992523 / 368171/00
Provider No. / Contract No.
Agreement
between
HER MAJESTY THE QUEEN IN RIGHT OF HER
GOVERNMENT IN NEW ZEALAND
(acting by and through the Ministry of Health)
Private Bag 92522
PO Box 1031
PO Box 5013
Wellesley Street
Waikato Mail Centre
Lambton Quay
Auckland 1141
Hamilton 3240
Wellington 6140
Ph: 09-580 9000
Ph: 07-858 7000
Ph: 04-496 2000
PO Box 3877
Private Bag 1942
Christchurch
Dunedin 9058
Ph: 03-974 2040
Ph: 03-474 8040
Contact:
9(2)(g)(ii)
and
InsideOUT Koaro
under the Official Information Act 1982
Rainbow Competency Training
607A Marine Drive
Days Bay
Lower Hutt
Wellington 5013
Released
Contact:
9(2)(g)(ii)
InsideOUT Koaro
992523 / 368171/00
CONTENTS OF THIS AGREEMENT
PART 1
HEAD AGREEMENT
Section A
Summary
PART 2
GENERAL TERMS
Section B
Standard Conditions of Contract (SCC)
Section C
Provider Quality Specifications (PQS)
Section D
Standard Information Specifications (SIS)
PART 3
SERVICE SCHEDULES
Section E
Provider Specific Terms and Conditions
Section F
Service Specification
under the Official Information Act 1982
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A:
SUMMARY
A1
Agreement to Purchase and Provide Services
A1.1
We agree to purchase and you agree to provide services on the terms and conditions set out
in the Agreement.
A1.2
The Agreement means all documents included in Part 1 (this document, to be referred to as
the Head Agreement), together with Parts 2 and 3 (the documents listed in the Agreement
Summary below).
A1.3
The Agreement sets out the entire agreement and understanding between us and
supersedes all prior oral or written agreements or arrangements relating to its subject matter.
A2
Duration of the Agreement, and Components of the Agreement
A2.1
Part 2 (the General Terms) will apply for the period specified in the Agreement Summary
below, or until terminated in accordance with the Agreement, subject to any rights to review,
extend, vary or terminate any of these documents in accordance with the terms of this
Agreement.
A2.2
Each Service Schedule will apply for the period specified in Part 3, and shown in the
Agreement Summary below, subject to any rights to review, extend, vary or terminate any of
these documents in accordance with the terms of this Agreement.
A2.3
The Agreement will automatically terminate upon the expiry of all Service Schedules in Part
3. Notwithstanding any end date given in Part 2 (the General Terms) the terms and
conditions of Part 2, including the right to terminate the Agreement of any part of the
Agreement, Part 2 (the General Terms) will be deemed to continue as long as there is one or
more active Service Schedule in Part 3.
A3
Relative Priorities of the Component Parts of the Agreement
A3.1
In the event of any conflict between the terms of the Provider Specific Terms and Conditions
within Part 3 (Service Schedules) and any other part of the Agreement, the terms of the
under the Official Information Act 1982
Provider Specific Terms and Conditions within Part 3 (Service Schedules) will have priority.
A3.2
In the event of any conflict between the terms of Part 2 (the General Terms) and Part 3 (the
Service Schedules), the terms of the Service Schedules will have priority.
A3.3
In the event of any conflict between the terms of Section B (the Standard Conditions of
Contract) and Section E (the Provider Type Terms and Conditions), the terms of Section E
(the Provider Type Terms and Conditions) will have priority.
A4
Enforceability of the Agreement, and its Component Parts
Released
A4.1
If any provision in any of the documents listed in the Agreement Summary below is lawfully
held to be illegal, unenforceable or invalid, the determination will not affect the remainder of
the relevant document or the Agreement, which will remain in force.
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A4.2
If an entire document listed in the Agreement Summary below is lawfully held to be illegal,
unenforceable or invalid, the determination will not affect any other documents listed in the
summary or the Agreement, which will remain in force.
A4.3
If any provision in any of the documents or an entire document listed in the Agreement
Summary below is held to be illegal, unenforceable or invalid, then we agree to take such
steps or make such modifications to the provision or document as are necessary to ensure
that it is made legal, enforceable or valid. This is in addition to and not in substitution of our
rights to give notice of the terms and conditions on which we will make payments to you
pursuant to section 51 of the Health and Disability Services Act 1993 or otherwise.
