Supported Accommodation Assistance Act 1989 (Cth)
This compilation was prepared on 7 September 2000
taking into account amendments up to Act No. 175 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Supported Accommodation Assistance Act 1989 .
This Act commences on the day on which it receives the Royal Assent.
In this Act:
agreement means an agreement of the kind mentioned in subsection 4(1), and includes such an agreement as varied and in force from time to time.
Commonwealth growth funds , in relation to a financial year, has the same meaning as in the form of agreement set out in the Schedule.
related support service has the same meaning as in the form of agreement set out in the Schedule.
State includes the Australian Capital Territory and the Northern Territory.
supported accommodation service has the same meaning as in the form of agreement set out in the Schedule.
termination day means the earliest day on which an agreement is entered into under subsection 17(2) of theSupported Accommodation Assistance Act 1994 .
(1) The Commonwealth may enter into an agreement with a State or States substantially in accordance with the form set out in the Schedule.
(2) The Commonwealth may enter into a further agreement made under and varying an agreement mentioned in subsection (1).
(3) The Minister shall cause a copy of any such further agreement to be laid before each House of the Parliament within 15 sitting days of that House after the further agreement is executed.
(4) The Commonwealth must not enter into an agreement under this section after the termination day.
(1) While an agreement is in force between the Commonwealth and a State, the Minister may authorise payments (including advances) to be made to that State, by way of financial assistance, in accordance with that agreement, out of money appropriated by the Parliament for the purposes of this Act.
(2) An amount repayable by a State to the Commonwealth under an agreement is a debt due by the State to the Commonwealth.
(3) The Minister must not authorise a payment under subsection (1) after the termination day.
(1) Where the Commonwealth and a particular State have not entered into an agreement, the Minister may nevertheless, at any time during the financial year beginning on 1 July 1989, authorise payment to that State of an amount or amounts determined by the Minister by way of financial assistance in connection with the provision of supported accommodation services and related support services in that State.
(2) Payments to a State under this section:
(a) shall be subject to such terms and conditions as are specified by the Minister in writing, being terms and conditions not inconsistent with those that would have applied if an agreement had been entered into between the Commonwealth and the State and the payments had been made under the provision of the agreement corresponding to subclause 18(2) of the form of agreement set out in the Schedule; and
(b) shall be made out of money appropriated by the Parliament for the purposes of this Act.
(3) The Minister shall not authorise payment to a State under this section of an amount that is, or of amounts that together add up to, more than the total amount that the Minister could have authorised, if an agreement were in force between the Commonwealth and the State, for the purposes of the provision of the agreement corresponding to subclause 18(2) of the form of agreement set out in the Schedule.
(4) Where, after 1 July 1989, the Commonwealth and the State enter into an agreement, this section ceases to apply in relation to the State and any payment to the State under this section shall be taken to have been authorised under section 5 and to have been made under the provision of the agreement corresponding to subclause 18(2) of the form of agreement set out in the Schedule.
(1) Where money appropriated by the Parliament in relation to a financial year for the purposes of this Act includes an amount of Commonwealth growth funds in relation to that financial year, the Minister may, subject to this section, approve payments in that financial year, out of that money, of such amounts as the Minister determines for the purpose of research and development in relation to supported accommodation services, and related support services, in Australia.
(2) The Minister shall not approve payment in a financial year of an amount that is, or amounts that add up to, more than 2% of the amount of Commonwealth growth funds in relation to that financial year.
(3) The Minister must not approve a payment under subsection (1) after the termination day.
Section 4
AN AGREEMENT made the day of
One thousand nine hundred and eighty‑nine between—
THE COMMONWEALTH OF AUSTRALIA (in this Agreement called “the Commonwealth”) of the one part, and
the STATE OF
(in this Agreement called “the State”) of the other part.
