Operational Guidelines - Disability Employment Assistance · 3 Operational Guidelines – Disability Employment Assistance (V3.7.2013) Acronyms and Abbreviations AAC Australian Apprenticeship

1 Operational Guidelines – Disability Employment Assistance (V3.7.2013)

Attachment C to Standard Funding Agreement Schedule

Operational Guidelines

Disability Employment Assistance

from 1 July 2013

Version No: 3

Date: July 2013


Contents

Acronyms and Abbreviations .................................................................................. 3

Definitions ................................................................................................................. 4 1. Preface 11 2. Program Overview – Services and Support for People with Disability 11 3. Activity Overview - Disability Employment Assistance 11 4. Quality Strategy and the Audit and Compliance Strategy 11

5. Eligible Activities 13 6. Supported Employees 13

7. Enhancing Performance 15 8. Acknowledgement and Promotion 17 9. ADE Responsibilities and Accountabilities 17 10. Case Based Funding (CBF) 19 11. CBF Model Summary 20

12. The Employment Assistance Plan 21 13. Outlet Capacity 21 14. Stretch Capacity 22 15. Intake Fee 22

16. Employment Assistance Phase 23 17. Disability Maintenance Instrument (DMI) 23

18. Employment Maintenance Phase 24 19. DMI Reassessments 24

20. Suspensions 25 21. Exits 26 22. Returns from Suspension/Exit 27

23. Rural and Remote Service Supplement 28 24. Work Based Personal Assistance Fees 28

25. Incentives for Australian Apprenticeships/Traineeships 30 26. Existing High Cost Worker Payment 31

27. Disputes and Complaints 32 28. Complaints Resolution and Referral Service 32 29. Additional actions available to us under this Agreement 33 30. Additional obligations regarding viability and governance 33

31. Additional obligations relating to varying this Agreement 34 32. FaHCSIA Online Funding Management System (FOFMS) 34 33. Contact Information - Where you can go for assistance 35 Appendices ............................................................................................................. 35


Acronyms and Abbreviations

AAC Australian Apprenticeship Centre

ADE Australian Disability Enterprise

ARIA Accessibility Remoteness Index of Australia

CBF Case Based Funding

CRN Centrelink Reference Number

CRRS Complaints Resolution and Referral Service

DEA Disability Employment Assistance

DEEWR Department of Education, Employment and Workplace

Relations

DMI Disability Maintenance Instrument

EHCW Existing High Cost Worker

FaHCSIA The Department of Families, Housing, Community Services and

Indigenous Affairs

FOFMS FaHCSIA Online Funding Management System

OC Outlet Capacity

RRSS Rural and Remote Service Supplement

Guidelines Operational Guidelines – Disability Employment Assistance

SSPD Services and Support for People with Disability

TRS Training Recognition System

WBPA Work Based Personal Assistance


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.


‘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 email to assist you with any Case Based Funding queries.

‘Centrelink’ means the agency established under the Commonwealth Services Delivery Agency Act 1997.

‘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):


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;


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).


‘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 2006.

‘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) 2007.


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) 2007.

‘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.


‘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.


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). 1.2. The Guidelines and its Appendices provide the framework for the provision and

administration of Employment Assistance and form part of this Agreement. 1.3. 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.

2.2. 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.

2.3. 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) 2007.

3.2. The Activity is delivered by organisations that support employees with disability in Australian Disability Enterprises (ADEs).

3.3. 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.

3.4. 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 self-esteem and well-being associated with employment.

3.5. Australian Disability Enterprises are funded under the Act.

4. Quality Strategy and the Audit and Compliance Strategy

Quality Strategy for Disability Employment


4.1. The Quality Strategy includes a quality assurance system that passed into law in 2002. It requires services funded under the Act to be independently assessed and certified as complying with the Disability Services Standards (FaHCSIA) 2007. All disability employment services must meet the requirements of the independent quality assurance system to receive Funding under this Agreement.

4.2. 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.

4.3. 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) 2007.

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.

4.4. Information on the Quality Strategy for Disability Employment is available on our website www.fahcsia.gov.au

http://www.fahcsia.gov.au/sa/disability/progserv/providers/Pages/QualityStrategyDisabilityEmploymentServices.aspx


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.

4.6. 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.

4.7. 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.

5.2. 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. 6.2. 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 12.

6.4. 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


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.

6.6. 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.

6.7. 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.

6.8. 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.

6.9. 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

6.10. 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.

6.11. 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.

6.12. 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.

6.13. 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:


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.

6.14. 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.

6.15. Your obligations to retain records under this Agreement are not limited by Paragraph 6.

6.16. 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

6.17. 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.

6.18. 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.

