1. Background
The State of Queensland represented by the Department of Communities (Housing and Homelessness Services) ("the Department"), and the Provider have entered into or propose to enter into an Assistance Agreement under which the Department may provide assistance to enable the Provider to provide funded services in accordance with the Housing Act 2003 ("the Act").
2. Definitions
The following words have the following meanings unless the context otherwise requires:
2.1 "Allowable Expenditure" means the following expenditure in respect of the premises which the Provider is utilising to achieve the objectives:
- local authority rates and charges and water rates
- insurance and reasonable legal expenses
- administration, rent arrears and bad debts written off, audit expenses
- repair expenditure
- funds for future commitments as agreed between the Provider and the State
- approved upgrades and improvements
- tenancy and property management costs proportionate to the number of properties, the number of tenants and the turnover of tenants.
2.2 "Applicant" means any person seeking a Housing Service from a provider.
2.3 "Assistance Agreement" means an assistance agreement as defined by the Act entered into between the Department and the Provider.
2.4 "At Risk of Homelessness" means those people who are paying 30% or more of their gross household income in rent and who are located within markets with median rents in excess of their total income; that is, more than 100% of income is required to access housing of an adequate size and standard for the household, or people who are restricted from access to the private housing market.
2.5 "CAP" and "Program" means the Crisis Accommodation Program administered by the Department.
2.6 "Eligible Person" means persons who are homeless, at risk of homelessness, in crisis, or in need of transitional support in the move towards independent living.
2.7 "Enquirer" means a person who enquires about a Housing Service.
2.8 "Homeless" means those persons who:
- have no shelter and are living in public spaces, in abandoned buildings or out of a car
- have no permanent shelter and sleep regularly on the floor or couch, in the garage or under the house of relatives and friends or in crisis shelters
- live in overcrowded conditions
- live in shared living arrangements where there is no security or safety; or
- live in a violent household, or in a domestic violence shelter to escape this violence.
2.9 "Housing Service" means the provision of accommodation and/or services as further defined in the Act.
2.10 "Objective" means the Program Objective as described in clause 5.3.
2.11 "One Social Housing System" means the integrated system for the provision of all housing assistance funded by the Department.
2.12 "Program Specification" means this document and includes any amended, additional or replacement CAP Program Specifications notified to the Provider.
2.13 "Property" means the premises described in the Assistance Agreement.
2.14 "Provider" means the party to the Assistance Agreement (other than the State).
2.15 "Receipts" means receipts as defined by the Regulation.
2.16 "Regulation" means the Housing Regulation 2003.
3. Interpretation
3.1 In this Program Specification, unless the context otherwise requires:
- all words and phrases have the same meaning as in the Assistance Agreement and the rules of interpretation of the Assistance Agreement apply to the interpretation of the Program Specification
- this Program Specification shall be read as if it were part of the Assistance Agreement.
4. Program Introduction
CAP provides assistance to Providers to provide accommodation for Eligible Persons in the move towards independent living. The program complements the Supported Accommodation Assistance Program (SAAP).
Providers who receive assistance under CAP will operate as part of the One Social Housing System.
5. Program Details and Purposes
5.1 Where funds come from
CAP is a State and Australian Government funded Program under the National Affordable Housing Agreement (and associated agreements).
5.2 Administration
CAP is administered by Social Housing Programs. SAAP is a program that is complimentary to CAP, SAAP is administered by the Department through Community and Youth Justice Services.
5.3 Objectives
The Objective of CAP is to provide accommodation to Eligible Persons which will assist them to move toward independent living.
5.4 Target Groups
The Objective of CAP is to provide accommodation to Eligible Persons which will assist them to move toward independent living.
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use any dwellings to supply services:
- with a specialist clinical, treatment or rehabilitation focus
- that exclusively target veterans, people leaving prisons, students, people with disabilities, children under 16 years, the frail, aged or other groups as stated by the State
- replace or duplicate assistance already provided by, or which is the responsibility of, other government programs or services.
