FOR THE SUPPLY OF SERVICES TO ASSIST DECDSTUDENTS TO ... · Learning and Engagement Services Panel Deed (8111931) September 2016 . but does not include this Deed or information which

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DATED 2016

PANEL DEED OF AGREEMENT FOR THE SUPPLY OF SERVICES TO ASSIST DECD STUDENTS TO ENGAGE IN

EDUCATION, TRAINING OR EMPLOYMENT AND THE CARE MENTORING PROGRAM

BETWEEN

MINISTER FOR EDUCATION AND CHILD DEVELOPMENT

AND

PROVIDER’S NAME ACN (IF A COMPANY)

Department for Education and Child Development

31 Flinders Street Adelaide SA 5000

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Learning and Engagement Services Panel Deed (8111931) September 2016

TABLE OF CONTENTS

1. DEFINITIONS & INTERPRETATION .......................................................................... 1

2. CONTRACT ADMINISTRATION ................................................................................ 6

3. TERM ......................................................................................................................... 6

4. APPOINTMENT TO THE PANEL ............................................................................... 6

5. FORMATION OF A CONTRACT ................................................................................ 7

6. VARIATION TO SERVICES ....................................................................................... 8

7. PROVIDER’S OBLIGATIONS .................................................................................... 8

8. PROVISION OF SERVICES ....................................................................................... 9

9. PROVIDER’S PERSONNEL AND SPECIFIED PERSONNEL .................................. 10

10. CARE OF STUDENTS .............................................................................................. 10

11. PROVISION OF RESOURCES ................................................................................. 10

12. PREMISES AND LOCATION ................................................................................... 10

13. INSPECTION ............................................................................................................ 10

14. KEY PERFORMANCE INDICATORS ....................................................................... 11

15. REPORTING............................................................................................................. 11

16. RECORDS ................................................................................................................ 11

17. TRAINING, POLICIES, GUIDELINES AND LEGISLATION ..................................... 11

18. INFORMATION SHARING ....................................................................................... 11

19. PROVIDER’S WARRANTIES ................................................................................... 12

20. FINANCIAL ARRANGEMENTS ............................................................................... 12

21. INTELLECTUAL PROPERTY RIGHTS .................................................................... 13

22. DOCUMENTS ........................................................................................................... 14

23. INDEMNITY .............................................................................................................. 14

24. INSURANCE............................................................................................................. 14

25. CONFIDENTIALITY .................................................................................................. 15

26. PROTECTION OF PERSONAL INFORMATION ...................................................... 16

27. SUITABILITY OF PERSONS .................................................................................... 18

28. SUITABILITY OF PERSONS (OTHER OFFENCES) ................................................ 22

29. SUBCONTRACTING ................................................................................................ 22

30. CAPACITY TO PROVIDE SERVICES ...................................................................... 23

31. INFORMATION TECHNOLOGY SECURITY ............................................................ 23

32. FEEDBACK AND COMPLAINTS ............................................................................. 24

33. PUBLICATION OF MATERIALS .............................................................................. 24

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34. DISPUTE RESOLUTION .......................................................................................... 24

35. CONTRACT DISCLOSURE ...................................................................................... 25

36. TERMINATION ......................................................................................................... 25

37. CONFLICT OF INTEREST ....................................................................................... 27

38. PUBLICITY ............................................................................................................... 27

39. NOTICES .................................................................................................................. 27

40. THIRD PARTY AGREEMENTS ................................................................................ 27

41. WORK HEALTH AND SAFETY................................................................................ 28

42. ACTING ETHICALLY ............................................................................................... 28

43. RECORDS MANAGEMENT ..................................................................................... 28

44. COOPERATION WITH INVESTIGATIONS .............................................................. 30

45. CHARTER OF RIGHTS FOR CHILDREN AND YOUNG PEOPLE IN CARE ........... 30

46. MEETINGS ............................................................................................................... 31

47. GENERAL ................................................................................................................ 31

48. ENABLING POWERS .............................................................................................. 33

SCHEDULE 1 DEED DETAILS ............................................................................................. 1

SCHEDULE 2 SERVICES SPECIFICATIONS ...................................................................... 3

SCHEDULE 3 FEES ........................................................................................................... 45

SCHEDULE 4 DECD SCHOOLS / SA GOVERNMENT AREAS ......................................... 48

ANNEXURE A PURCHASE ORDER FOR LEARNING AND ENGAGEMENT SERVICES ANNEXURE B PURCHASE ORDER FOR THE CARE MENTORING PROGRAM ANNEXURE C SCHEDULE TO THE PURCHASE ORDER

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THIS DEED OF AGREEMENT is made 2016

BETWEEN MINISTER FOR EDUCATION AND CHILD DEVELOPMENT a body corporate by virtue of the Education Act 1972 and the operation of the Administrative Arrangements Act 1994 for and on behalf of the Crown in right of the State of South Australia of 31 Flinders Street Adelaide South Australia 5000 (Minister)

AND The Provider specified in Schedule 1 of the address specified in Schedule 1 (Provider)

THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS & INTERPRETATION 1.1 Definitions

In this Deed unless otherwise provided:

1.1.1 ANTS GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

1.1.2 Approved Subcontractor means a subcontractor approved in accordance with clause 29;

1.1.3 Authorised Officer means the person named in Schedule 1 or an appropriately authorised delegate of that person or the DECD officer nominated in the contract management plan;

1.1.4 Background Checks means obtaining and checking information in relation to a particular person including:

(a) previous employment and relevant experience;

(b) verification of qualifications and professional registration; and

(c) reference checks and work history reports;

1.1.5 Business Day means any day that is not a Saturday, Sunday or a public holiday in Adelaide under the Holidays Act, 1910;

1.1.6 Child means a child under the age of 18 years who is under the Guardianship of the Minister or other order or authority;

1.1.7 Commencement Date means the date specified in Schedule 1 or such other date as the Minister in its discretion approves;

1.1.8 Confidential Information means information disclosed by or on behalf of a Party that: (a) is by its nature confidential or by the circumstances in which it is

disclosed is confidential; or

(b) is designated by the disclosing party as confidential or identified in terms connoting its confidentiality;

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but does not include this Deed or information which is or becomes public knowledge other than by a breach of this Deed;

1.1.9 Contracting and Official Records Standard means the standard relating to record management amended by the Manager (Director), State Records pursuant to section 14(1) of the State Records Act 1997 and which can be found at http://www.archives.sa.gov.au.

1.1.10 DECD means the South Australian Department for Education and Child Development;

1.1.11 DECD School means a Department for Education and Child Development School;

1.1.12 Declaration in Relation to Unlawful Collusion means a declaration in relation to unlawful collusion given by the Provider to the Minister in the procurement process preceding this Deed;

1.1.13 Deed means this deed of agreement between the parties and includes the Schedules and Annexure;

1.1.14 Document means any embodiment of any text or image however recorded, including, without limitation, records and student case management files;

1.1.15 Executive Negotiators means those persons named in Schedule 1;

1.1.16 Expiry Date means the date specified in Schedule 1;

1.1.17 Fees means the fees listed in Schedule 3 and specified in a Purchase Order;

1.1.18 GST means the tax imposed under the ANTS GST Act;

1.1.19 GST Rate means, at any particular time, the rate (expressed as a fraction of the Value of supply) at which GST is payable by the Provider on a Taxable Supply;

1.1.20 Guardianship of the Minister means where the Youth Court has granted guardianship of a Child to the care of the Minister for a specified period not exceeding 12 months or until the Child or Young Person reaches 18 years of age.

1.1.21 Information Privacy Principles means the Cabinet Administrative Instruction No 1 of 1989, also known as the Information Privacy Principles (IPPs) Instruction, and Premier and Cabinet Circular 12, as amended by Cabinet 5 August 2013, which can be found at http://www.archives.sa.gov.au.

1.1.22 Insolvency Administration means, if the Provider is a company:

(a) an administrator is appointed to the Provider or action is taken to make such an appointment;

(b) the Provider resolves to be wound up;

(c) an application is made to a court for an order or an order is made that the Provider be wound up (whether on grounds of insolvency or otherwise);

(d) the Provider ceases to carry on business;

(e) a receiver or a receiver and manager of property of the Provider is appointed whether by a court or otherwise;

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(f) an application is made to a court for an order appointing a liquidator or provisional liquidator in respect of the Provider or one of them is appointed, whether or not under an order;

(g) the Provider enters into a compromise or arrangement with its creditors or a class of them; or

(h) the Provider is or states that it is unable to pay its debts when they fall due.

1.1.23 Insolvency Administration means, if the Provider is an incorporated association:

(a) the Provider has proposed a compromise or arrangement with its creditors;

(b) an administrator is appointed to the Provider;

(c) the Provider resolves to be wound up voluntarily;

(d) the Provider appoints a liquidator to wind up its affairs;

(e) the Provider is wound up by the Supreme Court, voluntarily or under the Associations Incorporation Act 1985 (SA) or the Corporations Act 2001 (Cth);

(f) the Provider ceases to carry on business; or

(g) the Provider is unable to pay its debts.

1.1.24 Insolvency Administration means, if the Provider is a natural person:

(a) the Provider has committed an act of bankruptcy as contemplated by the Bankruptcy Act 1966 (Cth);

(b) the Provider is unable to pay his or her debts as and when they become due and payable;

(c) the court has made a sequestration order against the Provider’s estate;

(d) a creditors’ petition has been presented against the Provider;

(e) the Provider has presented to the Official Receiver a declaration of intention to present a debtor’s petition;

(f) the Provider becomes a bankrupt;

(g) a meeting of creditors of the Provider is convened; or

(h) the Provider lodges with his or her trustee a proposal to his or her creditors for a composition in satisfaction of his or her debts or a scheme of arrangement of his or her affairs

1.1.25 Intellectual Property Rights means any patent, copyright, trademark, trade name, design, trade secret, know how or other form of intellectual property right whether arising before or after the execution of this Deed and the right to registration of those rights;

1.1.26 ISG means the Government of South Australia’s Information Sharing Guidelines for Promoting the Safety and Wellbeing of Children, Young People and their Families 2008 strategy endorsed by Cabinet in October 2008 for implementation across South Australia as amended from time to time, a copy of which can be found at DECD website;

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1.1.27 ISMF means South Australian Government Information Security Management Framework;

1.1.28 Key Performance Indicators or KPIs means the key performance indicators referred to in clause 14;

1.1.29 Laws means all Acts of Parliament of the Commonwealth of Australia and the State of South Australia and the requirements of all ordinances, regulation, by-laws, orders and proclamations;

1.1.30 Learning and Engagement Services means those services provided to DECD students to engage in education, training or employment as described in Parts A, B and C of Schedule 2 or a Purchase Order;

1.1.31 Materials means all Documents, data, computer programs, computer discs and other material and things prepared by the Provider or Provider Personnel in relation to the Services arising out of or in connection with this Deed or a Purchase Order;

1.1.32 Minister’s Representative means the person named in Schedule 1;

1.1.33 Official Record means any Document created by the Provider pursuant to the provision of Services under this Deed or a Purchase Order and any other data as required by the Minister but does not include the exceptions specified in section 3(1) in the definition of ‘official records’ in the State Records Act 1997 (SA);

1.1.34 Panel means the panel of providers formed by the Minister to provide the Services;

1.1.35 Parties means the Minister and the Provider and a Party means either of them;

1.1.36 Performance Review means a review of the Provider’s performance in accordance with the Services Specification;

1.1.37 Principal means the principal of a DECD School;

1.1.38 Provider means the entity named in Schedule 1;

1.1.39 Provider Personnel means all agents, sub-contractors, volunteers and persons employed or engaged by the Provider to perform the Services for the Minister and includes Specified Personnel;

1.1.40 Provider’s Representative means the person named in Schedule 1;

1.1.41 Purchase Order means a purchase order for the provision of Learning and Engagement Services in the form attached in Annexure A and/or for the provision of The Care Mentoring Program in the form attached in Annexure B;

1.1.42 Request for Services means a request by the Minister (whether written or oral) in accordance with clause 5 for the Provider to perform Services for a specified period;

1.1.43 Services means, where relevant, either Learning and Engagement Services and/or The Care Mentoring Program;

1.1.44 Services Specification means the specification and protocols contained in Schedule 2;

1.1.45 Specified Personnel means the person named in a Purchase Order or such other person as may be substituted to the position pursuant to clause 9.3;

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1.1.46 Staff-Student Ratio means the ratio specified in Schedule 2;

1.1.47 Student means a student enrolled or eligible to be enrolled in a DECD School;

1.1.48 Tax Invoice has the meaning attributed to it in the ANTS GST Act;

1.1.49 Taxable Supply has the meaning attributed to it in the ANTS GST Act, and also means any component of a Taxable Supply that is treated as a separate supply under the ANTS GST Act;

1.1.50 Term means the period described in clause 3 and includes any period of extension;

1.1.51 The Care Mentoring Program means mentoring services provided to Children and Young People under Guardianship of the Minister as described in Part D of Schedule 2 or a Purchase Order;

1.1.52 Training Sessions means those training sessions described in Schedule 2, a Purchase Order and as required by the Minister from time to time;

1.1.53 Value of a Taxable Supply has the meaning attributed to it in the ANTS GST Act; and

1.1.54 Young Person means a person enrolled as a DECD student or a person who is under the Guardianship of the Minister or other order or authority and includes persons who receive ongoing support from the Minister while they are 18 years of age.

1.2 Interpretation 1.2.1 In this Deed unless otherwise provided:

(a) the clause headings are for convenient reference only and do not form part of this Deed;

(b) a reference to a clause number is a reference to all of its subclauses;

(c) a reference to a clause or Schedule is a reference to a clause or schedule of this Deed;

(d) a word in the singular includes the plural and a word in the plural includes the singular;

(e) a word importing a gender includes any other gender;

(f) a reference to a person includes a partnership and a body corporate;

(g) A reference to a party includes that party’s administrators, successors and permitted assigns;

(h) a reference to legislation includes legislation repealing, replacing or amending that legislation;

(i) a reference to dollars is a reference to Australian dollars;

(j) if the Provider consists of two or more persons, the Provider’s rights and obligations under this Deed benefit or bind them jointly and severally; and

(k) where a word or phrase is given a particular meaning other parts of speech or grammatical forms of that word or phrase have corresponding meanings.

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1.3 Documents comprising this Deed 1.3.1 This Deed incorporates any schedules and annexure attached to it.

1.3.2 In resolving inconsistencies in this Deed:

(a) this Deed (excluding the Schedules and the Annexure),

(b) the Schedules; and

(c) the Annexure,

have priority in that order. 1.4 Recitals

The parties agree that the recitals are true and correct and that they form part of this Deed.

2. CONTRACT ADMINISTRATION 2.1 The Parties appoint the persons named in Schedule 1 as their respective

Representatives. Each Representative has authority to:

2.1.1 exercise all of the powers and functions of his or her Party under this Deed other than the power to amend this Deed; and

2.1.2 bind his or her Party in relation to any matter arising out of or in connection with this Deed.

2.2 A notice served on a Representative is taken to be notice to that Representative’s Party.

3. TERM 3.1 The term of this Deed limits only the period of time in which Requests for

Services may be placed.

3.2 This Deed commences on the Commencement Date and expires on the Expiry Date, unless terminated earlier in accordance with this Deed or extended in accordance with clause 3.3.

3.3 If the Provider is not in breach of this Deed six months prior to the expiration of the initial term, the Minister may offer to extend the term of this Deed for a further three year period (first extension) on the same terms and conditions of this Deed.

3.4 If the Provider is not in breach of this Deed six months prior to the expiration of the first extension, the Minister may offer to extend the term of this Deed for a further three year period on the same terms and conditions of this Deed, except that there will be no further option to renew.

4. APPOINTMENT TO THE PANEL 4.1 Subject to this Deed, the Provider is appointed to the Panel to provide the

Services under this Deed if requested from time to time by the Minister.

4.2 Subject to clause 36.5.1, the Provider will remain on the Panel until the expiry or earlier termination of this Deed, whichever occurs first.

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4.3 Nothing in this Deed:

4.3.1 confers upon the Provider the exclusive right to provide the Services to the Minister; or

4.3.2 imposes any obligation on the Minister to deal exclusively with the Provider for the provision of Services.

4.4 The Provider acknowledges that no representation, warranty, guarantee or other statement, express or implied, was made or given to it by the Minister or officers of the Minister prior to entering into this Deed as to:

4.4.1 the extent to which the Provider would be or will be required to provide the Services under this Deed; or

4.4.2 as to any other benefits which the Provider might enjoy as a result of entering into this Deed.

4.5 The Provider acknowledges that :

4.5.1 the Minister is not at any time obliged to engage the Provider to provide the Services; and

4.5.2 the Minister may at any time acquire the Services in any other way, from any other person on such terms and conditions as may be agreed between the Minister and that other person.

4.6 The Minister may admit other service providers to the Panel at any time without notification to the Provider.

5. FORMATION OF A CONTRACT 5.1 The Minister through an Authorised Officer may issue a Purchase Order to the

Provider for the provision of Services from time to time. For the avoidance of doubt, a Principal or a nominated DECD officer will be deemed to be the Authorised Officer for the purpose of signing a Purchase Order.

5.2 Where the Provider agrees to provide the Services requested, the Provider must sign the Purchase Order and return it to the Authorised Officer at which time a contract between the Minister and the Service Provider for the provision of the Services sought is formed.

5.3 The terms and conditions of a Purchase Order between the Minister and the Provider will be:

5.3.1 the relevant terms and conditions of this Deed; and

5.3.2 the terms and conditions in a Purchase Order.

5.4 Unless the Minister otherwise agrees, the Provider must comply with the invoicing and payment procedures set out in Schedule 3.

5.5 If there is any inconsistency between the terms and conditions contained in:

5.5.1 this Deed; and

5.5.2 a Purchase Order,

this Deed prevails.