7.2. 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.

7.3. 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


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.

7.7. 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.

7.8. 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.

7.9. 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

7.10. 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.

7.11. 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.


Entering Weekly Wages and Hours on FOFMS

7.12. 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

7.13. 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 12.

8. 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.

8.2. 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.

9.2. 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.

9.3. 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.


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. 9.6. 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. 9.7. 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.

9.8. The Activity will be provided by your Outlet to people with disability including within the Target Group in accordance with this Agreement.

9.9. You cannot use vacant Outlet Capacity at an Outlet to employ Supported Employees at another Outlet.

9.10. The Activity must only be provided to a Supported Employee at the Outlet specified against their Case on FOFMS.

9.11. 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).

9.12. 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.

9.13. 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.

9.14. 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

9.15. You must pay your Supported Employees wages applicable to their Employment situation in accordance with KPI 9.1 of the Disability Services Standards (FaHCSIA) 2007.

9.16. You must pay wages to all Supported Employees from the commencement of their Employment Assistance Phase (Intake Completion Date).

Fees


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.

9.18. 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

9.19. 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

9.20. You must conduct the Activity at the minimum standards set by the Service Guarantee as provided for in Attachment B to the Schedule.

9.21. You must prominently display the Service Guarantee in your Outlet and make it available to potential and existing Supported Employees.

9.22. 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) 10.1. 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.

10.2. CBF is an outcomes based funding model, where funding is paid on the achievement of certain milestones under this Agreement.

10.3. 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.

10.4. 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.

10.5. 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.


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

10.7. CBF is only to be used for the provision of the eligible activities under Paragraph 5.

10.8. 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.

10.9. 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 11.1. 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.

11.2. When a person with disability is seeking Employment, they can present directly to you or via Centrelink.

11.3. Check you have vacancies in your Outlet (Outlet Capacity) to assist the person with a disability and that all eligibility requirements are met.

11.4. On accepting a Supported Employee for Employment, you must seek their Consent.

11.5. 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.

11.6. 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.

11.7. 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.

11.8. 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.

11.9. You will receive an Employment Maintenance Fee each month you continue to provide the Activity to the Supported Employee.


11.10. Complete an Employment Assistance Plan with the Supported Employee within the first four months of Employment.

11.11. If the Supported Employee’s circumstances change, as outlined in the DMI Reassessment Triggers Table, you may complete a DMI Reassessment.

11.12. 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.

11.13. A Supported Employee may Exit the Outlet at any time. If this occurs, you must immediately Exit the Supported Employee’s Case on FOFMS.

11.14. 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.

11.15. 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 12.1. You must develop an Employment Assistance Plan with each Supported

Employee who accesses your service, within four months of their Intake Assessment.

12.2. 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).

12.3. A suggested Employment Assistance Plan is at Appendix D and a copy is also located on the Literature tab on FOFMS.

12.4. 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.

12.5. 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 13.1. 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. 13.2. 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.

13.3. We do not guarantee referrals to your Outlets or that you will operate at maximum Outlet Capacity.


13.4. You cannot subcontract your Outlet Capacity places to another organisation without our prior written consent.

13.5. 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.

13.6. 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 29.

13.7. 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 14.1. 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.

14.2. 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 33.

14.3. 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.

14.4. Stretch Capacity places cannot be filled by new Supported Employees who have not previously received the Activity from you.

14.5. 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

15.1. 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).

15.2. The Supported Employee must be receiving the Activity at the time you authorise the Intake Assessment on FOFMS.

15.3. 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.

15.4. 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;


b) Supported Employee’s 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 your Outlet; 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

developed an Employment Assistance Plan; and g) information contained in the Intake Assessment is true and correct.

15.5. Only one Intake Fee is payable for each Case on FOFMS for a Supported Employee. An Intake Fee is not paid when a Supported Employee returns from a Suspension or Exit as outlined in paragraph 22.1.

15.6. No fees are payable to you prior to authorisation of the Intake Assessment on FOFMS.

16. Employment Assistance Phase 16.1. Employment Assistance Fees are paid monthly in arrears, as specified at

Attachment A of the Schedule, while the Supported Employee Aims to Work at least eight hours per week.

16.2. Employment Assistance Phase covers a maximum period of 12 months. Periods of Suspension are not included in the 12 month period.

16.3. You will continue to receive Employment Assistance payments for a maximum of 12 months or until the Supported Employee achieves an Employment Outcome.

16.4. An Employment Outcome is defined as 13 weeks of cumulative employment for a minimum of 8 hours per week achieved within 12 months of entering the service.

