Work Experience Activities for Disability …...National Work Experience Programme for DES Guidelines Effective Date: 1 October 2015 TRIM ID: D15/661479 1 National Work Experience

National Work Experience Programme for DES Guidelines Effective Date: 1 October 2015 TRIM ID: D15/661479

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National Work Experience Programme for Disability Employment Services

Guidelines V 1.0

Disclaimer This document is not a stand‐alone document and does not contain the entirety of Disability. Employment Services Program Providers' obligations. It should be read in conjunction with the Disability Employment Services Deed and any relevant Guidelines or reference material issued by the Department of Social Services (the Department) under or in connection with the Disability Employment Services Deed.


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Table of Contents Flow Chart – Administering NWEP Activities: ........................................................................... 4 Disability Employment Services Deed Clauses: ......................................................................... 5 Reference documents relevant to these Guidelines: ................................................................ 5 Explanatory Note: ...................................................................................................................... 5 Providing National Work Experience Programme Placements ................................................. 6 Attachment A – National Work Experience Programme (NWEP) Checklist ........................... 17 Attachment B – National Work Experience Programme Agreement Form ............................ 18


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Document Change History

Version Start Date Effective Date End Date Change & Location

1.0 1 October 2015

1 October 2015

Introduction of the National Work Experience Programme.

Summary These Guidelines provide information about the unpaid work experience activities that are available under the National Work Experience Programme (NWEP) in Disability Employment Services (DES).

Background NWEP give DES Participants an opportunity to access a broad range of work-like activities. NWEP should focus on skills in demand in the local labour market, or addressing non-vocational barriers and may be undertaken at any time the DES provider and DES Participant believe it will be of benefit to the Participant.


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Flow Chart – Administering NWEP Activities:


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Note: This should not be read as a stand-alone document, please also refer to the Disability Employment Services Deed. Disability Employment Services Deed Clauses: Clause 89 - Contact Services Clause 92 – Unpaid Work Experience Placements Reference documents relevant to these Guidelines: Disability Employment Services Participant Compliance Guidelines Risk Assessment for Disability Employment Services National Work Experience Programme Guidelines Job Plan Guidelines Incident Management and Reporting for National Work Experience Programme Placements for Service Providers Manual 2015-16 Explanatory Note:

1. The term ‘Disability Employment Services provider’ is contracted to ‘DES provider’. 2. All capitalised terms have the same meaning as in the Disability Employment Services

Deed. 3. In this document, “must” means that compliance is mandatory and “should” means

that compliance represents best practice.


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Providing National Work Experience Programme Placements

Who is Responsible: What is Required: 1. The DES provider

Determine if the DES Participant would benefit from an NWEP Disability Employment Services Deed Clause

References: Clause 92

A DES provider can access National Work Experience Placements by providing, brokering or purchasing an NWEP Placement for a DES Participant, in accordance with the Deed and these Guidelines.

To provide, broker or purchase an NWEP Placement, proceed to Step 2.

If the DES provider does not think that the DES

Participant would benefit from a NWEP Placement, end process.

2. The DES provider

Arrange NWEP Activity with NWEP Host Organisation Disability Employment Services Deed Clause Reference:

Clause 92

Annexure A – Definitions – In-kind Contributions

DES providers can provide, broker or purchase NWEP Placements for Participants who are:

18 years and older; and

receiving an income support payment. A checklist has been provided at Attachment A to assist DES Providers to arrange NWEP Placements. What are NWEP Placements?

