ATTACHMENT 1 - Juvenile Justice NSW 2... · Web viewProgram delivery must be flexible in terms of...

JUVENILE JUSTICESTANDARD FUNDING AGREEMENT

NAME OF PROJECT [Enter details]

FUNDER’S DETAILS(“Juvenile Justice”)

Name Crown in right of the State of New South Wales represented by the Department of Police and Justice NSW, Juvenile Justice

A.B.N 20 507 351 515

Address Level 24, 477 Pitt Street

SYDNEY NSW 2000

RECIPIENT ORGANISATION’S DETAILS(“you, your”)

Name

[Enter details]

A.B.N [Enter details]

Address [Enter details]

http://www.abr.business.gov.au/SearchByAbn.aspx?abn=20507351515

Table of Contents1. DEFINITIONS AND INTERPRETATION.............................................................................3

2. HOW LONG THE FUNDING LASTS FOR...........................................................................5

3. PROVISION OF FUNDING..................................................................................................5

4. CLAIMING A PAYMENT......................................................................................................6

5. GOODS AND SERVICES TAX (GST).................................................................................6

6. HOW YOU MUST DEAL WITH THE FUNDING..................................................................7

7. CONDUCT OF THE PROJECT...........................................................................................8

8. COMPLIANCE WITH LAW...................................................................................................8

9. PERSONNEL.......................................................................................................................9

10. RECORDS AND INSPECTION............................................................................................9

11. REPORTS..........................................................................................................................10

12. PERFORMANCE MONITORING AND EVALUATION......................................................10

13. CHILD PROTECTION........................................................................................................10

14. PUBLICITY.........................................................................................................................12

15. INTELLECTUAL PROPERTY AND PROJECT MATERIALS............................................12

16. INDEMNITY........................................................................................................................12

17. INSURANCE......................................................................................................................12

18. CONFIDENTIALITY...........................................................................................................13

19. PRIVACY AND DISCLOSURE OF PERSONAL INFORMATION......................................13

20. CHANGES..........................................................................................................................14

21. ENDING THIS AGREEMENT............................................................................................14

22. OBLIGATIONS WHEN THIS AGREEMENT ENDS...........................................................14

23. DISPUTE RESOLUTION...................................................................................................15

24. NOTICES...........................................................................................................................15

25. GENERAL..........................................................................................................................16

ATTACHMENT 1: AGREEMENT DETAILS.............................................................................18

ATTACHMENT 1A: JOINT SUPPORT PROGRAM SERVICE SPECIFICATIONS....................21

ATTACHMENT 2: PROJECT PLAN............................................................................................28

ATTACHMENT 3: BUDGET........................................................................................................30

ATTACHMENT 4A: RECORDS AND REPORTS........................................................................32

ATTACHMENT 4B: ANNUAL ACTIVITIES AND PERFORMANCE MEASURES REPORT......33

ATTACHMENT 4C: INCOME & EXPENDITURE STATEMENT.................................................39

ATTACHMENT 4D: EQUAL REMUNERATION ORDER STATEMENT.....................................42

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Background The Department of Police and Justice NSW, Juvenile Justice (“Juvenile Justice”), wishes to fund organisations under the Joint Support Program to deliver a range of community-based initiatives to help young people to successfully reintegrate into the community during and following contact with Juvenile Justice.

The program is linked to a broad crime prevention approach to juvenile justice issues where detention is the last resort and diversion from the criminal justice system and community reintegration are central to breaking the juvenile crime cycle.

Juvenile Justice agrees to provide you, and you agree to accept, the funding for the project in accordance with the terms of this Agreement and the attachments which form an annexure to this Agreement.

Operative Provisions

1. DEFINITIONS AND INTERPRETATION 1.1 DEFINITIONS

In this Agreement, unless the context otherwise require:

“Agreement” means this Funding Agreement including the Attachments;

“Attachment” means an attachment to this Agreement;

“Budget” means the budget contained in Attachment 3;

“Business Day” means a day which is not a Saturday, Sunday or public holiday in Sydney, NSW;

“Case Support” includes the assessment of the needs of the young person and a case plan that meets those needs that may include, but are not limited to referral to other agencies, counselling, other brokerage services and any other support outlined in this agreement;

“Commencement Date” means the date specified in Item 2 of Attachment 1;

“Confidential Information” means any information and all other knowledge at any time disclosed (whether in writing or orally) to you by Juvenile Justice, or acquired by you in carrying out the Project which:(a) is by its nature confidential;(b) is designated, or marked, or stipulated as confidential; or(c) you know or ought to know is confidential;But does not include information which:(a) is or becomes public knowledge other than by breach of this Agreement;(b) is in your lawful possession without restriction in relation to disclosure before the date or

receipt of the information from Juvenile Justice or a third party;(c) has been developed or acquired by you independently of the carrying out of the Project;(d) is ascertainable through independent enquiries;(e) may be or is required to be disclosed pursuant to Memorandum No. 2007-01 Public

Disclosure of Information arising from NSW Government Tenders and Contracts dated 8 January 2007, as amended or updated from time to time; or

(f) is required to be disclosed pursuant to law, regulation, legal process or a regulatory authority;

“Day” means a 24 hour period;

“Equal Remuneration Order” (ERO) applies to people employed under the classifications outlined in Schedules B and C of the Social, Community, Home Care and Disability Services Industry Award 2010 (SACS Modern Award).

“Funding” means the Funding specified in Item 3 of Attachment 1;

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“ERO Supplementation Funding” means additional funding provided to contribute to the cost of complying with the order.

“Funding Period” means the period specified in Item 2 of Attachment 1;

“GST Law” means A New Tax System (Goods & Services Tax) Act 1999, related legislation and any delegated legislation made pursuant to such legislation;

“Instalment” means an instalment of the funding;

“Intellectual Property” includes patent, know-how, copyright, design, semi-conductor or circuit layout rights, trade mark, trade, business or company names or other proprietary rights and any rights to registration of such rights, whether created before or after the Commencement Date in Australia or elsewhere;

“Moral Rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing at the Commencement Date or which may come into existence on or after the Commencement Date;

“Performance Measure” means the Performance Measures which enable Juvenile Justice to evaluate your performance of the Project, as set out in the Project Plan (Attachment 2) and using the Annual Activities and Outcomes Report at Attachment 4B;

“Personal Information” has the same meaning given to it in the Privacy and Personal Information Protection Act 1998 and means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

“Report” means the reports as specified in Attachment 4A and Item 2 of Attachment 1;

“Report Date” means the date specified in Attachment 4A;

“Project” means the project which is described in the Project Plan at Attachment 1;

“Project Materials” means all material created by or on your behalf for the purpose of the Project, including documents, software and data stored by any means;

“Project Plan” means the Project Plan contained in Attachment 2;

“Reports” means the reports specified in Attachment 4A and Item 2 of Attachment 1;

“Service” refers to the service provided in accordance with this funding agreement and attachments;

“Supporting Documentation” means the relevant supporting documentation, as specified in Attachment 4A;

“Tax Invoice” means a request for payment that meets the requirements specified in Item 8 of Attachment 1;

“Term” is the funding period which is outlined in Item 2 of Attachment 1;

“Transport” refers to each occurrence of moving a child/young person from one place to another under this agreement;

“Unexpended Funding” means Funding paid to you that is unspent at the end of the Funding Period and includes Funding that is committed but unspent;

“Weekday” means a day during the week, from Monday to Friday;

“Weekend” means Saturday or Sunday.

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1.2 INTERPRETATION1.2.1 Inconsistency: In the event of an inconsistency between the terms of this Agreement,

for the purpose only of resolving the inconsistency, the documents that comprise this Agreement are to be considered in the following order of decreasing priority:(a) the operative provisions in the main body of this Agreement; and(b) the other Attachments.

1.2.2 Except where the context otherwise requires, a reference in this Agreement to:(c) the singular includes a reference to a plural and vice versa;(d) a gender includes a reference to the other genders and each of them;(e) any person or company shall mean and include the legal personal representative,

successor in title, and permitted assigns of such person or company as the circumstances may require;

(f)words and expressions importing natural persons include partnerships, bodies corporate, associations and governmental and local authorities and agents;

(g) any organisations, associations, societies, groups or bodies shall, in the event of them ceasing to exist or being reconstituted, renamed or replaced or if the powers or functions of any of them are transferred to any other entity, body or group, refer respectively to any such entity, body or group, established or constituted in lieu thereof or succeeding to similar powers or functions;

(h) statues, regulations, ordinances or by-laws shall be deemed for all purposes to be extended to include a reference to all statues, regulations, ordinances or by-laws amending, consolidating or replacing same from time to time;

(i)a “month” refers to a calendar month and a “year” has a corresponding meaning;(j) “includes” and “including” mean by way of example but without limitation; and(k) “in writing” refers to correspondence including any mode of representing and

reproducing words in permanently visible form.