5.6 Notwithstanding any other provision of this Deed:

5.6.1 the termination of a Purchase Order will not operate to terminate this Deed; and

5.6.2 the termination of this Deed will not terminate any Purchase Order entered into by the Minister and the Provider unless the notice of

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termination provides otherwise, and if a notice of termination specifically preserves a Purchase Order, then such of the clauses of this Deed as are necessary and relevant will continue to have effect in relation to that Purchase Order until its expiry or earlier termination, despite the termination of this Deed.

5.7 No contract is concluded or exists between the Minister and the Provider in relation to the engagement for the provision of Services unless and until a Purchase Order is completed and signed by the Provider and returned to the Authorised Officer.

5.8 Where a contract is formed between the Minister and the Provider for the provision of Services to the Minister, the Provider must perform those Services in accordance with this Deed, the Purchase Order and the Services Specification.

5.9 Any term in any Purchase Order which purports to exclude or limit the liability of the Provider in any way will be void and unenforceable.

6. VARIATION TO SERVICES 6.1 The Minister may at any time give written notice to the Provider proposing a

variation (Variation Proposal) to the list of Services (Varied Services).

6.2 The Provider must provide a written quote for the Varied Services outlining fixed prices within 14 days.

6.3 The Minister may query the quote, accept the quote and/or require the Provider to deliver the Varied Services or cancel the Variation Proposal.

6.4 If the Minister does not respond within 14 days the Variation Proposal will be deemed to be cancelled.

6.5 If the Minister queries a quote in response to a Variation Proposal, then the parties must negotiate in good faith to agree a price and if they cannot agree the Minister may cancel the Variation Proposal.

6.6 If the Minister accepts the quote for the Varied Services:

6.6.1 the Provider must provide the Varied Services upon receipt of a purchase order;

6.6.2 the Minister must pay the price set out in the quote if a purchase order is issued and the Services are supplied by the Provider; and

6.6.3 the terms and conditions of this Agreement will apply to the provision of the Varied Services.

7. PROVIDER’S OBLIGATIONS 7.1 The Provider must perform its obligations and must ensure all Provider

Personnel perform their obligations under this Deed and under any Purchase Order:

7.1.1 at the DECD School/s or Location listed in Schedule 4 and/or a Purchase Order;

7.1.2 professionally, carefully, skilfully and competently;

7.1.3 in a timely and efficient manner;

7.1.4 in accordance with the Staff-Student Ratio;

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7.1.5 in accordance with the best practices current in the Provider’s industry;

7.1.6 in the interests of the Minister without favour to any other person; and

7.1.7 strictly in accordance with any standards referred to in this Deed or in a Purchase Order.

7.2 The Provider must ensure that all Provider Personnel refrain from proselytising at all times whilst providing the Services.

7.3 The Provider must ensure that all Provider Personnel are aware of any provisions of this Deed or a Purchase Order which are relevant to Provider Personnel and comply in full with those provisions.

7.4 The Provider must ensure that Provider Personnel are competent and professional with qualifications, expertise and experience specified in Schedule 2 and appropriate to the tasks they will perform under this Deed or a Purchase Order.

7.5 Nothing in this Deed or any Purchase Order relieves the Provider from its liabilities or obligations under this Deed to provide the Services in accordance with this Deed and a Purchase Order.

7.6 The Provider must:

7.6.1 pay all Provider Personnel remuneration, claims and other entitlements;

7.6.2 comply with the provisions of any relevant legislation, including the

(a) Equal Opportunity Act 1984 (SA);

(b) Work Health and Safety Act 2012 (SA);

(c) Workers Rehabilitation and Compensation Act 1986 (SA);

(d) Superannuation Guarantee (Administration) Act 1992 (Cth);

(e) Payroll Tax Act 2009 (SA);

(f) Income Tax Assessment Act 1936 (Cth) to the extent that the Minister is not required to pay deductions from the Fee

in so far as all legislation relates to Provider Personnel arising out of or in connection with this Deed or a Purchase Order.

8. PROVISION OF SERVICES 8.1 The Provider agrees to provide the Services in accordance with:

8.1.1 this Deed;

8.1.2 a Purchase Order;

8.1.3 relevant Laws;

8.1.4 the requirements set out in Schedule 2 for Learning and Engagement Services and/or for The Care Mentoring Program ; and

8.1.5 KPIs.

8.2 Notwithstanding any other provision of this Deed or a Purchase Order the Provider agrees that it will notify the Minister immediately, and confirm in writing within 24 hours, if the Provider is unable to provide any part of the Services or if there is any likelihood of its inability to provide any part of the Services.

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8.3 If the Provider gives notice to the Minister under clause 8.2, the parties must meet in good faith to determine and agree a future plan for the provision of Services and the Provider must continue to provide the Services until an alternative arrangement has been put in place.

9. PROVIDER’S PERSONNEL AND SPECIFIED PERSONNEL 9.1 Subject to clause 9.3 the Provider must ensure that the Services are

performed by the Specified Personnel.

9.2 The Provider warrants that any Specified Personnel is competent and professional with qualifications and experience appropriate to the tasks they will perform under this Deed or a Purchase Order.

9.3 The Provider may replace Specified Personnel with any person of equal experience, qualification and expertise with the Minister’s prior written consent, which consent must not be unreasonably withheld.

9.4 The Provider must ensure that the Provider Personnel comply with the Relevant History Information in clause 27.

9.5 If in the Minister’s reasonable opinion any Provider Personnel is:

9.5.1 guilty of misconduct;

9.5.2 incompetent or negligent; or

9.5.3 otherwise unsuitable,

the Minister may give the Provider a notice requiring the Provider to cease to engage that Provider Personnel in connection with the Services, in which event the Provider must immediately comply with that notice and provide replacements acceptable to the Minister.

9.6 The Minister reserves the right to refuse entry to the Minister’s premises to any Provider Personnel.

10. CARE OF STUDENTS The Provider will be responsible for all students, Children and Young People placed in the care of the Provider while the Provider is carrying out the Services.

11. PROVISION OF RESOURCES The Provider is responsible for the provision of all personnel, equipment, materials, transport, resources and all other things needed in order to carry out the Services, except to the extent otherwise expressly provided in this Deed or a Purchase Order.

12. PREMISES AND LOCATION The Provider must comply with any requirement of this Deed or a Purchase Order to carry out the Services in a specified location and to supply suitable premises, facilities and amenities unless otherwise specified in the Purchase Order.

13. INSPECTION The Minister may observe and inspect the conduct of the Services at any time and the Provider must make any arrangements reasonably requested to enable the Minister to do so.

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14. KEY PERFORMANCE INDICATORS 14.1 Key Performance Indicators are selected performance criteria chosen to

reflect aspects of the Deed of particular importance to the Minister.

14.2 Providers will be notified of Key Performance Indicators from time to time.

14.3 If in the Minister’s reasonable opinion the Provider fails to meet the notified benchmark against Key Performance Indicators, the Minister may, at the Minister’s absolute discretion, terminate a Purchase Order or this Deed, or both.

15. REPORTING 15.1 The Provider must provide the reports specified in the relevant Part of

Schedule 2, a Purchase Order and any other reports as required by the Minister.

15.2 The Provider agrees to attend and provide reports to any meetings as and when required by the Minister.

16. RECORDS 16.1 The Provider must maintain and retain full and proper Documents of all

Services provided under this Deed or a Purchase Order as required by law or good management practices for a period of seven years from the date of last action or until the DECD student turns 25 years of age, whichever is later.

16.2 The provider must return full and proper Documents of all Services provided under this Deed or a Purchase Order to Aboriginal Students or Children under Guardianship of the Minister within 90 days of the end of service provision to the Minister.

16.3 Such Documents will include case management files, information about learning programs and mentoring services delivered and also includes all data used in the creation of invoices issued pursuant to this Deed or a Purchase Order and any other data as required by the Minister.

16.4 Upon reasonable notice being given, the Provider will make the Documents referred to in this clause available to the Minister and allow the inspection and copying of such records by the Minister.

17. TRAINING, POLICIES, GUIDELINES AND LEGISLATION 17.1 The Provider agrees to comply with and ensure Provider Personnel comply

with all applicable policies, guidelines and legislation specified in Schedule 2.

17.2 The Provider agrees to attend any Training Sessions described in this Deed and as required by the Minister from time to time.

18. INFORMATION SHARING 18.1 To the full extent permitted by law, the Provider agrees to share information in

accordance with the ISG.

18.2 If requested by the Minister, the Provider will provide written information detailing the Provider’s compliance with the ISG.

18.3 The parties acknowledge that this Agreement constitutes a ‘State contract’ for the purpose of the Privacy Act 1998 (Cth).

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19. PROVIDER’S WARRANTIES The Provider warrants and represents to the Minister that:

19.1 subject to clause 29, the Services will be performed personally by Provider Personnel;

19.2 Provider Personnel are competent and suitably qualified and experienced in dealing with and delivering programmes to students in order to undertake the Services;

19.3 the Services will be performed to the highest professional standards;

19.4 the Services will conform to any legally applicable standards;

19.5 Provider Personnel will perform the Services in accordance with the Minister’s instructions and the Services Specifications described in the Schedule 2;

19.6 before entering into this Deed it has disclosed to the Minister all past, current and anticipated interests of the Provider and Provider Personnel which may conflict with or restrict the performance by the Provider of its obligations under this Deed or the performance of Services for the Minister fairly and independently;

19.7 it will not, and it will ensure that any Provider Personnel does not, during the Term, engage in any activity or obtain any interest likely to conflict with or restrict Provider Personnel in the performance of Services for the Minister fairly and independently and that it must immediately disclose to the Minister any such activity or interest.

20. FINANCIAL ARRANGEMENTS 20.1 Fees

20.1.1 The Provider must provide the Services in consideration of payment of the Fees.

20.1.2 The Provider confirms that the Fees are inclusive of all costs and expenses to the Provider to perform the Services.

20.1.3 Except as provided in this Deed, the Provider is liable to pay for government rates, duties, taxes and charges which are payable in respect of the supply of Provider Personnel for the performance of Services.

20.2 Goods and Services Tax 20.2.1 ABN & GST Registration

(a) The Provider represents that:

(i) it is registered under the A New Tax System (Australian Business Number) Act 1999 (Cth), and that the ABN shown in Schedule 1 is the Provider’s ABN; and

(ii) the performance of Services under this Deed or a Purchase Order will be a Taxable Supply.

(b) The Provider acknowledges that should these representations be or become incorrect:

(i) the Minister may be obliged under the Taxation Administration Act 1953 (Cth) to deduct a withholding from the Fees and will not be obliged to gross up the Fees or make any other compensation to the Provider; and

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(ii) if the performance of Services is not a Taxable Supply, the Minister is entitled to reduce the Fees by the amount which would have been attributable to GST had the supply been a Taxable Supply.

20.2.2 Fees inclusive of GST The Fees are inclusive of GST and not subject to adjustment except as expressly provided in this Deed.

20.2.3 Tax Invoice If any supply made under this Deed or a Purchase Order is a Taxable Supply then:

(a) any invoice for such payment must be a Tax Invoice; and

(b) the Minister is not obliged to make any payment under this Deed or a Purchase Order unless the Provider has provided a Tax Invoice in respect of that payment.

21. INTELLECTUAL PROPERTY RIGHTS 21.1 Except as otherwise provided in this clause 21, the Minister owns all

Intellectual Property Rights in all things produced by or on behalf of the Provider or by and on behalf of Provider Personnel in the course of performance of the Services.


21.2.1 disclose all Intellectual Property Rights arising out of or in connection with the performance of the Services; and

21.2.2 do anything necessary to vest the Intellectual Property Rights in all things produced by the Provider or Provider Personnel in the Minister.

21.3 In relation to a Purchase Order, the Minister does not own:

21.3.1 Intellectual Property Rights in the Provider’s methodologies or other proprietary information in existence at or prior to the date of this Deed; or

21.3.2 copyright in existing publications or other work produced by or on behalf of the Provider prior to or otherwise than in the course of performing the Services.

21.4 If this Deed or a Purchase Order is terminated prior to the completion of the Services under a Purchase Order, the Provider must license the Intellectual Property Rights in the prior existing work referred to in subclauses 21.3.1 and 21.3.2 relating to the Purchase Order free of charge to the Minister, if the Minister requires that prior existing work for the purpose of completing the Services.

21.5 The Provider must ensure that in providing the Services it does not infringe the Intellectual Property Rights of any person.

21.6 The Provider must keep the Minister indemnified against all costs, expenses and liabilities whatsoever arising out of or in connection with any claim that the provision of the Services by the Provider infringes the Intellectual Property Rights of any person.

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22. DOCUMENTS 22.1 The Minister owns all Documents produced by or for the Provider or Provider

Personnel arising out of or in connection with this Deed or a Purchase Order.

22.2 Upon termination of this Deed or a Purchase Order, and at any other time upon demand by the Minister, the Provider must deliver to the Minister all Documents provided by or originating from the Minister or DECD and all Documents produced by the Provider and Provider Personnel in the course of performing any Services.

23. INDEMNITY 23.1 Release

23.1.1 To the full extent permitted by law the Provider releases the Minister, its agents, contractors and employees in the absence of any wilful act, omission, default or neglect on their part, from all claims resulting from:

(a) any accident, any damage or loss of property or injury or death of persons occurring on the Provider’s premises or while the Provider or Provider Personnel are carrying out the Services; or

(b) any other cause.

23.2 Public Risk and Professional Indemnity 23.2.1 The Provider must keep the Minister indemnified from any cost, loss,

expense or liability of any kind however suffered or incurred by the Minister in respect of any loss of life, personal injury, loss of or damage to property or any loss arising out of:

(a) any occurrence on the Provider’s premises;

(b) any act, omission, neglect or default of the Provider, Provider Personnel, its servants, agents, sub-contractors or contractors or any breach in the fulfilment of the Provider’s obligations under this Deed or any Purchase Order;

(c) the provision of Services under this Deed or any Purchase Order by the Provider, or Provider Personnel, its servants agents, sub-contractor or contractors.

23.2.2 The Provider’s obligation to indemnify the Minister under this clause must be reduced in proportion to the extent that any act or omission of the Minister gives rise to a legal remedy and contributes to the loss or liability.

24. INSURANCE 24.1 The Provider will maintain in force at its own expense during the Term:

24.1.1 Public Liability insurance in the name of the Provider for not less than the amount specified in Schedule 1 for any one event or such other amount as the Minister may require for any one event;

24.1.2 Professional Indemnity insurance in the name of the Provider for not less than the amount specified in Schedule 1 for any one event and in the aggregate in any one policy period; and

24.1.3 workers compensation insurance in accordance with the applicable Workers Compensation legislation.

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24.2 The insurance to be maintained by the Provider pursuant to this clause 24 must be with insurers who have a Standard and Poors rating of at least A- (or equivalent with another recognised ratings agency).

24.3 The Provider must ensure that the insurance policy referred to in clause 24.1.2 is renewed and maintained for a period of three years from the date of expiration or earlier termination of this Deed.

24.4 Before commencing performance of Services under this Deed or a Purchase Order, the Provider must provide the Minister with insurance certificates of currency for the insurances required under clauses 24.1.1 and 24.1.2.

24.5 The Provider must ensure that any professional services delivered under a Purchase Order are at all times included in the Provider’s insurance policy schedule.

24.6 If the Provider engages a subcontractor or a consultant to provide Learning and Engagement Services, the Provider must ensure that the subcontractor or consultant holds and maintains its own separate professional indemnity insurance policy. If the subcontractor or consultant does not hold and maintain a professional indemnity insurance policy, the Provider must extend its cover to include its subcontractor or consultant.

24.7 The Minister in specifying levels of insurance in this Deed accepts no liability for the completeness of their listing, the adequacy of the sum insured, limit of liability, scope of coverage, conditions or exclusions of those insurances in respect of how they may or may not respond to any loss, damage or liability.

24.8 The Provider acknowledges and agrees that it is the Provider’s responsibility to assess and consider the risks and scope of insurances required under this Deed or a Purchase Order or for the supply of Provider’s Personnel for the performance of Services.

25. CONFIDENTIALITY 25.1 If the Minister, DECD or a DECD School discloses Confidential Information to

the Provider, the following conditions apply:

25.1.1 the Provider must not disclose Confidential Information to any person without first obtaining the written consent of the Minister, DECD or a DECD School (as the case may be);

25.1.2 the Provider must only use the Confidential Information for the purpose of performing Services under this Deed or a Purchase Order and in accordance with any conditions of use notified to the Provider in writing by the Minister, DECD or a DECD School (as the case may be);

25.1.3 the Provider may disclose Confidential Information to Provider Personnel:

(a) only to the extent that and for so long as this is necessary for the purpose of performing Services; and

(b) if the Provider has informed Provider Personnel of the confidential nature of the Confidential Information and has required the Provider Personnel to treat it confidentially.

25.1.4 the Minister may at any time deny access to the Provider or require the Provider to deny access to the Confidential Information to any Provider Personnel and to retrieve from that person the Confidential Information; and

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25.1.5 the Provider must take all reasonable steps to ensure that the confidentiality of the Confidential Information is preserved.

25.2 There will be no breach of the obligations of the Provider under this Deed or a Purchase Order if the Confidential Information is legally required to be disclosed or permitted to be disclosed by this Deed.

25.3 The Provider must notify the Minister immediately it becomes aware of any unauthorised disclosure of any of the Confidential Information.

