Operational Guidelines Disability Employment Assistance

Transcription

1 Attachment C to Standard Funding Agreement Schedule Operational Guidelines Disability Employment Assistance from 1 July 2013 Version No: 3 Date: July

2 Contents Acronyms and Abbreviations... 3 Definitions Preface Program Overview Services and Support for People with Disability Activity Overview - Disability Employment Assistance Quality Strategy and the Audit and Compliance Strategy Eligible Activities Supported Employees Enhancing Performance Acknowledgement and Promotion ADE Responsibilities and Accountabilities Case Based Funding (CBF) CBF Model Summary The Employment Assistance Plan Outlet Capacity Stretch Capacity Intake Fee Employment Assistance Phase Disability Maintenance Instrument (DMI) Employment Maintenance Phase DMI Reassessments Suspensions Exits Returns from Suspension/Exit Rural and Remote Service Supplement Work Based Personal Assistance Fees Incentives for Australian Apprenticeships/Traineeships Existing High Cost Worker Payment Disputes and Complaints Complaints Resolution and Referral Service Additional actions available to us under this Agreement Additional obligations regarding viability and governance Additional obligations relating to varying this Agreement FaHCSIA Online Funding Management System (FOFMS) Contact Information - Where you can go for assistance 35 Appendices

3 Acronyms and Abbreviations AAC ADE ARIA CBF CRN CRRS DEA DEEWR DMI EHCW FaHCSIA FOFMS OC RRSS Guidelines SSPD TRS WBPA Australian Apprenticeship Centre Australian Disability Enterprise Accessibility Remoteness Index of Australia Case Based Funding Centrelink Reference Number Complaints Resolution and Referral Service Disability Employment Assistance Department of Education, Employment and Workplace Relations Disability Maintenance Instrument Existing High Cost Worker The Department of Families, Housing, Community Services and Indigenous Affairs FaHCSIA Online Funding Management System Outlet Capacity Rural and Remote Service Supplement Operational Guidelines Disability Employment Assistance Services and Support for People with Disability Training Recognition System Work Based Personal Assistance 3

4 Definitions Act means the Disability Services Act 1986 (Cth). Activity Performance Indicators ( APIs ) means the performance indicators detailed at Item B of the Schedule. Advocate means a person acting on behalf of a Supported Employee. This person cannot be employed by the Outlet or Organisation, or be a signatory for the Outlet or Organisation. Aims for the purposes of Employment Assistance Phase, means a Supported Employee commits to and intends working the minimum hours required for the ADE to receive CBF (although the Supported Employee may not achieve this, there must be the intention of doing so). Approved Support Worker for the purposes of Work Based Personal Assistance, means a person who: a) holds a Certificate III in Disability Work; or b) has industry specific training in the provision of personal care; or c) is a registered nurse (or with equal qualifications) who is qualified to administer medical interventions. ARIA means the Accessibility Remoteness Index of Australia as 'sponsored' by the Department of Health and Ageing. Australian Apprentice means a person undertaking an Australian Apprenticeship/Traineeship. Australian Apprenticeship means an apprenticeship that is part of the National Apprenticeship and Traineeship Arrangements as administered by the Australian Government Department of Education, Employment and Workplace Relations. Australian Apprenticeship Centre ( ACC ) means an agency contracted by the Australian Government Department of Education, Employment and Workplace Relations to provide Australian Apprenticeship support services to all employers and interested persons. Australian Disability Enterprise ( ADE ) (or other such name as determined by us) has the same meaning as supported employment services under Section 7 of the Act. Under this Agreement, Australian Disability Enterprise means a supported employment service funded by us to provide the Activity to Supported Employees of the Australian Disability Enterprise. Australian Disability Enterprises Website (or such other name as may be used from time to time) means the Website managed by us, that allow Australian Disability Enterprises to advertise, market and sell their products and services. 4

5 Authorised for the purpose of a DMI Assessment or Reassessment means a DMI Assessment or Reassessment with an Authorised status on FOFMS. Business Operating Day for the purpose of Employment Assistance Phase means the normal operating times of your Outlet. Case means the record on FOFMS that identifies a Supported Employee s period of Employment in an ADE. Case Anniversary Date means the date of each month Case Based Funding payments will be made for a Supported Employee. It is derived from the Intake Completion Date of a Case on FOFMS. Case Base Funding ( CBF ) means the type of payment to your organisation paid by us for the delivery of the Activity to people with disability in a supported employment environment. CBF Helpdesk means the FaHCSIA help desk available via telephone or to assist you with any Case Based Funding queries. Centrelink means the agency established under the Commonwealth Services Delivery Agency Act Centrelink Reference Number (CRN) means a unique identifying number assigned by Centrelink to its customers. Certificate of Compliance has the meaning given to it under section 6A of the Act. Certification Body has the meaning given to it under section 6A of the Act. Client Record means a Supported Employee s details contained on FOFMS. Consent Form means the form at Appendix C. Complaints Resolution and Referral Service ( CRRS ) means our National Disability Complaints Resolution and Referral Service which investigates complaints about Australian Government funded Disability Employment Assistance and advocacy services. Completed for the purpose of a DMI Assessment or DMI Reassessment means a DMI Assessment or Reassessment with a Completed status on FOFMS. Consent is permission for information from your records about an individual to be used or disclosed, in whole or in part, to us for the purposes of managing our responsibilities under the Act or this Agreement. Constitution means (depending on the context): 5

