About the BSWAT Payment Scheme
Information for supported employees – Easy Read handbook
Text-only version
Important information
This handbook has a lot of important information in it. It explains what the BSWAT Payment Scheme is, and what you need to do.
Soon, you may have to make an important decision about the BSWAT Payment Scheme. Don’t worry – we explain all about this in the handbook.
The information has been written to help you make a decision that is right for you. Please read this handbook carefully.
If you need help to read the handbook, or to make the decision, please ask someone you trust.
There is information about the people who can help you in Chapter 2.
You don’t have to read the handbook all at once.
You may like to read some of it a few times to make sure you get all the information you need.
The handbook has been written by the Australian Government.
In the handbook, the word ‘we’ means the government.
Some words are written in bold. We explain what these words mean. There is a list of these words on page5.
The handbook explains the rights you have under the law.
And it explains all of the choices you have.
We’ve also written documents for people such as families, advocates and staff in Australian Disability Enterprises (ADEs). You’ll find a list of these documents in Chapter 9.
And, we will be running information sessions about the payment scheme at ADEs around Australia.
Please ask your manager if there will be an information session at your workplace.
If you have any other questions, you can contact us.
You can call the BSWAT Hotline on 1800 880 052
This is a free call from landlines.
If you need to write to us, our address is:
Department of Social Services
BSWAT Payment Scheme
GPO BOX 9820
Hobart TAS 7001
Or you can email us at
What’s in this handbook?
Chapter 1: About the BSWAT Payment Scheme
Chapter 2: People who can help you
Chapter 3: Who can take part?
Chapter 4: How are the payments worked out?
Chapter 5: Your legal options
Chapter 6: The steps in the process
Chapter 7: Legal advice and financial counselling
Chapter 8: Asking for a review
Chapter 9: More information
Chapter 10: Space for your notes
Words we use
Advocate
A person who speaks up for people with disability.
Application
A form that you complete and send to the government to find out if you are eligible for a one-off payment from the scheme.
Australian Disability Enterprise (ADE)
Australian Disability Enterprises provide work and support for people with disability. They are often called ADEs.
Business Services Wage Assessment Tool
A tool for working out wages. This tool is usually called the BSWAT.
BSWAT Payment Scheme
A scheme that has been set up by the Australian Government to provide eligible people with a one-off payment.
Sometimes we call this the ‘payment scheme’.
Class action
A court case that involves a group of people.This is sometimes called a representative proceeding.
Compensation
Money that is paid to make up for a loss or other problem that has occurred.
Competency
How well a person understands and does a job, or part of a job.
Daily support
When the staff in the ADE help you in your work every day.
Financial counsellor
A person who can help with decisions about money.
Guardian
Someone who can make decisions for another person. They are chosen by a court, tribunal or board.
Indexation
An increase to a payment amount. It relates to the way the cost of everyday items goes up over time.
Intellectual Impairment
A person with:
- intellectual disability
- autism spectrum disorder
- dementia
- acquired brain injury.
Legal advisor
A person who provides advice about the law.
Letter of Offer
A letter from the government that tells you how much money you will get from the BSWAT Payment Scheme.
Nominee
Someone who you trust and choose to make decisions with you, or for you.
Productivity
How much work someone does during a period of time.
Qualification
A certificate or other document that shows a person is professional and has the skills required to do their job.
Registration
The process of letting us know you would like to receive more information about the BSWAT Payment Scheme.
Representative proceeding
Another name for a class action, which is a court case that involves a group of people.
Supported Wage System
A tool that is used to work out wages in both open employment and some ADE’s.
Chapter 1: About the BSWAT Payment Scheme
The BSWAT Payment Scheme has been set up by the Australian Government to provide eligible people with a one-off payment.
The payment is for some people who work, or have worked, in Australian Disability Enterprises– which are usually called ADEs.
Your supported workplace might be an ADE.
The payment is only for people who had their wages worked out using the Business Services Wage Assessment Tool.
This tool is usually called the BSWAT.
A different tool may have been used in your workplace to work out your wages. You can ask your ADE about this.
The story so far
In 2012, there was a court case about the BSWAT.