25.4 If the Provider or any Provider Personnel is or anticipates being legally compelled to disclose the Confidential Information, the following conditions apply:

25.4.1 the Provider must immediately notify the Minister;

25.4.2 the Provider must, at the Minister’s direction and expense, assist and take such steps as will permit the Minister to oppose or restrict that disclosure including, but without being limited to, allowing the Minister to direct the conduct by the Provider or any Provider Personnel of defensive legal action opposing the application for order of disclosure, and allowing the Minister to conduct such defensive legal action on behalf of the Provider or Provider Personnel, provided that the Minister will be responsible for any costs arising from such legal action; and

25.4.3 the Provider must take all lawful measures available to oppose or restrict that disclosure, and (to the extent practicable) make disclosure on terms which will preserve the confidentiality of the Confidential Information to the maximum extent possible.

26. PROTECTION OF PERSONAL INFORMATION 26.1 Generally:

26.1.1 It is a requirement of this Deed that if the Provider is to collect, deal with, store, use and disclose Personal Information in order to provide the Services, the Provider will do so, only in accordance with:

(a) this Deed;

(b) any requirement of South Australian law; and

(c) as directed by the Minister,

and not otherwise.

26.1.2 The Provider must also comply with any obligation that may arise under or in connection with section 95C of the Privacy Act 1988 (Cth) (Privacy Act) and must ensure that the same obligation is observed by any subcontractor of the Provider.

26.2 Conditions The Provider agrees to:

26.2.1 use Personal Information held or controlled by it for the purposes of this Deed or a Purchase Order only for the purposes for which it is collected and for fulfilling its obligations under this Deed or a Purchase Order;

26.2.2 take all reasonable measures to ensure that Personal Information in its possession or control in connection with this Deed or a Purchase

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Order is protected against loss and unauthorised access, use, modification, or disclosure;

26.2.3 comply with the Australian Privacy Principles contained in section 14 of the Privacy Act to the extent that the content of those principles apply to the types of activities the Provider is undertaking under this Deed or a Purchase Order, as if the Provider were an agency;

26.2.4 not act or refrain from acting in such a way as to cause the Minister to breach the Minister’s obligations under the Information Privacy Principles Instruction as contained in Cabinet Administrative Instruction No. 1, which can be found at http://www.archives.sa.gov.au;

26.2.5 cooperate with any reasonable demands or inquiries made by the Minister or the Commonwealth on the basis of the exercise of the functions of the Privacy Commissioner under the Privacy Act including, but not limited to, a request from the Minister or the Commonwealth to comply with a guideline concerning the handling of Personal Information;

26.2.6 ensure that any person who has an access level which would enable them to obtain access to any Personal Information is made aware of, and undertakes in writing, to observe the Information Privacy Principles and other obligations referred to in this clause 26;

26.2.7 comply, as far as practicable, with any policy guidelines laid down by the Minister or issued by the Privacy Commissioner from time to time relating to the handling of Personal Information;

26.2.8 comply with any direction of the Minister to observe any recommendation of the Privacy Commissioner relating to acts or practices of the Provider that the Privacy Commissioner considers to be in breach of the obligations in this clause 26.

26.3 Personal Information 26.3.1 In this clause 26, Personal Information includes any information that

is also ‘Sensitive Information’ or ‘Health Information’.

26.3.2 Nothing in the Deed or a Purchase Order authorises or requires the Provider or any subcontractors of the Provider to use Personal Information for direct marketing (as that term is used in section 16F of the Privacy Act).

26.4 Complaint Process 26.4.1 A complaint alleging any interference with the privacy of an individual

will be handled by the Minister in accordance with the following procedures (which may be varied or replaced by the Minister from time to time):

(a) where the Minister receives a complaint alleging an interference with the privacy of an individual by the Provider, it will immediately notify the Provider of the nature of the complaint, but may only release Personal Information concerning the complainant with that person’s consent;

(b) after notice has been given in accordance with clause 26.4.1(a), it will keep the Provider informed of all progress with the complaint as it relates to the actions of the Provider in connection with the allegation of an interference with the privacy of an individual; and

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(c) the Minister must give the Provider 10 business days written notice of an intention to assume liability, loss or expense in accordance with how that liability or expense was assessed and the Provider’s proposed share of that liability.

26.5 Survival This clause 26 survives the expiration or earlier termination of this Deed.

26.6 No derogation Nothing in this clause 26 derogates from any other obligation of confidentiality, secrecy or security that the Provider owes to the Minister.

26.7 Definitions For the purposes of this clause 26, the terms Personal Information, Sensitive Information, Health Information, agency, Privacy Commissioner, and subcontractor have the meanings specified in the Privacy Act.

27. SUITABILITY OF PERSONS 27.1 Fundamental Term

Despite any other clause, the parties acknowledge that the rights and obligations under this clause are fundamental to this Deed and a Purchase Order.

27.2 Definition of Minister’s Sites In this clause Minister’s Sites means any site of the Minister at which children are or may be present or any site at which Services are provided.

27.3 Definition of Relevant Activity In this clause Relevant Activity means the provision of the Services or other activities by the Provider or its Relevant Personnel at or in relation to the Minister’s Sites.

27.4 Definition of Relevant History Information In this clause Relevant History Information means:

27.4.1 an assessment of a person’s history within the meaning of section 8B of the Children’s Protection Act 1993 by the authorised screening unit established under the Children’s Protection Regulations 2010 or a screening unit otherwise prescribed by regulations made under the Children’s Protection Act 1993 or such other screening unit as the Minister directs;

27.4.2 consent from the Relevant Personnel to use that assessment for the purposes of this clause; and

27.4.3 any other information reasonably required by the Minister to enable it to establish whether the Relevant Personnel is a suitable person to be involved in the Relevant Activity.

27.5 Definition of Relevant Personnel In clauses 27 and 28, Relevant Personnel means in relation to the Provider the following persons insofar as they are involved in the Relevant Activity:

27.5.1 itself (where it is an individual);

27.5.2 all its directors, officers, employees, agents, volunteers and invitees;

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27.5.3 all its contractors (where they are individuals); and

27.5.4 all directors, officers, employees, agents, volunteers and invitees of its contractors.

27.6 Definition of Unsuitable Persons In this clause Unsuitable Person means a person who is the subject of any allegation, arrest, charge or conviction for a sexual offence or an offence of indecency.

27.7 Relevant History Information 27.7.1 The Provider must:

(a) prior to its first use of a Minister’s Site; and

(b) at such other times as either or both the Provider and the Minister determine are necessary or desirable for the purpose of establishing or maintaining child safe environments,

provide complete and current Relevant History Information to the Minister in relation to:

(c) all of its Relevant Personnel appointed to or engaged to act in prescribed positions within the meaning of section 8B of the Children’s Protection Act 1993 where the Relevant Activity is provided wholly or partly for children; and

(d) any of its Relevant Personnel as required by the Minister.

27.7.2 The Minister may (but need not) conduct any investigations it considers necessary in respect of any matter contained in Relevant History Information and the Provider must ensure that it and its Relevant Personnel cooperate fully with any such investigation.

27.8 No Unsuitable Persons The Provider must not permit or allow, and must procure that its contractors do not permit or allow, an Unsuitable Person who is a Relevant Personnel to:

27.8.1 be involved in the Relevant Activity; or

27.8.2 otherwise be present at any of the Minister’s Sites.

27.9 Steps Required where Unsuitable Person Without limiting anything else in this clause, if the Provider is or becomes aware that it or any Relevant Personnel is an Unsuitable Person, it must:

27.9.1 procure the immediate removal (where relevant) and ongoing exclusion of the Unsuitable Person from the Minister’s Sites;

27.9.2 procure the immediate and ongoing exclusion of the Unsuitable Person from involvement in the Relevant Activity;

27.9.3 take all immediate and ongoing steps necessary to protect any children on, or who have been on, the Minister’s Sites from harm as a consequence of the presence, removal or ongoing exclusion of the Unsuitable Person, including without limitation:

(a) notifying South Australia Police about the Unsuitable Person as necessary;

(b) making a notification of abuse or neglect in accordance with the Children’s Protection Act 1993 as necessary including by means of the Child Abuse Report Line maintained by Families

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SA (131 478) or such other report line as the Minister or South Australian Government publicly notifies;

(c) providing support to children and families as necessary;

(d) providing supervision of any children for whom the Provider provides the Relevant Activity on the Minister’s Sites;

(e) all other steps otherwise required under this clause; and

(f) any other protective action as necessary;

27.9.4 immediately notify the Minister in writing of all known facts about the circumstances in which the Unsuitable Person has been in any way involved in the Minister’s Sites;

27.9.5 provide on an ongoing basis full details to the Minister of the circumstances relating to the Unsuitable Person as and when those details become known to the Provider; and

27.9.6 comply with any reasonable direction of the Minister with respect to the Unsuitable Person.

27.10 Imposing Obligations on Relevant Personnel The Provider must ensure that:

27.10.1 all Relevant Personnel are aware of and act in a manner consistent with the provisions of this clause at all times; and

27.10.2 all Relevant Personnel (not being the Provider) immediately inform the Provider if the Relevant Personnel is subject of any allegation, arrest, charge or conviction for a sexual offence or an offence of indecency.

27.11 Child Safe Environments In addition to all other obligations under this Deed and a Purchase Order, where the Provider is an organisation to which section 8C of the Children’s Protection Act 1993 applies, the Provider must:

27.11.1 have in place appropriate policies and procedures to ensure that, as required by the Children’s Protection Act 1993:

(a) child safe environments are established and maintained; and

(b) appropriate reports of child abuse and neglect are made; 27.11.2 lodge the statement required by the Children’s Protection Act 1993

about the Provider’s child safe policies and procedures with Families SA, or such other government agency as the Minister or South Australian Government publicly notifies (Successor Children’s Protection Agency), within 10 business days after putting in place those policies and procedures;

27.11.3 respond, as soon as reasonably practicable (and in any case within 10 business days), to any written request by Families SA, Successor Children’s Protection Agency or the Minister for information relating to the Provider’s compliance with the requirements of this clause; and

27.11.4 execute and provide to the Minister prior to the Provider’s first use of any Minister’s Site a truthful declaration in the following terms:

“I/We declare that the Provider:

• has appropriate policies and procedures in place to:

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o ensure that child safe environments are established and maintained as required by the Children’s Protection Act 1993; and

o ensure that appropriate reports of child abuse and neglect are made as required by the Children’s Protection Act 1993;

• has obtained and provided to the Minister Relevant History Information in relation to:

o all Relevant Personnel appointed to or engaged to act in prescribed positions within the meaning of section 8B of the Children’s Protection Act 1993 where the Relevant Activity is provided wholly or partly for children; and

o any of its Relevant Personnel as required by the Minister;

• has lodged a statement setting out its child safe policies and procedures with Families SA or Successor Children’s Protection Agency; and

• will notify the Minister of any change in the Relevant History Information in relation to any Relevant Personnel or suitability of any Relevant Personnel.

In this declaration capitalised terms have the meaning given in the contract under which this declaration is required.

I/We declare that I/we have full authority to execute this declaration for and on behalf of the Provider …………………………………………………………(signature) ………………………………………………………… (name and title) …………………………………………………………(date)” *

* Do not complete this form. It is a template document only. You will need to complete a separate declaration in the form shown above and provide that to the Minister.

27.12 Effect of Non-Compliance 27.12.1 If:

(a) the Provider is an Unsuitable Person; or

(b) any Relevant Personnel (not being the Provider) is an Unsuitable Person and the Provider does not strictly, fully and immediately comply with any or all of its obligations under this clause,

then the Minister may in its absolute discretion, without limiting any other remedy, suspend or terminate this Deed and following such suspension or termination the Provider must for so long as the Minister directs:

(c) provide on an ongoing basis full details to the Minister of the circumstances relating to the Unsuitable Person as and when those details become known to the Provider; and

(d) comply with any reasonable direction of the Minister with respect to the Unsuitable Person.

27.12.2 Any exercise by the Minister of its rights under this clause:

(a) does not limit the Minister’s right to pursue any claim against the Provider arising in respect of a breach by the Provider of its obligations under this Deed or a Purchase Order; and

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(b) will not give rise to any liability owing to the Provider or the Relevant Personnel.

27.13 Compliance with Security Practices and Procedures The Minister may inform the Provider of any security practices and procedures in relation to child safe environments implemented by the Minister or the South Australian Government and the Provider must comply with those procedures at all times.

27.14 References to Legislation A reference to any legislation or to any provision of any legislation includes:

27.14.1 all legislation, regulations, proclamations, ordinances, by-laws and instruments issued under that legislation or provision; and

27.14.2 any modification, consolidation, amendment, re-enactment or substitution of that legislation or provision.

27.15 No Derogation Nothing in this clause relieves the Provider of any obligation under this Deed or a Purchase Order.

27.16 Priority To the extent of any inconsistency between the rights and obligations under this clause and under the provisions of any other clause in this Deed or a Purchase Order, including any provisions relating to termination or remedies, this clause prevails.

28. SUITABILITY OF PERSONS (OTHER OFFENCES) 28.1 Other Offences In addition to any other rights of the Minister and obligations of the Provider

under this Deed or a Purchase Order, if any Relevant Personnel as defined in this Deed is the subject of an allegation, arrest, charge or conviction for:

28.1.1 any offence of violence or deprivation of liberty (whether indictable or not) or other indictable offence; or

28.1.2 any other offence that the Minister notifies the Provider in writing the Minister considers renders the Relevant Personnel unsuitable to be involved in the Services,

(Other Offences) that Relevant Personnel will be an Unsuitable Person for the purposes of this Deed or a Purchase Order and the Provider must treat that Relevant Personnel as an Unsuitable Person, subject to clause 28.2.

28.2 Additional Matters The Provider’s obligations under clause 27.10.2 are extended to apply in relation to Relevant Personnel who are subject of any allegation, arrest, charge or conviction for an Other Offence.

29. SUBCONTRACTING 29.1 The Provider may subcontract any part of the Learning and Engagement

Services provided any such subcontractor is listed and approved by the Minister in a Purchase Order - Learning and Engagement Services.

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29.2 Subject to clause 29.1 the Provider must not subcontract any part of the Learning and Engagement Services without the prior written approval of the Minister.

29.3 The Provider must not subcontract services to an organisation which has previously been assessed by DECD and deemed unsuitable for delivery for the service which is being subcontracted.

29.4 For the purposes of requesting the Minister’s approval of any proposed subcontractor, the Provider must provide a timely written request with all relevant details of the qualifications, expertise and suitability of the proposed subcontractor.

29.5 The Minister’s approval is only effective if given by written notice to the Provider.

29.6 The Provider remains responsible for obligations performed by a subcontractor to the same extent as if such obligations were performed by the Provider.

29.7 Nothing in this Deed or a Purchase Order relieves the Provider from its liabilities or obligations under this Deed or a Purchase Order to provide the Learning and Engagement Services in accordance with this Deed or a Purchase Order.

30. CAPACITY TO PROVIDE SERVICES 30.1 The Provider agrees to provide the Minister with any information the Minister

reasonably requires to enable the Minister to form a view as to the Provider’s capacity to perform the Services.

30.2 The Provider will notify the Minister as soon as the Provider is aware that the Provider does not have the capacity to provide the Services in accordance with this Deed generally and in particular with clause 7.

30.3 The Provider must notify the Minister in writing as soon as the Provider is aware that the Provider is being investigated for breach of legislation, a policy or code by the Federal government, State government, a regulatory or industry body.

31. INFORMATION TECHNOLOGY SECURITY 31.1 If the Provider has access to the DECD computer systems, whether at the

Minister’s premises or remotely, the Provider must:

31.1.1 only use those computer systems and programmes licensed to the Minister which the Minister specifically authorises for performance of the Services and only in a manner as directed by the Minister from time to time; and

31.1.2 ensure that Provider Personnel also comply with the obligation contained in subclause 31.1.1 concerning computer systems.


31.2.1 notify the Minister immediately of any unauthorised use of the Minister’s computer systems or programs of which it becomes aware; and

31.2.2 ensure that Provider Personnel also comply with the obligations contained in subclause 31.2.1 concerning computer systems.

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32. FEEDBACK AND COMPLAINTS 32.1 The Provider will actively promote the rights and responsibilities of clients,

carers, advocates and staff in relation to feedback and complaints and will establish a feedback and complaints mechanism, recognising complaints and feedback made.

32.2 The Provider will ensure that clients, carers, advocates and staff are afforded easy access to information regarding their feedback and complaint systems, policies and procedures and if requested by the Minister, will provide written information detailing the organisation’s feedback and complaints processes, as well as such further information as reasonably required.

The Provider must make external complaint avenues such as the DECD Complaint Unit, Office for Health and Community Services Complaints Commissioner into its feedback and complaints processes.

33. PUBLICATION OF MATERIALS Prior to the Provider undertaking any research or data collection arising from the Materials or any information collected, including any personal information of carers and Children and Young People under a Purchase Order, the Provider must advise and seek the written consent of the Minister regarding the proposed use of the research or data collection. Any consent will be at the sole discretion of the Minister.

34. DISPUTE RESOLUTION 34.1 Disputes in relation to this Deed or a Purchase Order must be resolved in

accordance with this clause.

34.2 Either Party may seek immediate interlocutory relief or an interim remedy in a case of genuine urgency.

34.3 Subject to subclause 34.2 all disputes must be resolved as follows:

34.3.1 each Party must submit the dispute to one of its senior officers who has not previously been involved in the dispute (Negotiators) within five days of the dispute arising;

34.3.2 the Negotiators must meet as soon as practicable to resolve the dispute;

34.3.3 if the Negotiators cannot resolve the dispute within 10 days of its reference to them, each Negotiator must prepare a written summary of his or her attempts to resolve the dispute and immediately refer that summary to the Executive Negotiators;

34.3.4 the Executive Negotiators must meet as soon as practicable to resolve the dispute, but in any case within five days of its reference to them. Each party must authorise and inform its Executive Negotiator sufficiently so that he or she can undertake that meeting without detailed reference to another person.

