Common use of Formal performance assessments Clause in Contracts

Formal performance assessments. During the Agreement Term, the Department will undertake formal performance assessments of the Provider at such times as the Department determines, following which the Department may, without limitation of any of the Department’s rights under this Agreement or at law, take action in accordance with clause 156 [Action following formal performance assessment], depending on the Provider’s assessed performance. Note: Providers are advised that the Department may also take performance into account in any funding decisions after the Agreement Commencement Date, including without limitation any decision to extend this Agreement. Action following formal performance assessment Performance Ratings Despite any other provision of this Agreement, if at the completion of a formal performance assessment under clause 155.6, the Provider’s Performance Rating in an ESA for any type of Program Service (including any specialist Services) is: in the lowest two ratings bands; or two ratings bands or more lower than any other Program Provider’s rating in the ESA, the Department may, at its absolute discretion, and without limitation of any of the Department’s rights under this Agreement or at law: Notify the Provider that the Provider must discontinue providing the relevant Program Services in that ESA; and cease all Referrals to the Provider in that ESA for the relevant Program Services from the date of the Notice. If the Department Notifies the Provider to discontinue providing Program Services in accordance with clause 156.1 in an ESA, the Provider must discontinue providing the Program Services in that ESA in accordance with the Notice and provide the Department with the assistance and cooperation in clauses 62.6 and 62.7 to ensure that Participants affected by the discontinuation of the Provider’s Program Services in that ESA are transferred to other Program Providers as specified by the Department. The Department may, at its absolute discretion, publish the Provider’s Performance Ratings. For the avoidance of doubt, any action taken by the Department under this clause 156 is not a reduction of scope or termination for which compensation is payable. Good faith and proportionality The Department will exercise its rights under this clause 156 reasonably and in good faith, taking into account the relevant performance. Prior to taking action following a formal performance assessment, the Department will consider any mitigating circumstances relating to the Provider’s Performance Ratings. The Provider’s Performance assessment may be amended at the Department's discretion, based on the information provided by the Provider in relation to the mitigating circumstances and taking into account any performance guidelines. Failure to provide, or inability to secure, adequate resources to perform the Services will not be considered a mitigating circumstance. Variation If the Department takes any action under this clause 156: where relevant, this Agreement will be deemed to be varied accordingly; and the Provider is not relieved of any of its obligations under this Agreement as varied.

Formal performance assessments. During the Agreement Term, the Department will undertake formal performance assessments of the Provider at such times as the Department determines, following which the Department may, without limitation of any of the Department’s rights under this Agreement or at law, take action in accordance with clause 156 867 [Action following formal performance assessment], depending on the Provider’s assessed performance. Note: Providers are advised that the Department may also take performance into account in any funding decisions after the Agreement Commencement Date, including without limitation any decision to extend this Agreement. Action following formal performance assessment Performance Ratings Despite any other provision of this Agreement, if at the completion of a formal performance assessment under clause 155.6866, the Provider’s Performance Rating in an ESA for any type of Program Service (including any specialist Services) is: in the lowest two ratings bands; or two ratings bands or more lower than any other Program Provider’s rating in the ESA, the Department may, at its absolute discretion, and without limitation of any of the Department’s rights under this Agreement or at law: Notify the Provider that the Provider must discontinue providing the relevant Program Services in that ESA; and cease all Referrals to the Provider in that ESA for the relevant Program Services from the date of the Notice. If the Department Notifies the Provider to discontinue providing Program Services in accordance with clause 156.1 868 in an ESA, the Provider must discontinue providing the Program Services in that ESA in accordance with the Notice and provide the Department with the assistance and cooperation in clauses 62.6 330 and 62.7 331 to ensure that Participants affected by the discontinuation of the Provider’s Program Services in that ESA are transferred to other Program Providers as specified by the Department. The Department may, at its absolute discretion, publish the Provider’s Performance Ratings. For the avoidance of doubt, any action taken by the Department under this clause 156 867 is not a reduction of scope or termination for which compensation is payable. Good faith and proportionality The Department will exercise its rights under this clause 156 867 reasonably and in good faith, taking into account the relevant performance. Prior to taking action following a formal performance assessment, the Department will consider any mitigating circumstances relating to the Provider’s Performance Ratings. The Provider’s Performance assessment may be amended at the Department's discretion, based on the information provided by the Provider in relation to the mitigating circumstances and taking into account any performance guidelines. Failure to provide, or inability to secure, adequate resources to perform the Services will not be considered a mitigating circumstance. Variation If the Department takes any action under this clause 156867: where relevant, this Agreement will be deemed to be varied accordingly; and the Provider is not relieved of any of its obligations under this Agreement as varied.

