CDEP Supplementary Conditions, Annexure A of the 2009-12 ...

Program Specific Conditionsfor CDEP Program FundingCDEP Supplementary Conditions,Annexure A of the 2009-12Standard Funding AgreementUpdated July 2011

© Commonwealth of Australia 2011This work is copyright. Apart from any use as permitted under theCopyright Act 1968, no part may be reproduced by any process withoutprior written permission from the Commonwealth, available from theCommonwealth Copyright Administration, Attorney-General’s Department.Requests and inquiries concerning reproduction and rights should beaddressed to the:Commonwealth Copyright AdministrationAttorney-General’s DepartmentCentral Office3-5 National CircuitCanberra ACT 2600or posted at www.ag.gov.au/ccaiiCDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

Contents1 INTERPRETATION 12 GENERAL ACTIVITY OBLIGATIONS 8Credential checks 9Competitive Neutrality 93 CDEP PROGRAM REQUIREMENTS 9CDEP Services, CDEP Projects and Development and Support Initiatives 9Average Agreed Places (AAP) 104 development and support 10Reports 10Development and Support Initiatives 11Personal Information 115 continuing PARTICIPANT ELIGIBILITY REQUIREMENTS 11CDEP Eligibility Criteria for Continuing Participants 11Ineligibility Criteria for Continuing Participants for the CDEP Program 136 new PARTICIPANT ELIGIBILITY REQUIREMENTS 14CDEP Eligibility Criteria for New Participants 147 REFERRALS FROM JOB SERVICES AUSTRALIA PROVIDERS 158 OBLIGATIONS in delivering the cdep program 15General 15Participant Plans and Employment Pathway Plans 17CDEP Work Rules 18New Participant and Continuing Participant direct recruitment and conditions 18New Participant and Continuing Participant engagement and conditions 19Leave and absences for New Participants and Continuing Participants 19Exiting New Participants and Continuing Participants 20No charges to New Participants or Continuing Participants 22Leaving one CDEP Provider and commencing at another 229 GENERAL FUNDING REQUIREMENTS 22Release of Funding 22Bank accounts 23Funding categories 23Limitation on Funding for Outcome Payments 24CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreementiii

21 STANDARD ACCESS PRACTICE IN RELATION TO personalINFORMATION 42Documents relating to the New Participant and Continuing Participant 42CDEP Material 43Proof of Identity and Noting of Material 4322 INFORMATION TECHNOLOGY 4323 IMplementation of CDEP reforms 4624 CHANGE MANAGEMENT 4625 Certain Items continue after this Agreement ends 47CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreementv

1 INTERPRETATION1.1 In this CDEP Schedule, unless a contrary intention appears:‘Accredited Training’ means an accredited training course which isa Certificate 1 Level course or higher, or such other course which isapproved by us in writing;‘Activity Performance Indicators’ means the indicators so described andset out at Annexure B of the CDEP Schedule;‘Allowable Break’ means an absence of more than two consecutiveweeks of:(a) paid leave approved by you;(b) unpaid leave where approved by us in writing;‘Average Agreed Places’ or ‘AAP’ means the maximum average numberof New Participant and Continuing Participant places that we have preapprovedfor the Activity Period;‘Average Per Participant’ or ‘APP’ rate is the minimum amount fromCDEP Wage Funds that each Continuing Participant must be given theopportunity to earn;‘Budget’ means the budget set out in Annexure C of the CDEP Schedule;‘CDEP Eligibility Criteria’ means the criteria set out in:(a)(b)Item 5 which determines whether a person is eligible to be aContinuing Participant; andItem 6 which determines whether a person is eligible to be a NewParticipant;‘CDEPManager’ means the computer information system provided byus that is used by us and CDEP Providers as the primary tool for trackingAAP, managing New Participant and Continuing Participant numbers anddetails, managing Outcome Payments and reporting;‘CDEP Material’ means any Materials that are collected or created for thepurpose of delivering the CDEP Program including, but not limited to:(a)your Complaints Register;1 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(b)(c)(d)(e)(f)(g)(h)(i)Materials containing the name and address and personal detailsof each of your New Participants and Continuing Participants;Materials containing details about the period in which eachCDEP Service and CDEP Project is delivered to each of your NewParticipants and Continuing Participants;Materials containing details about the nature and outcome ofeach CDEP Service and CDEP Project provided to each of your NewParticipants and Continuing Participants;Materials to support expenses incurred in delivering the CDEPService and CDEP Project;Materials relating to the employee entitlements of each of yourContinuing Participants;any correspondence between you and an Australian Governmentagency;any other Material that we may notify you of from time to time;andNew Participant and Continuing Participant attendance records;‘CDEP Program’ means the Community Development EmploymentProjects (CDEP) program administered by us and to which your Activityrelates;‘CDEP Projects’ means projects carried out under the CommunityDevelopment Stream. To avoid any doubt, CDEP Projects do not includeDevelopment and Support Initiatives;‘CDEP Provider’ means any organisation that from time to time receivesfunding from us to deliver the CDEP Program and where the contextpermits, includes you;‘CDEP Schedule’ means Items A-L of the Schedule to this Agreementand includes all Annexures to it and any documents incorporated byreference. For the avoidance of doubt it does not include the Terms andConditions or any other Schedule to the Agreement under which you mayreceive funding from another Commonwealth of Australia Department orAgency;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 2

‘CDEP Services’ means activities carried out under the Work ReadinessStream and includes training and work experience;‘CDEP Service Guarantee’ means the principles you must comply withwhen delivering the CDEP Program and is available from us;‘CDEP Wage Funds’ means the portion of the Funding that is allocated toyou to pay Continuing Participants for participating in CDEP Services andCDEP Projects;‘CDEP Wage Funds Entitlement’ means the actual amount of CDEP WageFunds that you are entitled to receive under this Agreement;‘CDEP Work Rules’ means rules determined by you in accordance withItem 8;‘Centrelink’ means the Commonwealth Services Delivery Agencyestablished under the Commonwealth Services Delivery Agency Act1997;‘Community Action Plan’ or ‘CAP’ means the plan developed by you inaccordance with this Agreement;‘Community Development Officer’ means the person appointed, or givenresponsibility, to do any or all of the following:(a)(b)(c)develop the Community Participation Profile;develop the Community Action Plan; andimplement Development and Support Initiatives;‘Community Development Project Funds’ or ‘CD Funds’ means the partof the Funding provided to you to operate and manage CDEP Projects inaccordance with the Budget;‘Community Development Stream’ means the CDEP Projects that formpart of the Activity and which are specified in the CDEP Schedule;‘Community Participation Profile’ or ‘CPP’ means the report developedby you in accordance with this Agreement;‘Complaint’ means any expression of dissatisfaction by anyonereceived by you, or referred to you by us with your policies, procedures,3 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

employees, or quality of service offered or provided, but does notinclude:(a)(b)(c)a request for services, unless it is a second or further requestwhen there has been no response to the earlier request(s);a request for information or explanation of a policy or procedures;orthe lodging of any appeal against a decision when it is a normalpart of standard procedure or policy;‘Complaints Register’ means the list of Complaints kept by you at yourpremises in accordance with this Annexure A;‘Completion Date’ means 90 calendar days after the end of the ActivityPeriod specified at Item B of the CDEP Schedule, or the day after youhave done, to our satisfaction, all that you are required to do under thisAgreement, which ever is the later;‘Continuing Participants’ are persons who meet the CDEP EligibilityCriteria for Continuing Participants at Item 5 and are registered onCDEPManager;‘Credential Checks’ means checks conducted by us and may alsoconsist of checks with external credit organisations, or relevant externaldatabases;‘Customer Service Line’ means our free call telephone service availablefor New Participants and Continuing Participants who wish to raiseissues about the service they have received from CDEP Providers. Thephone number is as notified by us from time to time;‘Development and Support Funds’ means the part of the Fundingprovided to you to:(a)(b)(c)complete the Community Participant Profile and CommunityAction Plan;operate and manage Development and Support Initiatives; andprovide community and organisational development and support;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 4