34.4 If the dispute fails to be resolved following the process set out in clause 34.3 either party may request the President of the Law Society of South Australia (or the person acting in that capacity) to nominate a relevant expert whose findings will be final and binding on the Parties and whose fees must be paid by the Parties in equal shares.

34.5 Notwithstanding the existence of a dispute each Party must continue to perform its obligations under this Deed.

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This clause survives any expiry or termination of this Deed.

35. CONTRACT DISCLOSURE 35.1 The Minister may disclose this Deed or a Purchase Order and/or information

in relation to this Deed or a Purchase Order in either printed or electronic form and either generally to the public or to a particular person as a result of a specific request.

35.2 Nothing in this clause derogates from:

35.2.1 the Provider’s obligations under any provision of this Deed or a Purchase Order; or

35.2.2 the provisions of the Freedom of Information Act 1991.

36. TERMINATION 36.1 Termination for Insolvency Administration

The Minister may terminate this Deed or any Purchase Order immediately by written notice to the Provider if the Provider enters into any form of Insolvency Administration.

36.2 Termination for Change in Control The Minister may terminate this Deed or any Purchase Order on five Business Days written notice to the Provider if the Provider is the subject of a takeover by or merger with another company, or there is a change of either the legal or beneficial shareholding or the effective control of the ownership or management of the Provider, unless the Provider sought the Minister’s approval and the Minister gave its written approval prior to the change.

36.3 Termination for Change in Operations The Minister may terminate this Deed or any Purchase Order on five Business Days written notice where there is a change in the management, structure or operations of the Provider that has or could reasonably be expected to have an adverse effect on the ability of the Provider to comply with this Deed or a Purchase Order.

36.4 Termination for Assignment The Minister may terminate this Deed or any Purchase Order immediately by written notice to the Provider if the Provider purports to assign any of its rights or obligations under this Deed or any Purchase Order, in breach of this Deed.

36.5 Suspension or Termination for Breach 36.5.1 Where the Provider has breached any of its obligations under this

Deed and such breach is capable of rectification, the Minister may suspend this Deed immediately by written notice to the Provider until such time as the Provider, working cooperatively with the Minister, rectifies the breach to the Minister’s satisfaction.

36.5.2 The Minister may terminate this Deed immediately by written notice to the Provider where the Provider, having breached any of its obligations under this Deed, such breach being capable of rectification, fails to rectify that breach within the time specified in a written notice served on the Provider requiring the Provider to rectify the breach.

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36.5.3 The Minister may terminate this Deed upon giving five Business Days written notice if the Provider has breached any of its obligations under this Deed and such breach is not capable of being rectified.

36.5.4 Where the Provider has breached any of its obligations under a Purchase Order and such breach is capable of rectification, the Minister may suspend the Purchase Order immediately by written notice to the Provider until such time as the Provider, working cooperatively with the Minister, rectifies the breach to the Minister’s satisfaction.

36.5.5 The Minister may terminate a Purchase Order between the Minister and the Provider immediately by written notice to the Provider where the Provider, having breached any of its obligations under the Purchase Order, such breach being capable of rectification, fails to rectify that breach within the time specified in a written notice served on the Provider requiring the Provider to rectify that breach.

36.5.6 The Minister may terminate a Purchase Order between the Minister and the Provider upon giving five Business Days written notice if the Provider has breached any of its obligations under the Purchase Order and such breach is not capable of being rectified.

36.5.7 If the Minister becomes aware that the Provider has been found guilty of unethical business practices or conduct, and such a breach or conviction has a direct bearing on the reliance on the Provider’s ability to deliver services to DECD students, the Minister may suspend or terminate the Deed with five days written notice.

36.6 Termination for Conflict of Interest The Minister may terminate this Deed or any Purchase Order immediately by written notice to the Provider if it comes to the Minister’s attention from whatever source that the Provider is in an actual conflict of interest in relation to this Deed or a Purchase Order.

36.7 Termination for False Declaration in Relation to Unlawful Collusion The Minister may terminate this Deed or a Purchase Order immediately by written notice if the Provider has submitted a Declaration in Relation to Unlawful Collusion which is found to be false in any particular.

36.8 Termination for Convenience 36.8.1 The Minister may terminate this Deed without cause by giving the

Provider 50 Business Days written notice.

36.8.2 The Minister may terminate a Purchase Order between the Minister and the Provider without cause by giving the Provider 50 Business Days written notice.

36.8.3 The Minister must pay the Provider for that part of the Services authorised by the Minister and performed by the Provider up to the date of termination under subclause 36.8.1.

36.8.4 The Minister must pay the Provider for that part of the Services authorised by the Minister and performed by the Provider up to the date of termination under subclause 36.8.2.

36.8.5 The Minister may give reasonable directions to the Provider in relation to the performance of the Services up to the date of termination.

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36.9 Effect of Termination 36.9.1 If the Minister terminates this Deed or a Purchase Order the Minister

must pay the Provider such of the Fees as have properly accrued up to the date of termination.

36.9.2 Termination of this Deed or a Purchase Order does not affect any accrued right or liability of either Party nor will it affect the coming into force or the continuation in force of any provision of this Deed that is expressly or by implication intended to come into or continue in force on or after the termination.

36.9.3 The Provider upon receiving a notice of termination must arrange for an orderly cessation of work in accordance with any written advice from the Minister.

37. CONFLICT OF INTEREST The Provider must disclose to the Minister in writing, all actual and potential conflicts of interest that exist, arise or may arise (either for the Provider or Provider Personnel) in the course of providing the Services as soon as practical after it becomes aware of that conflict.

38. PUBLICITY The Provider must not make a public announcement or permit a public announcement or a media release to be made about any aspect of this Deed or a Purchase Order unless the Minister first gives the Provider its written consent.

39. NOTICES 39.1 All notices by a Party must be in writing and be signed either by the Party or

by an agent of that Party.

39.2 Notice can be given to a Party:

39.2.1 personally;

39.2.2 by pre-paid post to the recipient's address set out in this Deed, in which case the notice is deemed to be received at the time at which it would be delivered in the ordinary course of the post;

39.2.3 by facsimile transmission to the recipient's number shown in this Deed, in which case the transmission is deemed to be received when the sending machine confirms notice that it has been sent; or

39.2.4 as permitted by the Corporations Act 2001 or any other statute or regulation.

39.3 The addresses and facsimile numbers for service are set out in Schedule 1.

39.4 A Party may from time to time notify any change to its address or facsimile number by written notice to the other Party.

40. THIRD PARTY AGREEMENTS In the event that other South Australian Government departments or agencies or non-Government schools or education bodies (Organisations) require the same or similar Services, the Provider agrees to negotiate with such other Organisations with a view to concluding agreements on the same or similar terms and conditions as are contained in this Deed.

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41. WORK HEALTH AND SAFETY 41.1 If requested by the Minister, the Provider must:

41.1.1 provide evidence satisfactory to the Minister of its capacity to comply with the Work Health and Safety Act 2012 (SA);

41.1.2 provide evidence that its employees, agents and subcontractors have received appropriate training in and are aware of their legal obligations and responsibilities in relation to work health and safety; and

41.1.3 provide the Provider’s WorkCover Registration Number.

41.2 The Provider must permit the Minister to carry out any inspections the Minister deems necessary to ensure that the Provider is complying with the work health and safety practices referred to in this Deed.

41.3 If all or part of the work under this Deed or a Purchase Order is to be provided on the Minister’s premises and under the Minister’s direction, the Provider must comply with the Minister’s work health and safety policies, procedures and instructions. If the Provider becomes aware of any potentially hazardous situation on the Minister’s premises, the Provider must immediately bring it to the Minister’s attention.

41.4 If the Minister has additional requirements regarding the preparation and implementation of work health and safety systems and plans, these will be detailed in the description of services in a Purchase Order.

41.5 The Provider must comply with the Work Health and Safety Act 2012 (SA) and DECD Work Health and Safety Policy at all times, regardless of whether the Minister issues a direction in that regard or not.

42. ACTING ETHICALLY In delivering the Services the Provider will conduct itself in a manner that does not invite, directly or indirectly, the Minister’s officers, employees or agents or any public sector employee (as defined in the Public Sector Act 2009) to behave unethically, to prefer private interests over the Minister’s interests or to otherwise contravene the Code of Ethics for the South Australian Public Sector.

43. RECORDS MANAGEMENT 43.1 The Provider agrees that in performing its obligations under this Deed it will

act in a manner that ensures that the Minister is able to comply with the Contracting and Official Records Standard.

43.2 The Provider acknowledges that the Information Privacy Principles as they relate to the collection, storage, access to, correction, use and disclosure, of personal information, apply to the Minister. The Provider agrees that in performing its obligations under this Deed or a Purchase Order it will act in a manner that ensures that the Minister is able to comply with the Information Privacy Principles. To give effect to this clause the Provider must, without limitation:

43.2.1 acknowledge and agree that the Minister retains ownership of all Official Records relating to, arising out of, or in connection with, the provision of the Services by the Provider under this Deed or a Purchase Order unless the Minister transfers ownership to the Provider by written notice;

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43.2.2 take all reasonable steps to ensure that before it collects Personal Information (or as soon as practicable after it has collected the information) the record-subject is told:

(a) the purpose for which the information is being collected, unless that purpose is obvious

(b) if the collection is authorised or required under law, that the collection is so authorised, and

(c) in general terms, the way in which the information will be used and stored;

43.2.3 only collect, use and disclose Personal Information for the purpose of fulfilling its obligations under this Deed or a Purchase Order unless otherwise permitted under this Deed or the Information Privacy Principles;

43.2.4 create and manage Official Records in a format approved by the Minister;

43.2.5 maintain a recordkeeping system approved by the Minister;

43.2.6 when required by the Minister, dispose of Official Records in accordance with the Minister’s directions;

43.2.7 maintain a written schedule recording all Official Records disposed of by the Provider in the conduct of this Deed;

43.2.8 retain all Official Records relating to all Services provided under this Deed in which ownership has been transferred to the Provider under this Deed for a period of seven years from the date of last action or until such time the student attains 25 years of age, whichever is later;

43.2.9 return all Official Records relating to Services provided to Aboriginal students or to children under the Guardianship of the Minister under this Deed or a Purchase Order to the Minister within 90 days from the date of cessation of services;

43.2.10 take all reasonable measures to ensure that all information relevant to this Deed or a Purchase Order in its possession or under its control is kept in a secure area (within the Provider’s premises or other location approved by the Minister), is securely stored and sufficient security measures are employed by the Provider to protect it against unauthorised access, physical harm, disclosure or other misuse and the Provider must initiate and maintain an appropriate information security classification system;

43.2.11 establish a disaster management plan that includes the recovery of Official Records;

43.2.12 comply with the Minister’s requirements to enable the Minister to respond to a request under the Freedom of Information Act 1991;

43.2.13 immediately refer any complaints received by the Provider about the Provider’s obligations under this Deed or a Purchase Order to the Minister;

43.2.14 as soon as practicable, notify the Minister of any unauthorised disclosure to third parties or of any breach of this Deed or a Purchase Order in respect of records or Personal Information;

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43.2.15 ensure that if the Provider subcontracts any of its obligations under this Deed, these terms and conditions are incorporated into any contract for service between the Provider and the subcontractor;

43.2.16 indemnifies the Minister for any liability, loss or damage arising from a breach of the obligations set out in this clause;

43.2.17 without limiting any other remedy, pay all costs incurred by the Minister in reinstating lost or destroyed Official Records unless that loss or destruction occurred at the Minister’s request;

43.2.18 return Official Records to the Minister in the manner and form notified by the Minister;

43.2.19 deliver Official Records in its custody to the Minister within 72 hours of notice (or such shorter period as may otherwise be agreed) to the Minister, except in the event of a critical incident when the Official Records must be delivered to the Minister immediately on request and allow the inspection and copying of such records by the Minister.

43.3 The obligations in this clause dealing with the collection, use or disclosure of Personal Information survive the termination or expiration of this Deed.

43.4 The Minister may at any time, at its own cost, appoint a person to conduct an audit to ensure that the Provider is complying with its obligations under this Deed.

44. COOPERATION WITH INVESTIGATIONS 44.1 The Provider must cooperate with any investigation authorised by the Chief

Executive of DECD and

44.1.1 use its best endeavours to ensure the cooperation of its officers and employees; and

44.1.2 seek the cooperation of its volunteers, agents and subcontractors

in relation to any such investigations related to Services for which remuneration is provided by the Minister under a Purchase Order.

44.2 The Provider must provide copies of all records or information requested during such investigation, subject to the Provider obtaining the consent of any relevant party where such consent is legally required to enable the information or records to be provided.

44.3 Where a mandatory notification has been made, the Provider must follow the DECD process for completing a mandatory notification record.

45. CHARTER OF RIGHTS FOR CHILDREN AND YOUNG PEOPLE IN CARE 45.1 If the Provider provides Services to Children or Young People in care, the

Provider must endorse the Charter of Rights for Children and Young People in Care (Charter).

45.2 In endorsing the Charter the Provider must ensure that it:

45.2.1 upholds the rights in the Charter; and

45.2.2 reflects the Charter in its relevant policies, procedures and practices.

45.3 Upon request by the Minister’s Representative, the Provider must provide written evidence demonstrating that the Guardian for Children and Young People has accepted its endorsement of the Charter.

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46. MEETINGS 46.1 Each Party’s Representative must meet at least once each year during the

Term and at such other times as reasonably requested by the Minister.

46.2 The Parties must act cooperatively and use their best endeavours to resolve any issues that arise at such meetings.

47. GENERAL 47.1 No Assignment

The Provider must not assign, novate or encumber any of its rights or obligations under this Deed or any Purchase Order without the prior written approval of the Minister.

47.2 Relationship between the Parties 47.2.1 The Parties acknowledge and agree that:

(a) nothing in this Deed or a Purchase Order constitutes any fiduciary relationship between the Parties or any relationship of employer and employee, principal and agent, or partnership, between the Parties; and

(b) neither Party has any authority to bind the other Party in any manner whatsoever.

47.2.2 The Provider agrees that the Minister has no obligations to Provider Personnel.

47.2.3 The Provider must pay all remuneration claims and other entitlements payable to Provider Personnel.

47.2.4 The Provider is responsible for complying with the requirements of the Income Tax Assessment Act 1936 (Commonwealth) in respect of the Provider’s employees and the Minister is not required to make PAYG deductions from the Fee.

47.3 Survival The provisions of the clauses of this Deed in relation to Documents, publicity and confidentiality survive the expiry or termination of this Deed and in relation to confidentiality, the obligations continue to apply unless the Minister notifies the Provider of its release from those obligations.

47.4 Costs Each Party will bear its own legal or other costs of and incidental to the negotiation, preparation and execution of this Deed.

47.5 Entire Deed This Deed contains the entire agreement between the Parties with respect to its subject matter and supersedes any prior agreement, understanding or representation of the Parties on the subject matter of this Deed.

47.6 Proper Law The laws in force in South Australia apply to this Deed.

47.7 Jurisdiction of Courts 47.7.1 The Parties agree that the courts of South Australia have exclusive

jurisdiction to determine any proceeding in relation to this Deed or a Purchase Order.

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47.7.2 Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court.

47.7.3 The Provider undertakes not to apply to transfer any proceedings to another registry of the Federal Court.

47.8 Compliance with Laws The Provider must comply, and ensure that Provider Personnel comply with the laws in force in South Australia in the course of performing their obligations under this Deed or a Purchase Order.

47.9 Waiver 47.9.1 Any waiver of any provision of this Deed or a Purchase Order is

ineffective unless it is in writing and signed by the Party waiving its rights.

47.9.2 A waiver by a Party in respect of a breach of a provision of this Deed or a Purchase Order by the other Party is not a waiver in respect of any other breach of that or any other provision.

47.9.3 The failure of a Party to enforce at any time any of the provisions of this Deed or a Purchase Order must not be interpreted as a waiver of such provision.

47.10 Variation Any variation to this Deed must be in writing and be signed by each Party.

47.11 Severance If any provision or part of a provision of this Deed or any Purchase Order is invalid or unenforceable in any jurisdiction:

47.11.1 the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or

47.11.2 if the provision cannot be read down under subclause 47.11.1, it must be severed if it is capable of being severed without affecting the remaining provisions of this Deed or the Purchase Order or affecting the validity or enforceability of that provision in any other jurisdiction, and the Parties must consult in good faith to determine whether any amendment or substituted provision is required.

47.12 Time of the Essence Time is of the essence in respect of any time, date, or period specified either in this Deed or a Purchase Order or in any notice served under this Deed or a Purchase Order.

47.13 Consent Where the Provider requires the consent or approval of the Minister under this Deed:

47.13.1 the Minister may, in the Minister’s absolute discretion, give or withhold consent or approval (subject to any provision in this Deed to the contrary);

47.13.2 if giving consent or approval the Minister may impose any conditions on that consent or approval that the Minister considers appropriate (subject to any provision in this Deed to the contrary); and

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47.13.3 the Minister’s consent or approval will not be effective unless it is in writing and is signed by the Minister.

47.14 Auditor-General Nothing in this Deed derogates from the powers of the Auditor-General under the Public Finance and Audit Act 1987 (SA).

48. ENABLING POWERS The parties acknowledge that for the purpose of this Deed and any Purchase Order – The Care Mentoring Program, the Minister relies on section 24 of the Family and Community Services Act 1972 (SA) and all other enabling powers including prerogative powers for delivery of The Care Mentoring Program.

