Delivering the NSW gambling support and treatment system Office of - - PowerPoint PPT Presentation

delivering the nsw gambling support and treatment system
SMART_READER_LITE
LIVE PREVIEW

Delivering the NSW gambling support and treatment system Office of - - PowerPoint PPT Presentation

Delivering the NSW gambling support and treatment system Office of Responsible Gambling Pre-tender information session Todays presenters Natalie Wright Eloise Nigro Rabab Hannan Director, Office of Manager, Service Delivery Paralegal,


slide-1
SLIDE 1

Delivering the NSW gambling support and treatment system

Office of Responsible Gambling Pre-tender information session

slide-2
SLIDE 2

2

Today’s presenters

Natalie Wright

Director, Office of Responsible Gambling

Eloise Nigro

Manager, Service Delivery & Transformation

Rabab Hannan

Paralegal, Legal Services

slide-3
SLIDE 3

3

Agenda

  • About the Office of Responsible Gambling
  • Gambling in NSW
  • Overview of the current gambling support & treatment model
  • Redesigning gambling support and treatment – the journey so far
  • Key recommendations
  • The future model
  • The client journey – present and future
  • Establishing Regional Service Providers
  • Information about contracting
  • Next steps
  • Q&A
slide-4
SLIDE 4

Scope

What we will cover What we won’t cover

 Information on the tender process  Some of the key features of the new model  Timeframes and next steps  Questions will be taken on notice and

responded to via eTender

X Specifics on the funding model X Details of the new service specifications

Information on the above will be shared closer to the release of the tender

4

slide-5
SLIDE 5

About the Office of Responsible Gambling

Develops responsible gaming strategy and public policy advice for the NSW Government Supports and manages the Responsible Gambling Fund Manages a range of grants programs Funds the delivery

  • f gambling support

and treatment services Develops and delivers education and awareness programs Funds and commissions research in the gambling harm minimisation

5

slide-6
SLIDE 6

6

Gambling in NSW

Gambling is more common in some regions of NSW.

Average gambling participation rate:

53%

slide-7
SLIDE 7

Someone I care about has a gambling problem, how can I help them? What can I do?

Gambling in NSW

7

slide-8
SLIDE 8

Gambling in NSW

8

slide-9
SLIDE 9

Overview

  • f current

gambling support & treatment model

9

slide-10
SLIDE 10

10

The current model

slide-11
SLIDE 11

Redesigning services – a client centered approach

11

slide-12
SLIDE 12

In the treatment and support system

Client journey

12

slide-13
SLIDE 13

Broad range of clients

Marcus 62, Newcastle.

“I want to take back control of my money and time”

After I lost my wife, I’d spend every evening in the club on the pokies and playing keno. I realised I had a problem when I couldn’t afford a new fridge.

Abbas, 43, Bankstown.

“We’ve got a good life here as a family, I don’t want to put my relationships in danger”

I moved to Australia from Egypt and got a good job. I go to the pub with my workmates, who would drink and bet on races and

  • sports. I started joining

them and kept it a secret from my wife and family. I want to stop, but it’s hard.

Scott, 22, Bondi.

“If you’re smart and have enough nerve, you can win anything”

I work in financial management and loads of the guys bet on anything – who will get the next promotion at work, the elections, whatever. Sometimes I have a bad losing streak and I start to worry about how much money I’m losing. My brother is threatening to tell our parents.

Simone, 21, Sydney.

“I love my mum but I don’t want to give her another cent. I feel like a human ATM”

My mum’s been into gambling for a long time, pokies, keno, lotto. I never thought much of it until a year ago when she started asking me for money. I felt bad and thought it was just a temporary issue, so I gave her what I could. But it didn’t stop.

Nelly, 46, Wagga Wagga.

“My family live in another state, and I got divorced a few years ago”

I started spending more time at local club as I was lonely after my divorce. I like playing the pokies, it keeps me occupied, and I get to spend time around

  • ther people. I don’t tell

many people that I gamble because they might judge me.

