Disability Services (Administration of Part Ii of the Act) Guidelines 2002 (Cth)
Disability Services (Administration of Part II of the Act) Guidelines 2002
I, AMANDA ELOISE VANSTONE, Minister for Family and Community Services, make these Guidelines under subsection 5 (1) of the Disability Services Act 1986.
Dated 19 June 2002
AMANDA VANSTONE
Minister for Family and Community Services
Contents
Part 1 Preliminary
1 Name of Guidelines 3
2 Commencement 3
3 Revocation 3
4 Purpose of these Guidelines 3
5 Interpretation 4
Part 2 Approval of additional classes of services
6 Consultation before approving an additional class of services 6
7 Considerations before approving an additional class of services 6
8 When the Minister approves an additional class of services 6
Part 3 Matters relevant to making grants for new services
Division 1 Preliminary
9 Grants in relation to which this Part applies 8
10 Needs‑based planning approach to making grants for new services 8
Division 2 Funding priorities
11 Minister must establish funding priorities 8
12 Process for determining priorities for making grants for new services 9
Division 3 Announcing available moneys
13 Moneys available for making grants for new services 9
Division 4 Applications for grants for new services
14 Applications and closing dates for applications 9
15 Officers of the Department may encourage applications 10
16 Applications for grants for new services to be in writing 10
17 Plans to be provided for certain applications 10
18 Giving notice of intention to obtain certificate of compliance 11
19 Acknowledgment of applications for grants for new services 12
20 Assessing applications for grants for new services 12
21 Determining and varying the day by which an organisation must obtain certificate of compliance 12
22 Certificates of compliance 14
23 Approving applications for grants for new services 14
24 Notifying applicants of funding decisions 14
25 Application for varying the day determined by the Minister 15
Part 4 Matters relevant to making certain grants other than grants for new services
26 Grants in relation to which this Part applies 16
27 Applications for grants to be in writing 16
28 Plans to be provided for certain applications 16
29 Giving notice of intention to obtain certificate of compliance 17
30 Acknowledgment of applications for grants 17
31 Assessing applications for grants 17
32 Determining and varying the day by which an organisation must obtain certificate of compliance 17
33 Certificates of compliance 18
34 Approving applications for grants 18
35 Notifying applicants of funding decisions 18
36 Application for varying the day determined by the Minister 19
Part 5 Development of standards, key performance indicators, performance monitoring processes and processes for applying sanctions
37 Determining standards, key performance indicators and processes 20
Part 6 Miscellaneous
38 Availability of information 21
39 Delegation 21
Part 1 Preliminary
Name of Guidelines
These Guidelines are the Disability Services (Administration of Part II of the Act) Guidelines 2002.
Note 1 These Guidelines do not apply to the administration of any State or Territory Disability Services Act.
Note 2 For matters relating to rehabilitation programs, see the Disability Services (Rehabilitation Programs) Guidelines 2002.
Commencement
These Guidelines commence as provided under section 5 of the Act.
Revocation
The Guidelines for the Administration of Part II of the Disability Services Act, formulated on 5 November 1992, are revoked.
Purpose of these Guidelines
(1) The purpose of these Guidelines is:
(a) to promote fair, open, consistent and accountable decision-making; and
(b) to inform the community of:
(i) the decision-making processes to be followed; and
(ii) the factors to be considered in making decisions under the Act; and
(c) to assist interested parties in their applications for grants; and
(d) to promote and encourage the provision of services in areas and communities of greatest relative need; and
(e) to facilitate the development of services for people most in need; and
(f) to promote the efficient and effective administration of Part II of the Act.
(2) These Guidelines provide direction for administering the Act, with due regard to:
(a) the limited resources available to provide services and programs under the Act; and
(b) the need to consider equity and merit in allocating those resources.
Interpretation
(1) In these Guidelines:
Act means the Disability Services Act 1986.