Executed as a deed THE COMMON SEAL of the MINISTER FOR ) EDUCATION AND CHILD DEVELOPMENT ) was affixed to this Deed with the authority of the ) Minister by a person duly authorised to do so: )

……………………………………………….. Authorised Officer

……………………………………………….. Name of Authorised Officer

Incorporated body THE COMMON SEAL of … ) INCORPORATED was affixed to this ) Deed in accordance with its Constitution: )

……………………………………………………. ……………………………………………

……………………………………………………. ……………………………………………. Name and position of signatory Name and position of signatory

OR

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Company EXECUTED by [COMPANY PTY LTD] ) in accordance with section 127 of the ) Corporations Act 2001 and its Constitution ) …………………………………………………… ……………………………………………… Director Director/Secretary

OR Individual SIGNED by JOHN MICHAEL SMITH ) ………………………………….. in the presence of: ) John Michael Smith ……………………………………………………………………. Witness

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SCHEDULE 1

DEED DETAILS Item 1 The Provider

COMPANY NAME, including its ACN ADDRESS 1 ADDRESS 2

Item 2 Provider’s ABN

Xx xxx xxx xxx Item 3 Commencement Date

Date of Execution Item 4 Expiry Date

27 February 2018, unless extended in accordance with clause 3 Item 5 Insurances

5.1 Public Liability Insurance: $20 million

5.2 Professional Indemnity Insurance:

$2 million Item 6 Representatives

6.1 Minister’s Representative: Senior Manager, Compliance and Contract Management Engagement and Wellbeing Directorate, DECD GPO Box 1152, Adelaide SA 5001

6.2 Provider’s Representative: [insert name] [insert position] or such other person as notified in writing to the Minister.

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Item 7 Authorised Officers

7.1 Minister’s Authorised Officer Chief Executive, DECD GPO Box 1152, Adelaide SA 5001

7.2 Provider’s Authorised Officer:

[insert name] [insert position]

Item 8 Executive Negotiators

8.1 Minister: Executive Director, Statewide Services and Child Development, DECD GPO Box 1152, Adelaide SA 5001

8.2 Provider:

[insert name] [insert position]

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SCHEDULE 2

SERVICES SPECIFICATIONS

The Provider may deliver on behalf of the Minister for Education and Child Development:

• Flexible Learning Program Services, as outlined in Part A of this Schedule; • Case Management Services, as outlined in Part B of this Schedule; • Student Mentoring Services, as outlined in Part C of this Schedule; • The Care Mentoring Program, as outlined in Part D of this Schedule;

Work is not guaranteed to the Provider. If the Provider is engaged by the Minister to provide Services, the Minister will periodically review the Provider’s performance based on the changing needs of the Department. Further, due to the highly specialised requirements students may require, the Minister reserves the right to supplement the Panel with additional service providers over the term of the contract. Glossary For the purposes of this Schedule 2: ACARA means Australian Curriculum, Assessment and Reporting Authority ASQA means Australian Skills Quality Authority (formerly the Australian National Training

Authority) CaLD means Culturally and Linguistically Diverse

FLO means DECD Flexible Learning Option Enrolment

FLTP means Flexible Learning and Transition Portfolio

GOM means Guardianship of the Minister

ISMF means the South Australian Government Information Security Management Framework

SACE means South Australian Certificate of Education

VET means Vocational Education and Training

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PART A - FLEXIBLE LEARNING PROGRAM SERVICES

1. AIMS OF FLEXIBLE LEARNING PROGRAMS Through across-agency collaboration, community partnerships and the joined-up delivery of services, the core aim of flexible learning programs is to meet the learning needs of young people who are disengaged or at high risk of disengagement from their communities and education.

2. OBJECTIVES OF FLEXIBLE LEARNING PROGRAM SERVICES

2.1 Flexible learning programs and services are offered by the Provider in partnership with schools and community organisations. This is achieved by:

2.1.1 providing flexible learning and services for young people as per Flexible Learning Option (FLO) Enrolment Policy

2.1.2 creating partnerships with the community to ensure young people can access:

o mainstream and community based education

o accredited and non-accredited training

o action-based learning

o personal development and life skills

o employment.

2.1.3 ensuring young people can access relevant and engaging learning programs tailored to individual learning needs

2.1.4 delivering programs in a range of learning environments including schools and a diversity of community settings

2.1.5 ensuring young people can access relevant and engaging learning

2.1.6 engaging young people to their individual capacity

2.1.7 implementing the ‘Flexible Learning Rubric’ at least at a ‘Functioning’ level of operation.

3. ELIGIBLE STUDENTS 3.1 A Young Person who is ‘at risk’ or who has already disengaged from school

will be eligible to participate in these flexible learning programs. There are specific requirements in relation to the location of delivery for primary aged students.

3.2 ‘At risk’ Young Persons may include:

3.2.1 Aboriginal children and young people (DECD Individual Learning Plan is required for these students)

3.2.2 young migrant groups, new arrivals, refugees and CaLD

3.2.3 those with poor literacy and/or numeracy skills

3.2.4 those in rural or remote areas

3.2.5 those from socio-economically disadvantaged backgrounds

3.2.6 those from a juvenile justice background

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3.2.7 those with chronic disengagement from school

3.2.8 those with an assessed disability (DECD Negotiated Education Plan required for these students)

3.2.9 those impacted upon by conflict at home

3.2.10 those with low self esteem

3.2.11 those impacted upon by family drug and alcohol use

3.2.12 those who are homeless/chronically transient

3.2.13 those under the Guardianship or Custody of the Minister

3.3 Based on the Young Person’s risk profile, young people who are enrolled at DECD schools under the Flexible Learning Options (FLO) enrolment Policy, may be referred by a DECD School to the Provider based on the engagement matrix assessment.

3.4 The Provider will need to take a young person’s risk and extent of disengagement into consideration when delivering flexible learning programs.

3.5 Please refer to the FLO Procedures on the DECD website.

4. TYPES OF FLEXIBLE LEARNING PROGRAMS 4.1 Relevant learning activities must not only be engaging but high priority is

placed on activities being usefully accredited to a learner’s profile.

4.2 Flexible learning programs:

4.2.1 have a single focus with specific skills and activities;

4.2.2 broadly target young people with similar needs with a range of activities;

4.2.3 have a diversity of outcomes in response to differing age groups and learning needs;

4.2.4 align with the young person’s FLTP.

4.3 Services to be delivered to young people who have come from an Aboriginal and Torres Strait Islander background, juvenile justice background or are under the Guardianship of the Minister, will need to be within the young person’s Individual Education Plan in order to respond to particular vulnerabilities of these young people.

4.4 The Provider will work with DECD to ensure that existing protocols are adhered to. More information is available about Individual Education Plans and protocols, via the DECD website.

4.5 The types of services that DECD is seeking, include (but are not limited to) the following:

4.5.1 Career Development — assist young people to explore their values, interests and strengths through career counselling sessions, training, vocational interest questionnaires and individual assessments to ensure that the young person becomes competent in their chosen employment and/or confident in managing multiple career development pathways.

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4.5.2 Community and Citizenship — programs that assist young people to reconnect with their cultural group/s, local communities, national and/or global identities.

4.5.3 Community Living — programs that provide young people with information, training to assist in independent living e.g. basic home maintenance, looking after a car, personal financial management, renting a property etc.

4.5.4 Employability Skills — programs that assist in developing effective communication skills, written skills, self-esteem, goal setting etc. to attain employment.

4.5.5 Engagement with School — programs aimed at keeping young people at risk of disengaging to continue with learning or employment.

4.5.6 Family Support — programs that assist young people who are carers to build their networks and increase their access to resources within their community in a manner that builds their resilience and capacity to care for their family members.

4.5.7 Juvenile Justice — programs that provide individualised support for young people exiting the care of the State, helping them to access community life and develop skills to further their engagement with learning or employment.

4.5.8 Literacy and Numeracy Support — programs that focus on experiential learning opportunities to further develop skills in reading, writing, computer literary or course specific skills (e.g. maths).

4.5.9 Parenting — programs that aims to improve the parenting skills of young parents, by building the parents confidence and self-esteem; teaching basic parenting skills; assist with coping with the developmental changes of a child and focus on how to manage emotions etc.

4.5.10 Personal Development — programs that provide participants with the opportunity to develop and practise valuable life skills that will assist in developing personal, vocational and professional lives. Topics that might be covered include: o building healthy relationships

o communication

o decision making

o drug safety

o emotional health and wellbeing

o independent living skills

o leadership

o learning about yourself and others

o personal health and presentation

o positive reframing

o problem solving

o stress management

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o sexual health and behaviours. 4.5.11 Pre-Employment Learning/Training — courses that focus on

preparation for the workforce, career counselling, how to find work (via job networks), interview skills, writing resumes, personal presentation for interviews and employment rights such as equal opportunity etc.

4.5.12 Recreation programs — Individual and team sports skills e.g. martial arts, gym training, routines and training

4.5.13 Social Enterprise — providing young people with enterprise tools to self-manage their lives, set goals and create realities from dreams, reframe negatives with positive self-talk and manage their time.

4.5.14 Transition — programs that assist young people in making: o successful transition from primary to secondary schooling

o successful transition from secondary schooling to further learning

o successful pathway planning from secondary schooling to work. 4.5.15 Victim awareness — programs to support those affected by

verbal/physical/cyber bullying, domestic violence or other specific abuse. Programs can also focus on rebuilding relationships between both the perpetrator and victim.

4.5.16 Ancillary services — any other services that recognise the contribution of young people to develop themselves and their communities.

4.5.17 Any other programs that add value to young people’s learning that is part of your normal core business provision such as the Duke of Edinburgh Awards.

5. ACCREDITATION FOR LEARNING 5.1 It is a school responsibility to support assessment and accreditation through

the recording of results and facilitation of SACE structures, processes and moderation.

5.2 If the Provider is offering programs, any accreditation must be aligned to a recognised accreditation framework. The three most common frameworks for accreditation of community, life and school–based learning achievements can be articulated through:

5.2.1 Australian Curriculum

5.2.2 South Australian Certificate of Education

o aligned with at least one or more subject learning areas provided an agreement with the school of enrolment for assessment is in place prior to delivery as required under clause 6.2.6 of this specification

o VET or community learning.

5.2.3 Training packages in the vocational training sector regulated by the ASQA

o All training packages (industry skills specific)

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o Vocational Education Certificates (and pre-vocational) e.g. First Aid, Driver’s Licence, Forklift Licence and White Card.

6. ROLES AND RESPONSIBILITIES 6.1 DECD FLO enrolment involves a number of stakeholders, each of whom has

specific roles and responsibilities that relate to the effectiveness of the program. Stakeholders include:

6.1.1 young people (students)

6.1.2 schools

6.1.3 DECD appointed staff

6.1.4 businesses

6.1.5 community groups

6.1.6 parents/carers and families

6.1.7 the different levels of government

6.1.8 local school portfolios and partnerships.

6.2 DECD schools will:

6.2.1 respond to a referral for a FLO enrolment

6.2.2 gain parent/caregiver consent prior to enrolling the young person in a flexible learning program

6.2.3 have identified School FLO staff

6.2.4 identify the target group of students and the support mechanisms required for each student’s needs

6.2.5 obtain quotes from the Panel and raise a Purchase Order where necessary to engage a Provider

6.2.6 facilitate the structures, processes and recording of accreditation resulting from Flexible Program Services providers

6.2.7 develop protocols and strategies for communication within the school, with parents and with partnerships with whom the school works

6.2.8 manage funding in accordance with School FLO financial and accountability protocols

6.2.9 establish partnership arrangements with providers for alternative support to students

6.2.10 monitor the reporting and progress tracking requirements

6.2.11 report to students and families within the normal school reporting schedules and protocols

6.2.12 organise duty of care and supervision

6.2.13 provide necessary equipment for services to be provided on the school site or off site learning centres.

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6.3 Providers will:

6.3.1 upon request from a school or at agreed scheduled times, meet with the student to provide the requested service

6.3.2 take into consideration each student’s learning plan (i.e. FLTP and/or Individual Education Plan). A summary of these will be provided by the school

6.3.3 act as an advocate or mediator for each student with teachers, parents or the community; assist the student in their personal/ learning/career development. This may involve providing information to the student; brokering support with other staff or community in relation to their learning and/or personal needs and referring to other agencies as necessary

6.3.4 monitor student progress and submit data to schools and DECD within set reporting cycles

6.3.5 report daily absences and attendance to the school of enrolment

6.3.6 inform the Principal when any reports of child abuse and neglect are made

6.3.7 be responsible for both screening and suitability obligations under DECD Screening and Suitability - Child Safety Policy and Procedures.

6.4 Services need to be flexibly provided in response to the diverse needs of young people, their surroundings and experiences. This may involve a number of support strategies.

7. MANDATORY REQUIREMENTS The following are the mandatory requirements for Flexible Learning Program Services:

7.1 A commitment to work collaboratively with schools, DECD appointed staff, local communities, management committees and Flexible Learning networks. This means nominating and ensuring contact personnel with sufficient delegations are able to actively participate in regional cluster meetings.

7.2 All flexible learning programs delivered to FLO students must meet the requirements specified in the FLO Procedures, including but not limited to:

• Learning facilitators have a significant (2 years or equivalent) amount of experience in delivering learning programs for youth at risk and an appropriate qualification

• All programs have a significant connection between the program and the school of enrolment for accreditation and resulting purposes

• All programs have dedicated facilitators who deliver the learning. It is not appropriate for Case Managers who have full case management caseloads (25 students) to also be facilitating learning programs.

7.3 Any variation to the learning program regarding the above requirements in clause 7.2 including program length, content, cost and accreditation must be approved in writing by the Minister, before any changes commence.

7.4 The Provider must ensure that Relevant Personnel have complete and current Relevant History Information.

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7.5 Paid Provider Personnel delivering Services must complete a full day Responding to Abuse and Neglect - Education and Care (RAN-EC) training with a DECD approved training organisation, prior to engaging with DECD students. Personnel who in the three years prior to the delivery of any Services, have participated in a full day Child Safe Environment - Our Community response to Child Abuse and Neglect training will meet this DECD requirement if they also:

7.5.1 complete the 90 minute RAN-EC online update training;

7.5.2 obtain the dated certificate of participation from the online update training;

7.5.3 receive the handbook ‘Protective practices for staff in their interactions with children and young people: Guidelines for staff working or volunteering in education and care settings’ plus the other associated resources provided with the online update course;

7.5.4 Volunteer Provider Personnel delivering Services not on a school site or in a school site after school hours must meet the same RAN-EC training requirements as paid Provider Personnel.

7.6 Volunteer Provider Personnel working only at a school site during school hours need only complete the DECD prescribed RAN-EC Induction Session for Volunteers and:

7.6.1 receive the accompanying handbook;

7.6.2 obtain the dated certificate of participation;

7.6.3 be provided with access to the handbook ‘Protective practices for staff in their interactions with children and young people: Guidelines for staff working or volunteering in education and care settings’

7.7 Volunteer Provider Personnel must attend the prescribed DECD RAN-EC Induction Session for Volunteers every three years, or as required by the DECD Volunteer Policy.

7.8 Provider’s Personnel delivering Flexible Learning Program Services must have a minimum qualification as required by the ASQA.

7.9 Provider Personnel delivering Flexible Learning Programs Services, support staff and supervisors must act in accordance with DECD Duty of Care requirements and other relevant policies of which they have been given notice and the Children’s Protection Act 1993.

7.10 All venues utilised in the provision of the required services must meet:

7.10.1 local government/business operating standards; and

7.10.2 relevant Work Health and Safety standards.

7.11 Staff To Student Ratio: All programs are delivered in learning environments where Staff to Student ratios does not exceed 1:15.

7.12 All Provider personnel must co-operate with audits undertaken as part of DECD’s quality assurance processes to ensure improved student engagement, learning and attainment outcomes.

7.13 The Provider must make its site available to the DECD auditors or external auditors appointed by DECD for the purpose of audits and/or WHS inspections within five business days of the request.

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8. LOCATION 8.1 Flexible Learning Program Services may either occur within DECD school

grounds or at facilities and locations approved by the Provider and relevant DECD School in the wider community, preferably within school hours. Some out-of-school hours work may be required.

8.2 The Provider must inform the school site leader and parent/guardian/carer about all such off-site locations.

9. CUSTOMER SERVICE

9.1 The Provider must have and maintain systems and processes that guarantee the provision of responsive customer service to DECD.

9.2 The Provider must ensure clear communication channels between DECD schools and the Provider exist, including feedback channels and dispute resolution processes.

10. BUSINESS AND ADMINISTRATIVE SYSTEMS

10.1 The Provider must administratively manage bookings by DECD schools, to ensure that all Services are booked, organised and delivered in a timely manner.

10.2 The Provider must have and maintain high quality administrative systems and processes for storing, tracking and retrieval of records relating to any services provided.

11. ELECTRONIC DATA 11.1 DECD must comply with the ISMF. The Provider is required to comply with

the ISMF.

11.2 ISMF Policy Statement 22 states “Exchanges of information and software between organisations shall be compliant with all applicable legislation and controlled via the implementation of commercial agreements or memorandums of understanding [MOUs]. Additional control mechanisms from both a business and security standpoint shall be applied to electronic data interchange, electronic commerce and electronic messaging deployments”.

11.3 ISMF Standard 65 (Messaging and social networking) states “Responsible Parties shall implement controls to reduce security risks arising from the use of electronic messaging systems, such as email, electronic data interchange, instant messaging and social networking sites”.

11.4 As the ISMF is aligned closely with the AS/NZS ISO/IEC 27001:2006 standard for Information Security Management Systems, DECD must implement whatever control measures are necessary to provide adequate protection of information and associated assets.

11.5 The Provider is advised of the following requirements:

11.5.1 Policies and procedures must be developed and implemented to protect information associated with the interconnection of business information systems.

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11.5.2 Formal exchange policies, procedures, and controls are to be in place to protect the exchange of information through the use of all types of communication facilities.

11.5.3 The Provider must have procedures designed to protect exchanged information from interception, copying, modification, mis-routing and destruction.

11.5.4 The Provider must have procedures for protecting communicated sensitive electronic information that is in the form of an attachment.