16.5. If your Outlet’s full-time hours for one Business Operating Day are less than eight hours per day but equal to or greater than seven hours per day and a Supported Employee only works only one full day per week, then this can count as meeting the eight hours per week requirement under this Agreement. This avoids the situation where your Outlet would otherwise need to bring a Supported Employee back to Work for another hour each week in order to meet the eight hours per week requirement under this Agreement.

16.6. Refer to Paragraphs 20 and 21 for information on what you need to do when a Supported Employee is not Working the minimum of 8 hours (or one full Business Operating Day) per week.

17. Disability Maintenance Instrument (DMI) 17.1. The Disability Maintenance Instrument (DMI) is used to determine a Supported

Employee’s individual work-related support needs. The DMI Assessment is completed on FOFMS.

17.2. In order to complete a DMI Assessment it is necessary to compile evidence and assess the Supported Employee as per the DMI Guidelines.

17.3. The DMI Assessment must be finalised immediately a Supported Employee achieves an Employment Outcome, otherwise you may be deemed to be in breach of the Agreement.

17.4. A Supported Employee has up to 12 months from their Intake Assessment to achieve an Employment Outcome excluding periods of Suspension. If the DMI Assessment is not finalised within 12 months of Starting, then the Supported Employee must be Exited on FOFMS Immediately.


17.5. The DMI Assessment Guidelines at Appendix B will assist you with finalising the DMI Assessment and help you meet your obligations under this Agreement.

17.6. The DMI Assessment score determines the Employment Maintenance Fees payable for a Supported Employee. The DMI Assessment details the assistance you have provided to the Supported Employee and must be supported by documentary evidence.

17.7. The DMI Assessment Completed and Authorised by you and submitted to us on FOFMS for scoring is final and cannot be changed other than through a DMI Reassessment in accordance with the DMI Guidelines.

17.8. A DMI Assessment, Reassessment or classification of payment levels under this Agreement will be made at our absolute discretion and there is no appeal or review process for Assessments, Reassessments or classification of payment levels.

17.9. On completion of a Supported Employee’s assessment under the DMI you must Authorise the Completed assessment. The final process of a DMI is when the Completed DMI template is Authorised on FOFMS. The DMI process is not considered to be finalised until the DMI is Authorised.

17.10. You may make details of completed DMI Assessments relating to a Supported Employee available to them if requested by them, but may not release any copy of those assessments without our permission.

17.11. Information about the process for the DMI Assessment and classification of payment levels under these Guidelines, or any Reassessment, will not be disclosed to you except as allowed by the Guidelines.

17.12. If you come into possession any information about the process for the Assessment and classification of payment levels, including a clearly inadvertent disclosure by us, you must return that information to us immediately and retain no copy of it.

18. Employment Maintenance Phase 18.1. 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.

18.2. Employment Maintenance Fees are paid at one of four funding levels based on the Supported Employee’s DMI Assessment score while the Supported Employee continues to Work the minimum hours as detailed in Paragraphs 16.1 and 16.5 and receives the Activity from you.

18.3. Employment Maintenance Fee levels are set out in Attachment A to the Schedule.

18.4. A DMI Assessment has no retrospective effect and will not be backdated to any point in time.

18.5. No Employment Maintenance Fees are payable to you prior to the correct Authorisation of the DMI Assessment on FOFMS.

19. DMI Reassessments 19.1. You must undertake a DMI Reassessment if directed by us. This type of DMI

Reassessment is a FaHCSIA-initiated DMI Reassessment. 19.2. A DMI Reassessment can also be undertaken if you or the Supported Employee,

their family or carer requests that a DMI Reassessment takes place in accordance with the DMI Reassessment Triggers Table as described in the DMI Guidelines. This type of DMI Reassessment is an Organisation-initiated DMI Reassessment.


19.3. DMI Reassessments must be Completed and Authorised by you using the DMI Reassessment template on FOFMS.

19.4. The DMI Assessment Guidelines at Appendix B will assist you with completing DMI Reassessments.

19.5. You must be able to provide evidence of the Trigger that created the need to complete a DMI Reassessment.

19.6. In order to complete a DMI Reassessment it is necessary to compile evidence and assess the Supported Employee as per the DMI Guidelines.

19.7. As part of a DMI Reassessment process, you must also:

a) Complete a new Consent Form prior to collecting any evidence; and b) update the Employment Assistance Plan for the Supported Employee to

whom the DMI Reassessment relates as soon as the DMI is finalised.

19.8. The final process in the DMI Reassessment is when the DMI is Authorised on FOFMS. The DMI process is not considered finalised until the Reassessment is Authorised.

19.9. A DMI Reassessment may not result in a change in our Funding to you. 19.10. You may Complete and Authorise a DMI Reassessment only after a minimum of

three months has elapsed from the date a previous DMI Assessment/Reassessment was Authorised on FOFMS.