Formal performance assessments. During the Agreement Term, the Department will undertake formal performance assessments of the Provider at such times as the Department determines, following which the Department may, without limitation of any of the Department’s rights under this Agreement or at law, take action in accordance with clause 156 865 [Action following formal performance assessment], depending on the Provider’s assessed performance. Note: Providers are advised that the Department may also take performance into account in any funding decisions after the Agreement Commencement Date, including without limitation any decision to extend this Agreement. Action following formal performance assessment Performance Ratings Despite any other provision of this Agreement, if at the completion of a formal performance assessment under clause 155.6864, the Provider’s Performance Rating in an ESA for any type of Program Service (including any specialist Services) is: in the lowest two ratings bands; or two ratings bands or more lower than any other Program Provider’s rating in the ESA, the Department may, at its absolute discretion, and without limitation of any of the Department’s rights under this Agreement or at law: Notify the Provider that the Provider must discontinue providing the relevant Program Services in that ESA; and cease all Referrals to the Provider in that ESA for the relevant Program Services from the date of the Notice. If the Department Notifies the Provider to discontinue providing Program Services in accordance with clause 156.1 866 in an ESA, the Provider must discontinue providing the Program Services in that ESA in accordance with the Notice and provide the Department with the assistance and cooperation in clauses 62.6 330 and 62.7 331 to ensure that Participants affected by the discontinuation of the Provider’s Program Services in that ESA are transferred to other Program Providers as specified by the Department. The Department may, at its absolute discretion, publish the Provider’s Performance Ratings. For the avoidance of doubt, any action taken by the Department under this clause 156 865 is not a reduction of scope or termination for which compensation is payable. Good faith and proportionality The Department will exercise its rights under this clause 156 865 reasonably and in good faith, taking into account the relevant performance. Prior to taking action following a formal performance assessment, the Department will consider any mitigating circumstances relating to the Provider’s Performance Ratings. The Provider’s Performance assessment may be amended at the Department's discretion, based on the information provided by the Provider in relation to the mitigating circumstances and taking into account any performance guidelines. Failure to provide, or inability to secure, adequate resources to perform the Services will not be considered a mitigating circumstance. Variation If the Department takes any action under this clause 156865: where relevant, this Agreement will be deemed to be varied accordingly; and the Provider is not relieved of any of its obligations under this Agreement as varied.