WHEREAS:
A. The Commonwealth and the States of Australia entered into an Agreement, deemed to have come into force on 1 January 1985 and continuing in force until 30 June 1989, for the purpose of the provision by eligible organisations with financial assistance from the Commonwealth and the States of supported accommodation services and related support services to homeless people in crisis;
B. The Commonwealth and the States of Australia have agreed upon arrangements for the provision by eligible organisations with financial assistance from the Commonwealth and the States of supported accommodation services and related support services to homeless people in crisis during a period of five years commencing on 1 July 1989;
C. The primary principle of the program is to ensure that the homeless people in crisis in Australia have access to adequate and appropriate transitional supported accommodation and related support services. In implementing this principle, assistance provided will also reflect the following detailed principles:
(i) the focus of the program will be on transitional assistance. Services will be designed to be of varying duration and levels of support to meet the needs of individuals to move towards independent living or other appropriate alternatives;
(ii) the emphasis will be on ensuring individuals retain maximum independence;
(iii) there will be early assessment of clients’ needs, referral to more appropriate services or programs where required and available, and assistance to secure long term housing alternatives;
(iv) services will be available to all sections of the community irrespective of sex, marital status, race, religion, disability or life situation;
(v) services will be sensitive to the problems of homelessness, domestic violence and personal crisis and will actively work to enhance the dignity, self‑esteem and independence of clients;
(vi) services will assist clients in ways which recognise the individual needs of clients, develop clients’ independence and enhance their own support network; and
(vii) priority will be given to services involved in direct service provision for homeless people in crisis and whose focus is on assistance for individual clients.
D. It is proposed that to implement the Agreement, the Commonwealth will grant to the States financial assistance under Section 96 of the Commonwealth of Australia Constitution and like assistance to the Northern Territory of Australia and the Australian Capital Territory and that the terms and conditions on which the grant of financial assistance should be made are set out in this agreement:
NOW IT IS HEREBY AGREED as follows:
1 (1) This Agreement shall come into force on 1 July 1989.
1 (2) Subject to clause 30, this Agreement shall continue in force until 30 June 1994.
2 (1) In this Agreement—
‘the Commonwealth Minister’ means the Minister of State of the Commonwealth for the time being responsible for the administration of this Agreement for the Commonwealth; and
‘the State Minister’ means the Minister of State of the State for the time being responsible for the administration of this Agreement and, when there is more than one such Minister, means the Minister having for the time being responsibility for the matter or class of matters in respect of which the relevant provision of this Agreement is being applied.
2 (2) A reference in this Agreement to a Minister includes a Minister or other member of the Federal Executive Council or Minister of the State, as the case may require, acting on behalf of or for the time being acting for the Minister referred to.
3. In this Agreement, unless the contrary intention appears or the context otherwise requires—
‘advisory processes’ means advisory processes adopted pursuant to clause 12;
‘base funding’ means in respect of a financial year, the ongoing annual financial commitment of the Commonwealth or the State to the funding of the program as at 30 June of the previous financial year;
‘Commonwealth growth funds’ means Commonwealth funds provided for the program in respect of a financial year in addition to indexation and base funding;
‘Commonwealth/State plan’ means the Commonwealth/State Supported Accommodation Assistance Plan;
‘eligible organisation’ means a local government body established by or under a law of a State or an incorporated organisation or a constituted body taking reasonable steps towards incorporation pursuant to Commonwealth or State law comprising:
(a) an organisation (other than an organisation conducted or controlled by, or by persons appointed by, the Government of the Commonwealth or of the State) that is carried on otherwise than for the purpose of profit or gain to its individual members and is:
(i) a religious organisation;
(ii) an organisation the principal objects or purposes of which are charitable or benevolent; or
(iii) any other organisation agreed upon by the Commonwealth Minister and the State Minister for the purpose of this sub‑paragraph;
(b) the trustee or trustees under a trust established by an organisation referred to in paragraph (a) or by a local governing body established by or under a law of a State;
(c) a corporation established by an organisation referred to in paragraph (a) or by a local governing body established by or under a law of a State; or
(d) the trustee or trustees under a trust established for charitable or benevolent purposes agreed upon by the Commonwealth Minister and the State Minister for the purpose of this paragraph.
