NATIONAL DISABILITY COORDINATION OFFICER PROGRAM PROGRAM GUIDELINES 1 JULY 2013 – 30 JUNE 2016 National Disability Coordination Officer Program | Program Guidelines 2013 1 ©Commonwealth of Australia 2012 This work is subject to copyright. Apart from any use as permitted under the Copyright Act 1968, no part shall be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction rights should be addressed to: Branch Manager National Disability Coordination Officer Program Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education Level 3, 14 Mort Street Canberra ACT 2601 National Disability Coordination Officer Program | Program Guidelines 2013 2 NATIONAL DISABILITY COORDINATION OFFICER PROGRAM OVERVIEW .......................................... 5 1.1 PURPOSE OF THESE PROGRAM GUIDELINES .............................................................................................. 5 1.2 PROGRAM OVERVIEW .......................................................................................................................... 5 1.3 POLICY CONTEXT & PROGRAM RATIONALE ............................................................................................... 5 1.4 OBJECTIVES, OUTCOMES AND KEY PERFORMANCE INDICATORS .................................................................... 7 1.5 NATIONAL DISABILITY COORDINATION OFFICER REGIONS ............................................................................ 8 PROGRAM ORIENTATION ................................................................................................................... 9 2.1 TARGET GROUP .................................................................................................................................. 9 2.2 KEY STAKEHOLDERS ............................................................................................................................. 9 ROLES AND RESPONSIBILITIES OF PROVIDERS.................................................................................. 10 3.1 OVERVIEW ....................................................................................................................................... 10 3.2 ROLES OF THE PROVIDERS FUNDED UNDER THE PROGRAM ........................................................................ 10 3.3 CRITERIA FOR SELECTING NDCOS......................................................................................................... 11 ADVISORY COMMITTEES .................................................................................................................. 13 4.1 OVERVIEW ....................................................................................................................................... 13 4.2 COMPOSITION OF THE ADVISORY COMMITTEE ........................................................................................ 13 4.3 ROLES AND RESPONSIBILITIES............................................................................................................... 14 4.4 GUIDING PRINCIPLES OF GOVERNANCE .................................................................................................. 14 REQUIRED ACTIVITIES OF THE NDCO ................................................................................................ 15 5.1 OVERVIEW ....................................................................................................................................... 15 5.2 PRINCIPLES OF PRACTICE ..................................................................................................................... 15 5.3 NDCO REQUIRED ACTIVITIES: ............................................................................................................. 16 REPORTING AND MONITORING REQUIREMENTS ............................................................................. 20 6.1 REPORTING AND MONITORING OVERVIEW ............................................................................................. 20 6.2 ENVIRONMENTAL ANALYSIS ................................................................................................................. 21 6.3 STRATEGIC PLAN ............................................................................................................................... 21 6.4 ANNUAL BUSINESS PLAN .................................................................................................................... 22 6.5 PROGRESS REPORT ............................................................................................................................ 22 6.6 ANNUAL REPORT ............................................................................................................................... 22 6.7 FINAL REPORT .................................................................................................................................. 23 6.8 PROVISION OF FALSE OR MISLEADING INFORMATION ............................................................................... 24 6.9 PROVIDER MONITORING ..................................................................................................................... 24 6.10 UNSATISFACTORY PERFORMANCE ....................................................................................................... 24 ROLES AND RESPONSIBILITIES OF PROVIDERS - PROGRAM ADMINISTRATION ................................ 26 7.1 OVERVIEW ....................................................................................................................................... 26 7.2 FUNDING AGREEMENTS ...................................................................................................................... 26 7.3 FUNDING AGREEMENT VARIATIONS ...................................................................................................... 26 7.4 FUNDING ......................................................................................................................................... 27 7.5 PAYMENTS ....................................................................................................................................... 27 7.6 TAX INVOICES ................................................................................................................................... 27 7.7 AUDITED FINANCIAL ACQUITTAL ........................................................................................................... 28 7.8 UN-ACQUITTED AND UNEXPENDED FUNDS ............................................................................................. 28 7.9 SURPLUS FUNDING AND DEFICITS ......................................................................................................... 29 7.10 BANK ACCOUNTS ............................................................................................................................ 29 7.11 ASSETS .......................................................................................................................................... 29 7.12 ASSETS REGISTER ............................................................................................................................ 30 7.13 RECORDS MANAGEMENT .................................................................................................................. 30 7.14 MARKETING ................................................................................................................................... 30 7.15 RISK MANAGEMENT ........................................................................................................................ 31 7.16 CONFLICT OF INTEREST ..................................................................................................................... 31 7.17 ANNUAL NDCO CONFERENCES.......................................................................................................... 31 AUSTRALIAN GOVERNMENT RESPONSIBILITIES ............................................................................... 32 8.1 PROGRAM MANAGEMENT OVERVIEW ................................................................................................... 32 8.2 PROGRAM DELEGATE ......................................................................................................................... 32 8.3 CONTRACT MANAGEMENT .................................................................................................................. 32 National Disability Coordination Officer Program | Program Guidelines 2013 3 8.4 MANAGEMENT OF NDCO PROGRAM WEBSITE....................................................................................... 32 8.5 MONITORING AND AUDITING .............................................................................................................. 32 8.6 PROVISION OF HIGH LEVEL ADVICE AND DISPUTE RESOLUTION .................................................................. 33 8.7 GENERAL PROGRAM MANAGEMENT ..................................................................................................... 33 8.8 AUSTRALIAN GOVERNMENT MATERIAL .................................................................................................. 34 8.9 COMPLAINTS HANDLING ..................................................................................................................... 34 8.10 STRATEGIC PROJECT FUNDING ........................................................................................................... 34 LEGISLATIVE REQUIREMENTS ........................................................................................................... 35 9.1 OVERVIEW ....................................................................................................................................... 35 9.2 DISCRIMINATION LEGISLATION ............................................................................................................. 35 9.3 PARTICIPANTS’ CONFIDENTIALITY.......................................................................................................... 35 9.4 PRIVACY ACT .................................................................................................................................... 35 9.5 PRIVACY COMPLAINTS ........................................................................................................................ 36 9.6 FREEDOM OF INFORMATION ................................................................................................................ 36 9.7 WORKING WITH CHILDREN CHECKS....................................................................................................... 36 9.8 INSURANCE AND INDEMNITY ................................................................................................................ 40 GLOSSARY ........................................................................................................................................ 41 ACRONYMS ...................................................................................................................................... 43 ATTACHMENT A ............................................................................................................................... 44 ATTACHMENT B ............................................................................................................................... 46 National Disability Coordination Officer Program | Program Guidelines 2013 4 1 NATIONAL DISABILITY COORDINATION OFFICER PROGRAM OVERVIEW 1.1 Purpose of these Program Guidelines The Program Guidelines (‘the Guidelines’) set out the requirements for the administration and delivery of the National Disability Coordination Officer Program by Providers on behalf of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (‘the Department’). The Guidelines form part of the Funding Agreement between the ‘Commonwealth’ and the ‘Provider’ for delivery of the National Disability Coordination Officer (NDCO) Program (‘the Funding Agreement’). The Funding Agreement and these Guidelines must be read and complied with jointly, for the purpose of administering and delivering the Program. If there is any inconsistency between the terms of the Funding Agreement and these Guidelines, the terms of the Funding Agreement shall prevail. In accordance with item B.4 of Schedule 1 of the Funding Agreement, the Department reserves the right to amend these Guidelines at any time. Providers will be advised in writing of any amendments. 