Formal performance assessments. During the Agreement Term, the Department will undertake formal performance assessments of the Provider at such times as the Department determines, following which the Department may, without limitation of any of the Department’s rights under this Agreement or at law, take action in accordance with clause 156 888 [Action following formal performance assessment], depending on the Provider’s assessed performance. Note: Providers are advised that the Department may also take performance into account in any funding decisions after the Agreement Commencement Date, including without limitation any decision to extend this Agreement. Action following formal performance assessment Performance Ratings Despite any other provision of this Agreement, if at the completion of a formal performance assessment under clause 155.6887, the Provider’s Performance Rating in an ESA for any type of Program Service (including any specialist Services) is: in the lowest two ratings bands; or two ratings bands or more lower than any other Program Provider’s rating in the ESA, the Department may, at its absolute discretion, and without limitation of any of the Department’s rights under this Agreement or at law: Notify the Provider that the Provider must discontinue providing the relevant Program Services in that ESA; and cease all Referrals to the Provider in that ESA for the relevant Program Services from the date of the Notice. If the Department Notifies the Provider to discontinue providing Program Services in accordance with clause 156.1 889 in an ESA, the Provider must discontinue providing the Program Services in that ESA in accordance with the Notice and provide the Department with the assistance and cooperation in clauses 62.6 330 and 62.7 331 to ensure that Participants affected by the discontinuation of the Provider’s Program Services in that ESA are transferred to other Program Providers as specified by the Department. The Department may, at its absolute discretion, publish the Provider’s Performance Ratings. For the avoidance of doubt, any action taken by the Department under this clause 156 888 is not a reduction of scope or termination for which compensation is payable. Good faith and proportionality The Department will exercise its rights under this clause 156 888 reasonably and in good faith, taking into account the relevant performance. Prior to taking action following a formal performance assessment, the Department will consider any mitigating circumstances relating to the Provider’s Performance Ratings. The Provider’s Performance assessment may be amended at the Department's discretion, based on the information provided by the Provider in relation to the mitigating circumstances and taking into account any performance guidelines. Failure to provide, or inability to secure, adequate resources to perform the Services will not be considered a mitigating circumstance. Variation If the Department takes any action under this clause 156888: where relevant, this Agreement will be deemed to be varied accordingly; and the Provider is not relieved of any of its obligations under this Agreement as varied.

Formal performance assessments. During the Agreement Term, the Department will undertake formal performance assessments of the Provider at such times as the Department determines, following which the Department may, without limitation of any of the Department’s rights under this Agreement or at law, take action in accordance with clause 156 152 [Action following formal performance assessment], depending on the Provider’s assessed performance. Note: Providers are advised that the Department may also take performance into account in any funding decisions after the Agreement Commencement Date, including without limitation any decision to extend this Agreement. Action following formal performance assessment Performance Ratings Despite any other provision of this Agreement, if at the completion of a formal performance assessment under clause 155.6151.5, the Provider’s Performance Rating in an ESA for any type of Program Service (including any specialist Services) is: in the lowest two ratings bands; or two ratings bands or more lower than any other Program Provider’s rating in the ESA, the Department may, at its absolute discretion, and without limitation of any of the Department’s rights under this Agreement or at law: Notify the Provider that the Provider must discontinue providing the relevant Program Services in that ESA; and cease all Referrals to the Provider in that ESA for the relevant Program Services from the date of the Notice. If the Department Notifies the Provider to discontinue providing Program Services in accordance with clause 156.1 152.1 in an ESA, the Provider must discontinue providing the Program Services in that ESA in accordance with the Notice and provide the Department with the assistance and cooperation in clauses 62.6 and 62.7 to ensure that Participants affected by the discontinuation of the Provider’s Program Services in that ESA are transferred to other Program Providers as specified by the Department. The Department may, at its absolute discretion, publish the Provider’s Performance Ratings. For the avoidance of doubt, any action taken by the Department under this clause 156 152 is not a reduction of scope or termination for which compensation is payable. Good faith and proportionality The Department will exercise its rights under this clause 156 reasonably and in good faith, taking into account the relevant performance. Prior to taking action following a formal performance assessment, the Department will consider any mitigating circumstances relating to the Provider’s Performance Ratings. The Provider’s Performance assessment may be amended at the Department's discretion, based on the information provided by the Provider in relation to the mitigating circumstances and taking into account any performance guidelines. Failure to provide, or inability to secure, adequate resources to perform the Services will not be considered a mitigating circumstance. Variation If the Department takes any action under this clause 156: where relevant, this Agreement will be deemed to be varied accordingly; and the Provider is not relieved of any of its obligations under this Agreement as varied.