6 a) a company s Constitution, which (where relevant) includes operational guidelines and any amendments that are part of the company s Constitution; or b) in relation to any other kind of body: c) the body s charter or memorandum; or d) any instrument or law constituting or defining the Constitution of the body or governing the activities of the body or its members. DEA Audit and Compliance Strategy means the strategy under the SSPD Program described in paragraph 4 of these Guidelines. FaHCSIA-Initiated DMI Reassessment has the meaning given to it by the DMI Guidelines at Appendix B to these Guidelines. disability e-news means the online publication of that name issued by FaHCSIA. Disability Employment Assistance has the same meaning as the Activity described as Employment Assistance Services under the Standard Funding Agreement (SSPD) to deliver Employment Assistance Services. Disability Maintenance Instrument ( DMI ) means the assessment mechanism by that name, and of the version, contained on FOFMS and/or the DMI Guidelines and the Operational Guidelines. Disability Maintenance Instrument (DMI) Guidelines means a set of DMI Guidelines at Appendix B to these Guidelines, issued by us to assist you to complete the DMI Assessment. DMI Assessment has the meaning given to it in the DMI Guidelines at Appendix B to these Guidelines. DMI Reassessment has the meaning given to it in the DMI Guidelines at Appendix B to these Guidelines. DMI Reassessment Triggers Table is contained in the DMI Guidelines at Appendix B to these Guidelines. Draft means the status of a Case on FOFMS before the Intake Assessment is Authorised. Employ and Employed means to engage an individual in Employment. Employment means Work in an Australian Disability Enterprise that: a) complies with minimum standards and conditions established by Commonwealth, State or Territory law; and b) is at a wage determined under an applicable: i. award; ii. special wage permit; 6

7 iii. certified agreement; or iv. individual employment contract or workplace agreement; or v. any other industrial instrument or decision, and which, in our opinion, is a reasonable industrial instrument for you to apply in the circumstances for all cases to which paragraph (a) and (b) apply. Employment does not include: i. periods during which the Supported Employee is on leave receiving workers compensation payments. ii. other unpaid activities including work experience, graduated return to work, work trials, work experience and workplace training or assessment. Employment Assistance means meeting the support needs of people with disability as defined under Activity Details at Item B of the Schedule and Paragraph 5 of these Guidelines. Employment Assistance Fee means a payment by us to you in accordance with Attachment A of the Schedule and these Guidelines. Employment Assistance Phase means the period of time after the Intake Assessment where the Outlet is assisting the Supported Employee to achieve an Employment Outcome. Employment Assistance Phase covers a maximum period of 12 months from the date the Supported Employee s Intake Assessment is Authorised on FOFMS. Employment Assistance Plan ( EAP ) means a plan which reflects the employment goals of the Supported Employee. The plan should incorporate strategies for the achievement of their goals through a training, development and support plan. The plan is agreed between the Organisation and the Supported Employee, and their Advocate if necessary. A suggested format is at Appendix D to these Guidelines. Employment Assistance Services means the provision of Supported Employment in the workplace to a Supported Employee of yours, which is directly relevant to their Employment and results in them being paid a wage from you. Employment Maintenance Fee means a payment by us to you in accordance with Attachment A of the Schedule and these Guidelines. Employment Maintenance Phase means the period of time after a Supported Employee achieves an Employment Outcome during which any Employment-related assistance, service or intervention funded by the Outlet or directly provided by the Outlet helps a Supported Employee maintain Employment. Employment Outcome means 13 cumulative weeks of Employment for a minimum of 8 hours per week achieved within 12 months of the Supported Employee s Intake Assessment (also see Paragraph 15). 7