In this case, 2 people with disability said that they weren’t paid fairly.
The court decided that the BSWAT was not the best way to work out the wages for these 2 people.
Following this case, the Australian Government will offer a one-off payment to some people whose wages were assessed using the BSWAT.
This is called the BSWAT Payment Scheme.
A law has been passed about the BSWAT Payment Scheme.
The law is called the Business Services Wage Assessment Tool Payment Scheme Act 2015.
The payment scheme has started.
It will end on 31 December 2017.
In this document, we explain what you need to do to receive a payment from the scheme, and when you need to do it.
How much money will people get?
Everyone’s situation is different.
The people who can take part in the payment scheme will have different jobs, they’ll work different hours and they’ll earn different wages.
Not everyone will be offered a payment through the scheme.
We explain who can take part in the payment scheme in Chapter 3.
And we explain how the payments will be worked out in Chapter 4.
Some people will not receive an offer because of the way they were paid in the past.
Some people may receive an offer because of the way they were paid in the past.
The lowest payment people will be offeredis $100.
Some people may be offered several thousand dollars.
Will the BSWAT Payment Scheme affect your wages now?
The payment scheme will not affect your wages now.
Soon, some ADEs are going to start using different tools to work out people’s wages to replace the BSWAT. Some ADEs have started doing this already.
New wage assessments can’t be done with the BSWAT anymore.
Your current job
The payment scheme will not affect the way you do your job, or your current wages.
You can talk to your manager about your job and your wages.
You do not have to worry that you will lose your job if you take part in the payment scheme.
Receiving the Disability Support Pension
The one-off payment is unlikely to affect your Disability Support Pension.
Most people will continue to receive the Disability Support Pension in the usual way.
Some people will need to have an asset test.
This is a test that works out how much you own – including things like money in the bank, a car, a house or shares.
Paying tax
If you receive a one-off payment from the scheme, you may not have to pay tax on that money.
We have changed the law to reduce the tax you have to pay under the scheme.
If you do have to pay tax, we will pay you an extra amount of money with your BSWAT payment to help meet the cost of that tax.
Notes
Chapter 2: People who can help you
There's a lot to understand about the BSWAT Payment Scheme. And you have to make some big decisions.
There are people who can talk to you about your options and help you make a decision.
You may like to ask someone you trust to help you, like a family member or a friend.
You can also ask an advocate to help you, or a nominee. We explain who these people are on the following pages.
If you want to accept an offer from the payment scheme, you will need to show us that you have received advice from a legal advisor and a financial counsellor.
We explain who these people are and how they can help you on the following pages as well.
Family and friends
You can ask a member of your family to help you with the BSWAT Payment Scheme.
Or you can ask one of your friends.
This should be someone you trust. You will need to share information about your wages and your job with this person.
Choosing an advocate
You can ask an advocate to help you.
Advocates are people who speak up for people with disability.
If you would like to use an advocate, you can ask staff at your workplace or another support person to help you find one. Or, you can search online.
Choosing a nominee
Some people will choose to have a nominee.
Some people must have a nominee.
A nominee is a person who you trust to help you make the decision.
They must agree to be your nominee for the payment scheme.
A nominee can be a family member, a friend or other adult you trust.
There are rules about the person you can choose as your nominee.
Your nominee must be an adult.
They must be more than 18 years old.
Your nominee can’t be someone who works for the Department of Social Services, unless they are related to you.
And they can’t be someone who works at an ADE unless they are related to you.
There are also some advocates who can’t be your nominee unless they are related to you.
There are rules about the way your nominee must work with you.
They must ask you what you think.
They must ask you what you want.
This is sometimes called your preference.
And they must help you to make the decision that is best for you.
Your nominee must also respect all of your rights.
If you have a nominee for Centrelink issues, you may wish to ask this person to be your nominee for the payment scheme.
Getting legal advice and financial counselling
Legal advice is provided by a legal advisor.
This person can help you understand the legal issues about the payment scheme and your options.
Financial counselling is provided by a financial counsellor.
This person can help you understand how the payment scheme will affect your money situation.
We explain in detail how these people can help you in Chapter 7.
Notes
Chapter 3: Who can take part?
