Common use of Transition Arrangements Clause in Contracts

Transition Arrangements. The Parties agree that: existing quality standards will be continued and strong safeguards will be maintained in WA during transition; existing Western Australian quality systems will continue to operate for providers seeking to register with the WA NDIS authority to offer supports funded by the NDIS and existing safeguarding arrangements for participants, including existing approaches to the regulation of restrictive practices; and existing Western Australian quality systems will continue to operate for Commonwealth Continuity of Support Program clients aged 65 and over, not covered by Commonwealth provisions. Table 1 sets out the quality and safeguarding arrangements that will be in place in WA during transition. This reflects current responsibilities and would be amended, subject to any transitional arrangements agreed by governments as part of transition to a national NDIS quality and safeguarding system. Table 1 – Quality and safeguard assurance arrangements during transition Applicable legislation Quality standards Accreditation and assurance processes Complaints and investigation Critical incident reporting Regulation of the use of restrictive Practices Western Australian funded programmes Disability Services Xxx 0000 Guardianship and Administration Xxx 0000 State Records Xxx 0000 Freedom of Information Xxx 0000 Children and Community Services Xxx 0000 Working with Children (Criminal Records Checking) Xxx 0000 The Mental Health Xxx 0000 Disability Service Standards Other relevant state and Commonwealth standards including standards set via state- based policies and program guidelines. Applicable state legislation or policy enforced via contract Including upfront and ongoing external quality evaluation Staff vetting via applicable legislation or legal requirements (e.g. contract) Applicable state legislation or policy enforced via contract Health and Disability Services Complaints Office Ombudsmen Public Advocate/ Guardians Government agencies Disability Services Xxx 0000 Contractual obligations Code of Practice for elimination of restrictive practice (voluntary) Disability Service Standards Commonwealth funded programmes including employment services Disability Services Xxx 0000 National Standards for Disability Services Accreditation bodies for AEDs and Advocacy Additional Program specific accreditation for early intervention Relevant government departments Commonwealth Ombudsman Aged Care Commissioner Policy enforced by contract N/A The Parties agree that NDIS participants in WA should have access to a nationally consistent complaints and appeals process, and should have access to the Administrative Appeals Tribunal. The Parties will work together to progress legislative change required to enable this. During the transition to full scheme, it is anticipated that there will be a large number of new entrants to the market as well as individuals wishing to register as providers in their own right. Western Australian or Commonwealth quality and safeguarding arrangements will apply to these new providers. The Parties will work collaboratively with the WA NDIS authority to streamline registration processes for new providers and minimise duplication and costs during the transition to full scheme. This includes developing working arrangements to streamline registration for providers already registered with the National Disability Insurance Agency (NDIA) or the Commonwealth. For example, where applicants for registration have not previously been assessed or accredited to provide services for people with disability, but have received equivalent recognition of their compliance against standards in respect of a relevant human service program, for example an aged care or family and children’s services, these would be taken into account to streamline assessment of suitability to provide NDIS funded supports. The Parties also agree to closely monitor registration processes to ensure choice and control for participants is not undermined and that safeguards remain risk-based, particularly for the registration of new providers. The Parties agree to monitor quality and safeguards arrangements during transition. Working arrangements between the Commonwealth, WA and the WA NDIS authority to ensure appropriate management and monitoring of quality and safeguard arrangements during transition will be set out in the Operational Plan. This will include specific roles and responsibilities, information exchange details, provider registration, complaints management, monitoring and will specify the relevant processes for serious incident reporting. The Parties agree that working arrangements under the Operational plan are established to ensure that the WA NDIS authority, the Department of Social Services and the NDIA are able to monitor and establish appropriate mechanisms to share provider information where there is an established risk to participants or the NDIS. If monitoring of quality and safeguard arrangements indicates that participants and agreed transition arrangements are at risk, a jointly agreed strategy for addressing issues will be developed, consistent with the risk management clauses of this