8 Existing High Cost Worker means a Supported Employee who: a) is receiving Employment Assistance Services from a Australian Disability Enterprise that receives less funding under Case Based Funding as determined by us at our absolute discretion; and b) was being supported by you under previous (block grant) funding arrangements on 1 July 2004 prior to their transition to Case Based Funding; and c) was assessed by the DMI at CBF Employment Maintenance Fee Level 4 as at 1 July Existing High Cost Worker Payment means a payment by us to you in accordance with Attachment A of the Schedule for Employment Assistance Services and these Guidelines. Exit means when a Supported Employee has left the Outlet for a period greater than 12 months and the Exit has been recorded on FOFMS. FaHCSIA Online Funding Management System (FOFMS) means our online funding management system. Funding Agreement Manager means the contact person as specified at Item L of the Schedule. Immediately means on the same day. Incentive for Australian Apprenticeships means a payment by us to you in accordance with Attachment A of the Schedule and further described in Paragraph 25 of these Guidelines. Intake Assessment means the assessment you Complete and Authorise on FOFMS for each Supported Employee in accordance with Paragraph 15 of these Guidelines. Intake Completion Date means the date a Supported Employee has their Intake Assessment authorised on FOFMS. It is also regarded as a Supported Employee s Start and Case Anniversary Date. Intake Fee means a payment by us to you in accordance with Attachment A of the Schedule and Paragraph 15 of these Guidelines. Job Seeker means a potential Supported Employee. Jobs Services Australia means the Australian Government s national employment services system funded by the Australian Government Department of Education, Employment and Workplace Relations. Key Performance Indicators have been determined by the Minister to be applied when assessing compliance with the Disability Services Standards (FaHCSIA)

9 Australian Disability Enterprise quality is specified through 26 key performance indicators across the 12 Standards. Location means the locations as specified in Item B of the Schedule. Officer includes any employee, agent, subcontractor (or its employee, agent or subcontractor) or volunteers of your organisation. Open Employment means assistance provided by a Jobs Services Australia organisation or a Disability Employment Service to assist people with disability to gain and maintain employment with another entity or organisation in the open employment market or self-employment. Open Employment can also mean the person with a disability has found Work in the open employment market or self-employment without assistance from Jobs Services Australia or a Disability Employment Service. Operational Guidelines Disability Employment Assistance (Guidelines) means the procedures, requirements and information contained within the Agreement to undertake the Activity. Organisation Initiated DMI Reassessment is a DMI Reassessment requested by the Organisation, Supported Employee their parent or carer as per the DMI Guidelines. Outlet means any location providing the Activity to 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 that is specified as a location under Item B3 to the Schedule. Outlet Capacity is the maximum number of places we agree to fund at your Outlet as set out at Item B of the Schedule. Quality Assurance means the certification system that Certification Bodies use to independently audit Australian Disability Enterprises against the Disability Services Standards (FaHCSIA) Reassessment Trigger means a trigger as outlined in the DMI Reassessment Trigger Table in the DMI Guidelines. Return from Suspension means the situation where a Supported Employee s Case record is Returned from Suspension on FOFMS, or the Case record is restarted on FOFMS within 12 months of Exiting the same ADE. Rural and Remote Service Supplement means a payment by us to you in accordance with Attachment A of the Schedule and Paragraph 23 of these Guidelines. Services and Support for People with Disability Program (SSPD) means the program of that title administered by us. Service Guarantee means the minimum service standards for the Activity, which are set out at Attachment D to the Schedule. 9

10 Start for a Supported Employee means having a Case Started on FOFMS in accordance with these Guidelines. Stretch Capacity provides a means for Supported Employees returning from Suspension or Exits to return to their Outlet by temporarily increasing the Outlet Capacity in an Outlet as outlined in these Guidelines. Support Staff in the context of the Activity Performance Indicators at Item B of the Schedule, means any person employed by your Outlet who provides direct work based employment support to a Supported Employee, consistent with the delivery of the Activity under Item B of the Schedule. Supported Employment means the provision of Employment Assistance Services in an Australian Disability Enterprise, consistent with the definition at Section 7 of the Act and further as set out under Activity Details at Item B of the Schedule. Supported Employee means a person with disability whom you employ in the Australian Disability Enterprise and provide the Activity to in accordance with this Agreement. Suspension means a period longer than one month and less than 12 months that the Supported Employee Case is suspended on FOFMS. Target Group has the same meaning as in Section 8 of the Act, as provided at Attachment B to the Schedule. Work means any exertion of effort by the Supported Employee to produce a product or to provide a service at the Outlet and which is directly related to the Supported Employee being paid a wage. Work Based Personal Assistance means additional assistance provided to Supported Employees who, due to their physical or neurological disability or medical condition, require additional assistance in Employment from an Approved Support Worker who provides personal assistance with feeding to mouth (transfer of food/liquid to the supported employee s mouth) or feeding by tube or personal hygiene, such as care of catheter or toileting support; and/or who administers medical intervention. Work Based Personal Assistance Fees means a payment by us to you in accordance with Attachment A to the Schedule and Paragraph 24 of these Guidelines. 10