An NWEP Placement is a short-term unpaid placement with an NWEP Host Organisation which allows DES Participants the opportunity to gain specific vocational skills and to experience a work-like environment. NWEP Placements are voluntary for DES Participants., however, Participants with Mutual Obligations must continue to meet their obligations during the NWEP placement. NWEP Placements should occur if there is the likelihood of an outcome of paid employment. For example, an NWEP Placement has the potential for an employment outcome where the NWEP Host Organisation has capacity to offer the Participant employment. NWEP Host Organisations can host more than one NWEP Participant concurrently. NWEP Placements cannot be rolled over to a new Placement involving the same Participant performing the same tasks with the same NWEP Host Organisation. NWEP Placements are time-limited NWEP Placements can be arranged for up to a maximum of 25 hours per-week. The maximum duration of an NWEP Activity is four-weeks total participation time. However,


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Who is Responsible: What is Required:

where the likely length of a subsequent paid employment opportunity is short term (i.e. less than six months) the placement should be for less than the maximum of four weeks.There is no minimum duration time for an NWEP Placement, however, the participation period must allow the Participant to demonstrate their capabilities. It is at the discretion of the DES provider as to the number of successive NWEP Placements a Participant undertakes, but they must bear in mind the objective of the NWEP Placement is the likelihood of subsequent paid employment. If a Participant has participated in several consecutive NWEP Placements without securing paid employment, the DES provider should determine if the Participant would benefit from further NWEP Placements before placing them in another NWEP Placement. Interruptions to an NWEP Placement Placements cannot, under any circumstances, be extended beyond four-weeks duration or beyond 25 hours per-week even when the Participant has a genuine reason for absence. NWEP Placements do not create employment relationships NWEP is not employment, training or an apprenticeship, and participation in an NWEP Placement does not, in itself, create an employment arrangement for the purposes of Commonwealth legislation such as the Fair Work Act 2009 – see section 631C of the Social Security Act 1991. However, DES providers should exercise caution to ensure that NWEP Placements are not deemed to be an employment relationship under state or territory legislation. If a Participant was deemed to have been employed, that Participant may be entitled to certain rights, including a right to be paid, as well as other implications such as worker’s compensation entitlements. The responsibility for these entitlements will most likely fall upon the NWEP Host Organisation if it is deemed there is an employment relationship. The Department of Social Services (the Department) has included a provision in the NWEP Agreement (Attachment B refers), that states the Participant is not an employee of the Host Organisation during the NWEP Palcement. While NWEP is an Approved Programme of Work, the DES provider must still ensure that the NWEP Host Organisation understands all the relevant requirements for hosting an NWEP Placement.


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Who is Responsible: What is Required: Please note: NWEP Placements must be ended where the NWEP Host Organisation offers a paid employment position to the Participant.

Locating NWEP Host Organisations and Placements

When providing or brokering NWEP Placements, DES providers should consult with local community and business organisations and/or undertake promotional activities to help identify potential NWEP Host Organisations. DES providers must give the NWEP Host Organisation and the DES Participant a copy of the NWEP Placement documentation to sign prior to the commencement of the placement. Restrictions on NWEP Activities

Before approving an NWEP Placement, the DES provider must satisfy itself that both the NWEP Host Organisation and the proposed NWEP Placement meet the requirements set out in the Deed, the Guidelines and the Department’s insurance policies. NWEP Host Organisations must not:

have engaged in illegal operations nor promote or condone any form of unlawful conduct;

be associated with the sex industry;

promote or condone gambling;

promote or condone any form of violence, self harm or suicide;

promote or condone any form of discrimination, including on the grounds of race, ethnic group, language, sex, religion or disability; or

provide any other service that is likely to bring the Participant, the DES provider or the Department into disrepute.

The Deed and relevant Guidelines do not restrict a Participant from undertaking an NWEP Placement with their own DES provider or a related entity, but it is important to note that the NWEP Placement should not fulfil a function which would normally be undertaken by the DES provider under the Deed, or any other contract. To ensure that NWEP Host Organisations do not use NWEP Placements inappropriately:

NWEP Placements must not be approved if an organisation has downsized its workforce in the previous 12 months, for example through redundancies or termination; noting that an NWEP Placement should be ended if an organisation


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Who is Responsible: What is Required: downsizes its workforce at the time of hosting the NWEP Placement; and/or

NWEP Placements must not be used as a stop-gap measure while an organisation is undertaking recruitment exercises or as a way of meeting ad hoc needs in lieu of creating paid employment opportunities.

