NSW HOUSING AND HUMAN SERVICES ACCORD
Supporting social housing tenants through partnerships
Shared Access
Operating Agreement
[Insert title of partnership project]
between Housing NSW and
[Insert title of Agency]
[Insert Agency Logo]
[Insert date]
Please download current documents from the
Housing NSW Website: www.housing.nsw.gov.au
Shared Access Operating Agreement
Contents
1.
Introduction ........................................................................................................................ 3
2.
Parties to the Operating Agreement ................................................................................ 3
3.
Term of this Agreement ..................................................................................................... 3
4.
Principles of the Agreement ............................................................................................. 3
5.
Project Scope and Operations.......................................................................................... 4
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Key Objectives .............................................................................................................. 4
Target Group ................................................................................................................ 4
Geographic Location ..................................................................................................... 4
Referral and Assessment ............................................................................................. 5
Service Level Agreement.............................................................................................. 5
Support Provision ......................................................................................................... 5
Housing Provision ......................................................................................................... 6
6.
Information sharing/confidentiality .................................................................................. 7
7.
Roles and Responsibilities ............................................................................................... 8
7.1
7.2
7.3
8.
Joint Responsibilities .................................................................................................... 8
Housing NSW Responsibilities ..................................................................................... 8
[Agency] Responsibilities .............................................................................................. 9
Governance ...................................................................................................................... 10
8.1
Meeting arrangements ................................................................................................ 10
9.
Issues Management and Problem Solving .................................................................... 11
10.
Monitoring and Evaluation .............................................................................................. 12
11.
Review and Withdrawal ................................................................................................... 13
12.
Effective Date and Signatories ....................................................................................... 13
Appendix 1: Definitions ............................................................................................................ 14
Appendix 2: Attachments ......................................................................................................... 14
 Housing and Human Services Accord
 Shared Access Schedule
 Service Level Agreement Template
 Client Information Sharing Schedule
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Shared Access Operating Agreement
1. Introduction
This Operating Agreement (‘the Agreement’) sets out the terms for the operation of the [name of
Partnership Project]. This is the Partnership Project established under the NSW Housing and
Human Services Accord (‘the Accord’) that aims to provide housing and support to clients with
complex housing needs in order to assist them to sustain their tenancies. This Partnership
Project has been established according to the Shared Access Schedule of the Accord.
2. Parties to the Operating Agreement
The Parties to this Operating Agreement are:
 Housing NSW
 Insert Agency(s)
 Insert Agency(s)
 Insert Agency(s)
 Insert Agency(s)
Where funded or contracted non-government organisations (NGOs) are involved in service
provision for clients under this Agreement, they will be signatories to the Service Level
Agreement (see Section 5.5), with the agreement of their funding government agency, as
specified in this Operating Agreement. NGOs that are self-funded will determine their own
involvement.
3. Term of this Agreement
The term of this Agreement is xxx years, commencing on the Effective Date.
4. Principles of the Agreement
The principles governing this Agreement are consistent with the Accord and the Shared Access
Schedule. The Parties agree that:
 Cross agency partnering to plan, co-ordinate and implement housing and support strategies is
the most effective way to build and strengthen service responses for people with complex
needs.
 This Agreement aligns with the legislative obligations, corporate priorities and available
resources of all signatory agencies.
 Eligible clients with complex needs nominated under this Agreement will be assisted to have
access to secure, affordable, supported social housing.
 They will share responsibilities for assessing the eligibility of those clients.
 Housing and support is matched to clients’ needs.
 Clients needs are reviewed regularly and service provision is responsive to changing needs.
 Clients are assisted to build their capacity to move from social housing to other forms of
affordable housing, where possible.
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Shared Access Operating Agreement
5. Project Scope and Operations
The Operating Agreement is an Agreement between the parties to provide housing and support
to [client target group] in [location].
[Describe project briefly.]
5.1 Key Objectives
The Parties agree that the objectives for this partnership are:
(Insert dot points for example):
 To assist families and/or their carers / guardians to support their adult children (clients) with a
disability to move into and sustain independent living.
 To assist released offenders to reintegrate into the community and reduce re-offending.
 To assist children of or above 16 years and young persons living in out of home care,
transition to independent living and to assist them in acquiring the skills necessary for
independent living’.
5.2 Target Group
5.2.1 The target group for this Partnership is [describe the target group in full including age,
gender, Aboriginality etc].