19.11. If a DMI Reassessment results in a change in the Employment Maintenance Fee payable for a Supported Employee, the new Employment Maintenance Fee will be paid on the next Case Anniversary Date following the Authorisation of the DMI Assessment.

19.12. A DMI Reassessment has no retrospective effect and cannot be backdated.

20. Suspensions 20.1. If a Supported Employee is not at Work or is unable to Work the minimum of 8

hours per week for any reason, for a period which will be, or which you reasonably expect to be, longer than one month, then you must Suspend the Supported Employee’s Case on FOFMS Immediately. Exceptional circumstances are outlined in Paragraph 20.6.

20.2. When you are advised in advance of a period of absence of more than one month by letter/email or conversations with the Supported Employee or their carer, then you must Suspend the Case on FOFMS on the Supported Employee’s last day of Work.

20.3. There are circumstances where you may not be aware of the period of absence in advance. In these instances the Case must be Suspended on FOFMS in the first instance that either:

a) you are advised of the expected duration of the absence being more than one month; or

b) one month has elapsed if you are not advised of the period of absence.

20.4. You must retain evidence on file of any advice that a Supported Employee will be absent and any attempts you have made to contact a Supported Employee or their carer. If a Supported Employee is absent due to workers’ compensation, sick leave or maternity leave you must also retain evidence on their file.


20.5. The period of a Suspension under Paragraph 20.1 is a minimum of one month to a maximum of 12 months. For periods greater than 12 months refer to Paragraph 21.

20.6. The minimum period of Suspension is extended to two months over a Christmas shutdown period or for Supported Employees on maternity leave, sick leave or who are being paid workers ’ compensation.

20.7. We will Suspend or direct you to Suspend a Supported Employee’s Case if we become aware you are no longer providing the Activity to a Supported Employee or we become aware the Supported Employee is no longer working the minimum required hours per week.

20.8. We may terminate the Agreement if you fail to Suspend a Supported Employee’s Case on FOFMS when required to do so under this Agreement.

20.9. Any overpayments that arise through your failure to Suspend a Supported Employee’s Case on FOFMS when required will be treated as a recoverable amount in accordance with Clause 11 of the Terms and Conditions and Paragraph 10.4 of these Guidelines.

20.10. You must provide an accurate Suspension reason when you Suspend a Supported Employee’s Case on FOFMS. A list of Suspension reasons and descriptions is available from the Literature tab on FOFMS.

20.11. You must not Suspend Supported Employees to manage the workload, assistance or Outlet Capacity places available within Your Outlet.

20.12. We will make no payment for any Activities that are provided to a Supported Employee who is Suspended.

21. Exits 21.1. When you become aware that a Supported Employee will not be at Work or is

unable to Work the minimum of 8 hours per week for any reason, for a period which is, or which you reasonably expect to be, longer than 12 months then you must Exit the Supported Employee’s Case on FOFMS Immediately.

21.2. When you are advised of an Exit in advance by letter/email, conversations with the Supported Employee or their carer etc. then you must Exit the case on FOFMS on the Supported Employee’s last day of work.

21.3. There are circumstances where you may not be made aware of an Exit in advance. In these circumstances the Case is Exited in the first instance that either:

a) the Supported Employee or their family or carer advise they are no longer employed by you; or

b) 12 months has elapsed following the Suspension of the Case on FOFMS.

21.4. You must Exit a Supported Employee on FOFMS Immediately if:

a) the Supported Employee no longer requires the Activity from your Outlet; b) the Supported Employee is not able to Work the minimum eight hours per

week (and where a Suspension is not appropriate); c) the Supported Employee is no longer Employed by you; d) you do not accept the Funding level for a Supported Employee as

determined by us; e) we instruct you to Exit the Supported Employee;


f) a DMI Assessment has not been submitted by you to us for the Supported Employee within 12 months of the Intake Completion Date (plus periods of Suspension if any); and

g) the Supported Employee has not returned from Suspension within 12 months.

21.5. You must retain evidence on file of any advice that a Supported Employee will be absent and any attempts you have made to contact the Supported Employee.

21.6. FaHCSIA will Exit or direct you to Exit a Supported Employee’s Case if we become aware you are no longer providing the Activity to a Supported Employee.

21.7. Any overpayments that arise through your failure to Exit a Supported Employee’s Case on FOFMS will be recovered in accordance with Clause 11 of the Terms and Conditions and Paragraph 10.4 of these Guidelines.

21.8. You must provide an accurate Exit reason when you Exit a Supported Employee’s Case on FOFMS. A list of Exit reasons and descriptions is available from the Literature tab on FOFMS.