11 1. Preface 1.1. Under the Agreement with us, you agree to deliver the Activity under the Services and Support for People with Disability Program (SSPD) The Guidelines and its Appendices provide the framework for the provision and administration of Employment Assistance and form part of this Agreement You are required to follow the procedures, requirements and information contained in these Guidelines and its Appendices. 2. Program Overview Services and Support for People with Disability 2.1. The SSPD Program provides support to people with disability, their families and carers, through grants and funding to organisations that deliver services for people with disability Under the SSPD we fund a number of services for people with disability and their carers, including supported employment services, advocacy, a national booking service for Auslan interpreting services, print disability services, support services for children with Autism Spectrum Disorder and their families, support services for children with Down syndrome, Fragile X syndrome, cerebral palsy, moderate (or greater) vision or hearing impairments. Respite services, accessible communities and supported accommodation for people with disability are also funded by us The objective of the SSPD Program is to provide supported employment and improve access to information, advocacy and services for people with disability so they can develop their capabilities and actively participate in community and economic life. 3. Activity Overview - Disability Employment Assistance 3.1. Disability Employment Assistance contributes to the SSPD Program by providing people with disability: a) genuine Employment in a viable Australian Disability Enterprise; b) quality Employment Assistance Services that meet their individual support needs, determined by an independent assessment mechanism in the Disability Maintenance Instrument (DMI); and c) payment of fair wages paid in accordance with good practice wage assessment guidelines that meet KPI 9.1 of the Disability Services Standards (FaHCSIA) The Activity is delivered by organisations that support employees with disability in Australian Disability Enterprises (ADEs) The immediate outcomes for this Activity are that people with disability employed in ADEs receive support based on assessed need, fair wages and quality services Included in the longer term objectives are that people with disability enjoy improved standards of living and social inclusion by genuine employment in disability supported employment services and achieve increased levels of selfesteem and well-being associated with employment Australian Disability Enterprises are funded under the Act. 4. Quality Strategy and the Audit and Compliance Strategy Quality Strategy for Disability Employment 11

12 4.1. The Quality Strategy includes a quality assurance system that passed into law in It requires services funded under the Act to be independently assessed and certified as complying with the Disability Services Standards (FaHCSIA) All disability employment services must meet the requirements of the independent quality assurance system to receive Funding under this Agreement The objectives of the Quality Strategy are to: a) give people with disability confidence in the quality of service delivery and employment outcomes achieved by Australian Government funded disability employment and rehabilitation services b) ensure all services meet, as a minimum, the Disability Services Standards (FaHCSIA) 2007 c) make the assessment of service quality more objective and measurable d) link certification to funding e) reduce government intervention in the day to day operation of services f) assist services to continuously review and improve the services they deliver Key points about the Quality Assurance system a) The Quality Assurance system applies to all Australian Government funded Australian Disability Enterprises. b) It involves independent assessments to certify that they comply with the 12 Disability Services Standards (FaHCSIA). Service quality is specified through 26 key performance indicators (KPIs) across the Standards. c) Third party certification bodies undertake the certification audits. d) Certification bodies are accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ). Accreditation requirements are contained in JAS-ANZ Procedure 18. JAS-ANZ accredits certification bodies as competent and impartial for undertaking audits against the Disability Services Standards (FaHCSIA). e) The Quality Assurance system has been designed to ensure that people with disability are involved with all aspects and stages of the process. f) Under the system, the role of government departments is to develop policy and provide support and resources to help services gain certification and pursue continuous improvement. g) New services need to register their intention to seek certification with their relevant department, and have 12 months to gain certification from the date funding commenced. h) Under the Act, a service that loses its certification and funding needs to regain certification before funding is considered. i) Certified services receive a Certificate of Compliance that is recognised by the Australian Government as proof that the organisation is delivering services in line with the Disability Services Standards (FaHCSIA) j) Within 12 and 24 months of certification, certified services participate in a surveillance audit conducted by their chosen certification body. Then 36 months after certification, services participate in a full recertification audit Information on the Quality Strategy for Disability Employment is available on our website 12

13 DEA Audit and Compliance Strategy 4.5. The DEA Audit and Compliance Strategy is one of a range of tools that we use to facilitate continuous quality improvements to the services provided to people with disability. The Audit and Compliance Strategy allows us to manage potential fraud and compliance risks. The findings from the Strategy will help to identify areas of compliance weakness and areas to improve business processes, policy and system controls We may conduct audits to verify information that you submit to us including the DMI Assessments and related files. For the purpose of audits under this Paragraph 4.6, we may provide 10 Business Days notice to gain physical access to your premises and exercise any of our rights of inspection under Clause 5 of the Terms and Conditions We may also require these audits to be independently reviewed. 5. Eligible Activities 5.1. Employment Assistance to people with disability should include a number of supports that enable the person with a disability to fully participate in employment. ADEs may purchase services to meet the individual support needs of Supported Employees, such as training specialists, counsellors and health professionals Employment Assistance is defined as meeting 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. 6. Supported Employees 6.1. Supported Employees must be a person with a disability including the Target Group as defined by Section 8(1) of the Act You agree to give priority of access to people with a disability in the Target Group. Hours of employment 6.3. You must not restrict the hours of employment to a person with a disability based solely on the minimum employment outcome. Hours of employment must be agreed by both the Supported Employee and ADE and documented in the Employment Assistance Plan (EAP) as outlined in paragraph To meet this obligation you will need to ensure you develop robust business structures and financial controls that enable the generation of sufficient income to 13