5.2.2 Client eligibility for acceptance into the Partnership under this Agreement will be
determined by the following parameters:
a) Clients must be eligible for public [social] and be able to demonstrate eligibility for priority
housing assistance by being in urgent need of housing and being unable to resolve their own
housing need in the private market due to the complexities of the situation.
and
b) Clients must meet the following project-specific criteria
 XXXX
 XXXX
 XXXXX
5.2.3 [If relevant], priority will be given to [describe e.g. Aboriginal people].
5.2.4 The maximum number of clients to be assisted under this Agreement is [XXX] per year.
Of these [XXX] will be new social housing tenants and [XXX] will be existing social
housing tenants.
5.3 Geographic Location
This Partnership Project operates in [specify the locations]. Clients will be assisted in NSW
Housing Services Divisions: (list Divisions), including the following allocation zones (list zones)
[NOTE1: Whichever Divisions are involved, the GM or their delegate must be a
signatory to this agreement. Other Parties may also require regional sign off – need to
check at time of negotiation.
NOTE 2: The actual location of operation for this agreement needs to be negotiated
and agreed to by all parties. The statement of allocation zones results after this
agreement]
NOTE 3: Allocation zones are include for the information of Housing staff
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Shared Access Operating Agreement
5.4 Referral and Assessment
5.4.1
Clients who meet the eligibility criteria (in 5.2.2) can be referred to the partnership by the
Parties or their nominated NGOs (if relevant). Client’s assessment and eligibility for
Priority Housing is undertaken at the time of joint assessment with Housing NSW having
the role of ensuring the referral will be able to substantiate their “urgent need of housing”
and “inability to resolve their own housing need” when they present for housing
assistance.
Should a client not be assessed as eligible for Priority Housing through this process they
are still able to apply for housing assistance through standard procedures of applying for
public housing.
5.4.2 Client consent is to be obtained before making the referral (see Section 6).
5.4.3 Referrals are to be made using the referral and assessment format agreed by the Parties.
This format will enable full assessment of the client’s needs and any risks associated with
accepting the client into the Partnership. The needs assessment will be utilised in the
development of the support plan.
5.4.4 An assessment of referred clients is to be considered jointly by the Parties at an
interagency Working Party meeting (see Section 8). Acceptance of referrals will be
documented in the meeting minutes. A copy of the assessment and the reason for
acceptance or declining of the referral made will be placed on the client file by each
Party.
5.5 Service Level Agreement
5.5.1 If the referral is accepted, the Parties will develop a Service Level Agreement (SLA),
using the Accord SLA template, with all service providers for each client. A detailed Case
Plan (also referred to as a Support Plan or Care Plan) will be attached to the SLA. The
SLA and Case Plan must be agreed upon by service providers and the client before the
client is allocated a property.
5.5.2 The SLA is to be signed by all parties providing a service to the individual client, including
NGOs where relevant, with the agreement of their funding agency (unless the NGO is
self-funded). The SLA will include details about the:
 Property address
 Client name and contact details
 Contact details for housing and support providers and the lead case manager
 Description of support
 Review Date Plan
 Commencement and end date of the Residential Tenancy Agreement and SLA.
5.6 Support Provision
5.6.1 Support provision to all clients accepted under this Agreement will be consistent with their
assessed need. [Agency] will ensure that at least XXX months of support is provided to
each client either directly or by their nominated NGO provider.
5.6.2 At the end of the agreed support period, the client’s needs will be reviewed and additional
support will be provided if needed.
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Shared Access Operating Agreement
5.6.3 The type of support to be provided under this Agreement will include (but is not limited
to): [dot points e.g. living skills, counselling, job seeking]



5.6.4
If the client applies for a transfer, the Support Provider must be able provide support at
the new location, or undertake to assist Housing NSW [CHP] identify a new Support
Provider in the new location. A new Service Level Agreement must then be signed by
all parties.
5.7 Housing Provision
5.7.1 Housing NSW [or Community Housing Provider] is the nominated Housing Provider for
this Partnership.
5.7.2 [if relevant] Clients may indicate at time of application whether they wish to be considered
for an Aboriginal Housing property. If they do, they will need to provide Confirmation of
Aboriginality.
5.7.3 The type of properties considered suitable for the target group under this Agreement are:
[list any specific requirements e.g. no bedsits or high rise]
5.7.4 Each client shall be required to sign a Residential Tenancy Agreement – the term of the
lease offered by Housing NSW will be consistent with current Housing NSW tenure policy
which is generally a 2, 5 or 10 year tenure. The lease will be reviewed according to
Housing NSW lease review policy.
5.7.5 [delete this clause if not relevant] For clients housed by a Community Housing Provider
(CHP), the term of the lease will be consistent with the tenure policy of that provider.
(This could include private rental properties managed by the Provider).
