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Appendix 1: Standard Hostels Agreement

A1.1 Introduction

The standard Agreement was developed to allow hostels with ABSTUDY secondary boarders to access term in advance living allowance payments.

Hostels which do not have a contractual agreement with Centrelink are to be paid fortnightly for eligible students.

Agreements are valid for financial year periods and new Agreements must be renegotiated each year.

A copy of the current Agreement is attached below. 

A1.2 When to Use the Standard Agreement

The standard Agreement is to be used when a hostel wishes to receive term in advance payments for approved ABSTUDY boarders.

Note: The following hostels are covered by a national Agreement with Aboriginal Hostels Limited and do not need to sign individual Agreements:

• Fordimail Residence, Katherine NT
• Wangkana-Kari Hostel, Tennant Creek NT
• Joe McGinness Hostel, Cairns Qld
• Kirinari Hostel, Sydney NSW
• Biala Hostel, Allambie Heights, Sydney NSW
• Kirinari Hostel, Garden Suburbs, Newcastle NSW
• Warrina Hostel, Dubbo NSW.

A1.3 Completing the Agreement

The delegate must ensure that all relevant information has been included in the Agreement, the terms have not been altered, each page is initialled and both parties have signed in the appropriate places. Agreements are to be renegotiated each financial year.

A1.4 Hostels in New South Wales

Hostels in New South Wales must comply with the New South Wales Child Protection Legislation, "Working with Children" and the "Commission for Children and Young People Act (NSW) 1998".

A1.5 Hostels in Queensland

Hostels in Queensland must comply with the "Commission for Children and Young People Act (QLD) 2000". 

AGREEMENT NUMBER:

AGREEMENT FOR INDIGENOUS STUDENT HOSTEL ACCOMMODATION

THIS AGREEMENT IS BETWEEN

THE COMMONWEALTH OF AUSTRALIA acting through    (“us”)

having a postal address of:

AND

(“you”)

having a postal address of:

Overview

To provide for direct payments by us to you where residential accommodation at a Hostel is provided by you to students entitled to payment of benefits under the ABSTUDY scheme.

1. DEFINITIONS:

"Educational Services" means educational training provided to Entitled Students at a school;

"Entitled Student" means a person who is eligible for benefits payable under the ABSTUDY scheme;

"Hostel" means the facility providing board and residential accommodation operated by you and known as    ;

"Living Allowance" means an allowance payable under the ABSTUDY scheme;

"resident" means an Entitled Student residing at a Hostel managed by you;

"Residential Fee" means the amount payable by us to you in respect of an Entitled Student calculated in accordance with either subclauses 4.2 or 4.3;

"Residential Charge" means the amount notified by you to us in accordance with subclause 3.2;

"School Fees Allowance" means an amount payable to an Entitled Student, under the ABSTUDY scheme, for education costs such as the provision of text books and other materials, the unused portion of which may be approved to pay excess boarding costs if deemed reasonable;

"school" means the educational facility that Entitled Students are required to attend;

"Student Services office" means the body responsible for processing an Entitled Student’s application for assistance under the ABSTUDY scheme, and in this context means the Student Services office which has had the responsibility for administering your agreement;

2. GENERAL:

2.1 Guidelines

The ABSTUDY guidelines, as revised from time to time form part of this agreement between you and us.

2.2 Hostels in New South Wales

Hostels in New South Wales must comply with the New South Wales Child Protection legislation:

• The Child Protection (Prohibited Employment) Act 1998; 
• The Commission for Children and Young People Act 1998; and 
• The Ombudsman Amendment (Child Protection and Community Services) Act 1998.
  Under the legislation Hostels are required to obtain a 'prohibited person' declaration from all people registered to provide services in New South Wales.

2.3 Hostels in Queensland

Hostels in Queensland must comply with the Queensland Child Protection legislation:

• The Commission for Children and Young People Act (QLD) 2000. Under the legislation Hostels are required to obtain a ‘prohibited person’ declaration from all people registered to provide services in Queensland.

2.4 Entitled Students

We will make payments to you under this agreement only in relation to Entitled Students.

2.5 Transfer of Living Allowances

Living Allowances may be transferred where an Entitled Student is either: 

1. under the age of 18 years and their parent or guardian has authorised us in writing to pay you all or part of the Living Allowance otherwise payable to the Entitled Student’s parent or guardian; or 
2. over the age of 18 years and the Entitled Student has authorised us in writing to pay to you all or part of the Living Allowance otherwise payable to them.

3. YOUR OBLIGATIONS

3.1 Provision of Services

You will arrange and provide for those Entitled Students living at the Hostel, adequate nutritional and physical needs and a safe environment. You will ensure that the Hostel buildings meet the relevant building codes and health regulations for your State or Territory. You will allow Centrelink officers or their agents to inspect the Hostel premises at periodic intervals following a written request giving 7 days notice. 

3.2 Notification of Residential Charge

You will advise us in writing, prior to each of the terms of the school year, of the amount you will charge for each of these terms.

