Common use of GOVERNANCE ARRANGEMENTS Clause in Contracts

GOVERNANCE ARRANGEMENTS. The NLAP will be supported by the Legal Assistance Services Inter Governmental Committee consisting of officials from the Parties. This Committee is supported by a National Legal Assistance Advisory Group, consisting of representatives from the national legal assistance sector, research bodies and other national bodies related to legal assistance. Officials from the Commonwealth will, within each jurisdiction and on a tripartite basis, meet annually with officials from the State and delegates representing each type of legal assistance provider individually to discuss issues relating to the NLAP. Enforceability of the Agreement The Parties do not intend any of the provisions of the NLAP to be legally enforceable. However, this does not lessen the Parties’ commitment to the NLAP. Review of the Agreement In accordance with Clause E23 of the IGA FFR, the NLAP is time limited. To assess the degree to which the agreed objectives and outcomes and/or outputs have been achieved, and inform decisions regarding the appropriate treatment following its expiry, an Independent Review of the NLAP will be scheduled to be completed approximately 18 months prior to its expiry. The NLAP is intended to provide funding for the delivery of legal assistance services which help vulnerable people facing disadvantage, who are unable to afford private legal services, to engage effectively with the justice system in order to address their legal problems. The Independent Review of the NLAP should, at a minimum, consider: progress towards achieving the overall objectives and outcomes of the NLAP; the appropriateness of the NLAP in achieving its objective and outcomes and delivering its outputs; and whether mainstream, specialist and Aboriginal and Xxxxxx Strait Islander specific legal assistance services funded under the NLAP have been delivered in an effective, efficient and appropriate manner. The Independent Review will be conducted by an appropriately skilled and qualified independent third party, including that the third party will be able to conduct a review in a culturally appropriate manner, or be able to work with, sub‑contract or partner with another entity that has this capability. The terms of reference for the Independent Review will be jointly developed by the Parties, in consultation with the National Legal Assistance Advisory Group. The Commonwealth will lead the management of the Independent Review, with key decisions to be made jointly by the Parties and in consultation with the National Legal Assistance Advisory Group. The final report for the Independent Review must be made publically available by the Commonwealth within three months on completion of the Independent Review, unless it is not reasonable, appropriate or practical to do so at the time. The costs of the Independent Review will be shared by the Parties, with 50% of the cost to be covered by the Commonwealth and 50% to be collectively covered by the States. The States’ share of the costs for the Independent Review will be based on their respective proportion of Commonwealth funding for legal assistance services received under the NLAP. With consideration of the outcomes of the Independent Review, the Parties will consider future arrangements for ongoing, quarantined Commonwealth funding for mainstream, specialist and Aboriginal and Xxxxxx Xxxxxx Islander specific legal assistance services beyond the term of the NLAP. The Parties will consider future arrangements when framing their budgets, noting that this would be subject to the outcomes of relevant government processes at both the Commonwealth and State level. Variation of the Agreement The NLAP may be amended at any time by agreement in writing by all the Parties. An individual Party to the NLAP may terminate their participation in the NLAP at any time by notifying, in writing, all the other Parties and all relevant legal assistance providers funded under the NLAP.

GOVERNANCE ARRANGEMENTS. The NLAP will be supported by the Legal Assistance Services Inter Governmental Committee consisting of officials from the Parties. This Committee is supported by a National Legal Assistance Advisory Group, consisting of representatives from the national legal assistance sector, research bodies and other national bodies related to legal assistance. Officials from the Commonwealth will, within each jurisdiction and on a tripartite basis, meet annually with officials from the State and delegates representing each type of legal assistance provider individually to discuss issues relating to the NLAP. Enforceability of the Agreement The Parties do not intend any of the provisions of the NLAP to be legally enforceable. However, this does not lessen the Parties’ commitment to the NLAP. Review of the Agreement In accordance with Clause E23 of the IGA FFR, the NLAP is time limited. To assess the degree to which the agreed objectives and outcomes and/or outputs have been achieved, and inform decisions regarding the appropriate treatment following its expiry, an Independent Review of the NLAP will be scheduled to be completed approximately 18 months prior to its expiry. The NLAP is intended to provide funding for the delivery of legal assistance services which help vulnerable people facing disadvantage, who are unable to afford private legal services, to engage effectively with the justice system in order to address their legal problems. The Independent Review of the NLAP should, at a minimum, consider: progress towards achieving the overall objectives and outcomes of the NLAP; the appropriateness of the NLAP in achieving its objective and outcomes and delivering its outputs; and whether mainstream, specialist and Aboriginal and Xxxxxx Strait Xxxxxx Islander specific legal assistance services funded under the NLAP have been delivered in an effective, efficient and appropriate manner. The Independent Review will be conducted by an appropriately skilled and qualified independent third party, including that the third party will be able to conduct a review in a culturally appropriate manner, or be able to work with, sub‑contract or partner with another entity that has this capability. The terms of reference for the Independent Review will be jointly developed by the Parties, in consultation with the National Legal Assistance Advisory Group. The Commonwealth will lead the management of the Independent Review, with key decisions to be made jointly by the Parties and in consultation with the National Legal Assistance Advisory Group. The final report for the Independent Review must be made publically available by the Commonwealth within three months on completion of the Independent Review, unless it is not reasonable, appropriate or practical to do so at the time. The costs of the Independent Review will be shared by the Parties, with 50% of the cost to be covered by the Commonwealth and 50% to be collectively covered by the States. The States’ share of the costs for the Independent Review will be based on their respective proportion of Commonwealth funding for legal assistance services received under the NLAP. With consideration of the outcomes of the Independent Review, the Parties will consider future arrangements for ongoing, quarantined Commonwealth funding for mainstream, specialist and Aboriginal and Xxxxxx Xxxxxx Islander specific legal assistance services beyond the term of the NLAP. The Parties will consider future arrangements when framing their budgets, noting that this would be subject to the outcomes of relevant government processes at both the Commonwealth and State level. Variation of the Agreement The NLAP may be amended at any time by agreement in writing by all the Parties. An individual Party to the NLAP may terminate their participation in the NLAP at any time by notifying, in writing, all the other Parties and all relevant legal assistance providers funded under the NLAP.