1.2.3 Monetary references are references to Australian currency.

1.2.4 Where any time limit pursuant to this Agreement falls on a Saturday, Sunday or public holiday in the State of New South Wales then that time limit shall be deemed to have expired on the next Business Day.

1.2.5 Where you are comprised of more than one person, each of your obligations will bind those persons jointly and severally and will be enforceable against you jointly and severally.

1.2.6 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

1.2.7 No rule of construction operates to the detriment of a party only because that party was responsible for the preparation of this Agreement or any part of it.

1.2.8 Where there occurs a reference to the doing of anything by Juvenile Justice including giving any notice, consent, direction or waiver, this may be done by any officer duly authorised by Juvenile Justice.

2. HOW LONG THE FUNDING LASTS FOR

2.1 Funding Period: The Funding will be provided for the Funding Period outlined in Item 2, Attachment 1.

2.2 Extension of the Funding Period: The Funding Period may be extended at the discretion of Juvenile Justice for a period and on the terms agreed to by you and Juvenile Justice in writing.

3. PROVISION OF FUNDING

3.1 Funding: Juvenile Justice will provide the Funding for the Project in instalments, in accordance with, and subject to the terms of, this Agreement.

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3.2 Conditions which must be satisfied before payment is made: Payment of the Funding is conditional upon each and all of the following:

(a) You have submitted the relevant reports to Juvenile Justice in a form satisfactory to Juvenile Justice; and

(b) You have met each and every obligation imposed on you under this Agreement to Juvenile Justice’s satisfaction, including the Annual Activities and Outcome Report at Attachment 4B and conditions for payment outlined in Item 3 of Attachment 1.

3.3 Right to withhold Funding: without limiting Juvenile Justice’s rights under this Agreement, if:

(a) you fail to comply with one or more of your Performance Measures to Juvenile Justice’s satisfaction;

(b) Juvenile Justice have a reasonable basis to believe that a Performance Measure will not be met;

Juvenile Justice may, upon notice, withhold payment of the Funding (or any part of it) until:

(a) you fully perform each and every Performance Measure to Juvenile Justice’s satisfaction;

(b) Juvenile Justice are otherwise satisfied that the Performance Measures will be met by you in accordance with this Agreement; or

(c) this Agreement is terminated by Juvenile Justice in accordance with Clause 21 (Ending this Agreement).

4. CLAIMING A PAYMENT

4.1 Payment: Subject to this Agreement, Juvenile Justice will pay each instalment to you within 30 days of receipt of a correctly rendered Tax Invoice.

4.2 Payment Request Form: A Tax Invoice is correctly rendered if it is:

(a) fully completed in accordance with Item 8, Attachment 1;

(b) signed by a person authorised by you; and

(c) accompanied by:

(i) the applicable supporting documentation;

(ii) any other documentation requested by Juvenile Justice which evidences to Juvenile Justice’s satisfaction that the Performance Measures have been achieved.

5. GOODS AND SERVICES TAX (GST)

5.1 Supply is GST exclusive: Unless otherwise indicated, all consideration for any supply under this Agreement is exclusive of any GST imposed in relation to the supply.

5.2 What happens if GST is imposed: If:(a) Despite any other provision of this Agreement, GST is imposed on any supply

by you to Juvenile Justice under this Agreement; and

(b) Juvenile Justice are or will be entitled to receive an input tax credit (as defined in the GST Law) in relation to that supply,

Juvenile Justice will pay to you an additional amount equal to the GST imposed on that supply, at the time and in the manner payment is otherwise payable under this Agreement in relation to that supply.

5.3 You must be GST registered: You must be registered under the GST Law at the time of making any supply under this Agreement on which GST is imposed.

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5.4 Consequences of non-registration: If you are not registered under the GST Law as required under clause 5.3, you will not be entitled to receive any additional amount as provided under this clause 5 (GST).

5.5 If Juvenile Justice pays you too much: If for any reason Juvenile Justice pays to you an amount under this clause 5 (GST) which is more than the GST imposed on the supply, you must repay the excess to Juvenile Justice on demand or Juvenile Justice may set off the excess against any other amounts due to you.

6. HOW YOU MUST DEAL WITH THE FUNDING

6.1 Use of Funding: You must:

(a) use the Funding solely for the purpose of the Project (as outlined in Attachment 2);

(b) only use the Funding within the Funding Period; and

(c) not enter into any arrangements or commitments in relation to the Project that are incompatible or inconsistent with the purpose of the Funding

6.2 Use of ERO Supplementation Funding (if applicable): You must certify that:

(a) you employ eligible SACS Modern Award workers subject to the ERO

(b) that the ERO Supplementation Funding has been used for SACS – ERO employee expenses only

(c) you will advise and return any surplus funding to Juvenile Justice

6.3 Budget: You must spend the Funding in accordance with the Budget (Attachment 3) unless otherwise approved by Juvenile Justice in writing;

6.4 Delayed or inactive Projects: You must notify Juvenile Justice immediately if:

(a) the Project will not commence within fourteen (14) days from the Commencement Date; and

(b) the Project has been inactive for a period of fourteen (14) days or more;

6.5 Repayment of Funding: You must repay to Juvenile Justice:

(a) Within 30 days of Juvenile Justice’s request or as otherwise agreed, any part of the Funding spent on purposes not approved by this Agreement.

(b) If requested by Juvenile Justice, within 30 days of Juvenile Justice’s request or as otherwise agreed:

(i) the whole of the Funding, if the Project is delayed as described in clause 6.3(a); and

(ii) any part of the Funding which remains unspent, if the Project is inactive as described in clause 6.4(b).

(c) Unless otherwise agreed, within 30 days of the earlier of:

(i) the expiry of the Funding Period; or

(ii) termination of this Agreement,

any and all Unexpended Funding.

6.6 Bank account: To process and record all Funding receipts and expenditure you must, throughout the Term, maintain either:

a) A separate account at a financial institution (bank, building society or credit union); or

b) If you can demonstrate to Juvenile Justice’s reasonable satisfaction that adequate internal financial controls are in place within the existing accounts for the identification of the Funding, a general agency account, operating in Australia.

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6.7 Interest: The Funding must be paid into an interest earning account and, unless otherwise agreed by Juvenile Justice, all interest earned on the Funding must be used by you for the Project only in accordance with the terms of this Agreement.

7. CONDUCT OF THE PROJECT

7.1 Project Performance: You must perform the Project in accordance with:

(a) the Project Plan as outlined in Attachments 1A and 2;

(b) the expenditure set out in the Budget (Attachment 3); and

(c) any reasonable directions given by Juvenile Justice from time to time.

7.2 Performance Measures: In implementing the Project, you must use your best endeavours to achieve the Performance Measures to Juvenile Justice’s reasonable satisfaction.

7.3 Project Timeframes: You must complete the Project or cause the Project to be completed, within the Funding Period and the timeframes specified in Item 2, Attachment 1.

8. COMPLIANCE WITH LAW

8.1 You must:

(a) comply with all applicable standards, laws, regulations policies and statements including complying with your obligations under or arising from the standards, law, regulations, policies and statements specified in Item 6 Attachment 1;

(b) not do anything that would cause Juvenile Justice to breach its obligations under any legislation; and

(c) hold all rights, licences and consents required to conduct the Project and otherwise fulfil your obligations under this Agreement.

8.2 Access to Information

In accordance with s 121 of the Government Information (Public Access) Act 2009:

You must, within 7 days of receiving a written request by Juvenile Justice, provide Juvenile Justice with immediate access to the following information contained in records held by you:

(a) information that relates directly to the performance of the services provided to Juvenile Justice by you pursuant to this funding agreement;

(b) information collected by you from members of the public to whom it provides, or offers to provide, the services pursuant to this funding agreement; and

(c) information received by you from Juvenile Justice to enable it to provide the services pursuant to this funding agreement.

For the purposes of subclause 8.2, information does not include:

(a) information that discloses or would tend to disclose your financing arrangements, financial modelling, cost structure or profit margin;

(b) information that you are prohibited from disclosing to Juvenile Justice by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or

(c) information that, if disclosed to Juvenile Justice, could reasonably be expected to place you at a substantial commercial disadvantage in relation to Juvenile Justice, whether at present or in the future.

You will provide copies of any of the information in subclause 8.2, as requested by Juvenile Justice, at your own expense.

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Any failure by you to comply with any request pursuant to subclause 8.2 will be considered a breach of an essential term of this Agreement and will allow Juvenile Justice to terminate the Agreement by providing notice in writing of its intention to do so with the termination to take effect 7 days after receipt of the notice. Once you receive the notice, if it fails to remedy the breach within the 7 day period to the satisfaction of Juvenile Justice, then the termination will take effect 7 days after receipt of the notice.