These rules aim to protect the paid workforce of the NWEP Host Organisation and to ensure that these organisations do not use NWEP Placements inappropriately. DES providers must be satisfied that NWEP Placements occur without payment, other than for out-of-pocket expenses, and do not involve work that would otherwise have been undertake by a paid worker. In addition, NWEP Placements must not be approved if they:

involve working for the DES Participant, or a family member, or the DES Participant’s own organisation;

primarily promote a particular religious or political view;

involve violence towards people or damage to property;

are associated with the sex industry;

bring the DES Participant, the DES provider or the Department into disrepute;

involve welding/cutting work unless it complies fully with the Australian Standard 1674 ‘Safety in Welding and Allied Process’;

involve work on any product which is incorporated into an aircraft, aerial device, watercraft or hovercraft;

involve contact with asbestos;

involve any erection, demolition, alteration, of or extension to buildings by the NWEP Participant where the contract for the work exceeds $500,000 (please contact your contract manager if you are thinking of placing a Participant in this type of NWEP);

are contrary to the requirements of work, health and safety (WHS) legislation;

are a successive NWEP placement with the same NWEP

Host Organisation unless they are undertaking different roles or working in different areas of the same organisation; or

would result in the NWEP Participant being deemed by law to be an “employee”.

In-kind contributions DES Providers must not demand or accept any payment from a NWEP Host Organisation in relation to an NWEP Placement. DES providers can receive In-kind Contributions from a NWEP Host Organisation, but must ensure that they do not use undue influence to obtain In-kind Contributions to run an


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NWEP Placement. Documentary Evidence

DES providers must create and maintain full and accurate records of the conduct of an NWEP activity and supply these to the Department on request. Records include documents, information and data stored by any means, and all copies and extracts of the same, including:

signed copies of the NWEP Agreement that can be found at Attachment B;

copies of the risk assessment undertaken in accordance with the requirements set out in the Risk Assessment for Disability Employment Services National Work Experience Programme Guidelines;

file notes that document any incident notification and management or any complaints or concerns raised by the Participant in relation to safety.

DES providers should also keep any forms that have been processed (for example, insurance claims or instructions) and advice issued by the Department (for example, written approval for particular NWEP Placements) or any document that may be of importance to the NWEP Placement. DES providers and NWEP Host Organisations must treat all Participant information in accordance with the Deed record keeping requirements.

To continue setting up an NWEP Placement, Proceed to Step 3.

3. The DES provider Record the NWEP Placement in the Department’s IT System Disability Employment Services Deed Clause Reference:

Clause 92

Recording the NWEP Placement in the Department’s IT System When a NWEP Host Organisation agrees to host an NWEP Placement, the DES provider must identify and create all of their NWEP Placements in the Activity Management component of the Department’s IT System and place Participant’s details against the NWEP Placement when the Participant is referred to the Placement. This will give each Placement an Activity ID and assist DES providers in identifying and managing DES Participant placement into NWEP, recording budgets, managing tasks related to the NWEP Placement and completing associated reports. Recording the NWEP Placement and placing the Participant’s details against the NWEP Placement also ensures that those


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Participants eligible for an Approved Programme of Work Supplement of $20.80 per fortnight are paid the supplement.

4. The DES provider

Undertake a risk assessment of the NWEP Placement Disability Employment Services Deed Clause Reference:

Clause 92

Before an NWEP Placement starts, the DES provider must prepare and document a risk assessment for each NWEP Placement to identify risks and hazards, and potential risks and hazards, associated with the tasks that will be undertaken during the NWEP Placement. The risk assessment must be undertaken in accordance with the requirements set out in the Risk Assessment for Disability Employment Services National Work Experience Guidelines and all documentation must be kept on file. To continue setting up a NWEP Activity, Proceed to Step 5.