1.2 Program Overview The NDCO Program works strategically to assist people with disability access, and participate in ‘Tertiary Education’ and subsequent employment, through a national network of regionally based NDCOs. The NDCOs work with stakeholders at the local level to reduce systemic barriers, facilitate smooth transitions, build links and coordinate services between the education, training and employment sectors. 1.3 Policy Context & Program Rationale The Government’s nation-building agenda, investing in education, skills and increasing productivity lies at the heart of the current social policy context. It is through long term government investment in skills and human capital, that Australia will become better equipped for meeting the social and economic challenges of the 21 Century and become a more socially robust and inclusive society. ‘The Productivity Agenda involves a broad approach that aims to lift national productivity and build social inclusion through reforms to early childhood, secondary and tertiary education, employment and workplace relations.... The policy goal is to drive partnership initiatives that will contribute to addressing the economic challenges facing the Australian economy, such as those posed by global competition and major demographic changes, by National Disability Coordination Officer Program | Program Guidelines 2013 5 boosting productivity growth and participation in the workforce, which would, in turn, support an increase in living standards.’ (2010)1. Disability is one of the priority areas for increasing economic and social participation and effecting social change as part of the Australian Government’s social inclusion agenda. The removal of barriers to participation especially for people who face multiple disadvantage is integral to a meaningful and productive life and socially just and civilised society. To this end, the Australian Government has formulated a number of priorities in terms of ameliorating their access to education and training and enhancing their life prospects and quality of life. The National Disability Agreement (‘NDA’) (2008) and the National Disability Strategy (‘NDS’) (2011) provide the framework and strategies for defining the roles and responsibilities across all jurisdictions pertaining to disability. These elements set the direction in terms of determining the social, economic and human rights imperatives for people with disabilities. The release of the Productivity Commission’s Report (2011) where all governments agreed with the recommendation to establish a National Disability Insurance Scheme (‘NDIS’) marks a defining moment for people with disability and their families/carers. The NDIS supports choice for people with disability, their families and carers, and puts people with disability in control of the care and support they receive, based on need. NDIS will also assist to increase opportunities for people with disability to participate in the community and the workforce. For people with disabilities a number of local and systemic barriers impede their successful transition and participation in Higher Education and Vocational Education and Training (‘Tertiary Education’) and subsequent employment. One of the main challenges faced by people with disability relates to the difficulty experienced when navigating through the maze of education/training options and support services. This issue is compounded by the lack of coordination between the education, training, employment and service provision sectors and the lack of awareness among people with disability about their rights and entitlements. In addition, for stakeholders in the education, training and employment sectors there are varying levels of knowledge and capability to support people with disability. Often there are low expectations from stakeholders, families and carers about the ability of people with disability to succeed in education, training and employment. It is difficult in this context for people with disability to cultivate an alternative view of their own abilities. The NDCO Program (‘the Program’) seeks to address these barriers by improving the coordination and collaboration among service providers and building their capability to support people with disability. The Program also seeks to increase the knowledge and awareness of people with disability about their post-school options and supports to enable them to participate in education and subsequent employment to the same extent as people without disabilities. The Australian Government has also made a commitment to Closing the Gap between Indigenous and non-Indigenous Australians across urban, rural and remote areas. Closing the Gap raises the bar in terms of the effort and efficacy of Government policies and programs in seriously addressing the social divide between Indigenous and non-Indigenous 1 http://apo.org.au/research/measuring-impact-productivity-agenda National Disability Coordination Officer Program | Program Guidelines 2013 6 Australians. The Program helps to achieve the Australian Government’s objective of Closing the Gap in its work with Aboriginal and Torres Strait Islander people with disability. 1.4 Objectives, Outcomes and Key Performance Indicators There are three key objectives for the Program: • improved linkages between schools, Tertiary Education providers, employment service providers and providers of disability programs and assistance at all government levels; • improved transitions for people with disability between school / community and Tertiary Education, and then to subsequent employment; and • improved participation by people with disability in Tertiary Education and subsequent employment. Providers work towards achieving the following four Program outcomes for the Program: • services that facilitate transitions and participation in Tertiary Education and subsequent employment for people with disability are coordinated; • local networks collaborate to identify and overcome barriers in transitions and participation in Tertiary Education and subsequent employment for people with disability; • stakeholders have the knowledge and capability to support transitions and participation in Tertiary Education and subsequent employment for people with disability; and • people with disability make decisions about their education and employment based on an improved knowledge of their rights and entitlements, supports available, educational options and pathways to employment. The following Key Performance Indicators (KPIs) will be used to measure the success of the Program and the Providers delivering it, and ensure the overall objectives are being met. The KPIs are as follows: • number of local self-sustaining networks focusing on education, training and employment that are established or existing networks supported; • local stakeholders report their improved knowledge of programs and services to facilitate transitions and coordinated service provision in Tertiary Education and subsequent employment for people with a disability; • local stakeholders report collaboration on the identification of barriers and development of solutions that facilitate transition and participation in Tertiary Education and subsequent employment for people with disability; and • local stakeholders report an improved knowledge and capability to facilitate successful transitions and participation in Tertiary Education and subsequent employment for people with disability. The Program Logic Model (contained in Attachment A) demonstrates the link between the Program objectives, outcomes and KPIs. National Disability Coordination Officer Program | Program Guidelines 2013 7 1.5 National Disability Coordination Officer Regions In order to achieve national coverage, 31 NDCO Regions have been established for delivery of the Program by Providers. The NDCO Regions are made up of clusters of Australian Bureau of Statistics (ABS) defined Statistical Areas Level 2s (SA2s). This classification of geographic area represents a community that interacts together socially and economically. The SA2 level is a medium-sized general purpose area for which important social and economic data is readily available from the Census and other sources. In defining NDCO Regions, the Department has also taken into consideration the experience of the first funding round of the Program, local circumstances, and the geographic make-up to ensure that regions are viable both operationally and financially. An additional benefit of basing the NDCO Regions on ABS SA2 is that it allows greater alignment with other Australian Government programs. Maps of the NDCO Regions are available on the NDCO Program website. The Department funds one Provider per NDCO Region. National Disability Coordination Officer Program | Program Guidelines 2013 8 2 PROGRAM ORIENTATION 2.1 Target Group NDCOs work at the strategic level with a range of stakeholders to assist working age people (aged 15-64) with disability to be better supported to successfully transition to and participate fully in Tertiary Education and subsequent employment. 2.2 Key Stakeholders Providers must ensure that NDCOs build effective, collaborative relationships in order to identify issues and opportunities within their NDCO Region to influence systemic change. NDCOs are expected to build and maintain relationships with the following stakeholders operating within their region: • schools, including government, catholic and independent; • Tertiary Education institutions, including universities, Technical and Further Education (TAFE) institutes, community colleges, Registered Training Organisations (RTOs), Group Training Organisations (GTOs) and alternative education program providers; • employment agencies, including Disability Employment Service (DES) providers, Job Services Australia (JSA) providers, the National Disability Recruitment Coordinator (NDRC), employer groups and peak bodies; • disability services and community agencies that support people with disability; and • mainstream government programs which operate in the education, training and employment sectors, particularly those focused on transitions. Providers must ensure that NDCOs form relationships with stakeholders that provide relevant services to Aboriginal and Torres Strait Islander people. NDCOs need to work together to develop culturally appropriate responses to support Aboriginal and Torres Strait Islander people with disability to transition through the school to work continuum. Providers must ensure that NDCOs work cross-sectorally, applying a whole of government and whole of community approach to harness existing resources to achieve outcomes. NDCOs must also avoid duplication with other program and initiatives including other Australian Government or State/ Territory funded providers of assistance/ services for people with disability. Providers will be required to monitor and report on the level of contact by NDCOs and the effectiveness of these contacts with all stakeholders in their NDCO Region (Refer to Chapter 6 of these Guidelines). National Disability Coordination Officer Program | Program Guidelines 2013 9 3 ROLES AND RESPONSIBILITIES OF PROVIDERS 3.1 Overview Under their Funding Agreement, Providers are required to employ an NDCO to undertake required activities, as outlined in Chapter 5 of these Guidelines, in the nominated NDCO Region. All activities undertaken by Providers must contribute towards meeting the Program objectives and outcomes as well as achieving the Program’s KPIs. 3.2 Roles of the Providers Funded Under the Program Providers must: • Ensure that they have the capacity to deliver the Program across the entire NDCO Region that they are contracted for and are able to respond flexibly to the needs of people with disability. • Employ a full time (or equivalent) NDCO to undertake required activities (as outlined in Chapter 5) in the nominated NDCO Region as per the selection criteria for the role (as outlined in Section 3.3 below). • Be responsible for all requirements in relation to the employer/employee relationship with the NDCO, including, but not limited to, payment of their salary and other entitlements and making superannuation contributions. The salary and on-costs for the NDCO position must be at least $85,000 in the first year of the Funding Agreement period. • Establish and