Disability Services Commission
Service Contracting and Development
Changing Service Providers (Portability) Guidelines
1. Keywords
Individual Funding
Disability Professional Service
Portability
Transfer
2. Purpose
The following guidelines will provide a guide to service providers and
Commission Service Contracting and Development staff in managing the
arrangements for individuals wishing to transfer service provider and exercise
portability of their funding.
3. Definition
Portability of funding enables an individual who has been allocated an individual
package of funding to change service providers if they choose to do so.
4. Principles
In accordance with Disability Service Standard 2 ‘Individual Needs’, and
Standard 3 ‘Decision Making and Choice’, these guidelines are based on the
strong foundation that individuals shall have the opportunity to make choices
about their services and the Commission will make every effort to promptly
accommodate them.
Individuals in receipt of individual funding can choose their service provider and
move between service providers giving consideration to the following
conditions:
3.1. Having had a reasonable time1 in an option to enable it to be
established, developed and implemented effectively. The timeframe is
negotiable based on the circumstances surrounding the request.
3.2. Notice being given before making a transfer. The timeframe should be
agreed by all parties to enable a smooth transition with as little
disruption as possible for all parties.
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In most cases, a reasonable time is considered to be six months; however
each case should be negotiated with the relevant Area Manager.
Disability Services Commission
Service Contracting and Development Directorate
Changing Service Providers (Portability) Guidelines
3.3. Services transferred during the course of a year will involve a pro-rata
transfer of the allocated funding for that year and the full allocation
thereafter, unless otherwise negotiated between the Commission and
the service provider.
3.4. The amount of funding that is transferred is the individual’s allocated
funding, plus indexation and any other recurrent funding related to their
services.
3.5. While respecting the primacy of individual choice and control, the rights
of others in a shared arrangement and the ongoing sustainability of the
service that the individual is transferring from must be balanced with the
portability request. Consideration should include:
a) the individual’s choice and the impact on the continuity of appropriate
services to other individuals within any shared living arrangement;
b) the financial impact of the transfer on the provider’s ongoing
sustainability, based on an assessment of the proportion of
Commission provided funds the portability request entails against the
service provider’s overall cashflow; and
c) impacts such as the sustainability of the service provider to provide
quality services and sustain the shared service option.
3.6. While respecting the primacy of individual choice and control, in the
event that a transfer may be delayed every effort will be made to
accommodate an individual’s choice and quickly resolve any issues.
3.7. If conflicts arise that cannot be resolved, the Service provider’s standard
grievance and conflict resolution processes will be engaged.
3.8. The Commission will not absorb or support additional recurrent costs as
a result of adherence to these guidelines.
3.9. Where there are exceptional circumstances, the waiver of these
guidelines must be approved by the Executive Director Service
Contracting Development and/or the Director General of the
Commission.
5. Background
The Disability Services Act 1993 incorporates the principle of choice for
individuals with a disability.
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Disability Services Commission
Service Contracting and Development Directorate
Changing Service Providers (Portability) Guidelines
Principles 5 and 8 of Schedule 1 of the Disability Services Act 1993 provides for
the following:

individuals with disabilities have the same rights as other members of
society to participate in, direct and implement the decisions which affect
their lives; and

