Attorney-General’s Department
Indigenous Legal Assistance
Programme from 2015-16
Indigenous Legal Assistance ProgrammeApplication Pack for Tasmania
Applications close at 5.00pm (Australian Eastern Standard Time) on 22 May 2015
Contents
INTRODUCTION
PART I - GENERAL INFORMATION FOR APPLICANTS
PART II – APPLYING FOR FUNDING
PART III – ASSESSMENT PROCESS
PART IV – APPLICATION FORM
PART V – FREQUENTLY ASKED QUESTIONS
PART VI - APPLICATION CHECKLIST
INTRODUCTION
The Attorney-General’s Department (the department) is seeking applications for the delivery of Indigenous legal assistance to communities across Tasmania. The successful applicant will be selected through an open competitive grants funding process.
You must submit your application for funding electronically to . If necessary, please contact the department via the email address above to seek permission to submit an application via an alternative means.
Enquiries
All enquiries relating to the grants funding round for Tasmania should be directed to the Director, Indigenous Legal Assistance Programme at 02 6141 4821.
LateApplications
The department reserves the right to not accept late applications. Late applications will be considered only in exceptional or unanticipated circumstances. The decision to accept or reject a late application will be at the discretion of the department.
If the applicant considers that its application will be late it should send notification to ior to the closing time, advising of the circumstances for the delay. The department will take the reasons into consideration when deciding whether or not to accept the late application.
PART I - GENERAL INFORMATION FOR APPLICANTS
Background
The Australian Government is committed to ensuring access to justice for Indigenous Australians and improving the lives of Indigenous peoples, including ensuring communities are made safer and that the ordinary law of the land applies. The Indigenous Legal Assistance Programme (the Programme) forms a key part of that commitment.
The objective of the Programme is to ensure that Indigenous people are able to access justice and exercise their rights in the same way as other Australians. The Programme funds culturally appropriate legal assistance services which are accessible to Indigenous people and reduce the disadvantage they experience when engaging with the justice system.
The range of legal assistance services to be provided includes:
- discrete assistance such as information, referral, legal advice, non-legal support and task assistance
- community legal education including early intervention and prevention activities
- facilitated resolution processes
- duty lawyer assistance, and
- representation services for criminal, civil and family law matters.
In 2015-16, base funding of approximately $2.3 millionwill be available for Indigenous legal assistance in Tasmania.
Programme Guidelines
Funding will be allocated according to the Programme Guidelines for Indigenous Legal Assistance Programme from 2015-16 when they are approved. Theguidelines outline the programme objectives and principles, funding arrangements for the programme including eligibility and programme management requirements.
This Application Pack must be read in conjunction with the Programme Guidelines. Applicants should read this document to familiarise themselves with the Programme beforecompleting the application form.
The Programme Guidelines are available on the department's website at ILAP funding round - Tasmania.
PART II – APPLYING FOR FUNDING
Applications are sought from organisations that can operate state-wide, are committed to improving the lives of Indigenous Australians and can deliver culturally appropriate legal assistance to Indigenous people across Tasmania. This includes:
- Indigenous and non-Indigenous non-government organisations
- not for profit organisations
- state/territory and local government entities, and
- corporate profit focused entities.
Applicants do not require a prior established funding relationship with the department.
To be eligible for funding, organisations must be eithera statutory body, state/territory/local government or:
- a legal entity (excluding individual persons) with an Australian Business Number and registered for GST
- able to deliver legal services to third parties i.e. clients, and
- demonstrate sound governance and financial management (including necessary insurances).
Incorporation Requirements
Organisations are required to beincorporated under the:
- Corporations (Aboriginal and Torres Strait Islander) Act 2006 Cth, or
- Corporations Act 2001 Cth.
Organisations will have six months from the date of execution of the Funding Agreement or variation to comply with the incorporation requirements. The department may consider longer transition periods for organisations on a case-by-case basis.
The department may provide an exemption where an organisation can demonstrate the requirements may excessively disadvantage their operations.
Funding Agreement
Successful applicants will be required to sign a Funding Agreement with the Commonwealth, represented by the Attorney-General’s Department, before receiving any funding.
The Funding Agreement and its schedule will provide a detailed description of the services to be delivered. It will outline the terms, conditions and obligations of the organisation,including service delivery, performance and accountability and reporting requirements. The obligations of the department are also outlined. Funding will be paid in instalments throughout the life of the Agreement. The payment of funding will be in accordance with the Funding Agreement.
A copy of the Standard Long Form Funding Agreement is available on the department’s websiteatILAP funding round – Tasmania.
Please note, Funding Agreement details of the successful applicant (including their name and the amount of funding awarded) will be posted on the department's website as part of legislative reporting obligations.
Timeframes
The department will notify all applicants of the outcome in writing as soon as a decision is made.The department will contact the successful applicant to discuss the preparation of the Funding Agreement.