‘Development and Support Initiatives’ means activities carried out tohelp strengthen communities and provide community and organisationalsupport as set out in the Community Action Plan;‘Employment Pathway Plan’ or ‘EPP’ means a document prepared by aJob Services Australia Provider setting out an individualised pathway toemployment for each New Participant or Continuing Participant;‘Income Support’ means any of the following: a social security benefit;a job search allowance; a social security pension, a youth trainingallowance; a service pension; an income support supplement;‘Job Services Australia Provider’ means an organisation contracted bythe Department of Education, Employment and Workplace Relationsto provide employment services. For the purposes of these CDEPSupplementary Conditions, a Job Services Australia Provider can betaken to mean other employment service providers that are contractedby the Department of Education, Employment and Workplace Relations;‘Language, Literacy and Numeracy Training’ means training that isaimed at improving the participant’s language, literacy and/or numeracyskills to enable more effective participation in the workforce, or trainingas otherwise approved by us in writing;‘Location’ means the location specified at Item B of the CDEP Schedule;‘Loss’ means all damage, loss and costs of whatever nature ordescription, including consequential or indirect losses, economic lossand loss of profits;‘National or State Accreditation Body’ means any body recognised byeither a peak industry organisation or a Commonwealth, State, Territoryor local government body as a bona fide National or State AccreditationBody;‘National Privacy Principle’ means any of the National Privacy Principlesset out in the Privacy Act 1988;‘New Participants’ are persons who meet the CDEP Eligibility Criteria forNew Participants at Item 6 and are registered on CDEPManager;5 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

‘Non-Accredited Training’ means training which does not meet thedefinition of Accredited Training but which is undertaken with an industryrecognised trainer or training organisation accredited by a National orState accreditation body, or such other training which is approved by usin writing;‘Off-CDEP Employment’ means work that is not provided or madeavailable through the provision of CDEP Wage Funds from us under theCDEP Program and which is not undertaken concurrently with CDEPServices or CDEP Projects;‘Outcome Payments’ means the payments claimable by you for achievingemployment, training or work experience placements and milestones asspecified at Item 14;‘Participant Acknowledgement Form’ means an agreement between youand each New Participant or Continuing Participant, stating that they andyou are aware of and comply with the CDEP Program requirements;‘Participant Payments’ means payments (expressed as a fortnightly rate)from CDEP Wage Funds a Continuing Participant receives for participatingin a CDEP Service and for participating in a CDEP Project. To avoid doubtParticipant Payments include:(a)(b)(c)payments made to Continuing Participants for hours worked in aCDEP Service and a CDEP Project up to the relevant APP rate;leave entitlements to Continuing Participants accrued during theirparticipation in a CDEP Service and a CDEP Project; andTop-Up payments;For the avoidance of doubt a participant payment is a CDEP SchemePayment for the purposes of section 1188B of the Social Security Act1991;‘Participant Plan’ is a plan developed by CDEP Providers withNew Participants and Continuing Participants who do not have anEmployment Pathway Plan in place with a Job Services Australia providerto identify the New Participants and Continuing Participants’ level ofwork readiness and set out a plan to improve their employability skillsfor moving them into Off-CDEP Employment;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 6

‘Personal Information’ has the same meaning as under section 6 of thePrivacy Act 1988 which currently is information or an opinion (includinginformation or an opinion forming part of a database) whether true ornot, and whether recorded in a material form or not, about an individualwhose identity is apparent, or can reasonably be ascertained, from theinformation or opinion;‘Recognition of Prior Learning’ or ‘RPL’ means an assessment processthat assesses the individual’s non-formal and informal learning todetermine the extent to which that individual has achieved the requiredlearning outcomes, competency outcomes, or standards for entry into,partial completion or total completion of any training course accreditedby a National or State Accreditation Body, Certificate 1 or higher;‘Service Level Agreement’ means an agreement between you and aJob Services Australia Provider outlining how you and the Job ServicesAustralia provider will work together to assist New Participants andContinuing Participants;‘Service Fees’ means the part of the Funding provided to you for the dayto day operation and management of your organisation;‘Top-up payment’ means the amount of CDEP Wage Funds thatContinuing Participants may receive in excess of the APP rate, inaccordance with Items 13.19 and 13.20;‘Work Experience’ means placing New Participants and ContinuingParticipants in a work environment outside the CDEP Program so theymay increase their skills to gain Off-CDEP Employment;‘Work Experience Agreement’ means a written agreement between youand the Work Experience Employer outlining the terms and conditionsunder which the Work Experience Employer will engage New Participantsand Continuing Participants and which work experience is anticipated tolead to Off-CDEP Employment;‘Work Experience Employer’ means an employer (including a grouptraining organisation) with whom one or more New Participant orContinuing Participant is placed in accordance with Item 16;7 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

Credential checks2.3 We reserve the right to carry out a Credential Check on you at any timeduring the term of this Agreement.2.4 You must provide reasonable assistance, including provision of anywritten authority, consent or permission that may be required to usin relation to any Credential Check at the times and in the mannerrequested by us from time to time.Competitive Neutrality2.5 You must:(a)(b)(c)(d)(e)ensure that any new business you create, own (in part or in full) oroperate are carried out as legally incorporated entities separatefrom you;not provide any goods or services free of charge to any businesscreated, owned or operated by you;not use any part of the Funding to allow any business created,owned or operated by you to unfairly gain a competitiveadvantage over other business;charge commercial rates for goods and services you provide orproduce using the Funding to any business created, owned oroperated by you; anddeal on a basis that is, and is perceived as being ‘arms-length’ withall businesses whether or not created, owned or operated by you.3 CDEP PROGRAM REQUIREMENTSCDEP Services, CDEP Projects and Development and Support Initiatives3.1 You can only operate or cease a:(a)(b)CDEP Service or CDEP Project, once our approval has been enteredinto CDEPManager. Our approval may be withheld or providedsubject to conditions determined by us;Development and Support initiative once you have received ourwritten approval, which may be withheld or provided subject toconditions determined by us.9 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

3.2 You must not vary an aspect of any:(a)(b)CDEP Service or CDEP Project without our prior approval throughCDEPManager which may be withheld or provided subject toconditions determined by us;Development and Support Initiative under this Agreement withoutour prior written approval which may be withheld or providedsubject to conditions determined by us.3.3 We may reduce or vary the scope and Location of the Activity at any timeduring the Activity Period by giving you written notice.Average Agreed Places (AAP)3.4 We may, in our absolute discretion:(a)(b)(c)determine the AAP;determine the numbers of AAP allocated to you in each stream ofthe CDEP Program;vary the AAP at any time during the Activity Period by giving younotice of the variation.3.5 If you wish to have the AAP varied, you must apply to us in writing. Wemay approve or decline the application in our sole discretion, and mayattach any conditions to our approval that we consider appropriate.4 development and supportReports4.1 You must develop the Community Participation Profile and CommunityAction Plan in consultation with the local community to our satisfactionand we may direct you to provide documentation to support this.4.2 You must work in consultation and cooperatively with us in regards tothe development of the Community Participation Profile and CommunityAction Plan, where required by us.4.3 A copy of the Community Participation Profile and Community ActionPlan must be available for inspection by members of the public at yourpremises during the term of this AgreementCDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 10