‘evaluation’ means an evaluation conducted pursuant to subclause 17 (1);
‘financial assistance’ means financial assistance provided pursuant to Part V;
‘financial year’ means a period of 12 calendar months commencing on 1 July of that year during the currency of this Agreement;
‘guidelines’ means guidelines approved pursuant to paragraph 8 (1) (i);
‘indexation’ means Commonwealth or State funds provided for the program to maintain the real value of base funding for each financial year;
‘Joint Officers’ Group’ means the group established pursuant to subclauses 12 (4) and 12 (5);
‘Ministerial Advisory Committee’ means the Committee established pursuant to subclauses 12 (2) and 12 (3);
‘program’ means a Supported Accommodation Assistance Program established and administered by the State pursuant to clause 9;
‘program upgrading’ means the amount of additional recurrent funds required to enable services to provide approved services at the level at which they were funded at the commencement of this Agreement;
‘related support service’ means a service of the type provided for in clause 6;
‘review’ means a review conducted pursuant to paragraphs 11 (1) (e), 12 (5) (e) and subclause 14 (3);
‘service’ means a service approved pursuant to clause 8 for funding by the Commonwealth and State Minister for the purposes of this Agreement or funded under the former Supported Accommodation Assistance Program at 30 June 1989;
‘State community services department’ means the State department responsible for community services and welfare;
‘State’s contribution’ means a contribution to be made by a State pursuant to Part V;
‘State growth funds’ means State funds provided for the program in respect of a financial year in addition to indexation and base funding;
‘supported accommodation service’ means a service of the type provided for in clause 6;
‘uncommitted funds’ means program funds which have not been approved for a specific service or project by the Commonwealth or State Minister during the year in which the funds were allocated; and
‘young people’ does not include persons under 16.
4. In this Agreement, unless the contrary intention appears:
(a) a reference to a Part or to a clause is to a Part or to a clause of this Agreement, as the case may be;
(b) a reference to a subclause is, unless otherwise indicated, to the relevant subclause of the clause in which the reference appears; and
(c) words in the singular number include the plural and vice versa.
5. The objective of this Agreement is the provision by eligible organisations, with financial assistance from the Commonwealth and the State, of transitional supported accommodation services and related support services to people who are homeless and in crisis to help them move towards independent living, where appropriate, or other alternatives such as long term supported housing, as soon as possible.
6 (1) The program shall:
(a) be focused on transitional support through a range of service models designed to be of varying duration, type and level of support for individuals who are homeless and in crisis;
(b) include a range of innovative accommodation and non‑accommodation service models (eligibility of services will be determined according to the eligibility of target groups rather than according to service models);
(c) include services designed to meet the needs of women and women with children who are homeless and/or in crisis as a result of domestic violence;
(d) include services designed to meet the needs of, and provide equitable access for, Aboriginal people and people from non English‑speaking backgrounds; and
(e) include services for chronically homeless people.
6 (2) The program shall not:
(a) provide services with a specialist clinical or treatment focus such as those which may be required by people suffering psychiatric or other illness or from substance abuse;
(b) provide services exclusively for veterans, people leaving prisons, students, people with disabilities, children under 16 years, the frail aged or other groups as agreed jointly by Ministers;
(c) replace or duplicate services and assistance already provided by, or which are the responsibility of, other government programs or services such as substitute care;
(d) provide services whose primary focus is housing or housing information and referral services;
(e) provide services whose primary focus is on prevention of household breakdown or housing crisis; or
(f) provide services where assistance depends upon undergoing rehabilitation.
6 (3) For the purposes of paragraph 6 (2) (b) ‘exclusively’ means services available only to a particular group.
6 (4) A service which was funded under the former Supported Accommodation Assistance Program immediately prior to the commencement of this Agreement but which is not otherwise within the scope of the program:
(a) will be transferred to a more appropriate funding source where this is possible; or
(b) where it is not possible to transfer the service to a more appropriate funding source, the service will be deemed to be within the scope of the program for the purposes of being eligible to receive funds for indexation and program upgrading but will not be eligible to receive funds for new or expanded services unless such services are within the scope of the program.
6 (5) Program funds shall be allocated within the State on a needs basis and with reference to priorities identified in the Commonwealth/State plan and agreed by the Commonwealth and State Minister. The main groups to be targeted may include:
(a) young people;
(b) women and women with children who are homeless and/or in crisis as a result of domestic violence;
(c) families, including single parent families;
(d) single men; and
(e) single women.
7 (1) During the life of this Agreement, subject to the Commonwealth/State plan, the State shall seek to:
(a) establish more effective and efficient links to long term housing and other complementary and related services;
(b) improve client information, assessment and referral systems in funded services;
(c) assess the effectiveness of the range of models of service delivery;
(d) plan and fund services on a rational and equitable basis;
(e) involve service providers and other relevant interest groups in planning and priority setting for the program;
(f) establish a framework for the protection of the rights of users of services;
(g) develop and implement service agreements with all funded services; and
(h) other operational objectives as agreed between the Commonwealth and State Minister.
7 (2) Progress in relation to these objectives shall be periodically reviewed by the Commonwealth and State Minister.