Agreement. Purpose This Schedule sets out the mechanisms that will be used to assess the performance of the National Disability Insurance Scheme (NDIS) nationally and specifies how that performance will be reported. The parties agree that a number of the outcome measurements are being piloted during the transition period to full scheme and will therefore be reviewed and possibly revised at the annual review of this Schedule. Roles and Responsibilities The Western Australia (WA) NDIS authority will be responsible for providing NDIS performance reports specific to WA, as set out in this schedule and State legislation that will mirror reporting requirements in the National Disability Insurance Scheme Xxx 0000 (the NDIS Act). The National Disability Insurance Agency (NDIA) will be responsible for providing performance reports for all other states and territories. On request, the NDIA in consultation with the WA NDIS authority will be responsible for providing aggregate national reports based on information contained in the National NDIS Minimum Data Set (Schedule C refers). Integrated NDIS Performance Reporting Framework The Integrated NDIS Performance Reporting Framework is based on the accountability requirements of the governance structure for the NDIS. It will comprise the following components: NDIS Performance Reporting requirements at this level are designed to meet the accountability requirements of the Council of Australian Governments (COAG) Disability Reform Council (DRC). NDIS Performance comprises agreed outcomes, key performance indicators (KPIs) and measures designed to assess the extent to which the NDIS is achieving the outcomes intended by governments, and will be set out in the State’s NDIS legislation. Because of the longer-term focus on NDIS outcomes, reports at this level will be provided annually to the DRC from the WA NDIS authority Board (the Board). Reporting at this level has two purposes. First, it satisfies the requirements that will be specified in the State legislation, for the Board to report on expenditure and activities in relation to the NDIS. Second, it provides information on various aspects of the WA NDIS operations that will contribute directly to achieving NDIS outcomes and KPIs. This will give DRC insight through the year on progress towards achieving the outcomes of the NDIS. Reports at this level will be provided quarterly by the Board to the DRC. NDIS Activity Reporting at this level is designed to provide the Commonwealth and WA with the information required to meet their individual accountability requirements, especially in the budgetary reporting context. This information will be provided monthly by the WA NDIS authority to a nominated official at the Department of Social Services. This information will be provided through a mix of written reports and datasets. This will include de-identified participant data at the level of client unit record and aggregate level for all services provided in the trial area, if so specified Data Sources and Access The WA NDIS authority will provide access to a nominated number of officials from the NDIA and the Commonwealth, with the capacity for access to their case record management system to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The nominated officials will need to abide by the WA NDIS authority’s confidentiality and privacy requirements. The NDIA will provide access to a nominated number of officials in WA, with the capacity for access to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The officials will need to abide by the NDIA’s confidentiality and privacy requirements. All data for these reports will be sourced from the Western Australian Government’s IT systems. In the longer term, data may also be sourced from the Commonwealth Government’s IT systems. This Schedule will be reviewed annually through the transition period, and amended as agreed. Level A – Annual NDIS Performance Outcomes, KPIs and performance measures for the NDIS (Level A) are set out in Table 1 below. Data for this level of reporting will be generated from the Western Australian Government’s IT systems, and written reports will be provided annually to the DRC. Table 1: NDIS Outcomes, KPIs and Performance Measures

Transition Arrangements. The Parties agree that: existing quality standards will be continued During the transition to full scheme, South Australia and strong safeguards will be maintained in WA during transition; existing Western Australian quality systems the Commonwealth will continue to operate existing quality systems for providers seeking to register with the WA NDIS authority NDIA to offer supports funded by the NDIS and existing safeguarding arrangements for participants, including existing approaches to the regulation of restrictive practices; and existing Western Australian quality systems will continue to operate for Commonwealth Continuity of Support Program clients aged 65 and over, not covered by Commonwealth provisions. Table 1 sets out the quality and safeguarding arrangements that will be in place in WA South Australia during transition. This reflects current responsibilities and would be amended, subject to any transitional arrangements agreed by governments as part of transition to a national