INDEPENDENT ASSESSOR HANDBOOK NATIONAL PROGRAM FOR EXCELLENCE IN THE ARTS CONTENTS INTRODUCTION.................................................................................................................2 Ministry for the Arts ..........................................................................................................2 The National Program for Excellence in the Arts .............................................................2 Register of Independent Assessors .................................................................................3 Publishing of names ........................................................................................................4 Contacts ..........................................................................................................................4 Amendment .....................................................................................................................4 CODE OF CONDUCT .........................................................................................................5 TERMS OF REFERENCE...................................................................................................7 Background .....................................................................................................................7 Objective ..........................................................................................................................7 Scope and limitations .......................................................................................................7 Registration .....................................................................................................................8 Support ............................................................................................................................8 REMUNERATION & ENTITLEMENTS................................................................................9 Rates ...............................................................................................................................9 Payment ..........................................................................................................................9 ATTACHMENT A ..............................................................................................................10 Letter of Agreement .......................................................................................................10 1 INTRODUCTION Thank you for expressing an interest to be included on the Register of Independent Assessors to assess applications for funding under the National Program for Excellence in the Arts (the Program). Independent Assessors play an important role in ensuring that applications for funding through the Ministry for the Arts – Attorney-General’s Department are assessed equitably and accountably. This handbook outlines your role, responsibilities and the obligations you will be required to undertake if you are invited to participate in a funding round. It is important that you understand your responsibilities, particularly with respect to conflict of interest and confidentiality. As part of your expression of interest (EOI) to be an Independent Assessor, you will be required to certify that you have read and understand your responsibilities as an Independent Assessor, including those contained in this Handbook. You will also be required to sign and return to us the Letter of Agreement (Attachment A) and sign a Conflict of Interest Declaration. MINISTRY FOR THE ARTS The Ministry for the Arts is responsible for programs and policies that ensure the sustainability of Australia’s arts and culture sector by supporting artistic production, protecting and strengthening cultural heritage and expression, and encouraging opportunities for public engagement with arts and culture. For more about the Ministry see www.arts.gov.au THE NATIONAL PROGRAM FOR EXCELLENCE IN THE ARTS The Program is administered by the Ministry for the Arts and will provide a responsive, national approach to supporting participation in and access to Australia’s high quality, diverse and vital arts and cultural sector. The Program meets the strategic priorities of supporting participation in, and access to, the arts and encouraging greater private sector support for the arts and culture. While valuing the many secondary benefits which flow from arts activities, the Program seeks to celebrate the intrinsic capacity of the arts to engage, inspire and make meaning for all Australians, and welcomes innovation and experimentation. 2 OBJECTIVES The Program will: • deliver a wide range of quality arts and cultural experiences that grow arts audiences, visitations and attendances throughout Australia and internationally • strengthen Australia’s reputation as a sophisticated and artistic nation with a confident, outward-focused arts sector • encourage greater private sector support and partnership funding for the arts support collaborations to develop arts and culture initiatives including in specific regions or priority areas. REGISTER OF INDEPENDENT ASSESSORS Independent Assessors are selected by the Ministry for the Arts to the Register following an open EOI process. Independent Assessors reflect a balance of arts and culture professionals and other relevant areas to reflect the Australian community. This may include artists, curators, philanthropists, and producers. We are also interested in individuals who may not be involved professionally in the sector, but who attend, visit and participate in the arts and culture. Consideration will be given to the balance of different artform expertise, gender, cultural backgrounds, ages and an understanding of regional, urban or international contexts, to add depth and value to the quality of advice presented to the Minister. By maintaining a broad Register of Independent Assessors, the Ministry for the Arts aims to ensure input is provided by individuals who have specialist knowledge relevant to specific applications. Independent Assessors are valued for their independence, veracity and rigour. As an Independent Assessor you may be called on to assess applications from time to time based on the area that you express interest and willingness to assess in your EOI. You may also be called upon to assess applications from other Ministry for the Arts programs if you indicate your willingness to do this in your EOI. Assessments of applications will be carried out online through SmartyGrants so you will require access to the internet. For more detailed information on the technical requirements visit the SmartyGrants Guide for Assessors Applications will be assessed against the published assessment criteria. You will be provided with a guide to assessing applications relevant to the program that the application is for. These assessments are used to assist the Ministry for the Arts in formulating funding recommendations in the context of Australian Government priorities and existing resources. Independent Assessors are selected on the basis of their individual expertise and experience, rather than as a representative of a particular organisation or artform. They should be, and appear to be, free of any interest that might be regarded as compromising their integrity and objectivity. It is important that you maintain an impartial position rather than presenting the viewpoint, or protecting the interests of the organisation or artform with which you may be associated. You should behave, make decisions and provide advice impartially, in a manner free of favouritism, self-interest and preference; and objectively, taking into consideration all relevant facts. 