Common use of ROLES AND RESPONSIBILITIES OF EACH PARTY Clause in Contracts

ROLES AND RESPONSIBILITIES OF EACH PARTY. To realise the objective and outcomes of this Agreement, each Party has specific roles and responsibilities, as outlined below. Roles of the Commonwealth The Commonwealth agrees to be accountable for the following roles and responsibilities: providing a financial contribution to the States for the delivery of legal assistance services by legal aid commissions and community legal centres; monitoring and assessing performance in the delivery of legal assistance services under this Agreement to ensure that outputs are delivered and outcomes are achieved within the agreed timeframes; providing national guidance, oversight and support for collaborative service planning (Schedule A); specifying Commonwealth priorities and eligibility principles for the delivery of legal assistance services under this Agreement (Schedule B); and providing a forum to facilitate information sharing with the States regarding best practice delivery of legal assistance services. Separate to this Agreement, the Commonwealth will administer the Expensive Commonwealth Criminal Cases Fund, under which legal aid commissions can apply, pursuant to guidelines, for reimbursement of legal costs incurred in expensive, complex Commonwealth criminal cases. Roles of the States The States agree to be accountable for the following roles and responsibilities: administering Commonwealth funding for the delivery of legal assistance services by legal aid commissions and community legal centres, in accordance with the Commonwealth priorities at Schedule B; in 2015-16 and 2016-17, distributing Commonwealth funding for the delivery of legal assistance services by specific community legal centres listed in Schedule C; determining the methodology for the distribution of Commonwealth funding for the delivery of legal assistance services by community legal centres (except for the funding referred to in clause 14(b)), informed by the outcomes of collaborative service planning; from 2017-18, distributing defined funding to community legal centres for family law services and family violence related services; ensuring that the Commonwealth supplementation for the SACS sector is distributed only to Eligible Service Providers, as defined in the National Partnership Agreement on Pay Equity for the SACS sector, through a clear and fair process that is consistent with the principles of procedural fairness set out in Schedule B of the SACS National Partnership Agreement; undertaking collaborative service planning, including meetings with the legal assistance sector, to improve coordination between service providers in the planning and delivery of services, with reference to the guidance at Schedule A; facilitating surveys of legal aid commission and community legal centre clients; monitoring and assessing the delivery of legal assistance services under this Agreement; and reporting to the Commonwealth on the delivery of legal assistance services under this Agreement, as set out in Part 4 – Performance Monitoring and Reporting.

ROLES AND RESPONSIBILITIES OF EACH PARTY. ‌ 23. To realise the objective objectives and outcomes of this Agreementcommitments in the NAJP, each Party has specific roles and responsibilities, as outlined below. Roles Role of the Commonwealth Commonwealth‌ 24. The Commonwealth agrees to be accountable for responsible for: (a) facilitating information sharing at the following roles national level with the States, the national legal assistance sector peak bodies and responsibilities: national legal centres; (b) organising, facilitating and participating in forums at the national level with the States, the national legal assistance sector peak bodies and national legal centres; (c) providing a financial contribution to the States for the delivery of legal assistance services by in accordance with the NAJP; (d) providing a financial contribution to support the States in administering the NAJP; (e) sharing resources at the national level which support the ongoing development and capacity of the legal aid commissions assistance sector within available funding; (f) leading, conducting and community legal centres; participating in national collaborative service planning in accordance with Schedule C; (g) providing specific guidance and support to the States on the requirements and implementation of collaborative service planning; (h) monitoring and assessing performance in under the delivery of legal assistance services under this Agreement NAJP to ensure that outputs are delivered and outcomes are achieved within achieved; (i) facilitating improvements to the agreed timeframes; collection of nationally consistent data and the (j) providing national guidancea financial contribution to the Legal Assistance Service Data publication; (k) developing a new data repository for Community Legal Centres, oversight Women’s Legal Services, and support for collaborative service planning (Schedule A); specifying Commonwealth priorities and eligibility principles for the delivery of any other legal assistance services under this Agreement provider as applicable; and (l) taking direct action, in consultation with the relevant State, in Exceptional Circumstances to prevent disruptions to service delivery (as outlined in Schedule B); and providing a forum . 25. The Commonwealth may provide guidance, to facilitate information sharing with the States regarding best practice delivery of and the legal assistance servicessector, on operationalising and implementing the requirements outlined in the NAJP. Separate to this Agreement, the Commonwealth will administer the Expensive Commonwealth Criminal Cases Fund, under which legal aid commissions can apply, pursuant to guidelines, for reimbursement of legal costs incurred in expensive, complex Commonwealth criminal cases. Roles Role of the States and Territories‌ 26. The States agree to be accountable responsible for: (a) facilitating information sharing at the jurisdictional level with the Commonwealth and the legal assistance sector; (b) organising, facilitating and participating in jurisdictional legal assistance forums with the Parties and the legal assistance sector; (c) providing, on an annual basis, State funding information for legal assistance services, disaggregated to separately identify each legal assistance subsector, to the following roles Commonwealth in a manner and responsibilities: format established by the Legal Assistance Services Inter Governmental Committee; (d) facilitating the provision of Legal Assistance Service Data in accordance with Schedule D; (e) allocating or distributing, as applicable, and administering quarantined Commonwealth funding for the delivery of legal assistance services by legal aid commissions and community legal centresservices, in accordance with the Commonwealth priorities at NAJP; (f) participate in national collaborative