5.7.6 [delete this clause if not relevant] For clients under the age of 18, their assessment will be
consistent with the Housing NSW policy on housing minors and the Parties will ensure
that the terms of the Residential Tenancy Agreement are explained to them by the Public
Trustee or a solicitor.
5.7.7 Housing NSW will endeavour to allocate a suitable property for a client accepted into the
Partnership in the shortest time that is possible within the required location. Should a
client be in urgent housing need prior to property allocation, the Parties will work closely
together to ensure that the client has access to appropriate transitional or temporary
accommodation, or is able to stay with family or friends. Options will be considered at the
time of referral and assessment.
5.7.8 Where a client has relevant documentation that identifies the need for suitably modified
property, Housing NSW will attempt to match the client with appropriate housing
assistance.
This includes outlining any features that would be considered unsuitable for the client
such as number of stairs in the property or no carpet for health reasons. In the
circumstances where major modifications would be necessary an Occupational
Therapists report would be required and would need to be addressed on an individual
basis.
5.7.9 Requests for property transfers will be considered within existing Housing NSW policies
and procedures and subject to the continuation of support at the requested location. (see
Clause 5.6.4).
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Shared Access Operating Agreement
6. Information sharing/confidentiality
6.1 The Parties commit to share information about nominated clients under this
Agreement provided that:
6.1.1 Information sharing under this Agreement complies with the Privacy and Personal
Information Protection Act 1998 (NSW).
6.1.2 Information sharing under this Agreement complies with the Health Records and
Information Privacy Act 2002 (NSW) and the NSW Health Privacy Manual.
6.1.3 Information sharing under this Agreement complies with Housing NSW’s Privacy Code of
Practice 2000.
6.1.4 Information sharing under this Agreement complies with the Children and Young People
(Care and Protection Act) 1998.
6.1.5 Information sharing under this Agreement complies with any other relevant legislative
requirements in relation to privacy.
6.1.6 Consent in writing is acquired from the client, their legal carer or guardian to share
information in relation to their tenancy and support. The consent form developed
as part of the Draft Client Information Sharing Schedule shall be used to obtain
consent. The signed consent form must be tabled at the Working Party meeting when
a client is discussed.
6.1.7 Once endorsed, the objectives outlined in the Client Information Sharing Schedule will
underpin this Agreement.
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Shared Access Operating Agreement
7. Roles and Responsibilities
7.1 Joint Responsibilities
All Parties agree to:
7.1.1 Work collaboratively, within the parameters of each agency’s policies and procedures to
identify, nominate, and assess each client’s need for housing and support, and to
endeavour to meet these needs within the agreed resources.
7.1.2 Review the changing needs of each client through interagency meetings and ensure that
any problems identified are addressed promptly.
7.1.3 Participate in a joint review of the tenancy in advance of the lease end date (in
accordance with Housing NSW policy).
7.1.4 If it is determined that the client no loner requires social housing and support, an exit plan
will be jointly developed by the parties at least 3 months in advance of the end of the
lease.
7.1.5 Ensure appropriately delegated participation in interagency meetings and that minutes
are kept.
7.1.6 Monitor and adhere to the target number of clients identified for this Agreement (see
5.2.4)
7.2 Housing NSW Responsibilities
NOTE: If a Community Housing Provider (CHP) is involved, this section should be amended to
reflect their involvement and responsibilities.
Housing NSW is responsible for:
7.2.1 Assessing eligibility of clients in relation to income and other relevant Housing NSW
policies for housing assistance and other products.
7.2.2 Negotiating the location of housing to be allocated with the Parties and allocating that
housing to nominated clients.
7.2.3 Providing tenancy management services in accordance with Housing NSW policy and the
Residential Tenancy Act.
7.2.4 Matching tenure to the needs of the clients in accordance with Housing NSW policy.
7.2.5 Ensuring clients understand their rights and responsibilities as tenants with Housing NSW
and under the Residential Tenancy Act 1987.
7.2.6 Ensuring clients understand their right to appeal certain decisions made by Housing
NSW, including at the Housing Appeals Committee.
7.2.7 Informing the nominated primary case manager/key contact person of the support
provider, as well as the other Parties, as soon as any issues arise that may threaten the
tenancy sustainability – this includes but is not limited to arrears, property care issues,
and anti-social behaviour issues and unauthorised additional occupants.
7.2.8 Participating in tenancy reviews, including reassessments of the ongoing care and
support needs for clients.
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Shared Access Operating Agreement
7.3 [Agency] Responsibilities
The responsibility of [Agency] are listed below – [Agency] may delegate some of these
responsibilities to a funded or contracted NGO but retains overall responsibility.