9. PERSONNEL

9.1 Appropriate personnel to perform the Project: All positions funded by the Funding must be filled by persons that have appropriate skills, qualifications or experience for such positions, as agreed upon by both parties.

9.2 Responsibility for employees: You acknowledge that all personnel employed or otherwise engaged by you in the conduct of the Project in accordance with this Agreement shall be your sole responsibility.

9.3 Your employment policy: You will ensure that your employment policy complies with relevant legislation, policies and procedures of the NSW Government.

9.4 Sub-contractors: You:

(a) May sub-contract all or part of the conduct of the Project to a sub-contractor (including a project partner) subject to Juvenile Justice’s prior written approval; and

(b) Will be responsible for ensuring the suitability of any sub-contractor (or project partner) for the work proposed to be carried out by them and that all work carried out by them meets the requirements of this Agreement. Any approval to sub-contract given by Juvenile Justice under clause 9.4(a) does not relieve you from any of your obligations or liabilities under this Agreement.

10. RECORDS AND INSPECTION

10.1 Records: You must:

(a) Ensure that adequate financial and operational records, including but not limited to those specified or referred to in Attachment 4A, are kept and maintained whilst carrying out the Project;

(b) Retain records regarding SACS Modern Award – Equal Remuneration Order Eligibility. At all times you will keep records of the number of positions funded by Juvenile Justice that are ERO eligible and any period during which those positions were vacant during the funding period.

(c) Retain the records referred to in this clause 10 (Records and Inspection) throughout the Funding Period and for seven (7) years after the date that is the earlier of the date of expiry of the Funding Period or termination of this Agreement.

(d) Upon Juvenile Justice’s request, arrange for the records, books of account and documents relating to the Project to be made available for inspection by Juvenile Justice’s authorised representative (including the taking of such extracts and the making of such copies as the representative considers appropriate) and assist the representative in carrying out the inspection.

10.2 Accountability: Juvenile Justice has statutory obligations to ensure the accountability of expenditure of funds including the Funding and, accordingly, you are required to be accountable for all of the Funding you receive under this Agreement.

10.3 Inspection: You must permit Juvenile Justice, or any person authorised by Juvenile Justice, upon reasonable notice (at least 48 hours) and at any reasonable time, to inspect the implementation of the Project.

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10.4 Non compliance with Agreement: If at any time Juvenile Justice considers the Project is not being conducted by you in accordance with the provisions of this Agreement, Juvenile Justice may request that you take the steps or make the changes as are specified in writing by Juvenile Justice to you to achieve compliance with the Agreement within a reasonable time.

11. REPORTS

11.1 Required reports. You will:

(a) submit reports as required to Juvenile Justice as outlined in Attachment 4A;

(b) at Juvenile Justice’s request, submit, within the timeframe stipulated by Juvenile Justice, any other information or reports that may be necessary to establish to Juvenile Justice’s satisfaction that the terms of this Agreement and the Performance Measures (Attachment 4B) have been or are being satisfied by you;

(c) at Juvenile Justice’s request, submit, within the timeframe stipulated by Juvenile Justice, a Year To Date Income and Expenditure Statement (Attachment 4C) to evidence that you have fulfilled your obligations under clause 6.1 of this agreement.

11.2 Notification of insolvency. You undertake to immediately notify Juvenile Justice of any resolution by you to go into liquidation or to enter into any scheme or arrangement with your creditors under the Corporations Act 2001 (Cth) or any applicable insolvency law.

12. PERFORMANCE MONITORING AND EVALUATION

12.1 Operation of Project: You and Juvenile Justice agree to monitor and evaluate the Project against:

(a) the Service Specifications (Attachment 1A)

(b) Performance Measures (Attachment 4B)

(c) the Budget (Attachment 3); and

(d) your compliance with the terms of this Agreement.

12.2 Cooperation: You:

(a) acknowledge that Juvenile Justice’s representative will maintain regular contact with you to monitor the implementation of the Project and of this Agreement; and

(b) agree to co-operate with Juvenile Justice’s representative in this role; and

(c) agree to Juvenile Justice’s representative attending your board or committee meetings and visiting the Project at any reasonable time, upon giving you reasonable notice.

12.3 Research and Surveys: You are required to participate and contribute to requests for the provision of statistical and program information for the purpose of research and surveys conducted by Juvenile Justice or an authorised representative. No such request will require the breach of any duty of confidentiality owed by you to clients.

13. CHILD PROTECTION

13. CHILD PROTECTION

13.1 You are responsible for:

a) complying with the provisions of the Children & Young Persons (Care & Protection) Act 1998, the Ombudsman Act 1974 (NSW), the Child Protection (Working with Children) Act 2012 and any other legislation which applies to child protection

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b) identifying your child protection responsibilities, as you are required by law and establishing systems for ensuring that you meet your child protection responsibilities.

13.2 Working with Children Checks

According to the Child Protection (Working with Children) Act 2012, all employees engaged in child related work must have a Working with Children Check clearance.

You as an employer are required to verify the status of all employees, volunteers and students before placing them in contact with children. You will only commence employing or continue to employ staff for child related work who have the appropriate Working With Children Check (WWCC) clearance.

You as the employer are also required to undertake a current National Criminal Record Check on all new candidates in addition to completing the WWCC process, especially for positions that have direct unsupervised contact with clients and client records.

It is also your responsibility to maintain records of the WWCC clearance and to provide a copy of such records to Juvenile Justice for all employees, volunteers and students engaged in child related work under this agreement.

This information must be forwarded to:

Juvenile Justice Recruitment Team via email to: [email protected] or mailed to:

Juvenile Justice Recruitment Team

Department of Police and Justice (Juvenile Justice)

PO Box 368

Haberfield NSW 2045

13.3 Mandatory Reporting

It is your responsibility to ensure that you comply with the provisions of the Children & Young Persons (Care & Protection) Act 1998, including notifying the Department of Family and Community Services NSW, Community Services immediately in the event that a client makes an allegation of abuse or assault against you or your employee and/or where a child or young person is considered to be at ‘risk of significant harm’.

Mandatory reporters will only make a report to the Community Services Helpline where there is suspected ‘risk of significant harm’ as opposed to ‘risk of harm.’ For reports that do not meet the ‘risk of significant harm’ threshold, it is your responsibility to ensure that mandatory reporters identify potential responses within your own agency or organisation or make a referral to other services to provide support to the family, including the Family Referral Service, with the consent of the family.

It is also your responsibility to notify Juvenile Justice in the event that an allegation of abuse or assault is made against you or any of your employees, volunteers or students and/or where a child or a young person has been notified as at ‘risk of significant harm’.

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mailto:[email protected]

Any information obtained in the course of applying for the Working with Children Check clearance and/or held on the working with children register may be used to make a report by the Children’s Guardian under the Child Protection (Working with Children Act 2012.

14. PUBLICITY

14.1 Acknowledgement: You will ensure that all public statements relating to the Project or the Funding acknowledge the provision of the Funding by Juvenile Justice and complies with Item 5 of Attachment 1.

14.2 Juvenile Justice’s right to publicise: Juvenile Justice may publicise the awarding of the Funding at any time after it is awarded, including:

(a) your name;

(b) the amount of the Funding;

(c) the title and brief description of the Project; and

(d) the Project results.

15. INTELLECTUAL PROPERTY AND PROJECT MATERIALS

15.1 Ownership of Intellectual Property: Any Intellectual Property in all Project Materials created by you in the performance of the Project will be retained by you, or relevant third parties, as the case may be.

15.2 Grant of licence: You grant, and will ensure third parties grant, to Juvenile Justice, without cost, a non-exclusive, irrevocable, royalty free and transferable licence to use, reproduce, communicate to the public and adapt for Juvenile Justice’s own purposes all Intellectual Property in the Project Materials.

15.3 Moral Rights: You must hold, or obtain, consents from all authors of the Project Materials to your and Juvenile Justice’s use and adaptation, without restriction and without any requirement to attribute the Project Materials to its authors.

15.4 Copies of Project Materials: If Project Materials are produced for publication as part of the Project then copies of all Project Materials shall be submitted to Juvenile Justice as requested by Juvenile Justice from time to time.

16. INDEMNITY

16.1 Your Indemnity: You shall at all times indemnify, hold harmless and defend Juvenile Justice and Juvenile Justice’s officers, employees and agents (“those indemnified”) from and against liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with:

(a) any infringement or alleged infringement of any Intellectual Property (including Moral Rights) arising from the activities of the Project other than any Intellectual Property supplied by Juvenile Justice; and

(b) any unlawful, wrongful, wilful or negligent act or omission of you or your officers, employees, agents, contractors and volunteers.

