Common use of Disputed Assessments Clause in Contracts

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia Assessment Services under clause 120.1, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 [Change of Circumstances Reassessment during Period of Service] and 129 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2, 87.3 and 87.4, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia Assessment Services under clause 117.1 or 120.1, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 [Change of Circumstances Reassessment during Period of Service] and 129 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2, 87.3 and 87.4, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 422 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia DHS Assessment Services under clause 120.1653 or 662, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia DHS Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia DHS Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia DHS Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 661 [Change of Circumstances Reassessment during Period of Service] and 129 694 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2432, 87.3 433 and 87.4434, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia DHS Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia DHS Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia DHS Assessment Services under clause 117.1 or 120.1, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia DHS Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia DHS Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia DHS Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 [Change of Circumstances Reassessment during Period of Service] and 129 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2, 87.3 and 87.4, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia DHS Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia DHS Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 422 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia DHS Assessment Services under clause 120.1674 or 683, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia DHS Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia DHS Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia DHS Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 682 [Change of Circumstances Reassessment during Period of Service] and 129 715 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2432, 87.3 433 and 87.4434, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia DHS Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia DHS Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia DHS Assessment Services under clause 120.1113.1 or 116.1, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia DHS Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia DHS Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia DHS Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia DHS Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 116 [Change of Circumstances Reassessment during Period of Service] and 129 125 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2, 87.3 and 87.4, if a Participant presents to the Provider without a Referral, the Provider must immediately: confirm that the Participant: is not currently Registered with another Program Provider or Employment Service Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Disability Employment Services – Disability Management Service Participant or Disability Employment Services – Employment Support Service Participant in accordance with the Guidelines, and, if this is confirmed; Directly Register the Participant; and confirm that the Participant has a Valid ESAt or JCA in accordance with the Guidelines; and if the Participant has a Valid ESAt or JCA: conduct an Initial Interview with the Participant; Commence the Participant: as a Disability Employment Services – Disability Management Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Disability Management Service; or as a Disability Employment Services – Employment Support Service Participant, if the Valid ESAt or JCA recommends that the Participant receive Disability Employment Services – Employment Support Service; and provide the Program Services to the Participant; or if the Participant does not have a Valid ESAt or JCA, in accordance with any Guidelines: immediately refer the Participant to Services Australia DHS Assessment Services for an Assessment; and if the Participant is Referred back to the Provider by the Services Australia DHS Assessment Services, provide the Program Services to the Participant. If a Special Class Client presents to the Disability Employment Services – Disability Management Service Provider without a Referral, the Disability Employment Services – Disability Management Service Provider must: confirm that the Special Class Client: is not currently Registered with another Program Provider, as identified on the Department’s IT Systems; and meets the eligibility requirements for a Special Class Client, in accordance with the Guidelines, and, if this is confirmed; immediately Directly Register the Special Class Client; immediately conduct an Initial Interview and Commence the Special Class Client as a Disability Employment Services – Disability Management Service Participant; and provide the Program Services to the Special Class Client.