nationally consistent risk-based NDIS quality and safeguarding systemsystem by July 2018 (as per paragraph 5). Table 1 – Quality and safeguard assurance arrangements during transition Applicable legislation Quality standards Accreditation and assurance processes Complaints and investigation Critical incident reporting Regulation of the use of restrictive Practices Western Australian South Australia funded programmes Applicable state legislation National Standards for Disability Services Xxx 0000 Guardianship and Administration Xxx 0000 State Records Xxx 0000 Freedom of Information Xxx 0000 Children and Community Services Xxx 0000 Working with Children (Criminal Records Checking) Xxx 0000 The Mental Health Xxx 0000 Disability Service Standards Other relevant state and Commonwealth standards including standards set via state- based policies and program guidelines. Applicable state legislation or policy enforced via Accreditation body Or independent Quality evaluation Or contract Including upfront and ongoing external quality evaluation Staff vetting via applicable legislation or legal requirements (e.g. contract) Applicable state legislation or policy enforced via contract management Complaints / Incident Unit in Department for Communities & Social Inclusion Community Visitor Scheme Health and Disability & Community Services Complaints Office Commissioner Ombudsmen Public Advocate/ Guardians Government agencies Disability Services Xxx 0000 Contractual obligations Code of Practice Care Concern Investigation Unit in Department for elimination of restrictive practice (voluntary) Disability Service Standards Communities & Social Inclusion Applicable state legislation Or Policy enforced via contract Applicable state legislation Or Policy enforced via contract Commonwealth funded programmes including employment services Disability Services Xxx 0000 National Standards for Disability Services Accreditation bodies for AEDs and Advocacy Additional Program specific accreditation for early intervention Relevant Commonwealth government departments Commonwealth Ombudsman Aged Care Commissioner Policy enforced by contract N/A In regard to decisions or actions taken by the NDIA, NDIS participants will have access to Administrative Appeals Tribunal for merits review of decisions. They can also access the Commonwealth Ombudsman if they have a complaint about the administration of the NDIA. The Parties agree that NDIS participants in WA should have access to a nationally consistent complaints and appeals process, and should have access to the Administrative Appeals Tribunal. The Parties will work together to progress legislative change required manage any inconsistencies with existing South Australian quality and safeguard legislation for compatibility with transition arrangements. Parties agree to enable thiswork together, with the NDIA, to keep South Australian registered providers and NDIS participants well informed of the progression of transition arrangements to full scheme implementation. During the transition to full scheme, it is anticipated that there will be a large number of new entrants to the market as well as individuals wishing to register as providers in their own right. Western Australian South Australia or Commonwealth quality and safeguarding arrangements will apply to these new providers. The Parties will work collaboratively with the WA NDIS authority NDIA to streamline registration processes for new providers and minimise duplication and costs for both the Agency and support providers during the transition to full scheme. This includes developing working arrangements to streamline registration for providers already registered with the National Disability Insurance Agency (NDIA) or the Commonwealth. For example, where applicants for NDIA registration have not previously been assessed or accredited to provide services for people with disability, but have received equivalent recognition of their compliance against standards in respect of a relevant human service program, for example an aged care or family and children’s services, these would be taken into account to streamline assessment of suitability to provide NDIS funded supports. The Parties also agree to closely monitor registration processes to ensure choice and control for participants is not undermined and that safeguards remain risk-basedrisk‑based, particularly for the registration of new providers. The Parties parties agree to monitor quality and safeguards arrangements during transition. Working arrangements between the Commonwealth, WA South Australia and the WA NDIS authority NDIA to ensure appropriate management and monitoring of quality and safeguard arrangements during transition will be set out in the Operational PlanPlan to support the implementation of transition in South Australia to be agreed following finalisation of this Agreement. This Operational plans will include specific roles and responsibilitiesresponsibilities and information exchange. The Parties agree to work with the NDIA, information exchange detailsthrough the development of the Operational Plan, provider registrationto ensure that working arrangements are established to give effect to this schedule, in particular, in the areas of