5. The DES provider

Ensure appropriate insurance coverage and purchase additional coverage for the DES Participant if necessary Disability Employment Services Deed Clause Reference:

Clause 92

The Department purchases personal accident insurance and public and/or product liability insurance to cover Participants undertaking NWEP Placements provided, purchased or brokered by DES providers. These insurance policies contain certain exclusions and DES providers should ensure that a Participant undertaking an NWEP Placement is aware of the insurance coverage and their duties with respect to compliance with any reasonable requirements of the NWEP Host Organisation; in particular, health and safety requirements relevant to the NWEP Host Organisation’s premises. The Department’s insurance policies will cover NWEP Participants in the event that the NWEP Placement is conducted on private land. However, it should be noted that there are exclusions to the coverage of motor vehicles. If the Activity includes the operation of a vehicle, the DES provider must ensure the Participant is covered by insurance. Before a provider begins an NWEP Placement they need to determine if the nature of the NWEP Placement requires additional insurance coverage, and either source it, if required, or amend the proposed NWEP Placement so that the Department’s additional Participants insurance coverage will be sufficient to adequately cover Participants on the NWEP Placement. The insurance assessment and any action must be undertaken by the DES provider. The Department’s insurance broker, Arthur J Gallagher (AJG), can help with any questions or concerns relating to whether the NWEP Placements being proposed may include components that are excluded from the Department’s insurance coverage. The DES provider should advise the Account Manager if they have made enquiries with AJG,


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including the detail of the outcome of any enquiries. For further detail on the Department’s purchased insurances see the NWEP Service Provider Manual 2015-16 on the Provider Portal. Instructions for managing accidents or incidents involving injury or death are contained in the Incident Management and Reporting for National Work Experience Programme Placements for Disability Employment Services Guidelines.


6. The DES provider

Nominate supervisors, as required Disability Employment Services Deed Clause References:

Clause 92

DES providers must ensure that DES Participants undertaking NWEP Placements are appropriately and highly supervised at all times, particularly when working with children or other vulnerable groups, and including with regard to the health, welfare and safety of Participants and members of the public. Supervisors must have:

appropriate skills and experience to manage Participants in the NWEP Placement;

relevant WHS training; and

criminal record checks where the NWEP Placement involves working with children.

To continue setting up an NWEP Placement, Proceed to

Step 7.

7. The DES provider

Ensure DES Participant is equipped to undertake the activity Disability Employment Services Deed Clause References:

Clause 92

DES providers must ensure that DES Participants are provided with all things necessary for NWEP including materials, equipment, special clothing, on-site services (such as toilets and catering facilities), supervision and training. As part of this process, DES providers must ensure that the Work Health and Safety (WHS) training that DES Participants received prior to the commencement of an NWEP Placement remains valid upon the introduction of any new tasks to an NWEP Placement. If new tasks are added to the placement, the Work Plan contained in the NWEP agreement will need to be renegotiated to include those tasks. If an NWEP Placement involves working with children or vulnerable people, the DES provider must ensure that an appropriate Check for the DES Participant is completed prior to commencing on the NWEP Placement. Where an NWEP Placement is purchased from another provider, the DES provider must establish which organisation will provide these items and services, including training and supervision. The DES provider is responsible for providing items and services for the DES Participant unless otherwise


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agreed. To continue setting up an NWEP Placement, Proceed to

Step 8. 8. The DES provider

Update DES Participant’s Job Plan Disability Employment Services Deed Clause Reference:

Section 5G– clause 96

The DES provider must amend the DES Participant’s Job Plan to add details of the NWEP Placement, but should also review the Job Plan to determine whether other parts of the plan remain current while the Participant is undertaking the NWEP Placement. For further information on the content of the Job Plan please refer to the Job Plan Guidelines.


9. The DES provider

Record participation in NWEP Placement on ‘activity management’ screen in the Department’s IT System Disability Employment Services Deed Clause References:

Clause 92

The DES Provider must place the Participant’s details against the NWEP Placement on the Department’s IT System when the Participant is referred to the NWEP Placement. Placing the Participant’s details against the NWEP Placement ensures that those Participants eligible for an Approved Programme of Work Supplement of $20.80 per fortnight are paid the supplement. When the DES Participant commences their participation in the NWEP Placement, the DES provider must open the DES Participant’s activity placement record and enter the details of the actual start date of the NWEP Placement. Recording the actual start date ensures the DES Participant’s participation records remain current and that the Participant is covered by insurance taken out by the Department.