Development and Support Initiatives4.4 Once you provide, to our satisfaction, the Community Action Plan we willliaise with you to:(a)(b)develop, Development and Support Initiatives which will form partof the Activity; anddetermine the amount of Funding required to deliver theDevelopment and Support Initiatives.4.5 We may direct you to review the Community Action Plan to oursatisfaction and in consultation with us when we are of the opinion that:(a)(b)the Development and Support Initiatives are not achieving thedesired outcome for the community; oryou are not delivering the Development and Support Initiatives inaccordance with the Community Action Plan.4.6 A Community Development Officer engaged in accordance with yourCommunity Action Plan is not a subcontractor for the purposes of clause28 of the Terms and Conditions.Personal Information4.7 If the Community Participation Profile or Community Action Plan containsany Personal Information you must either:(a)(b)obtain the consent of the persons concerned to make theinformation publically available; orremove the information from the Community Participation Profileor the Community Action Plan.5 continuing PARTICIPANT ELIGIBILITY REQUIREMENTSCDEP Eligibility Criteria for Continuing Participants5.1 A person may only participate in the CDEP Program as a ContinuingParticipant if:(a) the person was registered in CDEPManager on 30 June 2009;(b) the person has not received notification from us or Centrelink that11 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

6 new PARTICIPANT ELIGIBILITY REQUIREMENTSCDEP Eligibility Criteria for New Participants6.1 A New Participant is a person who:(a)(b)commences in the CDEP Program on or after 1 July 2009; orreceiving notification from us or Centrelink, that they are nolonger eligible to participate in the CDEP Program as a ContinuingParticipant.6.2 Before entering a New Participant into CDEPManager who is eitherdirectly recruited or referred to you by a Job Services Australia Provideryou must ensure they meet each of the following criteria:(a)(b)(c)be of Australian Aboriginal or Torres Strait Islander origin;complete and sign a Participant Acknowledgement Form andagree to be bound by the undertakings given in that form;be willing to take up CDEP Services, CDEP Projects or an offer ofOff-CDEP Employment.6.3 You must ensure:(a)(b)(c)if a Job Services Australia Provider is delivering services in theNew Participant’s area the New Participant must register with theJob Services Australia Provider within 90 calendar days of beingentered into CDEPManager as a New Participant and maintain thatregistration;if a Job Services Australia Provider commences delivering servicesin the New Participants area after 30 September 2009, the NewParticipant must register and maintain registration with the JobServices Australia Provider within 90 calendar days of the daythe Job Services Australia Provider commences delivering theservices;if a New Participant relocates to another area they must registerwith the local Job Services Australia Provider within 90 calendardays and maintain that registration.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 14

6.4 If a New Participant fails to participate in a CDEP Service, CDEP Project,or to accept an offer of Off-CDEP Employment without a reasonableexplanation to you, we may determine by giving written notice to you,that the person does not satisfy Item 6.2(c) and is therefore ineligible toparticipate in the CDEP Program.6.5 You will receive notification through CDEPManager if a New Participant isnot eligible to participate in the CDEP Program for a certain period.6.6 We may, in our absolute discretion, give you written notice that a persondoes not meet, or no longer meets, the CDEP Eligibility Criteria for NewParticipants, or is ineligible for a certain period.7 REFERRALS FROM JOB SERVICES AUSTRALIA PROVIDERS7.1 You have seven calendar days from the proposed EPP start date toaccept or reject a referral from the Job Services Australia Provider,however you can only reject a referral in exceptional circumstances, or asapproved by us in writing.7.2 If you do not action a referral from the Jobs Services Australia Providervia CDEPManager, the referral will be considered rejected and sent backvia CDEPManager to the Jobs Services Australia Provider on the eighthcalendar day after the EPP start date. The rejection reason returned tothe Jobs Services Australia Provider will be “not actioned”.7.3 If any issues arise in relation to the acceptance, circumstances orconduct of a person who has been referred by a Job Services AustraliaProvider, you must, as soon as possible after you become aware of theissue, notify the Job Services Australia Provider of the issue.8 OBLIGATIONS in delivering the cdep programGeneral8.1 You must:(a)ensure any person wanting to participate in the CDEP Programas a Continuing Participant meets the CDEP Eligibility Criteria forContinuing Participants before you enter a start date for them inCDEPManager;15 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)prior to accepting a referral in CDEPManager from a Job ServicesAustralia Provider you must ensure the person meets the CDEPEligibility Criteria for New Participants;ensure that each New Participant and Continuing Participantcontinues to meet the relevant CDEP Eligibility Criteria for as longas they are registered in CDEPManager;only provide CDEP Services and CDEP Projects to eligible NewParticipants and Continuing Participants;ensure that each person understands and signs the ParticipantAcknowledgement Form prior to commencement in the CDEPProgram;provide each New Participant and Continuing Participant a copyof their signed Participant Acknowledgement Form and retain asigned copy;give us access to, or copies of, any Participant AcknowledgementForm on request;deliver the CDEP Services and CDEP Projects in a manner thatfocuses on the needs and skills of individual New Participantsand Continuing Participants and their progression to Off-CDEPEmployment;ensure that each New Participant and Continuing Participant whois subject to registration and maintaining registration with a JobServices Australia Provider or have a Participant Plan understandsand complies with the requirements of the registration or plan;provide appropriate supervision for all New Participants andContinuing Participants when carrying out CDEP Services andCDEP Projects;ensure that each Continuing Participant is advised about the CDEPParticipant Supplement (CPS);ensure that Youth Participants aged 15 to 17 are provided withAccredited Training or such other training approved by us;assess and confirm parental status and legal guardian status inCDEPManager, if applicable;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 16

(n)(o)comply with the CDEP Service Guarantee, which forms part of thisAgreement. This is available from us; andmake available to New Participants and Continuing Participantsand to employers, promotional material made available by us onthe CDEP Service Guarantee.Participant Plans and Employment Pathway Plans8.2 You must:(a)(b)(c)(d)(e)determine if a New Participant that is referred to you by a JobServices Australia Provider has an Employment Pathway Plan;develop a Participant Plan within seven calendar days ofentering a start date in CDEPManager for each New Participantand Continuing Participant who does not have an EmploymentPathway Plan with a Job Services Australia Provider;record in CDEPManager that a Participant Plan has beencompleted for each New Participant and Continuing Participantthat requires one in accordance with Item 8.2(b) and retain a copy;provide each New Participant and Continuing Participant with acopy of their Participant Plan; andgive us access to, or copies of, any Participant Plans on request.8.3 Each Participant Plan must include the following information for the NewParticipant or Continuing Participant:(a)(b)(c)(d)(e)(f)(g)realistic work goals and aspirations;educational needs and achievements;work history;skills’ profile;training needs and achievements;details of the assistance and support you will provide to the NewParticipant or Continuing Participant through the CDEP Service orCDEP Project; andany other information required by us from time to time.17 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

CDEP Work Rules8.4 You must:(a) develop CDEP Work Rules in accordance with Item 8.5;(b) make a copy of the CDEP Work Rules available to all NewParticipants and Continuing Participants;(c)(d)ensure that your CDEP Work Rules are publicly displayed andeasily visible at your premises at all times; anduse your best endeavours to ensure New Participants andContinuing Participants understand the CDEP Work Rules.8.5 You must ensure the CDEP Work Rules deal with the following:(a)(b)(c)(d)(e)CDEP Services and CDEP Projects to be performed by NewParticipants and Continuing Participants;leave (taken and accrued) for Continuing Participants andany other absences (approved or unapproved) for each NewParticipant and Continuing Participant;occupational health and safety;any other matters that you think should be contained in the CDEPWork Rules, which we approve; andany other matters that we direct you to include in the CDEP WorkRules from time to time.New Participant and Continuing Participant direct recruitment and conditions8.5A You must:(a)(b)only retain New Participants after they have been directlyrecruited and they are not eligible for Income Support, if yourAverage Agreed Places have not exceeded 100 per cent utilisationand their participation is not displacing other potential NewParticipants or Continuing Participants who would be eligible toreceive either Income Support or CDEP Wage Funds; andonly commence directly recruited New Participants and ContinuingParticipants when they are commenced in a CDEP Service or CDEPProject in CDEPManagerCDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 18