The department may award funding on a single year or multi-year basis at its sole discretion.
Completing the Application Form
Applicants should submit only one (1) application form. The Application Form is available at Part IV of this application pack or on the department’s website at ILAP funding round – Tasmania.
Organisations applying must be prepared to meet the costs associated with the development and lodgement of their application.
The Application Form must be completed in English. The Declaration in the Application Form must be signed by a person authorised to act on behalf of the applicant.
Conflict of Interest
Applicants should declare any potential perceived or actual conflict of interest, and include as part of the application a statement.
- identifyingthe conflict of interest that may apply to theapplication, or the delivery of services, and
- describe the procedures and methods to be implemented to manage the conflict of interest declared.
Qualifications and Licencing
Applicants should ensure that they will be able to comply with all applicable laws, including maintaining all qualifications, permits, registrations and licences, if their application is successful.
Insurance
Applicants should ensure that they will be able to comply with the insurance requirements in accordance with the Programme Guidelines and Terms and Conditions of the Funding Agreement, if their application is successful.
A Funding Agreement with a successful applicant will not be executed until the required insurances have been obtained and copies of certificates of currency for the required insurances are provided to the department.
Taxation Implications
Organisations are responsible for ensuring they comply with the relevant taxation requirements.For general guidance on the taxation treatment of grants and funding from the Commonwealth, applicants may wish to refer to the Australian Taxation Office website at
However, applicants are advised that it is their responsibility to seek independent advice from a taxation professional on the tax impact of programme funding paid.
Application format and content
Applicants should:
- comply with the application submission requirements listed in the Application Checklist found in Part VI of the Application Pack
- include sufficient information to enable the department to assess the application and make a value for money determination, and
- be clear, concise and answer all information requirements in this Application Pack.
Applications from a Consortium
The department will accept applications from a consortium. A consortium wishing to apply for funding will be required to identify one organisation as the lead. The lead organisation will be required to submit the application on behalf of the consortium.
The application must include a letter of support from each organisation (apart from the lead applicant) involved in the project. Each letter of support must explain the:
- role of the organisation in the consortium and an overview of how the organisation will work with the lead organisation and any other participating organisation(s) to support the successful provision of services
- relevant experience and/or expertise the participating organisation will bring to the consortium, and
- resources the organisation will contribute (if any).
Where a consortium application is successful, the department will manage the funding through a funding agreement with the lead organisation. The lead organisation will be required to sign the funding agreement, receive the funding and assume legal responsibility for the delivery of services.
Complete the Application Checklist
Before an applicant submits an application, the checklist in Part VI should be completed. The checklist does not need to be submitted with your application. Rather it is provided as a support mechanism to enable applicants to manage the process of creating an application. It is up to the applicants to ensure that they provide a full response to this grant process.
Submit Your Application
You must submit your application for funding in accordance with the instructions outlined in this Application Pack. You are responsible for ensuring that your application is completed accurately and is provided by the due date and time.
You may not alter the substance of your application following its submission. If you discover an error in your application you should inform the department immediately through the contact details provided.
The department may request further information from you to clarify any aspect of your Application.The department reserves the right to reject incomplete applications where the department has found an Application does not meet the minimum standards of compliance requirements.
It is recommended you retain a copy of your application for your records.
PART III – ASSESSMENT PROCESS
Applications will be assessed to determine which of them allows the Australian Government to best achieve the objective and outcomes of the Programme.
The Application Form specifies the Assessment Criteria to be met. Only applications that satisfy all the criteria will be considered. All applications will be assessed to ensure they deliver value for money.
Applications will be assessed by officers from the department. When assessing applications, officers will use the criteria outlined in the Application Form. The department may seek information about applicants from any other source, including from within the Commonwealth, whether or not the contacts are nominated as referees by the Applicant.
The department may also consider information about the applicant that is made available through the normal course of business of the department. The department reserves the right to seek further information for the purposes of clarifying any Application received.
Following the assessment of the applications, advice will be provided to the Approver (AttorneyGeneral or departmental delegate) on the merits of the applications. The final decision about the approval of a grant will be made by the AttorneyGeneral or departmental delegate.
The Approver will consider whether the proposal will make an efficient, effective, ethical and economical use of Australian Government resources, as required by Australian Government (Commonwealth) legislation, and whether any specific requirements will need to be imposed as a condition of funding.
The assessment process will assess all applications on the same basis. All staff involved in the assessment process will also be required to declare any real or perceived conflict of interest and take appropriate action as required.
Your application will be assessed in competition with other applications based on the eligibility criteria and the responses you provide to the selection criteria to address the policy objective.