16.2 Reduction of Indemnity: Your liability to indemnify those indemnified under this Agreement shall be reduced proportionally to the extent that any unlawful, wrongful, wilful or negligent act or omission of those indemnified caused or contributed to the liability or loss.

16.3 Continuing Obligation: The indemnity in this clause is a continuing obligation of you, separate and independent of any of your other responsibilities and will continue beyond the termination of this Agreement.

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17. INSURANCE

17.1 Obligation to insure: You must ensure that insurance policies specified in Item 7 of Attachment 1 are taken out and maintained with a reputable insurance company throughout the Funding Period.

17.2 Production of policies: You must on request, produce satisfactory evidence to Juvenile Justice that any or all of the insurance policies required under this Agreement are current.

18. CONFIDENTIALITY

18.1 Obligation to keep confidential: You must keep Juvenile Justice’s Confidential Information in confidence and not disclose the Confidential Information to any person without Juvenile Justice’s prior written consent.

18.2 Limited Disclosure: You may disclose Juvenile Justice’s Confidential Information to your personnel and legal and professional advisors provided you ensure that the recipient:

(a) keeps the Confidential Information confidential; and

(b) does not use the Confidential Information except for the purposes of this Agreement.

19. PRIVACY AND DISCLOSURE OF PERSONAL INFORMATION

19.1 Where you have access to Personal Information in order to fulfil your obligations under this Agreement, you must:

(a) where you are responsible for holding the Personal Information, ensure that the Personal Information is protected against loss and against unauthorised access, use, modification or disclosure and against other misuse;

(b) not use Personal Information other than for the purposes of the Agreement, unless

(i) required or authorised by law; or

(ii) authorised in writing by the individual to whom the Personal Information relates but only to the extent authorised;

(c) not disclose Personal Information without the prior written agreement of Juvenile Justice and the prior written agreement of the individual to whom the Personal Information relates, unless required or authorised by law. Juvenile Justice, at its sole discretion and at any time, may require you to arrange for a permitted recipient to execute a deed in such form as may be required by Juvenile Justice relating to the non-disclosure and use of the Personal Information and you will promptly arrange for such a deed to be executed and provided to Juvenile Justice;

(d) ensure that only authorised personnel have access to Personal Information;

(e) immediately notify Juvenile Justice if:

(i) the individual to whom the Personal Information relates authorises you to use his/her Personal Information for other purposes;

(ii) the individual to whom the Personal Information relates consents to you disclosing of his/her Personal Information; and/or

(iii) you become aware that a disclosure of Personal Information is, or may be required or authorised by law;

(f) make your employees, agents and sub-contractors aware of your obligations under this clause including, when requested by Juvenile Justice, requiring those employees, agents and sub-contractors to promptly sign a suitable privacy deed relating to Personal Information;

and

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(g) comply with such other privacy and security measures as Juvenile Justice reasonably advise you in writing from time to time.

19.2 You must immediately notify Juvenile Justice upon becoming aware of any breach of Clause 19.1.

20. CHANGES

20.1 Written agreement between you and Juvenile Justice must be obtained for any variation to:

(a) this Agreement;

(b) any of the following matters disclosed in your application for the Funding and outlined in the Attachments to this Agreement:

(i) the nature/purpose of the Project;

(ii) the way in which the Project is to be carried out and completed;

(iii) the Budget; and

(iv) the Funding Period.

20.2 Retaining Unexpended Funding. Subject to clause 6.4, if you do not spend all the funding by the end of the funding period and in accordance with the purposes set out in this Agreement, you must, within three (3) calendar months following the end of the funding period, pay back any unspent money to Juvenile Justice.

21. ENDING THIS AGREEMENT21.1 Termination after 20 days: Juvenile Justice may (by giving you 20 days written notice)

terminate this Agreement at any time if any one or more of the following occurs:

(a) in Juvenile Justice’s opinion you are not carrying out the Project diligently and competently;

(b) you have not achieved any Performance Measure;

(c) you have in Juvenile Justice’s opinion used or are using the Funding or part of the Funding for purposes other than those for which the Funding is made;

(d) Juvenile Justice considers the Project no longer viable; or

(e) Juvenile Justice considers that there has been a material change in circumstances in your financial position, your structure or your identity.

21.2 Immediate Termination: Juvenile Justice may (by giving you written notice) immediately terminate this Agreement if any one or more of the following occurs:

(a) you breach a provision of this Agreement in a manner that, in Juvenile Justice’s opinion, is not capable of remedy;

(b) you breach a provision of this Agreement that in Juvenile Justice’s opinion is capable of remedy and fail to comply with a notice from Juvenile Justice to remedy the breach within the period for remedy specified in that notice;

(c) you resolve to go into liquidation or have a summons for your winding up presented to a Court or enters into any scheme or arrangement with your creditors under the Corporations Act (Cth) or any applicable insolvency law or an administrator, liquidator receiver or official manager is appointed under the Corporations Act (Cth) or any applicable insolvency law.

22. OBLIGATIONS WHEN THIS AGREEMENT ENDS

22.1 Delivery of Reports and Return of Confidential Information: You must, except to the extent agreed between Juvenile Justice and you in writing, provide to Juvenile Justice within seven (7) days of termination or expiry of this Agreement:

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(a) any reports due to Juvenile Justice under this Agreement or otherwise requested by Juvenile Justice;

(b) all Juvenile Justice’s Confidential Information used by you or your employees, agents or contractors or otherwise in their possession and all copies of such information; and

(c) all project materials.

22.2 No entitlement to further payment: For the avoidance of doubt, upon termination or expiry of this Agreement, you will not be entitled to any further payments under this Agreement, notwithstanding that the amount paid to you could be less than the Funding specified in this Agreement.

22.3 Transfer Investments: Upon the termination or expiry of this Agreement you must transfer to Juvenile Justice, free of charge, all investments made by you using the Funding if requested to do so by Juvenile Justice.

22.4 Juvenile Justice’s rights and remedies not prejudiced: Any termination of this Agreement by Juvenile Justice is without prejudice to any of Juvenile Justice’s accrued rights or remedies.

22.5 Clauses that survive termination: Clause 6 (How you must deal with the Funding), Clause 10 (Records and Inspection), Clause 11 (Reports), Clause 15 (Intellectual Property and Project Materials), Clause 16 (Indemnity), Clause 17 (Insurance), Clause 18 (Confidentiality), and this Clause 22 (Obligations when this Agreement ends) and any other provision of this Agreement which by its nature should survive termination shall survive termination, expiry or repudiation of this Agreement.

23. DISPUTE RESOLUTION

23.1 You and Juvenile Justice must attempt to settle any dispute in relation to this Agreement in accordance with this clause 23 (Dispute Resolution) before resorting to court proceedings or other dispute resolution process:

(a) A party claiming that a dispute has arisen, must give written notice of the dispute to the other party. On receipt of this notice the parties must within fourteen (14) days of receipt, seek to resolve the dispute.

(b) If the dispute is not resolved within fourteen (14) days or within such further period as the parties agree in writing then the dispute is to be referred to the Australian Commercial Dispute Centre (ACDC).

(c) The mediation shall be conducted in accordance with the ACDC Mediation Guidelines which set out the procedures to be adopted, the process of selection of the mediator and the costs involved.

(d) If the dispute is not settled within 28 days (or such other period as agreed to in writing between the parties) after appointment of the mediator, or if no mediator is appointed within 28 days of the referral of the dispute to mediation, the parties may pursue any other procedure available at law for the resolution of the dispute.

(e) If requested by Juvenile Justice, you must continue performing this Agreement while a dispute is being dealt with in accordance with this clause 23, other than such obligations (or part thereof) which are the subject of the dispute, to the extent practicable to do so.

23.2 Nothing in this clause 23 (Dispute Resolution) will prevent either party from seeking urgent interlocutory relief.

23.3 The parties agree that neither will engage in any conduct or communications intended to disparage the other.

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24. NOTICES

24.1 Change of contact details: You must inform Juvenile Justice within seven (7) days of any changes to your contact details set out in Item 1, Attachment 1.

24.2 Notice Requirements: A notice under this Agreement must be:

(a) in writing, directed to the representative of the other party as set out in Item 1, Attachment 1; and

(b) forwarded to the address, facsimile number or the email address of that representative as set out in Item 1, Attachment 1.

24.3 When a notice is served: A notice under this Agreement will be deemed to be served:

(a) in the case of delivery in person – when delivered to the recipient’s address for service and a signature received as evidence of delivery;

(b) in the case of delivery by post – within three (3) Business Days of posting;

(c) in the case of delivery by facsimile – at the time of dispatch if the sender receives a transmission report which confirms that the facsimile was sent in its entirety to the facsimile number of the recipient; or

(d) in the case of delivery by email – on receipt of confirmation by the sender that the recipient has received the email.

