Agency partners, contractors and delegates

Application. This section applies, in addition to the duties that otherwise apply to them under this Code, to every Partner in the Community, contractor, subcontractor, delegate and any other person or entity authorised, engaged or funded to perform an Agency function under clause 1.1.4.

Written authority required. A person or entity must not perform an Agency function unless the function, its scope and any conditions are set out in a written instrument of delegation, contract, funding agreement, deed or other authorisation. An act or decision outside the scope of that written authority does not bind the Agency and must be identified and corrected on discovery, at no cost or disadvantage to the person affected.

Personal and genuine exercise of a delegated decision. A delegate exercising a statutory power or function must personally turn their mind to the decision, consider the material actually before them, and reach their own genuine state of satisfaction. A delegate must not adopt a recommendation, script, template or automated output as the decision without that personal consideration.

Competence, screening and resourcing. The Agency must not authorise, and must not continue to authorise, a Partner in the Community, contractor or delegate to perform an Agency function unless satisfied, on an ongoing basis, that the person or entity:

1. holds the training, disability awareness, cultural competence and any screening or qualification the function requires;

2. has the capacity, workload and resourcing to comply with this Code; and

3. is subject to Agency oversight, quality monitoring and a defined path by which the person affected can escalate to the Agency directly.

Same standard, not a lesser one. A Partner in the Community, contractor or delegate is bound by this Code to the same extent as an Agency employee performing the same function. A person must not receive a lower standard of service, a slower response, less accessible communication or a less accountable process because their matter is handled by a partner, contractor or delegate rather than directly by the Agency.

Continuity of access. Engaging a Partner in the Community or contractor to perform an ongoing function, including local area coordination or early childhood partner support, must not leave a person without timely, continuous access to that function. Where a partner or contractor becomes unresponsive, disengaged or unable to continue, the Agency must identify this and provide or restore direct or alternative access, without waiting for the person to raise it.

Records, evidence and continuity of the file. A Partner in the Community, contractor or delegate must promptly record and forward to the Agency any information, document or evidence a person provides, for the purpose it was provided. A failure to do so is not the fault of the person affected: on discovery, the Agency must treat the material as having been provided when the person first gave it to the partner, contractor or delegate, correct any resulting decision, and restore a deadline, priority or entitlement affected by the failure.

No misuse of delegated or contracted authority. A Partner in the Community, contractor or delegate must not use funding, planning, review, access-restriction or gatekeeping authority to penalise, discourage or retaliate against a person for self-advocacy, making a complaint, seeking a second opinion, using an advocate or support person, or contacting the Agency directly.

Identifiable decision-maker. A person is entitled to be told, on request, the name or a role-based identifier, and the source and scope of authority, of the specific delegate or worker who made, or is responsible for, a decision or service interaction affecting them.

Monitoring and consequence for systemic failure. The Agency must monitor the performance of each Partner in the Community, contractor and delegate arrangement against this Code, using information that includes complaints, review outcomes and, where available, the person’s own feedback. A pattern of noncompliant or substandard service by a partner, contractor or delegate must trigger a review of that arrangement, not only a response to the individual matter.

Continuity through change. Ending, varying, transferring or re-tendering a partner or contractor arrangement does not extinguish a person’s accrued rights, in-progress matter or entitlement to continuity of support under this Code. The Agency must ensure an orderly transfer of the person’s file, current supports and any outstanding action.