maintain an Advisory Committee to provide guidance and support to the NDCO for the duration of the Funding Agreement (as per the requirements outlined in Chapter 4). • Provide and maintain suitable office space located within the NDCO Region, as well as secure storage space, access to meeting rooms, mobile phone and landline, facsimile and computer with email and internet services for the NDCO. The office must be appropriately equipped and easily accessible for a person with disability, as well as complying with relevant State and Territory Workplace Occupational Health and Safety legislation and standards. • Ensure that the NDCO has access to regular professional development opportunities. • Cover the cost of appropriate travel and accommodation undertaken by the NDCO in the course of attending required NDCO functions, including for the NDCO to attend an annual NDCO Conference. • Nominate a manager for the NDCO (the NDCO Manager) who can be contacted by the Department in regards to the Program and performance. The NDCO Manager as part of their role should: o ensure that the NDCO is inducted, supported, and supervised in their role to successfully provide the required activities across the entire NDCO Region; National Disability Coordination Officer Program | Program Guidelines 2013 10 o o meet regularly with the NDCO to discuss progress and planning as well as tracking of the annual budget; and raise any issues in relation to Program delivery on a needs basis with the Department. • Meet the specified reporting requirements outlined in Chapter 6 of these Guidelines and item L, Schedule 1 of the Funding Agreement, including the collection of relevant data and performance information and supply to the Department as directed. • Attend and facilitate provider monitoring visits conducted by the Department, as outlined in Section 6.9 of these Guidelines. • Immediately inform the Department of any significant changes which affect the organisation’s ability to undertake the Program. • Provide necessary insurance for all aspects of the operation of the Program, including professional indemnity, public liability and appropriate workers’ compensation insurance. 3.3 Criteria for Selecting NDCOs There are a number of key qualities required to effectively operate in the NDCO role. The Provider must use the following selection criteria when selecting an officer for the role, ensuring that the NDCO: • has the capacity to undertake the activities outlined in Chapter 5 and throughout the Program Guidelines; • is a self-starter and is self-motivated – has the capacity to generate their own priorities and patterns of work; • possesses strong interpersonal skills – is able to build and sustain relationships with key stakeholders, gain their confidence and build a sense of mutual understanding of needs and objectives; • is a capable networker – is skilled in facilitating connections across organisations to form affiliations that willingly come together to enact change; • is resourceful – through the interactions with networks, uses creative means to establish and drive specific projects; • is strategic – NDCOs must make strategic decisions about the focus of their work based on the needs of their NDCO Region, the outcomes they can deliver and their engagement with stakeholders; and • possesses good report writing skills – NDCOs must be able to provide succinct accounts of their activities which clearly demonstrate progress made in achieving program outcomes. In addition, the NDCO should be knowledgeable or be able to quickly develop knowledge of: • the complexity of the full spectrum of disabilities within the Australian community; • the policy and program environment and varied organisational cultures evident in the school and Tertiary Education sectors; and National Disability Coordination Officer Program | Program Guidelines 2013 11 • the changing landscape of local labour markets, job services and employment programs. National Disability Coordination Officer Program | Program Guidelines 2013 12 4 ADVISORY COMMITTEES 4.1 Overview The Provider must establish an Advisory Committee comprising of representatives from key stakeholder sectors to provide strategic leadership, support and guidance to the NDCOs and ensure that planning and Program activity is aligned with the identified needs within each NDCO Region. The Providers must ensure that the emphasis of the Advisory Committee is strategic and not overly focused on operational issues or performance reporting. The Advisory Committee’s role will be guided by the terms of reference which must be developed by the Provider and endorsed by the Advisory Committee. The Advisory Committee can be established on a regional basis, state basis, or across a group of NDCO Regions with similar issues/stakeholders, depending on what is identified by Providers as providing the most suitable arrangement. Subcommittees can be established as required to address specific issues. The Provider must confirm the membership of the Advisory Committee with the Department, once it is established, but no later than six weeks from the Program commencement date. If membership of the Advisory Committee changes, advice in writing must be provided to the Department at the time of the change. 4.2 Composition of the Advisory Committee It is recommended that the Advisory Committee consists of 7 to 10 representatives. The Advisory Committee should comprise of the following stakeholders categories: • government schools; • non-government schools; • the Higher Education sector; • the Vocational Education and Training (VET) sector e.g. TAFEs/ RTOs/ the Australian Council for Private Education and Training (ACPET); • the employment sector e.g. DES/ NDRC / employment organisations/ peak bodies such as the Australian Network on Disability (AND); • the community sector e.g. disability service organisations; and • relevant State/Territory government program providers and the relevant departments. It is also recommended that at least one person with disability is included as a representative on the Advisory Committee. The Provider must ensure that members of the Advisory Committee are selected on the basis of the following: National Disability Coordination Officer Program | Program Guidelines 2013 13 • sound knowledge of the NDCO Region(s) in which they operate including the local education, training and employment environments; • good linkages with and influence within their representative sectors, and also generally with their community, schools, Tertiary Education institutions, businesses and industry; and • commitment to and knowledge about the relevant local issues affecting the education and employment of people with disability. All representatives on the Advisory Committee need to be endorsed by their representative sector. 4.3 Roles and Responsibilities The responsibilities of the Advisory Committee include the following: • meeting at least four times in the first year of the Funding Agreement period, and three times annually in all subsequent years of the Funding Agreement period; • sharing knowledge about their sector, helping to identify regional priorities and providing input and guidance into NDCO planning including the Environmental Analysis, Strategic Plan and Annual Business Plans. Where necessary, providing advice for adjusting the plans as a result of changing circumstances, local contingencies or emerging opportunities; • assisting the NDCO to form linkages with their representative stakeholder sectors and advocating for and promoting the Program to these sectors; and • if required, participating in a Program evaluation. 4.4 Guiding Principles of Governance Good governance is underpinned by a values system and a code of conduct that outlines standards of integrity and ethical behaviour, and highlights the level of transparency and consistency in actions of members. The NDCO Advisory Committee and any subcommittees must adopt good governance through using best practice principles of governance including: • endorsing and abiding by the Advisory Committee terms of reference; • establishing clear accountability and transparency of processes – e.g. minutes of meetings conducted and recording all decisions made by the Advisory Committee; • establishing guidelines on safeguarding confidentiality of all discussions and decisions; and • establishing transparent procedures and protocols for addressing actual or potential conflicts of interest – e.g. withdrawal by affected members from relevant discussions or discussion of relevant issues in general rather than specific terms, withholding details about individuals and organisations. National Disability Coordination Officer Program | Program Guidelines 2013 14 5 REQUIRED ACTIVITIES OF THE NDCO 5.1 Overview The Program challenges the systemic barriers that undermine opportunities for people with disability in attaining Tertiary Education qualifications and subsequent employment. Of particular importance is the need to improve transitions processes from school/ community to Tertiary Education and subsequent employment. Providers must ensure that the NDCO they employ develops effective relationships with stakeholders who operate across the school to work continuum in order to identify local barriers and to develop collaborative responses to local needs. In doing so, NDCOs need to demonstrate a balanced, systematic approach in their activities, working to maximise the reach of their activities with institutions within each relevant stakeholder sector, whilst ensuring geographic coverage of their NDCO Region. NDCOs are also expected to contribute to whole of government initiatives to improve education, training and employment outcomes for Aboriginal and Torres Strait Islander people as well as other government priorities as specified by the ‘Program Delegate’ or Program Manager. Beyond formal network meetings, the Department encourages NDCOs to work collaboratively with other NDCOs. 5.2 Principles of Practice The following principles of practice inform the Program and are integral to meeting the objectives and outcomes of the Program. Providers much ensure the NDCOs they employ adhere to these principles, which include: • Collaborative approach – NDCOs must work collaboratively with other stakeholders as partners to identify local needs and gaps, develop localised responses and achieve goals. This can be achieved through the development of communities of practice at the local, state and national levels to share best practice and capture learnings on mutually shared goals. • Focus on systemic barriers– NDCOs must work strategically across sectors to challenge existing systemic barriers (rather than barriers impacting on individuals) to Tertiary Education and employment so that a broader crosssection of people with disability are able to lead dignified and productive lives. • Sustainable aspirations– when building relationships to establish or support networks, NDCOs must work through a continuum, gradually working to empower and foster self determination so that these networks and activities become self–sustaining. The diagram below highlights the desired approach to working with networks/partnerships: National Disability Coordination Officer Program | Program Guidelines 2013 15 • Evidence based activities- NDCO work must be grounded in evidence and adopt a localised approach driven by the needs of the region. • Strengths based approach- NDCOs must use a strengths based approach to build capacity across the relevant sectors and the region. • Non duplication of existing programs – NDCOs must ensure that they do not duplicate or replace the work of other Australian Government or State/Territory funded providers of services for people with disability. 