11.5.5 The Provider must have procedures, such as cryptographic techniques e.g. to protect the confidentiality, integrity, authenticity and availability of DECD information.

11.5.6 The Provider must have controls and restrictions associated with the forwarding of communication facilities, e.g. automatic forwarding of electronic mail to external mail addresses.

11.5.7 The Provider must have policies and procedures that ensure personnel and volunteers maintain adequate security, including password protection, over information during transport and storage, whether in electronic or non-electronic form, to ensure there is no unauthorised disclosure or damage.

11.5.8 The Provider must not use online file storage facilities (such as SkyDrive, Dropbox, Google Drive, Bitcasa, iCloud) for storing any data or information related to DECD students or public web-based free email services(such as Gmail, Yahoo, Y7mail, Hotmail) for transmitting and storing any student related identifiable information.

11.5.9 The Provider must have policies and procedures in place that ensure personnel and volunteers who use laptops and/or other mobile devices outside of the office, never leave such devices unattended (a) whilst travelling, (b) whilst in a public place, (c) whilst in an unlocked house (d) exposed in a vehicle, even if it is locked. In addition any such devices must not be configured to access cloud computing services.

11.5.10 The Provider must treat back-up information with an appropriate level of physical and environmental protection consistent with the standards applied at their main site; the controls applied to media at their main site should be extended to cover the back-up site.

11.5.11 Access to the internet by students must be filtered at all times and an audit trail (logs) must be maintained to track the contents accessed by the students.

11.5.12 The Provider must ensure that access to the internet by DECD students is managed through controlled Internet filtering at all times and that the prescribed categories or websites are blocked at all times. These prescribed categories will be notified by DECD periodically.

11.5.13 The Provider is to ensure that the access to free and unregulated email services such as Hotmail or Gmail is blocked so that DECD students cannot access any such service which may expose them to unsolicited emails or information.

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12. SOCIAL RESPONSIBILITY 12.1 The Provider will ensure that:

12.1.1 Services and/or Flexible Learning programs support Aboriginal children and young people, students from CaLD backgrounds and students with additional needs

12.1.2 Learning and Engagement Services will contribute to the regional and local school level strategies to improve the enrolment, attendance, retention rates and student engagement of Aboriginal children and young people

12.1.3 Where possible the personnel delivering the services to Aboriginal children and young people are predominantly of Aboriginal or Torres Strait Islander descent

12.1.4 it has policies and practices in place that ensure personnel and volunteers are culturally aware and familiar with the DECD Aboriginal Strategy 2013-2016.

13. AWARENESS AND KNOWLEDGE OF DECD ETHOS AND POLICIES 13.1 The Provider will adhere to DECD policies regarding:

13.1.1 disclosure of information;

13.1.2 protective practices for staff;

13.1.3 the prohibition of data collection of student information for external use;

13.1.4 the prohibition of any news releases or responses to media inquiries and questions pertaining to schools, students or the Panel;

13.1.5 Child Protection Curriculum;

13.1.6 ICT Security Policy, including the requirement that “adequate security must be maintained over information during transport and storage, whether in electronic or non-electronic form, to ensure there is no unauthorised disclosure or damage. The risks and consequences of unauthorised or accidental release of sensitive or confidential information must be assessed when transmitting information by facsimile, email or any other insecure means”.

13.2 Relevant DECD policies and guidelines can be found on the DECD website.

14. FLEXIBLE LEARNING RUBRIC The Provider will adhere to and comply with the Flexible Learning Rubric, as published on the DECD website and updated from time to time.

15. REPORTING 15.1 The Provider must provide reports as requested to DECD which may include

information about student engagement, attendance, learning outcomes and achievements.

15.2 Information and general feedback gathered from these reports will be made available to schools and to the students and their families, as requested

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16. INSURANCE 16.1 The Provider must ensure that where any Provider Personnel use a private

vehicle in the course of delivering Services, the vehicles insurance covers such use.

16.2 The Provider must ensure that all vehicles used to transport DECD students (private or otherwise) have appropriate insurance to cover such usage as required under the Motor Vehicles Act 1959 in addition to ensuring that all Provider Personnel who transport DECD Students must meet all the required obligations under Road Traffic Act 1961 which includes the Australian Road Rules 1999 (SA).

17. PERFORMANCE REVIEWS 17.1 Performance Reviews

17.1.1 Performance Reviews may be conducted of:

a) the Provider’s operational practices and procedures as they relate to this Deed and/or a Purchase Order, including security procedures

b) the Provider’s compliance with its confidentiality, privacy and security obligations under this Deed and/or a Purchase Order

c) material (including documents and records) in the possession or storage of the Provider relevant to the Services delivered to DECD students, Children and Young People

d) the performance against the Key Performance Indicators as notified by the Minister

e) any other matters determined by the Minister to be relevant to this Deed and/or a Purchase Order.

17.2 Access to be provided to the Minister by the Provider for the purpose of conducting Performance Reviews 17.2.1 The Minister may, at reasonable times and on reasonable notice:

a) access and inspect the premises of the Provider to the extent relevant to the performance of its obligations under this Deed and/or a Purchase Order

b) inspect, photograph and copy documentation, books and records, however stored, in the custody or under the control of the Provider relating to DECD students

c) require assistance in respect of any inquiry into or concerning this Deed and/or a Purchase Order. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to DECD), any request for information directed to the Minister or any inquiry conducted by Parliament or any Parliamentary committee.

17.2.2 The Provider must provide access to the extent necessary for the Minister or its representative to exercise its rights under this clause, and provide the Minister with all reasonable assistance required by the Minister.

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17.3 Conduct of Performance Reviews and access to premises 17.3.1 The Minister will ensure that:

a) Performance Reviews are performed in accordance with this Deed and/or a Purchase Order

b) Performance Reviews do not unreasonably delay or disrupt in any material respect the Providers performance of its obligations under this Deed and/or a Purchase Order.

17.3.2 Each party will bear its own costs of participating in a Performance Review.

17.4 Performance Criteria 17.4.1 In addition to performing the obligations specified in this Deed and/or

a Purchase Order at all times, the Provider must meet the performance criteria notified through Key Performance Indicators.

17.4.2 The Provider’s performance will be assessed by the Minister on an ongoing basis, in addition to any Performance Reviews that may be performed.

17.4.3 The Provider will be required to meet Key Performance Indicators as agreed between the Provider and Minister for the provision of Services.

18. PROVIDER PERSONNEL INFORMATION 18.1 The Provider must, prior to provision of any Services and upon request by the

Minister, provide the following information in relation to Provider Personnel who will or may be engaged, either directly or indirectly to deliver the Services or who will or may have access to student personal information:

18.1.1 Date of Relevant History Information;

18.1.2 Date of attendance at Reporting Abuse and Neglect (Education and Care) training or Child Safe Environment training with 90 minute RAN-EC online update training and the expiry date of the training certificates;

18.1.3 Type of Services to be delivered by Provider Personnel; and

18.1.4 Educational and professional qualifications.

18.2 The Provider will advise the Minister in writing of any change to the above details within five business days of the date of such change.

19. FINANCIAL REPORTS

Upon request, the Provider must forward their company’s audited annual reports for the past three (3) years, and any other information that will assist DECD in evaluating financial strength and viability.

20. VARIATION If the Minister varies the number of students referred to in a Purchas Order without cause, and the variation is more than 10% of the initial number of students specified in the Purchase Order, the Minister must give the Provider 50 Business Days written notice of that variation.

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PART B - CASE MANAGEMENT SERVICES

1. BACKGROUND 1.1 Case management is at the heart of successfully re-engaging targeted at-risk

young people in learning and earning pathways. For DECD Flexible Learning Option enrolment purposes, case management is a collaborative process of assessment, planning, facilitation and advocacy for options and services to meet an individual’s social and emotional wellbeing, learning and transition needs through communication and engaging available resources to promote quality cost effective outcomes.

1.2 Case Managers have the responsibility to assess a young person’s needs and in partnership with the school of enrolment, develop a FLTP to coordinate services to meet those needs. Case Managers and schools are also required to review the FLTP on a regular basis to ensure that it is meeting the young person’s identified needs.

1.3 Case management of children and young people enrolled in FLO must be done in accordance with the FLO Case Management Standards.

2. CASE MANAGER’S ROLE

2.1 The Case Manager is primarily responsible for assisting the student to develop and maintain their FLTP. In addition, the Case Manager will work with the young person within the FLO Case Management standards which contributes to the following three fundamental pillars:

2.2 Living:

2.2.1 identifies the student’s specific social, emotional, learning, health and wellbeing needs as they impact on their ability to engage in learning

2.2.2 assists them in practical ways to ensure that these needs are met

2.2.3 identifies appropriate services and supports as required, which may include support such as purchasing text books and stationery, and referral to other agencies and service providers, such as Health; Drug and Alcohol Services, etc.

2.2.4 provides practical assistance as required, such as negotiating and accessing Centrelink and other benefits; accompanies the young person to medical or other appointments or, where this is not practical or possible, makes appropriate arrangements for them

2.2.5 keeps a case file on each young person they work with, including a case plan, detailed notes of weekly contact, notes on progress reviews with DECD School, assessment of needs and support required, referrals, enrolment in accredited learning, detailed time tables, transition planning (transition in and out of case management, from primary to high school, from school to work etc.)

2.2.6 maintains regular communication with the school and other professional staff, the student’s parent/caregiver (where age appropriate), the local DECD appointed staff and other service providers/agencies.

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2.3 Learning:

2.3.1 supports young people to engage in learning that is able to be accredited with a focus on literacy and numeracy assessment that is acquired through FLO tools (e.g. FLTP).

2.3.2 Coordinates the brokerage of appropriate Learning and Engagement Services as agreed with the DECD School.

2.4 Transition:

focuses on coaching, goal setting for future life and career pathways and a period of ongoing personal support for a successful transition to further learning and earning opportunities. This approach is ‘strengths-based’ to support the young person in reaching their maximum potential.

3. CASE MANAGEMENT REQUIREMENTS

The Provider will deliver the following services:

3.1 Case management services are required for FLO students or those receiving a case management grant. Case management services will be delivered in accordance with the FLO Procedures and FLO Case Management Standards on the DECD website.

3.2 Case Managers will be engaged by DECD schools to assist young people to re-engage back with learning, training or employment. Each individual young person will have differing needs. Accordingly, the level and frequency of case management services to be provided will be dependent on each young person’s requirements but will consist of a minimum of weekly contact as per the FLO Case Management Standards.

3.3 Case Managers must provide personalised case management services to address a young person’s identified barriers and support them in setting and achieving goals which meet their vocational and career interests. This can be done through personalised case management and/or engagement in a Flexible Learning Option (FLO) Enrolment, whilst providing opportunities for the young person to engage in meaningful learning, training or employment which is accredited and which leads to further training and employment.

4. TARGETED STUDENTS

Some young people are prioritised for additional support as part of the Government’s Social Inclusion agenda. The following groups of young people will have the highest priority for support:

• those under the Guardianship of the Minister • those involved in the juvenile justice system • young carers • young parents • Aboriginal children or young people.

4.1 Guardianship of the Minister (GOM)

Some young people are cared for under the Guardianship of the Minister. If they can be enrolled in a school, they are eligible not only for FLO enrolment, but may also be eligible to receive additional support. The local DECD appointed staff can facilitate discussions with relevant personnel in relation to young people under care.

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As Families SA remains the lead agency for the care of young people who are under the Guardianship of the Minister, the procedures for FLO referral and case management have been adapted.

4.2 Juvenile Justice

Learning and Engagement Services need to have strong links with the justice sector, the DECD Youth Education Centre, the Courts Administration Authority — Family Conference Team and SA Police. These stakeholders are aware of the opportunities FLO enrolments can offer, and should recommend these Services to such Young Person who has been in secure care or who has had contact with the juvenile justice system through formal caution, family conference or the Youth Court. Where appropriate, access to FLO Enrolment support should be prioritised.

A Young Person who is leaving secure care and who is not enrolled in any DECD school will be eligible for a FLO Enrolment.

Students will be supported by their Case Manager and case management at the Youth Education Centre (at Cavan) as they move between secure care and the community and vice versa. Refer to FLO Procedures for further information.

Case Plans and FLTP must be shared between the case managers to ensure seamlessness in their learning and engagement as well as the shared responsibility for their wellbeing.

4.3 Young Parents

Some young people are also young parents who have become disconnected from their education and learning. To support these young people back into a pathway of engagement in learning, many Flexible Learning Programs Services have developed a specific focus of support for young mothers, fathers and their babies.

5. PERSONAL CHARACTERISTICS AND QUALITIES OF A CASE MANAGER

DECD FLO enrolled students may, in many instances, face many significant issues impacting on their capacity to engage with learning. As such, the Provider’s Case Manager is required to demonstrate a high level of empathy and respect with the young person, and is required to demonstrate the following personal characteristics and qualities:

5.1 ability to build trusting relationships with the young person, offer them support and assistance and advocate for them in the wider community;

5.2 empathy and understanding for the young person in times of crisis, anxiety, apprehension or confusion;

5.3 ability to encourage the young person’s personal growth through educational opportunities, appropriate employment and personal skills development;

5.4 capacity to help the young person to develop and maintain his or her relationships with others, such as peers, teachers, family, employers, service providers, etc.;

5.5 respect for the confidentiality, privacy and dignity of each young person in their care;

5.6 ability to work as part of a multi-agency team and to develop close links and work effectively with staff from other agencies;

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5.7 ability to communicate effectively with young people, both individually and in a group setting, and to motivate and engage young people in learning and work programs to address their skill needs;

5.8 ability to assess the risks and needs of young people and their families and identify/arrange for provision of the required support;

5.9 ability to develop and apply anti-discriminatory practices in dealing with young people from diverse backgrounds and circumstances; and

5.10 ability to communicate effectively and build constructive relationships with parents/caregivers of young people.

6. ROLES AND RESPONSIBILITIES Roles and responsibilities of the Provider are outlined in the FLO Procedures, as published on the DECD website and updated from time to time and include, without limitation,

6.1 informing the Principal when any reports of child abuse and neglect are made, and

6.2 being responsible for both screening and suitability obligations under DECD Screening and Suitability - Child Safety Policy and Procedures.

7. MANDATORY REQUIREMENTS The following are the mandatory requirements for Case Management Services for DECD FLO enrolled DECD Students:

7.1 FLO Case Managers must be qualified in one or more of the following:

7.1.1 Certificate IV or Diploma in Youth Work or Youth Justice

7.1.2 Bachelor in Social Work or Psychology

7.1.3 Certificate IV in Child, Youth and Family Intervention (Child Protection)

Qualifications other than those specified above may be approved by DECD on request.

7.2 The Minister considers qualifications listed in 7.1 as most suitable for personnel delivering case management services. Training packages and the learning outcomes are amended from time to time. It is the responsibility of the Provider to ensure that any such qualifications continue to meet the requirements of the mandatory qualifications outlined in 7.1.

7.3 All Case Managers delivering Services to primary and/or secondary students in metropolitan DECD Areas must have a minimum qualification of Certificate IV in Youth Work or an equivalent qualification as noted in clause 7.1 which can provide evidence of core competencies in working with vulnerable youth. Metropolitan DECD Areas are: Mount Barker, Felixstow, Elizabeth, Noarlunga, Flinders Park as per the South Australian Department for Education and Child Development School Portfolio Areas (refer to Attachment 1 for school lists).

7.4 All Case Managers delivering Services to primary and/or secondary students in regional DECD Areas must have a minimum qualification as noted above. Appropriate weekly practicum supervision must be provided for staff working towards qualifications. Regional DECD Areas are: Gawler, Port Lincoln, Mt

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Gambier, Pt Pirie, Murray Bridge, Berri, Whyalla, Clare and APY lands, as per the South Australian Department for Education and Child Development School Portfolio Areas (refer to Attachment 1 for school lists).

7.5 All Provider Personnel delivering Services must act in accordance with DECD Duty of Care requirements and other relevant policies of which they have been given notice and the Children’s Protection Act 1993.

7.6 The Provider must ensure that all Relevant Personnel have complete and current Relevant History Information.

7.7 All venues utilised in the provision of the required services must meet:

7.7.1 local government/business operating standards; and

7.7.2 relevant Work Health and Safety standards.

7.8 Paid Provider Personnel delivering Services must complete a full day Responding to Abuse and Neglect - Education and Care (RAN-EC) training with a DECD approved training organisation, prior to engaging with DECD students. Personnel who in the three years prior to the delivery of Services, have participated in a full day Child Safe Environment - Our Community response to Child Abuse and Neglect training, will meet this DECD requirement if they also:



7.8.3 receive the handbook ‘Protective practices for staff in their interactions with children and young people: Guidelines for staff working or volunteering in education and care settings’ plus the other associated resources provided with the online update course.

7.9 Volunteer Provider Personnel delivering Services not on a school site or in a school site after school hours must meet the same RAN-EC training requirements as paid Provider Personnel.


7.10.1 receive its accompanying handbook;



7.11 Volunteer Provider Personnel must attend the prescribed DECD RAN-EC Induction Session for Volunteers every three years or as required by DECD Volunteer Policy.

7.12 All Provider Personnel must cooperate with audits undertaken as part of DECD’s quality assurance processes to ensure improved student engagement, learning and attainment outcomes.


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7.14 Staff: Student Ratio: The maximum number of students case managed by one person at any time is 25, although this number may need to be less if the students have particularly complex needs.

7.15 The Provider will provide services in accordance with FLO Case Management Standards and ensure a minimum standard of ‘functioning’ in the Case Management Service Delivery component.

8. BUSINESS AND ADMINISTRATIVE SYSTEMS 8.1 The Provider must provide clear information, advice and reports to DECD

schools and DECD resulting from the management of the young person.

8.2 The Provider must have high quality administrative systems and processes for storing, progress tracking and retrieval of records relating to any services provided.


the ISMF.






