Building an Indigenous Workforce in Government Service Delivery (Education) - Program Guidelines

The Australian Government’s 2007 Budget provided funding of $15.1 million over four years to convert approximately 200 positions, filled by Community Development Employment Project (CDEP) participants until 30 June 2007, into permanent, ongoing jobs with Education Providers in the following urban and major regional centres affected by the 1 July 2007 CDEP closures:

• ACT – Territory wide.
• New South Wales – Sydney, Central Coast, Newcastle, Hunter region, Armidale, Cowra, Griffith, Tamworth, Wagga Wagga, Albury and Queanbeyan.
• Northern Territory – Darwin.
• Queensland – Rockhampton, Yeppoon including Capricorn Coast and Gladstone including Biloela and Mt Morgan, City of Cairns and district from Palm Cove to Edmonton, Townsville region comprising the cities of Townsville and Thuringowa, City of Toowoomba and surrounding district including Oakey and Crows Nest, Dalby and district, Warwick and district, City of Mackay and district, Brisbane including North Stradbroke Island, Beaudesert, Ipswich, Sunshine Coast and Gold Coast.
• South Australia – Adelaide and Riverland and immediate surrounds, South East South Australia and immediate surrounds, Port Lincoln and immediate surrounds, Port Augusta, Whyalla, Port Pirie and immediate surrounds, Murray Bridge and immediate surrounds.
• Tasmania – Mainland.
• Victoria – Halls Gap, Horsham, Ballarat, Shepparton, Wangaratta, Echuca, Wodonga, Melbourne, Geelong, Bairnsdale, Orbost, Lakes Entrance, Lake Tyers, Warrnambool, Portland, Hamilton, Heywood, Mortlake, Camperdown, Terang and Robinvale.
• Western Australia – Port Hedland, South Hedland, Bunbury, Busselton, Collie, Australind, Kalgoorlie, Esperance, Perth metropolitan area, Broome, Albany and Geraldton.

This initiative is part of a broader $97.2 million package announced by the then Minister for Employment and Workplace Relations, the Hon Joe Hockey MP, to provide for the conversion of at least 825 CDEP positions in a range of areas including education, environment and heritage protection, community care, child care and Indigenous night patrols.

From 1 July 2007 the Australian Government will redirect ongoing funding to former CDEP host employers in the government and non–government education sectors, and the TAFE sector, that agree to convert their former CDEP positions into permanent, identified positions.  Funding may be provided for positions where:

• the position/s assist the provider to improve the education outcomes of the Indigenous community; and
• the position/s are identified for Aboriginal or Torres Strait Islander persons (see ‘Definition of Aboriginality or Torres Strait Islander status’ section below).

Funding will be available to approved Education Providers from 1 July 2007 to provide for a permanent, part-time wage, on-costs and a training budget for each converted CDEP position.  For each approved position, the Australian Government will provide $218.60 per week in 2007 and up to an additional 30 percent of this wage for on-costs to cover superannuation, long-service leave, payroll processing and the costs associated with creating and filling the new position.  The Australian Government will also provide a one-off payment of $6,000 per position to the host employer to assist with necessary professional development of former CDEP participants, including coaching and training.  Providers will have until 31 December 2008 to expend the training and development funds.

Any unexpended or unacquitted funds will need to be repaid to the Commonwealth.  Wages may be indexed annually in line with the WCI-1 index.

Funding for the BAIW program is sourced through the Indigenous Education (Targeted Assistance) Act 2000 (the Act).  The Act appropriates funding through to the end of the 2008 school (calendar) year. 

Depending on whether a provider has an existing agreement with the Commonwealth for the purposes of the Act, the Department may either amend that agreement or require successful applicants to enter into a new funding agreement.

Education Providers will be responsible for:

• providing each employee with permanent employment at the relevant award wage, or their former salary (if they were on the CDEP program), whichever is higher;
• providing appropriate employment conditions as set by the relevant Award;
• maintaining relevant insurance in relation to each employee, including workers’ compensation insurance;
• filling vacant positions through a merit selection exercise (unless, in the first instance only, the employer decides to directly place the former CDEP participant in the position) ensuring that all positions are identified for Aboriginal or Torres Strait Islander persons; and
• using funds allocated under this program in accordance with these Guidelines and the Act.

For the purposes of these Guidelines, an Australian Aboriginal or Torres Strait Islander person is one who:

• is of Aboriginal or Torres Strait Islander descent; and
• identifies as an Australian Aboriginal or Torres Strait Islander person; and
• is accepted as such by the community in which s/he lives or has lived.

The priorities outlined in the following table will be used to inform the allocation of funding:

Priority	Characteristic
1	Schools in which the Indigenous student cohort is 20 or more; and Positions that deliver educational services and support to the Indigenous community (i.e. teacher’s aides, home-school liaison officers, mentors).
2	Positions that indirectly support the effective delivery of educational services (i.e. administrative roles, groundskeepers, cleaners, maintenance workers).

7.2

Generally only one Priority 2 position will be funded per preschool, school or TAFE, except for when a CDEP participant has continuously filled the Priority 2 position between the conclusion of the CDEP program on 30 June 2007 and when the BAIW funding application was submitted.  Education systems will have the option of converting any non-funded Priority 2 positions into Priority 1 positions, and redistributing them to schools with an Indigenous student cohort of 20 or more.

Over time and when opportunities arise, vacated Priority 2 positions should be converted into Priority 1 positions.

Each DEEWR State Office will assess the applications received in their jurisdiction for completion, eligibility and the relative priority of positions.  DEEWR State Managers will then forward their recommendations to National Office.  National Office staff will review applications from across the country for national consistency and with regard for the total available funding under this initiative, then provide advice to the Delegate.  The Delegate for this initiative is the Group Manager, Indigenous Education Group.