individuals with disabilities have the right to access the type of
accommodation and employment that they believe is most appropriate.
The Commission recognises that disability is not a static condition and respects
that an individual’s circumstances and preferences change, with the result that
they seek to change service provider and services to suit these changes. The
Commission also recognises that there are circumstances that necessitate an
individual to quickly seek a change in service provider.
Interstate transfers are not considered in these guidelines but are guided by the
policy ‘Moving Interstate: Assistance to individuals with disabilities and their
carers’.
6. Consultation Process
The review of these guidelines has been undertaken by Service Contracting
and Development to comply with the implementation of the Delivering
Community Services in Partnership Policy, changes to terminology and the
Commission’s move to a holistic approach to individual funding without program
structures and parameters.
7. Implementation
Portability of funding requests can occur for a number of reasons, including:
 an individual wants to change their service provider
 a service provider terminates an option
 an individual moves within service outlets managed by the same service
provider, and/or
 an individual chooses to move to or from self-management.
7.1 Where an individual is not in a shared option
a)
Individuals wishing to transfer service providers should discuss their
request with their current service provider and ideally provide
sufficient notice to enable planning and a smooth transition.
b)
The service provider will notify the relevant Commission Service
Contracting and Development Officer to discuss the requested
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Disability Services Commission
Service Contracting and Development Directorate
Changing Service Providers (Portability) Guidelines
transfer to facilitate a smooth transition and completion of the
relevant administrative functions.
c)
Where an individual is transferring to a new service provider, the
Service Contracting and Development Officer will contact the new
service provider to discuss the impact the request may have on their
service and any requirements and timeframes.
d)
Where the individual, exiting service provider and the new service
provider have agreed to the transfer request and timeframe, the
Service Contracting and Development Officer will arrange the
transfer of funding through a Variation to Service Agreement for both
service providers.
e)
Where the proposed new service provider cannot accommodate the
transfer request, the Service Contracting and Development Officer
will immediately advise the individual and the current service
provider.
7.2 Where an individual is in a shared option
a)
Individuals wishing to transfer service providers should discuss their
request with their current service provider and provide sufficient
notice to ensure a smooth transition for both the individual exiting
and the individuals continuing to live in the shared option.
b)
The service provider will notify the relevant Service Contracting and
Development Officer to discuss the requested transfer to facilitate a
smooth transition for all individuals involved in the shared option and
completion of the relevant administrative functions.
c)
Where individual funding is pooled to fund the shared arrangement
and supports and services are interdependent, another individual
with a similar level of funding will need to choose the position
currently occupied by the individual seeking to move. The Service
Contracting and Development Officer will advise the relevant Area
Manager in these cases to ensure due consideration is given to all
parties involved in the shared option.
d)
Where the individual, exiting service provider and the new service
provider have agreed to the transfer request and timeframe, the
Service Contracting and Development Officer will arrange the
transfer of funding through a Variation to Service Agreement for both
service providers.
e)
Where the proposed new service provider cannot accommodate the
transfer request, the Service Contracting and Development Officer
will immediately advise the individual and the current service
provider.
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Disability Services Commission
Service Contracting and Development Directorate
Changing Service Providers (Portability) Guidelines
7.3 Individual Development Program
Disability Professional Services (DPS) funding is allocated to program
places and portability of funding occurs through the transfer of program
places. Program places will be transferred between service providers at
the end of each financial year depending on population change and
demand for service. The aim is to provide equity of access to services.
Where an individual is eligible for services from a service provider that has
a vacant place, an individual may occupy that place. Where a service
provider has no place vacancies, the provider will maintain a waiting list of
individuals seeking a place. Where a service provider has vacant places
and another service provider has a demonstrated demand for places, the
program places will be transferred.
In this case, the Manager Individual Development Program or Service
Contracting and Development Officer will contact both the service provider
with the program place vacancies and the provider to which they are
proposed to be transferred to discuss the impact of the potential transfer
their service and transfer timeframes.
The reallocation of program places and funding will be achieved through a
Variation of Service Agreement to both the service provider reducing
program places and funding and the service provider gaining the program
places and funding.
8.
Funding Or Resource Implications
With the exception of the administration costs related to processing the transfer,
which will be absorbed by the parties, all transfers are to be cost neutral to the
Commission.
9.
Related Policies
Commission policies that incorporate the principle of the ‘provider of choice’
include:


A Fair Level of Funding Policy
Individualised Funding Policy
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Disability Services Commission
Service Contracting and Development Directorate
Changing Service Providers (Portability) Guidelines
10. Communication And Training Strategy
Stakeholder
Service Contracting and
Development staff
Commission personnel
Service Providers
Strategy
 Through Area Managers
 SCDO Meetings
 SCD Policies on SharePoint
 Changing Service Providers (Portability) Guidelines on
the Commission Intranet site
 Changing Service Providers (Portability) Guidelines on
the Commission web site
11. Evaluation And Review
These guidelines are evaluated according to the standard Director General
policy review mechanism.
For further information contact:
Resi Mitterbauer
Block Funded Contracting Quality and Outcomes Manager
Author:
Resi Mitterbauer
Date:
16 May 2013
Reference: W:\Service Contracting and Development\Operational
Governance\Policies & Procedures & Templates\Procedures &
Guidelines\Changing Service Providers (Portability) Guidelines.doc
Next Review: May 2014
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