21.9. You must not Exit Supported Employees to manage the workload, assistance or Outlet Capacity places available within Your Outlet.

21.10. We will make no payment for any Activities that are provided to a Supported Employee who has exited.

21.11. If you have ceased to provide the Activity to a Supported Employee, you must comply with any direction by us to transfer the Supported Employee’s records relating to the Activity either to us or to another Australian Disability Enterprise or any other person as determined by us.

22. Returns from Suspension/Exit 22.1. If a Supported Employee is Suspended/Exited then recommences with the same

Outlet within 12 months (or within two years if returning from accessing Open Employment), from the date of the Supported Employee’s Suspension or Exit on FOFMS, you must treat the Supported Employee as recommencing with the Outlet as if the Supported Employee had Returned from Suspension, provided your Outlet has vacant Outlet Capacity or Stretch Capacity.

22.2. If a Supported Employee is Suspended/Exited then recommences with the same Outlet after 12 months (or after two years if returning from accessing Open Employment) from the commencement date of the Supported Employee’s Suspension or Exit, you must treat the Supported Employee as a new Supported Employee and you must create a new Case for the Supported Employee on FOFMS provided your Outlet has vacant Outlet Capacity.

22.3. The period of 12 months (or two years if returning from accessing Open Employment) commences from the first date on FOFMS of either the Suspension or Exit. If a case is Suspended on FOFMS and then changed to Exit, the 12 months starts from the date of the Suspension and not the date the status was changed to Exit. It is a combined period of absence from an Outlet.

22.4. If a Supported Employee is Exited or Suspended in accordance with Paragraphs 20 or 21 then returns to work earlier than expected, the Case may be Returned from Suspension Immediately. Return from Suspensions of this nature must comply with Paragraphs 20.11 and 21.9.

22.5. You must obtain and retain evidence that a Supported Employee has accessed Open Employment before they can be Returned from Suspension under Paragraph 22.1 after a period of more than 12 months.


22.6. You must update the Supported Employee’s Case on FOFMS when a Supported Employee has Returned from Suspension.

22.7. You must provide an accurate Return from Suspension reason when you return a Supported Employee’s record on FOFMS. A list of Return from Suspension reasons and descriptions is available from the Literature tab on FOFMS.

22.8. A Supported Employee can only return from Suspension/Exit if your Outlet has vacant Outlet Capacity, unless Paragraph 14 applies (i.e. relating to Stretch Capacity).

22.9. We will resume making payments to you when you return a Supported Employee’s Case from Suspension on FOFMS. The payments will commence on the Supported Employees next Case Anniversary Date, provided all other requirements under the Agreement have been met.

22.10. A payment under Paragraph 22.9 has no retrospective effect and will not be backdated.

23. Rural and Remote Service Supplement 23.1. Rural and Remote Service Supplement (RRSS) payments apply 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.

23.2. Outlets with an ARIA classification of ‘Highly Accessible’ are not eligible to receive RRSS.

23.3. Your ARIA Classification is shown at Item B to the Schedule for your Outlet. 23.4. RRSS payments are paid by us in arrears on a monthly basis, as detailed in

Attachment A of the Schedule. 23.5. If an Organisation has two or more Outlets operating at the same Location only

one will receive the RRSS. The eligible Outlet will be determined by us.

24. Work Based Personal Assistance Fees 24.1. Work Based Personal Assistance (WBPA) payments are available for Supported

Employees who, due to their physical or neurological disability or medical condition require 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.

24.2. To determine the type and amount of personal care requirements an assessment and written report must first be made by a qualified assessor.

24.3. The personal who performs an assessment in accordance with Paragraph 2.2:

a) is a person who:

i. is qualified as an occupational therapist; or ii. is a registered nurse; or


iii. holds a human services qualification in assessing personal care needs; and

b) provides you with a written report regarding whether in their reasonable opinion, due to the Supported Employee's physical or neurological disability or medical condition, the Supported Employee requires:

i. regular assistance whilst in Employment with feeding to mouth (transfer of food/liquid to the supported employee’s mouth) or feeding by tube and/or

ii. regular assistance whilst in Employment with personal hygiene such as care of catheter or toileting support;

iii. regular assistance in Employment from a registered nurse to administer medical interventions. If the Supported Employee requires medical assistance a registered nurse must assess this level of assistance.

24.4. The written report in accordance with Paragraph 2.3(b) is made by completion of the WBPA Requirements Form.

24.5. The WBPA Requirements Form is effectively an agreement between the Supported Employee and the Outlet about the WBPA needs of the Supported Employee and how these needs will be met. The provision of WBPA must also be included in the Supported Employee’s Employment Assistance Plan.

