SUPPORTED ACCOMMODATION ASSISTANCE ACT 1985 No. 22, 1985

Commonwealth Numbered Acts

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SUPPORTED ACCOMMODATION ASSISTANCE ACT 1985 No. 22, 1985 - SCHEDULE

SCHEDULE
AN AGREEMENT made the day of One thousand nine hundred and
eighty-five between- THE COMMONWEALTH OF AUSTRALIA of the first part, THE
STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the
third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF WESTERN
AUSTRALIA of the fifth part, THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part, and THE NORTHERN TERRITORY OF
AUSTRALIA of the eighth part.

WHEREAS: (A) the Commonwealth has proposed to the States that the Commonwealth
will grant financial assistance to the States under section 96 of the
Commonwealth of Australia Constitution and like assistance to the Northern
Territory for the purpose of the provision of a range of supported
accommodation and related support services to assist men, women, young people
and their dependants who are permanently homeless, or temporarily homeless as
a result of crisis, and that the terms and conditions on which the grant of
financial assistance should be made are those set out in this agreement; and
(B) the Parliament of the Commonwealth has authorized the execution by or on
behalf of the Commonwealth of this agreement and the provision of financial
assistance to the States and the Northern Territory in accordance with its
provisions: NOW IT IS HEREBY AGREED as follows:
PART I-OPERATION OF AGREEMENT 1. (1) This agreement shall be deemed to have
come into force on 1 January 1985 and acts or things consistent with its
provisions that have been done by or on behalf of a party in anticipation of
this agreement so coming into force shall be regarded as having been done
under and in accordance with its provisions.

(2) Notwithstanding that in this agreement all the States and the Northern
Territory are named as parties, this agreement shall operate as an agreement
between the Commonwealth and the party or parties which sign it as fully and
effectually as if that party or those parties were the only party or parties
so named other than the Commonwealth.

(3) Subject to clause 19, this agreement shall continue in force until 30 June
1989.
PART II-INTERPRETATION 2. (1) In this agreement, subject to this clause and
except where the context otherwise indicates-

(a) 'the Commonwealth' means the Commonwealth of Australia as the party to
this agreement;

(b) each State is referred to as a 'State' and, except where the context
otherwise indicates, 'the States' means all of those States; and

(2) A reference to a State or the States in this Part and in the succeeding
clauses of this agreement shall, except where the contrary intention appears
and according to the requirements of the context, be deemed to include a
reference to the Northern Territory.

3. (1) In this agreement-
'the Commonwealth Minister' means the Minister of State of the Commonwealth
for the time being responsible for the administration of this agreement for
the Commonwealth; and
'the State Minister' means the Minister of State of a State for the time being
responsible for the administration of this agreement for the relevant State
and, when there is more than one such Minister, means the Minister having for
the time being responsibility for the matter or class of matters in respect of
which the relevant provision of this agreement is being applied.

(2) A reference in this agreement to a Minister includes a Minister or other
member of the Federal Executive Council or Minister of the relevant State, as
the case may require, acting on behalf of or for the time being acting for the
Minister referred to.

4. In this agreement, unless the contrary intention appears or the context
otherwise requires-
'advisory processes' means advisory processes adopted pursuant to sub-clause 8
(3);
'approved service' means a service (including a variation of a service)
approved pursuant to sub-clause 8 (5);
'evaluation' means an evaluation conducted pursuant to clause 9;
'financial assistance' means financial assistance provided pursuant to clause
10;
'financial year' means a period of 12 calendar months commencing on 1 July;
'grant period' means the period of six calendar months commencing on 1 January
1985 or any of the financial years commencing on 1 July 1985, 1986, 1987 or
1988;
'guidelines' means guidelines approved pursuant to sub-clause 8 (2);
'local government' means a local governing body established by or under a law
of a State;
'non-government organisation' means:

(a) an organisation (other than an organisation conducted or controlled
by, or by persons appointed by, the Government of the Commonwealth or
of a State) that is carried on otherwise than for the purpose of
profit or gain to its individual members and is-

(i) a religious organisation;

(ii) an organisation the principal objects or purposes of which are
charitable or benevolent; or

(iii) any other organisation agreed upon by the Commonwealth Minister
and the State Minister for the purpose of this sub-paragraph;

(b) the trustee or trustees under a trust established by an organisation
referred to in paragraph (a) or by a local government;

(d) the trustee or trustees under a trust established for charitable or
benevolent purposes agreed upon by the Commonwealth Minister and the
State Minister for the purpose of this paragraph;
'program' means a Supported Accommodation Assistance Program established and
administered by a State pursuant to clause 7;
'review' means a review conducted pursuant to sub-clause 8 (7);
'salaries component' means salary or a salary on-cost of a kind referred to in
the guidelines;
'State's contribution' means a contribution to be made by a State pursuant to
clause 12; and
'sub-program' means a sub-program established and administered by a State
pursuant to clause 7.

