DOCUMENT 1 | FOI 25/26-1812

Deed of Variation

Parties

This Deed is made between and binds the following Parties:

and

Recitals

A. The NDIA and the Partner entered into an agreement on 5 April 2023 (Agreement) in relation to the NDIS Partners in the Community Program for Early Childhood Partner Services for the Service Areas of Southern Melbourne, Outer Gippsland, Western District, Inner Eastern Melbourne, Inner Gippsland, and Outer Eastern Melbourne and Local Area Coordination Services for the Service Areas of South Eastern Sydney, Outer Gippsland, Southern Melbourne, Barwon, Inner East Melbourne, Inner Gippsland, Outer East Melbourne, Ovens Murray and Western District.

B. By a deed of variation dated 28 November 2023, the Parties agreed to vary the Agreement to accommodate a delay in the rollout of the NDIA’s new ‘Participants, Platforms and Processes’ initiative (3P) and to further prepare for its commencement.

C. The Agreement is due to expire on 30 June 2025 and the Parties wish to extend the Activity Period and therefore the term of the Agreement to 30 June 2027.

D. The Parties agree to extend and amend the Agreement, on the terms and conditions of this Deed.

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Operative provisions

In consideration of the mutual promises contained in this Deed, the Parties agree as follows:

1. Interpretation

1.1. In this Deed, unless the contrary intention appears:

a) words importing a gender include any other gender;

b) words in the singular include the plural and words in the plural include the singular;

c) clause headings are for convenient reference only and have no effect in limiting or extending the language of provisions to which they refer;

d) words importing a person include a partnership and a body whether corporate or otherwise;

e) a reference to dollars is a reference to Australian dollars;

f) a reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision;

g) if any word or phrase is given a defined meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning;

h) the Schedule forms part of this Deed;

i) if any conflict arises between the terms and conditions of this Deed and any part of the Schedule, the terms and conditions of this Deed prevail;

j) a reference to writing is a reference to any representation of words, figures or symbols, whether or not in a visible form;

k) wherever the context permits, a reference to a Party to this Deed includes a reference to their respective successors in title or assignees;

l) a covenant on the part of two or more persons binds them jointly and severally and a covenant for the benefit of two or more persons is for the benefit of them jointly and severally; and

m) in the interpretation of this Deed, no rules of construction apply to the disadvantage of any Party on the basis that it put forward this Deed.

2. Guidance on construction of Deed

2.1. As far as possible, all provisions of this Deed will be construed so as not to be void or otherwise unenforceable.

2.2. If anything in this Deed is void or otherwise unenforceable, then it will be severed and the rest of this Deed remains in force.

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2.3. In the event of conflict between this Deed and the Agreement, the provisions of this Deed prevail.

3. Defined Terms

3.1. In this Deed, unless the contrary intention indicates otherwise:

a) terms used in this Deed that are not defined below and are defined in the Agreement have the same meaning as in the Agreement; and

b) a term in bold type has the meaning shown opposite it.

4. Commencement

4.1. The terms of this Deed apply on and from 30 June 2025.

5. Extension

5.1. At item 3.2 of the Agreement Grant Schedule, the NDIA has an Option to extend the Activity Period for the Service Areas under the Agreement for an additional term of 12 months. Notwithstanding item 3.2 of the Agreement Grant Schedule and subject to clause 6 of this Deed, the Parties have agreed to extend the Activity Period for 2 years on and from the current Activity End Date, to expire on 30 June 2027.

6. Amendment of the Agreement

6.1. With effect on and from 1 July 2025, the Agreement is amended in accordance with the amendments in Schedule 1.

6.2. The Parties agree that, with effect on and from 1 July 2025, they will be bound by the terms of the consolidated version of the Amended Agreement at Schedule 2 (which also incorporates all previous variations to the Agreement referred to in Recital B).

7. Costs

7.1. Each Party will bear its own costs and expenses (including legal costs) arising out of and incidental to the negotiation, preparation, execution and delivery of this Deed.

8. Entire agreement and variation

8.1. The Parties confirm that, subject only to the amendments contained in this Deed, the Agreement remains in full force and effect and is to be read and construed and be enforceable as if the terms of this Deed were supplemental to the Agreement.