10. The DES provider

Maintain contact with DES Participant and continue providing support Disability Employment Services Deed Clause Reference:

Clause 89

Contacts

The DES provider is required to meet regularly with DES Participants participating in NWEP Placements. The actual frequency, timing and duration of these Contacts may be negotiated between the DES provider and the DES Participant. Details of Contacts must be recorded as required in the Documentary Evidence Guidelines. Support

Once a DES Participant has commenced an NWEP Placement, the DES provider must support them to meet the terms of their Job Plan. Expectations include:

ensuring the Participants are benefiting from the NWEP Placement, enhancing their employment prospects, and not experiencing exploitation;

monitoring the Participant’s progress and satisfaction with


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Who is Responsible: What is Required: the NWEP Placement and resolving issues that may arise;

checking that the NWEP Placement is operating in accordance with the NWEP Agreement;

ensuring that WHS standards are upheld and ensuring that supervisors provide further WHS training to Participants as required; and

implementing all relevant requirements from the Department for supporting Participants, including the Service Guarantee.

To continue, Proceed to Step 11.


Monitor and manage DES Participant attendance at an NWEP Placement Disability Employment Services Deed Clause Reference:

Clause 92

The DES provider is responsible for ensuring that the DES Participant’s attendance is satisfactory. While DES providers should monitor the placement and put notification arrangements in place with Subcontractors and NWEP Host Organisations, compliance action cannot be taken against a DES participant for not attending an NWEP placement Where the DES Provider or the Host Organisation feel that the placement is not appropriate, the DES Provider should remove the participant from the activity. To continue, Proceed to Step 12.


Manage behaviour of DES Participants on NWEP Placements Disability Employment Services Deed Clause Reference:

Clause 92

DES providers must manage the behaviour, and implement strategies to address potential and actual misbehaviour of DES Participants on activities. This is to ensure the safety of all Participants and other persons who may come into contact with the NWEP Placement. Misbehaviour may cover a range of behaviour and may include:

inappropriate behaviour, including poor attitude, disruptive or uncooperative behaviour, or conduct that is considered unsafe and is endangering others or themselves; and

misconduct, including theft, malicious damage to or destruction of property, physical aggression or violence, threatening or intimidating behaviour, verbal abuse, sexual harassment, or intoxication.

Each incident of misbehaviour must be treated on its facts, and the DES provider must attempt to discuss the relevant behaviour with the Participant in order to determine whether the Participant had reasonable excuse for the behaviour.

Where a DES Participant behaves in such a way that they might be considered to have committed a No Show, No Pay Failure, or in particular, that their actions constitute 'misconduct' (as those terms are used in the Social Security Act


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1991), or otherwise behaves in a way that is contrary to the requirements of that Act, the DES provider must take the relevant action as specified in Disability Employment Services

Deed, and the Disability Employment Services Participant

Compliance Guidelines. The DES provider must decide if it will:

issue either a verbal or written warning and complete a file note recording the date, reason and outcome of the discussion, or

submit a Participation Report. Please note that any event of misconduct by DES Participants requires that the DES provider lodge a Participation Report (see the Disability Employment Services Participant Compliance Guidelines for more information).

Where a DES Participant’s conduct threatens the security or safety of others, or involves threatening, aggressive, or violent behaviour, the DES provider must immediately complete the ‘job seeker incident report screen’ (even if the incident is not attached to a police report number) in the Department’s IT Systems. If an incident occurs which involves injury or death, the DES provider must also notify the Department’s insurance broker through the Department’s Comcover Insurance Team. Contact details for the Comcover Insurance Team are in the NWEP Service Providers Manual 2015-16 on the Provider Portal site. All allegations of such types of incidents should also be reported to an Account Manager. DES providers should establish a process whereby the NWEP Placement supervisor will notify the DES provider as soon as possible, and at the latest within 24 hours, of any incident involving the NWEP Placement. Claim forms are accessible from the NWEP Service Providers Manual 2015-16 on the Provider Portal site. While allegations are being investigated, the DES Participant may continue to participate in an NWEP Placement, unless it is clearly inappropriate for them to do so. Should any incident occur that has the potential to put the employment services or the NWEP Placement into disrepute, the DES provider must report the incident to the Account Manager within 24 hours.