Commonwealth State Territory Disability Agreement means the agreement, between the Commonwealth on one part and the States and Territories on the other part, concerning the provision and funding of a range of services for people with a disability.
officer of the Department means an APS employee in the Department responsible for performing functions under these Guidelines.
organisation means a State or an eligible organisation.
service provider means an organisation receiving a grant of financial assistance, under Part II of the Act, to provide a service for persons in the target group.
target group has the meaning given by subsection 8 (1) of the Act.
Note Unless the contrary intention appears, expressions used in these Guidelines and in the Act have the same meaning as in the Act (see subsection 46 (1) of the Acts Interpretation Act 1901).
(2) For the purposes of these Guidelines, a grant of financial assistance is a grant for a new service if:
(a) it is a grant under section 10 of the Act and, at the time of approval of the grant, funding in respect of the service:
(i) is not being provided under the Act and is not being transferred from another Commonwealth, State or local government program; or
(ii) is being provided under the Act, but the grant represents a real increase in the level of funding and will enable an increased number of people with a disability to be supported by the service; or
(b) it is a grant under section 12AB of the Act, and the grant represents a real increase in the level of funding in respect of the service and will enable an increased number of people with a disability to be supported by the service; or
(c) it is a grant under section 12AD of the Act and, at the time of approval of the grant, funding in respect of the service:
(i) is not being provided under the Act and is not being transferred from another Commonwealth, State or local government program; or
(ii) is being provided under the Act, but the grant represents a real increase in the level of funding and will enable an increased number of people with a disability to be supported by the service.
(3) For subsection (2), funding in respect of the service is being provided under the Act if:
(a) a grant (the previous grant) has been approved under the Act in respect of the service in relation to the financial year immediately before the financial year in relation to which the grant is sought; and
(b) the previous grant has not been terminated under the terms and conditions of the grant.
Part 2 Approval of additional classes of services
Consultation before approving an additional class of services
Before the Minister approves an additional class of services under section 9 or 9A of the Act, he or she must ensure that an adequate number of people with a disability, their families and advocates, service providers and interested others are consulted to enable the Minister to determine:
(a) the extent to which approving the proposed class of services will further the objects set out in section 3 of the Act and the principles and objectives formulated under section 5 of the Act; and
(b) the extent to which services included in the proposed class of services will meet the needs of people with a disability.
Considerations before approving an additional class of services
(1) Before the Minister approves an additional class of services under section 9 or 9A of the Act, he or she must:
(a) consider the results of the consultation conducted under section 6; and
(b) be satisfied that the proposed class of services will be sufficiently flexible to be responsive to the needs of a wide range of people in the target group; and
(c) be satisfied that services included in the proposed class of services would be cost effective; and
(d) be satisfied that any provisions of the Commonwealth State Territory Disability Agreement applicable to the approving of additional classes of services have been complied with.
(2) However, paragraph (1) (b) does not preclude a class of services from including individual services that make use of a specific service delivery approach that is only appropriate for people with particular functional support needs.
When the Minister approves an additional class of services
When the Minister approves an additional class of services under section 9 or 9A of the Act, he or she must:
(a) set out in the approval a definition or description (or both, if appropriate) of the additional class of services; and
(b) if the additional class of services is an eligible service:
(i) consider whether the eligibility standards are appropriate for that class of services; and
(ii) if the standards are not appropriate — determine standards under paragraph 5A (1) (a) of the Act that are appropriate; and
(c) if the additional class of services is an employment service:
(i) consider whether the disability employment standards, and the key performance indicators approved for those standards, are appropriate for that class of services; and
(ii) if the standards are not appropriate — determine standards under paragraph 5A (1) (b) of the Act that are appropriate; and
(iii) if the key performance indicators are not appropriate — approve key performance indicators under subsection 5A (2) of the Act that are appropriate.
Note Before the Minister determines standards, and approves key performance indicators, under section 5A of the Act, the Minister must comply with section 37 regarding consultation.
Part 3 Matters relevant to making grants for new services
Division 1 Preliminary
Grants in relation to which this Part applies
This Part applies in relation to grants for new services.
Note For the meaning of grant for a new service, see subsections 5 (2) and (3).
Needs‑based planning approach to making grants for new services
(1) This Part provides for a needs‑based planning approach to making grants for new services.