The charges which we will pay you are limited to the maximum allowable rates set under the ABSTUDY guidelines. 

3.3 Notification of Entitled Students Details

You will provide us with a written notice, prior to each of the terms of the school year, of the full name and home address of each Entitled Student who is to be a resident at the Hostel during each of these terms.

4. PAYMENT ARRANGEMENTS:

4.1 Payments to you

Provided you are performing the agreement to our satisfaction, we will pay you a Residential Fee at the beginning of each term in respect of each Entitled Student residing at the Hostel.

4.2 

The Residential Fee will be the sum of the Basic Payment, Rent Assistance and any School Fees Allowance which would have been payable in respect of that Entitled Student under the ABSTUDY guidelines or the Residential Charge, whichever is the lesser. 

4.3 Payment for Entitled Students not on notice under subclause 3.3

If an Entitled Student whose name and address does not appear on a notice given under subclause 3.3 comes to live at the Hostel after the commencement of the term of a school year we will pay you that proportion of the Residential Fee representing the number of days the Entitled Student is resident in the Hostel during that term over the total days in the term.

4.4 Notification Arrangements

You agree that within 14 days after an Entitled Student leaves the Hostel you will notify us at the Student Services office of the full name and address of each Entitled Student who has left the Hostel and the date on which they left.

4.5 Repayment and Retention of Funds where an Entitled Student leaves the Hostel

You agree that:

1. if an Entitled Student leaves the Hostel:  

1. within the first six weeks of taking up residence; or
2. after the first six weeks residence but ceased to attend classes at  the school during the first six weeks;

you will repay all the moneys paid by us to you for that Entitled Student, less the amount which is equal to the Basic Payment for the first six weeks of that residence;

2. if an Entitled Student leaves the Hostel and ceased to attend classes at the school:

1. after the first six weeks of taking residence, 

you will repay all the moneys paid by us to you for that Entitled Student, less the amount which is equal to the Basic Payment payable to the actual date when the Entitled Student both attended the school and also resided at the Hostel.

4.6 Compensation for Late Payment

If money owing to us is not paid or refunded by the due date for payment, you will be liable to pay us interest on the outstanding amount as set by the Commonwealth Department of Finance from time to time based on the weighted average yield of 13 Week Treasury Notes plus a margin of 4 per cent per annum.

4.7

The interest charge describe in subclause 4.6 will begin to run 21 days after the Entitled Student leaves the Hostel.

5. MISCELLANEOUS:

5.1 Period of Agreement

This agreement is effective from the date the agreement is signed by both us and you, up to 30 June 2002.

5.2 Termination of Agreement

We may terminate this agreement at any time. If we decide to do so, we shall cease all payments to you. You must then repay to us all unspent moneys that we have paid to you.

5.3 Notice

You shall give any notice, request or other communication in writing and deliver this by hand or send it by pre-paid post, facsimile or telex, to us at the address below for the attention of:

National Manager
Youth and Student Services
Centrelink
GPO Box 7788
CANBERRA MAIL CENTRE ACT 2610 

We  shall give you any notice, request or other communication in writing at the address indicated by you at the beginning of this agreement unless you notify us otherwise.

5.4 Entire Agreement

This is the entire agreement between you and us. No agreement varying or extending this agreement shall be legally binding upon either party unless in writing and signed by both parties. 

5.5 Applicable Law

The agreement shall be governed by and construed in accordance with the law of the State or Territory in which the Hostel is located. 

6. MONITORING AND REPORTING REQUIREMENTS: 

6.1 Service Records to be maintained

You must maintain details of the following:

1. a record of the services provided to Entitled Students, including food, and accommodation;
2. a list outlining the items of clothing and equipment provided to Entitled Students including books, materials and other supplies.

You must retain these records for two years after the agreement has ended.

If we make a written request and give you reasonable notice, you must provide us with any information required by us for monitoring and evaluation purposes.

6.2 Financial Records

You must keep proper accounts and records of your transactions and affairs in relation to any money you receive from us under the agreement in accordance with Australian Accounting Standards. In particular, all moneys provided by us must be clearly and separately identified in your accounts. You must keep your financial accounts and records in such a way as to enable an auditor or other person to examine them at any time and to ascertain your financial position.

6.3 Our Audit and Monitoring Requirements

You must help us to monitor and evaluate the services provided by you by: 

1. allowing us, at all reasonable times, unhindered access to all accounts, records, documents and papers which relate directly or indirectly to the receipt, expenditure or payment of the Basic Payment, Rent Assistance or any School Fees Allowance to you and allowing us to copy it;   
2. us, at all reasonable times, unhindered access to your financial accounts and records as described in subclause 6.2 and allowing us to copy them;
3. providing reasonable assistance to us to locate and copy any material relating to the provision of the services under this agreement and your financial accounts and records;
4. allowing us, at all reasonable times, unhindered access to inspect the Hostel; and 
5. advising us of any changes in arrangements for the provision of the services.

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