14 cope with peaks and troughs in the demand for goods and services. Your strategic business plan should ensure supported employees can access the working hours they feel capable of undertaking, regardless of demand. Access and eligibility 6.5. For information on how individuals can access an ADE through direct registration or via Centrelink refer to Appendix A Disability Employment Assistance Access and Eligibility People with disability who require ongoing support to gain and retain a job are eligible for assistance by either FaHCSIA-funded Australian Disability Enterprises (ADE) or DEEWR-funded Disability Employment Services (DES). Job Seekers with disability who do not need ongoing support or vocational rehabilitation may be eligible for assistance through other Job Services Australia services We will only pay you Funding for a Supported Employee if they have Exited from any other Commonwealth-funded program which funds the provision of Activities as specified at B of the Schedule An exception to Paragraph 6.7 applies where a Supported Employee of yours seeks employment through a DES service. In such circumstances we may continue to pay you Funding in respect of the Supported Employee in accordance with this Agreement Any documentary evidence used to determine an individual s eligibility for Employment Assistance in an ADE must be retained on the Supported Employee s file. Consent and privacy You agree to use your best endeavours to capture Supported Employee Consent: a) prior to providing the Activity (i.e. when a Supported Employee first requests assistance from you or before the intake Assessment is Authorised on FOFMS); and b) when you perform a DMI Reassessment; and c) if two years has elapsed since Consent was last sought; or d) if the client has not previously provided Consent The Supported Employee Consents you obtain must be consistent with the Consent Form available on FOFMS. The Client Consent Information and Consent Form is at Appendix C and also available from the Literature tab on FOFMS. When using the Client Consent Information and Consent Form you must insert your Australian Disability Enterprises name into the header If you are unable to capture Supported Employee Consent you are required to document your attempts and the reasons why Supported Employee Consent could not be obtained in the Supported Employee s file In addition, when obtaining Supported Employee Consent you are required to ensure that an Officer of your Outlet has explained to the Supported Employee or their Advocate that their personal information the client is asked to provide in the Client Consent Information is collected for the purpose of: 14

15 a) Determining access to and delivery of employment assistance under the Disability Services Act 1986 (Cth) through your Outlet; b) Your Outlet disclosing some or all of the client s personal information as listed in the Client Consent Information to FaHCSIA, or to another service outlet if that outlet commences providing the client with employment assistance; and c) FaHCSIA disclosing, from time to time, the client s personal information to other government agencies or research bodies Before making any transfer of your records (or copy of them) about an individual to another organisation for the purpose of that organisation providing services to the individual, you are required to obtain the mutual agreement of both the individual and the organisation Your obligations to retain records under this Agreement are not limited by Paragraph Electronic mail from you to us must not contain any identifying personal information, such as Supported Employee name or Centrelink Reference Number (CRN). Only Client Id or Case Id as specified on FOFMS are to be used in electronic mail correspondence with us. Signing by supported employees If a form states that it is to be signed by both a Supported Employee (or their advocate or representative) and your representative, to avoid doubt, the form is not a contract You and your Officers are not permitted to sign a form under this Agreement as the Supported Employee's advocate, under any circumstances. 7. Enhancing Performance 7.1. A National Disability Insurance Scheme (NDIS), the National Disability Strategy and the Advisory Group, Vision for Sustainable Supported Employment signal the need for disability service providers to prepare for a change in how disability services are delivered in Australia ADEs will need to ensure the services they provide are based on flexibility, choice, individualisation and customer driven outcomes. Individualised funding is likely to ultimately mean consumers will be looking for services offering the best working conditions, flexibility, choice and best value for their funding dollars There are a number of areas where ADEs can focus resources to ensure they become one of these employers of choice for people with disability. Opportunities to move into mainstream employment 7.4. People with a disability should be given every opportunity to move from supported employment to mainstream employment. Wherever possible, employees in supported employment will be provided with the additional skills and support needed to make the transition into open employment. When a Supported Employee s choice is to pursue an open employment pathway this needs to be articulated in the Employment Assessment Plan. ADEs should promote themselves as not just an employer of people with disability but as a 15