Education systems may transfer or upgrade positions (to Priority 1 positions) subject to the following: 

• Positions must either be vacant or the current occupant of the position must agree to the transfer or upgrade;
• Transfers may only be made to urban or regional schools/TAFEs in areas in which the CDEP program closed on 1 July 2007 (see front page of Guidelines for a list of areas); and
• DEEWR must be notified of all changes in the next reporting activity.

You may be eligible for funding if you:

• are a registered education or TAFE provider or system in the state or territory in which you operate;
• are geographically located in one of the urban or large regional centres in which the CDEP program ceased operation on 1 July 2007 (see beginning of Guidelines for a list of locations);
• hosted a CDEP participant for at least 15 hours per week for a period of 4 months or longer during 2007, or for a consecutive period of 12 months or longer between 2005 and 2007; and
• are willing to convert this CDEP position into a permanent position.

The Australian Government is committed to protecting children from harm, promoting their well being, and to ensuring the safety of students participating in Indigenous Education Program elements.  As part of the Australian Government commitment, DEEWR has developed the Working with Children Guidelines applicable to all education providers.

As stipulated in the DEEWR Working with Children Guidelines, Education Providers must comply with all relevant Commonwealth, State and Territory laws, including those relating to working with children.  Funded organisations must ensure that all persons who will come into contact with children in the delivery of an IEP element provide the employing organisation with the following:

• an original copy of a completed Working with Children application form (either the education provider or individual must submit the application form with the appropriate fee to the Australian Federal Police for processing);
• a certified copy of an AFP National Police Check for Working with Children Report (within 3 months of the start date of the period of engagement); and
• a certified copy of any applicable State/Territory based working with Children check (prior to any period of engagement). 

No person who is prohibited under any law of a State or Territory relating to working with children may be permitted to work with children under a DEEWR program.

An application form is available from, and should be submitted to, the Department of Education, Employment and Workplace Relations (DEEWR) State Office in your State or Territory.  Two rounds of applications will be held in 2007, with provision to accommodate applications from individual non-systemic education providers between rounds.  The formal application rounds will close on Friday 24 August and Friday 30 November.  For State Manager contact details please see the DEEWR website: http://www.dest.gov.au/portfolio_department/dest_information/dest_contact_directory/state_offices_contacts.htm. 

To be eligible for funding the following must be submitted:

• Fully completed application form;
• De-identified (i.e. all personal names are fully blacked out and illegible) copy of the CDEP Agreement for each position being created; and
• Other supporting evidence if requested.

Please note that your submission will not be successful if you fail to:

• adequately address the eligibility criteria;
• attach adequate evidence to support your claims against the criteria; and/or
• submit your application on time (noting that exceptions may be made in extenuating circumstances on permission from the DEEWR State or Territory Manager in your jurisdiction).

Funding has been appropriated under the Indigenous Education (Targeted Assistance) Act 2000, and must be used accordingly.  If funding is approved, you will be required to spend it on the converted CDEP position/s.  If an occupant leaves the position and takes up a different job with the same employer, they will no longer be eligible for funding under this initiative.

You will be required to submit the following:

• Progress Report – required during the period of the funded activities to ensure that the objectives of the BAIW are being met;
• Performance Report – one report is required at the end of the assessment period; and
• Financial Acquittal – is required at the end of the assessment period.

Please note that, in submitting any Progress Reports, Performance Reports, acquittals or any other information pursuant to this program, giving false or misleading information is a serious offence.

Successful applicants may also be required to participate in a broader evaluation of the program.

The Freedom of Information Act 1982 (“FOI Act”) extends as far as possible the right of the Australian community to access information in the possession of Australian Government departments.  All documents created or held by the Department with regard to the Building an Indigenous Workforce in Government Service Delivery – Education scheme/program are subject to the FOI Act (including any documents of contactors where DEEWR has a right to immediate possession of documents held those contractors).  Unless a document falls under an exemption provision, it will be made available to the general public if requested under the FOI Act.

The Privacy Act 1988

DEEWR is bound, in administering the Building an Indigenous Workforce in Government Service Delivery – Education scheme/program, by the provisions of the Privacy Act 1988.  Section 14 of the Privacy Act contains the Information Privacy Principles (IPPs) which prescribe the rules for handling personal information.

Persons, bodies and organisations involved in the Building an Indigenous Workforce in Government Service Delivery – Education scheme/program must abide by the IPPs and the Privacy Act when handling personal information collected for the purposes of that scheme/program. In brief, persons, bodies and organisations must ensure that:

• personal information is collected in accordance with IPPs 1-3;
• suitable storage arrangements, including appropriate filing procedures are in place;
• suitable security arrangements exist for all records containing personal information;
• access to a person’s own personal information held by the organisation is made available to the person at no charge;
• records are accurate, up-to-date, complete and not misleading;
• where a record is found to be inaccurate, the correction is made;
• where a person requests that a record be amended because it is inaccurate but the record is found to be accurate, the details of the request for amendment are noted on the record;
• the personal information is only to be used for the purposes for which it was collected, or for other purposes where expressly allowed by IPP 10; and
• personal information is only disclosed in accordance with IPP 11.

Privacy Complaints and Advice

Complaints about breaches of privacy will be referred to the Privacy Contact Officer in the Litigation and External Review Section of the Procurement, Assurance and Legal Group, in DEEWR National Office.  Privacy complaints may be emailed to privacy@dest.gov.au.  Privacy complaints can be made directly to the Federal Privacy Commissioner, however the Federal Privacy Commissioner prefers that the Department be given an opportunity to deal with the complaint in the first instance.