Industry Skills Fund Youth Stream – Youth Employment Pathways Programme Guidelines Version 2 – September 2015 I, Senator the Hon Simon John Birmingham, Assistant Minister for Education and Training (‘the Assistant Minister’), issue the following Programme Guidelines to the Department of Education and Training (‘the Department’). Dated Assistant Minister for Education and Training YEP - Industry Skills Fund - Programme Guidelines Version 2 1 of 11 Purpose 1. The purpose of these Programme Guidelines is to provide a framework for the operation and administration of the Industry Skills Fund Youth Stream – Youth Employment Pathways pilot programme (the Programme). (a) These Programme Guidelines are not an exclusive statement of the Australian Government’s requirements for the Programme, and should be read in conjunction with the Customer Information Guide. (b) These Programme Guidelines do not create any legal, equitable or other relationship between the Commonwealth and an Applicant. (c) Definition of key terms used in these Programme Guidelines can be found at Appendix A. Commencement 2. These Programme Guidelines commenced on 1 September 2015 and will close on 30 June 2016 or when the appropriation is expended, whichever occurs first. Authority for Programme Guidelines 3. 4. These Programme Guidelines: (a) are made by the Assistant Minister (b) may be amended by the Assistant Minister from time to time. The Programme Guidelines should be read in conjunction with the relevant Customer Information Guide. Interpretation 5. The definitions outlined at Appendix A apply for the purpose of interpreting these Programme Guidelines. 6. In the event of any inconsistency between these Programme Guidelines and the Customer Information Guide, the Programme Guidelines prevail. YEP - Industry Skills Fund - Programme Guidelines Version 2 2 of 11 Youth Employment Pathways Part One: Overview Introduction 8. The Programme is within the youth stream of the Industry Skills Fund, assisting disengaged young people to make transitions to education, training or work. 9. Low levels of educational attainment and poor transitions to work carry costs for individuals, society and the economy. The Government recognises this and wants to ensure disengaged young people are provided with resources and support to make successful transitions. 10. The Programme will enable community service organisations to deliver support services to a person aged 15 to 18 years who has been disengaged from school for at least three months and is not participating in training or employment. 11. The Programme will provide $6.2 million to support up to 3 000 young people. 12. The Programme commenced on 1 March 2015 and will close for applications on 30 June 2016. 13. The Department is responsible for administering the Programme. 14. The Programme is a grant programme. Applications that satisfy eligibility criteria receive funding. Applications may be submitted at any time over the duration of the pilot, or until the appropriation is expended, whichever occurs first. 15. The Programme will engage community service organisations that provide support to young people. 16. The Programme will be evaluated to determine the appropriateness of larger scale implementation. Policy Objective 17. The objective of the Programme is to address youth disengagement issues by supporting young people to return to education, training or work. Programme Outcomes 18. 19. In meeting the policy objective, the Programme is expected to: (a) trial a new model of providing disengaged young people with support to make transitions into education, training or work; and (b) trial a new community service organisation-led model to reduce youth disengagement. The Industry Skills Fund Youth Stream comprises this Programme and the Training for Employment Scholarships pilot programme. Where practical, organisations are encouraged to align transitions from this Programme into the Training for Employment Scholarships pilot programme. YEP - Industry Skills Fund - Programme Guidelines Version 2 3 of 11 Part Two: Eligibility Eligible Applicants 20. 21. For an Applicant to be eligible, it must be a Community Service Organisation that: (a) is located in Australia; (b) has at least two years demonstrated experience working with at risk and/or disengaged young people; and (c) has proven linkages with schools, employers and other youth related services. Commonwealth, State and Local Government agencies (including government business enterprises) are ineligible to apply for funding under the Programme. Eligible Participants 22. To be eligible for support under the Programme, young people must: (a) be aged 15 to 18 years at the time of the application; and (b) have not attended school for a minimum period of three months; and (c) not be participating in training or employment; and (d) have non-vocational barriers to training or employment. Eligible Activities 23. Eligible Activities are services provided or purchased to help transition young people into education, training or work. They include: (a) Case Management; (b) support to address Non-Vocational Barriers; (c) support to link participants to school, training or employment; and/or (d) training that supports entry to the workforce. Eligible Expenditure 24. Only expenditure that has been incurred on activities that occur after an Applicant has been advised that their application has been approved can be deemed to be Eligible Expenditure. 