Redesigning the NSW Gambling Help system...2020/04/07 · Redesign key recommendations 14 Establish...
Transcript of Redesigning the NSW Gambling Help system...2020/04/07 · Redesign key recommendations 14 Establish...
Delivering the NSW gambling support and treatment systemOffice of Responsible Gambling
Pre-tender information session
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Today’s presenters
Natalie WrightDirector, Office of
Responsible Gambling
Eloise NigroManager, Service Delivery
& Transformation
Rabab HannanParalegal,
Legal Services
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Agenda• About the Office of Responsible Gambling• Gambling in NSW• Overview of the current gambling support & treatment model• Redesigning gambling support and treatment – the journey so far• Key recommendations• The future model• The client journey – present and future• Establishing Regional Service Providers• Information about contracting• Next steps • Q&A
Scope
What we will cover What we won’t cover
Information on the tender process
Some of the key features of the new model
Timeframes and next steps
Questions will be taken on notice and responded to via eTender
X Specifics on the funding model
X Details of the new service specifications
Information on the above will be shared closer to the release of the tender
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About the Office of Responsible Gambling
Develops responsible gaming strategy and public policy advice for the NSW Government
Supports and manages the Responsible
Gambling Fund
Manages a range of grants
programs
Funds the delivery of gambling support
and treatment services
Develops and delivers education
and awareness programs
Funds and commissions
research in the gambling harm minimisation
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Gambling in NSW
Gambling is more common in some regions of NSW.
Average gambling participation rate:
53%
Someone I care about has a gambling problem, how can I help them? What can I do?
Gambling in NSW
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Gambling in NSW
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Overview of current gambling support & treatment model
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The current model
Redesigning services –a client centered approach
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In the treatment and support systemClient journey
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Broad range of clients
Marcus 62,Newcastle.
“I want to take back control of my money
and time”
After I lost my wife, I’d spend every evening in the club on the pokies
and playing keno. I realised I had a problem
when I couldn’t afford a new fridge.
Abbas, 43,Bankstown.
“We’ve got a good life here as a family,
I don’t want to put my relationships
in danger”
I moved to Australia from Egypt and got a good job.
I go to the pub with my workmates, who would
drink and bet on races and sports. I started joining
them and kept it a secret from my wife and family.
I want to stop, but it’s hard.
Scott, 22,Bondi.
“If you’re smart and have enough nerve,
you can win anything”
I work in financial management and loads of the guys bet on anything –
who will get the next promotion at work, the
elections, whatever. Sometimes I have a bad
losing streak and I start to worry about how much
money I’m losing. My brother is threatening
to tell our parents.
Simone, 21,Sydney.
“I love my mum but I don’t want to give her
another cent. I feel like a human ATM”
My mum’s been into gambling for a long time,
pokies, keno, lotto. I never thought much of it until a
year ago when she started asking me for money. I felt bad and thought it was just
a temporary issue, so I gave her what I could.
But it didn’t stop.
Nelly, 46,Wagga Wagga.
“My family live in another state, and I got divorced a few
years ago”
I started spending more time at local club as I was
lonely after my divorce. I like playing the pokies,
it keeps me occupied, and I get to spend time around other people. I don’t tell
many people that I gamble because they might
judge me.
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Redesign key recommendations
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Establish contracts with integrated regional service providers, supported by specialist CALD and Aboriginal providers
Introduce a digital platform to connect clients, providers and the ORG
Expand digital self-service tools, and the use of video and telephone conferencing
Introduce peer support and client guide offerings
Establish a quality standards framework
Implement data-led stewardship and resource allocation across the network by the ORG
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The proposed model
Establishing Regional Service Providers
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Regional Service Providers to deliver:
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Integrated services for every region including delivery of therapeutic and financial counselling
Coordination of referral, scheduling and follow up using provided ICT platform
Promotion and support of expanded digital services and non-counsellinginterventions
Collaboration with specialised CALD and Aboriginal services and delivery of culturally appropriate services, improving the reach and integration of these services
Continuous improvement through data collection and reporting
Support for the ORG’s targeted educationand awareness initiatives
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Implementation of Regional Service Providers
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• Aiming for commencement of RSPs from 1 January 2021
• Will be a staged approach with main service delivery components included such as counselling and community engagement
• Some aspects of the model such as Client Guides and Peer Support workers will be developed in conjunction with the RSPs and launched in years 2-3
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Regional Service ProvidersProposed regions
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Regional Service ProvidersProposed regions:Metropolitan areas
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Who should apply?• Organisations with experience delivering high quality
gambling counselling services
• Organisations with experience delivering integrated gambling support services
• Organisations with strong local population knowledge
• Note: there’s no limit on the number of RSPs a provider can apply for
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The tender process
Stage 1:
Tender opens to market
via the government website eTender NSW
Winter 2020
Stage 2:
Evaluation of tender proposals
Winter 2020 – Spring 2020
Stage 3:
RSP commences from 1 Jan
2021
Summer 2021
New Model for Services –need to network and form a contracting coalition
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Disclaimer• This presentation does not:
• Constitute legal or any other professional advice
• Set a final position for how we may conduct our request for tender
• This presentation is provided for information purposes only to highlight issues and considerations for prospective tenderers
• No guarantee is provided that the information provided is accurate or correct.
