Common use of Transfer of Services Clause in Contracts

Transfer of Services. 11.1 The Government has determined to transfer its public disability services, specifically Supported Independent Living (SIL) and Short-Term Accommodation and Assistance (STAA), that is, disability accommodation and respite services (excluding disability justice/forensic services, and the SIL services for the residents of the former Sandhurst Centre) to the non- government disability sector. 11.2 Should Government subsequently determine to divest Disability Forensic Assessment and Treatment Service (DFATS), Disability Justice Services (Disability Justice Case Management and Specialist Forensic Accommodation Services), SIL services for the residents of the former Sandhurst Centre, and any other in scope services that are unable to be delivered through thePartnership Model: (a) there will be negotiations with HACSU about the conditions for any transfer; (b) the transfer incentives in clause 24.2 and the conditions in clauses 11.19 - 11.23 will apply. 11.3 Section 205 of the Disability Act 2006 (▇▇▇) allows the Secretary of the Department to “make available to a disability service provider providing disability services the services of any person or class of persons employed in the Department under the Public Administration Act 2004.” This enables Employees to be directly managed by the providers, whilst the DHHS remains their Employer. 11.4 Section 205 Employees retain all the rights and benefits afforded to them by virtue of this employment relationship, which includes coverage by this Agreement. 11.5 From 1 January 2019 until 31 December 2020 the Secretary will second Employees described in clause 11.1 to providers (the Secondment Period) 11.6 New Employees that commence employment during this period will be employed under the same arrangements, except that they will not be eligible for redundancy or incentive payments at the point of transfer of business to the providers. These new Employees will receive an appointment letter to reflect these arrangements and a summary of the matters to be covered by that appointment letter is included at Schedule H. 11.7 During the secondment period the Government remains the Employer of section 205 Employees. As the Employer in this model, the Government retains the right to inspect the workplace at any given point during this period. Government retains a strong oversight role for the following: a) Quality oversight role for a transition period. b) Engagement in major disciplinary matters. c) Contract management with providers for service quality. 11.8 This role would be supported by administrative arrangements within the Department to manage Employees secondment arrangements (i.e. tracking Employees movements, entitlements, adequacy of secondment arrangements). 11.9 The provider(s) will be responsible for managing day-to-day service delivery, including: a) Managing NDIS price and demand risks b) The development of operational practice and procedures for service delivery (i.e., new service plans, complaint processes, day to day direction and control of Employees) c) Practice level Employee management responsibilities (e.g., professional learning and development, but excluding dismissal powers) d) Client and family engagement e) Client service plan development and administration 11.10 Seconded Employees will have their hours of work that applied prior to the secondment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.11 Seconded Employees will have their classification structures and modes of employment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.12 Where an Employee is filling a position on a time-limited contract basis and it is clear that the position is vacant or is likely to be vacant, consistent with clause 15.8 of this Agreement, that Employee shall be seconded as an ongoing Employee.