8 (1) The Commonwealth and State shall be responsible for:
(a) joint Ministerial approval of Commonwealth/State plans;
(b) joint Ministerial approval of funding of eligible organizations for the provision of new services, defunding of existing services, the re‑establishment of a service under a new auspice and significant variations to, or expansion of, existing services in accordance with agreed planning and approval procedures pursuant to clauses 11 and 12;
(c) joint Ministerial announcement of approvals or other actions taken jointly in relation to the program;
(d) joint Ministerial approval of the structure and membership of the Ministerial Advisory Committee;
(e) access to services with Commonwealth access through or in conjunction with State officials according to established protocols;
(f) joint Ministerial approval of funding for research, training, data collection and analysis, service reviews, program evaluation and consultation;
(g) joint action in relation to reviews pursuant to paragraphs 11 (1) (e), 12 (5) (e) and subclause 14 (3);
(h) joint action in relation to user rights pursuant to clause 15; and
(i) joint Ministerial approval of guidelines issued subject to this Agreement.
8 (2) The Commonwealth and State Minister may from time to time jointly approve a service, that is:
(a) a supported accommodation service or a related support service; and
(b) provided or to be provided by an eligible organization
as a service for the purposes of this Agreement and may jointly revoke an approval so given and jointly approve a variation of an approved service.
9. The State shall be responsible for the management and administration of the program at the State level in accordance with the provisions of this Agreement. This includes:
(a) drafting the Commonwealth/State plan for consideration by the Joint Officers’ Group on the basis of the broad content and framework agreed by the Joint Officers’ Group on advice from the Ministerial Advisory Committee and the Commonwealth and State Minister;
(b) regular monitoring and review of services including special reviews and of program performance in the State;
(c) carrying out work to support innovative and improved service provision and to encourage new services in areas of high need;
(d) servicing of the Ministerial Advisory Committee and Joint Officers’ Group;
(e) processing of claims for payment and ensuring that financial accountability requirements are met;
(f) ensuring compliance with service accountability requirements and service agreement provisions;
(g) approving non‑significant variations in subsidy levels;
(h) provision of agreed information to the Commonwealth to enable it to meet its national objectives pursuant to clause 13; and
(i) other matters relating to the management of the program, for example, development of guidelines.
10. The Commonwealth shall be responsible for:
(a) the setting of national priorities and objectives;
(b) monitoring and evaluating program performance at a national level;
(c) involvement in evaluation and review of services pursuant to paragraphs 11 (1) (e), 12 (5) (e) and subclause 14 (3);
(d) facilitating information sharing between States on the program, including national data;
(e) national program financial management; and
(f) provision of information to States, services and peak bodies on related Commonwealth assistance programs.
11 (1) A Commonwealth/State plan shall be developed in respect of each financial year setting out the operation of the program for each year in the State. The plan shall be finalised by the Joint Officers’ Group prior to the commencement of the financial year to which the plan refers. The plan shall include:
(a) an assessment of existing service provision and distribution;
(b) an assessment of unmet need;
(c) the agreed Commonwealth/State priorities for the year, including identified target groups;
(d) program finances for the year;
(e) the timing, content and process of major program reviews;
(f) proposed research and data collections for the year in relation to the State program or on national issues; and
(g) the timetable for planning and approval processes in the current and the subsequent financial year.
11 (2) The Ministerial Advisory Committee shall provide advice to Ministers and the Joint Officers’ Group on priorities and other matters to be included in the draft Commonwealth/State plan. The Joint Officers’ Group shall agree on the broad content and framework of the Commonwealth/State plan, taking account of advice from the Ministerial Advisory Committee and the views of the Commonwealth and State Minister.
11 (3) The State shall draft the Commonwealth/State plan on the basis of the agreed broad content and framework and the Joint Officers’ Group shall then consider and recommend the Commonwealth/State plan to the Commonwealth Minister through the State Minister for their joint approval.
12 (1) An advisory structure shall be established and shall consist of two levels in each State:
(a) a Ministerial Advisory Committee; and
(b) a Joint Officers’ Group.
12 (2) The structure and membership of the Ministerial Advisory Committee shall be jointly approved by the Commonwealth and State Minister and shall comprise members drawn from:
(a) service providers and other parties with relevant expertise, forming the majority of the committee;
(b) the Commonwealth; and
(c) the State through the State community services department and State housing department.