16 training and support environment for assisting Supported Employees towards mainstream employment. Reducing reliance on FaHCSIA funding 7.5. Organisations need to work towards ensuring that they are not over reliant on FaHCSIA funding. FaHCSIA funding for Disability Employment Assistance is not intended to prop up low-value businesses with marginal business lines, which correlates to limited access to wage increases and poor employment opportunities for people with disability. ADEs, who are financially sustainable, have increased profitability allowing for growth, organisational autonomy and more freedom to make vital business and strategic decisions. Organisations with thriving commercial environments will be able to invest in business growth or innovation which flows into greater benefits for Supported Employee of wage increases, skills development, career guidance and increased employment opportunities. Effective support staff 7.6. Individual professional development, training and organisational learning are critical to the safety and well-being of Supported Employees. Much of the research in this area suggests that untrained workers should be considered an unacceptable management practice due to the high vulnerability of Supported Employees in ADEs In order to provide effective support, staff require skills in areas such as communication, respect and dignity, confidentiality, effective supports, appropriate conduct, positive attitudes, behavioural support and responding to individual need. There would be also a range of specialist knowledge and skills required for specific positions Management of ADEs need to clearly identify the skills and competencies required for achieving outcomes, methods for assessing these skills and competencies, and addressing any gaps through staff training and recruitment. These processes and practices should be consistent with expected industry norms Management of ADEs should also have strategies to support organisation-wide learning that acknowledges the changing needs of the organisation and its staff and continues to develop responses to new challenges. Hours of work A case based funding place is considered a full-time employment place. All Supported Employees should be given the opportunity to have hours of work based on their tailored individual needs and not predetermined by ADEs. Business and skills requirements may also play a part in determining the hours Supported Employees are capable of working. When a Supported Employee s choice is to pursue an increase in hours of work this needs to be articulated in the Employment Assessment Plan We recognise that many people with disability choose part-time hours for flexibility and to accommodate health problems (including mental health) and other personal concerns such as transportation and mobility issues. 16

17 Entering Weekly Wages and Hours on FOFMS At a minimum, weekly wages and hours must be entered in the client s case record in FOFMS before the DMI is started and updated every six months thereafter to reflect any changes in weekly hours or wages. Training for Supported Employees Like all businesses, ADEs need to ensure their workforce skill sets are relevant and up to date. Skill specific and general workplace skills development should be regularly appraised and any shortfalls addressed through relevant training. Competency shortfalls identified during wage assessments should also be addressed as a priority to ensure Supported Employees are given the opportunity to maximise their economic participation in the community and documented in the Employment Assistance Plan as outline in paragraph Acknowledgement and Promotion 8.1. In accordance with Clause 4 of the Terms and Conditions you must, in all publications, and in all promotional, publicity and advertising materials or activities of any type undertaken by or on behalf of you relating to the Activity or this Agreement in any way: a) comply with any promotion and style guidelines issued by us from time to time; b) use badging and signage provided by or approved by us; and c) deliver to us (at our request and at your own cost) copies of all promotional, publicity and advertising Materials you have developed under this Agreement Your obligation to acknowledge our support is described under Clause 4 of the Terms and Conditions. The form of acknowledgement of our support is as follows: The provision of employment assistance services to people with disability is funded by the Australian Government under the Services and Support for People with Disability Program. 9. ADE Responsibilities and Accountabilities Activity Performance Indicators (APIs) 9.1. The APIs we will use to measure your performance under this Agreement are outlined at Item B of the Schedule The API Targets at Item B of the Schedule are aspirational standards and we anticipate that you will make reasonable progress towards achieving them during the term of this Agreement To assist you in meeting these targets, we will provide your ADE with information about how you are performing against the APIs. Your Funding Agreement Manager will use these reports as the basis of discussions with you on addressing any issues. 17

18 9.4. If we are not satisfied (a matter to be determined by us at our absolute discretion) with your performance against the APIs, without limiting any other action we may take under the Agreement, we may take any of the action available to us under Clause 23 of the Terms and Conditions and/or Paragraph 29 of these Guidelines. Your Outlet s obligations and relationship 9.5. Your Outlets are specified at Item B of the Schedule You must advise us in writing providing at least 90 days notice of your intention to close an Outlet as defined in Item B to the Schedule If you wish to provide the Activity through an Outlet or Location not specified at Item B of the Schedule you must contact your Funding Agreement Manager to seek prior permission The Activity will be provided by your Outlet to people with disability including within the Target Group in accordance with this Agreement You cannot use vacant Outlet Capacity at an Outlet to employ Supported Employees at another Outlet The Activity must only be provided to a Supported Employee at the Outlet specified against their Case on FOFMS If an Outlet is a separate legal entity to you and it performs any of your obligations under this Agreement, you: a) Must enter into a subcontracting arrangement with the Outlet that is consistent with the obligations binding on you under this Agreement; and b) Will not be relieved of any of your obligations or liabilities under this Agreement and you will be responsible for the actions of Outlets and their officers, employees, agents and subcontractors (and their officers, employees and agents) Only one Outlet can receive CBF payments for supporting a Supported Employee at any one time. If a Supported Employee is receiving the Activity from two Outlets at the same time only one Outlet is eligible to claim CBF fees Any information provided by you or your Officers must be true, accurate, complete and not misleading in respect of all material, and as required by this Agreement You must immediately notify us of any relevant matters affecting services Funded by us including any serious allegations or matters referred to investigatory bodies including the police, any complaints bodies or any regulatory bodies including the Australian Securities and Investments Commission (ASIC). Payment of Wages You must pay your Supported Employees wages applicable to their Employment situation in accordance with KPI 9.1 of the Disability Services Standards (FaHCSIA) You must pay wages to all Supported Employees from the commencement of their Employment Assistance Phase (Intake Completion Date). Fees 18