New Participant and Continuing Participant engagement and conditions8.6 You must:(a)(b)(c)ensure that the terms and conditions of your engagement of,and relationship with, Continuing Participants complies with allrelevant legislation, awards and industrial instruments; andin addition to the requirements of this Agreement, meet allrequirements in any award or industrial instrument that applies toyour Continuing Participants within the funding limitations of thisAgreement or otherwise from your own resources; andobtain your own independent professional advice if you areunsure of your legal obligations to New Participants andContinuing Participants.8.7 You must manage the CDEP Services and CDEP Projects so that:(a)(b)(c)each New Participant and Continuing Participant is given areasonable opportunity to participate in CDEP Services and CDEPProjects that are appropriate to their circumstances, background,needs and skills;each New Participant and Continuing Participant undertakesCDEP Services and CDEP Projects that are in accordance with theirEmployment Pathway Plan or Participant Plan; andeach Continuing Participant has a reasonable opportunity to earnthe applicable APP rate during their participation in those CDEPServices and CDEP Projects.8.8 Item 8.7(c) is not intended to override the ‘no work no pay’ requirement.8.9 You acknowledge and agree that you are solely responsible for managingyour engagement of, and relationship with, Continuing Participantsincluding managing all entitlements, leave and notice requirements inaccordance with relevant legislation, awards and industrial instruments.Leave and absences for New Participants and Continuing Participants8.10 You must not:(a)permit a Continuing Participant to take paid leave or training leavein order to undertake full-time secondary or tertiary studies; or19 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(b)approve paid leave to a Continuing Participant who becomesineligible to remain in the CDEP Program during the proposedperiod of leave. The exception to this rule is any payable accruedleave being paid out when a Continuing Participant is exiting theCDEP Program prior to the cessation of the Activity Period.8.11 Where a Continuing Participant is absent from a CDEP Service, CDEPProject, or the CDEP Program for more than two consecutive weeks forreasons other than an Allowable Break, you:(a)(b)must exit that Continuing Participant from the CDEP Program,effective from the first calendar day after the two week period;andmay reallocate the Continuing Participant’s place in the relevantCDEP Services or CDEP Projects to another New Participant orContinuing Participant.8.12 Where a New Participant is absent from a CDEP Project, you mustreport the absence to the Job Services Australia Provider throughCDEPManager, within seven calendar days.8.13 Where a New Participant is absent from a CDEP Service you mustreport the absence to the Job Services Australia Provider, through CDEPManager, within one Business Day.Exiting New Participants and Continuing Participants8.14 You must exit New Participants and Continuing Participants by enteringinto CDEPManager:(a)(b)the last date that the New Participant or Continuing Participantparticipated in a CDEP Service or CDEP Project; andthe entitlement end date for a Continuing Participant, being thelast date of participation in the CDEP Program plus the amount ofaccrued leave;within two Business Days of the last participation date referred to in Item8.14(a).CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 20

8.15 Where a Continuing Participant:(a)(b)(c)ceases to meet the CDEP Eligibility Criteria; orceases to participate in their approved CDEP Services or CDEPProjects; ordoes not participate in their CDEP Services or CDEP Projects formore than two consecutive weeks, and is not taking an AllowableBreak;you must exit the Continuing Participant immediately from the CDEPProgram in accordance with Item 8.14.8.16 Where a New Participant:(a)(b)ceases to meet the CDEP Eligibility Criteria because you receivednotice from us under Item 6.6; orceases to participate in their approved CDEP Services or CDEPProjects;you must exit the New Participant immediately from the CDEP Program inaccordance with Item 8.14.8.17 Where you receive notification under Item 6.5 that a New Participantceases to meet the CDEP Eligibility Criteria for a certain period you mayexit the New Participant from the CDEP Program within 14 calendar daysby entering into CDEPManager the last date that the New Participantparticipated in a CDEP Service or CDEP Project.8.18 If you do not exit a New Participant from CDEPManager within 14 calendardays after receiving notification under Item 6.5, the New Participant willbe exited from the CDEP Program by us on the 15th calendar day.8.19 You will receive notification through CDEPManager 14 calendar days priorto the end of a New Participants EPP and we will exit the New Participantfrom CDEPManager upon cessation of the EPP.8.20 If an exited Continuing Participant wishes to recommence in the CDEPProgram, and the Allowable Break has not lapsed, you may reassess theireligibility against the CDEP Eligibility Criteria for Continuing Participantsand place them at the end of your waiting list if there are no availableplaces.21 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

No charges to New Participants or Continuing Participants8.21 You must not demand or receive any fee or any other form of paymentor consideration, directly or indirectly, from any New Participants orContinuing Participants or their representative in relation to any partof the CDEP Program that you are funded by us to provide under thisAgreement.Leaving one CDEP Provider and commencing at another8.22 New Participants and Continuing Participants may only be engaged byone CDEP Provider at any point in time.8.23 You must not transfer New Participants and Continuing Participants toanother CDEP Provider unless we direct you in writing to do so.8.24 If you wish to engage a Continuing Participant who is currently withanother CDEP Provider, you must not commence that person until theyhave been exited by the other provider and they have their eligibilityreassessed under Item 5.8.25 You cannot engage a New Participant or Continuing Participant who iscurrently with another CDEP Provider as a New or Continuing Participant,as the person elects, until that person has been exited by the otherprovider and you have reassessed that person’s eligibility under eitherItem 5 or 6.9 GENERAL FUNDING REQUIREMENTSRelease of Funding9.1 In addition to our rights under the Terms and Conditions, we may decidenot to release Funding to you if we are not satisfied that:(a)(b)(c)your anticipated cash flow requirements for the term of theAgreement are appropriate;your utilisation of AAP during the Activity Period is appropriate;andyou are able to properly manage the Funding, based on any otherinformation that we consider relevant.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 22

9.2 If we release Funding to you under this Agreement, we will do so inaccordance with the Budget, and at the times and in the amountsconsidered appropriate by us.9.3 We are not liable for the provision of any additional money to you inexcess of the Funding set out in the Budget and, in relation to CDEPWage Funds, your CDEP Wage Funds Entitlement which is calculated inaccordance with Items 13.1 and 13.2.9.4 In addition to your obligations under the Terms and Conditions andelsewhere in this CDEP Schedule, you must not use any part of theFunding to:(a)(b)relieve the cash flow problems in other activities or workconducted by you or of any of your directors, employees,members, volunteers or related entities;pay sitting fees or similar allowances, or any corporate payoutto your board members or any person who is involved in yourgoverning body.Bank accounts9.5 We will not pay the Funding into more than two bank accounts.9.6 The accounts referred to in Item C of the CDEP Schedule must be usedsolely for the purpose of the receipt and expenditure of Commonwealthfunding provided to you.Funding categories9.7 You acknowledge that the Funding provided to you under this Agreementis divided into six categories, as set out in the Budget:(a)(b)(c)(d)(e)(f)Service Fees;Work Readiness Funds;Community Development Project Funds;Development and Support Funds;CDEP Wage Funds; andOutcome Payments.23 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

9.8 You must not transfer Funding between the Funding categories at Items9.7 (a) to (f) without our prior written approval, which may be providedor withheld in our absolute discretion and subject to any conditions wethink fit.Limitation on Funding for Outcome Payments9.9 The payment of any Outcome Payment is at our discretion and subject tothere being an appropriation and sufficient funds available.10 Service fees10.1 You may only use the Service Fees for purposes relating to the day-todayoperation and management of your organisation.10.2 We may, in our absolute discretion, adjust the amount approved forService Fees in accordance with changes to the AAP, as determined andvaried by us in our absolute discretion.11 WORK READINESS FUNDS AND COMMUNITY DEVELOPMENT PROJECTFUNDS11.1 You may only use the Work Readiness Funds and CommunityDevelopment Project Funds for purposes relating to the delivery of theCDEP Services and CDEP Projects respectively by you.11.2 We may, in our absolute discretion, adjust the amount approved forWork Readiness Funds and Community Development Project Funds inaccordance with changes to:(a)(b)(c)the AAP, as determined and varied by us in our absolutediscretion;your actual utilisation of New Participants and ContinuingParticipant places; and/orany financial model determined by us.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 24

