

9.3 You agree to undertake DMI Assessments and Reassessments as set out in the Guidelines.

9.4 You agree that you will adhere to any other obligations expressed as acts you must or are required to do as set out in the Guidelines.

10. Definitions for terms used in these Supplementary ConditionsAuthorise means the Status of an Intake Assessment, DMI Assessment or DMI Reassessment on FOFMS is at ‘Authorised’.

Data Guide means the Disability Services Census Data Guide for Disability Service Providers: Data Items and Definitions which is available on the FOFMS literature tab.




DMI or Disability Maintenance Instrument means the assessment mechanism used to determine the work-related support needs of a Supported Employee.

EHCWP or Existing High Cost Worker’s Payment means the payment specified in Table 2.

Exiting has the meaning given under paragraph 5.4 of these Supplementary Conditions.

Intake Assessment means the assessment you are required to complete and Authorise on FOFMS for each Supported Employee in accordance with the Guidelines.

Minimum Hours of Work means 8 hours per week.

National Disability Insurance Scheme Launch Transition Agency has the same meaning as in the National Disability Insurance Scheme Act 2013.

Outlet means any location in which you undertake the Activity for Supported Employees of the Australian Disability Enterprise(s), including work crews, and/or contract labour arrangements. It can mean an outlet, administrative business or unit, as specified as a location under Item B.3 to the Schedule.

Outlet Capacity means the maximum number of Places we agree to fund at your Outlet as set out at Item B.3 of the Schedule.

Places are filled by Supported Employees and make up the Outlet Capacity at an Outlet

Supported Employee means a person with disability whom you employ in the Australian Disability Enterprise and provide the Activity for in accordance with this Agreement

WBPA means Work Based Personal Assistance

WBPA Claim Form means the form referred to with that name in the Guidelines

WBPA Requirement Form means the form referred to with that name in the Guidelines




Signatories Organisation Id:

Agreement Id:

Parties Commonwealth of Australia, as represented by and acting through The Department of Social Services ABN 36 342 015 855, Tuggeranong Office Park, Soward Way (Cnr Athllon Drive), Greenway ACT 2900 ("us", "we" or "our")

and

ABN of ("you" or "your")

This Agreement is deemed to commence/have effect from 1 July 2015

Signed for and on behalf of the Commonwealth of Australia by the relevant Delegate, represented by and acting through The Department of Social Services ABN 36 342 015 855 in the presence of:

(Name of Departmental Representative) (Signature of Departmental Representative)

…./…/….(Position of Departmental Representative)

(Name of Witness in full) (Signature of Witness)

…./…/….

Signed for and on behalf of in accordance with its rules:

(Name and position held by Signatory) (Signature)

…./…/….

(Name and position held by second Signatory/Name of Witness)

(Signature of second Signatory/Witness)

…./…/….




Notes about the signature block:

if you are an incorporated association, the signatories can be any two members of the governing committee of the Association or a member of the governing committee and the Public Officer. Alternatively, the Grant Agreement could be executed using the Common Seal. Associations incorporated in the Northern Territory must affix their Common Seal unless the Rules of the Association authorise a person to enter into legally binding documents.

if you are a company, generally two signatories are required – the signatories can be two Directors or a Director and the Company Secretary. Affix your Company Seal, if required by your Constitution.

if you are a company with a sole Director/Secretary, the Director/Secretary is required to be the signatory in the presence of a witness. Affix your Company Seal, if required by your Constitution.

if you are a partnership, a partner must be a signatory in the presence of a witness.

if you are an individual, you must sign in the presence of a witness.

if you are a university, the signatory can be an officer authorised by the legislation creating the university to enter into legally binding documents. A witness to the signature is required.



comprehensive grant agreement schedule - dss · web viewabn b.3 activity name disability employment...

Documents