PO Box

Telephone:

Facsimile:

Email:

Website:

TTY:

Dear,

Variation of Funding Agreement

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.

Participation in DisabilityCare Australia, the national disability insurance scheme (the scheme)

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 1February2012. 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.

The Parties agree to the following variations:

1.  Schedule Completion Date

Delete 30 November 2013 and Replace with 30 November 2014.

2.  Item B – Your Activity Information

Delete Activity End Date of 30 June 2013 and Replace Activity End date 30 June 2014.

3.  Item C – Funding and Payment

Add 2013-2014 Financial Year with the following table:

Financial Year / Amount Payable / GST
(if applicable) / Total
2013-2014 / Case Based Funding Fees as per Attachment A to this Schedule / 10% of the amount payable / Not Applicable
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.
Financial Year / SACS Supplementation Amount / GST
(if applicable) / Total
2013-2014 / $ / 10% of the amount $ / $

4.  Item E.1 – Performance Reports (Against Performance Indicators listed in Item B)

Delete Performance Reports and replace with the following:

E.1 / Performance Reports (Against Performance Indicators listed in Item B)
You must provide performance reports by the dates specified in Item F. Some of the reporting data will be collected through the FaHCSIA Online Funding Management System (FOFMS) on an ongoing basis and by reference to your annual independently audited financial acquittal reports. Other performance reporting information will be collect via a Template which will be provided by us to you prior to the collection date.

5.  Item E.4 – Financial Acquittal Reports

Add the SACS Supplementation Acquittal requirements as follows for 2013-2014:

E.4 / Financial Acquittal Reports
2013-2014
SACS Supplementation will need to be accounted for in the Financial Acquittal Reports to be provided by you. You will also need to sign a statutory declaration certifying that the supplementation funds have been spent in accordance with this agreement.

6.  Item E.5 – Other Reports

Delete Other Reports and replace with the following:

E.5 / Other Reports
Disability Services Census Report
You must complete the annual Disability Services Census as required under the National Disability Agreement by providing information on the outlet operations of all FaHCSIA-funded disability service outlets on the Service Outlet Form and every Supported Employee who accessed supported employment services through the FaHCSIA Online Funding Management System (FOFMS). Participation in the Disability Services Census will be required for the periods:
2013 (1 July 2012 to 30 June 2013)
2014 (1 July 2013 to 30 June 2014)
You must refer to the Data Guide and any other instructions provided by FaHCSIA when completing the information requirements under the Disability Services Census.

7.  Item F – Milestones/Reporting Requirements/Payment Schedule

Delete Milestones/Reporting Requirements/Payment Schedule and replace with following:

Item F / milestones / Reporting requirements / Payment schedule /
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. /
Milestones and Reports / Activity
(if Applicable) / Information to be included / Due Date / Payment
Amount
(GST excl.) / GST /
F.1 / 2013-2014 SACS Supplementation / Disability Employment Assistance / Not applicable / On execution of this variation / $ / $
F.2 / Report / Disability Employment Assistance / Disability Services Census Report in accordance with the requirements of Item E.5. / 22 July 2013 / N/A / N/A
F.3 / Acquittal Report / Disability Employment Assistance / Provide annual independently audited financial acquittal report in accordance with Item E.4. / 31 October 2013 / N/A / N/A
F.4 / Performance Report / Disability Employment Assistance / Provide data on activity performance indicators. The data will be completed using a performance data template which will be provided to you by us. / 31 October 2013 / N/A / N/A
F.5 / Report / Disability Employment Assistance / Disability Service Census Report in accordance with the requirements of Item E.5 / 22 July 2014 / N/A / N/A
F.6 / Acquittal Report / Disability Employment Assistance / Provide annual independently audited financial acquittal report in accordance with Item E.4. / 31 October 2014 / N/A / N/A
F.7 / Performance Report / Disability Employment Assistance / Provide data on activity performance indicators. The data will be completed using a performance data template which will be provided to you by us. / 31 October 2014 / N/A / N/A

8.  Attachment A – A1.1 Case Based Funding Fees

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

Core Fee / Amount
Intake Fee / $587
Employment Assistance Fee (or Pre-DMI Fee)
(per month, for up to 12 months) / $587
(up to a maximum of $7,044)
Employment Maintenance Fee: / Amount
Per Month / Amount
Per Annum
·  Level 1 / $345 / $4,140
·  Level 2 / $587 / $7,044
·  Level 3 / $879 / $10,548
·  Level 4 / $1,168 / $14,016

Table 2 – Case Based Funding Additional Fees 2013-2014

Additional Fee / Amount /
Work Based Personal Assistance / Either:
·  $29.40 per hour where the work based personal assistance is provided by an Approved Support Worker from within the Outlet; or
·  $38.90 per hour where the work based personal assistance is purchased from a second agency,
is provided up to a maximum of 10 hours per week or 40 hours over a four week period.
Incentives for Australian Apprenticeships / ·  $126.50 when the Supported Employee accumulates 4 weeks working in an Australian Apprenticeship/Traineeship;
·  $250 when the Supported Employee accumulates 13 weeks working in an Australian Apprenticeship/Traineeship; and
·  $371 for each year that the Supported Employee works in an Australian Apprenticeship/Traineeship.
Rural and Remote Service Supplement / ARIA Classification: / Amount
Per Month / Amount
Per Annum
·  Highly Accessible: / Nil. / Nil.
·  Accessible: / $1,394 / $16,728
·  Moderately Accessible: / $2,789 / $33,468
·  Remote: / $4,182 / $50,184
·  Very Remote: / $5,571 / $66,852
Existing High Cost Worker’s Payment / An amount in excess of CBF Employment Maintenance Fee Level 4, as determined by us in accordance with paragraph 26 of the Operational Guidelines.

9.  Attachment C - Operational Guidelines – Disability Employment Assistance

a.  Delete on page 1 - Version No 2 and Replace with Version No 3

b.  Delete Date on page 1: July 2012 and Replace with Date: July 2013

c.  Footer – Delete V2.7.2012 and Replace with V3.7.2013

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’.

h.  Paragraph 17.4 – insert at the beginning of the paragraph the following sentence. ‘A Supported Employee has up to 12 months from their Intake Assessment to achieve an Employment Outcome excluding periods of Suspension’. Delete ‘a DMI’ and replace with ‘If the DMI’ at the beginning of the second sentence.

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

m.  Insert a new Paragraph 33 – Resources.

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’.

r.  Appendix B – Disability Maintenance Instrument Guidelines V6 – Table 7 – Insert the word ‘cumulative’ between ‘13’ and ‘weeks’.

s.  Appendix 1 – DMI Reassessment Triggers Table – Trigger 3 – Significant changes in disability - insert the word ‘and’ between ‘Documentation from an independent health professional describing the change in disability’ and ‘Documented observations by the Organisation demonstrating the impact on work performance and support requirements.’

t.  Appendix 1 – DMI Reassessment Triggers Table – Trigger 4 – Significant change in personal circumstances - disability – insert the word ‘and’ between ‘Self-reported information from the Supported Employee, and/or a communication from a carer, advocate or family member, documented by the Organisation, is preferable’ and ‘Documented observations from the Organisation that demonstrate the impact on support requirements’.

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