To continue, Proceed to Step 13.


Finalise NWEP details in the Department’s IT Systems Disability Employment

When the DES Participant finishes an NWEP Placement, the DES provider must complete outstanding NWEP details in the ‘activity management’ component in the Department’s IT Systems, as relevant, including:


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Who is Responsible: What is Required: Services Deed Clause References:

Clause 92

end dating DES Participants’ NWEP Placement records and ensuring supplement payments to Participants are ceased where relevant; and

finalising attendance information (including recording hours completed on activities) for DES Participants.


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Attachment A – National Work Experience Programme (NWEP) Checklist YES NO

Participant eligibility Is the Participant 18 years or over? Is the Participant on an Income Support Payment? Is an NWEP Placement the most suitable activity to address the Participant’s vocational needs? Is the Participant ready to undertake an NWEP Activity at this stage?

Generating the NWEP Placement Is there a possible NWEP Host Organisation?

Assessing the NWEP Placement Is the NWEP Host Organisation suitable for an NWEP Placement? Will the NWEP Host Organisation’s workforce be impacted by the NWEP Placement? Does the NWEP Host Organisation understand their responsibilities for the NWEP Placement?

Is the NWEP Placement suitable for the Participant? Is there a likelihood of paid employment? Is the NWEP Placement prohibited by the Deed, the Guidelines or Insurance policies? Does additional insurance need to be purchased?

Approving the NWEP Placement Is the NWEP Placement the correct duration? Are the NWEP Placement hours of attendance correct? Is there a safe system of work for the NWEP Placement? Has a risk assessment been conducted and all the issues identified addressed? Is there a suitable Supervisor? Has the Participant been provided with the necessary equipment or training? Is a criminal record or working with children check required? Has the Participant signed the NWEP Agreement? Has the NWEP Host Organisation signed the NWEP Agreement?

Managing the Participant on the NWEP Placement

Are there arrangements in place to monitor and manage the Participant and the NWEP Placement? Has the NWEP Placement been recorded in the Activity Management Screen in the Department’s IT System? Is there a process to report, record and action all incidents and accidents? Is there a process to report the Participant’s non-attendance? Has the Participant’s Job Plan been updated and discussed with the Participant? * Note: The purpose of this checklist is to assist DES providers to arrange an NWEP. It is for DES provider use only and does not replace the agreement signed by the NWEP Host Organisation and Participant (refer to Attachments B). An NWEP Placement should not start until all items in the checklist are addressed.


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Attachment B – National Work Experience Programme Agreement Form

JSID:

Participant name:

Participant phone:

Activity placement ID:

A. Provider details:

Provider name:

Contact name:

Provider phone:

Email address:

B. Host Organisation details:

Host Organisation name:

Note: Host Organisation name must be the legal name of the entity: eg. Company name, or name of individual if a sole trader

Contact name:

Physical address:

ABN: Phone:

Email address:

C. National Work Experience Programme Placement (Placement) details:

Description of Placement:

Placement Period:

Note: The period of the Placement must not exceed four weeks and is dependent on the likely length of the paid employment opportunity after the Placement has ended (e.g. where the likely length of paid employment is short term, the duration of the Placement should be less than the maximum period of four weeks).

Hours per week:

Note: The hours per week must not exceed a maximum of 25 hours participation per week

NATIONAL WORK EXPERIENCE PROGRAMME AGREEMENT FORM


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Participant Work Plan: To be agreed between the Provider, Host Organisation and Participant and completed prior to signing of this Agreement.

This section must outline information such as: the specific tasks that the Participant will be expected to complete during the Placement.