(2) This planning approach will enable new services to be developed and funded in those areas and communities where they are most needed by people with a disability to assist them achieve positive outcomes, such as increased independence, employment opportunities and integration in the community.
Division 2 Funding priorities
Minister must establish funding priorities
(1) The Minister must, at least once every 3 years, approve and publicly make known funding priorities in each State for the making of grants for new services.
(2) The funding priorities approved by the Minister under subsection (1) may include:
(a) services that ensure a priority of access to specified populations of people with a disability (for example, people of Aboriginal and Torres Strait Islander descent, people from non-English speaking backgrounds, people with higher support needs, people with aged or frail carers, people in rural or remote areas); or
(b) services for specified geographic regions or localities; or
(c) specified classes of services; or
(d) services that have specified characteristics or meet specified criteria; or
(e) a combination of any of the services mentioned in paragraphs (a) to (d).
Process for determining priorities for making grants for new services
Before the Minister approves the funding priorities for a particular State under section 11, the Minister must:
(a) ensure that an adequate number of people with a disability, their families and advocates, service providers and interested others are consulted to provide the Minister with an indication of the appropriate funding priorities in that State for the making of grants for new services; and
(b) consider the results of the consultation; and
(c) consider the available statistical data on the existing supply of, and need for, disability services; and
(d) if the State and Commonwealth have signed a bilateral agreement under the Commonwealth State Territory Disability Agreement, consider the results of any joint planning processes conducted in accordance with those agreements.
Division 3 Announcing available moneys
Moneys available for making grants for new services
(1) After the Parliament has appropriated moneys for the making of grants under Part II of the Act, the Minister must publicly make known the total funds available to each State for the making of grants for new services.
(2) In announcing the total funds available to each State, the Minister may specify that some or all of the funds are available only for the making of grants for one or more classes of services.
Division 4 Applications for grants for new services
Applications and closing dates for applications
(1) In respect of each State where funds have been made available for the making of grants for new services, officers of the Department must seek applications for grants for new services, and in so doing they must:
(a) make known the amount or amounts of money available for the making of grants for new services; and
(b) make known the approved funding priorities; and
(c) make known any selection criteria, determined by the Minister, that will be used to assess and rank applicants; and
(d) determine and make known closing dates for lodging applications.
(2) Selection criteria made known under paragraph (1) (c) may include any of the following:
(a) the extent to which making a grant would further the objects of the Act and the principles and objectives formulated under the Act;
(b) the extent of benefit for people with a disability who would use the service, including:
(i) the outcomes to be achieved for people with a disability; and
(ii) how closely these outcomes match the needs of people who would use the service;
(c) whether the service can reasonably be expected to be financially viable within expected income;
(d) whether the service can reasonably be expected to deliver cost effective outcomes for people with a disability.
Officers of the Department may encourage applications
Officers of the Department may actively encourage organisations to provide services that would fall within the funding priorities approved by the Minister under section 11.
Applications for grants for new services to be in writing
An organisation wishing to receive a grant for a new service must make a written application to the Department.
Plans to be provided for certain applications
Financial assistance for eligible services
(1) If subparagraph 10 (3) (b) (i) of the Act is relevant to the Minister’s decision whether or not to make the grant, the organisation applying for the grant must provide a sound and practical plan for enabling the organisation to meet, within a reasonable time-frame, the eligibility standards in respect of the provision of the service, that:
(a) specifies the steps to be taken to enable the organisation to meet the standards; and
(b) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(c) indicates the target days for completing the steps.
Note Under subparagraph 10 (3) (b) (i) of the Act, the Minister must not approve the making of a grant unless the organisation will meet the eligibility standards in respect of the provision of the service by the day determined by the Minister which, under subsection 10 (4A) of the Act, cannot be more than 12 months later than the day on which the Minister approves the making of the grant.