Only some people can take part in the payment scheme.
The payment scheme is for people with intellectual impairment.
Intellectual impairment means:
- intellectual disability
- autism spectrum disorder
- dementia
- acquired brain injury.
People who can take part in the payment scheme must have worked for an ADE for at least 1 day between 1 January 2004 and 28 May 2014.
And you must have had support each day to do your job. This is called daily support.
Your wages, including training wages, must have been worked out with the BSWAT, at some point in time.
You can ask your manager or your boss if your wages have been worked out with the BSWAT.
If your workplace used a different tool to work out your wages, you won’t get a payment.
Even if your wages were worked out using the BSWAT, you may not get a payment.
It depends on your situation.
If you have accepted a payment offer from another legal case about the BSWAT, you won't be able to apply.
We explain this in more detail in Chapter 5.
Working out if you can apply for the BSWAT Payment Scheme
The checklist below will help you work out if you can apply for the payment scheme.
If you tick ‘no’ to any of the questions, you won’t be able to take part in the scheme.
You can ask a family member, a friend or another person you trust to help you complete this checklist.
Checklist
/ Yes / NoYou have an intellectual impairment, according to the list on page 22. / /
You worked for an Australian Disability Enterprise for at least 1 day between
1 January 2004 and 28 May 2014. / /
You had support each day to do your job. / /
Your wages, including training wages, were worked out with the BSWAT. / /
You have not received any compensation about the BSWAT. / /
If you ticked ‘yes’ to all of the boxes above, you can apply for the BSWAT Payment Scheme.
We explain how to do this in Chapter 6.
If your application is successful and you accept a payment offer, it will mean that you cannot take part in other legal action about the BSWAT in
the future.
We explain this in detail in Chapter 5.
Emma’s story
Emma is a 38-year-old woman with intellectual impairment.
She works as a packaging assistant at an ADE 5 days a week.
She’s been doing this since 2005.
She receives support to do her work each day.
Since 2005, Emma has had 3 BSWAT assessments.
Emma registered for the BSWAT Payment Scheme.
Then she applied for a payment from the scheme. Her mum agreed to be her nominee.
She got a letter from the government offering her a payment.
Emma and her mum met with a legal advisor and a financial counsellor.
These people talked with Emma and her mum about Emma’s legal situation and her money, and her options.
Emma and her mum understood that by accepting the payment offer she could not take part in any legal proceedings about the BSWAT now and in the future, including the class action court case.
Emma is happy with the amount that she has been offered.
She chose to accept the offer from the BSWAT Payment Scheme and the money was paid into her bank account.
Mark’s story
Mark has autism.
He works in an ADE as a warehouse assistant.
He’s been doing this since 2007.
His wages have been worked out using a tool called the Supported Wage System.
He registered for the BSWAT Payment Scheme.
Then he applied for a payment from the scheme.
Mark got a letter from the government saying that he was not eligible for the scheme. The letter explained that this was because his wages had not been worked out using the BSWAT.
He was unhappy about this.
He asked for a review.
The review letter also said that Mark could not take part in the scheme because his wages had not been worked out using the BSWAT.
He was disappointed about this but he understood.
What if you don’t agree with a decision?
If you are told that you cannot take part in the scheme, you can ask for a review.
A review means that we will look at your information again before we make a final decision.
There is more information about the review process in Chapter 8.
Notes
Chapter 4: How is the payment worked out?
Before we explain how payments in the scheme are worked out, it's important to understand how the BSWAT was used in the past to work out people's wages.
How BSWAT was used to work out wages
Productivity relates to how much work someone did during a period of time.
Competency relates to how well someone understood and did their job, or parts of their job.
A person's productivity and competency were tested.
The productivity and competency scores were added together to get a result.
The result was used to work out how wages were paid.
How the BSWAT Payment Scheme will work
We will take the amount the person would have received if only the productivity score was used to work out their wages.
The competency score will not be used.
We will then subtract the amount the person was paid using the BSWAT. This will give us an amount.
We will offer people 50% or half this amount.
We explain why 50% on page 31.
People who were paid using the BSWAT some years ago may get a larger payment amount.