Assessment Criteria
The department will assess applications against the following selection criteria. Applicants will be required to demonstrate their ability to:
- deliver accessible, culturally appropriate legal assistance to Indigenous Australians across various locations and service outlets
- deliver community legal education and outreach services to clients in regional areas
- collaborate with other legal assistance providers and coordinate the delivery of services, which align with shared priorities and reduce duplication across providers
- collaborate and build relationships with state government agencies and other providers of community services
- manage financial affairs with transparency, using strong governance arrangements and risk management practices, and
- achieve the outcomes of the Programme and deliver value for money.
The criteria are not listed in any particular order and will be weighted evenly. In assessing applications, material included in response to one criterion may be used in the assessment of other criteria.
PART IV – APPLICATION FORM
Indigenous legal assistance programme
Improving access to justice for Indigenous Australians
Indigenous Legal Assistance in Tasmania
From 1 July 2015
Application form
PRIOR TO COMPLETING THIS FORM
Please read: Programme Guidelines for Indigenous Legal Assistance Programme from 2015-16, available at: ILAP funding round – Tasmania
CONTACT DETAILS
If you have any questions regarding the Indigenous Legal Assistance Programme
visit:Indigenous Legal Assistance Programme
or
ILAP funding round – Tasmania
email:
telephone:02 6141 6666
CLOSING DATE
Applications close at 5pm AEST on Monday 22 May 2015
Please note that all fields must be completed (including inserting NA if not relevant to your proposal)
All applications must be submitted in full and late entries may not be accepted
Applications must be submitted by email to:
SECTION 1: APPLICANT DETAILS
APPLICANT DETAILS
Legal name of applicant:Trading name of applicant (if applicable):
ABN: / ACN:
Registered business address:
Suburb: / State/Territory: / Postcode:
Are you registered for GST?YesNo
Legal entity type: Partnership Incorporated Association CompanyOther
Provide details of legislation and regulation your organisation operates under, including your incorporation legislation and the regulator for ensuring compliance. For example, your organisation may be required to comply with legislation to licensing arrangements.
Is your organisation registered with the Australian Charities and Not-for-profits Commission (ACNC)?
YesNo
Does your organisation have a website? YesNo
If yes, please provide your website URL:
APPLICANT BANK DETAILS
To be used in the event that your application is successful. This does not indicate the outcome of your application.
Account name:BSB:
Account number:
Bank name:
AUTHORISED PERSON CONTACT DETAILS
Provide contact details for the person in your organisation who is authorised to enter into a Funding Agreement with the Australian Government if your application is successful
Position / role:Title: / First name: / Surname:
Postal address:
Suburb: / State/territory: / Postcode:
Phone (daytime): / Phone (after hours):
Email address:
CONTACT PERSON
Provide contact details for the person in your organisation who will be responsible for day-to-day contact with the Indigenous Legal Assistance Programme if your application is successful
Position / Role:Title: / First name: / Surname:
Postal address:
Suburb: / State/Territory: / Postcode:
Phone (daytime): / Phone (after hours):
Email address:
SECTION 2: SERVICE DELIVERY DETAILS
SERVICES THAT WILL BE DELIVERED
Provide a summary of Services your organisation delivers or intends to deliver
DELIVERY OF LEGAL SERVICES TO INDIGENOUS AUSTRALIANS
Provide details of your organisation’s ability to deliver legal services to third parties i.e. Indigenous clients and how you will ensure access to legal services for all eligible Indigenous people, in line with the Commonwealth test for identification as an Aboriginal or Torres Strait Islander person: descent (without requiring archival or other historical records), self-identification and community acceptance.
GOVERNANCE AND FINANCIAL MANAGEMENT
Provide details on the governance and financial management structures in place within your organisation and how these will support the effective delivery of services
SECTION 3: ASSESSMENT CRITERIA
Criterion 1— Deliver accessible, culturally appropriate legal assistance to Indigenous Australians across various locations and service outlets. (e.g.provide details of how services will be delivered in a culturally appropriate way; types of services; how areas will be serviced and the locations from which services will be delivered. Do you have Indigenous staff?) (Maximum 500 words)
Criterion 2— Deliver community legal education (CLE) and outreach services to clients in regional areas. (e.g.provide details of how CLE will be delivered, how outreach services will be delivered and from which locations.) (Maximum500words)
Criterion 3— Collaborate with other legal assistance providers and coordinate the delivery of services, which align with shared priorities and reduce duplication across providers. (e.g.provide details of how you do or will collaborate with other providers, where relevant including examples of when you have collaborated in the past. The locations from which you will deliver services, including your proposed head office. The types of legal services you will provide at each locationand how you will minimise duplication of services.) (Maximum 500 words)
Criterion 4— Collaborate and build relationships with state government agencies and other providers of community services. (e.g. describe how you would participate in forums with legal assistance providers and other community services; describe the collaborative activities you will share with those providers. Provide examples where possible.) (Maximum 500 words)