12 development and support funds12.1 You acknowledge that you may receive Funding to develop a CommunityParticipation Profile at the start of this Agreement.12.2 You will only receive Funding to develop a Community Action Plan whenyou have provided a copy of your Community Participation Profile, to oursatisfaction.12.3 You will only receive Funding to implement Development and SupportInitiatives when you have provided a copy of your Community ActionPlan, to our satisfaction.12.4 You may only use Development and Support Funds to:(a)(b)(c)develop the Community Participation Profile and CommunityAction Plan;deliver Development and Support Initiatives; andimplement community and organisational development andsupport as approved by us.13 CDEP WAGE FUNDSCDEP Wage Funds Entitlement13.1 You acknowledge and agree that:(a)(b)(c)(d)you are only entitled to receive CDEP Wage Funds for theactual number of Continuing Participants who are registered inCDEPManager during the Activity Period;the amount of your CDEP Wage Funds Entitlement will bedisplayed in the “Entitlement Report” in CDEPManager;if, for whatever reason, you receive an amount of CDEP WageFunds that exceeds the value of your CDEP Wage FundsEntitlement, we may recover that excess amount as a debt due tothe Commonwealth under this Agreement; andif, at any time, there is a shortfall between the amount of yourCDEP Wage Funds Entitlement and any liabilities you owe to25 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

Continuing Participants, including when a Continuing Participantexits the CDEP Program, you must meet the full cost of thatshortfall.Calculation of CDEP Wage Funds Entitlement13.2 We will calculate your CDEP Wage Funds Entitlement:(a)(b)(c)on a daily basis;for each Continuing Participant that is registered in CDEPManager;andby dividing the applicable weekly APP rate for each ContinuingParticipant by seven (to give a daily amount per ContinuingParticipant).Average Per Participant (APP) rates13.3 The APP rates are as follows:(i) Youth Participants – $197.80 per week; and(ii) Continuing Participants who are not Youth Participants –$257.50 per week.13.4 We will, on an annual basis, by giving you at least 20 calendar daysnotice in writing, advise you of an increase in the APP rates to commenceon 1 July each year.13.5 The increase in the APP rate for Continuing Participants only takesaccount of increases in the Consumer Price Index, as calculated inaccordance with the following formula:13.6 NR = OR + (CPI x OR)NR = the increased APP rate;OR = the APP rate immediately prior to the increase; andCPI = the Consumer Price Index at the date of the notice from us to youadvising of the increase in the APP.13.7 The increase in the APP rate for Youth Participants is calculated basedonly on the amount a person receives when paid the maximum paymentby Centrelink who is receiving:CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 26

(a)(b)(c)Youth Allowance for an individual aged 18 years or over, single, nodependants and not living at home; andPharmaceutical Allowance; andRemote Area Allowance.Adjustments to Your CDEP Wage Funds13.8 We may, in our absolute discretion, adjust the amount approved for CDEPWage Funds in accordance with changes to:(a)(b)(c)the AAP, as determined and varied by us in our absolutediscretion;your actual utilisation of Continuing Participant places; and/orany financial model determined by us.Expenditure of CDEP Wage Funds13.9 A Continuing Participant who is registered on CDEPManager is entitledto receive Participant Payments for the purposes of section 1188B of theSocial Security Act 1991 despite not being paid in accordance with Item13.14.13.10 Subject to Item 13.21(a), you must only use the CDEP Wage Funds forthe purpose of directly paying Participant Payments to ContinuingParticipants registered in CDEPManager.13.11 You must pay Participant Payments to Continuing Participants who:(a)(b)have participated in either or both a CDEP Service or CDEP Project;orare on approved paid leave.13.12 All Participant Payments must be made in compliance with all relevantlaws, awards and industrial instruments.13.13 Subject to Item 8.7, if a Continuing Participant elects to work lesshours in a CDEP Service or CDEP Project than is necessary to earn theapplicable APP rate, you must only pay that Continuing Participant forthe hours actually worked by them in the CDEP Service or CDEP Project.27 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

13.14 You must not pay Participant Payments to a Continuing Participant who:(a)(b)is absent from or does not participate in a CDEP Service or CDEPProject (for reasons other than approved paid leave); oris on approved unpaid leave.13.15 The total Participant Payments paid to a Continuing Participant underthis Agreement (including any Top-Up payments) must not exceed theincome thresholds set out in Item 5.5.13.16 You must manage the CDEP Wage Funds so that adequate provisionis made for the payment of all wages and leave entitlements that areaccrued by Continuing Participants during their participation in a CDEPService or CDEP Project, including where a Continuing Participant exitsthe CDEP Program.13.17 To avoid doubt, you must not use the CDEP Wage Funds to pay anyperson who is working in your administration, management or a in aCDEP supervisory position, unless otherwise agreed by us in writing.13.18 If you use any part of the CDEP Wage Funds to pay Participant Paymentsto a person who is not registered in CDEPManager, or you were requiredto exit from CDEPManager in accordance with Item 8.14, we may recoverthe full amount of the CDEP Wage Funds provided by you to that personfrom the date that the person became ineligible as a debt due to us byyou without further proof of the debt by us being necessary.Top-up payments13.19 You must not provide Top-Up payments to Youth Participants unless noWork Experience placements are available.13.20 You may only provide Top-Up payments to Continuing Participants:(a)(b)(c)for hours worked by the Continuing Participant in a CDEP Serviceor CDEP Project;where those hours exceed the number of hours necessary for theContinuing Participant to earn the applicable APP rate; andwhere the total amount of CDEP Wage Funds received by theContinuing Participant under this Agreement does not exceed theincome thresholds set out in Item 5.5.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 28

Unexpended CDEP Wage Funds Entitlement13.21 If, for whatever reason, you do not spend the full amount of your CDEPWage Funds Entitlement during the Activity Period, you may only retainand use that unexpended amount as follows:(a)(b)if any portion of the unexpended amount arises due to adifference between the applicable APP rate and the amount thatyou have paid to a Youth Participant, that portion must be used toprovide training for Youth Participants;the remainder of the unexpended amount must only be used:(i) to pay outstanding leave entitlements for ContinuingParticipants;(ii) to make Top-Up payments in accordance with Items 13.19and 13.20; and(iii)for other CDEP Wage Funds items that relate directly to theCDEP Program;unless otherwise approved by us in writing.13.22 Where you retain an amount of unexpended CDEP Wage Funds underItem 13.21, you must acquit and report on that amount in accordancewith clause 10 of the Terms and Conditions and Item 15.13.23 If we are satisfied that you are unable to use some or all of theunexpended CDEP Wage Funds Entitlement in accordance with Item13.21, we may give you written notice to that effect and recoversome or all of the unexpended amount from you as a debt due to theCommonwealth.14 Outcome Payments14.1 You acknowledge that the following Outcome Payments may be providedto you under this Agreement and are divided into three categoriesincluding the stages listed below:(a)Employment Outcome Payments:(A) If an employment placement meets the hours required in Item 14.4and is reasonably expected to be ongoing (‘Ongoing Full-timeEmployment Outcome Payments’):29 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

i. Stage one - $550 when employment of a New Participant orContinuing Participant commences;ii.iii.iv.Stage two - $2000 when a New Participant or ContinuingParticipant has remained for 13 weeks in continuedemployment;Stage three - $2500 when a New Participant or ContinuingParticipant has remained for 26 weeks in continuedemployment;Stage four - $500 when a New Participant or ContinuingParticipant has remained for 52 weeks in continuedemployment.(B)(b)(A)If an employment placement is not, or is not reasonably expectedto be, ongoing and meet the hours required in Item 14.4:i. Stage one - $275 when employment of a New Participant orContinuing Participant commences with an employer, on orafter 1 July 2011, and it is reasonably expected that the Newor Continuing Participant will obtain at least 260 hours ofemployment in total, with one or more employers, over the26 weeks following commencement;ii.iii.iv.Stage two - $1000 when a New Participant or ContinuingParticipant has been employed with one or more employersfor a total of at least 260 hours during the previous 26weeks;Stage three - $1250 when a New Participant or ContinuingParticipant has been employed with one or more employersfor a total of at least 520 hours over the previous 52 weeks;Stage four - $250 when a New Participant or ContinuingParticipant has been employed with one or more employersfor a total of at least 1040 hours over the previous 104weeks.Training Outcome Payments:For Accredited Training:i. Stage one - $500 when a New Participant or ContinuingParticipant commences an Accredited Training that meetsthe requirement in Item 14.6;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 30

