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Dear,
We have a current Funding Agreement with you, Services and Support for People with
Disability, FOFMS Program Schedule ID number dated June 2012 (the Agreement) between
the Commonwealth of Australia, represented by the Department of Families, Housing,
Community Services and Indigenous Affairs and insert organisation name as listed in the
agreement (the Parties).
Following discussion with you concerning the extension of the Disability Employment
Assistance Activity, including a new end date, the addition of Supplementary Condition Q –
Changes to the Privacy Act 1988(Cth) -12 March 2014, the need to include additional reporting
requirements, the new 2013-2014 case based funding prices, SACS Supplementation and an
update of the Operational Guidelines we have agreed to vary the Agreement.
The parties seek to vary the Agreement, as follows and do so with this Letter of Variation.
Two original copies of this Letter of Variation are enclosed for you to sign. Once you have
signed both copies, you need to return both copies to us at the above address within thirty (30)
Business Days of the date of this letter otherwise this offer will lapse.
We will sign both copies and return one copy to you for your records. The variation takes
effect from the date on which we sign this Letter of Variation.
As we are working with DisabilityCare Australia, the national disability insurance scheme, to
transition services to the scheme, we will require you to work with us to ensure continuity of
services of clients currently being supported under this Activity, and to also ensure reasonable
assistance is given to all people who are participating in the scheme who may choose to
receive support from your organisation.
Where you will be providing services in DisabilityCare Australia launch sites, please refer to
the requirements under Item B Activity B3 of the Funding Agreement Schedule.
SACS Supplementation
Your organisation has been identified as eligible for SACS Supplementation of $ for 2013-
2014. To be entitled to the Commonwealth supplementation, your organisation must have a
legal obligation imposed by the equal remuneration order (ERO) issued by Fair Work Australia
(FWA) to pay the increased wages, and had eligible SACS workers on 1 February 2012. In
signing this variation you are certifying that your organisation:
has a legal obligation imposed by the SACS Equal Remuneration Order issued by
FWA to pay the increased wages, and had eligible SACS workers on 1 February 2012
agrees to use the Commonwealth’s funding adjustment for the sole purpose of meeting
your legal obligation imposed by the ERO to pay increased wages for SACS workers,
agrees to the total funding adjustment supplementation amount detailed in the Letter of
Notification
You must certify that you have used the supplementation funding for the sole purpose of
meeting your legal obligation imposed by the ERO to pay increased wages for SACS workers
when you acquit your funding. You must keep accurate records to show how you have spent
the supplementation funding and if we require, you must promptly provide evidence, in a form
we require, that you have complied with this requirement.
For more information about the Government’s response to the ERO, please visit the Fair pay
for social and community services workers page on the Department of Families, Housing,
Community Services and Indigenous Affairs website: http://www.fahcsia.gov.au.
SACS Supplementation - For the avoidance of doubt, the total supplementation referred to below is to be
treated as “Funding” for the purposes of the Agreement.
SACS
Supplementation GST
Financial Year Amount (if applicable) Total
The following table combines all of your reporting requirements. If you comply with the terms
of this Agreement, we will make payments to you on the first available Business Day on or
after the due date as set out below or, where no date is specified, then by mutual agreement
as and when required.
Payment
Activity
Milestones and Due Amount
(if Information to be included GST
Reports Date (GST
Applicable)
excl.)
F.1 2013-2014 On
Disability
SACS execution
Employment Not applicable $ $
Supplementation of this
Assistance
variation
The following table combines all of your reporting requirements. If you comply with the terms
of this Agreement, we will make payments to you on the first available Business Day on or
after the due date as set out below or, where no date is specified, then by mutual agreement
as and when required.
Payment
Activity
Milestones and Due Amount
(if Information to be included GST
Reports Date (GST
Applicable)
excl.)
by us.
Add “2012-2013” to Table 1 – Case Based Funding Core Fees and Table 2 – Case Based
Funding Additional Fees.
Add the Case Based Funding fees for 2013-2014 by adding Table 1 and Table 2 (2013-2014)
as follows:
Table 1 – Case Based Funding Core Fees 2013-2014
b. Delete Date on page 1: July 2012 and Replace with Date: July 2013
d. Definitions – Insert ‘Support Staff’ before ‘in the context of the Activity
Performance Indicators at Item B of the Schedule, means any person employed
by your Outlet who provides direct work based employment support to a
Supported Employee, consistent with the delivery of the Activity under Item B of
the Schedule’.
e. Paragraph 11.8 – insert after ‘When the Supported Employee has achieved an
Employment Outcome, you must complete and authorise a DMI Assessment on
FOFMS’ the word ‘immediately’.
f. Paragraph 16.5 – insert after ‘If your Outlet’s full-time hours for one Business
Operating Day are less than eight hours per day but’ the words ‘equal to or’.
g. Paragraph 17.3 – insert after ‘The DMI Assessment must be finalised’ the
words ‘immediately’. Before ‘Supported Employee achieves an Employment
Outcome, otherwise you may be deemed to be in breach of the Agreement’
Delete the word ‘when’.
i. Paragraph 22.2 – First line - Delete the words ‘Exits an Outlet’ and Replace
with ‘is Suspended/Exited’.
j. Insert a new Paragraph 22.3 – ‘The period of 12 months (or two years if
returning from accessing Open Employment) commences from the first date on
FOFMS of either the Suspension or Exit. If a case is Suspended on FOFMS
and then changed to Exit, the 12 months starts from the date of the Suspension
and not the date the status was changed to Exit. It is a combined period of
absence from an Outlet.’
k. Renumber the following Paragraphs 22.3 to 22.4, 22.4 to 22.5, 22.5 to 22.6,
22.6 to 22.7, 22.7 to 22.8, 22.8 to 22.9, and 22.9 to 22.10.
l. In the New Paragraph 22.10. Delete 22.8 and Replace with 22.9
n. Insert a new Paragraph 33.1 - ADEs should refer to the Guide to collecting and
entering client and case information available from the FOFMS Literature Tab
when entering data for the Disability Employment Assistance Activity and the
Disability Services Census.
o. Insert a new Paragraph 33.2 - There are a number of Task Cards also available
on the FOFMS Literature Tab which contains step-by-step instructions on
entering information and completing assessments on FOFMS.
p. Renumber the following Paragraphs 33 to 34, 33.1 to 34.1, 33.2 to 34.2, and
33.3 to 34.3.
q. Insert at the beginning of new Paragraph 34.3 the words ‘For other questions
relating to the funding agreement you, or if’.
u. Appendix C – Delete Client Consent Information and Client Consent Form and
Replace with Client Consent Information and Client Consent Form (1 July
2013).
For your convenience we have provided a copy of Operational Guidelines V3.7.2013 including
all Appendices.
The Parties agree that:
(a) terms in this Letter of Variation with initial capital letter(s) have the same meaning as they
have in the Agreement; and
(b) the only variations are those set out in this Letter of Variation. In all other respects, the
Agreement remains unamended.
If you have any questions, please contact insert contact name on insert phone number or
email insert email address.
Yours sincerely