9.5.2 Formal exchange policies, procedures, and controls should be in place to protect the exchange of information through the use of all types of communication facilities.



9.5.5 The Provider must have procedures, such as cryptographic techniques e.g. to protect the confidentiality, integrity and availability of DECD information.

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9.5.8 The Provider must not use online file storage facilities (such as SkyDrive, Dropbox, Google Drive, Bitcasa, iCloud) for storing any data or information related to DECD students or public web-based free email services (such as. Gmail, Yahoo, Y7mail, Hotmail) for transmitting and storing any student related identifiable information.




9.5.12 The Provider must ensure that access to the internet by DECD students is managed through controlled Internet filtering at all times and that the prescribed categories or websites are blocked at all times. These prescribed categories will be notified by DECD periodically.

9.5.13 The Provider is to ensure that access to free and unregulated email services such as Hotmail or Gmail is blocked so that DECD students cannot access any such service which may expose them to unsolicited emails or information.

10. REPORTING The Provider must provide activity reports as requested to DECD which may include information about student engagement, attendance, learning outcomes and achievements.

11. SOCIAL RESPONSIBILITY

The Provider will ensure that:

11.1 proposed services and/or programs must support Aboriginal children and young people, students from CaLD backgrounds and students with additional needs.

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11.2 student engagement and retention services will contribute to the regional and local school level strategies to improve the enrolment, attendance, retention rates and student engagement of Aboriginal children and young people.

11.3 where possible the personnel delivering the services to Aboriginal children and young people are predominantly of Aboriginal or Torres Strait Islander descent.

11.4 they have policies and practices in place that ensure personnel and volunteers are culturally aware and familiar with the DECD Aboriginal Strategy 2013-2016.

12. LOCATION Case Management services may either occur within DECD school grounds or at facilities and locations approved by the Provider in the wider community and home. Out of school hours work will be required.

13. AWARENESS AND KNOWLEDGE OF DECD ETHOS AND POLICIES

13.1 The Provider must adhere to DECD policies regarding:








14. PERFORMANCE REVIEWS 14.1 Performance Reviews

14.1.1 Performance Reviews may be conducted of:

a) the Provider’s operational practices and procedures as they relate to this Deed or a Purchase Order, including security procedures



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14.4.2 The Minister will advise the Provider of the Key Performance Indicators from time to time.



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15. PROVIDER PERSONNEL INFORMATION 15.1 The Provider must, prior to provision of any Services and upon request by the

Minister, provide the following information in relation to Provider Personnel who will or may be engaged, either directly or indirectly to deliver the Services or who will or may have access to student personal information:






16. FINANCIAL REPORTS

Upon request, the Provider must forward their company’s audited annual reports for the past three (3) years, and any other information that will assist DECD in evaluating financial strength and viability.

17. VARIATION If the Minister varies the number of students referred to in a Purchas Order without cause, and the variation is more than 10% of the initial number of students specified in the Purchase Order, the Minister must give the Provider 50 Business Days written notice of that variation.

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PART C - STUDENT MENTORING SERVICES

1. BACKGROUND 1.1 The DECD Student Mentoring Services contributes to the successful

engagement and retention of students at risk of not completing their SACE.

1.2 The Student Mentoring Services provided a school based early intervention and support program for students to increase SACE achievement and minimise FLO referrals.

1.3 School-based mentoring has the potential to assist students with their personal development, guide them through critical transition phases and engage them in further education, skill development opportunities and the workforce. It is a particularly effective strategy to assist targeted students from low socio-status economic backgrounds. Mentoring support for Aboriginal students has the potential to assist with the development of a student’s cultural identity.

1.4 From January 2014 schools are able to use resources flexibly to deliver student mentoring services to students requiring personalised support.

2. AIMS

Various student mentoring models aim to strengthen student outcomes in engagement, retention and attainment in learning tailored so students can successfully:

2.1 address barriers to learning success

2.2 transition into high school

2.3 complete SACE or its equivalent

2.4 transition to further training and/or employment.

3. TARGETED STUDENTS 3.1 Mentoring as a model of support does not work for every student. Research

identifies the most suitable students for mentoring as those who attend school regularly but have a range of low-medium risk factors influencing their ability to successfully continue education or transition into a vocational pathway. Some examples of low to medium risk factors include:

3.1.1 having limited contact with a significant adult

3.1.2 having low expectations of their learning capabilities and achievement

3.1.3 having difficulty in self-managing

3.1.4 requiring support with cultural identity in a cross cultural education setting

3.1.5 experiencing outside personal pressures, such as extensive responsibilities in their personal and/or family lives because they are young carers, parents, income earners

3.1.6 being unable to set goals or plan for success

3.1.7 lacking clear career pathways

3.1.8 being in a minority or marginalised group, for example, being Aboriginal or under the Guardianship of the Minister

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3.1.9 having mental and/or physical health issues.

3.2 Students are NOT identified as suitable for mentoring support if they have:

3.2.1 chronic attendance issues

3.2.2 chronic behaviour management issues

3.2.3 already disengaged from school

3.2.4 multiple high risk factors which impact on their learning.

4. APPROACHES TO SUPPORTING STUDENTS 4.1 Two modes of delivery are suitable for student mentoring programs:

4.1.1 One to one o where face to face student support mentoring sessions are arranged

between the individual and student and managed by the school co-ordinator

o Distance: e-mentoring for students: supportive relationships using the telephone/online (particularly with distance education).

4.1.2 Group programs o for students who share similar issues and would benefit from

supportive personal development programs to: gain confidence; life skills to improve relationships; effective and appropriate communication skills; the ability to plan ahead and set goals; develop a strong sense of self and of personal responsibility and direction.

5. PROVIDER’S ROLE 5.1 The Services need to be flexible to respond to the various needs of the

student, their surroundings and experiences and may involve a focus on one or more of the following:

5.1.1 enabling learning and achievement

5.1.2 advocacy/mediation

5.1.3 social and emotional skills

5.1.4 career development

5.1.5 personal counselling

5.1.6 family and cultural support.

5.2 Central to this support is the quality relationship developed between the student and the individual (i.e. service provider), based on mutual trust, respect and understanding.

5.3 Providers offering student mentoring services are required to:

5.3.1 establish meaningful relationships with the student based on mutual agreement, commitment and shared responsibility from which either party can withdraw at any time. The relationship must be a confidential one. The Provider must not disclose information shared by the student unless prior permission has been obtained

5.3.2 ensure that the student is able to feel some ownership of the student support process. Early in the relationship both the Provider and

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student will need to establish what each can bring to the relationship and what they can expect of one another

5.3.3 have the skills, experience and capacity to successfully undertake Services. Providers should be equipped to support students who may disclose a wide range of issues such as problems with dealing with learning and education, confidence building, communication skills, literacy and numeracy skills and difficulties with family and school relationships

5.3.4 advocate on behalf of the student’s needs in the school/community context whilst building trusting relationships with key school personnel.

5.3.5 successfully address barriers to engagement and achievement in learning by making connections with and building on students interests, skills, talents and abilities

5.3.6 support the development of positive health and wellbeing for individual students

5.3.7 provide career development and pathways planning support and/or the development of relevant literacy and numeracy skills.

5.4 Where the Provider is delivering mentoring services at no cost to the school or solely through volunteers, the requirements in this specification still apply.

6. ROLES AND RESPONSIBILITIES 6.1 DECD schools will:

6.1.1 identify the target group of students and the support mechanisms required for each student’s needs

6.1.2 develop protocols and strategies of communication within the school, with parents and partnerships with whom the school works

6.1.3 ensure a formal Purchase Order is completed with the identified provider which includes clear reporting expectations

6.1.4 organise duty of care and supervision

6.1.5 provide necessary equipment for services to be provided on the school site

6.1.6 employ Aboriginal mentors to work with Aboriginal students where possible.


6.2.1 upon request from the school or at agreed scheduled times, meet with the student(s) to provide the requested services

6.2.2 take into consideration each student’s learning plan (e.g. Personalised Learning Plan or Individual Education Plan). A summary of the key aspects of the learning plan will be provided by the school

6.2.3 act as an advocate or mediator for each student with teachers, parents or the community and assist the student in his or her career development and provide counselling. This may involve providing information to the student; brokering support with other staff or community in relation to their learning and/or personal needs; and referring to other agencies as necessary

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6.2.4 monitor student progress by keeping accurate student records and reports on attendance, progress and achievement, together with anecdotal evidence and provide these records and reports to schools on request

6.2.5 inform the Principal when any reports of child abuse and neglect are made

6.2.6 be responsible for both screening and suitability obligations under DECD Screening and Suitability - Child Safety Policy and Procedures.

7. INDUCTION TO DECD Mentors/Service Providers DECD schools will be required to deliver an induction to the Provider at the start of each Purchase Order. The Provider will be required to attend this session before they are allowed to provide support services to students. The training will include as a minimum:

7.1 an overview of the context of the site and the students receiving mentoring services

7.2 the role of Provider and an overview of the Purchase Order. This may include:

o the number of students to receive mentoring support (target number) o contact time per week/student (min 30 mins/student/week) o length of time in school (40 weeks) and not outside school hours o fees o communication with the school (line management).

7.3 health and safety, duty of care, school policies, procedures etc.

7.4 Reporting expectations for:

o student learning outcomes o engagement and attendance at mentoring sessions

8. MANDATORY REQUIREMENTS The following are the mandatory requirements for student mentoring services:

8.1 A commitment to work collaboratively with schools. This means nominating and ensuring contact personnel with sufficient delegations are able to actively participate in school and mentoring meetings.

8.2 The Provider must ensure that Services are provided in accordance with the Commonwealth Government Australian Youth Mentoring Benchmarks 2012 – Fostering the growth and development of high quality youth mentoring.

8.3 The Provider must ensure that all Relevant Personnel have complete and current Relevant History Information.

8.4 Paid Provider Personnel delivering programs must complete a full day Responding to Abuse and Neglect - Education and Care (RAN-EC) training with a DECD approved training organisation, prior to engaging with DECD students. Personnel who in the three years prior to delivery of the Services, have participated in a full day Child Safe Environment - Our Community response to Child Abuse and Neglect training, will meet this DECD requirement if they also:

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8.4.3 receive the handbook ‘Protective practices for staff in their interactions with children and young people: Guidelines for staff working or volunteering in education and care settings’ plus the other associated resources provided with the online update course.

8.5 Volunteer Provider Personnel delivering programs not on a school site or in a school site after school hours must meet the same RAN-EC training requirements as paid Provider Personnel.


8.6.1 receive its accompanying handbook;



8.7 Volunteer Provider Personnel must attend the prescribed DECD RAN-EC Induction Session for Volunteers every three years or as required by DECD Volunteer Policy.

8.8 All personnel delivering Services must act in accordance with DECD Duty of Care requirements and other relevant policies of which they have been given notice and the Children’s Protection Act 1993.

8.9 Staff to Student Ratio: All group mentoring Services are delivered in learning environments where Staff to Student ratios does not exceed 1:25.

8.10 All Provider personnel must cooperate with audits undertaken as part of DECD’s quality assurance processes to ensure improved student engagement, learning and attainment outcomes.


9. LOCATION Student Mentoring will occur within DECD school grounds, within school hours. Where the Provider intends to deliver mentoring outside of school sites or offer e-mentoring available outside school hours, the DECD School site leader must obtain consent from the parents/carers of the DECD Student and also complete a risk assessment to ensure that such deviation will not expose the students to any unreasonable risk.

10. REPORTING The Provider must provide activity reports as requested to DECD which may include information about student engagement, attendance and achievements.

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11. SOCIAL RESPONSIBILITY The Provider will ensure that:

11.1 proposed services and/or programs must support Aboriginal children and young people, students from CaLD backgrounds and students with additional needs

11.2 student Learning and Engagement Services will contribute to the regional and local school level strategies to improve the enrolment, attendance, retention rates and student engagement of Aboriginal children and young people

11.3 where possible the personnel delivering the services to Aboriginal children and young people are predominantly of Aboriginal or Torres Strait Islander descent

11.4 they have policies and practices in place that ensure staff and volunteers are culturally aware and familiar with the DECD Aboriginal Strategy 2013-2016.

12. CUSTOMER SERVICE 12.1 The Provider must have and maintain systems and processes in place that

guarantee the provision of responsive customer service to DECD.

12.2 The Provider must ensure that clear communication channels between DECD schools and the Provider exist, including feedback channels and dispute resolution processes.

13. AWARENESS AND KNOWLEDGE OF DECD ETHOS AND POLICIES 13.1 The Provider must adhere to DECD policies regarding:








14. BUSINESS AND ADMINISTRATIVE SYSTEMS

14.1 The Provider must administratively manage bookings by DECD schools and/or local school partnerships to ensure that all services are scheduled, organised and delivered in a timely manner.

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14.2 The Provider must have high quality administrative systems and processes for storing, tracking and retrieval of records relating to any services provided.


the ISMF.









15.5.5 The Provider must have procedures, such as cryptographic techniques e.g. to protect the confidentiality, integrity and authenticity of DECD information.



15.5.8 The Provider must not use online file storage facilities (such as. SkyDrive, Dropbox, Google Drive, Bitcasa, iCloud) for storing any data or information related to DECD students or public web-based free email services(such as Gmail, Yahoo, Y7mail, Hotmail) for transmitting and storing any student related identifiable information.

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15.5.12 The Provider is to ensure that access to the internet by DECD students is managed through controlled Internet filtering at all times and that the prescribed categories or websites are blocked at all times. These prescribed categories will be notified by DECD periodically.

15.5.13 The Provider is to ensure that access to free and unregulated email services such as Hotmail or Gmail is blocked so that DECD students cannot access any such service which may expose them to unsolicited emails or information.

16. PERFORMANCE REVIEWS

16.1 Performance Reviews 16.1.1 Performance Reviews may be conducted of:

a) the Provider’s operational practices and procedures as they relate to this Deed or a Purchase Order, including security procedures








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16.4.2 The Minister will advise the Provider of the Key Performance Indicators from time to time.



17. PROVIDER PERSONNEL INFORMATION

17.1 The Provider must, prior to provision of any Services and upon request by the Minister, provide the following information in relation to Provider Personnel who will or may be engaged, either directly or indirectly to deliver the Services or who will or may have access to student personal information:






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18. FINANCIAL REPORTS Upon request, the Provider must forward their company’s audited annual reports for the past three (3) years, and any other information that will assist DECD in evaluating financial strength and viability.

19. VARIATION

If the Minister varies the number of students referred to in a Purchas Order without cause, and the variation is more than 10% of the initial number of students specified in the Purchase Order, the Minister must give the Provider 50 Business Days written notice of that variation.

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PART D - THE CARE MENTORINGPROGRAM 1. BACKGROUND

1.1 The Care Mentoring Program provides one-on-one/face-to-face mentoring (with both paid and volunteer mentors) for Children and Young People, aged between 10 and 17 years of age, who are under the Guardianship of the Minister.

1.2 The Care Mentoring Program also supports Young People transition from care into further education, training or employment.

2. AIMS 2.1 The Care Mentoring Program aims to achieve better social, emotional and

educational outcomes by providing sessions that address key issues and obstacles, which provides the following benefits:

2.1.1 Mentoring provides a structured and trusting relationship that brings young people together with caring individuals who offer guidance, support and encouragement aimed at developing the competence and character of the mentee.

2.1.2 It provides young people with an opportunity to develop a positive relationship with an adult outside of their more formal involvement with case workers, counsellors and other interventions.

2.1.3 Though not a substitute for case work, mentoring can support the goals identified in a young person’s Case Plan, Transition from Care Plan, or their cultural needs as documented in accordance with the Aboriginal Cultural Identity Support Tool.

3. MANDATORY REQUIREMENTS 3.1 The Provider must ensure that Services are provided in accordance with the

legislation listed in clause 6.2.

3.2 The Provider must ensure that Services are provided in accordance with, and are consistent with, all guidelines and policies relating to the provision of those services and with any changes to those guidelines and policies, as advised by the Minister from time to time.

3.3 The Provider must ensure that Services are provided in accordance with the Commonwealth Government Australian Youth Mentoring Benchmarks 2012 – Fostering the growth and development of high quality youth mentoring.

3.4 The Provider must ensure that Relevant Personnel have complete and current Relevant History Information.

3.5 The Provider must undertake Background Checks for all Provider Personnel.

3.6 The Provider must ensure that mentors are trained in the following prior to matching with a Child or Young Person:

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Required Training Modules/Theory Paid Mentors

Volunteer Mentors

Development of the mentoring relationship, including setting of personal boundaries and parameters Yes Yes

Attachment Theory and working with clients with dysfunctional attachments Yes No

Youth development and related issues. Note youth work qualifications are desirable and will be considered the norm for paid Mentors. Paid Mentors without youth work qualifications will only be considered by DECD if they can demonstrate suitable experience to deal with the needs of the Children and Young People.

Yes No

The roles, responsibilities and expectations of mentors Yes Yes

Cultural and social sensitivity, including acceptance of individual differences Yes Desirable

Child Safe Environments Our Community response to Child Abuse and Neglect – Initial one day seven hour face-to-face, training program followed by a three hour face-to-face refresher program after two years and after three years, the full day training once again.

Yes Yes

Emergency and critical incident procedures Yes Yes

First Aid training by a Registered Training Organisation: Provide First Aid (HLTAID003), Provide First Aid in an Education or Care Setting (HLTAID004) or Provide First Aid in Remote Situations (HLTAID005)

Yes Yes

3.7 All nominated mentors (i.e. mentors put forward for matching with a Child or Young Person) must possess the necessary competencies including maturity, life experience and/or professional experience, required to provide high standards of mentoring to Children and Young People.