monitoring, complaints management, monitoring incident management and will specify the relevant processes for serious incident reporting. The Parties agree that working arrangements under the Operational plan are established to ensure that the WA NDIS authority, the Department of Social Services and the NDIA are able to monitor and establish appropriate mechanisms to share provider information where there is an established risk to participants or the NDISregistration. If monitoring of quality and safeguard arrangements indicates that participants and agreed transition arrangements are at risk, a jointly agreed strategy for addressing issues will be developed, consistent with the risk management clauses clause 54-56 of this Agreement. Purpose This Schedule sets out the mechanisms that will be used to assess the performance of the National Disability Insurance Scheme (NDIS) nationally and specifies how that performance will be reported. It incorporates relevant content contained in the Annex to the Intergovernmental Agreement on NDIS Launch on performance reporting, which is superseded for the transition to full scheme by this Schedule. This Schedule should be read in conjunction with clauses 36 to 40 of this Agreement. The parties agree that a number of the outcome measurements are being piloted during the transition period to full scheme and will therefore be reviewed and possibly revised at the annual review of this Schedule. Roles and Responsibilities The Western Australia (WA) NDIS authority will be responsible for providing NDIS performance reports specific to WA, as set out in this schedule and State legislation that will mirror reporting requirements in the National Disability Insurance Scheme Xxx 0000 (the NDIS Act). The National Disability Insurance Agency (NDIA) will be responsible for providing performance reports for all other states and territories. On request, the NDIA in consultation with the WA NDIS authority will be responsible for providing aggregate national reports based on information contained in the National NDIS Minimum Data Set (Schedule C refers). Integrated NDIS Performance Reporting Framework The Integrated NDIS Performance Reporting Framework is based on the accountability requirements of the governance structure for the NDIS. It will comprise the following components: NDIS Performance Reporting requirements at this level are designed to meet the accountability requirements of the Council of Australian Governments (COAG) Disability Reform Council (DRC). NDIS Performance comprises agreed outcomes, key performance indicators (KPIs) and measures designed to assess the extent to which the NDIS is achieving the outcomes intended by governments, and will be set out in the State’s NDIS legislation. Because of the longer-term focus on NDIS outcomes, reports at this level will be provided annually to the DRC from the WA NDIS authority Board (the Board). Reporting at this level has two purposes. First, it satisfies the requirements that will be specified in the State legislation, for the Board to report on expenditure and activities in relation to the NDIS. Second, it provides information on various aspects of the WA NDIS operations that will contribute directly to achieving NDIS outcomes and KPIs. This will give DRC insight through the year on progress towards achieving the outcomes of the NDIS. Reports at this level will be provided quarterly by the Board to the DRC. NDIS Activity Reporting at this level is designed to provide the Commonwealth and WA with the information required to meet their individual accountability requirements, especially in the budgetary reporting context. This information will be provided monthly by the WA NDIS authority to a nominated official at the Department of Social Services. This information will be provided through a mix of written reports and datasets. This will include de-identified participant data at the level of client unit record and aggregate level for all services provided in the trial area, if so specified Data Sources and Access The WA NDIS authority will provide access to a nominated number of officials from the NDIA and the Commonwealth, with the capacity for access to their case record management system to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The nominated officials will need to abide by the WA NDIS authority’s confidentiality and privacy requirements. The NDIA will provide access to a nominated number of officials in WA, with the capacity for access to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The officials will need to abide by the NDIA’s confidentiality and privacy requirements. All data for these reports will be sourced from the Western Australian Government’s IT systems. In the longer term, data may also be sourced from the Commonwealth Government’s IT systems. This Schedule will be reviewed annually through the transition period, and amended as agreed. Level A – Annual NDIS Performance Outcomes, KPIs and performance measures for the NDIS (Level A) are set out in Table 1 below. Data for this level of reporting will be generated from the Western Australian Government’s IT systems, and written reports will be provided annually to the DRC. Table 1: NDIS Outcomes, KPIs and Performance Measures.