12 (3) The Ministerial Advisory Committee shall provide advice to Commonwealth and State Ministers and to the Joint Officers’ Group on:
(a) priorities for consideration in the development of the Commonwealth/State plan;
(b) levels of unmet need;
(c) program level accountability processes, service standards and performance indicators, data needs and evaluation measures; and
(d) other program matters referred by the Commonwealth and State Minister or the Joint Officers’ Group for advice.
12 (4) The Joint Officers’ Group shall comprise members drawn from:
(a) the Commonwealth; and
(b) the State through the State community services department and State housing department.
12 (5) The Joint Officers’ Group shall be responsible for:
(a) considering and agreeing on the framework and content of the Commonwealth/State plan;
(b) considering the draft Commonwealth/State plan drafted by the State and recommending the plan to the Commonwealth and State Minister;
(c) making project funding recommendations to the Commonwealth and State Minister;
(d) providing broad program and policy advice for the Commonwealth and State Minister on the operation of the program;
(e) where requested by the Commonwealth or State Minister, or where jointly agreed by officers, initiating special reviews to be conducted by the State; and
(f) agreeing on the timing, content and process for special reviews, considering the outcomes of such reviews and making recommendations to the Commonwealth and State Minister.
12 (6) With regard to paragraph 12 (5) (f) any consequent action such as a change of auspice or significant variation of funding is to be jointly approved by the Commonwealth and State Minister.
13 (1) The State shall provide the Commonwealth with agreed program and non‑identifying client information to monitor achievement of program objectives and agreed program priorities in accordance with the Commonwealth/State plan.
13 (2) The Commonwealth and the State shall provide each other with information as and when agreed for program development and planning purposes.
13 (3) The State shall collect such data as is required for its management of the program and for the purposes of subclauses 13 (1) and 13 (2).
14 (1) The State shall sign, as soon as possible but not later than three years from the commencement of this Agreement, service agreements of not more than three years duration, with all services within the State on program and financial accountability matters.
14 (2) The service agreements and associated accountability requirements shall contain nationally consistent provisions agreed by the Commonwealth and State Minister within 12 months of the commencement of this Agreement.
14 (3) The State shall review the performance of each service at least once every 3 years. The renewal of service agreements will depend on outcomes of the review of service performance. Results of service reviews will be available to the Joint Officers’ Group.
15. The Commonwealth and State Minister shall agree, within two years of the commencement of this Agreement, on mechanisms for resolving breaches of individual rights including the following:
(a) principles and strategies for the protection of user rights which may include matters such as the participation in decision making, information about available assistance and security and freedom from abuse;
(b) internal grievance procedures for the resolution of breaches of user rights at the service provider level; and
(c) external review procedures by government officials or other independent review.
16. The planning and administration of the program shall be co‑ordinated with the administration of the provisions of the Commonwealth/State Housing Agreement that are relevant to the program.
17 (1) In accordance with arrangements to be agreed upon between the Commonwealth and State Minister, the operation of the program is to be evaluated on an ongoing basis, with a report to the Commonwealth and State Minister 12 months before the expiry of this Agreement, including recommendations on the basis for any future arrangements.
17 (2) Where no agreement is reached between the Commonwealth and the State for the provision of financial assistance after 30 June 1994 for the purpose of supported accommodation and related support services, neither the Commonwealth nor the State shall be responsible for the provision of such financial assistance after that date as was provided by the other party to this Agreement at 30 June 1994.
18 (1) Upon and subject to the provisions of this Agreement, the Commonwealth shall, out of monies that are from time to time appropriated by the Commonwealth Parliament for the purpose, provide financial assistance to the State in respect of each financial year for the purpose of meeting or reimbursing expenditure in relation to the provision of services.
18 (2) In the first financial year, the Commonwealth and State shall provide base funding equal to their respective funding under the former Supported Accommodation Assistance Program as at 30 June 1989.
18 (3) In each subsequent financial year, the Commonwealth and State shall provide base funding equal to their respective funding for the program as at 30 June in the year immediately preceding the financial year.
18 (4) The Commonwealth and State’s base funding shall be subject to indexation on an annual basis by the respective parties as follows:
(a) salary subsidies and associated costs will be increased in accordance with the Commonwealth Treasury forecast for Average Award Wage Rates—Full Time Adult Employees, for the relevant financial year (March quarter to March quarter) in force at 1 May of the immediately preceding financial year;
(b) non‑salary cost subsidies will be increased in accordance with the Commonwealth Treasury forecast for the Consumer Price Index—Weighted Average All Capital Cities for the financial year (March quarter to March quarter) in force at 1 May of the immediately preceding financial year.