Transitional financial assistance for employment services
(2) If the application is for a grant under section 12AB of the Act and the organisation applying for the grant is not receiving a grant under that section in respect of the service, the organisation must provide a sound and practical plan for obtaining, within a reasonable time-frame but not later than 31 December 2004, a certificate of compliance in respect of the service, that:
(a) states the progress (if any) made for obtaining the certificate; and
(b) specifies the steps to be taken for obtaining the certificate; and
(c) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(d) indicates the target days for completing the steps (including the target day by which the certificate will be obtained).
Financial assistance for employment services
(3) If subparagraph 12AD (2) (b) (ii) of the Act is relevant to the Minister’s decision whether or not to make the grant, the organisation applying for the grant must provide a sound and practical plan for obtaining, within a reasonable time-frame, a certificate of compliance in respect of the service, that:
(a) states the progress (if any) made for obtaining the certificate; and
(b) specifies the steps to be taken for obtaining the certificate; and
(c) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(d) indicates the target days for completing the steps (including the target day by which the certificate will be obtained).
Note 1 Under subparagraph 12AD (2) (b) (ii) of the Act, the Minister must not approve the making of a grant unless the organisation has given a notice stating its intention to seek to obtain a certificate of compliance on or before the day determined by the Minister which, under subsection 12AD (4) of the Act, cannot be later than 12 months after the day on which the grant is approved.
Note 2 If a plan is required under this section, the Minister cannot properly make a determination under subsection 10 (4A), 12AB (3) or 12AD (4) of the Act unless the required plan is provided, and under subparagraph 10 (3) (b) (i), 12AB (2) (b) (ii) or 12AD (2) (b) (ii) of the Act, if the Minister has not made the determination, the Minister cannot approve the making of a grant.
Giving notice of intention to obtain certificate of compliance
(1) For subparagraphs 12AB (2) (b) (ii) and 12AD (2) (b) (ii) of the Act, the written notice to the Minister must be:
(a) in a form approved by the Secretary for the purpose of this paragraph; and
(b) given to the Department.
Note Under subparagraphs 12AB (2) (b) (ii) and 12AD (2) (b) (ii) of the Act, the Minister must not approve the making of a grant unless the notice has been given.
(2) For subparagraph 12AB (2) (b) (ii) of the Act, if an organisation has, in relation to a previous application for a grant, given to the Minister a notice in accordance with subsection (1), stating its intention to seek to obtain, on or before the day determined by the Minister for the purpose of a new application for a grant, a certificate of compliance in respect of the service for which the new grant is sought, the organisation is taken to have given notice for the purpose of the new application.
Acknowledgment of applications for grants for new services
Within 21 days of receiving an application for a grant for a new service, an officer of the Department must write to the applicant:
(a) acknowledging receipt of the application, and advising the applicant when a decision concerning the application is expected to be made; or
(b) advising the applicant that the funding being sought cannot be provided under the Act, and explaining why it cannot be provided.
Assessing applications for grants for new services
An application for a grant for a new service must be considered against the available moneys for making grants for new services, having regard to:
(a) the extent to which the application would address 1 or more of the funding priorities approved by the Minister under section 11; and
(b) the extent to which the application meets the selection criteria made known under paragraph 14 (1) (c).
Determining and varying the day by which an organisation must obtain certificate of compliance
(1) In making a determination, for the purposes of subparagraph 12AB (2) (b) (i) of the Act, fixing a day by which an organisation must obtain a certificate of compliance in respect of the service for which the grant is sought, the Minister must take into account:
(a) if the organisation is not receiving a grant under section 12AB of the Act in respect of the service:
(i) the progress made by the organisation for obtaining the certificate, as stated in the plan provided by the organisation under section 17; and
(ii) the steps to be taken by the organisation for obtaining the certificate, as stated in the plan; and
(iii) whether the organisation can reasonably be expected to obtain the certificate by the target day stated in the plan, or by an earlier or later day; or
(b) if the organisation is receiving a grant (the previous grant) under section 12AB of the Act in respect of the service:
(i) the day determined by the Minister, in relation to the previous grant, to be the day by which the organisation must obtain the certificate; and
(ii) if the Minister has, under subsection 12AB (3) of the Act, varied the determination — the later day fixed by the Minister.
Note Under subsection 12AB (3) of the Act, the day specified in the determination cannot be later than 31 December 2004.