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DCS Preference – contract with one legal entity• The new model for services reduces the number of
contracts that will be established
• Existing or new providers who wish to tender may need to network and form coalitions (consortia).
• If a coalition or consortium wishes to tender, DCS prefers to transact with one legal entity.
• The most likely scenario:
Source: https://www.austrade.gov.au/Australian/Education/Services/Working-in-a-consortium/Toolkit/step-5-formalise
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Different types of coalitionsThere are a number of legal constructs that can be established to support a coalition.
Providers must decide what works best for them.Some examples include:
• Prime contractor with subcontracted entities
• Partnerships• Joint ventures
• Incorporated joint ventures
• If there are government entities – lead agencies may choose to bid on behalf of others
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Prime contractor with subcontracted entities• The prime contractor will be the entity that enters
into the contract for the services and may subcontract part of the services to be performed by others.
• The prime contractor is legally liable for the performance of all subcontracted work and the acts and omissions of subcontractors.
• It is desirable for the subcontracts to mirror the primary agreement terms (related to the part of the work subcontracted) to ensure consistency across the contracts and that legal liability falls to the entity responsible for a breach. Source: https://www.austrade.gov.au/Australian/Education/Services/Working-
in-a-consortium/Toolkit/step-5-formalise
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Partnerships• Partnership is a relationship between two
or more parties who share income and losses between themselves.
• Each partner is legally and financially responsible for the actions of the other partners.
• Partners are equals in the arrangement and would be governed by a partnership agreement.
• DCS would transact with the partnership.
Partnership
Common view to profit
Profits divided among
partners
Each partner liable for the
actions of others
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Joint ventures / Incorporated joint venturesJoint venture• A joint venture is where several entities
participate in a single project rather than a continuing business.
• A lead entity will need to be appointed and would be responsible for the joint venture’s members’ performance of the agreement with DCS.
• The joint venture agreement should manage the relationship and legal liability for all members of the joint venture.
• Each party who enters into a joint venture agreement still maintains their separate business as a distinct legal entity.
Incorporated joint venture• Parties can decide to set up their joint venture
as a new company to undertake the joint venture project. This will create a separate legal body that can contract with DCS.
• The incorporation documents will set out how the relationship between the joint venture members and liabilities are managed.
• Being a company, an incorporated joint venture will be subject to the Corporations Act 2001.
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Types of agreements that may be neededPre-tendering
• Teaming or collaboration agreement that considers how the parties will jointly prepare a bid and what happens if they are:
• Members of rival consortia – non-compete
• Successful
• Unsuccessful
Post tender• Agreement to establish and manage
consortium vehicle and respective member responsibilities, benefits and liabilities e.g. Joint venture agreement, partnership agreement, syndicate agreement.
• Agreement prescribed by DCS for the performance of the services.
• Depending on the type of consortium, back to back agreements with consortia members that mirror to the extent relevant the agreement between DCS and the lead consortium entity.
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Government entities and universitiesNSW government agencies• If there are NSW government agencies that wish to join up and
jointly bid, they would need to determine who will lead the bid and what the respective roles of the other entities would be.
• Typically, these agencies would enter into memoranda of understanding to manage how they will govern the bid process as well as the performance of the contract if successful.
Universities• Universities are legal entities in their own right.• They can form consortia and adopt a contracting vehicle similar
to those that are options for other non-government entities.
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Issues to consider• Due diligence on consortium members
• Seek references – ask for these from previous consortium partners while also conducting online and ASIC searches
• Review latest audited accounts and relevant financial information• Check whether consortium members have the necessary insurances
and certifications
• Each member should obtain independent legal advice. Also seek legal advice on the:• Legal implications of forming a coalition and its structure• Governance arrangements• Development of agreements between members
• Seek financial advice on budget, expense management and accounting
• Seek tax advice on establishing a coalition and the relevant tax obligations
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Issues to consider (continued)• Consider the agreements that need to be drafted with consortium members to prepare a joint bid to
ensure it meets tender requirements. If successful, an agreement will need to be drafted to establish and manage the consortium arrangement. This would require you to consider the following:
• Roles, responsibilities and contributions (assign roles and identify gaps, recruitment plans)• Lead entity or managing entity – who and why?• Benefits accrual according to contributions• Governance:
• Decision making processes – quorum, unanimous, majority• Meetings and reviews• Issues resolution
• Process for communicating with funding agency• Timelines, reporting and key performance indicators• Intellectual Property management• Confidentiality and information sharing• Insurance • Withdrawal from consortium – admission of new members
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Recap• Consortium entities will need to work out what
vehicle works best for them – prime contractor with subcontracted entities, partnerships, joint ventures or incorporated joint ventures.
• Agreements for the consortium may be required for both pre-tendering and post tender stages.
• Consider the various issues when setting up a consortium such as governance, roles, expense management, tax and due diligence on members.
• Seek appropriate legal, tax and financial advice on establishing a contracting coalition.
What’s next?
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• Your questions
• Tender to be released mid-2020 via eTender
• Subject to successful tender process, transitional arrangements for the new model will commence in second half of 2020, with an aim of a date of commencement of early 2021
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[email protected] reference number LG/687578
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Questions