24.4 Delivery late in the day: Notwithstanding the provisions of this clause 24 (Notices), if delivery or receipt of a communication is on a day which is not a Business Day in the place to which the communication is sent or is later than 5pm (local time in that place) it will be deemed to have been duly given or made at 9am (local time in that place) on the next Business Day in that place.

25. GENERAL

25.1 Entire agreement: This agreement constitutes the entire agreement and understanding between the parties as to the subject matter of this Agreement. Any prior arrangements, representations or undertakings as to the subject matter of this Agreement are superseded.

25.2 Non-waiver: No failure or delay by Juvenile Justice in exercising any right, power or remedy under this Agreement and no course of dealing or grant by Juvenile Justice to you of any time or other consideration, will operate as a waiver of the breach or a default by you. Any waiver by Juvenile Justice of a breach of this Agreement will not be construed as a waiver of any further breach of the same or any other provision.

25.3 Conflict of interest: You warrant that at the date of this Agreement, no conflict of interest exists or is likely to arise in relation to the execution of this Agreement or its subject matter. You undertake to notify Juvenile Justice, in writing, immediately upon becoming aware of the existence, or possibility, of a conflict of interest and agree to comply with any reasonable directions of Juvenile Justice to appropriately manage the conflict of interest, within the time frame stipulated by Juvenile Justice in writing.

25.4 Severability: If any part of this Agreement is prohibited, void, illegal or unenforceable, then that part is severed from this Agreement but without affecting the continued operation of the remainder of the Agreement.

25.5 Relationship: (a) Nothing in this Agreement is intended to create a partnership, joint venture or

agency relationship between the parties;

(b) You shall not hold yourself out to be an employee, partner, agent or representative of Juvenile Justice; and

(c) All work performed by you and all contracts made by you to carry out the Project shall be performed and made by you as principal and not as agent for Juvenile

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Justice. In all dealings in relation to the Project you shall act solely on your own account.

25.6 Applicable law: This Agreement is governed by, and must be construed in accordance with, the laws in force in the State of New South Wales.

25.7 Governing jurisdiction: You and Juvenile Justice submit to the exclusive jurisdiction of the Courts and the courts of appeal exercising jurisdiction in the State of New South Wales.

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EXECUTED AS A DEED on 2013

Executed by …………………………. ….for and on behalf of ………………………… (A.B.N …….) in accordance with its constitution and, if applicable, any requirements for execution contained in the statute that establishes ……… by ………..

………………………………

(Signature)

In the presence of:

……………………………… ………………………….

(Print Witness Name) (Signature of Witness)

Signed, sealed and delivered for and on behalf of the Crown in right of the State of New South Wales, but not so as to incur any personal liability by Valda Rusis, Chief Executive, Juvenile Justice, Department of Police and Justice NSW

……………………..

Valda Rusis

In the presence of:

………………………….. …………………………..

(Print Witness Name) (Signature of Witness)

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ATTACHMENT 1: AGREEMENT DETAILS

This attachment forms an annexure to the Funding Agreement between Juvenile Justice and you.

Name of Project:

Region:

Item 1 Nominated Person Contact Details

Juvenile Justice: Contact Name:

Position:

Address:

Telephone:

Facsimile:

Email:

You: Contact Name:

Position:

Address:

Telephone:

Facsimile:

Email:

Item 2 Funding Period/Term Three Years

Commencement Date:

End date:

Conditions for Initial payment:

Submission of and approval by Juvenile Justice of Attachment 2 Project Plan and Attachment 3 Annual Budget.

Annual Reporting Requirements

Submission of and approval by Juvenile Justice of the reports outlined in Attachment 4 and Attachment 3 Annual Budget

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Item 3 Detail of Services, Targets and Funding

Service Type Location Targets * Annual funding

<Service Type>

See Attachment 1A

<Service Type>

See Attachment 1A

Total Funding $

* As specified in Attachment 1A, under the heading ‘funding’

Funding instalments will be paid every six (6) months at the commencement of each semester on the condition that you have met each and every obligation under this Agreement to Juvenile Justice’s satisfaction.

Item 4 Records and Reports

1 All supporting documentation must be completed to the reasonable satisfaction of Juvenile Justice.

2 All Records and Reports outlined in Attachment 4 must be completed to the reasonable satisfaction of Juvenile Justice.

3 Funding will not be provided if any records or reports are, at the discretion of Juvenile Justice, incomplete or unsatisfactory.

Item 5 Publicity

Additional terms:

1. You must ensure that the following wording appears on all Project Materials:

(a) “Funded by the Department of Police and Justice NSW, Juvenile Justice and

(b) “The views expressed herein do not necessarily reflect the views of the Department of Police and Justice NSW, Juvenile Justice.”

Item 6 Specified laws and regulations, standards, policy and statements

Privacy Act 1988 (Cth), Privacy and Personal Information Act 1988 (NSW) and other legislation relating to privacy.

Children & Young Persons (Care & Protection) Act 1998, the Ombudsman Act 1974 (NSW), the Commission for Children and Young People Act 1998 and any other legislation relating to child protection.

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Item 7 Insurance

1 Minimum Insurance Requirements

Without limiting your obligations under this Agreement you will, during the period of funding, hold full insurance cover with a reputable insurance company or companies, in your name and that of any subcontractor, in relation to the following insurance policies:

a) a broad form public liability policy of insurance in the amount of not less than $10,000,000 in respect of each and every occurrence and unlimited in the aggregate for any one period of cover;

b) workers’ compensation insurance in accordance with applicable legislation in respect of all your employees;

c) a professional liability policy of insurance if applicable in the amount of not less than $5,000,000 in respect of each and every occurrence and unlimited in the aggregate for any one period of cover; and

d) such other insurance policies as required in respect of your liability that may arise from the project that is the subject of this Agreement.

You will, at the time of funding and at any time on request, produce to Juvenile Justice satisfactory evidence that you have effected and renewed the insurance policies referred to in Clause 17.1 which will be maintained fully effective and current during the period of funding.In the event that any insurance cover as set out in Clause 17.1 is voided or cancelled, you will immediately notify Juvenile Justice in writing of details of the void or cancellation including the termination and the reason given by the insurer for the termination.

Item 8 Tax Invoice

1. All Tax Invoices must:(a) be clearly addressed to (INSERT NAME AND POSITION); (b) be sent to (INSERT ADDRESS) and(c) display prominently the words “Tax Invoice”.

2. All Tax Invoices must contain the following information:(a) the name of the Project;(b) your name;(c) your ABN;(d) the amount requested;(e) the GST component (listed separately to the amount requested); and(f) the total amount requested.

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ATTACHMENT 1A: JOINT SUPPORT PROGRAM SERVICE SPECIFICATIONS

PROGRAM OVERVIEW

Collaborative service delivery

Juvenile Justice clients involved in the Joint Support Program will be working with Juvenile Justice Community Services (JJCS) as a condition of a legal mandate (such as a Good Behaviour Bond or Probation) that has been issued by a Court as a result of the young person being convicted of an offence. These young people may also be involved in a Youth Justice Conference or be exiting a Juvenile Justice Custodial Centre.

Owing to the complex spectrum of needs presented by young offenders within the community, Juvenile Justice funds community organisations through the Joint Support Program (JSP) to deliver services that provide Casework Support, Employment Placement and Support, Long Term Accommodation Support and Short Term Accommodation Support.

Juvenile Justice and service providers will work together to provide joint service delivery to support young people. This will be achieved through the adoption of a case management approach that:

reflects principles of best practice for offender interventions (as guided by ‘What Works’ literature outlined below)

facilitates the engagement of young people and their families in the process clarifies roles and responsibilities of all parties consistently reviews the effectiveness of the interventions planned for the young person manages the assessment, planning, interventions and review of work in relation to the case

plan.

Target groupThe target group for the Joint Support Program is young people under the supervision of Juvenile Justice within the community who have been assessed as having a medium to high level of offending related risk and need. The JSP will also be used to support young people in their transition into the community from custody or to maintain their community support upon exit from Juvenile Justice supervision.

Engagement with young people and their familiesIt is expected that the service will engage with young people’s families as part of the service provision.

Culturally appropriate service provision

Service providers will be expected to deliver services in a culturally respectful way, working with Aboriginal and Torres Strait Islander young people and their families; and young people and their families from Culturally and Linguistic Diverse (CALD) backgrounds.

The service will demonstrate how they will do this through the development of an Aboriginal Participation and Outcome Plan and an Equity Plan. Please provide details of these plans in the space provided in the Project Plan.

Service staffingThe service must engage staff with expertise in working with adolescents, preferably adolescents with complex needs and who have the minimum qualifications or experience of a SACS Level 4 worker.

