a company’s Constitution, which (where relevant) includes operational guidelines and any amendments that are part of the company’s Constitution; or in relation to any other kind of body: the body’s charter or memorandum; or any instrument or law constituting or defining the Constitution of the body or governing the activities of the body or its members. ‘DEA Audit and Compliance Strategy’ means the strategy under the SSPD Program described in paragraph 4 of these Guidelines. ‘FaHCSIA-Initiated DMI Reassessment’ has the meaning given to it by the DMI Guidelines at Appendix B to these Guidelines. ‘disAbility e-news’ means the online publication of that name issued by FaHCSIA. ‘Disability Employment Assistance’ has the same meaning as the Activity described as Employment Assistance Services under the Standard Funding Agreement (SSPD) to deliver Employment Assistance Services. ‘Disability Maintenance Instrument’ (‘DMI’) means the assessment mechanism by that name, and of the version, contained on FOFMS and/or the DMI Guidelines and the Operational Guidelines. ‘Disability Maintenance Instrument (DMI) Guidelines’ means a set of DMI Guidelines at Appendix B to these Guidelines, issued by us to assist you to complete the DMI Assessment. ‘DMI Assessment’ has the meaning given to it in the DMI Guidelines at Appendix B to these Guidelines. ‘DMI Reassessment’ has the meaning given to it in the DMI Guidelines at Appendix B to these Guidelines. ‘DMI Reassessment Triggers Table’ is contained in the DMI Guidelines at Appendix B to these Guidelines. ‘Draft’ means the status of a Case on FOFMS before the Intake Assessment is Authorised. ‘Employ and Employed’ means to engage an individual in Employment. ‘Employment’ means Work in an Australian Disability Enterprise that: complies with minimum standards and conditions established by Commonwealth, State or Territory law; and is at a wage determined under an applicable: award; special wage permit;
‘Start’ for a Supported Employee means having a Case Started on FOFMS in accordance with these Guidelines. ‘Stretch Capacity’ provides a means for Supported Employees returning from Suspension or Exits to return to their Outlet by temporarily increasing the Outlet Capacity in an Outlet as outlined in these Guidelines. ‘Support Staff’ in the context of the Activity Performance Indicators at Item B of the Schedule, means any person employed by your Outlet who provides direct work based employment support to a Supported Employee, consistent with the delivery of the Activity under Item B of the Schedule. ‘Supported Employment’ means the provision of Employment Assistance Services in an Australian Disability Enterprise, consistent with the definition at Section 7 of the Act and further as set out under Activity Details at Item B of the Schedule. ‘Supported Employee’ means a person with disability whom you employ in the Australian Disability Enterprise and provide the Activity to in accordance with this Agreement. ‘Suspension’ means a period longer than one month and less than 12 months that the Supported Employee Case is suspended on FOFMS. ‘Target Group’ has the same meaning as in Section 8 of the Act, as provided at Attachment B to the Schedule. ‘Work’ means any exertion of effort by the Supported Employee to produce a product or to provide a service at the Outlet and which is directly related to the Supported Employee being paid a wage. ‘Work Based Personal Assistance’ means additional assistance provided to Supported Employees who, due to their physical or neurological disability or medical condition, require additional assistance in Employment from an Approved Support Worker who provides personal assistance with feeding to mouth (transfer of food/liquid to the supported employee’s mouth) or feeding by tube or personal hygiene, such as care of catheter or toileting support; and/or who administers medical intervention. ‘Work Based Personal Assistance Fees’ means a payment by us to you in accordance with Attachment A to the Schedule and Paragraph 24 of these Guidelines. Preface Under the Agreement with us, you agree to deliver the Activity under the Services and Support for People with Disability Program (SSPD).