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8.2. This Deed and the Agreement, when read together, contain the entire agreement of the Parties with respect to the Parties’ rights and obligations under the Agreement and supersede all prior understandings and representations between the Parties with respect to the Parties’ rights and obligations under the Agreement.

8.3. Each Party will take such steps, execute all such documents, and do all such acts and things as may be reasonably required by the other Party to give effect to any of the transactions contemplated by this Deed.

8.4. The provisions of this Deed will not be varied either in law or in equity except in writing signed by the Parties.

9. Applicable law

9.1. This Deed is to be construed in accordance with, and any matter related to it is to be governed by, the law of Victoria.

9.2. The Parties submit to the jurisdiction of the courts of Victoria.

10. Counterparts

10.1. This Deed may be executed in any number of counterparts, each of which when executed and delivered to the other Party will be deemed an original.

10.2. Together, all counterparts will constitute the same Deed.

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Executed as a deed

NDIA

SIGNED, SEALED AND DELIVERED for and on behalf of the National Disability Insurance Agency ABN 25 617 475 104 by:

In the presence of:

Partner

SIGNED, SEALED AND DELIVERED in accordance with the requirements of section 127 of the Corporations Act 2001 (Cth) by:

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Schedule 1

1. In accordance with clause 6.1 of this Deed and with effect on and from 1 July 2025, the Agreement is amended as follows:

1.1. all:

(a) corrections to spelling errors are made;

(b) changes in formatting and numbering are made for consistency and accessibility;

(c) corrections to incorrect clause cross-references are made; and

(d) additional alternative text to convey the meaning of tables is inserted, throughout, as reflected in the Amended Agreement at Schedule 2;

1.2. subject to clause 1.3 below, after each reference to a website address, the following words are inserted:

“as updated from time to time”

1.3. references to website addresses that no longer exist are deleted in their entirety;

1.4. subject to clause 1.5 below, all references to “community and mainstream”, “mainstream and community”, “community and mainstream supports” and “mainstream and community supports” are deleted and replaced with the words:

“community, mainstream and Foundational Supports”

1.5. all references to “community and Mainstream Service”, “community and Mainstream Services”, “community and mainstream services”, “mainstream and community services”, “mainstream and community supports and services” or “community and mainstream services and supports” are deleted and replaced with the words:

“community, Mainstream Services and Foundational Supports”

1.6. clause 2.4 (Defined Terms) is amended as follows:

(a) the following new definitions are inserted:

  “Australian Signals Directorate’s Australian Cyber Security Centre means the Australian Government’s technical authority on cyber security, or its successor.”

  “Foundational Supports means additional supports for people with disability, their families and carers, separate to Mainstream Services and the NDIS. Foundational Supports are proposed to be established in response to the NDIS Review, will be provided by the Department of Social Services and are expected to become progressively available to people with disability, their families and carers.”

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“NDIS Review means the independent review of the NDIS announced in October 2022 and referred to in Attachment 2, Statement of Requirements, clause 1.1(h).”

(b) the definition of “CERT Australia” is deleted.

1.7. at clause 40.5(e) the reference to “CERT Australia” is deleted and replaced with:

“Australian Signals Directorate’s Australian Cyber Security Centre”;

1.8. at clause 52.4, the reference to “and Table 4” is deleted;

1.9. clause 52.6 is deleted in its entirety and replaced with the following:

“52.6 The NDIA expressly reserves its right to determine whether to exercise the option granted under clause 52.2 of the Grant Agreement in its absolute discretion. The parties acknowledge and agree that the Additional Transition Funds set out at item 4 of Annexure A to the Grant Schedule and the expected Participant volumes for the final quarter of the Financial Year 2026-27, do not in any way limit or affect the NDIA’s absolute discretion to determine whether to require the Partner to deliver the Services as described in clauses 6-9E and clauses 11-19 of the SOR for the Transition Out Period.”

1.10. clauses 62.8-62.9 are deleted in their entirety and replaced with the following clauses 62.8-62.11:

“62.8 The Partner acknowledges the need for the Services to evolve during the Activity Period, and the need for flexibility in the delivery of Functions under this Grant Agreement, as the NDIA implements key NDIS Review reforms.