Staff must be provided with regular professional development, training and supervision to ensure a high standard of service delivery. Wherever possible, the staff mix should reflect the cultural mix of the target group. Cultural competency training should be undertaken by all staff to ensure the cultural needs of young people and their families are met.

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Performance measuresThe service will be responsible for the regular collection and reporting of information about the efficiency, effectiveness and quality of outcomes. The data will allow Juvenile Justice to gauge the comparative success of a program in meeting its objectives.

Services will be measured against the following:o the JSP-wide standards and key performance indicators that all service providers are

required to meet; o those measures specific to the Service Areas and the Service Activities that a service

provider is delivering; ando those individual case plan outcomes agreed for each client.

The collection of data is the responsibility of both Juvenile Justice and the service. The service will also be required to participate in any other evaluation or review of the Joint Support Program that Juvenile Justice may decide to undertake.

HOW WE WILL WORK TOGETHER

Coordinated service delivery

Through coordinated service delivery Juvenile Justice and the service will: be guided by a single criminogenic risk/ needs assessment (conducted by Juvenile

Justice) and case plan (developed by Juvenile Justice); clearly identify, articulate and address the needs of young people and their families; identify appropriate services or programs and advocate on behalf of young people to

ensure access, and track progress, engage and work with the young person and their families to ensure target

outcomes are achieved.

A Single Client Assessment

JSP service providers will not conduct alternate needs assessments. Health and Safety risk assessments will be conducted by service providers as required. Where JSP service providers believe there is a need for specialist assessment they are to discuss and come to a joint agreement with the Juvenile Justice worker to ensure coordinated case management.

Program referralCoordinated service delivery involves Juvenile Justice making a referral to the service and arranging a referral meeting to discuss services and programs that have been identified as an area of need in the young person’s assessment and case planning process. The referral meeting includes the Juvenile Justice worker, a worker from the service, the young person, the young person’s family or carers and other parties as required. Such planning may commence while a young person is in custody.

The referral meeting outlines the target outcomes that Juvenile Justice requires the service to achieve with the young person and defines the roles, responsibilities and timeframes for completion. This also includes defining how services and programs relate to the young person’s court order and the purpose of the intervention.

Young people may also be referred simultaneously to multiple JSP services to receive various supports such as short or long term accommodation, family based intervention, drug and alcohol treatment, or employment placement services. In which case, all JSP service providers will be included in case discussions and planning.

Review of support provided to young personWithin six weeks of service delivery commencing, the Juvenile Justice worker will arrange a review meeting with the young person and a worker from the service to review progress and target outcomes.

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Review meetings can be conducted earlier if there is a significant change in the young person’s circumstances or a need to redirect service delivery.

Exit review meetingsPrior to the young person exiting the service, the Juvenile Justice Officer will arrange an exit meeting with the young person and a worker from the service to review the services provided to the young person. The requirement for further referrals can also be determined at these meetings.

Support beyond Juvenile Justice SupervisionShould the young person’s legal mandate that requires them to work with Juvenile Justice expire prior to the completion of the service, the service will assume case management responsibility of the young person.

When the support period is nearing completion, exit planning with the young person will take place, led by the JSP service provider. Exit planning will focus on ensuring the young person has access to ongoing support, beyond the period of service, enabling them to maintain progress.

The service will attend an exit meeting with the Juvenile Justice worker who referred the young person to the service. The purpose of the meeting is to review the service provided, progress against the agreed target outcomes, and confirm an exit plan has been developed with the young person.

Extension of Service Provision to a Young PersonAny extension of the service provision to a young person will be the decision of Juvenile Justice and will be negotiated with the service provider.

CASEWORK SUPPORT

Service outlineThe JSP Casework Support service provides a broad range of activities that support a young person under the supervision of Juvenile Justice within the community. The service will support young people assessed as requiring a medium to high level of offence focused interventions.

The Casework Support service will complement Juvenile Justice case management of young people, which centres around the delivery of offender-focused programs and interventions. The service will be provided through the collaboration of Juvenile Justice workers and NGO Casework Support workers.

The Casework Support service will be tailored to each young person in accordance with their Juvenile Justice case plan. Joint case plans are developed at a joint referral meeting, based upon offending related risks/needs identified through the Juvenile Justice YLS-CMI assessment. Target outcomes will be developed for each referral activity that is directly linked to the Juvenile Justice case plan.

Casework Support workers will have a continual caseload of 4 to 5 young people and will provide an intensive service.

The Casework Support Agency is not responsible for case management. Case management remains with Juvenile Justice. The Juvenile Justice case plan is the single case plan for the duration of the young person’s mandate or intervention. Casework Support services will not develop alternate case plans for young people.

Casework activities/ supportsThe service will provide or link a young person into the following activities/ supports:

o Recreation / leisureProvision of recreation / leisure activities for the purposes of supporting personal and social functioning, reinforcing positive behaviours and developing positive networks.

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o Parenting supportActivities that support young people who are parents or carers.

o Accommodation Support Activities that assist young people who are disadvantaged (in terms of their capacity for independent living) in gaining access to suitable community housing arrangements and to other appropriate community resources and services that will help maintain them in such accommodation. Activities are practice in nature as opposed to referrals.

o Navigating Centrelink services and other financial servicesAssisting young people to navigate Centrelink services and to access financial services that may support vocational training and work development opportunities e.g. funds for books, tools and on the job equipment.

o Pre-vocational training and on-the-job trainingProvision of preparation for vocational training or employment and time-limited instruction e.g. work experience.

o Access to EducationProvision of assistance to access and participate in structured educational programs within schools or TAFE.

o Access to Educational supportProvision of assistance to access and participate in remedial or transitional education programs or scholarships/grants.

o Job search skills developmentProvision of assistance in acquiring basic skills for obtaining employment.

o Social and personal developmentActivities that promote personal, interpersonal and social development and a sense of belonging in the community.

o Aboriginal and Torres Strait Islander cultural supportActivities that promote connection to culture and heritage. These may be provided as structured classes or group activities on various aspects of personal development.

o Cultural support for CALD young peopleActivities that promote connection to culture and heritage. These may be provided as structured classes or group activities on various aspects of personal development.

o Living skills developmentProvision of practical assistance and activities to develop or support the capacity for independent living, social interaction and community integration.

o Transport assistanceProvision of transport support to help young people stay engaged in the employment, training and recreational activities or assisting young people in gaining their drivers licence.

o Development of family / household management skillsActivities that re-establish and maintain family and household management skills.

o Financial Advice and GuidanceProvision of financial advice and guidance e.g. budgeting, paying fines and other commitments, financial management etc.

o Linkage support

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Provision of assistance to link into Commonwealth-funded employment programs, such as supported employment, vocational rehabilitation, job placement or support activities.

Program durationThe standard program runs for 12 weeks. Young people can be repeated in the service and in such cases will be counted as another referral, however will not have to have a re-referral.

FundingA single full time case worker with the minimum qualifications or experience of a SACS Level 4 worker, will be funded $79,320 (includes an administrative component). A single case worker will be expected to provide the above mentioned casework support to a minimum of 16 young people per year.

Resources requiredCasework support workers with suitable training are required to support a caseload of 4 to 5 young people at a time with a wide range of needs associated with re-entry in to a community setting from custody. The casework support worker must also have the capacity to work closely with Juvenile Justice workers to achieve target outcomes and provide a quality service to the young person.

FAMILY INTERVENTION SERVICE

Service outlineThe Family Intervention Service is a short-term family intervention model which focuses on identifying and addressing issues of concern to the family. The model makes use of the effective practice principles of pro-social modelling and collaborative problem solving.

The service is based upon the principle of participant empowerment, whereby family members are encouraged to take responsibility for their issues and work to address them. The primary role of the service provider is to set the intervention structure and ensure participant issues are solvable and relevant to the young person’s offending behaviour.

At the commencement of the intervention the service provider will work to engage family members and help them understand what will occur.

The sessions follows a six step model involving setting ground rules, identifying those issues the family would like to change, prioritising issues, developing goals, exploring issues in detail and developing strategies to achieve agreed goals. The conclusion of the intervention includes the development of maintenance strategies to ensure positive changes are sustained.

Program delivery must be flexible in terms of session times, length, location and language used, to accommodate family and individual participant strengths and weaknesses.

Program durationThe model involves 6 – 10 sessions, conducted approximately weekly.

FundingThe Family Intervention Service has funding options for service delivery:

Option 1: A full time load will be 10-12 cases per week per 2 workers. Providers will be contracted to provide services at a half FTE rate (x 2 positions), servicing 30 families per year with funding of $79,320.