Transfer of Services. 11.1 The Government has determined to transfer its public disability services, specifically Supported Independent Living (SIL) and Short-Term Accommodation and Assistance (STAA), ) (that is, disability accommodation and respite services (excluding disability justice/forensic services, and the SIL services for the residents of the former Sandhurst Centre) to the non- non-government disability sector. 11.2 Should Government subsequently determine to divest Disability Forensic Assessment and Treatment Service (DFATS), Disability Justice Services (Disability Justice Case Management and Specialist Forensic Accommodation Services), SIL services for the residents of the former Sandhurst Centre, and any other in scope services that are unable to be delivered through thePartnership the Partnership Model: (a) there will be negotiations with HACSU about the conditions for any transfer; (b) the transfer incentives in clause 24.2 23.2 and the conditions in clauses 11.19 - 11.23 will apply. 11.3 Section 205 of the Disability Act 2006 (▇▇▇ ▇▇▇▇ (Vic) allows the Secretary of the Department to “make available to a disability service provider providing disability services the services of any person or class of persons employed in the Department under the Public Administration Act 2004▇▇▇ ▇▇▇▇.” This enables Employees to be directly managed by the providers, whilst the DHHS remains their Employer. 11.4 Section 205 Employees retain all the rights and benefits afforded to them by virtue of this employment relationship, which includes coverage by this Agreement. 11.5 From 1 January 2019 until 31 December 2020 the Secretary will second Employees described in clause 11.1 to providers (the Secondment Period) 11.6 New Employees that commence employment during this period will be employed under the same arrangements, except that they will not be eligible for redundancy or incentive payments at the point of transfer of business to the providers. These new Employees will receive an appointment letter to reflect these arrangements and a summary of the matters to be covered by that appointment letter is included at Schedule H. 11.7 During the secondment period the Government remains the Employer of section 205 Employees. As the Employer in this model, the Government retains the right to inspect the workplace at any given point during this period. Government retains a strong oversight role for the following: a) : Quality oversight role for a transition period. b) . Engagement in major disciplinary matters. c) . Contract management with providers for service quality. 11.8 This role would be supported by administrative arrangements within the Department to manage Employees secondment arrangements (i.e. tracking Employees movements, entitlements, adequacy of secondment arrangements). 11.9 The provider(s) will be responsible for managing day-to-day service delivery, including: a) : Managing NDIS price and demand risks b) risks The development of operational practice and procedures for service delivery (i.e., new service plans, complaint processes, day to day direction and control of Employees) c) Practice level Employee management responsibilities (e.g., professional learning and development, but excluding dismissal powers) d) Client and family engagement e) Client engagement Clients service plan development and administration 11.10 Seconded Employees will have their hours of work that applied prior to the secondment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.11 Seconded Employees will have their classification structures and modes of employment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.12 Where an Employee is filling a position on a time-limited contract basis and it is clear that the position is vacant or is likely to be vacant, consistent with clause 15.8 of this Agreement, that Employee shall be seconded as an ongoing Employee.

Transfer of Services. 11.1 The Government has determined to transfer its public disability services, specifically Supported Independent Living (SIL) and Short-Term Accommodation and Assistance (STAA), that is, disability accommodation and respite services (excluding disability justice/forensic services, and the SIL services for the residents of the former Sandhurst Centre) to the non- government disability sector. 11.2 Should Government subsequently determine to divest Disability Forensic Assessment and Treatment Service (DFATS), Disability Justice Services (Disability Justice Case Management and Specialist Forensic Accommodation Services), SIL services for the residents of the former Sandhurst Centre, and any other in scope services that are unable to be delivered through thePartnership the Partnership Model: (a) there will be negotiations with HACSU about the conditions for any transfer; (b) the transfer incentives in clause 24.2 23.2 and the conditions in clauses 11.19 - 11.23 will apply. 11.3 Section 205 of the Disability Act 2006 (▇▇▇) allows the Secretary of the Department to “make available to a disability service provider providing disability services the services of any person or class of persons employed in the Department under the Public Administration Act 2004.” This enables Employees to be directly managed by the providers, whilst the DHHS remains their Employer. 11.4 Section 205 Employees retain all the rights and benefits afforded to them by virtue of this employment relationship, which includes coverage by this Agreement. 11.5 From 1 January 2019 until 31 December 2020 the Secretary will second Employees described in clause 11.1 to providers (the Secondment Period) 11.6 New Employees that commence employment during this period will be employed under the same arrangements, except that they will not be eligible for redundancy or incentive payments at the point of transfer of business to the providers. These new Employees will receive an appointment letter to reflect these arrangements and a summary of the matters to be covered by that appointment letter is included at Schedule H. 11.7 During the secondment period the Government remains the Employer of section 205 Employees. As the Employer in this model, the Government retains the right to inspect the workplace at any given point during this period. Government retains a strong oversight role for the following: a) Quality oversight role for a transition period. b) Engagement in major disciplinary matters. c) Contract management with providers for service quality. 11.8 This role would be supported by administrative arrangements within the Department to manage Employees secondment arrangements (i.e. tracking Employees movements, entitlements, adequacy of secondment arrangements). 11.9 The provider(s) will be responsible for managing day-to-day service delivery, including: a) Managing NDIS price and demand risks b) The development of operational practice and procedures for service delivery (i.e., new service plans, complaint processes, day to day direction and control of Employees) c) Practice level Employee management responsibilities (e.g., professional learning and development, but excluding dismissal powers) d) Client and family engagement e) Client service plan development and administration 11.10 Seconded Employees will have their hours of work that applied prior to the secondment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.11 Seconded Employees will have their classification structures and modes of employment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.12 Where an Employee is filling a position on a time-limited contract basis and it is clear that the position is vacant or is likely to be vacant, consistent with clause 15.8 of this Agreement, that Employee shall be seconded as an ongoing Employee.

