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:
- increase involvement in early intervention and prevention strategies;
- provide better assistance to people who have a number of support needs; and
- 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.
Overview
The Supported Accommodation Assistance (Form of Agreement) Determination 2005, enacted by the Minister for Family and Community Services, addresses the need to provide transitional supported accommodation and related services to homeless individuals to help them achieve self-reliance and independence. This legislative instrument was created to address gaps in existing support services for homeless individuals by specifying the form of agreement under subsection 6(1) of the Supported Accommodation Assistance Act 1994. The policy objective is to focus on early intervention, better assistance for individuals with multiple support needs, and ensuring stability for clients post-crisis. The Determination was negotiated with State and Territory Ministers, leading to the fifth Supported Accommodation Assistance Program Multilateral Agreement, which will expire on 30 June 2010. It sets out key requirements such as the establishment of an Innovation and Investment Fund, enhanced performance reporting, and financial sanctions for non-compliance. The Determination itself does not impose rights or liabilities but rather establishes the framework for the subsequent Multilateral Agreement.
Scope and Application
The Supported Accommodation Assistance (Form of Agreement) Determination 2005 applies to the form of agreement concerning the Supported Accommodation Assistance Program (SAAP) as specified by the Minister for Family and Community Services under the Supported Accommodation Assistance Act 1994. This Act aims to provide transitional supported accommodation and related support services to homeless individuals, helping them achieve self-reliance and independence. The Determination applies to the Australian Government and the State and Territory Governments, as it sets the form of agreement that subsequently forms the basis of the SAAP V Multilateral Agreement. The Agreement involves strategic priorities, funding contributions, performance reporting, and dispute resolution mechanisms. The scope extends nationally, as it involves all States and Territories in Australia, and it focuses on increasing early intervention, better support for those with multiple needs, and ongoing assistance to ensure stability post-crisis. The Determination itself does not impose liabilities or affect the rights of the States and Territories, but rather provides the foundational agreement for the SAAP V Multilateral Agreement. The retroactive effect of the Determination does not violate legislative requirements as it pertains only to the form of the agreement, not the imposition of liabilities or rights.
Key Provisions
The main operative sections of the Supported Accommodation Assistance (Form of Agreement) Determination 2005 (paragraph 1) detail the form of agreement that must be adhered to for the Supported Accommodation Assistance Program (SAAP). Section 3 specifies that the form of agreement is outlined in the Schedule to the Determination, which serves as the legal blueprint for the SAAP V Multilateral Agreement. This agreement, which comes into effect on 30 September 2005 as per Section 2, replaces the previous Supported Accommodation Assistance (Form of Agreement) Determination 2000, which is revoked by Section 4. The agreement lays out the terms and conditions under which the Australian Government and the States and Territories will collaborate to deliver supported accommodation and related services.
The Determination imposes several obligations on the parties involved. The Australian Government and the State and Territory Governments must enter into a Multilateral Agreement and Bilateral Agreements, focusing on strategic priorities such as early intervention, support for individuals with multiple needs, and post-crisis stability. They are also required to establish an Innovation and Investment Fund, with the States and Territories matching the Australian Government's funding from year three onwards. There are enhanced performance reporting and accountability requirements, and additional obligations for both the Australian Government and the States and Territories. The Determination also allows parties to remove themselves from the Agreement in the event of a dispute and requires disclosure of financial contributions in budget papers and media releases.
Breaches of the obligations and requirements set forth in the Determination can lead to various consequences. For instance, Section 8.2 of the agreement allows for the imposition of financial sanctions on a State or Territory if they fail to meet reporting requirements or for other specified reasons. The Determination also outlines different dispute and non-compliance requirements from previous agreements. The maximum penalties for such breaches are not explicitly stated in the Determination itself, but they would be detailed in the SAAP V Multilateral Agreement. This agreement likely includes specific sanctions and enforcement mechanisms to ensure compliance by all parties involved.