Option 2: A single fulltime or part time worker who delivers the intervention in partnership with the JJO. A single worker will be contracted to support 32 families per year with funding of $79,320. A half time worker will be contracted to support 16 families per year with funding of $36,660.

Resources required:

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The program is delivered by 2 workers to ensure continuity of the counselling relationship and worker safety. Co-counselling also provides an opportunity for workers to model pro-social behaviours throughout the sessions. SHORT TERM CRISIS ACCOMMODATION SPECIFICATIONS

Service outline:Short term crisis accommodation is provided for clients who do not have access to stable or safe accommodation.

The basic service is the provision of safe accommodation, with supervision provided between 3pm and 9am daily. The level of supervision will need to be appropriate to meet the needs of young people with medium to high risk of reoffending. Additional supervision should be made available if required by Juvenile Justice. Services must have the capacity to place young people at short notice.

The service will also provide casework support. This will include elements of the casework support service, and accommodation focused case work such as researching longer-term accommodation options and developing an appropriate accommodation transition plan. This may involve facilitating access to family restoration programs, supported medium to long term accommodation or to the out-of-home care system.

Program duration:Crisis accommodation is for a maximum of 28 days. The service will aim to transition clients from Crisis Accommodation as soon as is appropriate.

Funding:The funding per bed per year is $55,011. .An additional casework support element will funded at $19,830 maybe requested for the service. This service will support a minimum of 13 young people per bed per year.

Resources required:Accommodation designed specifically for disadvantaged children and young people. The service will also require suitably trained staff with skills to work with adolescents exhibiting challenging casework needs and behaviours.

LONG TERM ACCOMMODATION SUPPORT

Service outlineThe Long Term Accommodation Support Program provides long term, stable accommodation for homeless clients 16-18 years of age, along with individual case management support to successfully transition clients towards independent living.

The accommodation support component of the program consists of the provision of immediate accommodation to be followed by a staged tenancy support process, undertaken in conjunction with Juvenile Justice, Housing NSW and a community housing provider. At the conclusion of the support period, the client should be established in their own independent accommodation.

This service may extend beyond the period of Juvenile Justice supervision of a young person. At this stage the program will assume case management of the young person.

The individual case management program component will cover the broad spectrum of client need, including the development of independent living skills and addressing offending related needs, such as education/training/employment, health, counselling and social supports. Where these needs cannot be met directly by the service provider, the provider will facilitate access and foster and support the young person’s participation.

The aim of the program is to foster and develop resilience and life skills and facilitate the client’s supported transition into independent living.

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Program durationThe program runs for 52 weeks, with support gradually decreasing over the 12 months.

As outlined in the ‘How We Will Together’ document, Juvenile Justice will identify target outcomes at the time of referral.

This initial intensive support agreed at the referral meeting will focus upon immediate needs and achieving identified target outcomes. As outcomes are met, support becomes less intensive. The final phase will commence upon the client’s establishment in independent accommodation, with aftercare including advocacy and referral to local community services and supports.

FundingService providers will be funded at $88,865 (includes an administrative component) to provide a fulltime worker who is expected to carry a caseload of 4 young people.

Program referralJuvenile Justice will refer young people to the program according to their assessed risk and need, and their suitability for the program. The program provider will work with the client, the Juvenile Justice case worker and any relevant partner agencies, such as NSW Housing or Community Housing Providers, to develop appropriate case plan goals.

Resources required:The capacity to provide stable long term accommodation designed specifically for disadvantaged children and young people. The service will also require suitably trained staff with skills to work with adolescents to maintain accommodation through the provision of independent living programs and support. Workers must also have the capacity to work successfully with young people exhibiting challenging casework needs and behaviours.

EMPLOYMENT PLACEMENT AND SUPPORT

Service outline:Employment Placement and Support provides assistance in obtaining and retaining paid employment in the open labour market, generally with full award wages and conditions.

Program providers will be responsible for the provision of assistance in acquiring basic job search skills, for matching clients to appropriate employment placements, for supporting clients through the transition to work period, and for the provision of ongoing support during the client’s initial paid employment period.

Program providers are also required to work concurrently with employers to source and develop appropriate employment placements, to ensure appropriate on-the-job training and support is given to the young person and to establish workplace-based support mechanisms that will assist the client to maintain their employment following the conclusion of the program.

Service duration:The service will be provided for 26 weeks, of which at least 13 weeks must include the client participating in paid employment of at least 15 hours per week.

Funding:The service will be funded $296,120 to support 44 clients per year at a unit cost of $6,730 per client.

Resources required:Initial support will be intensive to successfully negotiate an appropriate job placement and transition the client into employment. Ongoing support will assist the client to maintain their employment.

CoverageThe service will provide source employment opportunities and provide support to clients across the Juvenile Justice Region.

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ATTACHMENT 2: PROJECT PLAN

This Attachment forms an annexure to the Funding Agreement between Juvenile Justice and you.

A. Service Provision

o Please provide specific details regarding how the service(s) will be provided for each service type and each location.

o For Family Intervention Service please specify Option1 or 2 as outlined In Attachment 1A.

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B. Aboriginal Participation and Outcome Plan:

In developing your plan, please take into account the following points:

o What type of cultural awareness training have you provided for staff; and what ongoing learning opportunities do you provide to support staff to maintain their cultural awareness?

o Please describe how your organisation engages with Aboriginal organisations?

o How does your organisation consult with the Aboriginal community to ensure case planning is effective?

o Are there any Aboriginal people on your management committee? If not, how would you encourage participation?

C. Equity Plan

Develop an Equity Plan to meet the particular needs of the following groups:

o girls and young womeno young people with disabilities (may include intellectual, psychiatric, sensory and physical

disabilities)o young people from culturally and linguistically diverse (CALD) backgrounds

H. Consultation & Collaboration:

Describe how the project/service consults and collaborates with stakeholders and partners, as well as committees associated with the project.

I. Project outcomes: This will be linked to reporting on Annual Activities and Performance Measures documents (Attachment 4B)

o The Performance Measures (Attachment 4B) will be used to measure the project/ service performance (i.e. the standard by which the success of activities can be measured.)

o Please provide details of any additional performance measures

o Please provide details of any other proposed evaluation mechanisms

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ATTACHMENT 3: BUDGET


This Budget Template is for estimating yearly costs associated with the key service components. This information will be used by Juvenile Justice to consider whether: The breakdown of costs is a reasonable mix of administrative/on costs and client service

delivery (value for money). The breakdown of costs in the organisation’s budget for the service supports your ability to

deliver the services and fulfil the performance targets outlined in the Funding Agreement for the service.

The Budget Template has been developed in compliance with the National Standard Chart of Accounts (NSCOA).

ITEM $ Per Annum

A. INCOME

Grants (Commonwealth)

Grants (State)

Grants (Local)

Other Income

Total

B. STAFF SALARIES

Salaries and Wages

Salaries and Wages on Costs

Total

C. OPERATING COSTS

Staff Training

Volunteers

IT

Communication

Rent

Insurance

Office Costs

Utilities

Motor Vehicles

Transport/ Travel

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Depreciation

Other

Total

D. SERVICE COSTS

Programme Costs

Client transport

Research and Evaluation

Advertising and Promotion

Brokerage

Language and Cultural Services

Total

E. MANAGEMENT COST

Management Fee

Accounting Fees

Audit Fees

Auspicing Fees

Fees and Permits

Board/ Governance Expenses

Total

Budget Total B+C+D+E=

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ATTACHMENT 4A: RECORDS AND REPORTS


You must prepare and submit to Juvenile Justice the reports meeting the description and requirements specified below, at the times and frequency specified below. Juvenile Justice may prescribe the form of reports and manner of submission by written notice to you from time to time.

(a) You must provide to Juvenile Justice a copy of your constitution or memorandum and Articles of Association, if requested.

(b) You are required to maintain minimum organisational records (including accounting and financial records) under the various forms of incorporation legislation in external scrutiny of the organisation’s yearly activities.

(c) You are required to maintain a complete set of accounting records and financial records, including:

Cash Book Bank Deposit Book Cheque Butts Petty Cash Book Pre-numbered Official Receipt Book Monthly Bank Reconciliation of Cash Book Documentation of all Expenditure with evidence of approval (e.g. Management

Committee of Officers as authorised under the organisation’s approved constitution) Wages Records/Time Sheets (where staff are employed).

The above may be encompassed in an adequate computerised accounting system.

(d) You must maintain a record of the SACS-ERO eligible positions funded through Juvenile Justice and any period during which those positions were vacant during the funding period.

(e) You must submit the following financial reports for JSP funded projects:

Audited Income and Expenditure Statement within 3 months of the end of each financial year

A budget (Attachment 3) for each financial year, 14 days prior to the start of each financial year

All financial reports must comply with Australian Accounting Standards issued by the Australian Accounting Standards Board, as amended from time to time.

