Long Descriptions

Long Description: Section 4.7 Ending the agreement, suspending the agreement and dispute resolution

This flowchart describes the process to be followed by the Department and by the Agency in the case of breach of the service agreement or the inability of either party to fulfil their obligations under the service agreement. It also details the dispute resolution process.

1. Terminable breach of the Agreement

In the case of a breach of the service agreement which is considered to be terminable, the department provides notice in writing to the organisation of the breach.

The organisation has 7 days from this notice to remedy the breach. If the breach is remedied within 7 days the service agreement can continue.

If the breach is not remedied within 7 days, the dispute resolution process may be commenced if applicable, or the service agreement may be terminated.

The service agreement termination process is outlined later in this section.

2. Non-terminable Breach of the Agreement

If the breach of the agreement is not immediately terminable, the dispute resolution process is begun.

3. Inability of either party to fulfil obligations

In some cases where there is no breach of the service agreement, there may still be an inability on the part of one of the parties to fulfil the obligations of the service agreement.

In this instance the dispute resolution process will be commenced.

4. Dispute Resolution Process

The other party or parties to the agreement are immediately notified of the breach of the agreement or the inability of a party to fulfil obligations. The date on which this occurs is called the Trigger Date.

Discussions between the parties are to be arranged to take place within 14 days of the trigger date.

If the issue is resolved during the discussions, the agreed actions are to be documented within 6 days and the service agreement will continue.

If the issue is not resolved during the discussions, written notification is sent to all parties detailing:

• that discussions failed to resolve the issues satisfactorily;
• the proposed action to be taken; and
• a specific date on which action will be taken, which cannot be any earlier than 42 days after the Trigger Date.

Either party may at this stage refer the dispute to the responsible Regional Director/Executive Director.

Parties will meet with the Regional Director/Executive Director within 35 days of the Trigger Date. The parties will be given the opportunity to present their case.

If the issue is resolved during the meeting with the Regional Director/Executive Director, the service agreement will continue.

If the issue is not resolved during the meeting with the Regional Director/Executive Director, the Regional Director/Executive Director will determine if the service agreement is to continue or if it will be terminated.

The service agreement termination process is outlined later in this section.

Long Description: Section 5.1 Fire Risk Management - Figure 4 Determining appropriate fire safety standards

For Private Home or Lead Tenant services

If the service is a Carer’s home or Lead Tenant service the Lead Tenant/Home-based Care Service Fire Safety Standard is applicable.
Example: Foster Care.

If the premises if a Service Recipient’s home the Support Service Only Fire Safety Standard is applicable.
Example: In home respite, outreach services or Home and Community Care.

For all other non bed-based services

If the service is not bed-based general requirements apply. Further information about these can be found on the previous pages of this information kit.
Example: Maternal and Child Health, Preschools and A.T.S.S.

For all other bed-based services

If there are no rostered or live in staff providing 24 hour support or supervision, the Relevant Authorities Fire Safety Standard is applicable.
Example: Some Disability Services Community Group Homes.

If rostered or live in staff provide 24 hour support or supervision, and the premises are owned by DHS, the Crown, the Office of Housing or a Statutory Authority, the DHS Fire Risk Management Standard is applicable. Example: DHS owned, Some P.D.S.S., Some Drug and Alcohol Residential Services, Community Housing Programs, Some N.G.O. operated Placement and Support residential properties.

For premises that are not Government owned, where rostered or live in staff provide 24 hour support or supervision, and the premises are intended specifically to accommodate statutory clients, the NGO Premises Fire Safety Standard is applicable. Example: N.G.O. owned, Placement and Support properties intended to house statutory clients, Disability Congregate Care, Community Living Support Scheme.

For premises that are not Government owned, where rostered or live in staff provide 24 hour support or supervision and the premises are not intended specifically to accommodate statutory clients, the Relevant Authorities Fire Safety Standard is applicable. Example: Most Support Accommodation Assistance Program, Bed-based services intended to house non-statutory clients.