19 9.17. You must not charge a Supported Employee a fee of any kind to which is directly or indirectly related to the provision of the Activity You may impose a charge, on a strict reimbursement of costs basis only, for services unrelated to the Activity, such as transport services. You are not permitted to make the purchase of any such services by the Supported Employee a prerequisite or requirement for the provision of the Activity, or to in any way create that impression. Information about your ADE Information about your Australian Disability Enterprise needs to be made available and accessible to people with disability and their representatives. This information, including information contained on the Australian Disability Enterprises website (or other such name as determined by us), should be accurate, complete and current. Service Guarantee You must conduct the Activity at the minimum standards set by the Service Guarantee as provided for in Attachment B to the Schedule You must prominently display the Service Guarantee in your Outlet and make it available to potential and existing Supported Employees If we are not satisfied that you have conducted the Activity at the minimum standards set by the Service Guarantee, (a matter to be determined by us at our absolute discretion) without limiting any other action we may take under the Agreement, we may take any of the action available to us under Clause 23 of the Terms and Conditions and Paragraph 29 of these Guidelines. 10. Case Based Funding (CBF) CBF is a fee-for-service arrangement where fees are paid based on Supported Employees individual assessed relative support needs and the agreed number of places (or Outlet Capacity) each Outlet is allocated CBF is an outcomes based funding model, where funding is paid on the achievement of certain milestones under this Agreement The aims of the CBF Funding model are to: a) enhance Supported Employee access, choice and outcomes; b) make funding arrangements equitable; c) provide Employment Assistance Services to as many people as possible with existing funds; and d) promote flexibility and innovation CBF payments are made to you via FOFMS. If we identify that you have received incorrect payments, we can use FOFMS to recover such payments by off-setting the recovered amount against your future payments You can only apply and accept CBF payments for people with disability assisted in Supported Employment consistent with this Funding Agreement, where you are the employer, and the person with disability receives ongoing Employment in your Outlet. 19

20 10.6. If we expend all the Funding we have budgeted for the Activity before the end date of the Activity is reached, we can instruct you not to accept referrals from Centrelink and not to Start any other person. Spending of Funding CBF is only to be used for the provision of the eligible activities under Paragraph You may allocate CBF resources between Supported Employees to achieve employment for all your Supported Employees, which may include: a) providing some Supported Employees with less assistance than the amount of CBF paid by us in respect of them; and b) providing other Supported Employees with more assistance than the amount of CBF paid by us in respect of them If you do not spend the CBF allocated to a particular Supported Employee you must allocate the Funding to another Supported Employee to help them maintain Employment. 11. CBF Model Summary The following paragraphs summarise the CBF model. They are for guidance purposes only and are not intended to replace or amend any provisions of the Agreement When a person with disability is seeking Employment, they can present directly to you or via Centrelink Check you have vacancies in your Outlet (Outlet Capacity) to assist the person with a disability and that all eligibility requirements are met On accepting a Supported Employee for Employment, you must seek their Consent Create a Client Record and Case on FOFMS. Follow the DEA Task Cards contained on the FOFMS Literature Tab. The Supported Employee must be working at the same Outlet that is recorded against their Case on FOFMS and you must pay the Supported Employee an award based wage during this period in accordance with Paragraphs 9.15 and 9.16 above Authorise the Intake Assessment on FOFMS. This will start the Case and you will receive the Intake Fee. Each month that the Supported Employee remains in Employment you will receive an Employment Assistance Fee until the Supported Employee s DMI Assessment is finalised, or for a maximum of 12 months You must collect, record and keep evidence of the support provided to or purchased for the Supported Employee. This evidence is used to complete the DMI Assessment and must be consistent with the DMI Guidelines at Appendix B to these Guidelines When the Supported Employee has achieved an Employment Outcome, you must complete and authorise a DMI Assessment on FOFMS immediately. The DMI Assessment results determine the Employment Maintenance Fee payable in respect of the Supported Employee You will receive an Employment Maintenance Fee each month you continue to provide the Activity to the Supported Employee. 20