24.6. If the Supported Employee’s needs under Paragraph 2.1 change a new assessment must be completed.

24.7. If you receive a written report under Paragraph 2.2 confirming that a Supported Employee requires WBPA you must ensure the Supported Employee is provided with such assistance by an Approved Support Worker.

24.8. If a medical intervention is required, then it should be administered by a registered nurse.

24.9. WPBA claims can be submitted from the time the Supported Employee becomes eligible for funding through CBF until the Supported Employee either ceases Employment or no longer requires WBPA (whichever occurs first).

24.10. WBPA fees are payable in arrears upon receipt of a correctly completed WBPA Claim Form.

24.11. Any WBPA fees paid are reimbursed for the number of hours actually provided or purchased by you.

24.12. WBPA fees are paid at a rate specified in Attachment A of the Schedule according to who delivers the WBPA and the number of hours that have been directly provided or purchased.

24.13. You cannot claim and we will not pay for more than 10 hours of WBPA per Supported Employee per week to a maximum of 40 hours of WBPA per Supported Employee in a four week period.

24.14. WPBA cannot be claimed for support or hours above what the assessor has determined on the WBPA Requirement form.

24.15. General supports such as helping a Supported Employee with their lunch or verbal prompts to prepare or eat food (unless the food preparation is linked directly to feeding to mouth or by tube), monitoring or observing food intake, verbal prompts to go to the toilet or to wash hands, counselling, training or workshops on personal care or hygiene are covered in the DMI Assessment and


must not be recorded on a WBPA Requirement form or be claimed by you for a WBPA fee.

24.16. When WBPA is provided by an agency separate to you and the agency providing the WBPA has a minimum call out, that minimum call out may be included in the WBPA hours that you purchase from the agency.

24.17. For the purposes of verification, all WBPA that is provided or purchased must be recorded by you and you must:

a) maintain invoices for all WBPA purchased including hours and support provided; and

b) keep a record of the WBPA hours and support provided by you.

24.18. WBPA fees are not payable when a Supported Employee is Suspended or Exited.

24.19. WBPA are not payable if the WBPA form is submitted to us more than three months after the WBPA was provided.

24.20. A WBPA Fact Sheet is available from the Literature tab on FOFMS to help you further understand your responsibilities and requirements in regard to WBPA.

24.21. WBPA Claim Forms and Requirements Form are available from the Literature tab on FOFMS.

24.22. Completed and signed forms should be submitted to your Funding Agreement Manager.

25. Incentives for Australian Apprenticeships/Traineeships 25.1. When your Outlet employs a funded Supported Employee in an Australian

Apprenticeship/Traineeship, You may, subject to paragraph 25.3, claim the relevant Incentives for an Australian Apprenticeship/Traineeship in accordance with the accumulated number of weeks that the Supported Employee has worked as an Australian Apprentice/Trainee.

25.2. The Incentives for Australian Apprenticeship/Traineeship rates are set out in Attachment A of the Schedule.

25.3. To be eligible to claim the Incentives for Australian Apprenticeship/Traineeship, the Supported Employee must be working in a workplace as an Australian Apprentice/Trainee and the apprenticeship/traineeship must be:

a) recognised by the Australian Apprenticeship Centre (AAC) and an Australian Apprenticeship training agreement must be lodged with the relevant State and Territory Training Authority (STAs); or

b) school based apprenticeship/traineeship which is recognised by the Australian Apprenticeship Centre (AAC) and an Australian Apprenticeship training agreement must be lodged with the relevant State and Territory Training Authority (STAs).

25.4. If an Australian Apprenticeship/Traineeship is cancelled and the Supported Employee commences a second Australian Apprenticeship/Traineeship, you may claim the Incentives for Australian Apprenticeships/Traineeships in relation to the Supported Employee's second Australian Apprenticeship/Traineeship.

25.5. You must only claim Incentives for Australian Apprenticeships/Traineeships once for each Australian Apprenticeship/Traineeship.


25.6. You must, before commencing a Supported Employee in an Australian Apprenticeship/Traineeship ensure that the:

a) Australian Apprenticeship/Traineeship is recognised by the AAC; b) Australian Apprentice/Trainee has commenced work; c) Australian Apprentice/Trainee has signed an Australian

Apprenticeships training agreement with you; and d) commencement date of the Australian Apprenticeships training

agreement is the 'start date' of the Australian Apprenticeship/Traineeship.

25.7. We will not pay you any Incentives for Australian Apprenticeships/Traineeships if your claim for Incentives for Australian Apprenticeships/Traineeships is submitted to us more than three (3) months after an amount becomes payable under this Paragraph 25.