Transition Arrangements. The Parties agree that: existing quality standards will be continued During the transition to full scheme, NSW and strong safeguards will be maintained in WA during transition; existing Western Australian quality systems the Commonwealth will continue to operate existing quality systems for providers seeking to register with the WA NDIS authority NDIA to offer supports funded by the NDIS and existing safeguarding arrangements for participants, including existing approaches to the regulation of restrictive practices; and existing Western Australian quality systems will continue to operate for Commonwealth Continuity of Support Program clients aged 65 and over, not covered by Commonwealth provisions. Table 1 sets out the quality and safeguarding arrangements that will be in place in WA NSW during transition. This reflects current responsibilities and would be amended, subject to any transitional arrangements agreed by governments as part of transition to a national nationally consistent risk-based NDIS quality and safeguarding systemsystem by July 2018 (as per clause 5). Table 1 – Quality and safeguard assurance arrangements during transition Applicable legislation Quality standards Accreditation and assurance processes Complaints and investigation Critical incident reporting Regulation of the use of restrictive Practices Western Australian NSW funded programmes NSW Disability Services Inclusion Xxx 0000 Guardianship and Administration Disability Inclusion Regulation 2014 Community Services (Complaints, Reviews and Monitoring) Xxx 0000 State Records Xxxxxxxxx Xxx 0000 Freedom of Information Child Protection (Working with Children) Xxx 0000 Children and Young Persons (Care and Protection) Act (1998) and Children and Young Persons (Care and Protection) Regulation 2012 NSW Disability Services Standards or comparable standards as approved by the secretary. Other relevant state standards including NSW Children’s Guardian standards for statutory out of home care Third party verification NSW Children’s Guardian’s accreditation and Quality Improvement program. NSW Ombudsman NSW Health Care Complaints Commission As required by the Xxxxxxxxx Xxx 0000 (NSW) and Community Services Xxx 0000 Working with Children (Criminal Records CheckingComplaints, Reviews and Monitoring) Xxx 0000 The Mental Health Xxx 0000 Disability Service Standards Other relevant state and Commonwealth standards including standards set via state- based policies and program guidelines. Applicable state legislation or policy (NSW) Policy enforced via contract Including upfront and ongoing external quality evaluation Staff vetting via applicable legislation or legal requirements (e.g. contract) Applicable state legislation or policy enforced via contract Health and Disability Services Complaints Office Ombudsmen Public Advocate/ Guardians Government agencies Disability Services Xxx 0000 Contractual obligations Code of Practice for elimination of restrictive practice (voluntary) Disability Service Standards Commonwealth funded programmes including employment services Disability Services Xxx 0000 National Standards for Disability Services Accreditation bodies for AEDs and Advocacy Additional Program specific accreditation for early intervention Relevant government departments Commonwealth Ombudsman Aged Care Commissioner Policy enforced by contract N/A The Parties agree that In regard to decisions or actions taken by the NDIA, NDIS participants in WA should will have access to a nationally consistent complaints and appeals process, and should have access to the Administrative Appeals TribunalTribunal for merits review of decisions. The They can also access the Commonwealth Ombudsman if they have a complaint about administration of the NDIA. Parties will agree to work together to progress legislative change required to enable thismanage any inconsistencies with existing NSW quality and safeguard legislation for compatibility with transition arrangements. During the transition to full scheme, it is anticipated that there will be a large number of new entrants to the market as well as individuals wishing to register as providers in their own right. Western Australian NSW or Commonwealth quality and safeguarding arrangements will apply to these new providers. The Parties will work collaboratively with the WA NDIS authority NDIA to streamline registration processes for new providers and minimise duplication and costs for both the Agency and support providers during the transition to full scheme. This includes developing working arrangements to streamline registration for providers already registered with the National Disability Insurance Agency (NDIA) or the Commonwealth. For example, where applicants for NDIA registration have not previously been assessed or accredited to provide services for people with disability, but have received equivalent recognition of their compliance against standards in respect of a relevant human service program, for example an aged care or family and children’s services, these would be taken into account to streamline assessment of suitability to provide NDIS funded supports. The Parties also agree to closely monitor registration processes to ensure choice and control for participants is not undermined and that safeguards remain risk-based, particularly for the registration of new providers. The Parties agree to monitor quality and safeguards arrangements during transition. Working arrangements between the Commonwealth, WA NSW and the WA NDIS authority NDIA to ensure appropriate management and monitoring of quality and safeguard arrangements during transition will be set out in the Operational PlanPlan to support the implementation of transition in NSW to be agreed following finalisation of this Agreement. This Operational Plans will include specific roles and responsibilities, information exchange details, provider registration, complaints management, monitoring details and will specify the relevant NDIA processes for serious incident reporting. The