Transfer of Services. 11.1 The Government has determined to transfer its public disability services, specifically Supported Independent Living (SIL) and Short-Term Accommodation and Assistance (STAA), that is, disability accommodation and respite services (excluding disability justice/forensic services, and the SIL services for the residents of the former Sandhurst Centre) to the non- government disability sector. 11.2 Should Government subsequently determine to divest Disability Forensic Assessment and Treatment Service (DFATS), Disability Justice Services (Disability Justice Case Management and Specialist Forensic Accommodation Services), SIL services for the residents of the former Sandhurst Centre, and any other in scope services that are unable to be delivered through thePartnership the Partnership Model: (a) there will be negotiations with HACSU about the conditions for any transfer; (b) the transfer incentives in clause 24.2 25.2 and the conditions in clauses 11.19 - 11.23 will apply. 11.3 Section 205 of the Disability Act 2006 (▇▇▇) allows the Secretary of the Department to “make available to a disability service provider providing disability services the services of any person or class of persons employed in the Department under the Public Administration Act 2004.” This enables Employees to be directly managed by the providers, whilst the DHHS remains their Employer. 11.4 Section 205 Employees retain all the rights and benefits afforded to them by virtue of this employment relationship, which includes coverage by this Agreement. 11.5 From 1 January 2019 until 31 December 2020 the Secretary will second Employees described in clause 11.1 to providers (the Secondment Period) 11.6 New Employees that commence employment during this period will be employed under the same arrangements, except that they will not be eligible for redundancy or incentive payments at the point of transfer of business to the providers. These new Employees will receive an appointment letter to reflect these arrangements and a summary of the matters to be covered by that appointment letter is included at Schedule H. 11.7 During the secondment period the Government remains the Employer of section 205 Employees. As the Employer in this model, the Government retains the right to inspect the workplace at any given point during this period. Government retains a strong oversight role for the following: a) Quality oversight role for a transition period. b) Engagement in major disciplinary matters. c) Contract management with providers for service quality. 11.8 This role would be supported by administrative arrangements within the Department to manage Employees secondment arrangements (i.e. tracking Employees movements, entitlements, adequacy of secondment arrangements). 11.9 The provider(s) will be responsible for managing day-to-day service delivery, including: a) Managing NDIS price and demand risks b) The development of operational practice and procedures for service delivery (i.e., new service plans, complaint processes, day to day direction and control of Employees) c) Practice level Employee management responsibilities (e.g., professional learning and development, but excluding dismissal powers) d) Client and family engagement e) Client service plan development and administration 11.10 Seconded Employees will have their hours of work that applied prior to the secondment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.11 Seconded Employees will have their classification structures and modes of employment maintained following secondment. Future change will only be in accordance with the provision of this Agreement and the replacement Agreement(s). 11.12 Where an Employee is filling a position on a time-limited contract basis and it is clear that the position is vacant or is likely to be vacant, consistent with clause 15.8 16.8 of this Agreement, that Employee shall be seconded as an ongoing Employee.