25. Eligible Expenditure must be directly attributable to approved Eligible Activities. 26. Ineligible expenditure will be outlined in the Customer Information Guide. Part Three: Applications, Assessment and Approval of Applications Applications 27. Applications opened on 1 March 2015. 28. Applications must be submitted online unless prior written authorisation is given by the Programme Delegate, which will only be in the event of exceptional circumstances. YEP - Industry Skills Fund - Programme Guidelines Version 2 4 of 11 29. The application form, Customer Information Guide and other relevant documents will be available on business.gov.au/youth. 30. The Application must specify the Grant Amount the Applicant is seeking. 31. The Programme Manager can be contacted by telephone on 13 28 46 or via business.gov.au. Application Assessment 32. The Programme Delegate will determine whether an application is eligible based on Clauses 20 to 26 and the policy objective of this Programme. 33. Subject to available funding, the Programme Delegate will approve Eligible Applications. Application Approval 34. Applicants are advised of the outcome of their application in writing. Decision of the Programme Delegate 35. Subject to Clause 34, the Programme Delegate may approve an application. Once an application has been approved, a Funding Agreement will be provided to the successful Applicant for signing. 36. Decisions of the Programme Delegate are final with regard to: 37. (a) approving the eligibility of an application; (b) the amount of funding to be awarded; and (c) the terms and conditions for which funding is to be offered under the Programme. The Programme Delegate must not approve an application if he/she reasonably considers the application cannot be accommodated within the capped Programme Funding available for the remainder of the pilot, following an assessment of: (a) existing commitments of Programme Funds in the pilot; and (b) Programme Funds currently available. Part Four: Funding Agreement Funding Agreement 38. The Programme Delegate, on behalf of the Commonwealth, and the successful Eligible Applicant must enter into a Funding Agreement before Grant Funds are provided to the Recipient. 39. Payment of the Grant Amount will be made on execution of the Funding Agreement following approval of an Eligible Application. 40. Among other things, a Funding Agreement will: (a) ensure the Programme Delegate is empowered to recover Grant Funds in circumstances where the Recipient has not complied with the terms and conditions set out in the Funding Agreement; (b) be consistent with the laws and policies of the Commonwealth, a State or Territory or these Programme Guidelines; YEP - Industry Skills Fund - Programme Guidelines Version 2 5 of 11 (c) specify the maximum amount of Grant Amount to be awarded and the timing, method and conditions of delivery of the Grant Funds; (d) require the Recipient to provide the service to which the application relates, including evidence of expenditure of Grant Funds; (e) require the Recipient to keep records relating to the conduct and management of the support to Eligible Participants; (f) provide for inspection by the Programme Delegate of the premises where the support is undertaken, including the viewing of records relating to the conduct and management of the support; (g) require the Recipient to meet agreed performance milestones; and (h) provide for variation and termination of the Funding Agreement and set out dispute and resolution procedures. 41. A Funding Agreement may include any other terms the Programme Delegate considers necessary to protect the Commonwealth’s interests, relevant Commonwealth policies, the programme policy objectives set out in these Guidelines and making appropriate use of public monies. 42. All Recipients are required to provide reports to the Department at specified instances. The Customer Information Guide outlines the reporting obligations of Recipients. 43. The Programme Delegate may set a time period during which a Funding Agreement must be executed and may, at his/her discretion, extend the prescribed period one or more times, or withdraw the offer of support and funding if the Funding Agreement is not executed within the prescribed period. 44. Grant Funds must be claimed within 30 days of the milestone dates specified in the Funding Agreement. All unclaimed Grant Funds will be returned to the Programme. Variations 45. The Programme Delegate may, at his/her discretion, agree with a Recipient to vary the Funding Agreement from time to time. 46. A variation to a Funding Agreement will only be considered by the Programme Delegate if it: 47. (a) significantly improves the outcomes; (b) is consistent with the Programme’s objectives; and (c) is appropriate in all circumstances. Approved variations to the Funding Agreement must be made in writing prior to the Funding Agreement end date. Part Five: Programme Governance Roles and Responsibilities Assistant Minister 48. The Assistant Minister will appoint a Programme Delegate for the Programme. YEP - Industry Skills Fund - Programme Guidelines Version 2 6 of 11 Programme Delegate 49. The Programme Delegate is authorised to make decisions in relation to the administration of the Programme and to give directions to the Department as to the interpretation of these Programme Guidelines and other documents used in, or in relation to, the Programme. 