E.g. “The Participant will initially be observing how tasks are undertaken in the work

environment. These tasks will include X, Y and Z. The Participant will then perform

these tasks a number of times to demonstrate their understanding.”

how the Participant can demonstrate their suitability for a subsequent paid position with the

Host Organisation.

any training, formal or informal, that will be provided to the Participant during the Placement.

the level of supervision that will be provided to the Participant .

acknowledgement that this Work Plan does not contravene any State or Territory legislative

requirements. Please refer to the Fairwork web site for more information.

any other relevant information.

General terms and conditions: Preliminary

1. Before this National Work Experience Programme Agreement (Agreement) is signed, the

Provider must be satisfied that the Placement, Host Organisation and Participant (as detailed

above) meet the relevant requirements as set out in the National Work Experience Programme

Guidelines.

Purpose

2. The Provider, Host Organisation and the Participant acknowledge that the purpose of the

Placement is to give the Participant the opportunity to gain on-the-job experience in a work-like

environment prior to a possible offer of subsequent paid employment.

3. The Host Organisation has fully informed itself on all relevant aspects of the Provider’s

requirements for managing the Placement, including the age of the Participant, hourly

requirements and duration of Activity.

4. The Host Organisation has agreed to host the Placement on the terms set out in this Agreement.

5. The Provider has agreed to accept the Host Organisation’s offer to host a Placement on the

terms and conditions set out in this Agreement.

6. The Participant agrees to participate in the Placement on the terms set out in this Agreement,

including the agreed Work Plan.

http://www.fairwork.gov.au/pay/unpaid-work


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Term

7. This Agreement commences on [*insert commencement date] and, unless terminated earlier,

ends on [*insert end date].

8. The Provider or the Host Organisation may terminate this Agreement at any time, including

where the Participant is offered paid employment or where the Department of Social Services

(the Department) terminates the Placement.

Placement

9. The Parties agree that the Placement must not exceed a maximum of four weeks duration and

must not exceed a maximum of 25 hours participation per week.

10. Where the relevant paid employment opportunity is short-term (e.g. less than 6 months in

duration), Placements should be for less than the maximum four weeks.

11. The Host Organisation confirms that the Placement does not, in whole or in part, involve work

which would have been undertaken by a paid worker if the Placement had not taken place.

12. The Parties agree that the Placement must not be used to displace a paid worker or reduce any

paid worker’s hours of work, including casual or part-time workers.

13. The Host Organisation confirms it has not downsized its workforce in the previous 12 months

(that is, through redundancies or termination). If the Host Organisation downsizes its workforce

during the Placement, the Parties agree that the Placement will be immediately terminated.

14. The Host Organisation must not use the Placement as a stop-gap measure while it is undertaking

recruitment exercises or as a way of meeting ad-hoc needs in lieu of creating paid employment

opportunities.

Status of Participant

15. The Parties acknowledge that the Participant is not an employee of the Host Organisation and

must not be paid by the Host Organisation during the Placement period.

Work health and safety

16. The Host Organisation must comply with all work health and safety requirements relevant to the

jurisdiction in which the Placement occurs.

17. The Provider confirms that it has conducted a risk assessment, of both the Placement and the

Participant with regard to the Participant’s participation in the Placement, to identify potential

risks and hazards associated with the proposed work and to identify if the Placement is suitable

for the Participant.

18. At the commencement and throughout the Placement, the Provider must:

examine the relevant risk assessment to ensure that the Placement is appropriate for the (a)

Participant, with regard to their health and safety, taking into consideration any relevant

circumstances and work restrictions; and


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ensure that any required actions, identified in the relevant risk assessment, have been (b)

undertaken.

19. The Host Organisation must make appropriate facilities (such as toilets and access to drinking

water) available to the Participant for the duration of the Placement.

20. The Host Organisation and/or Provider must ensure that the Participant is provided with all

things necessary to undertake the National Work Experience Programme Placement safely,

including but not limited to, appropriate training and supervision, personal protective equipment

and clothing where relevant.