Complete an Employment Assistance Plan with the Supported Employee within the first four months of Employment. If the Supported Employee’s circumstances change, as outlined in the DMI Reassessment Triggers Table, you may complete a DMI Reassessment. If a Supported Employee is unable to achieve an Employment Outcome within 12 months of the Intake Completion Date, you must Immediately Exit the Supported Employee’s Case on FOFMS. A Supported Employee may Exit the Outlet at any time. If this occurs, you must immediately Exit the Supported Employee’s Case on FOFMS. Exited Supported Employees may re-enter the same Outlet if there is available Outlet/Stretch Capacity, or Start at a new Outlet if there is available Outlet Capacity. If you are unable to provide a Supported Employee with the Activity, you must Suspend or Exit their Case on FOFMS as per the Suspension and Exit rules contained in these Guidelines. The Employment Assistance Plan You must develop an Employment Assistance Plan with each Supported Employee who accesses your service, within four months of their Intake Assessment. You and the Supported Employee must review their Employment Assistance Plan no less than every twelve months and when significant change occurs (e.g. work role or health status changes). A suggested Employment Assistance Plan is at Appendix D and a copy is also located on the Literature tab on FOFMS. After the plan is developed and agreed to by both parties you must deliver the Activity to the Supported Employee in accordance with the agreed plan. The Employment Assistance Plan must: comply with the Disability Services Standards (FaHCSIA) 2007; comply with these Guidelines; outline the planned Employment goals of the Supported Employee outline the hours of employment agreed by both the Supported Employee and the ADE; outline the training planned and delivered to address competency shortfalls identified during wage assessments; be revised as required by the circumstances of the Supported Employee or the Guidelines; and be signed by a representative of the Outlet and the Supported Employee (or the Supported Employee’s Advocate or representative). Outlet Capacity Outlet Capacity is the number of ‘places’ in an Outlet funded by us. The ‘Outlet Capacity’ for each of your Outlets is set out in Item B of the Schedule. Cases on FOFMS that are in Draft, Started or Returned from Suspension are all classified as active and therefore take up Outlet Capacity. Cases that are Suspended or Exited do not take up Outlet Capacity. We do not guarantee referrals to your Outlets or that you will operate at maximum Outlet Capacity.
You must, before commencing a Supported Employee in an Australian Apprenticeship/Traineeship ensure that the: Australian Apprenticeship/Traineeship is recognised by the AAC; Australian Apprentice/Trainee has commenced work; Australian Apprentice/Trainee has signed an Australian Apprenticeships training agreement with you; and commencement date of the Australian Apprenticeships training agreement is the 'start date' of the Australian Apprenticeship/Traineeship. We will not pay you any Incentives for Australian Apprenticeships/Traineeships if your claim for Incentives for Australian Apprenticeships/Traineeships is submitted to us more than three (3) months after an amount becomes payable under this Paragraph 25. If we accept your claim for Incentives for an Australian Apprenticeship/Traineeship we may pay you the Incentives for Australian Apprenticeships/Traineeships in arrears. You must exclude any periods of Suspension in your Incentives for Australian Apprenticeships/Traineeships claims for payment. If, in accordance with Paragraph 25.11 the Supported Employee completes the Australian Apprenticeship/Traineeship early, You may claim the Incentives for Australian Apprenticeships/Traineeships for that year. For the purposes of Paragraph 25.10, a Supported Employee completes an Australian Apprenticeship/Traineeship early if you confirm in writing to us that: the training provider and employer agree that the Supported Employee has completed the trade/traineeship (e.g. formal training and have been completed); the training provider has sent confirmation in writing to the relevant state/territory education department stating that the Supported Employee has completed the trade/traineeship; and the relevant state/territory education department has issued the Supported Employee with the relevant apprentice/trainee certificate and you have sighted such apprentice/trainee certificate. Incentives for Australian Apprenticeships/Traineeships claim forms are available from the Literature tab on FOFMS. Completed and signed forms should be submitted to your Funding Agreement Manager. Existing High Cost Worker Payment The Existing High Cost Worker Payment (EHCWP) is a ‘grandfathering’ payment designed to protect the ongoing employment of a specific cohort of Supported Employee’s whose support needs exceed the maximum Employment Maintenance Fee Funding Level 4 as set out in Attachment A of the Schedule. EHCWP are payable by us to you when: an Outlet’s average block grant price (i.e. under pre-CBF funding arrangements) exceeds the current CBF Employment Maintenance Fee Level 4;