(2) In varying a determination, for the purposes of subparagraph 12AB (2) (b) (i) of the Act, fixing a later day by which an organisation must obtain a certificate of compliance in respect of the service for which the grant is sought, the Minister must take into account:
(a) the progress made by the organisation for obtaining the certificate, as stated in the plan provided by the organisation under section 25; and
(b) the steps to be taken by the organisation for obtaining the certificate, as stated in the plan; and
(c) whether the organisation can reasonably be expected to obtain the certificate by the target day stated in the plan, or by an earlier or later day.
Note Under subsection 12AB (3) of the Act, the day specified in the determination as varied cannot be later than 31 December 2004.
(3) In making or varying a determination, for the purposes of subparagraph 12AD (2) (b) (ii) of the Act, fixing a day by which an organisation must obtain a certificate of compliance in respect of the service for which the grant is sought, the Minister must take into account:
(a) the progress made by the organisation for obtaining the certificate, as stated in the plan provided by the organisation under section 17 or 25; and
(b) the steps to be taken by the organisation for obtaining the certificate, as stated in the plan; and
(c) whether the organisation can reasonably be expected to obtain the certificate by the target day stated in the plan, or by an earlier or later day.
Note Under subsection 12AD (4) of the Act, the day specified in the determination, or in a determination as varied, cannot be later than 12 months after the day on which the grant is approved.
(4) If the Minister proposes to make or vary a determination fixing a day that differs from the target day stated in the plan provided by the organisation, the organisation must be notified of the proposed day and be invited to make comment for consideration by the Minister before the Minister makes or varies the determination.
Certificates of compliance
For sections 12AB and 12AD of the Act, an organisation:
(a) is taken to have received a certificate of compliance if the accredited certification body has, under subsection 6D (3) of the Act, notified the Secretary of the giving of the certificate; and
(b) is taken to be holding a current certificate of compliance if:
(i) the accredited certification body has, under that subsection, notified the Secretary of the giving of the certificate; and
(ii) the Secretary has not been notified of any revocation of the certificate.
Approving applications for grants for new services
(1) In approving the making of a grant for a new service, the Minister may decide to do any of the following:
(a) make a grant for a higher or lower amount than that requested in the application;
(b) make a grant for provision of the service to a larger or smaller number of people than that proposed in the application.
(2) If the Minister proposes to make a grant that differs from that requested in the application, the applicant must be told of the proposed decision and be invited to make comment for consideration by the Minister before the Minister makes the grant.
Notifying applicants of funding decisions
(1) Within 28 days of a decision being made concerning an application for a grant for a new service, an officer of the Department must give written notice to the applicant:
(a) that the making of a grant has been approved, and what the conditions of the grant are; or
(b) that the application was unsuccessful, and why it was unsuccessful.
(2) If an unsuccessful applicant makes a written request to the Department that the application be considered for a future funding decision in relation to the same, or a later, financial year, the application is taken to be a new application for the purpose of the future funding decision.
Application for varying the day determined by the Minister
(1) If an organisation receiving a grant under section 12AB or 12AD of the Act is unable to obtain a certificate of compliance, in respect of the service for which the grant is made, by the day determined by the Minister to be the day by which the organisation must obtain the certificate, and the organisation wishes to receive any payment of the grant on or after that day, the organisation must apply in writing to the Department for variation of the day determined by the Minister.
(2) The application must include:
(a) the reasons for not being able to obtain the certificate by the determined day; and
(b) a sound and practical plan for obtaining the certificate that:
(i) states the progress made for obtaining the certificate; and
(ii) specifies the steps to be taken for obtaining the certificate; and
(iii) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(iv) indicates the target days for completing the steps (including the new target day by which the certificate will be obtained).
Note The application need not be made before the day determined by the Minister. However, if an application for varying the day has not been approved on or before the day, the organisation will be in breach of the condition of the grant under paragraph 12AB (4) (b) or 12AD (5) (b) of the Act. For actions that may be taken as a result of a failure to comply with the condition, see Division 3B of Part II of the Act.