5. In this agreement, unless the contrary intention appears-

(a) a reference to a Part or to a clause is to a Part or to a clause of
this agreement, as the case may be;

(b) a reference to a sub-clause is, unless otherwise indicated, to the
relevant sub-clause of the clause in which the reference appears; and

PART III-OBJECTIVE OF AGREEMENT 6. The objective of this agreement is the
provision by non-government organisations or local governments, with financial
assistance from the Commonwealth and the States, of a range of supported
accommodation services and related support services to assist men, women,
young people and their dependants who are permanently homeless, or temporarily
homeless as a result of crisis, and who need support to move towards
independent living, where possible and appropriate.

PART IV-PROGRAMS, SUB-PROGRAMS AND SERVICES 7. For the purpose of this
agreement, a State shall establish and administer a Supported Accommodation
Assistance Program comprising the following sub-programs-

(a) a General Supported Accommodation Sub-program, being a sub-program for
the provision by non-government organisations or local governments of
supported accommodation and related support services for men, women
and their dependants who are permanently homeless, or temporarily
homeless as a result of crisis and who need support to move towards
independent living, where possible and appropriate;

(b) a Women's Emergency Services Sub-program, being a sub-program for the
provision by non-government organisations or local governments of
supported accommodation and related support services for women and
women with dependent children escaping from intolerable domestic
circumstances or other crisis situations who need support to move
towards independent living, where possible and appropriate; and

(c) a Youth Supported Accommodation Sub-program, being a sub-program for
the provision by non-government organisations or local governments of
supported accommodation and related support services for persons of
not less than 12 years of age nor more than 25 years of age and their
dependants who are homeless as a result of crisis and who need support
to move towards more appropriate accommodation, including independent
living where possible and appropriate.

8. (1) In administering a program, a State shall comply with the provisions of
this clause.

(2) A program shall be administered in accordance with guidelines from time to
time jointly approved by the Commonwealth Minister and the State Ministers and
published in the Commonwealth Gazette.

(3) The Commonwealth Minister and the State Minister shall jointly adopt, and
may from time to time vary, advisory processes whereby non-government
organisations and local governments are consulted and their advice obtained on
program needs and priorities.

(4) Commonwealth and State officers shall participate in the making of
recommendations to the Commonwealth Minister and the State Minister in
relation to the distribution of financial assistance and the State's
contribution, matters in which the Commonwealth Minister and the State
Minister are required to act jointly by this agreement, and such other matters
as are specified in the guidelines.

(5) The Commonwealth Minister and the State Minister may from time to time
jointly approve a service, that is-

(a) a supported accommodation service or a related support service;

(b) eligible for funding in accordance with the guidelines; and

(c) provided or to be provided by a non-government organisation or a local
government, as an approved service for the purposes of this agreement
and may jointly revoke an approval so given and jointly approve a
variation of an approved service.

(6) The Commonwealth Minister and the State Minister shall jointly announce
the approval of services pursuant to sub-clause (5) and may jointly announce
any other action taken jointly by the Ministers in relation to the program.

(7) The Commonwealth and each State shall jointly review the State's program
at such times and in such manner as are agreed upon by the Commonwealth
Minister and the State Minister.

(8) The administration of the program shall be co-ordinated with the
administration of the provisions of the Commonwealth and State Housing
Agreement that are relevant to the program.

(9) A State shall be able to exercise maximum autonomy and flexibility,
consistently with this agreement and the guidelines, in making arrangements
necessary for the administration of the State's program.

9. The Commonwealth and the States shall commence a joint evaluation of the
States' programs not later than 30 June 1987.

PART V-FINANCIAL PROVISIONS

SECTION A: FINANCIAL ASSISTANCE 10. (1) Upon and subject to the provisions of
this agreement, the Commonwealth will, out of monies that are from time to
time appropriated by the Commonwealth Parliament for the purpose, provide
financial assistance to the States in respect of each grant period for the
purpose of meeting or reimbursing expenditure in relation to the provision of
approved services.

