The State of Queensland, through the Department of Housing, and the Registered Provider have entered into or propose to enter into an assistance agreement under which the State may provide assistance to enable the Provider to provide funded services in accordance with the Housing Act 2003.
The following words have the following meanings unless the context otherwise requires:
- "Eligible Person" means those persons who are deemed to be eligible by Queensland Health, the Department of Corrective Services and the Drug Court Magistrate
- "Service Funding Agreement" means the Service Funding Agreement entered into between the State of Queensland and a registered provider.
In this Program Specification, unless the context otherwise requires:
- all words and phrases have the same meaning as in the Service Funding Agreement and the rules of interpretation of the Service Funding Agreement apply to the interpretation of the Program Specification
- this Program Specifications shall be read as if it were part of the Service Funding Agreement.
4. Program Introduction
The Drug Court Residential Pilot Program is designed to provide transitional accommodation to persons participating in the Drug Court Residential Pilot Program and who are bound by an Intensive Drug Rehabilitation Order issued by the Drug Court.
5. Program Details and Purposes
5.1 Where funds come from
The Drug Court Residential Pilot Program is a State funded program.
The Drug Court Residential Pilot Program is administered by Community Housing, Department of Housing.
The Program aims to provide Eligible Persons with independent short to medium term accommodation which is affordable, appropriate, well located and integrated into the broader community.
6. Policy Requirements
This clause is not a definitive list of policies required to be kept and implemented by the Provider. Each respective policy requirement detailed below must be read in conjunction with the Service Funding Agreement and the Housing Regulation 2003. The Provider must make provision for the following requirements in its respective policy and implement such policy to the satisfaction of the State.
6.1 Referrals Policy (s25 of Regulation)
Where a Provider is not able to assist a person who enquires (an Enquirer) about Housing Services it must refer the Enquirer to other avenues for assistance. The Provider must ensure that the referrals are appropriate and relevant to the Enquirer.
6.2 Eligibility Policy (s 26 of Regulation)
The Policy must ensure that:
- only Eligible Persons receive services from the Provider
- that the Provider receives adequate proof of identification that the person receiving the services is an Eligible Person
6.3 Allocation Policy (s27 of Regulation)
The Policy must ensure that occupancy levels (ie.number of bedrooms in relation to number of residents) are comparable with public rental housing entitlements.
6.4 Rent (s 34 of Regulation)
The Provider must comply with the Community Housing Rent Policy as provided by the State from time to time.
6.5 Purchasing and Works Policies
The Provider must develop, document and implement a policy and process by which purchases will be made and works will be undertaken. The Policy must:
- ensure that purchases and works undertaken represent the best value for money, that is, the best return and performance for the money being spent
- ensure that the selection of tradespersons is fair, equitable and free from any conflict of interest
- ensure that, where required by law, a qualified licensed tradesperson with adequate insurance cover is engaged to carry out the work
- ensure that where a tradesperson is engaged for an extended period of time that periodic checks are made to make sure that the tradesperson is licensed to carry out the works and holds adequate insurance cover
- ensure that works are completed in a timely manner.
7. Property Matters
7.1 The Provider must, unless otherwise permitted in writing by the State, ensure that all properties utilised to supply accommodation are suitable to achieve the objectives of the Program. Properties with health or safety defects or of need of repair must not, without the written consent of the State, be leased until the problems have been remedied by the owner.
7.2 All properties leased from Funds must be leased in the name of the Provider.
7.3 The Provider must not lease any properties that have existing tenants.
7.4 It is preferable that the term of the residential head lease entered into by the Provider is no longer than 6 months.
7.5 Providers must ensure that properties leased are within a 4 kilometre radius or within 15 minutes travel of the nearest drug court. Specific suburbs or streets may be excluded as options for the Provider. The State will advise the Provider of any Suburbs or Streets that are excluded. Any exceptions to this will be negotiated with the State.