5.3 NDCO Required Activities: Providers must ensure that all NDCO activities contribute to achieving the Program outcomes and objectives. NDCOs must be able to demonstrate the impact of their activities and achievement against meeting the Program’s KPIs in the context of the Environmental Analysis (see Section 6.2 for further information). The following section articulates the required NDCO activities with reference to the Program outcomes: Outcome 1. Services that facilitate transitions and participation in Tertiary Education and subsequent employment for people with disability are coordinated. Required activities: Establish and maintain sustainable networks, and strengthen links with and between all key stakeholders (working in the education, employment, community and disability support sectors) to facilitate improved transitions and participation in Tertiary Education and subsequent employment for people with disability. Support existing networks to incorporate a disability focus, address key issues and effect change to facilitate improved transitions and participation in Tertiary Education and subsequent employment for people with disability. Improve knowledge among stakeholders about opportunities for collaboration and coordination between programs and stakeholders to facilitate better transitions and participation between school/ community, Tertiary Education and subsequent employment for people with disability. Link and collaborate with NDCOs at the regional, state and national level, particularly with NDCOs in the adjacent regions. Examples: Establish or support local networks (comprising of Tertiary Education institutions, employment service providers, local employers and other interested organisations) to improve local employment outcomes for people with disability. Facilitate or support activities that extend and strengthen networks and linkages between National Disability Coordination Officer Program | Program Guidelines 2013 16 providers and stakeholders, such as: networking workshops; or community conversation seminars. Facilitate or support activities that help to improve knowledge and strengthen linkages between secondary schools and Tertiary Education institutions to help improve transitions from school to Tertiary Education such as: ‘post-school options’ expos; and professional development days for career advisory staff. Facilitate or support activities that help to improve knowledge and strengthen linkages between the Tertiary Education institutions and employment service providers to help graduates with disability make successful transitions into suitable and sustainable employment, such as Tertiary Education and training career forums. Outcome 2. Local networks collaborate to identify and overcome barriers in transitions and participation in Tertiary Education and subsequent employment for people with disability. Required activities: Collaborate with local stakeholders across all relevant sectors to identify systemic barriers and service gaps to transitions and participation in Tertiary Education and subsequent employment for people with disability. Facilitate projects in collaboration with local stakeholders across the relevant sectors to overcome identified systemic barriers/issues to transitions and participation in Tertiary Education and subsequent employment for people with disability. Provide advice to the Department and relevant stakeholders about barriers and solutions to transitions and participation in Tertiary Education and subsequent employment for people with disability. Examples: Run a pilot project, with jurisdictional support, for client groups that fall outside the scope of an existing program. Support areas with high migrant populations, through the development of culturally appropriate solutions in collaboration with local stakeholders such as ethno specific/generalist organisations. Innovate a program in collaboration with other stakeholders to address identified local needs. National Disability Coordination Officer Program | Program Guidelines 2013 17 Outcome 3. Stakeholders have the knowledge and capability to support transitions and participation in Tertiary Education and subsequent employment for people with disability. Required activities: Assist in building the capability of education and training providers, including private training providers, to better support their students or prospective students with disability transition and participate in Tertiary Education. Assist in building the capability of employment service providers and employment organisations to better support people with disability obtain and maintain suitable employment. Ensure education and training providers, employment and other key stakeholders have an awareness of their responsibilities under the Disability Discrimination Act 1992 and the Disability Standards for Education 2005. Improve stakeholder knowledge about disability programs and the supports available to enable people with disability to better participate in education and subsequent employment. Cultivate communities of practice which encourage shared learnings, goals and collaboration to improve transitions and participation in Tertiary Education and subsequent employment for people with disability. Examples: Undertake activities to improve knowledge and build the capability of stakeholders in areas of identified need (e.g. assistive technology) such as: professional development days; expos; and workshops. Work with local stakeholders to implement changes to policy and institutional practices to enhance inclusive practices and increase accessibility for people with disabilities. Work with employment service providers to raise awareness and build disability confidence among the employment sector. For example, deliver workshops aimed at changing attitudes and encouraging employers to adopt more inclusive workplace practices. Outcome 4. People with disability make informed decisions about their education and employment based on an improved knowledge of their rights and entitlements, supports available, educational options and pathways to employment. Required activities: Inform people with disability about their rights, entitlements, provider obligations, services and supports available, to help them make successful transitions and participate in Tertiary Education and subsequent employment. Educate and empower people with disability and their families to make informed choices about Tertiary Education and subsequent employment. National Disability Coordination Officer Program | Program Guidelines 2013 18 Raise aspirations about education and employment possibilities among people with disability, their families and carers, and among the education, training, employment and community sectors. Develop inclusive strategies which are reflective of the regional demographics; such as: Aboriginal and Torres Strait Islander people with disability; and people with disability from a CALD background. Examples: Develop and conduct events to inform and empower people with disability, such as: post-school career forums; tertiary tasters; and community events. Facilitate events to inform upcoming tertiary graduates with disability about options and supports available to help them make better transitions to sustainable employment. Facilitate mentoring programs which support people with disability to successfully transition across the school to work continuum. Showcase success stories of people with disability in Tertiary Education and employment. National Disability Coordination Officer Program | Program Guidelines 2013 19 6 REPORTING AND MONITORING REQUIREMENTS 6.1 Reporting and Monitoring Overview Providers are accountable for the funding they receive and must adhere to the reporting requirements in these Guidelines and the Funding Agreement. Planning and reporting requirements apply for each year of the Funding Agreement, as follows: Report Timing Environmental Analysis Submitted as part of the Provider’s response to the Request for Proposal. It should be reviewed annually and updated as required. Strategic plan Four weeks after Funding Agreement start date, to cover the full Funding Agreement period. It should be reviewed annually and updated as required. Business Plan Submitted annually. Annual Report (including two case studies) Submitted annually. Income and Expenditure Statement Submitted annually with the Annual or Final Report. Final Report One month before the end of the Funding Agreement period. Providers will be required to provide these reports electronically through the completion of templates developed by the Department. An evaluation strategy will be used to measure the quality and suitability of the required activities undertaken by Providers using information obtained from reports, data and provider monitoring visits. The Department will also undertake surveys of stakeholders in the NDCO Regions. This information will be used to determine if the Program is achieving the KPIs and meeting its stated objectives. The information submitted by Providers will also be used by the Department to ensure that individual Providers are compliant with the requirements of the Funding Agreement. It will also allow the Department to identify policy and delivery issues early, develop remedial management strategies to assist the Provider to achieve required performance standards, where appropriate, and protect Australian Government funds to ensure they are used appropriately. National Disability Coordination Officer Program | Program Guidelines 2013 20 6.2 Environmental Analysis Providers must develop an Environmental Analysis of their NDCO Region as part of their response to the Request for Proposal. This is a document that outlines and analyses the current and emerging trends, gaps and issues, key stakeholders and existing partnerships, and the community, education, training and employment environment within the NDCO Region. The Environmental Analysis is intended to provide a contextual analysis of the issues facing people with disability and includes, but is not limited to: • an overview of the regional demographics such as identification of regional hubs, transport issues, CALD communities, Aboriginal and Torres Strait Islander populations; • an overview of the school, Tertiary Education, community and employment sector environments including employment opportunities, skills shortages and key industries; • key stakeholders in the region, including those from the school, Tertiary Education, employment and community sector as well existing national, state/territory and local initiatives, services and programs; • the barriers/challenges facing people with disability in the NDCO Region; and • opportunities relevant to the school, Tertiary Education, community and employment sector for people with disability; The Environmental Analysis must be informed by a range of sources including available data sets and input from the Advisory Committee, when established, and by key stakeholders. The Environmental Analysis will be an important driver in the development of the NDCO Strategic Plan and Business Plans and a useful tool to support and inform discussions with stakeholders. In addition it will assist the Department to gain a strategic understanding of the regional barriers that affect people with disability. 6.3 Strategic Plan Providers must develop, and operate in accordance with a Strategic Plan covering the period 1 July 2013 to 30 June 2016. The original proposal submitted by the Provider to the Department will form the basis of the Strategic Plan. The finalised Strategic Plan must be submitted for the Department’s approval within four weeks of the commencement of the current funding round, or by 31 July 2013, whichever is later. Providers must make any changes to the Strategic Plan that may be reasonably required by the Department. Providers must review and update their Strategic Plan if the Provider’s operating environment changes substantially. Providers must implement the approved Strategic Plan. The Strategic Plan must: • identify short and long-term goals for the NDCO Region based on the evidence based needs analysis and priorities identified in the Environmental Analysis; • outline how these align with the Program’s objectives and outcomes and how they will achieve maximum impact within the broader strategic environment; • identify high level strategies that must be implemented to reach each goal; National Disability Coordination Officer Program | Program Guidelines 2013 21 • ensure that all sectors within the NDCO Region (secondary, Tertiary Education, employment and community sectors) are adequately covered • maximise the reach of the NDCO activities with institutions within the above stakeholders sectors; and • ensure that there is adequate geographic coverage of the region. 