YEP - Industry Skills Fund - Programme Guidelines

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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
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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.
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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.
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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.
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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;
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(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.
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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.
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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.
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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.
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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.
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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.
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