13

slide-14
SLIDE 14

Redesign key recommendations

14

Establish contracts with integrated regional service providers, supported by specialist CALD and Aboriginal providers Introduce a digital platform to connect clients, providers and the ORG Expand digital self-service tools, and the use of video and telephone conferencing

Introduce peer support and client guide offerings Establish a quality standards framework

Implement data-led stewardship and resource allocation across the network by the ORG

slide-15
SLIDE 15

15

The proposed model

slide-16
SLIDE 16

Establishing Regional Service Providers

16

slide-17
SLIDE 17

Regional Service Providers to deliver:

17

Integrated services for every region including delivery of therapeutic and financial counselling Coordination of referral, scheduling and follow up using provided ICT platform Promotion and support of expanded digital services and non-counselling interventions Collaboration with specialised CALD and Aboriginal services and delivery of culturally appropriate services, improving the reach and integration of these services Continuous improvement through data collection and reporting Support for the ORG’s targeted education and awareness initiatives

4 5 6 1 2 3

slide-18
SLIDE 18

Implementation of Regional Service Providers

18

  • Aiming for commencement of RSPs from 1 January 2021
  • Will be a staged approach with main service delivery components included such as

counselling and community engagement

  • Some aspects of the model such as Client Guides and Peer Support workers will be

developed in conjunction with the RSPs and launched in years 2-3

slide-19
SLIDE 19

19

Regional Service Providers

Proposed regions

slide-20
SLIDE 20

20

Regional Service Providers

Proposed regions: Metropolitan areas

slide-21
SLIDE 21

21

Who should apply?

  • Organisations with experience delivering high quality

gambling counselling services

  • Organisations with experience delivering integrated gambling support services
  • Organisations with strong local population knowledge
  • Note: there’s no limit on the number of RSPs

a provider can apply for

slide-22
SLIDE 22

22

The tender process

Stage 1:

Tender opens to market

via the government website eTender NSW Winter 2020

Stage 2:

Evaluation

  • f tender

proposals

Winter 2020 – Spring 2020

Stage 3:

RSP commences from 1 Jan 2021

Summer 2021

slide-23
SLIDE 23

New Model for Services – need to network and form a contracting coalition

23

slide-24
SLIDE 24

24

Disclaimer

  • This presentation does not:
  • Constitute legal or any other professional advice
  • Set a final position for how we may conduct
  • ur request for tender
  • This presentation is provided for information

purposes only to highlight issues and considerations for prospective tenderers

  • No guarantee is provided that the information

provided is accurate or correct.

slide-25
SLIDE 25

25

DCS Preference – contract with one legal entity

  • The new model for services reduces the number of

contracts that will be established

  • Existing or new providers who wish to tender may

need to network and form coalitions (consortia).

  • If a coalition or consortium wishes to tender, DCS

prefers to transact with one legal entity.

  • The most likely scenario:

Source: https://www.austrade.gov.au/Australian/Education/Services/Working- in-a-consortium/Toolkit/step-5-formalise

slide-26
SLIDE 26

26

Different types of coalitions

There are a number of legal constructs that can be established to support a coalition. Providers must decide what works best for them. Some examples include:

  • Prime contractor with subcontracted entities
  • Partnerships
  • Joint ventures
  • Incorporated joint ventures
  • If there are government entities – lead agencies

may choose to bid on behalf of others

slide-27
SLIDE 27

27

Prime contractor with subcontracted entities

  • The prime contractor will be the entity that enters

into the contract for the services and may subcontract part of the services to be performed by others.

  • The prime contractor is legally liable for the

performance of all subcontracted work and the acts and omissions of subcontractors.

  • It is desirable for the subcontracts to mirror the

primary agreement terms (related to the part of the work subcontracted) to ensure consistency across the contracts and that legal liability falls to the entity responsible for a breach.

Source: https://www.austrade.gov.au/Australian/Education/Services/Working- in-a-consortium/Toolkit/step-5-formalise

slide-28
SLIDE 28

28

Partnerships

  • Partnership is a relationship between two
  • r more parties who share income and

losses between themselves.

  • Each partner is legally and financially

responsible for the actions of the other partners.

  • Partners are equals in the arrangement

and would be governed by a partnership agreement.

  • DCS would transact with the partnership.