service planning in accordance with Schedule C; (g) leading, conducting and participating in jurisdictional and local collaborative service planning in accordance with Schedule C; (h) supporting the ongoing development and capacity of the legal assistance sector within available funding; (i) ensuring legal assistance providers uphold accountability as publicly funded organisations in accordance with Schedule B; in 2015-16 ; (j) distributing funding provided by the Commonwealth for the purpose of reducing pay disparity between employees of Legal Aid Commissions and 2016-17employees within Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander Legal Services, distributing Commonwealth funding for Community Legal Centres, Women’s Legal Services and Family Violence Prevention and Legal Services; (k) where applicable, reviewing, updating or implementing a jurisdictional Legal Assistance Strategy and Action Plan; (l) reporting on the delivery of legal assistance services by specific community legal centres listed in Schedule C; determining the methodology for the distribution of Commonwealth funding for the delivery of legal assistance services by community legal centres (except for the funding referred to in clause 14(b)), informed by the outcomes of collaborative service planning; from 2017-18, distributing defined funding to community legal centres for family law services and family violence related services; ensuring that the Commonwealth supplementation for the SACS sector is distributed only to Eligible Service Providers, outputs as defined in the National Partnership Agreement on Pay Equity for the SACS sector, through a clear and fair process that is consistent with the principles of procedural fairness set out in Schedule B of the SACS National Partnership Agreement; undertaking collaborative service planning, including meetings with the legal assistance sector, to improve coordination between service providers in the planning and delivery of services, with reference to the guidance at Schedule A; facilitating surveys of legal aid commission and community legal centre clients; Part 4; (m) monitoring and assessing the delivery of legal assistance services under this Agreementthe NAJP; (n) requiring that providers funded under the NAJP collect data, using a case management system that records relevant information and interacts with a centralised data system where applicable, for reporting purposes in accordance with reporting obligations under the NAJP; and (o) requiring that legal assistance data and reporting information is collected and reported consistent with the National Legal Assistance Data Standards Manual. 27. The Commonwealth’s preference is that the States’ roles and responsibilities not be delegated to a legal assistance provider. However, the States may choose to delegate to a legal assistance provider, in consultation with that legal assistance provider and the legal assistance sector in that jurisdiction, all or part of their roles and responsibilities relating to: (a) all aspects of the administration of Commonwealth funding for Community Legal Centres, Women’s Legal Services and Family Violence Prevention and Legal Services, except for decisions to allocate funding to legal assistance providers which will remain the role of the State; (b) the leading and conducting of jurisdictional and local collaborative service planning; and (c) the organising and facilitating of jurisdictional legal assistance forums. 28. If a State chooses to delegate its roles and responsibilities to a legal assistance provider, in accordance with Clause 27, the State must: (a) ensure the fair and equal participation of the legal assistance sector within their jurisdiction with respect to all activities required under the NAJP; (b) ensure there are appropriate communication channels between the State and individual legal assistance providers; (c) take reasonable steps to prevent any perceived or actual conflicts of interest with respect to any of the delegated roles and responsibilities listed under ▇▇▇▇▇▇ 27, and other relevant activities required under the NAJP; (d) include information on the delivery nature and extent of the roles and responsibilities the State has delegated to a legal assistance provider and information on how States manage their obligations under subclauses (a), (b) and (c) within their Performance Report (Part 4); and (e) at the request of the Commonwealth, provide information on how States manage their obligations under subclauses (a), (b) and (c) at bilateral meetings required under Clause 31(c) 29. If a State delegates all or part of its roles or responsibilities under the NAJP to a legal assistance provider, it is permissible for the relevant State, with written agreement from the Commonwealth, to allocate administration funding pursuant to Clause 69 to administer the delegation arrangement. 30. The States will not delegate all or part of its roles and responsibilities relating to any aspect of the administration of funding for Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander Legal Services. Shared roles and responsibilities‌ 31. The Commonwealth and the States agree to be jointly responsible for: (a) achieving the outcomes of the NAJP; (b) participating in consultations with the legal assistance sector as appropriate regarding the implementation of the NAJP; (c) meeting twice a year on a bilateral basis to discuss the operation of the NAJP; (d) requiring the ongoing collection and transparent reporting of agreed nationally consistent data and working collaboratively to improve the collection of Legal Assistance Service Data; (e) progressing National Agreement on Closing the Gap Priority Reforms, targets and outcomes, and initiatives outlined in Part 6; (f) progressing long-term policy priorities outlined in Part 7; and (g) funding, participating in and managing the Independent Review of the NAJP in accordance with Part 8. 32. All Parties agree, subject to meeting relevant legislative obligations (such as those relating to privacy, retention or distribution of information and data), to: (a) collect and share data relevant to legal assistance services for administrative purposes and for delivering improved outcomes under this Agreementthe NAJP; (b) ensure collected data is communicated to the legal assistance sector and other government agencies where required, as set out in Part 4 – Performance Monitoring to provide meaningful insights and Reportinganalysis to inform legal assistance service delivery; and (c) provide reasonable access to research and administrative data sets. 33. The Parties will meet the requirements of Schedule E, Clause 26 of the IGA FFR, by ensuring that prior agreement is reached on the nature and content of any events, announcements, promotional material or publicity relating to activities or outputs under the NAJP, and that the roles of all relevant Parties will be acknowledged and recognised appropriately.