3 The consideration of funding applications is a confidential process guided by the Code of Conduct. However, you must be aware that the applicants and others may have legal rights to access your documents and comments. As an acknowledgement of the importance of your role as an Independent Assessor, you will receive a payment for each assessment as detailed in the Remuneration and Entitlements section. PUBLISHING OF NAMES Independent Assessors’ private contact details are kept confidential and held securely by the Ministry for the Arts. The Ministry for the Arts does not publish the names of individual Independent Assessors selected for particular assessments; however, a complete list of Registered Independent Assessors will be available on the website. If you are approached by applicants requesting information about their application, the funding round, or any other aspect of the funding process, please refer them to the Ministry for the Arts. Where applicants wish to invite Independent Assessors to view openings, performances or events, they must send their invitations to the Ministry for the Arts to pass on to Independent Assessors. CONTACTS If you have any questions, please contact the Ministry on: 1800 590 577 Assessors.Register@arts.gov.au AMENDMENT This Handbook may be amended from time to time by the Ministry for the Arts. 4 CODE OF CONDUCT In order to maintain the integrity of the assessment process, and to safeguard your status as an Independent Assessor, you are required to comply with this Code of Conduct which embodies principles which you must observe: 1. An Independent Assessor should perform the duties of their office impartially and fairly, uninfluenced by fear or favour. 2. An Independent Assessor should be frank and honest in official dealings with Ministry for the Arts staff. 3. An Independent Assessor should avoid situations in which their private interest, whether pecuniary or otherwise, conflicts or might reasonably be thought to conflict with their public duty. 4. Independent Assessors cannot take part in an assessment round if they are an applicant or a beneficiary of an application. 5. When an Independent Assessor possesses, directly or indirectly, an interest which conflicts or might reasonably be thought to conflict, in a matter being considered or about to be considered, the Independent Assessor must, as soon as the relevant facts have come to their knowledge, disclose verbally and in writing the nature of the interest to the relevant Ministry for the Arts. Should circumstances change after an initial disclosure has been made, so that new or additional facts become material, the Independent Assessor shall disclose the further information. 6. An Independent Assessor must immediately withdraw from providing advice on any application in the round if they have an actual conflict of interest. 7. In instances where there is a perceived or potential conflict of interest, or the conflict is deemed minor, the relevant Director will determine on a case-by-case basis if the Independent Assessor concerned should withdraw from discussion and decision-making in relation to the round. 8. When the interests of members of their immediate family are involved, the Independent Assessor should disclose those interests to the extent that they are known to them. Members of the immediate family will ordinarily comprise only the Independent Assessor’s spouse and dependant children, but may include other members of their household or family when their interests are closely connected with them. 9. An Independent Assessor must treat all materials associated with applications with the utmost care and confidentiality. A funding application is deemed to be a confidential document, as it: a) contains information about the applicant personal affairs or an organisation’s business; b) may contain confidential references; and c) contains project ideas that are the intellectual property of the applicant. 10. 5 An Independent Assessor must take all reasonable measures to ensure that the materials provided in relation to applications are protected against loss, unauthorised access, modification, disclosure, copying, distribution, or other misuse. Failure to comply with this requirement constitutes a breach of this Code of Conduct. 11. An Independent Assessor must not use information obtained in the course of official duties to gain directly or indirectly a pecuniary advantage for themselves or for any other person. In particular an Independent Assessor should scrupulously avoid investments or other transactions about which he/she has, or might reasonably be thought to have, early or confidential information which might confer on them an unfair or improper advantage over other persons. 12. An Independent Assessor must not: a) solicit or accept from any person any remuneration or benefit for the discharge of the duties or their office over and above the official remuneration: b) solicit or accept any benefit, advantage or promise of future advantage whether for themselves or their immediate family or any business concern or trust with which he/she is associated from persons who are in, or seek to be in, any contractual or special relationship with government; c) except as may be permitted under the rules applicable to his/her office, accept any gift, hospitality or concessional travel offered in connection with the discharge of the duties of their office. The impression should be avoided that any person can improperly influence the Independent Assessor or unduly enjoy their favour. 13. An Independent Assessor must be scrupulous in their use of public property and services, and should not permit their misuse by other persons. 14. An Independent Assessor must not allow the pursuit of their private interest to interfere with the proper discharge of their duties. 15. An Independent Assessor must not enter into any communication with an applicant regarding their application. If approached by an applicant, an Independent Assessor should state they are unable to discuss the application, refer the applicant to Ministry for the Arts, and advise the Ministry for the Arts of the approach by the applicant. 