6. Policy Requirements
6.1 Referrals Policy (s25 of Regulation)
Where a Provider is not able to assist an Enquirer, 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 (s26 of Regulation)
The Policy must:
- ensure that only Eligible Persons receive services from the Provider
- state the criteria for eligibility and the process for documenting the assessment of eligibility of each Enquirer
- ensure that the criteria for assessing eligibility is readily available to the Enquirer.
6.3 Allocation Policy (s27 of Regulation)
The Policy must:
- ensure that allocations are determined on the basis of providing those in the most housing need with housing
- describe the process for prioritising and allocating Applicants
- describe the process of how offers of accommodation are made
- ensure that allocation decisions are made in an efficient and timely manner
- clearly state who has the delegated authority in relation to housing allocations
- ensure that, in detached properties occupied by one household, occupancy levels (ie.number of bedrooms in relation to number of residents) are comparable with public rental housing entitlements
- ensure that, in share accommodation, where possible, each household or single person should have a separate bedroom. Where this is not possible, there should be adequate bedroom and living space per occupant to comply with Local Government and other health and safety regulations. The common rooms, leisure areas, kitchen, bathroom and laundry areas must cater for maximum resident numbers planned for a particular property.
6.4 Rent (s34 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
- the selection of tradespersons is fair, equitable and free from any conflict of interest
- where required by law, a qualified licensed tradesperson with adequate insurance cover is engaged to carry out the work
- 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
- works are completed in a timely manner.
7. Property Matters
7.1 All Premises utilised by the Provider in supplying services must be kept in good repair.
7.2 In carrying out repairs, any broken items must be replaced with similar items.
7.3 Maintenance undertaken by the Provider must be carried out in a tradesperson-like and lawful manner and should be from good quality, durable, low maintenance materials to cater for high wear and tear.
7.4 The Provider must not sub-let any portion of Property for reasons that fall outside the objectives without first obtaining the approval of the department.
7.5 The Provider must not lease any property from any Employee or Officer using Receipts.
8. Allowable Expenditure
8.1 In achieving the Objective of the Program the Provider must only use the funds received from the Department and Receipts for Allowable Expenditure.
8.2 Such funds and Receipts must not be used to provide support services to residents or for non housing capital items such as furniture, refrigerators, washing machines and computers.
8.3 The Provider must not commit itself to contracts or other legal obligations that extend beyond the period of funding or term stated in the Assistance Agreement if the Provider is reliant upon Receipts in order to meet its obligations under such contracts or legal obligations.
9. Complementary Support Funding
9.1 The Provider acknowledges that it may have an entitlement to receive funding from other Departments of the State or Australian Government. The Provider may also have an ability to seek funding assistance from private sources relevant to the Objective of the Program. The Provider must with respect of public funds:
- actively seek approval for further funding where available from any authority
- comply with all directions and requirements of the administering authority or government department
- if in receipt of complementary funding at any time during the term of the Assistance Agreement, continue to receive the complementary funding
- if in receipt of complementary funding at any time during the term of the Assistance Agreement, notify the State in writing within five (5) business days of ceasing to be in receipt of such funding.
9.2 A failure to continue to receive complementary funding under clause 9.1(b) (iii) of this Program Specification will also constitute an act of default under the Assistance Agreement.
10. Insurance
The Provider must hold public liability insurance for a minimum amount of $10,000,000 (ten million dollars).
11. Reporting
11.1 The Provider must provide the following information and reports to the Department 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 Department may reasonably request.
11.2 Without limiting clause 11.1 the Provider must provide the following completed reports to the Department in the time frames detailed below:
- the Social Housing Annual Financial Return in the form or system provided from time to time by the Department by 31 October each year
- a report that explains how it has met its obligations under the Assistance Agreement for each annual period ending 30 June, by 31 October each year
- the financial reports in the form or system provided by the Department from time to time and by the dates detailed in the Assistance Agreement.




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