18 (5) The Commonwealth and State may, subject to the agreement of the Commonwealth and State Minister, add to their respective base funding through the inclusion of services funded either by the Commonwealth or State. Such additions to base funding shall not be regarded as growth funds for new expenditure pursuant to subclause 19 (3).
18 (6) The Commonwealth’s base funding shall not exceed the Commonwealth Government’s appropriation for the program in the previous financial year.
19 (1) The Commonwealth and State shall provide the following growth funds in the first three years of the program:
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or such further amounts, and in such manner, as agreed by the Commonwealth and State Minister.
19 (2) The Commonwealth and State Minister shall agree by 30 June 1991 on the level of growth funds to be provided under this Agreement in respect of 1992‑93 and 1993‑94.
19 (3) Commonwealth growth funds provided to the State pursuant to this clause are to be matched dollar for dollar by the State using funds for new expenditure under the program.
19 (4) Commonwealth growth funds and State growth funds provided in a financial year shall be included in Commonwealth and State base funding for the following year.
20 (1) In accordance with clauses 18 and 19, program funds in any financial year will comprise Commonwealth and State base funds, indexation and growth funds.
20 (2) Any program funds allocated in respect of a financial year which are uncommitted funds at 30 June of that financial year shall, subject to the agreement of the Commonwealth and State Minister, be either made available for the program in the following financial year or recovered by the Commonwealth or the State on the following basis:
(a) where no growth funds have been allocated in respect of a financial year, the uncommitted base and indexation funds shall be recovered by the Commonwealth and State on the ratio of their respective total financial commitment to the program as at 30 June of the previous financial year; and
(b) where growth funds have been allocated in respect of a financial year, the uncommitted funds shall be recovered both by the Commonwealth and State on a dollar for dollar basis.
20 (3) Financial assistance to the State shall be by way of interest free non‑repayable grants subject to the provisions of subclause 29 (2).
21. Financial assistance payable in respect of a financial year shall be made available to the State at such times and in such amounts as are agreed upon by the Commonwealth and State Minister.
22. The Commonwealth Minister may, at such times and in such amounts as the Commonwealth Minister and State Minister agree upon, make advances on account of payments of financial assistance that may become payable to the State in accordance with this Agreement.
23 (1) The amount or part of the amount of an advance may be deducted from a payment of financial assistance that subsequently becomes payable.
23 (2) The State shall ensure that an advance is not used or applied except for the purpose of meeting or reimbursing, as the case may be, the expenditure to which the advance relates.
24. Financial assistance provided to the State shall be granted on the conditions that:
(a) it is applied by the State for the purpose of meeting or reimbursing expenditure incurred by:
(i) eligible organisations in the provision of services;
(ii) the State in administering the program, administering data collections, and funding research into operation of the program;
(iii) eligible organisations in participating in the Ministerial Advisory Committee, reviews and evaluation, training and other jointly approved projects; or
(iv) the State for any other purpose consistent with this Agreement as agreed between the Commonwealth and State Minister;
(b) subject to paragraph (c), the State shall, without undue delay, pay to eligible organisations having responsibility for the provision of services, amounts based on financial assistance provided to the State in respect of services;
(c) payment to an eligible organisation will not be made unless the eligible organisation, before or at the time of accepting payment, agrees with the State to be bound by the conditions attached to the provision of financial assistance and continues to comply with such conditions;
(d) there will be no significant increase or decrease in the approved level of funds made available pursuant to this Agreement to an eligible organisation in respect of the provision of a service or project except with the approval of the Commonwealth and State Minister;
(e) a significant variation in the approved level of funds made available pursuant to this Agreement to an eligible organisation in respect of the provision of a service or project shall be:
(i) where the annual approved level of funds to that organisation is $16,000 or less, then $8,000 or more in any one financial year; or
(ii) where the annual approved level of funds to that organisation is over $16,000, then more than 50 per cent of the subsidy or $40,000 in any one financial year whichever is the lesser;
provided that these amounts may be reviewed from time to time as agreed between the Commonwealth and State Minister; and
(f) the State shall advise the Commonwealth in the first year of the operation of this Agreement, on a quarterly basis, of any non‑significant variation in the approved level of funds made available pursuant to the Agreement to an eligible organisation, such increases not to exceed the Commonwealth and State appropriations for the program in that financial year and, in respect of subsequent years, the timing of such advice shall be agreed by the Commonwealth and State Minister.