16. An Independent Assessor is not a representative of the Ministry for the Arts, Attorney-General’s Department or the Australian Government and is not authorised to speak on behalf of same. An Independent Assessor must not make any public comment concerning their duties and must direct all enquiries for information regarding the Ministry for the Arts policies, programs or procedures to the Ministry. 6 TERMS OF REFERENCE BACKGROUND The Program is an Australian Government program which provides funding grants to support participation in, and access to, the arts and encourage greater private sector support for the arts. The key objective of the program is to provide a responsive, national approach to supporting participation in and access to Australia’s high quality, diverse and vital arts and cultural sector. The Program is administered by the Ministry for the Arts – Attorney-General’s Department. OBJECTIVE The Independent Assessor’s objective is to recommend activities for funding under the Program that: • • align with the Australian Government’s commitment support participation in, and access to, the arts and encourage greater private sector support for the arts; and meet the requirements of the Program. SCOPE AND LIMITATIONS The Register of Independent Assessors is not a legal entity in its own right. Independent Assessors do not have any Commonwealth financial, procurement, contracting or human resource delegations and cannot make any commitments in these areas. The scope of the Independent Assessors will be limited to the assessment and recommendation of proposed projects for funding under the Program, unless assessors expressed their willingness to undertake assessments for other Ministry for the Arts programs in their EOI. Independent Assessors will: • be allocated by the Ministry for the Arts to assess applications received under the programs from time to time, depending on availability of the assessor and the nature of the applications received; • assess applications for funding in accordance with the program guidelines against the selection criteria; and • operate in accordance with the Commonwealth Grant Rules and Guidelines. The Minister and the Ministry for the Arts are responsible for the strategic direction of the programs. 7 REGISTRATION Independent Assessors are selected for registration by the Ministry for the Arts. Each Independent Assessor will serve at the discretion of the Ministry. Registration is attached to the individual. The Register will include a range of skills across the arts sector including individual members with knowledge and experience of the arts in Australia, arts professionals, as well as community and audience members. Registration will take into account the geographic spread of representation across states and territories, and a balance of regional, remote and metropolitan representation. Independent Assessors are registered for a specified term of two years, at which point their registration lapses. Individuals may reapply for registration. SUPPORT The Ministry for the Arts will provide support to the Independent Assessors, including orientation as required, the relevant program guidelines and a user login to the Smartygrants website where applications will be assessed. If you require further information about the funding programs or your assessment of an application, please contact the Ministry for the Arts. If you require technical assistance regarding your use of the Smartygrants website, please contact: http://help.smartygrants.com.au/display/help/Help+Guide+for+Applicants service@smartygrants.com.au Phone: Australia +61 3 9320 6888 The Smartygrants support desk operates 9:00am - 5:00pm AEST, Mon - Fri. 8 REMUNERATION & ENTITLEMENTS RATES For the purposes of remuneration, Independent Assessors are deemed to be Holders of Part-Time Public Office. Independent Assessors will be entitled to fees and allowances at the Member rate under Clause 8 of Remuneration Tribunal Determination 2015/08 Remuneration and Allowances for Holders of Part-Time Public Office - currently $384 per day. Part days will be paid at the rate of 20% of the daily fee per hour up to a maximum of five hours per day (i.e. the maximum daily fee). This fee encompasses payment for work performed incidentally to assessment (e.g. reading of applications / research) with no additional fee payable. The rate has been determined based on the nature of the Independent Assessor’s role and specific designated tasks to be undertaken including reading and ranking applications online via Smartygrants. Independent Assessors are not required as part of their duties to travel or meet with each other to discuss assessments. As such, there is no travel allowance payable. No other reimbursement for incidental expenses involved in assessment (e.g. electricity / internet connection / childcare costs) is payable. PAYMENT Unless the Ministry determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee. As part of the online EOI process, Independent Assessors are required to provide bank details for Electronic Funds Transfer (EFT) payment. Claims for payment can be made through Smartygrants. Independent Assessors will be required to certify their claim is correct when making a claim. The Ministry for the Arts does not provide advice on taxation issues. If required, please seek advice from a qualified professional or the Australian Taxation Office www.ato.gov.au. 9 ATTACHMENT A LETTER OF AGREEMENT I ............................................................................................ acknowledge that the terms of my engagement as an Independent Assessor for the Ministry for the Arts require adherence to the Code of Conduct for Independent Assessors, the Terms of Reference and all other information contained in the Independent Assessor Handbook, which I have read and understood. I consent to publication of my name as part of the Register of Independent Assessors published on the Ministry for the Arts website and disclosure of my personal information within the Ministry for the Arts for administrative purposes. I agree to abide by the Code of Conduct for Independent Assessors, the Terms of Reference and the Independent Assessor Handbook at all times in the performance of the tasks associated with my role as an Independent Assessor. I understand that breach of any of these will, in the first instance, result in my immediate expulsion from the Register of Independent Assessors. I agree to declare any actual, potential or perceived conflicts of interest in accordance with the Independent Assessor Handbook and the Conflict of Interest Declaration. I agree to complete assessment of applications in Smartygrants by the due dates advised to me by the Ministry for the Arts. Name: …………………………………………………………………………………………………… (Please print) Signed: …………………………………………………………………………………………………… (Signature) In the presence of: …………………………………………………………………………………………………… (Witness) Date: ……………………………………………………………………………………………………… 10