25.8. If we accept your claim for Incentives for an Australian Apprenticeship/Traineeship we may pay you the Incentives for Australian Apprenticeships/Traineeships in arrears.

25.9. You must exclude any periods of Suspension in your Incentives for Australian Apprenticeships/Traineeships claims for payment.

25.10. If, in accordance with Paragraph 25.11 the Supported Employee completes the Australian Apprenticeship/Traineeship early, You may claim the Incentives for Australian Apprenticeships/Traineeships for that year.

25.11. For the purposes of Paragraph 25.10, a Supported Employee completes an Australian Apprenticeship/Traineeship early if you confirm in writing to us that:

a) the training provider and employer agree that the Supported Employee has completed the trade/traineeship (e.g. formal training and on-the-job-competencies have been completed);

b) the training provider has sent confirmation in writing to the relevant state/territory education department stating that the Supported Employee has completed the trade/traineeship; and

c) the relevant state/territory education department has issued the Supported Employee with the relevant apprentice/trainee certificate and you have sighted such apprentice/trainee certificate.

25.12. Incentives for Australian Apprenticeships/Traineeships claim forms are available from the Literature tab on FOFMS. Completed and signed forms should be submitted to your Funding Agreement Manager.

26. Existing High Cost Worker Payment 26.1. 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 as set out in Attachment A of the Schedule.

26.2. 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.

26.3. Supported Employees eligible to receive an EHCWP will be determined by us (at our absolute discretion) and notified to you.

26.4. 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.

26.5. Eligible Supported Employees will continue to receive EHCWP until they no longer receive the Activity from you.

26.6. If a Supported Employee receiving EHCWP is Exited or Suspended and does not recommence within 12 months, or 24 months if returning from open employment, of the Exit or Suspension event, they are no longer entitled to EHCWP.

26.7. An EHCWP will not be paid while the Supported Employee is Suspended or Exited.

26.8. You cannot claim Work Based Personal Assistance Fees for Supported Employees receiving EHCWP.

26.9. EHCWPs are payable monthly in arrears and paid in addition to Employment Maintenance Fees, as detailed at Attachment A of the Schedule.

26.10. The EHCWP will cease if an EHCWP, as a result of a DMI Reassessment, is no longer assessed as an Employment Maintenance Fee Funding Level 4.

26.11. You can choose to cease payments under EHCWP and commence claiming Work Based Personal Assistance. You must notify us in writing of this decision.

26.12. Once a Supported Employee has ceased receiving EHCWP under 26.11 they are no longer eligible for any future EHCWP.

27. Disputes and Complaints 27.1. Australian Disability Enterprises are required to have complaints handling

procedures in place as part of meeting the Disability Services Standards (FaHCSIA) 2007 under the Act.

27.2. The Complaints Resolution and Referral Service is available to investigate complaints about Commonwealth Government funded Disability Employment Assistance and advocacy services.

27.3. Where a dispute arises between you and a Supported Employee, you must use your best endeavours to resolve the dispute in accordance with the relevant Outlet’s complaints resolution procedures and complaints and dispute policy as certified by your Certifying Body.

27.4. For further information about complaints and referrals please go to Section Four of our Quality Strategy Toolkit.

28. Complaints Resolution and Referral Service 28.1. At the time when you provide information and advice to Supported Employees

about making complaints, you must also give them information and contact details about the Complaints Resolution and Referral Service (CRRS)

28.2. You must cooperate with the CRRS and us to resolve complaints by:

a) providing any relevant documentation to CRRS or us related to the complaint (including policy and procedures, records, etc.);


b) allowing staff from the CRRS to access your premises to inspect relevant records; and/or

c) allowing your Supported Employees and your staff to be interviewed by CRRS staff.

28.3. You must also assist and allow your Supported Employees to access advocacy support to deal with a complaint or dispute.

29. Additional actions available to us under this Agreement 29.1. If we, at our absolute discretion, determine that you have not complied with any

aspect of, or nor not met your performance under this Agreement, including your response to any written notices, directions or questions from us, we may take any or all of the following actions:

a) state our concerns to you in writing, in a series of questions about your performance, which you must answer in writing within 10 Business Days, outlining the reasons for not meeting your performance targets;

b) issue a written direction to you that you take certain specific actions or measures to improve your performance and/or aimed at addressing any non-compliance, within a period of time specified by us;

c) direct you not to Start any further Supported Employees on FOFMS; d) reduce your Outlet Capacity; e) Exit a Supported Employee by notice to you, or direct you to Exit a

Supported Employee; f) Suspend a Supported Employee by notice to you, or direct you to

Suspend a Supported Employee; g) adjust any subsequent Funding you may receive to take into account

the shortfall in meeting your obligations, requirements and/or performance targets as specified at Clause 8 of the Terms and Conditions.

h) issue you with a written direction specifying that all or a proportion of your Funding, or any unexpended, or uncommitted Funding paid to you under this Agreement to be a debt due to us, and be treated as a recoverable amount for the purposes of Clause 11 of the Terms and Conditions and/or;

i) terminate this Agreement in accordance with Clause 23 of the Terms and Conditions.