(2) The Commonwealth will provide financial assistance to each State:

(a) in respect of the first grant period, in the amount set out opposite
the name of the State in Column 1 of the table below; and

(b) in respect of each grant period thereafter, in the amount set out
opposite the name of the State in Column 2 of the table below.
----------------------------------------------------------------------------------
Column 1 Column 2

----------------------------------------------------------------------------------
$ $

New South Wales . . . . . . . . . . . . . . 4,191,000 9,606,000

Victoria . . . . . . . . . . . . . . . . . . 1,857,000 4,430,000

Queensland . . . . . . . . . . . . . . . . . 1,724,000 4,241,000

Western Australia . . . . . . . . . . . . . 1,475,000 3,096,000

South Australia . . . . . . . . . . . . . . 1,348,000 3,149,000

Tasmania . . . . . . . . . . . . . . . . . . 740,000 1,788,000

Northern Territory . . . . . . . . . . . . . 384,000 932,000

---------- ----------
11,719,000 27,242,000
---------------------------------------------------------------------------------

(3) The Commonwealth may provide financial assistance to a State, in addition
to that provided under sub-clause (2), in respect of a grant period, in such
amounts and in such manner as are agreed upon by the Commonwealth Minister and
the State Minister.

(4) The amount of financial assistance that is payable to a State pursuant to
sub-clause (2), in respect of a grant period other than the first or second
grant periods, shall be increased by the sum of-

(a) an adjustment to the salaries component of that amount to take account
of any estimated growth in wages for the grant period agreed upon in
the context of the Premiers' Conference held nearest to the
commencement of the grant period; and

(b) the amount of any additional financial assistance provided in respect
of the preceding grant period pursuant to sub-clause (3), and the
amount payable in respect of each succeeding grant period shall be
increased accordingly.

(5) The Commonwealth Minister shall, as soon as practicable, give notice in
writing to each State Minister of an amount of financial assistance to be
provided to the State in respect of a grant period.

(6) Financial assistance to be provided to a State in respect of a grant
period shall be allocated among sub-programs, and as between non-government
organisations and local governments in participating in advisory processes,
and for reviews and evaluation, in such manner as is determined by the
Commonwealth Minister, after consultation with the State Minister.

(7) Financial assistance shall be by way of interest free non-repayable
grants, subject to the provisions of clause 18.

11. Financial assistance provided to a State is granted on the conditions
that-

(a) it shall be applied by the State, in accordance with the guidelines,
for the purpose of meeting or reimbursing expenditure incurred by-

(i) non-government organisations or local governments in the
provision of approved services;

(ii) the State in administering the program, to the extent permitted
by clause 13, and in participating in reviews and evaluation;
and

(iii) non-government organisations or local governments in
participating in advisory processes, reviews and evaluation;

(b) subject to paragraph (c), the State will, without undue delay, pay to
non-government organisations and local governments having
responsibility for the provision of approved services, amounts equal
to financial assistance provided to the State in respect of approved
services;

(c) payment to a non-government organisation or local government will not
be made unless the non-government organisation or local government,
before or at the time of accepting payment, agrees with the State to
be bound by the conditions attached to the provision of financial
assistance consistent with this agreement and the guidelines and
continues to comply with such conditions;

(d) there will be no significant increase or decrease in the level of
funds made available pursuant to this agreement to a non-government
organisation or local government in respect of the provision of an
approved service except with the approval of the Commonwealth Minister
and the State Minister or pursuant to the guidelines; and

(e) the State will make contributions from its own resources in relation
to the provision of approved services in respect of each grant period
under this agreement, to the extent and in the manner provided in
clause 12.

12. (1) Subject to and in accordance with the succeeding provisions of this
clause, a State will contribute from its own resources, in respect of each
grant period other than the first grant period, an amount that is not less
than the amount ascertained in accordance with the formula (90% of X) - Y,
where-
X = the aggregate amount of financial assistance to be provided by the
Commonwealth to the State in respect of the grant period; and
Y = the amount set out opposite the name of the State in the table below, or
such other amount as is agreed upon by the Commonwealth Minister and the State
Minister.
----------------------------------------------------------------------------------
$
New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . 2,034,000

Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . 749,000

Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 591,000

Western Australia . . . . . . . . . . . . . . . . . . . . . . . . 535,000

South Australia . . . . . . . . . . . . . . . . . . . . . . . . . 906,000

Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433,000

Northern Territory . . . . . . . . . . . . . . . . . . . . . . . 198,000

----------
5,446,000
---------------------------------------------------------------------------------

(2) Where the Commonwealth Minister is satisfied that the State's contribution
in respect of a grant period is or is likely to be substantially below the
full year effect of the amount of financial assistance provided to the State
in respect of the first grant period, the State will-

(a) contribute in respect of that grant period, in lieu of the amount
ascertained in accordance with sub-clause (1), such lesser amount as
is agreed upon by the Commonwealth Minister and the State Minister;
and

(b) increase its contribution up to the amount ascertained in accordance
with sub-clause (1) by such grant period as is agreed upon by the
Commonwealth Minister and the State Minister, but so that that amount
is contributed at least in respect of the final grant period.

