Department for Child Protection Procurement & Contracting Sector Briefing 4 Tuesday 21 May 2019, 9am-11am The Science Exchange (webex meeting 998 416 397)
Acknowledgement of Country We would like to acknowledge this land that we meet on today is the traditional lands of the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.
Department for Child Protection Procurement & Contracting Sector Briefing 4 Fiona Ward, Acting Chief Executive Department for Child Protection
New working with children checks From 1 July 2019, people working or volunteering with children in South Australia must, by law, have a valid child-related clearance - “The new, stronger laws for people working or volunteering with children were recommended as part of federal and South Australian royal commissions and help keep children safe in our community - It is an offence to: - work or volunteer in a child-related role without a working with children check - work or volunteer in a child- related role if you are ‘prohibited from working with children’ - employ a person or volunteer for a child- related role who doesn’t have a valid working with children check, or is prohibited from working with children” 1 - In the event that a carer, adult house hold member or regular household guest, is a prohibited person or does not have valid child-related clearance, DCP will request removal of the child, carer or adult household member from the placement For more information please refer to: 1 Department of Human Services – Screening process webpage Working with Children Checks for family based carers practice guidance available on DCP’s webpage
Department for Child Protection Sector briefing 4 2019/2020 Procurement Program Update Jennifer Browne, Chief Financial Officer Department for Child Protection
2019 Procurement and contracting timeline 1 July 2019 Quarter 1 payment for block Date extended, we want to ensure Service funded agreements release date Providers have 3 weeks to review, for executed contracts negotiate & execute finalised contracts 21/05/2019 – 14 June 2019 21 June 2019 28 June 2019 30 June 2019 18 April 2019 By 9 May Executed Executed 23/05/2019 Signed Contracts Example 2019 Updated draft executed by contracts contracts agreements & Draft contracts to contracts be returned SA Govt. returned to implemented contract contracts provided to delegate(s) Service by Service content issued to Service Providers (i.e. Minister, Providers available for Service Providers CE, CFO) review on Providers Service using new One on one Service Provider meetings Provider area agreement 23/05/2019 – 27/05/2019 to discuss and seek of webpage templates agreement on updated draft contracts
Sector feedback on draft contracts Some contract content has been hyperlinked to DCP’s website, does this mean DCP can change Service Provision Requirements or Service Specifications at any time, and without consultation? No, service providers will be involved and communicated with as per the below consultation process. Wording under Attachment 1, Item 9 (NFP Funded Agreement) and Item 13 (Goods and Services) has been amended to reflect the requirement for DCP to provide reasonable notice. Web based content will have more prominent publication dates and the latest news section of the website will highlight any new or amended content. Service Provision Requirements & Service Specification Consultation process
Sector feedback on draft contracts I don’t agree with the Standard Terms & Conditions in Attachment 2 or the Special Conditions in Attachment 3, can any of these be amended? No, these have been prescribed at a whole of Government level and apply across all South Australian Not for Profit (NFP) Funded Agreements (not specific to DCP) Extract from Sector Briefing 1 presentation on NFP Elements Attachment 2 – Standard Terms and Conditions A “locked” document specifying standard terms and conditions of providing services to a Government Party Apply across all South Australian Not-for-profit (NFP) Funded Agreements (not specific to DCP) Attachment 3 – Special Conditions A “pre - defined” document specifying conditions of providing a specific type of service to a Government Party Prescribed at a whole of Government level Dependent on the service type of the agreement, some conditions may not apply and will be excluded
Sector feedback on draft contracts How will the contract clauses be impacted by new legislation that comes into effect 1 July 2019? From 1 July 2019, people working or volunteering with children in South Australia, must by law, have a valid child- related clearance. The requirement to have a valid child-related clearance from 1 July 2019, such as a working with children check, is covered by Child Safety (Prohibited Persons) Act 2016 and Child Safety (Prohibited Persons) Regulations 2019. Until this time, the Suitability of Persons clause (S4 of the Not for Profit Funded Agreement; S13 of the Goods and Services Agreement) remains in effect across the SA Government DCP are currently working with the Crown Solicitor’s Office to determine future contractual requirements once the new legislation is passed Any amendments (if required) to be communicated
Sector feedback on draft contracts If I can’t meet the performance targets or thresholds, will DCP immediately seek abatement action? No, the reasons for not meeting targets are to be considered and discussed as part of contract management meetings about performance. Our goal is to identify the cause of under or non performance and work with the service provider & relevant DCP stakeholders to achieve levels of performance. Action is dependent on the specific under or non performance. Acceptable vs unacceptable variance Examples of acceptable variance Dependent on the measure, but some examples may include: • No trend of past under or non performance • It is not a legislative compliance requirement • The under or non performance was not caused or within the control of the Service Provider Examples of unacceptable variance Dependent on the measure, but some examples may include: • Continued under or non performance i.e. 2 or more quarters • Non compliance to legislation • Performance outcome was within the control of the Service Provider
Department for Child Protection Sector briefing 4 Family based care pricing and contracting Jennifer Browne, Chief Financial Officer Department for Child Protection
Growing family based care The South Australian Child Protection sector has seen significant growth in Out of Home Care (OOHC) Placement numbers in recent years 3695 total placements 2017/2018 8.91% annual increase since 2014/2015 Quality of care for children and young people Nyland recommendation 128 “Phase out use of commercial carers…except in genuine short -term emergencies” South Australia is below national benchmarks for family based care 2016/2017 South Australia 83% compared to 93% nationally 2017/2018 South Australia 85% compared to 93% nationally
DCP Contracting to support growth Introduction of growth payments A new initiative for the South Australian Child Protection Children, introduced in 2018 Standard Unit pricing aligned to growth principles communicated in 2018 45% of general foster care contracts; and 66% of specialist foster care contracts are delivering placements beyond their minimum target (Dec 2018) Seeing SA’s focus on supporting the growth in family based placements is stimulating new service providers wanting to join the SA child protection to deliver family based care Actively scoping bringing Specialised Family Based carer reimbursements in house based on sector feedback Future growth will be based on utilisation over the period, rather than determined based on placements at a point in time We are reviewing process and mechanisms to support the timely execution of growth payments
Resetting the base Equalised family based unit pricing Nyland recommendation 122 Consistent unit pricing for foster care 2019/2020 single general foster care placement $14,060 ex GST* without loading 2019/2020 single specialist foster care placement $97,133 ex GST* without loading Resetting family based contract minimum placements in line with 31 Dec 2018 results *inclusive of Equal Remuneration Order (ERO)
Resetting the base Family based care remoteness loading Based on the location of the carer household Reflect the increased cost associated with supporting carers in rural & remote locations Based on the Federal Government’s geographic remoteness classifications (ASGC-RA) Classification determined by entering address into locator tool Applied to the base unit price at the following rates Loading rate Classification 0% RA1: Major city in Australia & RA2: Inner region of Australia 8% RA3: Outer regional Australia 25% RA4: Remote Australia 29% RA5: Very remote Australia Classification as per Australian Statistical Geography Standard 2016 Classification Scheme
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