Part 4 Matters relevant to making certain grants other than grants for new services
Grants in relation to which this Part applies
(1) This Part applies in relation to grants of financial assistance under sections 10 and 12AD of the Act, other than:
(a) grants for new services; and
(b) grants in continuation, and renewals, of existing grants, with or without annual indexation augmentations; and
(c) grants to provide emergency financial assistance.
Note For the meaning of grant for a new service, see subsections 5 (2) and (3).
(2) In this Part, unless the contrary intention appears:
grant means a grant in relation to which this Part applies.
Applications for grants to be in writing
An organisation wishing to receive a grant must make a written application to the Department.
Plans to be provided for certain applications
If subparagraph 12AD (2) (b) (ii) of the Act is applicable to the Minister’s decision whether or not to make the grant, the organisation applying for the grant must provide a sound and practical plan for obtaining, with a reasonable time-frame, a certificate of compliance in respect of the service, that:
(a) states the progress (if any) made for obtaining the certificate; and
(b) specifies the steps to be taken for obtaining the certificate; and
(c) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(d) indicates the target days for completing the steps (including the target day by which the certificate will be obtained).
Note 1 Under subparagraph 12AD (2) (b) (ii) of the Act, the Minister must not approve the making of a grant unless the organisation has given a notice stating its intention to seek to obtain a certificate of compliance on or before the day determined by the Minister which, under subsection 12AD (4) of the Act, cannot be later than 12 months after the day on which the grant is approved.
Note 2 If a plan is required under this section, the Minister cannot properly make a determination under subsection 12AD (4) of the Act unless the required plan is provided, and under subparagraph 12AD (2) (b) (ii) of the Act, if the Minister has not made the determination, the Minister cannot approve the making of a grant.
Giving notice of intention to obtain certificate of compliance
For subparagraph 12AD (2) (b) (ii) of the Act, the written notice to the Minister must be:
(a) in a form approved by the Secretary for the purpose of this paragraph; and
(b) given to the Department.
Note Under subparagraph 12AD (2) (b) (ii) of the Act, the Minister must not approve the making of a grant unless the notice has been given.
Acknowledgment of applications for grants
Within 21 days of receiving an application for a grant, an officer of the Department must write to the applicant:
(a) acknowledging receipt of the application, and advising the applicant when a decision concerning the application is expected to be made; or
(b) advising the applicant that the funding being sought cannot be provided under the Act, and explaining why it cannot be provided.
Assessing applications for grants
An application for a grant must be considered against the available moneys for making grants, having regard to:
(a) the requirements set out in the Act; and
(b) the purpose for which the money has been made available; and
(c) any selection criteria determined by the Minister.
Determining and varying the day by which an organisation must obtain certificate of compliance
(1) In making or varying a determination, for the purposes of subparagraph 12AD (2) (b) (ii) of the Act, fixing a day by which an organisation must obtain a certificate of compliance in respect of the service for which the grant is sought, the Minister must take into account:
(a) the progress made by the organisation for obtaining the certificate, as stated in the plan provided by the organisation under section 28 or 36; and
(b) the steps to be taken by the organisation for obtaining the certificate, as stated in the plan; and
(c) whether the organisation can reasonably be expected to obtain the certificate by the target day stated in the plan, or by an earlier or later day.
Note Under subsection 12AD (4) of the Act, the day specified in the determination, or in a determination as varied, cannot be later than 12 months after the day on which the grant is approved.
(2) If the Minister proposes to make or vary a determination fixing a day that differs from the target day indicated by the organisation, the organisation must be notified of the proposed day and be invited to make comment for consideration by the Minister before the Minister makes or varies the determination.
Certificates of compliance
For section 12AD of the Act, an organisation:
(a) is taken to have received a certificate of compliance if the accredited certification body has, under subsection 6D (3) of the Act, notified the Secretary of the giving of the certificate; and
(b) is taken to be holding a current certificate of compliance if:
(i) the accredited certification body has, under that subsection, notified the Secretary of the giving of the certificate; and
(ii) the Secretary has not been notified of any revocation of the certificate.