6.4 Annual Business Plan Providers must develop an Annual Business Plan covering each funding year from 1 July to 30 June. The first Annual Business Plan must be completed and submitted to the Department for the Department’s approval within 8 weeks of the commencement of the current funding round or by 30 August 2013, whichever is later. Subsequent Business Plans must be updated annually and submitted by 15 August. Providers must make any changes to the Annual Business Plans that may be required by the Department. Providers must ensure that Annual Business Plans remain current and responsive to the needs of the target group and stakeholders. Providers must implement the approved Annual Business Plan. The Annual Business Plan must: • set out the activities that the Provider will undertake against the Program objectives, outcomes and goals identified in the Strategic Plan; • demonstrate the evidence of need for each of the planned activities; • describe the intended outcomes against each activity; • describe how these outcomes (impact of the activities) will be measured; and • ensure coverage of all relevant stakeholder sectors across the entire NDCO Region. Providers are strongly encouraged to share their Business Plans with neighbouring NDCO Regions and other States/Territories. This will facilitate collaboration, the sharing of good practice and reduce duplication of NDCO work. 6.5 Progress Report Progress Reports may be required at the Department’s discretion. If requested, Providers will need to supply an update of their progress against the activities outlined in the approved Annual Business Plan. 6.6 Annual Report Providers must submit an Annual Report to the Department by 31 July each funding year. The Annual Report must consist of the following: National Disability Coordination Officer Program | Program Guidelines 2013 22 • a report against the activities outlined in the previous year’s approved Annual Business Plan, including a report on the progress towards achieving the Program objectives, outcomes and KPIs; • demonstration of the outcomes (impact of activities) through a range of quantitative and qualitative data; • information on the networks or partnerships the NDCO has established or contributed to; • evidence of the professional development undertaken by the NDCO; • comments on the environment in which the Provider is operating, including the barriers to successful transitions for people with disability between school, community, Higher Education and VET at a regional, state/ territory and national level; and • if desired, feedback about the Department’s management of the Program. Along with the submission of the Annual Report, Providers must supply the following to the Department: • two case studies demonstrating best practice examples that meet the objectives of the Program; • an audited Income and Expenditure Statement for the reporting period, using the template provided by the Department; and • a signed annual declaration form providing assurance that the Provider meets all insurance and Working with Children Check requirements. 6.7 Final Report Providers must submit a Final Report to the Department by 31 May 2016. The Department will provide a template for Providers to complete. The final report must include, but is not limited to, the following: • a report against activities outlined in the previous year’s approved Annual Business Plan, including a report on the progress made towards achieving the Program objectives, outcomes and achieving the KPIs; • demonstration of the outcomes (impact of activities) through a range of quantitative and qualitative data; • a summary report which highlights key achievements and reflects on progress made in achieving program outcomes since 1 July 2013; • comments on the environment in which the Provider has operated in since 1 July 2013, highlighting any program related barriers that have been overcome or minimised through NDCO effort; • case studies demonstrating best practice examples of NDCO activities that meet the objectives of the Program; • feedback on the operation of the Program, and the way in which the Program has been received by key stakeholders; • an audited Income and Expenditure Statement for the funding period; and National Disability Coordination Officer Program | Program Guidelines 2013 23 • an up-to-date list of key stakeholders in your region, including their contact details. 6.8 Provision of False or Misleading Information Note that, in the submission of any Annual Reports, Final Reports, acquittals or any other information to be provided to the Department pursuant to this Program, giving false or misleading information is a serious offence. 6.9 Provider Monitoring The Department will conduct annual provider monitoring to assist in measuring progress towards achieving the Program objectives and outcomes and in assessing compliance with the Funding Agreement and these Guidelines. Provider monitoring will be conducted in the second half of the year and may include officers from other relevant Australian Government programs. Provider monitoring is an opportunity to: • establish a cooperative working relationship and a common understanding between the Department and the Provider in relation to the Program expectations and contractual requirements; • discuss current Provider performance and appropriateness of the activities undertaken in the NDCO Region; • discuss local, regional and national issues that may have implications for the Provider; • provide feedback to the Department on the management of the Program; • review suitability of the premises for providing assistance under the Program including accessibility for people with disabilities; and • check compliance with record keeping requirements and record management arrangements. All Program records, accounts, documents and papers must be made available to departmental staff during provider monitoring and otherwise on request, including records held by banking or other institutions. Where the Department intends to undertake provider monitoring, the Provider will be advised in writing at least 10 working days prior to the proposed visit (note that this does not limit clause 18 of the Funding Agreement). Providers must ensure that appropriate personnel, including the NDCO and their direct manager, are present at provider monitoring visits. 6.10 Unsatisfactory Performance An underperforming Provider is one which is not achieving the Program objectives and outcomes outlined in the Funding Agreement. Typically, underperformance may be classified by the Department as: • persistent non-compliance with performance reporting obligations; National Disability Coordination Officer Program | Program Guidelines 2013 24 • failure to undertake required Program activities across the entire NDCO Region; • persistent and demonstrable unsatisfactory standard of Program delivery; • failure to establish or maintain effective working relationships with key stakeholders in the NDCO Region; or • demonstrated lack of understanding about the role of an NDCO. If the Department assesses performance to be unsatisfactory, the Provider will be contacted and advised in writing as to why the performance is deemed to be unsatisfactory. The Department may use the following strategies for dealing with underperformance: • increasing communication between the parties (e.g. by way of progress meetings and reviews); • setting more frequent milestones; • monitoring performance more closely; • enforcing the terms of the Funding Agreement; and • assessing whether a contract variation may be an appropriate solution and then negotiating the variation. The Department may suspend or terminate the Funding Agreement, as outlined in clauses 27 and 28 of the Funding Agreement. National Disability Coordination Officer Program | Program Guidelines 2013 25 ROLES AND RESPONSIBILITIES OF PROVIDERS - 7 PROGRAM ADMINISTRATION 7.1 Overview Providers are required to undertake and/or abide by the administrative requirements outlined below, with respect to: • arrangements for Program funding and payments; • records management; • marketing; • risk management; • conflict of interest; • consortia; and • NDCO Conferences. Providers must contact the Department for clarification of any issues as they arise and notify the Department immediately of any issues that may affect the management or administration of the Program. 7.2 Funding Agreements The Department will ask each Provider to enter into a standard Funding Agreement for the provision of required activities in a specified NDCO Region. The Funding Agreement will not be binding until executed by the Department, following signing by the Provider. 7.3 Funding Agreement Variations A variation is a change to the originally agreed terms and conditions of the Funding Agreement. Variations are required under the Funding Agreement to be in writing and signed by the Department and the Provider, and shall be binding on the parties only if implemented in accordance with the process stipulated in the Funding Agreement (refer to clause 22 of the Funding Agreement). If a Provider wishes to vary the Funding Agreement, the person authorised to sign the Funding Agreement on the Provider’s behalf must make the request in writing to the Department, detailing the reasons for the request. National Disability Coordination Officer Program | Program Guidelines 2013 26 The Department will consider, at its absolute discretion, whether or not it agrees to the proposed variation, and if it does so, the Funding Agreement will be varied in accordance with the terms and conditions of the Funding Agreement. If the Department requires a variation to the Funding Agreement, it will be detailed in writing and sent from the Program Delegate to the ‘Authorised Representative’. 7.4 Funding The Department will fund the Provider to deliver the Program for a period of up to three years, subject to satisfactory performance. Funding given to Providers under the Program must not be used to subsidise or replace costs for other services or support networks currently offered by the Provider. Note: administration costs must not exceed 20 per cent of the total expenditure for each reporting period. 7.5 Payments Payment amounts specified in the Funding Agreement are GST inclusive and are limited to the amount set out in the Funding Agreement. The details of the required activities and performance outcomes to be provided and the conditions for payment are specified in the Funding Agreement between the Department and the Provider. The first payment is made within 30 days of execution of the Funding Agreement and receipt by the Department of a correctly rendered tax invoice as per the Funding Agreement. All subsequent payments are subject to compliance by the Provider within the terms and conditions of the Funding Agreement and Guidelines. 7.6 Tax Invoices The tax invoice must contain information as required by Section 29-70 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and Regulation 29-70 of the A New Tax System (Goods and Services Tax) Regulations 1999. The tax invoice needs to be addressed to the Department, marked to the attention of the Program Delegate, NDCO Program, and must include: • Program title; • Provider’s name and ABN; • Provider’s address and contact details; • the words ‘Tax Invoice’ shown prominently; • invoice date; National Disability Coordination Officer Program | Program Guidelines 2013 27 • NDCO Region that the payment relates to; • payment description (including a description of the deliverable that the payment relates to); • payment amount, with the GST inclusive and GST amounts clearly identified; and • Provider’s bank account details and BSB for payment of the invoice by electronic funds transfer. The date for payment is within 30 days after delivery of a correctly rendered tax invoice to the Department and after satisfactorily meeting the deliverables to which the payment relates, as set out in the Funding Agreement. Where a Provider has more than one Funding Agreement with the Department for the Program, it must submit separate tax invoices for each Funding Agreement. 