21. The Parties confirm that the Participant has been advised of the process for reporting any work

health and safety issues regarding the Placement.

22. The Host Organisation must notify the Provider as soon as possible, and within 24 hours, of any

incident involving the Placement for the Provider to action, including:

any accident, injury or death occurring during, or as a result of, the Placement, including (a)

in relation to the Participant or a member of the public; and

any incident which relates to a work, health and safety issue. (b)

Supervision of Participant

23. The Provider and Host Organisation must ensure that:

all Supervisors and Personnel involved in this Placement are fit and proper persons, have (a)

a high level of skills, knowledge, training and/or experience in the part of the Activity in

which they are engaged;

have a high level of training and experience in working with, training and supervising (b)

persons in the Activity; and

all relevant checks have been conducted on Supervisors and Personnel as required under (c)

the Guidelines and the Supervisors and Personnel have met any additional statutory

requirements (including under state and territory law), prior to being given responsibility

for the Supervision of the Participant.

24. The Host Organisation must provide adequate and appropriate supervision for the Placement so

as to ensure that the Participant is undertaking appropriate tasks and operating in a healthy and

safe environment.

25. Where the Placement involves people from vulnerable cohorts, the Host Organisation must

provide continuous supervision over the entire duration of the Placement.

26. The Host Organisation must ensure that Supervisors notify the Provider of the Participant’s non-

attendance at the Placement, or any other non-compliance with the Activity, as soon as practicable, but

not later than at the end of the relevant working week.


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Privacy Statement

The personal information in this Agreement is collected for the purpose of facilitating a Placement and related activities. It will not be used or disclosed for any other purpose, unless you have agreed or it is otherwise permitted under the Privacy Act 1988 (Privacy Act), including where the use or disclosure is required or authorised by law. If you do not provide your personal information you will not be able to participate in the National Work Experience Programme. The Department’s Privacy Policy contains more information about the way it manages personal information, including information about how you may access your personal information held by the Department and seek correction of such information. The Privacy Policy also contains information on how you can complain about a breach of the Privacy Act or the Australian Privacy Principles and how the Department will deal with such complaints. A copy of the Department’s Privacy Policy can be found at on the Department's web site or by requesting a copy from the Department at [email protected]. In addition, in signing this Agreement, the Host Organisation acknowledges that it may be contacted by the Department or Providers on matters relating to the Placement, including but not limited to compliance with and/or promotion of the National Work Experience Programme. Freedom of Information Documents in the possession of the Department and its contracted service providers may be subject to disclosure in response to a request made under the Freedom of Information Act 1982 (FOI Act). There are a number of exceptions to release and, where appropriate, the Department will consult with affected individuals or organisations prior to making a decision on access to documents.

http://www.dss.gov.au/privacy-policy

mailto:[email protected]


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Declaration and execution of Agreement by Provider: By signing the below, I declare that:

I am duly authorised by the Provider to sign this declaration and Agreement;

I agree to all the terms and conditions specified in the Agreement; and

I have read and understood the National Work Experience Programme Guidelines.

Signature: Date:

Name:

Position

Declaration and execution of Agreement by Host Organisation:

By signing the below, I declare that:

I am duly authorised by the Host Organisation to sign this declaration and Agreement;

I confirm that, following the Placement, there is the likelihood of paid employment for the Participant;

I acknowledge and agree that the Participant cannot be compelled to participate in the Placement outside of

the terms of this Agreement, including as outlined in the Work Plan detailed above;

I understand that if the Host Organisation is found to have misused the Placement, the Department can

prohibit further access to the National Work Experience Programme; and

I agree to all the terms and conditions specified in this Agreement.

Signature: Date:

Name:

Position

Declaration and execution of Agreement by Participant:

By signing the below, I declare that:

I am 18 years of age or over;

I agree to participate in the Placement as per the Work Plan set out in this Agreement;

I understand that the Host Organisation is not required to offer me a paid employment position following

my participation in the Placement; and

I agree to all the terms and conditions specified in this Agreement.

Signature: Date:

Name:

Position