1. Operational Requirements

Supporting Documents for this Chapter

Supporting Documentssign-in required (sign-in required)

• Joint Charter for Disability Employment Programs and Related Services

• Inclusive Employment Australia Brand Guidelinessign-in required (sign-in required)

• Commonwealth Fraud and Corruption Control Framework 2024

The following Chapter outlines various operational requirements for Providers in delivering Services under their Deed.

The Inclusive Employment Australia brand has been developed to identify and support disability open employment services delivered by the Australian Government.

Providers must use the Inclusive Employment Australia brand in the delivery of Services and in accordance with the Inclusive Employment Australia Brand Guidelinessign-in required (sign-in required). The Brand Style Guide is a Guideline for the purposes of the Inclusive Employment Australia Deed.

Providers must ensure their Sites (including operating from local libraries, town halls or other similar venues) meet the following minimum requirements:

• Be presented in a manner that upholds and maintains the good reputation of the Services, the Department and Inclusive Employment Australia, as determined by the Department

• Be accessible to people with disability consistent with universal design principles. This includes making available disability parking spaces (accessible parking) and accessible toilet facilities

• Make available job search facilities for Participants to assist with Résumé writing, job applications and interview preparation. The Service Guarantee requires providers to help Participants with services and supports including job search support, accessing non-vocational programs and further education or training. It is reasonable to expect providers make appropriate job search facilities available for Participant use, including computers with internet access and printers

• Be compliant with the National Standards for Disability Services (NSDS)

• Display the required Inclusive Employment Australia signage, including information for Participants about the Service Guarantee and Code of Conduct

• Ensure materials provided, shared, used, and displayed are accessible to all Participants

• Protect participant privacy. This must be a safe, private environment. Participants confidentiality must be assured as discussions can often include conversations about complex barriers. Participants may share sensitive information. Facilities and protocols must be in place to ensure security of Personal Information and a Participant’s privacy, and

• Be inclusive and culturally safe to cater to the needs of participants so that Services can be delivered in a safe manner, compliant with Work Health and Safety Laws.

Providers are not to meet a participant at the participant’s home or place of residence.

It is a Provider’s responsibility to obtain approval/permission from the relevant site owner to deliver Inclusive Employment Australia Services from the Site (including libraries, town halls, community spaces or other venues). A Provider must be able to provide this proof of approval to the Department if the Department requests it.

The Department considers a Site to be co-located where one or more Providers, employment service program, or third-party organisation is interacting with Participants. This is a single Site including any shared space, reception, waiting areas, service areas and meeting rooms.

In addition to the minimum general requirements for a Site stated above, where multiple Providers, employment services, and/or third-party organisations are co-located at a single Site, the Department requires Providers to:

• assist Participants visiting the Site with clear advice about the Services delivered at the Site

• provide each Participant with accessible information about the Site, Provider and employment service to which they have been Referred

• present signage in accordance with Section 1.2 Inclusive Employment Australia Branding. This includes identifying the broader workspace with the Services being delivered to help Participants understand where they need to go, and identifying staff members’ roles to help Participants understand who they should talk to, and

• have clear protocols and accountabilities established about the use of shared space and facilities (for example, use of printers, copiers, private rooms and storage).

The Department may issue a Tax Invoice to the Provider in relation to Payments made by the Department to the Provider for the delivery of Services under the Deed. This Tax Invoice will be a recipient created Tax Invoice (RCTI) for the purposes of the Goods and Services Tax (GST) Act 1999 and will be labelled as an RCTI when issued by the Department. The Provider is not required under the Deed to submit a Tax Invoice to the Department when this occurs. The Department is registered for GST and will notify the Provider if it ceases to be registered for GST.

Providers should be aware of Fraud and Corruption risks that exist within the delivery of employment Services. Providers must put in place Fraud and Corruption detection practices, policies and procedures, that are reviewed annually. Procedures should include a clear reporting process for suspected Fraud or Corruption.

Providers must ensure its staff, Subcontractors and agents comply with and take all reasonable steps to enable the Commonwealth to comply with the Commonwealth Fraud Control Framework (Framework). The Framework is available at Commonwealth Fraud and Corruption Control Framework 2024.

The Provider must take all reasonable steps to prevent, mitigate and detect Fraud and Corruption in accordance with the Framework. This includes implementing a Fraud and Corruption Control Plan and conducting a Fraud and Corruption Risk Assessment. A copy of the plan must be provided to the Department on request.

Providers must ensure all staff who deliver Services under the Deed complete the Fraud and Corruption training module when they commence with the Provider or Service and complete this training annually.

Current and former staff of a Provider and contractors must report suspected fraud or corruption to the Department’s fraud team via fraud@dss.gov.au or DSS Fraud Hotline on 1800 054 312. They must encourage others who are outside the contractual arrangement such as Participants or members of the public to report any suspected fraud or corruption.

When reporting Fraud or Corruption, the person reporting should provide as much information as possible, for example:

• Who is the subject of the suspected Fraud or Corruption?

• When and where did the suspected Fraud or Corruption occur?

• What sensitivities, if any, there may be?

• How did the subject/s commit the suspected Fraud or Corruption?

If there is any information available that supports the allegation, this information should also be provided.

(Deed reference(s): clause 31)

Suspected serious or systemic corruption by or involving current or former Provider staff can be reported directly to the National Anti-Corruption Commission (NACC) — see the NACC’s website How to make a report. A range of protections are available to those who report directly to the commission.

Providers are expected to work with the Department to resolve complaints, disputes or problems, using the following resolution process (except for matters excluded under the Deed):

• Any dispute arising in relation to the Deed will be dealt with, in the first instance, through the informal process set out in the Joint Charter for Disability Employment Programs and Related Services issued by the Department

• If any dispute arising in relation to the Deed cannot be resolved using the informal process, the following will occur:

  • the Party claiming a dispute will provide the other Party a written Notice that sets out the nature of the dispute

  • within 5 Business Days of receipt of the Notice, each Party will nominate a representative from the entities who have not been previously involved in the dispute, and

  • the Parties’ representatives will try to settle the dispute by direct negotiation.

• If the dispute is not resolved within 10 Business Days after the date that the direct negotiation occurred, the Party claiming there is a dispute will refer the dispute to an independent third person. This person must be agreed between the Parties, and will have power to mediate and recommend a non-binding resolution.

• If the dispute is not resolved within 10 Business Days after the date that the dispute was referred to an independent third person, the Party claiming a dispute will refer the dispute to another independent third person. This person must be agreed between the Parties, and will have power to intervene and direct a resolution that the Parties will be bound by.

• If agreement on an independent third person cannot be reached or the dispute is not resolved within 20 Business Days after referring the dispute to an independent third person, either Party may commence legal proceedings.

Each Party will be responsible for its own costs arising from dispute resolution. Where an independent third person engaged the cost will be split equally between both parties.

(Deed reference(s): Clause 65)

Engagement with the media can be an important part of the role of Providers.

Providers must immediately refer any media enquiries related to Government policy or program settings to the Department’s media team (media@dss.gov.au) and their Account Manager. The email should include the nature and timeframe of the request and any relevant background.

The Department’s media team will prepare and manage media responses.

Providers must immediately inform their Account Manager of any media enquiries received related to delivery of the Inclusive Employment Australia. The Account Manager will then advise if the media enquiry must be referred to the Department’s media team.