7.7 Audited Financial Acquittal Providers are required to provide an Audited Income and Expenditure Statement to the Department as at 30 June of each funding year in accordance with the timeframes specified in the Funding Agreement. Providers must use the income and expenditure template provided by the Department. The detailed, Audited Income and Expenditure Statement must solely reflect the Department funding in relation to the Funding Agreement and any interest accrued on that funding. Providers must provide a separate detailed Income and Expenditure Statement for each NDCO Region funded by the Department. The Provider must provide a letter from the Authorised Representative certifying that all funding received was expended for the Program and in accordance with the Funding Agreement. The Audit is to be carried out by a person who is not an officer or employee of the Provider, and is registered as a company auditor, or a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’ or a member of the Institute of Chartered Accountants who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the National Institute of Accountants in Australia who is entitled to use the letters ‘MNIA’, ‘FNIA’, ‘PNA’ or ‘FPNA’. 7.8 Un-acquitted and Unexpended Funds At the completion date of the Funding Agreement, or earlier termination of the Funding Agreement, all funding not spent in accordance with the Funding Agreement or not acquitted to the satisfaction of the Department shall be repaid to the Department within 20 business days of written notice from the Department. This excludes those funds approved by the Department as being required for expenses incurred during the currency of the Funding Agreement and which fall due for payment thereafter (accrued expenditure). National Disability Coordination Officer Program | Program Guidelines 2013 28 For this purpose, accrued expenditure shall include provision solely for liabilities in relation to audit and acquittal requirements. If the exact amounts are not known, Providers must estimate the amount of accrued expenditure as accurately as possible. The above requirements as to ‘accrued expenditure’ constitute a direction in writing by the Department for the purposes of clause 5.1 of the Funding Agreement. Where a Provider is funded for more than one NDCO Region, they must separately acquit the funding for each NDCO Region and any surplus funds cannot be transferred between the NDCO Regions at any time during the term of the Funding Agreement. Without limiting the Department’s rights under the Funding Agreement, including under clause 5.4 of the Funding Agreement, funds remaining un-acquitted for 12 months or more after the Completion Date will be reported to the Department Audit and Business Assurance Committee. 7.9 Surplus Funding and Deficits Surplus Funds Subject to approval, all surplus funds may be carried over into the subsequent period’s budget. If the balance of funds results in a surplus greater than 10 per cent of the regular allocated funding received for the specified period then the Provider will need to give a response in writing outlining strategies on how this surplus will be used in the delivery of NDCO activities within the following reporting period. Deficits Each NDCO Region will be able to carry over any deficit up to a maximum of 10 per cent of the regular allocated funding received for that period into the next reporting period, with the aim of clearing this deficit within the next period. Note: this does not apply for any deficits incurred in the final reporting period. Any deficit over and above the 10 per cent margin will need to be absorbed by the Provider. 7.10 Bank Accounts The Funding Agreement requires Providers to maintain a separate bank account for the funds at the NDCO Region level unless an exemption is granted in writing by the Department. 7.11 Assets An Asset is defined as being an item of tangible property with a value of over $5,000 inclusive of GST, not including Project Material. Providers must not use the funding to purchase or create any Asset without obtaining prior written approval from the Program Delegate. National Disability Coordination Officer Program | Program Guidelines 2013 29 Providers must obtain three written quotes and provide these to the Department when seeking approval to purchase an Asset. If approval is given for the Provider to purchase an Asset, then the three quotes and the department’s decisions must be kept on file. Purchases of tangible property less than $5,000 (including GST) should be itemised on the income and expenditure statement. 7.12 Assets Register Where a Provider has been given approval to purchase an Asset then a Register of Assets must be maintained. 7.13 Records Management Providers are required to maintain records of all activities undertaken as part of the Funding Agreement, including, but not limited to: • correspondence and contact with stakeholders; • marketing or promotional material; and • internal processes and procedures. All documentation and material developed must be held on files at the premises of the Provider, and it must be made available to the Department officers if requested. If monitoring reveals that the standard of record keeping is unsatisfactory to the Department, the Provider will be advised in writing. Unsatisfactory record keeping can include lack of documentation in relation to financial records and records not being kept in accordance with the Privacy Act 1988. The Department may defer payment under the Funding Agreement pending resolution of the reporting problems to the Department’s satisfaction. 7.14 Marketing Providers must ensure that all marketing material acknowledges the Australian Government funding provided, and seek prior approval via the Department branding team before using any marketing materials. In all publications, promotional materials and activities relating to the Program, the Provider shall acknowledge the financial and other support it has received from the Australian Government by using the Program logo which includes the tagline ‘An Australian Government Initiative’. In addition, where use of the logo is not possible or appropriate, Providers may use the full tagline, as follows: ‘Funded by the Australian Government Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, under the National Disability Coordination Officer Program.’ National Disability Coordination Officer Program | Program Guidelines 2013 30 Further information on the compliance requirements in the production of marketing material is contained in the NDCO Program Branding Guidelines. Providers must maintain a record of all approvals received from the Department. 7.15 Risk Management Each Provider must have a documented risk management process in place. A risk management process identifies key risks, outlines strategies for minimising those risks and provides a plan to address residual risks across the organisation. Each Provider must periodically review its risk management plan, the level of risk, and the day-to-day operational processes used to manage risks. Risk management plans must be made available to the Department on request. 7.16 Conflict of Interest As a recipient of Australian Government funds, Providers must perform their functions in a fair, non-biased, and apolitical manner and ensure that there is no actual or perceived conflict of interest in the decisions taken by the Provider. If an actual or potential conflict of interest arises, or is likely to arise, Providers must notify the Department in writing of the conflict, specifying how the actual or potential conflict of interest will be addressed and monitored to ensure that it does not adversely affect the outcomes desired under the Funding Agreement. The Provider must take steps to address the conflict. 7.17 Annual NDCO Conferences Providers must ensure that the NDCO attends annual NDCO conferences. These conferences will give the NDCO Network an opportunity to discuss strategic matters and best practice, and raise concerns or issues with the operation of the Program. Providers must ensure that the person they employ as an NDCO and their direct line manager attend an induction for the Program, to be managed and funded by the Department. National Disability Coordination Officer Program | Program Guidelines 2013 31 8 AUSTRALIAN GOVERNMENT RESPONSIBILITIES 8.1 Program Management Overview The Department is responsible for the overall management and administration of the Program on behalf of the Commonwealth. The Department seeks to establish effective relationships with Providers to support achievement of the desired outcomes of the Program. 8.2 Program Delegate The Program Delegate is defined in the Funding Agreement as the person who has responsibility for: • approving and signing of Funding Agreement documentation; • approving payments under the Program; • supervising performance; and • accepting and issuing any written notification under the Funding Agreement. The Program Delegate can assign responsibility for these functions to the Department officers and advise Providers accordingly. The Program Delegate is the General Manager of the Program. 8.3 Contract Management The Department is responsible for managing Funding Agreements with Providers that administer the Program, including building relationships with Providers and managing Provider compliance with the Funding Agreement. The terms of the Funding Agreement are binding. Under the Funding Agreement, parties can agree to vary the Agreement. 8.4 Management of NDCO Program Website The Department is responsible for initiating and overseeing the development and maintenance of a departmental National Disability Coordination Officer Program website. 8.5 Monitoring and Auditing The Department will closely monitor the administration and delivery of the Program, including: National Disability Coordination Officer Program | Program Guidelines 2013 32 • monitoring the performance of Providers and taking such action as the Department, in its absolute discretion, determines appropriate in the event of non-performance or under-performance; • conducting annual provider monitoring visits in the second half of each year to discuss performance, special projects and/or Program development; and/or • collecting, analysing and reporting information on the overall performance of Providers and the Program towards achieving the Program objectives, outcomes and KPIs. 8.6 Provision of High Level Advice and Dispute Resolution The Department will: • be responsible for ensuring consistency in the interpretation and application of policy by acting as a reference point, final arbiter, policy helpdesk and author of Program related documents; and • manage and resolve any complaints or other issues referred to the Department by Providers. The Department will do this in a timely manner. 8.7 General Program Management Other Department responsibilities include, but are not limited to: • providing national strategic direction, including through the identification of key priorities and opportunities, sharing of best practice and offering of support to Providers; • promoting the Program nationally, including developing and managing marketing and communications strategies; • updating these Program Guidelines and supporting documentation as required and effectively communicating these additions/changes to Providers; • developing and maintaining strong relationships with key stakeholders using both formal and informal communication channels; • developing risk management plans for the Program nationally (including fraud) and for reviewing this plan annually; • advising the Australian Government Minister for Tertiary Education, Skills, Science and Research on the Program and its administration; • providing advice about the Program to other Australian Government Departments; and • management of the Program evaluation process for the duration of the Funding Agreement. National Disability Coordination Officer Program | Program Guidelines 2013 33 8.8 Australian Government Material Ownership of all Australian Government Material, including Intellectual Property Rights in that Material remains vested at all times in the Commonwealth. The Department may grant Providers a licence to use, copy and reproduce that Material only for the purposes of this Program and in accordance with any conditions or restrictions specified in the Funding Agreement. 