ii.Stage two - $1500 when a New Participant or ContinuingParticipant successfully completes an Accredited Trainingthat meets the requirement in Item 14.6.(B) For Non-Accredited Training commenced on or after 1 July 2011which meets the requirement in Item 14.6:i. Stage one - $250 when a New Participant or ContinuingParticipant commences a Non-Accredited Training coursethat meets the requirement in Item 14.6;ii.Stage two - $750 when a New Participant or ContinuingParticipant successfully completes a Non-AccreditedTraining course that meets the requirement in Item 14.6.(C) For Non-Accredited Training commenced on or after 1 July 2011which does not meet the requirement in Item 14.6:i. Stage one - $250 when a New Participant or ContinuingParticipant successfully completes a Non-AccreditedTraining course, providing that an Outcome Payment underItem 14.1(b)(B)ii. has or will not be payable in respect ofthat Non-Accredited Training course.(c)Work Experience Outcome Payments:i. Stage one - $500 when a New Participant or ContinuingParticipant Work Experience placement commences;ii.Stage two - $1100 when a New Participant or ContinuingParticipant has completed the Work Experience placement.14.2 You must claim all categories of Outcome Payments throughCDEPManager as follows:(a) for an Outcome Payment payable pursuant to Item 14.1(a)(B) –within 14 calendar days of the attainment of the required hours;(b)for other Outcome Payments – within 14 calendar days of thecompletion of each stage.14.3 You are not required to acquit Outcome Payments. For the avoidanceof doubt, all Outcome Payments, if approved by us, will be made as theamount specified at Item 14.1 per placement.31 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

14.4 Ongoing Full-Time Employment Outcome Payments will only be approvedwhen the employment placement is for 20 hours or more per week.14.4A Only hours worked by a New Participant or Continuing Participant onor after 1 July 2011 may be counted towards a stage two, three or fourEmployment Outcome Payment under Item 14.1(a)(B) for that person.14.4B You may not claim more than one Employment Outcome Payment foreach stage for a New or Continuing Participant. To avoid doubt, if anEmployment Outcome Payment is claimed for a particular stage at Item14.1(a)(A), an Employment Outcome Payment may not be claimed at thecorresponding stage at Item 14.1(a)(B).14.4C You can only claim an Employment Outcome Payment if all of theemployment in respect of which the claim is made is with employers whohave an Australian Business Number.14.5 Training and Work Experience Outcome Payments are only availablefor New Participants or Continuing Participants in the Work ReadinessStream.14.6 For you to be eligible for Training Outcome Payments under Items 14.1(b)(A) or 14.1(b)(B), the training is limited to a New Participant or ContinuingParticipant undertaking training for a minimum of 7.5 hours a week formore than 13 weeks or, if less than 13 weeks, a minimum of 100 nominalcourse hours.14.7 Accredited Training Outcome Payments will apply to AccreditedTraining that would otherwise meet the criteria in Item 14.6 but trainingparticipation requirements have been reduced due to Recognitionof Prior Learning (RPL). We may require evidence of and approve theRPL assessment process you apply to a New Participant or ContinuingParticipant at our absolute discretion prior to us approving an AccreditedTraining Outcome Payment.14.7A We may require you to produce evidence of the completion of theAccredited Training or Non-Accredited Training before we approvepayment under Items 14.1(b)(A)ii., 14.1(b)(B)ii. or 14.1(b)(C)i..14.8 Work Experience Outcome Payments will only be approved by usif the placement is for more than 7.5 hours per week. The stage 2CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 32

Work Experience Outcome Payment will only be approved by us if theplacement has been undertaken for a minimum of 13 weeks.14.9 You will only be eligible to claim one Work Experience PlacementPayment and one Outcome Payment per New Participant or ContinuingParticipant with the same Work Experience Employer.14.10 For Outcome Payments under Items 14.1(b)(A)ii., 14.1(b)(B)ii. or 14.1(b)(C)i., an additional 30% will be paid to you in respect of the payment ifthe training contained some Language, Literacy and Numeracy Training.15 acquittal requirements and reportingAcquittal Requirements15.1 The Funding must be acquitted on an annual basis, as set out in thisItem and Item F of the CDEP Schedule, you must acquit the Funding asseparate items, namely:(a)(b)(c)(d)Work Readiness Funds;Community Development Project Funds;Development and Support Funds; andCDEP Wage Funds.15.2 Where you retain an amount of unspent Funding during the term ofthe Agreement, you must identify and report on that amount until it isacquitted in accordance with clause 10 of the Terms and Conditions andItem 15.Other Reporting Requirements15.3 You must provide the ‘Performance Reports’ listed at Item F of theCDEP Schedule, in accordance with the template on CDEPManager. Theinformation you complete in the template must cover targets, outcomesand comments with reference to the Activity Performance Indicators.15.4 You must provide each of the following reports, which are listed at Item Fof the CDEP Schedule, in accordance with the template and instructionsprovided by us:33 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(a)(b)(c)Community Participation Profile;Community Action Plan; andPeriodic Community Action Report.15.5 You must provide updates of the Community Participation Profile and theCommunity Action Plan at the end of each financial year, in accordancewith the template provided by us and any instructions provided by us.15.6 In addition to the financial acquittal reports required under this Item 15and Item F of the CDEP Schedule, you must provide periodic financialreports as directed by us.15.7 You must provide any other additional reports as directed by us.16 WORK EXPERIENCE16.1 You may place New Participants and Continuing Participants in a WorkExperience placement only in accordance with this Item 16.16.2 A Work Experience Employer is not a subcontractor, employee or agentfor the purposes of clause 28 of the Terms and Conditions.16.3 You may only place New Participants and Continuing Participants with aWork Experience Employer who:(a)(b)has an Australian Business Number;has not previously employed the New Participant or ContinuingParticipant, unless otherwise approved by us in writing.16.4 You may only place New Participants and Continuing Participants with aWork Experience Employer where the work to be performed by the NewParticipant or Continuing Participant:(a)(b)forms part of a CDEP Service under this CDEP Schedule, orotherwise approved by us in writing;does not include duties or services the provision of which arecurrently funded by a State Government; a Territory Government;a Local Government or another Commonwealth department oragency, unless otherwise approved by us in writing; andCDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 34