ROLES AND RESPONSIBILITIES OF EACH PARTY. 15. To realise the objective objectives and outcomes of commitments in this Agreement, each Party has specific roles and responsibilities, as outlined belowbelow and as detailed in Implementation Plans. 16. Roles of the Commonwealth The Commonwealth agrees to be accountable for the following roles and responsibilities: : (a) approving projects for funding, through the Commonwealth Minister for Infrastructure, Regional Development and Local Government; (b) providing a financial contribution to the States and Territories for the delivery of legal assistance services by legal aid commissions and community legal centres; each project that is approved for funding under this Agreement; (c) monitoring and assessing the performance in the delivery of legal assistance services projects under this Agreement Agreement; (d) gathering nationally consistent local government asset and financial data; and (e) revising Guidelines for Regional Development and Local Government Programs, as they relate to projects that are being implemented solely by a State or Territory Government agency or jointly with a Local Government Participating Authority, to ensure that outputs are delivered and outcomes are achieved within the agreed timeframes; providing national guidance, oversight and support for collaborative service planning (Schedule A); specifying Commonwealth priorities and eligibility principles for the delivery of legal assistance services under this Agreement (Schedule B); and providing a forum to facilitate information sharing consistency with the States regarding best practice delivery of legal assistance servicesIntergovernmental Agreement on Federal Financial Relations. 17. Separate to this Agreement, the Commonwealth will administer the Expensive Commonwealth Criminal Cases Fund, under which legal aid commissions can apply, pursuant to guidelines, for reimbursement of legal costs incurred in expensive, complex Commonwealth criminal cases. Roles of the States The States and Territories agree to be accountable for the following roles and responsibilities: administering : (a) providing a financial or in-kind contribution to support the implementation as agreed in the Implementation Plans or Project Plans under this Agreement; (b) working with the Commonwealth funding to develop Implementation Plans; (c) delivering projects in accordance with Implementation Plans where a State or Territory Government agency is solely responsible for implementing the project; (d) jointly delivering and oversighting projects in accordance with Implementation Plans where a State or Territory agency is jointly responsible, with a Local Government Participating Authority, for implementing the project; (e) reporting on the delivery of legal assistance services by legal aid commissions projects as set out in Part 4 Performance Reporting; and (f) ensuring that prior agreement is reached with the Commonwealth on the nature and community legal centrescontent of any events, announcements, promotional material or publicity relating to activities under an Implementation Plan, and that the roles of both Parties will be acknowledged and recognised appropriately. 18. State and Territory Treasuries will on-forward funding to Local Government Participating Authorities in line with this Agreement and related schedules, and in accordance with the Commonwealth priorities at Schedule B; in 2015-16 and 2016-17, distributing Commonwealth funding for the delivery of legal assistance services by specific community legal centres listed payment arrangements outlined in Schedule C; determining D of the methodology for the distribution of Commonwealth funding for the delivery of legal assistance services by community legal centres (except for the funding referred to in clause 14(b)), informed by the outcomes of collaborative service planning; from 2017-18, distributing defined funding to community legal centres for family law services and family violence related services; ensuring that the Commonwealth supplementation for the SACS sector is distributed only to Eligible Service Providers, as defined in the National Partnership Intergovernmental Agreement on Pay Equity for the SACS sector, through a clear and fair process that is consistent with the principles of procedural fairness set out in Schedule B Federal Financial Relations. The responsibilities of the SACS National Partnership Agreement; undertaking collaborative service planning, including meetings with the legal assistance sector, States and Territories will be limited to improve coordination between service providers in the planning and delivery of services, with reference to the guidance at Schedule A; facilitating surveys of legal aid commission and community legal centre clients; monitoring and assessing the delivery of legal assistance services this role where Local Government Participating Authorities are solely responsible for delivering projects funded under this Agreement. 19. To the extent that the Guidelines, Implementation Plans and/or Project Plans establish any obligations for the future funding of maintenance, upgrade and/or replacement of infrastructure implemented under this Agreement, it is not intended the States and Territories be responsible for such costs in relation to infrastructure where Local Government Participating Authorities are solely responsible for delivery of projects under this Agreement. 20. Local Government Participating Authorities, where they are solely responsible for delivering projects funded under this Agreement, will have responsibility for: (a) complying with the Guidelines; (b) delivering projects in accordance with agreed Project Plans; and and (c) reporting directly to the Commonwealth on the delivery of legal assistance services under this Agreement, projects as set out in Part 4 – Performance Monitoring Reporting of this Agreement, the Guidelines and ReportingProject Plans.