30. Additional obligations regarding viability and governance 30.1. You warrant:

a) That you are solvent and financially viable and will provide us with any financial reports that we may request from time to time;

b) You warrant that your Constitution is not inconsistent with this Agreement;

c) You will notify us within 10 Business Days of any amendments to your Constitution which may, in your reasonable opinion, affect your eligibility for the Funding or capacity to comply with this Agreement; and


d) You must advise us in writing if you intend to change your corporate or ownership structure.

31. Additional obligations relating to varying this Agreement 31.1. Despite Clause 32 of the Terms and Conditions of this Agreement, if your

Funding is provided under the Act, we may, without your consent, vary the Agreement if, in accordance with Section 15 of the Act, the Minister varies the Agreement under Part II of the Act.

31.2. You must comply with all electronic notices and directions we make to you related to your performance of the Activity under this Agreement, including any notices and information contained in disAbility e-news publications.

32. FaHCSIA Online Funding Management System (FOFMS) 32.1. FOFMS is a web based system that assists in the management of our Funding

Agreements. This system is used to enter information about Supported Employees and the services they receive, and to claim payments.

32.2. Given the very sensitive nature of the data contained on FOFMS, the connection is secured and security, privacy and confidentiality of information and data are essential.

32.3. All FOFMS users have a responsibility to ensure that passwords are confidential and not shared. Personal passwords are regarded as sensitive and must be protected from disclosure and compromise. Logons and passwords are not transferable between staff due to the sensitive information on the system and the different roles that users may have on the system. Passwords must be a minimum of six characters and must be changed by the user immediately following a password reset. Users will be prompted to change their password every three months. If the password is not changed when required, the user account will be suspended.

32.4. Each FOFMS user must have an individual FOFMS logon ID. A user must not logon to FOFMS using another user’s password.

32.5. You should notify the FOFMS Helpdesk immediately when staff at your Outlet leave. You should complete the FOFMS System Access Request Form available on the FOFMS Literature Tab and choose the “Remove User” check box.

32.6. Cases on FOFMS must have up-to-date Caseworker information to ensure important information about FOFMS actions for these Cases is delivered correctly.

32.7. Any known or suspected attempts to obtain unauthorised access to FaHCSIA computing facilities or other attempts to bypass or defeat security must be reported immediately to the FOFMS Helpdesk.

32.8. To access FOFMS, providers must have a computer that, as a minimum, has:

a secure operating system (for example Windows 2000 or Windows XP, and Windows 7);

internet browser software - Netscape 7.02 or Internet Explorer up to IE 8, 5.01* (*5.5 if using Microsoft Windows ME operating system);

Adobe Flash Player7 or above to view our training materials;

a high-speed network connection (for example, ISDN, ADSL). A suggested minimum of 56kbps network bandwidth per active work-station is recommended;

an internet service provider;


an internet email account;

minimum of 128MB of RAM;

Intel® Pentium® II 450MHz or faster processor (or equivalent); and

screen resolution of 1024x768dpi.

33. Resources 33.1. ADEs should refer to the Guide to collecting and entering client and case

information available from the FOFMS Literature Tab when entering data for the Disability Employment Assistance Activity and the Disability Services Census.

33.2. There are a number of Task Cards also available on the FOFMS Literature Tab which contains step-by-step instructions on entering information and completing assessments on FOFMS.

34. Contact Information - Where you can go for assistance 34.1. For FOFMS technical queries and assistance with passwords you will need to

contact our FOFMS Help Desk on 1800 020 283 or e-mail [email protected].

34.2. For help with the day-to-day management of Supported Employee records on FOFMS you should contact our CBF Helpdesk on 1800 034 887 or email [email protected].

34.3. For other questions relating to the funding agreement, or if you disagree with a position by us relating to your payments, or you have any other queries, you may contact your Funding Agreement Manager.

Appendices

A Disability Employment Assistance Entry and Access

B DMI Guidelines Version 6

C Client Consent Information and Client Consent Form

D Employment Assistance Plan Template

mailto:[email protected]

Documents

Operational Guidelines - Disability Employment Assistance · 3 Operational Guidelines – Disability Employment Assistance (V3.7.2013) Acronyms and Abbreviations AAC Australian Apprenticeship