3.8 All nominated mentors must be older than the young person to whom they are providing the Service. If a mentor is under the age of 21 years, the Provider must provide such information as is reasonably necessary to enable the mentor to be assessed for suitability (i.e. maturity, skills) prior to being matched with a Child or Young Person.

3.9 All mentors who are responsible for transporting young people must:

3.9.1 hold a current South Australian full driver’s licence; or a South Australian P2 licence if approved by the Provider after undertaking a risk assessment;

3.9.2 have access to a road worthy and registered motor vehicle;

3.9.3 have (at a minimum) third party property damage motor vehicle insurance;

3.9.4 comply fully with South Australia Road Traffic Act 1961 and the South Australia Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014.

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4. SERVICE DESCRIPTION 4.1 The Provider will provide mentoring services, for a duration agreed at the

beginning of the mentorship relationship, to Children and Young People who are between 10 and 17 years of age, or as negotiated with the Provider, and are under Guardianship of the Minister.

4.2 The Care Mentoring Program will forward Requests for quotes for mentoring services to Providers during business hours via email or fax.

4.3 Providers will respond to the requests for quotes within 5 working days and The Care Mentoring Program will evaluate the responses and issue a Purchase Order to the preferred Provider.

4.4 The Provider will accept requests for mentoring services from The Care Mentoring Program in accordance with the Purchase Order.

4.5 The Provider will provide mentorship services allocated under the Purchase Order to the value of the remuneration in accordance with the agreement.

4.6 The Provider will apply a matching process to find an appropriate mentor for each individual Child or Young Person, which may include meeting with the Child or Young Person.

4.7 The Provider will seek approval for the selected mentor from the Child or Young Person’s Case Worker.

4.8 The Care Mentoring Program will provide mentors with a Mentor Task Agreement outlining the proposed goals and suggested activities to support the Child or Young Person’s Case Plan, Transition from Care Plan, or their cultural needs as documented in accordance with the Aboriginal Cultural Identity Support Tool.

4.9 The recommended maximum length of time for a mentor to assist a young person is two years. Extensions may be considered in exceptional circumstances only on a case by case basis depending on a number of factors including, but not limited to:

4.9.1 the willingness of the young person to continue mentoring

4.9.2 the suitability of the mentor and their achievement of KPIs

4.9.3 funding availability

4.9.4 demand for mentoring services/equity of service provision

4.9.5 the ability to retain the mentor.

4.10 The Provider will keep accurate records and provide fortnightly invoices and progress reports to The Care Mentoring Program.

4.11 Verbal reports from the mentor will be requested on an ‘as needed’ basis. A written report, detailing the outcomes of the Services provided, will be forwarded by the Provider to The Care Mentoring Program at the conclusion of the agreed mentorship period.

4.12 The Provider will provide the mentor with ongoing training and support and provide performance enhancement opportunities through formal supervision as required.

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5. ROLES AND RESPONSIBILITIES

5.1 The Provider will be required to:

5.1.1 recruit and train mentors

5.1.2 ensure that Relevant Personnel have a complete and current Relevant History Information including a Child Related Employment Screening clearance

5.1.3 ensure that all mentors are appropriately trained and qualified before undertaking any work with a young person

5.1.4 support, supervise and manage mentors to ensure compliance with the requirements of the Purchase Order by various means including:

5.1.4.1 regular face to face contact with mentors

5.1.4.2 access to telephone advice.

5.1.5 Respond to written requests for services from the Care Mentoring Program

5.1.6 apply a matching process to find an appropriate mentor for each young person. All mentors must be older than the young person to whom they are providing the service. In addition, if a mentor is under the age of 21 years, the Provider must provide such information as is reasonably necessary to enable the mentor to be assessed for suitability (i.e. maturity, skills) prior to being matched with a young person.

5.1.7 seek approval for a selected mentor from the Child or Young Person’s Case Worker and confirm that the mentor is appropriate to address the needs of the Child or Young Person

5.1.8 provide Services in accordance with the agreed Fee

5.1.9 keep accurate records and provide agreed reporting

5.1.10 meet with The Care Mentoring Program representative at least once each year, or as required by the Minister.

5.2 Mentors will:

5.2.1 support the care experience of children and young people

5.2.2 strengthen social and emotional wellbeing - assist young people to increase their self-esteem, self-efficacy and resilience

5.2.3 foster individual talents and interests - assist young people to further develop their individual talents and interests in a specific area (e.g. sports, photography, drama, etc.) and to assist them to reach their full potential

5.2.4 strengthen identity and culture - provide opportunities for young people to understand their culture and cultural identity. This is particularly relevant for Aboriginal and Torres Strait Islander young people due to their over-representation in out of home care

5.2.5 improve education, training and employment outcomes - assist young people to engage and maintain their participation in education, training and employment to achieve success and reach their full potential

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5.2.6 support young people to prepare for their transition from guardianship - improve their independent living skills to prepare them for adulthood and to promote emotional wellbeing, positive mental health and to develop positive connections with their community in preparation for transition to independence

5.2.7 be required to submit a brief report to The Care Mentoring Program on a fortnightly basis detailing the following aspects of their sessions with the Child or Young Person

5.2.7.1 activity and location (a brief description of the activities undertaken

5.2.7.2 activity goals

5.2.7.3 outcome (a brief description of how the Young Person engaged in the activity)

5.2.7.4 issues/concerns

5.2.7.5 the number of hours of mentoring provided, kilometres accrued and activity expenditure.

6. SERVICE PROVISION PRINCIPLES — GENERAL 6.1 The Provider must take every reasonable step to ensure the safety and proper

care of the Child or Young Person named in the Purchase Order. This includes ensuring that Provider Personnel are all appropriately qualified, properly trained, assessed and supported.

6.2 Without in any way limiting the Provider’s obligations to comply with all Laws, the Provider must ensure that services are provided in accordance with the following legislation: 6.2.1 Adoption Act 1988 (SA);

6.2.2 Bail Act 1985 (SA);

6.2.3 Children’s Protection Act 1993 (SA); including, without limitation, the Aboriginal or Torres Strait Islander Children placement principles and the Child Safe Environments provisions;

6.2.4 Coroners Act 2003 (SA);

6.2.5 Disability Services Act 1993 (SA);

6.2.6 Emergency Management Act 2004 (SA);

6.2.7 Family and Community Services Act 1972 (SA);

6.2.8 Freedom of Information Act 1991 (SA);

6.2.9 Immigration (Guardianship of Children) Act 1946 (Cth);

6.2.10 State Records Act 1997 (SA);

6.2.11 Supported Assistance Accommodation Act 1994 (Cth)

6.2.12 Work Health and Safety Act 2012 (SA);

6.2.13 Young Offenders Act 1993 (SA); and

6.2.14 Youth Court Act 1993 (SA).

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6.3 The Provider must ensure that Services are provided in accordance with, and are consistent with, all guidelines and policies relating to the provision of those Services and with any changes to those guidelines and policies, as advised by the Minister from time to time.

6.4 The Provider must also provide the Services in line with the Commonwealth Government Australian Youth Mentoring Benchmarks 2012 — Fostering the growth of high quality youth mentoring programs.

7. HOURS OF OPERATION

The Provider undertakes to provide the Services at the hours specified in a Purchase Order, or at the hours approved by The Care Mentoring Program in conjunction with each Child or Young Person’s Case Worker.

8. ADMINISTRATIVE SYSTEMS AND PROCESSES The Provider must have high quality administrative systems and processes for tracking and retrieval of records relating to any services provided.

9. CUSTOMER SERVICE The Provider must have systems and processes in place that guarantee the provision of responsive customer service to DECD.

10. PERFORMANCE MANAGEMENT 10.1 The Provider will perform the required services to a standard acceptable to the

Minister. The Minister, in consultation with the Provider, will establish Key Performance Indicator’s (KPIs) to measure the Provider’s ongoing performance.

10.2 The Provider will participate in a formal service monitoring process that will occur annually or as required by the Minister.

10.3 The Performance Review process may include review and evaluation of Services, Outcomes, KPIs, Outputs, Data, Quality, and any other matters determined by the Minister to be relevant to the Agreement.

11. OUTCOMES AND KEY PERFORMANCE INDICATORS

11.1 The Provider will attain the following outcomes for Children and Young People:

11.1.1 Mentoring services will assist Children and Young People to be supported in their education, training and employment to achieve success and reach their full potential.

11.1.2 Mentoring services will support the care experience of Children and Young People and promote their emotional wellbeing, positive mental health, connection with community and prepare them for adulthood.

11.2 In providing the Services, the Provider must achieve the following KPIs which have been identified and agreed as appropriate KPIs in relation to the Services:

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11.2.1 100% of mentors have a complete and current Relevant History Information, before being matched and whilst engaging with a Child or Young Person.

11.2.2 100% of mentors receive mandatory training before being matched with a Child or Young Person.

11.2.3 85% of Children and Young People work with the same mentor for the duration of the mentorship period.

11.2.4 70% of Children and Young People have been assessed by the mentor in partnership with the Case Worker to have achieved their case plan goals. (Note: This is measured by the data collected in the closure report.)

12. OUTPUTS AND DATA

12.1 Outputs

The following have been identified and agreed upon as appropriate outputs in relation to the Services:

12.1.1 Provide the mandatory training to mentors.

12.1.2 Ensure all Relevant Personnel have complete and current Relevant History Information.

12.1.3 Provide accurate records of all hours of mentoring provided, kilometres accrued and expenditure on activities to The Care Mentoring Program.

12.1.4 Provide fortnightly progress reports to The Care Mentoring Program.

12.2 Data Reporting will include, but is not limited to, the following data for the reporting period:

12.2.1 The number of referrals for mentoring received

12.2.2 The number of referrals accepted.

12.2.3 The total number of hours of mentoring provided.

12.2.4 The total number of Children and Young People accessing the service.

12.2.5 The number of Children and Young People who have had a change of mentors.

12.2.6 The number of new mentors recruited.

12.2.7 The number of existing and new mentors who have complete and current Relevant History Information.

12.2.8 The total number of mentors, both employed and volunteers at the end of the reporting period.

12.2.9 The number of mentors who have received the mandatory training.

12.2.10 The total number of training hours received by the mentors.

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13. FINANCIAL REPORTS Upon request, the Provider must forward their company’s audited annual reports for the past three years, and any other information that will assist DECD in evaluating financial strength and viability.

14. REPORTING

The Provider must provide the following reports including, but not be limited to:

14.1 bi-annual data reports i.e. for the periods 1 July – 31 December and 1 January – 30 June each year, which must be received by the 30th day of the month immediately following the reporting period

14.2 fortnightly progress reports

14.3 closure reports.


the ISMF.



15.4 As the ISMF is aligned closely with the AS/NZS ISO/IEC 27001:2006 standard for Information Security Management Systems, DECD must implement whatever control measure are necessary to provide adequate protection of information and associated assets.






15.5.5 The Provider must have procedures, such as cryptographic techniques e.g. to protect the confidentiality, integrity and authenticity of DECD information.

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15.5.8 The Provider must not use online file storage facilities (such as SkyDrive, Dropbox, Google Drive, Bitcasa, iCloud) for storing any data or information related to DECD students or public web-based free email services(such as Gmail, Yahoo, Y7mail, Hotmail) for transmitting and storing any student related identifiable information.



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SCHEDULE 3

FEES

1. LEARNING AND ENGAGEMENT SERVICES 1.1 Fee

Flexible Learning Program Services Unit of Measure Cost (GST inclusive)

Case Management Services Unit of Measure Cost (GST inclusive)

Student Mentoring Services Unit of Measure Cost (GST inclusive)

• The Fee is inclusive of costs and expenses incurred by the Provider for the provision of the Services.

• Any variation to the Fee is subject to changes in the consumer price index (CPI)

or the relevant Awards and to agreement by both parties.

1.2 Discounts

[insert from response] 1.3 Invoicing

The Provider must have an invoicing system that is able to categorise individual schools and students with bookings/transactions and costs incurred.

The Provider will render invoices to the DECD Schools. Invoices are to outline the Services provided in line with mutually agreed milestones.

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1.4 Payment

Payment will be on a 30-day account basis upon performance of the required Learning and Engagement Services and in line with mutually agreed milestones. If the Minister disputes any portion of an invoice, the parties must make their best endeavours to resolve the dispute. Once resolved, the Minister must pay any further amount that the parties agree is outstanding within 14 days of such resolution.

2. THE CARE MENTORINGPROGRAM 2.1 Fee

The Fee will be determined through a secondary procurement process where request for quotes for service will be forwarded to Providers. Negotiations between DECD and the Provider will be the point at which the Fee is fixed. The agreed Fee will be stipulated in the Purchase Order

2.2 Travel

Travel allowances will be reimbursed to paid mentors in accordance with the rate stated in the Office for the Public Sector’s Commissioner’s Determination 3.2 – Employment Conditions Remuneration – Allowances and Reimbursements for travel up to 25 kilometres in metropolitan regions and up to 50 kilometres for travel in country regions (currently $0.87c/kilometre). Reimbursement for travel above these distances will be paid at a lower rate (currently $0.31 per kilometre) and will increase each 1 July by the Department of Treasury and Finance indexation factor. Travel allowances will be reimbursed to volunteer mentors in accordance with the rate stated in the Office for the Public Sector’s Commissioner’s Determination 3.2 – Employment Conditions Remuneration – Allowances and Reimbursements (currently $0.87c/kilometre).

2.3 Invoicing

Invoices for mentoring services provided are to be forwarded to the Care Mentoring Program fortnightly.

The Provider must have an invoicing system that is able to separate the fee into the following categories:

• Hours – the number of hours of mentoring services provided • Mileage – the kilometres travelled • Activities – expenses incurred

A fortnightly work summary/update must be submitted with the fortnightly invoice and the fees charged will be in accordance with the Purchase Order.

2.4 Payment

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Payment will be on a 30-day account basis upon performance of the required Services and in line with mutually agreed milestones.

If the Minister disputes any portion of an invoice, the parties must make their best endeavours to resolve the dispute. Once resolved, the Minister must pay any further amount that the parties agree is outstanding within 14 days of such resolution.

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SCHEDULE 4

DECD AREAS / SA GOVERNMENT REGIONS

FLEXIBLE LEARNING PROGRAM SERVICES

DECD Area / Anangu Lands Berri Clare Elizabeth Felixstow Flinders Park Gawler Mount Barker Mount Gambier Murray Bridge Noarlunga Port Lincoln Pt Pirie Whyalla

CASE MANAGEMENT SERVICES


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STUDENT MENTORING SERVICES


THE CARE MENTORINGPROGRAM

SA Government Region / Adelaide Hills Barossa, Light and Lower North Eastern Adelaide Eyre and Western Far North Fleurieu and Kangaroo Island Limestone Coast Murray and Mallee Northern Adelaide Southern Adelaide Western Adelaide Yorke and Mid North

The areas outlined above may be varied at any time by mutual agreement in writing by each Party.

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ANNEXURE A

PURCHASE ORDER FOR LEARNING AND ENGAGEMENT SERVICES

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ANNEXURE B

PURCHASE ORDER FOR THE CARE MENTORING PROGRAM

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ANNEXURE C

SCHEDULE TO THE PURCHASE ORDER The terms and conditions contained in the Panel Deed of Agreement (Deed) between the Minister for Education and Child Development (Minister) and [INSERT PROVIDER’S NAME including the ACN, if a company] (Provider) for the provision of Learning and Engagement Services to the Department for Education and Child Development (DECD) students and/or children and young people under the guardianship or custody of the Minister, are, where relevant, incorporated into this Purchase Order This Purchase Order, once signed, forms part of the Deed between the Minister and the Provider for the provision of Learning and Engagement Services.

1. TERM The Provider must commence the Services by the Start Date specified in this Schedule and complete the Services by the Completion Date specified in Item 1. The completion date may only be extended by written agreement between the parties.

2. FEE The fee for the Services is set out in Item 3 of the Schedule. The Fee will be payable by DECD within 30 days of receipt of a correctly rendered tax invoice addressed as indicated on the Purchase Order.

3. DELAY AND NON PERFORMANCE If the Provider fails to provide the Services by the Completion Date, or if the Services are not undertaken to DECD’ reasonable satisfaction, DECD may terminate this Agreement by written notice to the Provider or may withhold payment of the Fee until the Services are undertaken to a satisfactory standard.

4. ENTIRE AGREEMENT This Agreement, the Purchase Order and the relevant terms and conditions of the Panel Deed between the Minister and the Provider constitute the entire agreement of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements, understandings and negotiations in respect of this subject matter. To the extent of any inconsistency between this Agreement, the Purchase Order and the Panel Deed, the Panel Deed, this Agreement and the Purchase Order have priority in that order. No variation to this purchase order will be binding on the parties unless it is in writing and signed by the parties.

5. COMPLIANCE WITH DECD ICT SECURITY POLICIES The Provider agrees to comply with the Department for Education and Child Development Information and Communication Technology Security Policies and Standards as amended from time to time.

6. AUTHORISED OFFICERS 6.1 The persons specified in Item 7 of this Schedule as the representative of each

party has express authority to bind the party that he or she represents.

6.2 Each party may change its authorised officer by serving written notice to that effect on the other party.

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SCHEDULE

Item 1 – Term of Services Start Date: Completion Date:

Item 2 – Services required for [Include the list of students and/or children and young people] Item 3 - Type of Services to be provided and the Fees Item 4 – Specified personnel Item 5 – Reporting Item 6 – Special Conditions Item 7 – Authorised Officers The Provider’s authorised officer is:

Name: Position Title: Address: Telephone: Email: The Minister’s authorised officer is:

Name: Position Title: Address: Telephone: Email: ACCEPTANCE

The Provider accepts the Terms and Conditions relating to this Purchase Order.

Please sign in the space provided below and return it to:

<<Name>> <<Position>> <<Address>>

Signed by Provider ______________________________

Print Name ______________________________________

DATED the ____________ day of ________________ 2016