(c)does not have the effect of displacing or replacing ongoingemployees or reducing the amount of work available to ongoingemployees.16.5 We may revoke an approval under Item 16.4 or direct you removeNew Participants and Continuing Participants from a Work Experienceplacement where we are not satisfied that the Work Experienceplacement is consistent with or meets the objectives of the CDEPProgram. We will do this by giving you reasonable notice in writing. Youmust then ensure that the New Participant and Continuing Participantis treated in accordance with all relevant laws, industrial awards andinstruments.16.6 The duration of a Work Experience placement with a Work ExperienceEmployer for New Participants and Continuing Participants must be for a:(a)(b)(c)(d)(e)period not less than thirteen weeks;period not more than twelve months;period not expiring later than the end of the Activity Period orthe New Participant’s or Continuing Participant’s EmploymentPathway Plan end date;minimum 7.5 hours of each week; andmaximum 37.5 hours of each week.16.7 Before placing New Participants and Continuing Participants with a WorkExperience Employer, You must execute a Work Experience Agreementwith the Work Experience Employer.16.8 Each Work Experience Agreement must, as a minimum, contain termsthat deal with the following:(a)(b)(c)which party has employer obligations (including leaveentitlements, superannuation and workers compensationliability);the terms of engagement with the Work Experience Employer;all costs such as workers compensation insurance and taxation,35 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(d)(e)(f)(g)(h)(i)(j)(k)in addition to those applying to you under the Work Experienceplacement are to be met by the Work Experience Employer;expiration or cancellation of the Work Experience placement.Work Experience Agreements must be made “subject to continuedfunding by the Commonwealth for the CDEP Program” or expire onthe date that the Activity Period expires under this Agreement;the duration of the Work Experience placement;the planned employment outcome or, where ongoing employmentis not possible or likely at the completion of the placement,detail about the expected benefit to you and the New Participantor Continuing Participant as a result of the Work Experienceplacement;that you will use CDEP Wage Funding, to pay directly to ContinuingParticipants, wages for the number of hours required to earn theAPP rate;that the Work Experience Employer, is responsible for payingwages to Continuing Participants for hours worked above what isrequired to earn the APP rate;that the Work Experience Employer is responsible for payingwages to New Participants for all hours worked;that the Work Experience Employer may apply to the Departmentof Education, Employment, and Workplace Relations for subsidiesunder the Indigenous Employment Program to cover wages paidto New Participants; andany other terms that we direct you to include in the WorkExperience Agreement.16.9 You must record in CDEPManager that a Work Experience Agreement hasbeen completed, and forward a copy of the executed Work ExperienceAgreement to us on request.17 Working with Job Services Australia providers17.1 You must work with Job Services Australia Providers to provide NewParticipants and Continuing Participants with integrated support andservices.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 36

17.2 You must enter into a Service Level Agreement with the Job ServicesAustralia Provider/s who operate in your Location.17.3 You must have Service Level Agreements finalised by 31 July 2009, whichmust be made available to us on request.17.4 A Service Level Agreement must include how you and the Job ServicesAustralia Provider will:(a)(b)(c)work with local employment service providers, trainingorganisations, employers and other persons and organisations asdirected by us;develop plans to help New Participants and ContinuingParticipants find employment and/or take up trainingopportunities;assist New Participants and Continuing Participants , includingthrough:i. referrals; andii.joint case management.18 aGREEMENT MATERIALCDEP Material18.1 You must create and maintain up-to-date CDEP Material throughout theterm of this Agreement, including for each of your New Participants andContinuing Participants.18.2 You must maintain a record for each New Participant and ContinuingParticipant that documents the time spent in a CDEP Service or CDEPProject. This must also include a breakdown between time spent in theWork Readiness Stream and Community Development Stream.37 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

CDEP Material Rules18.3 Subject to this Item 18, you must give us and Centrelink reasonableaccess to all CDEP Material on request.18.4 You must not collect or retain information about persons who are notNew Participants or Continuing Participants, or information that isirrelevant to the provision of the CDEP Program, in delivering the Activityunless you are otherwise authorised to do so.18.5 You must:(a)(b)(c)(d)(e)ensure that your use of CDEP Material is only for purposes directlyrelated to the provision of the CDEP Program;store CDEP Material in a segregated area which is accessibleto you and your staff only and which is equipped with lockablecabinets or secure information systems to be used solely forstorage of the CDEP Material;ensure that copying of, use of, and access to CDEP Material isrestricted to staff directly assisting you with the provision of theActivity;ensure that copying of, use of, and access to CDEP Material islimited to purposes directly related to delivering the Activity; andensure that all Material and information which you collect orcreate as part of the CDEP Material are used only for the purposefor which they were collected or created.18.6 You must retain all CDEP Materials in a retrievable condition for at leastseven years after expiry or earlier termination of this Agreement, unlessotherwise agreed by us.18.7 You must not:(a)(b)destroy or otherwise dispose of a CDEP Material in accordancewith this Item 18, except in a manner consistent with therequirements of the Privacy Act 1988 and the Archives Act 1983;damage CDEP Material; orCDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 38

(c)transfer, or be a party to an arrangement for the transfer ofcustody, of CDEP Material to any person, entity or organisation(including another CDEP Provider), other than us, without ourprior written direction or approval (which may be provided orwithheld subject to any conditions in our absolute discretion).18.8 Despite National Privacy Principle 7, you may collect and use NewParticipants’ and Continuing Participants’ job seeker identification onlyfor the purposes of providing CDEP Services and CDEP Projects to theNew Participant and Continuing Participant.18.9 Despite National Privacy Principle 10, you may collect and use SensitiveInformation about New Participants and Continuing Participants only forthe purposes of providing CDEP Services and CDEP Projects to the NewParticipant or Continuing Participant.18.10 You must:(a)(b)ensure that CDEP Materials are available for inspection and auditat our request; andprovide CDEP Materials when requested by us.18.11 Where you or we consider that the CDEP Materials are such that theymay be used in a potential action against the Commonwealth and/or youor as evidence, or otherwise requested by us you must:(a)(b)retain those records for a further period specified by us; ortransfer those records to us in accordance with our instructions.18.12 Where we agree under Item 18.6 that CDEP Material will be destroyed,you will destroy the records without unreasonable delay. You will provideus, on request, with a list, in accordance with instructions issued by usfrom time to time, of CDEP Material you have destroyed.Notification about breaches and Complaints18.13 You must immediately notify us:(a)(b)when an unauthorised disclosure of a CDEP Material has occurred;andafter receiving a report about a breach or alleged breach of theprovisions of this Item 18.39 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

Information to be provided to New Participants and Continuing Participants18.14 Before collecting Personal Information about New Participants andContinuing Participants, you must advise the New Participant orContinuing Participant in writing:(a)(b)(c)(d)the purpose for the collection and use of the information;of your usual disclosure practices including disclosure of theinformation to us for monitoring and evaluation purposes;that the Personal Information may be destroyed seven yearsafter either the last claim in respect of, or cessation of CDEPServices and CDEP Projects to the New Participant or ContinuingParticipant in accordance with this Item 18; andthat information collected may be provided to another CDEPProvider if the New Participant or Continuing Participant transfersto that provider.19 INDEMNITIES19.1 In addition to the indemnities you provide to us under clause 20 of theTerms and Conditions, you agree to indemnify (and keep indemnified)us against any Loss or expense incurred by us in dealing with any claimmade against us by New Participants and Continuing Participants inconnection with the CDEP Program or this Agreement.20 DEALING WITH COMPLAINTS20.1 You must establish and publicise the existence of a Complaints processwhich you must use to deal with any Complaints by New Participants andContinuing Participants and employers.20.2 If New Participants and Continuing Participants or employers aredissatisfied with the results of your Complaints process you must referthe New Participant or Continuing Participant or employer to the closestIndigenous Coordination Centre or Regional Operation Centre for furtherinvestigation of the Complaint and you must assist us in the investigationof the Complaint.20.3 You must, on our request, give to us full details of your ComplaintsRegister established under this Item 20.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 40