50. The Programme Delegate must have regard to the policy objectives of the Programme when performing any function or making any decision in relation to the Programme. 51. The Programme Delegate may make policies, authorisations and delegations, consider exceptions, and issue guidance documents for the administration of the Programme, but the policies and documents must not be inconsistent with these Programme Guidelines. 52. The Programme Delegate is responsible for: 53. (a) ensuring overall efficient and effective administration of the Programme; (b) determining the eligibility of applications for Programme support and funding; (c) approving variations to the Funding Agreement in accordance with Clauses 45 to 47; and (d) authorising payments of the Grant Amount by the Commonwealth to Recipients. The Programme Delegate will carry out other functions as authorised by the Assistant Minister. Announcements 54. The Assistant Minister or the Department may publicly announce successful applications, including details of successful Recipients and the quantum of Grant Funds. 55. Such public announcements may also include information provided by successful Applicants or compiled or obtained during the assessment of applications that the Commonwealth determines is not confidential, following consultation with Applicants as required. 56. The Department will report grants on its website, as required under Finance Circular 2013/02 - Australian Government Grants: Briefing and Reporting. Disclosure of Interest 57. The Department has procedures for managing disclosure of interest by Departmental staff involved in assessment of applications. Conflicts of interest will be managed in accordance with these procedures. 58. The Department’s procedures for managing disclosure of interest are in accordance with the requirements of the APS Code of Conduct, Section 13 (7) of the Public Service Act 1999, and are published on the Departmental website. Complaint Handling Mechanism 59. Information about feedback and complaints handling concerning the Programme is included in the Customer Information Guide and published on business.gov.au. Complaints concerning decisions will be directed to the Programme Delegate. 60. The Applicant is also entitled to lodge a complaint with the Commonwealth Ombudsman. YEP - Industry Skills Fund - Programme Guidelines Version 2 7 of 11 Programme Contact Details 61. Any queries regarding these Programme Guidelines should be directed to business.gov.au/youth or the Contact Centre on 13 28 46. Confidentiality and Protection of Information 62. The use and disclosure of information provided to the Department, and the Programme Delegate (relevant parties) by Applicants (including information provided as part of any application) is regulated by the relevant provisions and penalties of the Public Service Act 1999 (Cth), the Public Service Regulations, the Privacy Act 1988 (Cth), the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth) and general law. 63. The relevant parties will use and disclose the information provided by Applicants for the purposes of discharging their respective functions under these Programme Guidelines and otherwise for the purposes of the Programme and related uses. The Department may also: (a) use information received in applications in any other Departmental business; (b) use information received in applications and during the performance of the Programme for reporting and consultation with other Commonwealth, State or Territory government agencies; and (c) during the assessment of applications, and in the course of administering the Programmes, consult with other Commonwealth, State and Territory governments and agencies about an Applicant's claims and disclose information about Applicants as needed. The Department may also engage third parties (including auditors) to review applications to provide technical or financial advice on a contract basis. 64. The Assistant Minister and/or the Department may also publicly announce information as outlined in Clauses 54 to 56. 65. Information provided to the Department and the Programme Delegate may be disclosed as required or authorised by the law, and may be disclosed to: (a) a court of law; (b) the Parliament, its ministers and related committees; or (c) any statutory office holder’s, tribunals or commissions, including, but not limited to the Auditor-General, Information Commissioner or Privacy Commissioner. Freedom of Information 66. All documents created or held by the Department with regard to the Programme are subject to the Freedom of Information Act 1982. Unless a document falls under an exemption provision, it will be made available to the general public if requested under the Freedom of Information Act 1982. 67. All Freedom of Information (FOI) requests are to be referred to the FOI Coordinator in the Department. Decisions regarding requests for access will be made by an authorised officer in accordance with the requirements of the Freedom of Information Act 1982. Programme Performance and Evaluation 68. The Department will monitor and evaluate the performance of the Programme. Successful Applicants will be asked to provide data to the Department for the purposes of supporting robust programme evaluation. YEP - Industry Skills Fund - Programme Guidelines Version 2 8 of 11 69. The Programme Delegate must: (a) ensure that data from applications and Programme reporting is maintained in a form that is available for Programme monitoring and evaluation; and (b) in collaboration with relevant policy partners, facilitate and cooperate with an evaluation of the Programme. 