62.9 Without limiting clause 62.1 and notwithstanding clauses 62.2-62.8, the Parties agree the NDIA may, following prior notice and consultation with the Partner, issue the Partner with a notice:

  (a) reducing the frequency and volume of certain Functions; and
  (b) increasing the frequency and volume of other Functions, by the equivalent Work Effort amount.

62.10 If the NDIA gives the Partner a notice under clause 62.9, the Partner will perform the Functions at the frequencies and volumes set out in the notice, instead of the forecast volumes set out in Part B and Part C of the Statement of Requirements, for the period specified in the notice.

62.11 The NDIA may issue more than one notice under clause 62.9.”

1.11. Attachment 1, Grant Schedule, is amended as follows:

(a) at Item 1 - Grant Details, the text in the column next to ‘NDIA Executive Representative’, ‘Partner Representative and address for Notices’ and ‘Partner Executive Representative’ is deleted and replaced with the following text, respectively:

  “Name: Miriam Slattery

  Position: General Manager, Partners Division
  Phone: `redacted: s47F - personal privacy`

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Email: miriam.slattery@ndis.gov.au

Postal Address: National Disability Insurance Agency, GPO Box 700, Canberra, ACT 2601”

“Name: Vince Massaro

Position: Executive Director NDIS & Assessment Services Phone: redacted: s47F - personal privacy Email: redacted: s47F - personal privacy

Postal Address: PO Box 960, Morwell VIC 3840”

“Name: Vince Massaro

Position: Executive Director NDIS & Assessment Services Phone: redacted: s47F - personal privacy Email: redacted: s47F - personal privacy

Postal Address: PO Box 960, Morwell VIC 3840”

(b) at item 3.1, delete all references to:

i) “2025” and replace with “2027”

ii) “subject to item 3.2 of this Grant Schedule,”

(c) items 3.2-3.7 are deleted in their entirety.

(d) after clause 4.1(b) add the following new clauses 4.1(c)-(k), as follow:

“And EC Services comprising:

(c) Function 1: Community Capacity Building;

(d) Function 2: Individual Capacity Building;

(e) Function 3: Information Provision;

(f) Function 4: Connecting to Supports;

(g) Function 5: Assessment and Information Gathering;

(h) Function 6: Developing Goals and Aspirations;

(i) Function 7: Monitoring and Check-ins;

(j) Function 8: Scheme Access Support; and

(k) Function 9: NDIS Plan Budget Development.”

(e) in Table 2 – Reports, delete the text in the column titled “Date Due” for the rows with the following reports: “Financial Report”; “Asset Register” and

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“Reports on Disability and Culturally Inclusive Employment Strategy” and replace with the following text respectively:

(i) “Unaudited Financial Acquittal Reports no later than 10 Business Days following the end of each quarter, except for the quarter ended 31 December which will be due no later than 15 Business Days following the end of this quarter.

Audited financial acquittal reports must be received no later than 4 months following the end of the relevant financial year (or part of it) that is covered by the Activity.”

(ii) “No later than 10 Business Days following the end of each quarter, except for the quarter ended 31 December which will be due no later than 15 Business Days following the end of this quarter.”

(iii) “No later than 10 Business Days following the end of each quarter, except for the quarter ended 31 December which will be due no later than 15 Business Days following the end of this quarter.”

(f) in Table 2 – Reports, insert the following 2 rows:

(g) In Table 2- Reports, delete the text in the column titled “Report” for “Community Capacity Building Plan” and replace with the following text:

“Community Capacity Building Plan (LAC Services only from 1 July 2025)”

1.12. Annexure A, Grant Payments, is amended as follows:

(a) the tables at item 1.1 are deleted in their entirety are replaced with the following tables:

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Total Grant Amount for Financial Year LAC & EC

(b) at item 1.2, the reference to “and Table 4” is deleted.