(f) Annual Activities and Outcomes Report (Attachment 4B) is to be submitted within a month of the end of each financial year.

(g) All reports must be sent to: (INSERT NAME AND POSITION)

(h) Reports should be submitted in accordance with this Attachment and the conditions for payment outlined in Item 2 of Attachment 1.

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ATTACHMENT 4B: ANNUAL ACTIVITIES AND PERFORMANCE MEASURES REPORT


You are required to provide information to Juvenile Justice regarding services provided. For purposes of accountability and monitoring, you are expected to maintain systems that collect the following information:

Organisation:Project/Service:Reporting Period:

Outline the involvement of young people in the planning and delivery of the project/service?

Outline key collaboration and/or interactions between the organisation, other NGOs, government departments and services in the period, relating to the project/services.

How has the Aboriginal Participation Plan been met by the service (i.e. outcomes). Refer to Attachment 2.

How has the Equity Plan met the particular needs of the following groups:

girls and young women young people with disabilities (may include intellectual, psychiatric,

sensory and physical disabilities) young people from Culturally and Linguistically Diverse (CALD)

backgrounds

Please attach any other relevant information that demonstrates activities and outcomes that have been achieved throughout the last funding year

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ATTACHMENT 4B (cont.): PERFORMANCE INDICATORS

Casework Support

Key Performance Indicators Results

Number of Referrals received

Percentage Referrals Accepted

Percentage of Target Outcomes Achieved per young person

Percentage of Young People accepted who received Casework Support service

Percentage of young people who received Casework Support that participated in the following casework activities:

- Recreation/leisure

- Parenting support

- Accommodation support

- Navigating Centrelink services & other financial services

- Pre-vocational training and on-the-job-training

- Access to Education

- Access to Educational Support

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- Job search skills development

-Social and personal development

- Aboriginal and Torres Strait Islander cultural support

- Cultural support for CALD young people

- Living skills development

-Transport assistance

- Development of family /household management skills

- Financial Advice and Guidance

- Linkage support

Average number of hours (length of support) provided per young person):

Average number of contacts per week with young people

Average time to achieve target outcome

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Crisis accommodation




Percentage of Young People accepted who received Crisis Accommodation service

Average number of days in Crisis Accommodation

Percentage Number of young people transitioned to:

a) Family Restoration

b) Supported Accommodation

c) Private rental

d) Living with other family members/ friends

e) Boarding House

f) Other (Please specify)

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Long term accommodation support




Percentage of Young People accepted who received Long Term Accommodation Support service

Average length of support provided per young person

Average number of placements per young person during service period

Average frequency of contact with young person

Family Intervention




Percentage of Young People accepted who received Family Intervention service

Average number of sessions per referral

Average frequency of sessions per referral

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Employment Placement and Support




Percentage of Young People accepted who received Employment Placement Service

Percentage of Young People accepted who completed 13 weeks of paid employment of at least 15 hours per week.

Average number of hours (length of support) provided per young person

Average frequency (times per week) of contact with young person

Average time from referral to placement in paid employment

This report must be the signed by a person in the organisation who is responsible for the efficient delivery of the project / service.

I certify that the terms of the funding agreement and the purposes of the program have been met.

Signature: Date:

Position in Organisation:

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ATTACHMENT 4C: INCOME & EXPENDITURE STATEMENT

Recipient Organisation:Name of Project/Service:This Reporting Period:

STATEMENT OF INCOME & EXPENDITURE

Notes BudgetInterim Results Variance % Final

(state period)

(difference between budget and interim result)

INCOME

GrantsGrants (Commonwealth) Operating - RecurrentGrants (Commonwealth) Operating – ERO SupplementGrants (Commonwealth) Operating - Non-recurrentGrants (Commonwealth) - CapitalGrants (State) Operating - RecurrentGrants (State) Operating - ERO SupplementGrants (State) Operating - Non-recurrentGrants (State) - CapitalGrants (Local) Operating - RecurrentGrants (Local) Operating - Non-recurrentGrants (Local) - CapitalGrants - Other

Fundraising - GiftsDonations receivedTax Deductible Donations (Non-public)Donations (Public collections)Non-tax deductible giftsBequests

Fundraising – Contributions Contributions (Members)Contributions (Public)Contributions (Government)Contributions (Philanthropic trusts and corporations)

Trading/Operating ActivitiesSales of GoodsFees and ChargesSponsorship and licensing feesIncome from GamingSales of tickets to performances

Other IncomeInterestRental IncomeDividends ReceivedOther/Sundry IncomeGain on Sale of Non-current Assets

TOTAL INCOME 0 0 0

Department of Police and Justice NSW, Juvenile Justice Funding Agreement January 2013 40

STATEMENT OF INCOME & EXPENDITURE (cont’d)

Notes BudgetInterim Results Variance % Final

EXPENDITURE

Cost of Goods SoldOpening StockPurchasesFreight Inwards(Less: Closing Stock)

Cost of Goods Sold 0 0 0

ExpensesAccounting FeesAdvertising and PromotionAmortisation ExpenseAssets Purchased under $[insert figure]Audit FeesAuspiceBank ChargesBad debtsBusiness Planning CostsCleaningClient Support ServicesClient Support ConsumablesComputer ExpensesConsultancy FeesCredit Card FeesDepreciationDonations PaidEmployment Support and Supervision CostsEquipment Hire/LeaseFees & PermitsFundraising Expenses – GeneralGaming ExpensesInsurance - GeneralInsurance - Public Liability Insurance - Professional IndemnityInsurance - Rental PropertiesInsurance - VolunteersInterest PaidLegal FeesLoss on Sale of Non-Current AssetsManagement FeesMeeting ExpensesMeeting Fees for Management Committee or BoardMembership Fees PaidMotor Vehicle ExpensesPostage, Freight and CourierPrinting & StationeryProperty Management FeesPublications and Information ResourcesRates & TaxesRates – Rental PropertiesRent

STATEMENT OF Notes Budget Interim Variance % FinalDepartment of Police and Justice NSW, Juvenile Justice Funding Agreement January 2013 41

INCOME & EXPENDITURE (cont’d)Results

Rent – Rental PropertiesRepairs & MaintenanceRepairs & Maintenance – Rental PropertiesSalaries & Wages

Commonwealth ERO SupplementState ERO SupplementAnnual Leave ExpenseFringe Benefits TaxLong Service Leave ExpenseRecruitment ExpenseSalary SacrificeSick Leave ExpenseSuperannuationTermination PaymentsWorkers' CompensationSalaries - Other

Security ExpensesStaff AmenitiesSundry ExpensesTelephone & Fax ChargesTenancy and Property Supplies and ServicesTraining & Development (Staff)Travel & AccommodationUtilitiesVolunteer Costs Other (specify)

TOTAL EXPENSES 0 0 0

TOTAL EXPENDITURE

Operating Surplus/(Deficit)TOTAL 0 0 0

SignaturesHon Sec/Treasurer:

President/Chairperson:

Auditor’s StatementI have audited the accounting and associated records relating to the abovementioned project and have received from the

organisation concerned all the information to substantiate that the funds have been expended in accordance with the

conditions of funding.

In my opinion the above statement shows a fair and accurate record of the receipts and payments relating to the project.

I certify that I am a member of the Institute of Chartered Accountants, or a member of the Australian Society of Certified

Practising Accountants or a member of the National Institute of Accountants holding a current Public Practice Certificate,

or a Registered Company Auditor and am not an employee of (INSERT NAME OF AGENCY), or a person who has any

financial interest in (INSERT NAME OF AGENCY).


ATTACHMENT 4D: EQUAL REMUNERATION ORDER STATEMENT

I certify that the ERO supplementary funding received by < Agency Name> from the NSW and Commonwealth governments has been used for SACS-ERO employee expenses only.

I certify that the ERO supplementary funding has been expended as follows:

ERO Supplement Supplement Amount

Amount Expended Amount to be returned to government

Commonwealth

State

Signed Signed

Printed name Printed Name

Position Position

President/Chairperson <Agency Name> Hon Sec/Treasurer <Agency Name>

Date Date

Auditor’s StatementI have audited the accounting and associated records relating to the abovementioned project and have received from the

organisation concerned all the information to substantiate that the funds have been expended in accordance with the

conditions of funding.

In my opinion the above statement shows a fair and accurate record of the receipts and payments relating to the project.

I certify that I am a member of the Institute of Chartered Accountants, or a member of the Australian Society of Certified

Practising Accountants or a member of the National Institute of Accountants holding a current Public Practice Certificate,

or a Registered Company Auditor and am not an employee of (INSERT NAME OF AGENCY), or a person who has any

financial interest in (INSERT NAME OF AGENCY).

Signed Date

Printed name Telephone no.

Position Company


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