8.9 Complaints Handling Any person wishing to lodge a complaint or provide feedback directly to the Department in relation to the operations of a Provider may do so through the Program Hotline (133 873) or by emailing ndco@innovation.gov.au. The Department will aim to resolve a complaint within 30 days of its receipt. Where it is not possible to resolve a complaint within 30 days, concerned parties will be kept informed of progress. Providers must inform relevant parties of these complaint handling avenues. All complaints will be treated as confidential unless specified otherwise. Permission to investigate the matter will be sought from the complainant, in the work toward a resolution of the matter. Where a complaint involves an allegation of fraud, criminal activity or the misappropriation of Program funding, the matter must be reported to the Department’s Investigations Branch by the Program Delegate. The indicative 30 days complaint resolution time will not apply in such cases. 8.10 Strategic Project Funding Funding may be available throughout the funding period for Providers or other eligible organisations to undertake national strategic activities that support the development and operation of the Program. Where funding is made available to Providers, the Department will manage this through a separate application and assessment process, including developing separate guidelines for the purpose and use of this funding. The Department will advise Providers when applications for this Funding are open. National Disability Coordination Officer Program | Program Guidelines 2013 34 9 LEGISLATIVE REQUIREMENTS 9.1 Overview This section provides details on some legislative requirements applicable to the administration of the Program. Providers are responsible for obtaining their own legal advice on the legislative and other requirements impacting on their participation in the Program and should rely on the following information as a guide only. Providers must also be familiar with State or Territory legislation, some of which may impose obligations on them. In particular, Providers must adhere to any requirements for the protection and reporting of the maltreatment or sexual abuse of children under the relevant State or Territory legislation. 9.2 Discrimination Legislation Providers need to be aware of Acts which prohibit discriminatory practices, including, but not limited to the: Racial Discrimination Act 1975; Sex Discrimination Act 1984; Disability Discrimination Act 1992; and Australian Human Rights Commission Act 1986. 9.3 Participants’ Confidentiality Participants’ personal information is to be collected, stored, accessed, used and disclosed in accordance with the Privacy Act 1988. Note: The Crimes Act 1914 and The Criminal Code provide severe penalties for the unlawful disclosure of information. 9.4 Privacy Act The Department is bound, in administering the Program, by the provisions of the Privacy Act 1988 (the Privacy Act). Section 14 of the Privacy Act contains the Information Privacy Principles (IPPs) which prescribe the rules for handling personal information, including its collection, use and disclosure. Providers and the Department personnel involved in the Program must abide by the IPPs and the Privacy Act when handling personal information collected for the purposes of the Program. In brief, Providers and the Department must ensure that: • personal information is collected in accordance with IPPs 1-3; • suitable storage arrangements, including appropriate filing procedures are in place; National Disability Coordination Officer Program | Program Guidelines 2013 35 • suitable security arrangements exist for all records containing personal information; • access to a person’s own personal information held by the organisation is made available to the person at no charge; • records are accurate, up-to-date, complete and not misleading; • where a record is found to be inaccurate, the correction is made; • where a person requests that a record be amended because it is inaccurate but the record is found to be accurate, the details of the request for amendment are noted on the record; • the personal information is only to be used for the purposes for which it was collected, or for other purposes where expressly allowed by IPP 10; and • personal information is only disclosed in accordance with IPP 11. 9.5 Privacy Complaints Complaints by stakeholders about breaches of privacy should be directed to the relevant Provider in the first instance. Privacy complaints can be made directly to the Office of the Australian Information Commissioner (OAIC). However, the OAIC prefers that the agency or organisation that has potentially interfered with privacy be given an opportunity to deal with the complaint in the first instance. For information about the OAIC and privacy generally, please visit the website of the OAIC at www.privacy.gov.au. 9.6 Freedom of Information All documents created or held by the Department with regard to the Program are subject to the Freedom of Information Act 1982 (‘the FOI Act’). The FOI Act extends as far as possible the right of the Australian community to access information in the possession of Government Departments. Unless a document falls under an exemption provision, it will be made available to the general public if requested under the FOI Act. All FOI requests are to be referred to the FOI Section in the Legal Services Branch of the Department. Decisions regarding requests for access will be made by an authorised officer in accordance with the requirements of the FOI Act. 9.7 Working with Children Checks Overview The Australian Government is committed to protecting children from harm and promoting their well-being. The safety of not only young people eligible to participate in the activities under the Program delivered by the Provider, but that of parents, employers, coordinators, workplace supervisors and other parties involved in the implementation of the Program is paramount. Therefore, in developing these procedures, the Government has taken into account: National Disability Coordination Officer Program | Program Guidelines 2013 36 • the age of the young people potentially participating in the Program; • the nature of the assistance being provided; and • the diverse range of locations of the provision of the Program. All prospective NDCO personnel who come into contact with children under 18 years of age are required to undergo the following checks: • an Australian Federal Police (AFP) National Police Check that provides full disclosure of any charges or convictions before undertaking any Program activities; and • any State/Territory working with children checks required by any applicable State/Territory legislation. Note: The checks undertaken must be specifically in relation to working with children. For the purpose of these Program Guidelines, NDCO personnel are defined as: • employees of the organisation funded under the Program including any personnel employed under an approved sub-contracting arrangement; • volunteers who support the delivery of the Program; and • personnel within the organisation funded under the Program who may come into contact with young people participating in Program activities. AFP National Police Check State/Territory based working with children checks are more extensive and more targeted than AFP National Police checks, and include other sources of information in addition to the AFP National Police Check. However, the requirement for all NDCO personnel who come into contact with children under 18 years of age to undergo an AFP National Police Check is in addition to police checks undertaken in compliance with State/Territory working with children legislation. This is to ensure consistency across all states and territories. However, where: • the person has undergone an AFP National Police Check in compliance with a State or Territory law or employment conditions relating to screening of persons for working with children; • the person has retained the original of the AFP National Police Check or a State authority which holds the original is able to provide a certified true copy; or the person is able to provide evidence that the National Police Check was undertaken as part of the state based clearance; • the AFP National Police Check is less than one year old; and • the person consents to the results of the check being provided to the Department, then that AFP National Police Check may be relied upon for the purposes of the Department’s working with children clearance requirements. Where a prior AFP National Police Check has been obtained by an individual before being required to in accordance with these Guidelines, the previous AFP National Police Check may be used provided that: National Disability Coordination Officer Program | Program Guidelines 2013 37 • it is no more than 12 months old; and • the individual in question consents to the Provider disclosing to the Department the information contained in the AFP National Police Check. How to undertake an AFP National Police Check The AFP National Police Check must be renewed every two years from the date of the initial check as a minimum. Details on the application process and costs of obtaining a National Police Check through the Australian Federal Police are detailed on the AFP website. Where the AFP National Police Check reveals any convictions or pending charges the Provider must not, without written authorisation from the Department, engage that person NDCO personnel as defined above. Providers must maintain all records of the AFP National Police Checks and State/Territory working with children checks and all documentation must be made available and accessible for viewing by the Department’s staff upon request by the Department. Adverse findings on an AFP National Police Check The purpose of these procedures is to assist Providers and the Department in cases where the AFP National Police Check reveals an adverse result. An adverse result means any information included on the AFP National Police Check that indicates a person has a conviction or a pending criminal charge. In cases where an AFP National Police Check reveals an adverse result, it is the responsibility of the Provider to contact the applicant to verify his/her identity and to confirm that the information in the report is consistent with the applicant’s own understanding of their history. It is the responsibility of the Provider: • in cases where the applicant’s identity and criminal record is verified, to assess the application on the basis of the verified information and eligibility requirements detailed below, and advise the applicant of the outcome; • in cases where the applicant’s identity and criminal history is unable to be verified, advise the applicant that the matter will be referred to the Department for further consideration; and • to refer all cases as mentioned in a) and b) above to the Program Delegate for investigation. The Department reserves the right to direct the Provider not to employ applicants as NDCO personnel who have an adverse criminal history record. Offences which make a person ineligible An applicant will not be eligible to be employed as NDCO personnel (as defined earlier) if he/she is considered unsuitable by the Department or the person has been convicted of or has any pending charges in relation to the following: • all sexual offences; • all offences involving against another person; National Disability Coordination Officer Program | Program Guidelines 2013 38 • all offences involving child pornography; • all firearm or drug-related offences; and/or • all other offence for which the applicant is sentenced to imprisonment for 12 months or more; In addition, if an applicant has matters of this nature before the Court, these matters must be resolved and a judgement handed down before the applicant will be considered eligible to be employed as NDCO personnel. If the AFP National Police Check reveals any other offences or pending charges the Department may refuse to allow the person to participate in the Program. Working with Children – State/Territory Legislation There is no single framework setting out the requirements for obtaining working with children checks in States/Territories. Each jurisdiction has its own procedures and Providers are responsible for becoming familiar with this legislation and for ensuring that NDCO personnel satisfy these requirements. The Working with Children Check must be renewed as necessary to ensure that it does not expire. Interim Working with Children Check Declaration Providers may have potential NDCO personnel complete an Interim Working with Children Check Declaration provided: • the person has lodged an application for an AFP National Police Check; • the person understands that they may be contracted to deliver the Program on the condition that they fully satisfy the Department’s working with children check requirements including compliance with any applicable state-based working with children check requirements; • the person understands that a report of their AFP National Police Check must be supplied to the Provider within a three month period; and • they sign an Interim Working with Children Check Declaration declaring that they have no convictions or pending charges relating to: o violence against children o sexual offences o offences involving pornography, or o offences involving dealing or trafficking of illegal drugs. If after a period of three months from completing an Interim Working with Children Check Declaration, any personnel have not obtained an AFP National Police Check, those personnel must not get involved in any NDCO related activities that involve contact with children until an AFP National Police Check is obtained. Where the AFP National Police Check returns a finding of any charges or convictions, the procedures outlined under the section titled Adverse findings on an AFP National Police Check will apply and must be completed before that person can continue to deliver the Program in a manner that involves contact with children. Providers must keep on the person’s file, evidence that the AFP National Police Check has been lodged with the Australian Federal Police. National Disability Coordination Officer Program | Program Guidelines 2013 39 Note: the Interim Working with Children Check Declaration form is available at Attachment B and must be provided to the Department on the engagement of NDCO personnel. 