(3) The Commonwealth will provide financial assistance to a State additional
to that to be provided pursuant to sub-clauses 10 (2) and 10 (4), beyond an
amount equivalent to the full year effect of the amount of financial
assistance provided to the State in respect of the first grant period, if,
after consulting with the State Minister, the Commonwealth Minister is
satisfied that to do so would not make it unduly onerous for the State to make
the contribution to be made by the State pursuant to sub-clause (1).

(4) Where a State's contribution in respect of a grant period is less than the
amount that the State is required to contribute pursuant to sub-clause (1) or
sub-clause (2), the amount of financial assistance to be provided by the
Commonwealth pursuant to sub-clauses 10 (2) and 10 (4) in respect of the grant
period may, after consultation by the Commonwealth Minister with the State
Minister, be reduced by the amount of the shortfall and the Commonwealth may
distribute that amount among the other States.

(5) Except as provided in sub-clause (4), the Commonwealth will not decrease
the amount of financial assistance to be provided to a State in respect of a
grant period to less than the full year effect of the amount of financial
assistance provided to the State in respect of the first grant period.

(6) A State shall apportion its contribution among sub-programs in respect of
each grant period other than the first grant period in such a way as to
maintain, at the least, the level of its expenditure on those services
provided during the financial year commencing on 1 July 1983 that continue to
be provided as approved services pursuant to this agreement.

(7) For the purposes of this clause, a State's contribution may include
expenditure incurred by the State in relation to approved services and
services other than approved services provided by the State, non-government
organisations and local governments that the Commonwealth Minister and the
State Minister agree are consistent with the guidelines, but may not include
funds which have been used to match financial assistance provided by the
Commonwealth otherwise than under this agreement.

(8) In this clause, a reference to the 'full year effect of the amount of
financial assistance provided to the State in respect of the first
grant period' in relation to a State means the amount set out opposite the
name of the State in the table below.
----------------------------------------------------------------------------------
$
New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . 8,382,000

Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,714,000

Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,448,000

Western Australia . . . . . . . . . . . . . . . . . . . . . . . . 2,950,000

South Australia . . . . . . . . . . . . . . . . . . . . . . . . . 2,696,000

Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,480,000

Northern Territory . . . . . . . . . . . . . . . . . . . . . . . 768,000

----------
23,438,000
---------------------------------------------------------------------------------

(9) In the event that no agreement is reached between the Commonwealth and a
State, party to this agreement, for the provision of financial assistance
after 30 June 1989 for the purpose of supported accommodation and related
support services, the State shall have no responsibility in relation to the
provision after that date of such financial assistance as was provided by the
Commonwealth prior to this agreement entering into force in respect of
services which become approved services.

13. (1) Subject to sub-clauses (2) and (3), the amount of financial assistance
provided in respect of a grant period that may be applied by a State in
meeting or re-imbursing costs incurred by the State in administering the
State's program in that grant period shall not exceed-

(a) in a grant period in respect of which the State's contribution does
not exceed the amount ascertained in accordance with sub-clause 12
(1), 2 per cent;

(b) in a grant period in respect of which the State's contribution exceeds
the amount ascertained in accordance with sub-clause 12 (1) but does
not exceed the amount of the financial assistance, 4 per cent; and

(c) in a grant period in respect of which the State's contribution exceeds
the amount of the financial assistance, 6 per cent, of the amount of
the financial assistance.

(2) Where-

(a) paragraph (a) of sub-clause (1) applies to a State's contribution; and

(b) the amount ascertained in accordance with that paragraph is
insufficient to enable the State to employ one person on a full-time
basis in administering the State's program, the amount so ascertained
may be increased by such amount as the Commonwealth Minister and the
State Minister agree is necessary to enable the State to so employ one
person.