7.6 In carrying out maintenance, any broken items must be replaced with similar items.
7.7 Maintenance undertaken by the Provider must be carried out in a tradesperson-like and lawful manner.
7.8 The Provider must not sub-let any portion of property for reasons that fall outside clause 5.3(a) of the Objectives without first obtaining written approval from the State.
7.9 The Provider must not use the Funds to lease any property from any Employee or Officer or family member of any Employee or Officer.
8. Accommodation Agreement
8.1 The Residential Tenancies Authority Act 1994 does not apply to Eligible Persons under the Drug Court Residential Pilot Program.
8.2 The Provider must ensure that the Provider and the Eligible Persons enter into an Accommodation Agreement which forms part of the Intensive Drug Rehabilitation Order handed down by a Drug Court Magistrate.
8.3 The Provider must ensure that a property condition report is completed and executed by all parties in accordance with the Accommodation Agreement prior to occupation of the accommodation by the Eligible Person.
8.4 The Provider must explain the conditions of the Accommodation Agreement to the Eligible Person.
8.5 The Provider must comply with the Accommodation Agreement.
9. Property Damage
9.1 The Provider must:
- if the property is damaged by the Eligible Person, list all items damaged, the cost to make good the damage, report the incident to the nearest Police Station and obtain a copy of the police report.
- provide a copy of the police report to the accommodation support provider.
- in the event of major damage over $500 being caused by an Eligible Person, obtain three quotes which must be forward to the department for approval before undertaking repairs, except in an emergency.
(Clause 8.1 of Service Funding Agreement)
The minimum amount of public liability insurance to be held by the Provider is $10 000 000 (ten million dollars).
11.1 The Provider must provide the following information and reports to the State within 21 days of being requested to do so in writing:
- a copy of the insurance policies, the receipts for the last premiums and certificates of currency of all such insurance policies
- such other information related to the Provider's operations as the State may reasonably request.
11.2 Without limiting clause 11.1 the Provider must provide the following completed reports to the State in the time frames detailed below.
- monthly services reports, reporting against the specific performance indicators identified in Annexure 1, in the form or system as supplied by the State from time to time, not later than the third business day of the following month
- financial reports in the form and by the dates detailed in Annexure 2 or in the form or system provided by the State from time to time. This report must be submitted in hardcopy together with the certification detailed in Annexure 3
- the Community Housing Annual Financial Return in the form or system as provided from time to time by the State by 31 October each year
- a report that explains how it has met its obligations under the Service Funding Agreement for each annual period ending 30 June, by 31 October each year.
11.3 The Provide must not provide any data capable of identifying any Eligible Person. All references to Eligible Persons must be made by using the Drug Court identification reference number.
12.1 The Provider must inform the accommodation support provider of:
- any breach of the Accommodation Agreement by the Eligible Person
- the Eligible Person being removed from the Property, either through the Intensive Drug Rehabilitation Order or the Accommodation Agreement. In this case the Provider will be advised if the Eligible person is to be returned to the Property
- the occurrence of an Eligible Persons rent being one week or more in arrears.
12.2 If an Eligible Person is removed from the property for any reason and is not to return to the property, the Provider must complete an exit condition report, to ensure all rental payments are finalised and that Centre-pay arrangements and the Accommodation Agreement is terminated.
12.3 The Provider must inform Eligible Persons of their responsibilities to provide notification of any changes in their circumstances, which may affect their eligibility or the level of rent payable.
12.4 The Provider must notify the department, the accommodation support provider or any delegate if there are any concerns in relation to any of the Eligible Persons.
12.5 Where an Eligible Person is removed from the Property and had family members as occupants of the property, the Eligible Persons family will lose their right to occupy the Property under the Accommodation Agreement. In this case the Provider must make all reasonable efforts to locate other suitable accommodation, within a reasonable timeframe, for that family.
|Drug Court Residential Pilot Program - Specific Performance Indicators|
|Measure||General Indicator||Specific Performance Indicator|
|Quantity||number of clients||
|Timeliness||access to services/information||
|Cost||cost/price per activity||