7.3.1 Referring clients for participation in the Partnership. Referrals are to be made as far in
advance of the need for housing as possible [specify if possible e.g. 2 months prior to
release of offenders].
7.3.2 Undertaking a comprehensive assessment of nominated clients for the purposes of
determining eligibility for the [Agency/s] services and assessing support requirements of
clients as well as risks.
7.3.3 Nominating clients for housing assistance in exchange for undertaking to provide and/or
contract the delivery of support to these clients once they enter social housing for the
duration of the agreed support period (see Section 5.6).
7.3.4 Ensuring that each client has a Service Level Agreement and Case Plan which specifies
the intensity, type and duration of support that will be provided by the [Agency] or
contracted NGO. Ensure that the NGO signs the Service Level Agreement.
7.3.5 Participating in tenancy reviews, including reassessments of the ongoing care and
support needs for clients nominated under this Agreement.
7.3.6 Ensuring that contracted NGOs perform the services that they are funded for in relation to
clients in the Partnership. If the performance of services is unsatisfactory for any reason
or the contracted NGO is unable to perform the service, the [Agency] will implement
alternative arrangements with another NGO to ensure the ongoing support of clients until
the issues are resolved.
7.3.7 Ensure the NGO has the capacity to deliver support to clients in a way that meets
appropriate service standards and monitor this capacity.
7.3.8 Initiate action with the NGO where it is determined that partner is unable to participate in
the administrative or support arrangements under this Agreement.
7.3.9 Immediately advise Housing NSW of any issues that threaten the sustainability of the
tenancy.
[Insert additional sections for other agencies, as required. Specify roles and
responsibilities of each agency.]
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Shared Access Operating Agreement
8. Governance
8.1
Parties agree that the Partnership will be governed by a Cross-Agency Working Group
that will ensure compliance with this Operating Agreement.
8.2
This Working Group is responsible for making decisions collectively about acceptance of
nominated clients (see 5.4).
8.3
The key contact officers for coordination of involvement in this Partnership are:
Agency Name
Name of Person
Position
Housing NSW
8.4
Agency representation on the Cross-Agency Working Group will be determined by the
relevant managing Officers from each participating agency. Membership is mixed with
specific staff to be invited by the Working Group, as required. Generally, participants may
include:
[list key positions to be involved from each agency]
8.1 Meeting arrangements
8.1.1 The Working Group will meet regularly [specify e.g. monthly] from [month/year]. The
frequency of meeting may be reviewed at any time. Specific meetings for case
conferencing/planning may take place between Working Group meetings and may be
delegated to agency service staff, as required.
8.1.2 Meetings shall take place at [location].
8.1.3 The senior management representatives from the Parties shall rotate chairing of the
meetings, or nominate a Chair.
8.1.4 The Chair/s may call out of session meetings to deal with critical issues if required.
Critical issues involve high-risk matters that require urgent attention in relation to clients
supported and housed under this trial.
8.1.5 A timetable of scheduled meetings is to be agreed upon at the first meeting of the
Working Party.
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Shared Access Operating Agreement
8.1.6 The Chair/s shall nominate a minute taker for each meeting whose role will be to:
 Take minutes at Cross-Agency Working Group meetings and distribute these within one
week of the meeting.
 Distribute an agenda to all members one week prior to meetings.
 Remind members of the date and venue of the Working Group meeting at least one
week prior to meetings.
 Co-ordinate any written reports which will be tabled at meetings to inform the decision
making process.
8.1.7 Working Group members may nominate agenda items prior to the meetings.
8.1.8 A quorum shall consist of at least one representative from each participating agency and
should include the Chair or their nominated delegate.
8.1.9 Minutes of meetings shall include an issues log, and an Action Plan Summary outlining
the actions to be taken from the meetings, the date for completion and the responsible
member.
8.1.10 Progress against actions shall be reviewed at every meeting and documented.
9. Issues Management and Problem Solving
9.1
The Parties agree that the most effective way to resolve issues and solve problems that
arise during the trial should be through conciliation at the local level. To achieve this,
parties agree that there be a four step resolution process:
Step
Action
Step 1
Identify possible solutions between operational personnel
Resolved: Document for sign-off at cross agency working group meeting
Unresolved: Go to step 2
Step 2
Refer within 5 days to senior management representatives from the Parties
Resolved: Document for sign-off at cross agency working group meeting
Unresolved: Go to step 3
Step 3
Refer within 10 days to General Manager (Housing Services Division) or their
delegate and [General Manager or Regional Manager – as relevant of Other
Agency/s] for decision
Resolved: Document for sign-off at cross agency working group meeting
Unresolved: Go to step 4
Step 4
Referral within 10 days to Accord Senior Officer’s Group for decision and further
escalation if required
Resolved: Document for sign-off at Cross-Agency Working Group meeting
Unresolved: SOG determined next action
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Shared Access Operating Agreement
10. Monitoring and Evaluation
10.1 The Parties agree that this Partnership will be monitored and evaluated according to the
Accord Monitoring and Evaluation Strategy. This Strategy identifies the result indicators
and performance measures for the Accord and its partnerships. It also sets out the data
collection and reporting requirements for Accord partnership projects.