(c) at item 1.3, under the heading “Table 1 – Establishment Funds and Service Delivery Funds” the tables are deleted in their entirety and replaced with the following tables:

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(b) Outer Gippsland – LAC

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(c) Southern Melbourne – LAC

(d) Barwon – LAC

(e) Inner East Melbourne – LAC

(f) Inner Gippsland – LAC

(g) Outer East Melbourne – LAC

(h) Ovens Murray – LAC

(i) Western District – LAC

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1.13. Attachment 2, Statement of Requirements is amended as follows:

(a) Clause 1.1(g) is deleted in its entirety and replaced with the following:

“1.1(g) Throughout the life of this Grant Agreement, the NDIA and the Partner will work collaboratively to develop and improve the NDIS Partners in the Community Services, including by adapting the delivery of Services to meet evolving needs.”

(b) after clause 1.1(g), insert new clauses 1.1(h)-(i) as follows:

(h) An independent review into the National Disability Insurance Scheme (NDIS Review) was completed in 2023. The NDIS Review recommended key changes to improve the NDIS, including development of a unified system of support for people with disability, and markets and support systems that empower people with disability.

In response to the NDIS Review, the NDIA will work with people with disability to implement key reforms.

(i) The Partner acknowledges the need for Services to evolve during the Activity Period, and the need for flexibility in the delivery of functions under this Grant Agreement, as the NDIA implements key reforms. The Partner acknowledges that the volume of Services required, the timing for Service delivery, the manner in which the Services are to be delivered as the participant pathway evolves, and the NDIS Partners in the Community Services to be delivered by the Partner under this Grant Agreement, may change over time.”

(c) after clause 1.10(h), insert a new clause 1.10(i) as follows:

(g) clause 3.9(c) is deleted in its entirety and replaced with the following sub- clauses (c)-(d):

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(h) after clause 4.5(o), insert new clauses 4.5(p)-(s) as follows:

“Change of Coordinator

(p) The Partner must implement and maintain a process for receiving and addressing requests for change of individual Coordinator within the Partner organisation.

(q) The Partner must advise Clients, Participants and their families and carers, of the option to change their individual Coordinator within the Partner organisation.

(r) The process must be reasonably available on the Partner’s premises to any person interacting with the Partner and on the Partner’s website.

(s) Where requested, the Partner will use best endeavours to, wherever possible, match Clients or Participants, and their families and carers, to individual Coordinators that align with Clients’, Participants’ and their families’ and carers’ preferences. This may include, but is not limited to, consideration of cultural background and disability specific experience.”

(j) Before clause 11.1(a), insert the following new sub-clauses (a)-(c), and existing sub-clauses (a)-(c) are renumbered as sub-clauses (d)-(f):

“11.1 Overview

(a) From 1 July 2025, Community Capacity Building is not an EC function to be delivered by the Partner.

(b) Notwithstanding clause 11.1(a), following prior notice and consultation with the Partner and having regard to the Partner’s operational capacity, the NDIA may allocate community capacity building activities to the Partner as a work item.

(c) If the NDIA allocates community capacity building activities as a work item under this clause, then:

(i) clauses 11.2 and 11.3 apply;

(ii) the Partner will be required to work flexibly in accordance with clause 62.8 of the Grant Agreement.”

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(l) the estimated volumes for 1 July 2025 to 30 June 2027 at ‘Annexure A – Latrobe Community Health Service (Grant Agreement) – LAC – Volumes’ and terminology at ‘Annexure C – LAC Terminology applicable from 1 July 2025’ to this Deed, are inserted at the end of Part B – ‘Service Areas, Participant Volumes and Remote and Very Remote Areas’.

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1.1

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Table 3 Balanced Scorecard Metrics and Targets for Local Area Coordination (LAC) Partners

Annexure A – Latrobe Community Health Service (Grant Agreement) – LAC – Volumes (attached)

Annexure B – Latrobe Community Health Service (Grant Agreement) – EC – Volumes (attached)

Annexure C – LAC Terminology applicable from 1 July 2025

• have an active Plan, and
• were aged 9 or more years of age at the month end date | | Community Capacity Building (hours) | LAC Partners build an understanding of their communities and the diversity that is within them.

LACs engage with communities, share information and build and strengthen connections between people with disability and their community.