25. The State shall ensure that funds provided to eligible organisations for recurrent and non‑housing capital purposes are only used for the purposes approved under this Agreement and in accordance with service agreements in force with those organisations.
26. The State may use, for the administration of the program, the same dollar amount, indexed annually, as it was entitled to use under the former Supported Accommodation Assistance Program at 30 June 1989. Any additional requirement for administrative funds shall be agreed annually by the Commonwealth and State Minister but will not exceed 1% of total Commonwealth growth funds and State growth funds or as otherwise bilaterally agreed with this amount indexed annually by the equivalent percentage increase to base funding as results from the application of subclause 18 (4).
27. In addition to information required to be provided pursuant to subclauses 13 (1) and 13 (2), the State shall supply to the Commonwealth from time to time such further information regarding the operation of the State’s program or a service as the Commonwealth Minister and State Minister agree should be supplied.
28 (1) The State Minister shall furnish to the Commonwealth Minister by 30 November of each financial year or such later date as is agreed upon by the Commonwealth and State Minister, a certificate certifying that the financial assistance provided, and the State’s contribution made, under this Agreement in respect to the financial year were applied in accordance with this Agreement.
28 (2) A certificate furnished pursuant to subclause (1) shall be in such form and contain such other information and be given by such officer of the State as is agreed upon by the Commonwealth and State Minister.
29 (1) If, following consultation with the State Minister, the Commonwealth Minister is of the opinion that it is appropriate to do so, the Commonwealth Minister may withhold payment in whole or in part of financial assistance to the State where the State fails to comply with any of the conditions attached to the grant of financial assistance until the State remedies that failure.
29 (2) If, following consultation with the State Minister, the Commonwealth Minister, in writing under that Minister’s hand, informs the State Minister that the Commonwealth Minister is satisfied that the State has failed to ensure that an amount of financial assistance provided to the State has been applied for the purposes and in the manner provided for by this Agreement with respect to that financial assistance, the State shall repay that amount, or such part of that amount as the Commonwealth Minister determines, to the Commonwealth.
30 (1) The provisions of this Agreement may be varied as between the Commonwealth and State by agreement in writing between the Commonwealth and State Minister.
30 (2) A copy of an agreement or copies of the documents which constitute an agreement under subclause (1) shall be tabled in the Commonwealth Parliament within 15 sitting days from the date upon which the agreement is made.
30 (3) An agreement under subclause (1) shall not affect the operation of this Agreement as between the Commonwealth and the States other than that with which the agreement has been made.
31 (1) The Commonwealth shall, subject to subclause (2), be represented for the purposes of this Agreement by the Department of Community Services and Health and the Commonwealth Minister shall notify the State Minister of the address of that Department and of any change at any time of that address.
31 (2) In the event that the administration of this Agreement for the Commonwealth is allocated to a Minister other than the Minister for Housing and Aged Care the Commonwealth shall be represented by the Department administered by that other Minister and that other Minister shall notify the State Minister of the address of that Department.
32. The State shall be represented for the purposes of this Agreement by the Department nominated by the State Minister and the State Minister shall notify the Commonwealth Minister of the address of that Department and of any change at any time of the Department or of the address.
33 (1) A notice or other communication under or in connection with this Agreement shall be duly given if it is in writing signed by or on behalf of, or attributed to, the head or other authorised officer of the Department by which it is given and addressed to or delivered at the address of the Department to which it is directed.
33 (2) For the purposes of this clause writing includes a teleprinter or facsimile message and the address for such a message shall be the teleprinter or facsimile address of the receiving Department.
33 (3) A notice or other communication shall be given under this clause when it is received in the appropriate form by the Department to which it is directed.
IN WITNESS WHEREOF this Agreement has been signed for and on behalf of the parties hereto respectively as at the day and year first above written.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
89, 1989 | 27 June 1989 | 27 June 1989 | ||
175, 1994 | 16 Dec 1994 | 16 Dec 1994 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
Ss. 3–5................................... | am. No. 175, 1994 |
S. 7......................................... | am. No. 175, 1994 |
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