(3) Where-

(a) one of the following sub-paragraphs applies:

(i) in respect of a grant period, paragraph (a) of sub-clause (1)
applies to a State's contribution and in respect of the next
succeeding grant period, paragraph (b) or paragraph (c) of
sub-clause (1) applies to that State's contribution;

(ii) in respect of a grant period, paragraph (b) of sub-clause (1)
applies to a State's contribution and in respect of the next
succeeding grant period, paragraph (c) of sub-clause (1)
applies; and

(b) the amount of financial assistance provided by the Commonwealth in
respect of the succeeding grant period exceeds the sum of-

(i) expenditure incurred or to be incurred by the State in
administering the program in that grant period;

(ii) expenditure incurred or to be incurred in that grant period in
respect of the provision of services approved in the preceding
grant period; and

(iii) expenditure incurred or to be incurred in that grant period for
advisory processes, reviews and evaluation, the State may apply
the excess in meeting or reimbursing expenditure incurred by it
in administering the program in the succeeding grant period.

SECTION B: PAYMENTS AND ADVANCES 14. Financial assistance payable in respect
of a grant period shall be made available to the State at such times and in
such amounts as are agreed upon by the Commonwealth Minister and the State
Minister. 15. (1) The Commonwealth Minister may, at such times and in such
amounts as the Commonwealth Minister and the State Minister agree upon, make
advances on account of payments of financial assistance that may become
payable to the State in accordance with this agreement.

(2) The amount or part of the amount of an advance may be deducted from a
payment of financial assistance that subsequently becomes payable.

(3) A State shall ensure that an advance is not used or applied except for the
purpose of meeting or reimbursing, as the case may be, the expenditure to
which the advance relates.

PART VI-OBSERVANCE OF AGREEMENT 16. Each State will supply to the Commonwealth
from time to time such information regarding the operation of the State's
program, sub-programs or an approved service as the Commonwealth Minister and
the State Minister agree should be supplied.

17. (1) Each State Minister will furnish to the Commonwealth Minister by 30
August immediately following the end of each grant period, or such later date
as is agreed upon by the Commonwealth Minister and the State Minister, a
certificate certifying that the financial assistance provided, and the State's
contribution made, under this agreement in respect to the grant period were
applied in accordance with this agreement and the guidelines.

(2) A certificate furnished pursuant to sub-clause (1) shall be in such form
and contain such other information and be given by such officer of the State
as is agreed upon by the Commonwealth Minister and the State Minister. 18. If,
following consultation with the State Minister, the Commonwealth Minister, in
writing under that Minister's hand, informs the State Minister that the
Commonwealth Minister is satisfied that the State has failed to ensure that an
amount of financial assistance provided to the State has been applied for the
purposes and in the manner provided for by this agreement with respect to that
financial assistance, the State will repay that amount, or such part of that
amount as the Commonwealth Minister determines, to the Commonwealth.

PART VII-VARIATION OF AGREEMENT 19. (1) The provisions of this agreement may
be varied as between the Commonwealth and a State by agreement in writing
between the Commonwealth Minister and the State Minister.

(2) A copy of an agreement or copies of the documents which constitute an
agreement under sub-clause (1) shall be tabled in the Commonwealth Parliament
within 15 sitting days from the date upon which the agreement is made.

(3) An agreement under sub-clause (1) shall not affect the operation of this
agreement as between the Commonwealth and the States other than that with
which the agreement has been made.

PART VIII-REPRESENTATION AND COMMUNICATIONS 20. (1) The Commonwealth shall,
subject to sub-clause (2), be represented for the purposes of this agreement
by the Department of Community Services and the Commonwealth Minister shall
notify the State Minister of the address of that Department and of any change
at any time of that address.

(2) In the event that the administration of this agreement for the
Commonwealth is allocated to a Minister other than the Minister for Community
Services, the Commonwealth shall be represented by the Department administered
by that other Minister and that other Minister shall notify the State Minister
of the address of that Department.

21. The State shall be represented for the purposes of this agreement by the
Department nominated by the State Minister and the State Minister shall notify
the Commonwealth Minister of the address of that Department and of any change
at any time of the Department or of the address.

22. (1) A notice or other communication under or in connexion with this
agreement shall be duly given if it is in writing signed by or on behalf of,
or attributed to, the head or other authorised officer of the Department by
which it is given and addressed to or delivered at the address of the
Department to which it is directed.

(2) For the purposes of this clause writing includes a teleprinter or
facsimile message and the address for such a message shall be the teleprinter
or facsimile address of the receiving Department.

(3) A notice or other communication shall be given under this clause when it
is received in the appropriate form by the Department to which it is directed.

IN WITNESS WHEREOF this agreement has been signed for and on behalf of the
parties hereto respectively as at the day and year first above written.

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