9.8 Insurance and Indemnity Providers are required to indemnify the Australian Government as specified in clause 19 of the Funding Agreement. Providers are required to provide and maintain insurance coverage, including public liability, as specified in the Funding Agreement. National Disability Coordination Officer Program | Program Guidelines 2013 40 10 GLOSSARY Advisory Committee A committee established by the Provider which comprises of representatives from key stakeholders to provide strategic leadership, support and guidance to the NDCO. Australian Government Material Material provided by the Department for the purpose of administering and delivering this Program which is copied or derived from that Material, except for Project Material. Authorised Representative A person with the authority to represent and act on behalf of the organisation funded to deliver the Program. Commonwealth Commonwealth of Australia Department The Australian Government Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education. Funding Agreement National Disability Coordination Officer Program Funding Agreement between the Commonwealth and the Provider for delivery of the Program. Guidelines Refers to the National Disability Coordination Officer Program Guidelines. National Disability Coordination Officer A person employed by the Provider to undertake required activities as outlined in Section 5 of the Program Guidelines. People with disability For definition of “disability” in relation to people with disability, the Department suggests that Providers use sources such as the Disability Discrimination Act or the World Health Organisation. Program The National Disability Coordination Officer Program. Program Delegate The person holding the position of General Manager, National Disability Coordination Officer Program, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education. National Disability Coordination Officer Program | Program Guidelines 2013 41 Project Material All Material : a) brought into existence for the purpose of performing the Funding Agreement; b) incorporated in, supplied or required to be supplied along with the Material referred to in a); or c) copied or derived from Material referred to in a) or b). Provider An organisation which has been funded by the Department under the Program. Tertiary Education The Higher Education and Vocational Education and Training sectors. This covers institutions including, universities, Technical and Further Education (TAFE) institutes, community colleges, Registered Training Organisations (RTOs), Group Training Organisations (GTOs) and alternative education program providers. National Disability Coordination Officer Program | Program Guidelines 2013 42 11 ACRONYMS AFP Australian Federal Police ACPET Australian Council for Private Education and Training CALD Culturally and Linguistically Diverse DES Disability Employment Service FOI Freedom of Information GST Goods and Services Tax GTOs Group Training Organisations IPP Information Privacy Principle JSA Job Services Australia KPI Key Performance Indicators NDA National Disability Agreement, 2008 NDCO National Disability Coordination Officer NDIS National Disability Insurance Scheme NDRC National Disability Recruitment Coordinator NDS National Disability Strategy, 2011 OAIC Office of the Australian Information Commissioner TAFE Technical and Further Education RTOs Registered Training Organisations VET Vocational Education and Training National Disability Coordination Officer Program | Program Guidelines 2013 43 ATTACHMENT A Program Logic Model National Disability Coordination Officer Program | Program Guidelines 2013 44 Program Logic Model: National Disability Coordination Officer Program (continued) NDCO Activities Short-term Establish or participate in cross sectoral networks and similar forums Collaborate with local stakeholders to identify and address barriers to transitions and participation Mid-term Networks are established or existing networks supported to improve knowledge about other programs that can be utilised to help people with disability Networks are established or existing networks supported to improve knowledge about the intersections between other programs and institutions Barriers that prevent inclusion are identified Reporting of barriers facilitates identification of issues spread across state and national levels Barrier analysis informs planning for future activities and policy directions Collaborative approach facilitates improved knowledge about the intersections between other programs and institutions Improved knowledge about intersections identifies opportunities to work together Collaborative approach leads to increased willingness to work together for mutual benefit Stakeholders develop knowledge of options to support people with disability Improve knowledge and build capability of stakeholders and service providers Stakeholders develop knowledge of disability types and how to better support them Stakeholders develop knowledge of their responsibilities towards people with disability Stakeholders develop an awareness of success stories Inform people with disability and their families about provider obligations, individuals' rights, support services and options for post school pathways and increase aspirations Improved knowledge among stakeholders and service providers leads to better utilisation of supports and programs so that people with disability can better participate in education and employment Improved knowledge among stakeholders and service providers leads to better integration of sectors and programs to assist transitions between school to tertiary education to employment Improved knowledge leads to increased stakeholder capability to better service people with disabilities Improved knowledge leads to improved institutional policies and practices to better support students with disability Improved awareness leads to increased willingness to tailor educational and employment service provision practices People with disabilities and their families develop knowledge of provider obligations and individuals’ rights and post school options People with disabilities and their families develop knowledge of supports and services that assist them participate in education and training Improved knowledge leads to higher aspirations and expectations from people with disability and their families People with disabilities and their families develop an awareness of success stories National Disability Coordination Officer Program | Program Guidelines 2013 45 Long-term Services that facilitate transitions and participation are coordinated Local networks collaborate to identify and overcome barriers Stakeholders have the knowledge and capability to support transitions and participation for people with disability People with disability make decisions about their education and employment based on an improved knowledge of their rights and entitlements, supports available, educational options and pathways to employment ATTACHMENT B Interim Working with Children Check Declaration National Disability Coordination Officer Program | Program Guidelines 2013 46 National Disability Coordination Officer (NDCO) Program Interim Working with Children Declaration Form Name of Prospective NDCO Personnel: NDCO Provider Name: NDCO Region Number: The Australian Government is committed to protecting children from harm and promoting their well being. The safety of not only young people eligible to participate in the activities under the Program delivered by the Provider, but that of parents, employers, coordinators, workplace supervisors and other parties involved in the implementation of the Program is paramount. A person may be employed by an NDCO Provider to deliver the NDCO program in circumstances where they have applied for an Australian Federal Police (AFP) National Police Check; have commenced necessary steps to comply with any applicable state-based working with children check requirements; and declared that they have no convictions or pending charges relating to violence against children, sexual offences, offences involving pornography, or offences involving dealing, or trafficking of illegal drugs. All prospective NDCO personnel must complete this form before they can be employed to deliver the NDCO Program. The completed form must be returned to the department on the engagement of NDCO Personnel. Endorsement and declarations: I declare that: I have lodged an application for an AFP National Police Check for Working with Children; I have commenced the necessary steps to comply with any relevant State/Territory legislation requiring screening for persons who work with children (e.g. lodged an application with State/Territory bodies, where relevant); and I have no convictions or pending charges relating to: o violence against children; or o sexual offences; or o offences involving pornography; or o offences involving dealing or trafficking of illegal drugs. National Disability Coordination Officer Program | Program Guidelines 2013 47 I understand that I am required to provide my employer with an AFP National Police Check report within three months of my start date in the NDCO Program. If I have not provided the AFP National Police Check report within a period of three months, my employment under the NDCO Program may be terminated. In addition, I will not be permitted to be involved in any NDCO Program related activities that involve contact with children until an AFP National Police Check is obtained, that establishes that I have met the Department’s Working with Children requirements for this program. I also understand that should the AFP National Police Check return a finding of any charges or convictions, the section titled Adverse findings on an AFP National Police Check will apply and must be completed before I can continue to deliver the Program in a manner that involves contact with children. Initials …………………….. Date …………….................................. I acknowledge that I am aware that, under the Criminal Code, giving false or misleading information is a serious offence. SIGNED by me, Signature ……………………………………………………Date …………………………………........... Please print name:……………………………………………………………….............................. This form should also be completed if an NDCO personnel’s AFP National Police Check has expired at the end of two years from the original check. This is to cover the period until a new check has been received from the AFP. National Disability Coordination Officer Program | Program Guidelines 2013 48