Approving applications for grants
(1) In approving the making of a grant, the Minister may decide to make a grant for a higher or lower amount than that requested in the application.
(2) If the Minister proposes to make a grant that differs from that requested in the application, the applicant must be told of the proposed decision and be invited to make comment for consideration by the Minister before the Minister makes the grant.
Notifying applicants of funding decisions
(1) Within 28 days of a decision being made concerning an application for a grant, an officer of the Department must give written notice to the applicant:
(a) that the making of a grant has been approved, and what the conditions of the grant are; or
(b) that the application was unsuccessful, and why it was unsuccessful.
(2) If an unsuccessful applicant makes a written request to the Department that the application be considered in a future funding decision in relation to the same, or a later, financial year, the application is taken to be a new application for the purpose of the future funding decision.
Application for varying the day determined by the Minister
(1) If an organisation receiving a grant under section 12AD of the Act is unable to obtain a certificate of compliance, in respect of the service for which the grant is made, by the day determined by the Minister to be the day by which the organisation must obtain the certificate, and the organisation wishes to receive any payment of the grant on or after that day, the organisation must apply in writing to the Department for variation of the day determined by the Minister.
(2) The application must include:
(a) the reasons for not being able to obtain the certificate by the determined day; and
(b) a sound and practical plan for obtaining the certificate by the new day, that:
(i) states the progress made for obtaining the certificate; and
(ii) specifies the steps to be taken for obtaining the certificate; and
(iii) specifies the person or persons (by reference to the person’s position in the organisation) who will be responsible for implementing the steps; and
(iv) indicates the target days for completing the steps (including the new target day by which the certificate will be obtained).
Note The application need not be made before the day determined by the Minister. However, if an application for varying the day has not been approved on or before the day, the organisation will be in breach of the condition of the grant under paragraph 12AD (5) (b) of the Act. For actions that may be taken as a result of a failure to comply with the condition, see Division 3B of Part II of the Act.
Part 5 Development of standards, key performance indicators, performance monitoring processes and processes for applying sanctions
Determining standards, key performance indicators and processes
The Minister must ensure that State governments and an adequate number of people with a disability, their families and advocates, service providers and interested others are consulted so that the Minister can establish the broad views of these groups, before he or she:
(a) determines standards under paragraph 5A (1) (a) or (b) of the Act; or
(b) approves key performance indicators, under subsection 5A (2) of the Act, for any such standards; or
(c) makes an order under section 14F of the Act; or
(d) approves a process for monitoring, against the applicable standards, the performance of an eligible service or of an employment service in respect of which a transitional grant is being received.
Part 6 Miscellaneous
Availability of information
An officer of the Department must, upon request, provide members of the public with a copy of the following:
(a) these Guidelines;
(b) the principles and objectives formulated under section 5 of the Act;
(c) the eligibility standards;
(d) the disability employment standards;
(e) the key performance indicators approved by the Minister for the standards mentioned in paragraph (d);
(f) the enhanced standards and the minimum standards determined by the Minister under section 9C of the Act before the section was repealed on 1 July 2002;
(g) the orders made by the Minister under section 14F of the Act;
(h) a document setting out the process approved by the Minister for monitoring, against the applicable standards, the performance of an eligible service or of an employment service in respect of which a transitional grant is being received;
(i) any application forms that have been made available for lodging applications for grants for new services;
(j) a statement of the closing dates for lodging applications for grants for new services;
(k) a statement of the funding priorities for making grants for new services;
(l) a statement of the funds available for making grants for new services;
(m) a statement of any selection criteria that will be considered when assessing applications for grants for new services;
(n) a statement of any closing dates for lodging applications for other grants under Part 4;
(o) a statement of the funds available for making other grants under Part 4;
(p) a statement of any selection criteria that will be considered when assessing applications for other grants under Part 4.
Note Officers of the Department are required to comply with the Privacy Act 1988.
Delegation
The Secretary may, in writing, delegate any or all of his or her powers under the following provisions to an officer of the Department:
(a) paragraph 18 (1) (a);
(b) paragraph 29 (a).
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