Supported Accommodation Assistance (Form of Agreement) Determination 2005

EXPLANATORY STATEMENT

Supported Accommodation Assistance (Form of Agreement) Determination 2005

Summary

Subsection 6(1) of the Supported Accommodation Assistance Act 1994 (SAAP Act) provides that the Minister for Family and Community Services may, by written instrument, specify a ‘form of agreement’ dealing with the Supported Accommodation Assistance Program (SAAP).

The purpose of SAAP is to provide transitional supported accommodation and related support services, in order to help people who are homeless to achieve the maximum possible degree of self-reliance and independence.  Within this aim, the goals are:

• to resolve crisis;
• to re-establish family links where appropriate; and
• to re-establish a capacity to live independently of SAAP.

Background

The Supported Accommodation Assistance (Form of Agreement) Determination 2005 (the Determination) was negotiated by the Minister for Family and Community Services with the State and Territory Ministers responsible for SAAP.  On the basis of this form of agreement, the Minister for Family and Community Services and the State and Territory Ministers entered into a Multilateral Agreement for the fifth Supported Accommodation Assistance Program (SAAP V Multilateral Agreement), which will expire on 30 June 2010.

The most significant requirements of the Determination as agreed in the negotiation by all parties are:

• provision for a Multilateral Agreement and Bilateral Agreements with each jurisdiction;
• the parties have agreed to focus on three strategic priorities over the life of the Agreement.  These are to:

1. increase involvement in early intervention and prevention strategies;
2. provide better assistance to people who have a number of support needs; and
3. provide ongoing assistance to ensure stability for clients post-crisis;

• establishment of an Innovation and Investment Fund worth $118 million to drive strategic reform of the SAAP sector;
• States and Territories matching the Australian Government’s program base funding contribution from year three onwards;
• recognition of State/Territory-only funded SAAP services that meet a specific set of criteria as part of the States’ and Territories’ increased funding contribution;

• enhanced performance reporting and accountability requirements;

• additional obligations for both the Australian Government and the States and Territories;

• the parties may remove themselves from the Agreement in the event of a dispute;

• the additional requirement to disclose, in budget papers and media releases, estimates of the financial contributions from each party;
• additional provisions in relation to the funding arrangements, such as, a more specific way of calculating indexation;
• the imposition of financial sanctions on a State or Territory in a number of circumstances, including when they do not meet reporting requirements; and
• the dispute and non-compliance requirements differ from the previous Agreement.

Explanation of Provisions

Section 1 of the Determination states the name of the determination.

Section 2 provides that the Determination commences on 30 September 2005.

Section 3 provides that the form of agreement is set out in the Schedule.

Section 4 revokes the Supported Accommodation Assistance (Form of Agreement) Determination 2000.

Consultation

An Inter-departmental Committee was established in March 2004 to oversee the negotiation of the SAAP V Multilateral Agreement.  Membership comprised representatives from Prime Minister and Cabinet, Treasury, Department of Finance and Administration, Department of Health and Ageing, Department of Immigration, Multiculturalism and Indigenous Affairs, Department of Education, Science and Technology and Department of Employment and Workplace Relations.

The National SAAP Coordination and Development Committee, comprising representatives from each State and Territory, assisted in the development of the SAAP V Multilateral Agreement.

Retrospectivity

The Determination has effect from 30 September 2005.

The Determination, being the form of agreement, does not affect the rights of, or impose liabilities on, the States and Territories.  Rather, it is the SAAP V Multilateral Agreement that the State and Territory Governments subsequently entered into with the Australian Government that contains such clauses.  That is, the inclusion in the Determination of a clause such as, for example, clause 8.2, which enables the imposition of sanctions, has no effect (detrimental or otherwise) of itself.  As a result, while the Determination has retrospective operation it does not offend against subsection 12(2) of the Legislative Instruments Act 2003.