21 Complete an Employment Assistance Plan with the Supported Employee within the first four months of Employment If the Supported Employee s circumstances change, as outlined in the DMI Reassessment Triggers Table, you may complete a DMI Reassessment If a Supported Employee is unable to achieve an Employment Outcome within 12 months of the Intake Completion Date, you must Immediately Exit the Supported Employee s Case on FOFMS A Supported Employee may Exit the Outlet at any time. If this occurs, you must immediately Exit the Supported Employee s Case on FOFMS Exited Supported Employees may re-enter the same Outlet if there is available Outlet/Stretch Capacity, or Start at a new Outlet if there is available Outlet Capacity If you are unable to provide a Supported Employee with the Activity, you must Suspend or Exit their Case on FOFMS as per the Suspension and Exit rules contained in these Guidelines. 12. The Employment Assistance Plan You must develop an Employment Assistance Plan with each Supported Employee who accesses your service, within four months of their Intake Assessment You and the Supported Employee must review their Employment Assistance Plan no less than every twelve months and when significant change occurs (e.g. work role or health status changes) A suggested Employment Assistance Plan is at Appendix D and a copy is also located on the Literature tab on FOFMS After the plan is developed and agreed to by both parties you must deliver the Activity to the Supported Employee in accordance with the agreed plan The Employment Assistance Plan must: a) comply with the Disability Services Standards (FaHCSIA) 2007; b) comply with these Guidelines; c) outline the planned Employment goals of the Supported Employee d) outline the hours of employment agreed by both the Supported Employee and the ADE; e) outline the training planned and delivered to address competency shortfalls identified during wage assessments; f) be revised as required by the circumstances of the Supported Employee or the Guidelines; and g) be signed by a representative of the Outlet and the Supported Employee (or the Supported Employee s Advocate or representative). 13. Outlet Capacity Outlet Capacity is the number of places in an Outlet funded by us. The Outlet Capacity for each of your Outlets is set out in Item B of the Schedule Cases on FOFMS that are in Draft, Started or Returned from Suspension are all classified as active and therefore take up Outlet Capacity. Cases that are Suspended or Exited do not take up Outlet Capacity We do not guarantee referrals to your Outlets or that you will operate at maximum Outlet Capacity. 21

22 13.4. You cannot subcontract your Outlet Capacity places to another organisation without our prior written consent We may conduct monthly reviews of places filled at your Outlet under Item B of the Schedule. If at review we find your Outlet is operating at less than 90% of your Outlet Capacity, over three or more months, this will be considered a breach of the Agreement If you breach the Agreement under Paragraph 13.5 and in accordance with Section 15 of the Act we may reduce your Outlet Capacity as specified in Paragraph You are responsible for promotion of Employment opportunities and filling of places at your Outlet to ensure you are operating at 90% of your Outlet capacity. 14. Stretch Capacity Stretch Capacity is a 10 per cent allowance on top of your Outlet Capacity places that is used when a Supported Employee who had previously been receiving Activities from you, and was Suspended or Exited from your Outlet, wishes to return to Work If more than half of your Supported Employees have a primary psychiatric disability, as recorded on FOFMS, then you may request that your Stretch Capacity be increased to 20 per cent for that Outlet by contacting the CBF Helpdesk as outlined in Paragraph To access Stretch Capacity places, the Supported Employee must return from Suspension or Exit within 12 months of the initial Suspension or Exit, or within two years of the initial Suspension or Exit if the Supported Employee is returning from accessing Open Employment Stretch Capacity places cannot be filled by new Supported Employees who have not previously received the Activity from you We may use Stretch Capacity to allow a Supported Employee to Return from Suspension if they are returning from accessing Open Employment within two years of the initial Suspension or Exit. 15. Intake Fee An Intake Fee is paid when a new Supported Employee s Intake Assessment is Authorised on FOFMS. Prior to Starting a new Supported Employee you are obliged to ensure they consent to the disclosure of personal information by completion of a Consent Form and/or you have complied with Information Privacy Principle 2 of the Privacy Act 1988 (Cth) The Supported Employee must be receiving the Activity at the time you authorise the Intake Assessment on FOFMS We will pay you the Intake Fee as specified at Attachment A of the Schedule after you Complete and Authorise a Supported Employee s Intake Assessment on FOFMS When you authorise the Intake Assessment on FOFMS, you have confirmed that the: a) Supported Employee (or their Advocate) has Consented to the disclosure of personal information and/or this Outlet has complied with the Privacy Act 1988 (Cth) as specified at Clause 16 of the Terms and Conditions; 22