10.2 Upon commencement of the Partnership, the Working Party will discuss and agree on
data collection and reporting responsibilities, according to the Strategy. At this time, the
Parties may by mutual agreement decide to collect additional information that is specific
to the Partnership.
10.3 To assist in monitoring and evaluation, the Parties agree to ensure that the following
documentation is maintained and filed for easy access:
 Project brief (e.g Project Proposal, Business Case)
 Signed Operating Agreement
 Minutes of Working Party meetings including issues logs
 Client referrals, assessments and decisions made on referrals
10.4 Housing NSW will make available the following information (aggregated and de-identified):
 Any tenancy issues arising for clients under this Agreement – including arrears, property
condition, nuisance and annoyance complaints
 Any tenancies that are exited prior to the lease end and the reasons
 Length of time taken to allocate properties to clients after referral
10.5 Other Agencies will make available the following information (aggregated and
de-identified):
 Costs involved in supporting clients e.g. number of contacts with support service, cost of
contracting NGOs
 Client outcomes – e.g. progress against goals
10.6 All Parties agree that client consent will be provided in writing for each of the partners to
enable sharing of data and information. (See Section 6.)
10.7 All Parties will ensure that staff involved in the Partnership are able to participate in
evaluation activities including interviews and/or focus groups.
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Shared Access Operating Agreement
11. Review and Withdrawal
11.1 This Agreement shall continue for the specified term unless superseded by the
development and commencement of a replacement Agreement at any time.
11.2 This Agreement may only be terminated in writing by mutual agreement by the Parties.
11.3 Parties to the Agreement may choose to withdraw from the Agreement by giving three (3)
months written notice to the other Party/ies so long as the withdrawing party endeavours
to implement alternative arrangements for the ongoing housing and support of the client
after their withdrawal.
11.4 The Agreement shall be reviewed quarterly and again after one year from the date of its
commencement. The review itself shall not terminate the Agreement and the Agreement
shall continue throughout any review or review period.
11.5 The Chair of the Working Party shall initiate this review.
12. Effective Date and Signatories
This Operating Agreement will be effective as and from [day/month/year] and shall continue for
[XXX] years unless superseded by the development and commencement of a replacement
Agreement at any time.
Signed: ___________________________________________________________________
Agency
Position
Name
Signature
Date
Housing NSW
NOTE: Delegated signatory for DoCS will always be the Deputy Director-General, Service
System Development. Other Parties need to identify appropriate delegation.
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Shared Access Operating Agreement
Appendix 1: Definitions
In this Operating Agreement:
[Add more definitions if required.]
Client – person nominated and accepted for social housing and support under this Agreement.
Case Plan – a plan negotiated with the client nominated under this agreement that outlines the
support services to be provided for its duration. A Case Plan may also be referred to as a Care
Plan or Support Plan.
A client with complex needs – includes individuals / families/ households who may experience
mental illness, physical or intellectual disability, acquired brain injury, cognitive impairment,
behavioural difficulties, social isolation, family dysfunction and alcohol or other drug misuse, or
combinations of these conditions.
Exit Plan – a plan that outlines how a client nominated and accepted under this Agreement will
be supported to move from social housing to another form of suitable affordable housing.
Housing assistance – any assistance to provide housing or support to clients nominated under
this Agreement.
Non-Government partner – the organisation engaged by a signatory agency to undertake the
support of the client nominated for social housing under this Agreement.
Parties - the signatory agencies to this Agreement.
Service Level Agreement (SLA) – document that outlines the administrative and support
services between signatory agencies at the local level and is an attachment to this Operating
Agreement.
Social housing – housing provided by either Housing NSW, community housing or Aboriginal
housing for clients nominated under this agreement.
Appendix 2: Attachments
The following documents are attached to this Agreement:
 Housing and Human Services Accord
 Shared Access Schedule
 Service Level Agreement Template
 Client Information Sharing Schedule
 Accord Monitoring and Evaluation Strategy
These Attachments can be updated and superseded from time to time with the written
endorsement of all signatories to the Agreement.
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