Complaints Register20.4 You must create and maintain a Complaints Register throughout the termof the Agreement.20.5 You must ensure that the Complaints Register includes, but is not limitedto, the following Materials and information:(a)(b)(c)(d)details of all Complaints received directly by you;details of all Complaints referred to you by, or through, us;each record in the Complaints Register must include:(i) details of the parties to the Complaint, including the nameof the complainant (if provided) and if relevant, the name ofthe person being complained about;(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)the name of your staff member(s) handling the Complaint;the date upon which the Complaint was made;the nature of the Complaint;whether the Complaint was referred to you by us;details of key contacts with the complainant and the actiontaken, including dates;outcome of any action taken (including any investigation);date of finalisation, or resolution of the complaint;any follow-up action required; andany changes to a CDEP Service or CDEP Project, orprocedure, or other action to be taken, resulting from theComplaint;copies of all correspondence and other Materials received orcreated by you in connection with any of the above.20.6 You must:(a)(b)hold your Complaints Register at your premises;on our request, give us reasonable access to the ComplaintsRegister and other relevant material; and41 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(c)retain the Complaints Register and supporting material for sevenyears after the expiration or earlier termination of the Agreement.20.7 To avoid doubt, the Complaints Register is Agreement Material for thepurpose of the Agreement.21 STANDARD ACCESS PRACTICE IN RELATION TO personalINFORMATIONDocuments relating to the New Participant and Continuing Participant21.1 Upon reasonable request, you must give each New Participant andContinuing Participant and us access to all Materials that relate to theNew Participant or Continuing Participant including:(a)(b)documents signed by the New Participant or ContinuingParticipant including, but not limited to:(i) application forms;(ii) Participant Acknowledgement Form;(iii) income statements;(iv) letters or other statements signed by the New Participantor Continuing Participant;(v)(vi)Participant Plan; andrecords of attendance.any documents provided by the New Participant or ContinuingParticipant to you including, but not limited to:(i) proof of identity or income;(ii) separation certificates;(iii) medical certificates and reports.(iv) Employment Pathway Plan; and(v) previous records of referrals.21.2 You must ensure that any information about a person other than the NewParticipant or Continuing Participant is masked from a document beforeit is provided to New Participants and Continuing Participants under thisItem 21.CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 42

CDEP Material21.3 You must use your best endeavours to ensure that CDEP Material heldabout a person is available to that person if the person requests to haveaccess to them unless legislation requires or authorises the refusal ofaccess.Proof of Identity and Noting of Material21.4 Before you give a person access to Material under this Item 21, youmust make reasonable enquiries to confirm the person’s identity andentitlement to access the Material.21.5 You must also:(a)(b)retain copies of identification provided to you; andnote to whom it was provided, the reasons for the access andperson’s file with details of the Materials to which access wasprovided and the date and time of access.22 INFORMATION TECHNOLOGY22.1 You must operate the Activity using the information systems provided byus for that purpose, including CDEPManager.22.2 You must ensure that your own information systems are adequate andappropriate to access and use our information systems and to carry outyour other obligations under this Agreement.22.3 You must ensure that each New Participants’ or Continuing Participants’details are accurately and completely recorded on our informationsystems and that all data entered on our information system is accurate,complete and up-to-date.22.4 Your information technology systems and personal computers thataccess and use our information technology systems must be secure andhave security controls in the operating system that:(a)protect the data on our information systems from anyunauthorised use by staff, subcontractors and clients of yourorganisation; and43 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

(b)protect the data of your organisation on our information systemsfrom any unauthorised use by the staff, subcontractors and clientsof your organisation.22.5 You must take reasonable steps to:(a)(b)(c)(d)(e)(f)keep your staff and subcontractor identity records current;protect all Materials and information created or held by you inconnection with this Agreement;ensure that security measures such as firewall security and virusprotection software are installed and maintained to safeguardequipment and data integrity;prevent the sharing of user identification and passwords amongyour staff and subcontractors by putting in place appropriatepolicies and procedures;terminate staff and subcontractor access to our informationsystems immediately on staff separation or termination orexpiration of the subcontracting arrangement; andprevent unauthorised access by staff and subcontractors to ourinformation systems.22.6 You must comply with:(a)(b)(c)(d)(e)our security and information technology policies as notified to youfrom time to time;ensure that each of your staff or subcontractors with access toour information systems sign appropriate security undertakings inrelation to those systems;ensure your staff and subcontractors are issued with and usetheir own personal identification and password to access ourinformation systems and sign appropriate security undertakingsin relation to those systems;nominate security administrators to manage access for your staffand subcontractors;ensure that your security administrators:(i) obtain user identification information;CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 44

(f)(ii) manage your staff and subcontractors access to ourinformation systems; and(iii) manage the passwords, access roles and staff andsubcontractors profiles including a unique, current, validelectronic mail address for each member of your staff andsubcontractors;ensure where your security administrators do the tasks in Items22.6 (e)(i) to 22.6 (e)(iii) above, that the security administratorsprovide authorisation in the form of their user identification.22.7 For the term of this Agreement, you must provide:(a)(b)(c)(d)(e)(f)high bandwidth connectivity to our information systems whichis capable of providing appropriate response times, subject toavailability in your area;an internet email account and address through which we cancommunicate with you;firewall security and virus protection software that is maintainedto safeguard your equipment and data integrity;Microsoft Windows XP Professional Edition operating system orlater version as required by us on all of your personal computerswhich access our information systems, or other operating systemapproved by us;Internet Explorer version 6 or later Web browser on all of yourpersonal computers which access our information systems, orother Web browser approved by us; andaccess to a printer on all of the your personal computers whichaccess our information systems, capable of printing from oursystems.22.8 You must:(a)(b)(c)allow our staff visiting your premises to have reasonable accessto your information systems and Material for the purposes of thisAgreement, including to access our information systems throughyour systems;give our employees reasonable assistance for that purpose; andcomplete our information technology surveys as requested by usfrom time to time.45 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

22.9 You are responsible for all costs of meeting your obligations under thisItem 22, including:(a)(b)(c)(d)the purchase, installation, maintenance and upgrades of anyhardware, software or other equipment;telecommunications and internet service provider charges(including cost of calls to the CDEPManager help desk);the costs associated with any alternative network solutionproposed by you; andcosts of training programs and packages required to use ourinformation systems.22.10 We reserve the right to introduce other security arrangements to accessour information systems during the term of this Agreement. If weintroduce other forms of security arrangements during the term of thisAgreement, we will provide you with at least 28 calendar days notice.22.11 In Item 22.8, a reference to ‘our employees’, includes:(a)(b)any person authorised by us; andany person authorised by law.23 IMplementation of CDEP reforms23.1 You must provide sufficient assistance and cooperation to ensure anorderly and efficient implementation of reforms to the CDEP Program,including the movement of Continuing Participants off ParticipantPayments and onto income support, as required.23.2 The assistance and co-operation required under Item 23.1 must include,as a minimum:(a)(b)the transfer of all unexpended CDEP Wage Funds to us; andany other assistance notified by us to you from time to time.24 CHANGE MANAGEMENT24.1 You must provide sufficient assistance and cooperation to ensure anorderly and efficient change management of any aspect of the CDEPProgram (including the CDEP Services and CDEP Projects and NewParticipants and Continuing Participants) to our nominee, as directed byus:CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement 46

(a) at the end of the Activity Period, if:(i) we cease providing funding to you for the CDEP Program; or(ii) we continue to provide funding to you for the CDEPProgram but your subsequent funding agreement isreduced in scope compared with this Agreement, includingin relation to the Services or Projects, your AAP or thelocations that you will provide CDEP activities;(b) upon expiry or earlier termination of the term of this Agreement.24.2 The assistance and cooperation required under Item 24.1 must include,as a minimum:(a)(b)(c)the transfer of all unexpended Funding and CDEP Material to us;the redirection of New Participants and Continuing Participants toour nominee; andany other assistance notified by us to you from time to time.24.3 You agree to provide full assistance to us to enable the CDEP Servicesand CDEP Projects to be provided by an alternative CDEP Providernominated by us for a period of three months prior to the end of theActivity Period and for a further period of six months after the end of theActivity Period.25 Certain Items continue after this Agreement ends25.1 The termination or expiry of this Agreement, for any reason, does notaffect the continued operation of the following Items for as long as thecontext of the Item requires:(a)(b)(c)(d)(e)(f)(g)(h)(i)Items 2.5(c) and 2.5(d);Item 8 (Obligations in Delivering the CDEP Program);Item 9 (General Funding Requirements);Item 11 (Work Readiness Funds and Community DevelopmentProject Funds);Item 12 (Development and Support Funds);Item 13 (CDEP Wage Funds);Item 18 (Agreement Material);Item 21 (Standard Access Practice in Relation to New Participantand Continuing Participant Information); orItem 24 (Change Management).47 CDEP Supplementary Conditions, Annexure A of the 2009-12 Standard Funding Agreement

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