Parties agree to work with the NDIA, through the development of operational plans, to ensure that working arrangements under the Operational plan are established to ensure that give effect to this schedule, in particular, in the WA NDIS authorityareas of monitoring, the Department of Social Services complaints management, incident management and the NDIA are able to monitor reporting, and establish appropriate mechanisms to share provider information where there is an established risk to participants or the NDISregistration. If monitoring of quality and safeguard arrangements indicates that participants and agreed transition arrangements are at risk, a jointly agreed strategy for addressing issues will be developed, consistent with the risk management clauses 48-51 of this Agreement. Purpose This Schedule sets out the mechanisms that will be used to assess the performance of the National Disability Insurance Scheme (NDIS) nationally and specifies how that performance will be reported. It incorporates relevant content contained in the Annex to the Intergovernmental Agreement on NDIS Launch on performance reporting, which is superseded for the transition to full scheme by this Schedule. This Schedule should be read in conjunction with clauses 42-46 of this Agreement. The parties agree that a number of the outcome measurements are being piloted during the transition period to full scheme and will therefore be reviewed and possibly revised at the annual review of this Schedule. Roles and Responsibilities The Western Australia (WA) NDIS authority will be responsible for providing NDIS performance reports specific to WA, as set out in this schedule and State legislation that will mirror reporting requirements in the National Disability Insurance Scheme Xxx 0000 (the NDIS Act). The National Disability Insurance Agency (NDIA) will be responsible for providing performance reports for all other states and territories. On request, the NDIA in consultation with the WA NDIS authority will be responsible for providing aggregate national reports based on information contained in the National NDIS Minimum Data Set (Schedule C refers). Integrated NDIS Performance Reporting Framework The Integrated NDIS Performance Reporting Framework is based on the accountability requirements of the governance structure for the NDIS. It will comprise the following components: NDIS Performance Reporting requirements at this level are designed to meet the accountability requirements of the Council of Australian Governments (COAG) Disability Reform Council (DRC). NDIS Performance comprises agreed outcomes, key performance indicators (KPIs) and measures designed to assess the extent to which the NDIS is achieving the outcomes intended by governments, and will be as set out in the State’s NDIS legislation. Because of the longer-term focus on NDIS outcomes, reports at this level will be provided annually to the DRC from the WA NDIS authority Board NDIA Board. National Disability Insurance Agency (the Board). NDIA) Operational Performance Reporting at this level has two purposes. First, it satisfies the requirements that will be specified in the State legislation, legislation for the NDIA Board to report on expenditure and activities in relation to the NDIS. Second, it provides information on various aspects of the WA NDIS NDIA operations that will contribute directly to achieving the achievement of NDIS outcomes and KPIs. This will give DRC insight through the year on progress towards achieving the outcomes of the NDIS. Reports at this level will be provided quarterly by the NDIA Board to the DRC, and will be disaggregated to jurisdictional levels, as well as providing national totals. NDIS Activity in Jurisdictions Reporting at this level is designed to provide the Commonwealth and WA jurisdictions with the information required they require to meet their own individual accountability requirements, especially in the budgetary reporting context. This information will be provided monthly by the WA NDIS authority NDIA to a nominated official at the Department of Social Servicesofficials in each jurisdiction. This information will be provided in datasets accessed through a mix of the data warehouse, rather than in written reports and datasetsreports. This will include de-identified participant data at the level of client unit record and aggregate level for all services provided in the trial area, if so specified by individual jurisdictions. Data Sources and Access The WA NDIS authority will provide access to a nominated number of officials from the NDIA and the Commonwealth, with the capacity for access to their case record management system to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The nominated officials will need to abide by the WA NDIS authority’s confidentiality and privacy requirements. The NDIA will provide access to a nominated number of officials in WA, with the capacity for access to be delegated to additional officials for a defined purpose or period of time, to the case management system in real time on a read only basis. The officials will need to abide by the NDIA’s confidentiality and privacy requirements. All data for these reports will be sourced from the Western Australian GovernmentNDIA’s IT systems. In the longer term, term data may also be sourced from the Commonwealth GovernmentDepartment of Human Services and linked to the NDIA’s IT systemsdata in order to measure increases in social and economic participation for people with a disability and for people caring for people with a disability. Annual Review This Schedule will be reviewed annually through the transition period, and amended as agreed. Level A – Annual NDIS Performance Outcomes, KPIs and performance measures for the NDIS (Level A) are set out in Table 1 below. Data for this level of reporting will be generated from the Western Australian GovernmentNDIA’s IT systems, and written reports will be provided annually by the NDIA Board to the DRC. Table 1: NDIS Outcomes, KPIs and Performance Measures