Partnership

Common view to profit Profits divided among partners Each partner liable for the actions of

  • thers
slide-29
SLIDE 29

29

Joint ventures / Incorporated joint ventures

Joint venture

  • A joint venture is where several entities

participate in a single project rather than a continuing business.

  • A lead entity will need to be appointed and

would be responsible for the joint venture’s members’ performance of the agreement with DCS.

  • The joint venture agreement should manage the

relationship and legal liability for all members of the joint venture.

  • Each party who enters into a joint venture

agreement still maintains their separate business as a distinct legal entity.

Incorporated joint venture

  • Parties can decide to set up their joint venture

as a new company to undertake the joint venture project. This will create a separate legal body that can contract with DCS.

  • The incorporation documents will set out how

the relationship between the joint venture members and liabilities are managed.

  • Being a company, an incorporated joint venture

will be subject to the Corporations Act 2001.

slide-30
SLIDE 30

30

Types of agreements that may be needed

Pre-tendering

  • Teaming or collaboration agreement that

considers how the parties will jointly prepare a bid and what happens if they are:

  • Members of rival consortia – non-compete
  • Successful
  • Unsuccessful

Post tender

  • Agreement to establish and manage

consortium vehicle and respective member responsibilities, benefits and liabilities e.g. Joint venture agreement, partnership agreement, syndicate agreement.

  • Agreement prescribed by DCS for the

performance of the services.

  • Depending on the type of consortium, back to

back agreements with consortia members that mirror to the extent relevant the agreement between DCS and the lead consortium entity.

slide-31
SLIDE 31

31

Government entities and universities

NSW government agencies

  • If there are NSW government agencies that wish to join up and

jointly bid, they would need to determine who will lead the bid and what the respective roles of the other entities would be.

  • Typically, these agencies would enter into memoranda of

understanding to manage how they will govern the bid process as well as the performance of the contract if successful.

Universities

  • Universities are legal entities in their own right.
  • They can form consortia and adopt a contracting vehicle similar

to those that are options for other non-government entities.

slide-32
SLIDE 32

32

Issues to consider

  • Due diligence on consortium members
  • Seek references – ask for these from previous consortium partners

while also conducting online and ASIC searches

  • Review latest audited accounts and relevant financial information
  • Check whether consortium members have the necessary insurances

and certifications

  • Each member should obtain independent legal advice. Also seek legal advice on the:
  • Legal implications of forming a coalition and its structure
  • Governance arrangements
  • Development of agreements between members
  • Seek financial advice on budget, expense management and accounting
  • Seek tax advice on establishing a coalition and the relevant tax obligations
slide-33
SLIDE 33

33

Issues to consider (continued)

  • Consider the agreements that need to be drafted with consortium members to prepare a joint bid to

ensure it meets tender requirements. If successful, an agreement will need to be drafted to establish and manage the consortium arrangement. This would require you to consider the following:

  • Roles, responsibilities and contributions (assign roles and identify gaps, recruitment plans)
  • Lead entity or managing entity – who and why?
  • Benefits accrual according to contributions
  • Governance:
  • Decision making processes – quorum, unanimous, majority
  • Meetings and reviews
  • Issues resolution
  • Process for communicating with funding agency
  • Timelines, reporting and key performance indicators
  • Intellectual Property management
  • Confidentiality and information sharing
  • Insurance
  • Withdrawal from consortium – admission of new members
slide-34
SLIDE 34

34

Recap

  • Consortium entities will need to work out what

vehicle works best for them – prime contractor with subcontracted entities, partnerships, joint ventures

  • r incorporated joint ventures.
  • Agreements for the consortium may be required for

both pre-tendering and post tender stages.

  • Consider the various issues when setting up a

consortium such as governance, roles, expense management, tax and due diligence on members.

  • Seek appropriate legal, tax and financial advice on

establishing a contracting coalition.

slide-35
SLIDE 35

What’s next?

35

  • Your questions
  • Tender to be released mid-2020 via eTender
  • Subject to successful tender process, transitional

arrangements for the new model will commence in second half of 2020, with an aim of a date of commencement of early 2021

slide-36
SLIDE 36

36

corporateprocurement@customerservice.nsw.gov.au

Include reference number LG/687578

slide-37
SLIDE 37

37

Questions