LAC Partners conduct community capacity building activities that enable communities to be more responsive to the needs of people with disability. They help communities remove barriers to inclusion and participation through awareness of the diverse needs and experiences of people with disability in their community. | The number of hours of Community Capacity Building activity provided during the month. | | General Information Provision (hours) | LAC Partners assist people with disability to access accurate, timely and accessible information, | The number of hours of General Information Provision provided during the month. This is based on |

People at this stage could be new to the NDIS or have had an experience within the disability sector. If the person is likely to benefit from additional support, LAC Partners will support to build the person’s capacity to find information and link to local community and mainstream supports and services.

Where appropriate, the person’s story, their goals, and current informal, community and mainstream supports will be documented in a plan for the person.

The outcome of Community Connections and Support | Volumes are presented for the month of completion of this activity. This is based on expected intake for people with disability that are unlikely to require funded supports, and for people with disability who go onto become a participant, across the General, Supported, Intensive and Super Intensive streams. |

1. they have been appropriately supported by the Partner to get the information they need and make connections that meet their needs; or

2. they wish to test their eligibility for the NDIS and receive Scheme Access Support. | | | Scheme Access Support | LAC Partners assist, where appropriate, people with disability to understand the NDIS access criteria and process and will work alongside them to help test their eligibility for the NDIS.

People who present at this stage may have already interacted with the Scheme or the Partner. They may have received Information Provision or Community Connections and Supports, and the LAC Partner has determined they are likely to meet the Scheme’s eligibility requirements. Alternatively, the person may decide that they would like to apply for the NDIS and would like the LAC Partner to support them to do this. | Volumes are presented for the month of completion of this activity.

Volumes are based on expected intake for people with disability who go on to become a participant across the General, Supported, Intensive and Super Intensive streams. |

The plan implementation meeting occurs after the approval of a plan including both first plans and plan reassessments or variations.

LAC Partners explain to NDIS Participants how they can use their NDIS plan to access supports and services they need to work towards their goals. This includes how to make best use of the reasonable and necessary funded supports in their NDIS plan and how it | Volumes are presented for the month of completion for implementation.

This includes implementation for participants streamed as General and Supported.

An implementation meeting is allocated for 100% of first plans. Plan reassessments and plan variations have an assumed take-up rate of 50%, based on current acceptance of plan implementation meetings. |

The Plan Implementation meeting occurs after the approval of a NDIS plan at both first plans and plan reassessments or variations. | | | Check-Ins | LAC Partners check-in with NDIS Participants to support the review of goal progress, plan utilisation, on-going Scheme eligibility and/or identification of any changes in circumstances that may require a variation of their NDIS plan.

Check-Ins may be scheduled (prior to the end of funded supports) or unscheduled as initiated by the Agency or by the participant. | Volumes are presented for the month of completion of this activity. This is derived by applying the annual check-in frequency to 1/12 of ongoing Participants at month end.

The volumes assume 1.25 check-ins per annum for participants streamed General and Supported. | | Information Gathering for Plan Reassessments (additional effort) | LAC Partners offer support to NDIS Participants that may need to make changes to their plan. They support NDIS Participants to gather information ahead of plan reassessments conducted by the NDIA. | Volumes are presented for the month of completion of this activity. Partner work effort is allocated for information gathering for plan reassessments for this volumes category. |

Plan reassessments can either be scheduled, as per a set date in the NDIA business system, or unscheduled, which can be conducted by the NDIA or at the request of the participant whereby the NDIA has accepted the request. | This volumes category represents the total volume of plan reassessments and is inclusive of the volumes in “Information Gathering for Plan Reassessment (additional effort)”.

Partner work effort associated with plan variations and no plan change are reflected in check-ins, ongoing implementation support and plan implementation (plan variation only) volume categories. | | Ongoing implementation support | LAC Partners support NDIS Participants with ongoing support to use and manage their NDIS plan.

Ongoing Participant Support occurs over the life of the NDIS plan and includes responding to NDIS Participant enquiries and | Volumes reflect the number of participants for which ongoing Plan implementation support is provided during the month.

Volumes are presented for the month of completion of this activity. This is based on |

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Schedule 2

(Consolidated Amended Agreement attached.)