70. Recipients must, at their own cost, cooperate with any evaluation of the Programme undertaken by the Commonwealth or independent third parties, including by providing information requested by the Commonwealth or a relevant third party for the purposes of the evaluation. 71. Where appropriate, under the direction of the Programme Delegate, the Department may consider innovative proposals for delivery that comply with Clauses 17, 18 and 19. Tax Obligations 72. Applicants are expected to seek out independent expert advice as to whether an activity funded through a grant under the Programme will attract the Goods and Services Tax (GST). However, the amount paid as a grant is expected to assist an Applicant to meet any GST liability, should one exist. 73. Grants under the Programme are typically treated as assessable income for taxation purposes, unless specifically exempted. On this basis, Applicants are recommended to seek their own independent professional advice on their taxation obligations. YEP - Industry Skills Fund - Programme Guidelines Version 2 9 of 11 Appendix A Definitions of Key Terms In these guidelines: 'may' is permissive and not mandatory a reference to the singular includes the plural and vice versa if a word or phrase is defined its other grammatical forms have corresponding meanings. The following definitions apply for the purpose of interpreting these Programme Guidelines. It is not intended to be a substitution for the defined terms in any Funding Agreement. Term Definition Applicant An entity that makes an application for funding under the Programme. Assistant Minister The Assistant Minister responsible for the Education and Training portfolio. Case Management Higher level support provided to the young person to address their barriers to education, training and/or work. Community Service Organisation The main purpose of the organisation must be community service purposes that are altruistic - that is, community service organisations are established and operated with regard to the wellbeing and benefit of others. Community Service Organisations promote, provide or carry out activities, facilities or projects for the benefit or welfare of the community or any members who have a particular need by reason of youth, age, infirmity or disablement, poverty or social or economic circumstances. Customer Information Guide Customer Information Guide means the Guide formulated by the Programme Delegate under the relevant clauses of these Programme Guidelines, and in accordance with the Commonwealth Grant and Rules Guidelines issued by the Minister for Finance under section 105C of the Public Governance, Performance and Accountability Act 2013 (Cth). Department The Department of Education and Training administered by the Assistant Minister. Disengaged At least three months non-attendance at school and not participating in training or employment. Eligible Activities An activity that satisfies the requirements of Clauses 23. Eligible Applicant An Applicant that satisfies the requirements of Clauses 20 and 21. Eligible Expenditure The expenditure incurred by an Applicant in relation to support provided to Eligible Participants and deemed eligible for funding support by the Programme Delegate, in accordance with the Customer Information Guide and the Funding Agreement. Eligible Participants Disengaged young people that satisfy the requirements of Clause 22. YEP - Industry Skills Fund - Programme Guidelines Version 2 10 of 11 Term Definition Funding Agreement An agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds. Goods and Services Tax (GST) Has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Grant Amount / Grant Funds The funding made available by the Commonwealth to successful Applicants under the Youth Employment Pathways pilot programme. Non Tax-Exempt Not exempt from income tax under Division 50 of the Income Tax Assessment Act 1997 (Cth) or under Division 1AB of Part III of the Income Tax Assessment Act 1936 (Cth). Non-Vocational Barriers These barriers may include but are not limited to: mental illness; social problems including domestic violence; financial management difficulties; social isolation and poor communication skills; addictions including drug, alcohol and gambling; and homelessness or unstable accommodation. They do not include barriers specific to the needs of a particular job such as lack of technical skills, suitable work experience or formal vocational qualifications. Programme The Youth Employment Pathways pilot programme. Programme Delegate An employee of the Department who has been empowered by the Assistant Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Youth Employment Pathways pilot programme. Programme Funding / Programme Funds The funding made available by the Commonwealth for the Programme in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Assistant Minister) for that year. Programme Guidelines These guidelines that are given by the Assistant Minister to the Department to provide a framework for the operation and administration of the Youth Employment Pathways pilot programme. Recipient An entity that is awarded funding under the Youth Employment Pathways pilot programme. YEP - Industry Skills Fund - Programme Guidelines Version 2 11 of 11