A4.4
The above provisions with respect to illegality, unenforceability or invalidity are not to affect
any rights validly to terminate any of the documents in the above schedule or the Agreement
as a whole in accordance with the terms of the Agreement or otherwise.
A5
Agreement Summary
A5.1
This section lists all documents included in The Agreement. The Agreement comes into
effect from the commencement date identified in Part 1 below. This summary will be
updated, by a contract variation, whenever there is a change to this list.
A6
Part 1 – The Head Agreement
Document
Commencement Date
This document
1 June 2021
A7
Part 2 – The General Terms
Document
Document
Commencement
End Date, if
Version No.
Date
specified
Conditions of Contract
1.0
1 June 2021
30 June 2025
Provider Quality Specifications
1.0
1 June 2021
30 June 2025
Standard Information Specifications
1.0
1 June 2021
30 June 2025
Provider Type Terms and Conditions
1.0
1 June 2021
30 June 2025
A8
Part 3 - The Service Schedules
Service Schedule(s)
Reference/
Commencement
End date
Version No.
Date
HWMHA Mental Health and Addictions
1.0
1 June 2021
30 June 2025
Workforce Development
under the Official Information Act 1982
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A9
Signatures
Please confirm your acceptance of the Agreement by signing where indicated below.
For
HER MAJESTY THE QUEEN In Right Of
For
InsideOUT Koaro:
Her Government In New Zealand (acting by
and through the Ministry of Health)
9(2)(g)(ii)
9(2)(g)(ii)
(signature)
(signature)
Na
Na
Position:
Manager Health Workforce Commissioning Po
Date:
15/06/2021
Date: 11/06/21
under the Official Information Act 1982
Released
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PART 2: GENERAL TERMS
2. 01
This Part 2 contains all of the parts of the Head Contract, as listed in the Contract
Agreement (Agreement Summary).
2. 02
Each of the documents in Part 2 (the Head Contract) form part of the Agreement
between us, as defined in the Contract Agreement or in a subsequent Variation to the
Contract Agreement, as applicable.
2. 03
Section B -the Standard Conditions of Contract set out the conditions on which our
relationship with all our providers is based.
2. 04
Section C -the Provider Quality Specification (PQS) sets out the minimum quality of service
required of all our providers. Where appropriate, the PQS also requires providers to meet
the Health and Disability Services Standards 2008. The PQS applies to all Services
provided under the Agreement. More detailed and service specific quality requirements are
included in the Service Schedules.
2. 05
Section D -the Standard Information Specifications (SIS) sets out information management
principles required of all our providers. The SIS applies to all Services provided under the
Agreement. More detailed and service specific information requirements are included in the
Service Schedules.
under the Official Information Act 1982
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B: STANDARD CONDITIONS OF CONTRACT
INTRODUCTION
B1
Standard Conditions
B1.1
Any Agreement you enter into with us will be deemed to include the following Standard
Conditions.
B1.2
If however any other terms in the Agreement directly conflict with these Standard Conditions,
the other terms will have priority.
B1.3
There is a glossary at the back of these Standard Conditions setting out definitions,
interpretations and terms used.
B2
Māori Health
An overarching aim of the health and disability sector is the improvement of Māori health
outcomes and the reduction of Māori health inequalities. You must comply with any:
(a) Māori specific service requirements;
(b) Māori specific quality requirements; and
(c) Māori specific monitoring requirements
contained in any Service Schedules to this Agreement
B3
Relationship Principles
B3.1
The following values will guide us in all our dealings with each other under the Agreement:
Integrity – we will act towards each other honestly and in good faith.
Good communication – we will listen, talk and engage with each other openly and promptly
including clear and timely written communication.
under the Official Information Act 1982
Enablement – we will seek to enable each other to meet our respective objectives and
commitments to achieve positive outcomes for communities and consumers of health and
disability services.
Trust and co-operation – we will work in a co-operative and constructive manner recognising
each other’s viewpoints and respecting each other’s differences.
Accountability – we will each recognise the accountabilities that each of us have to our
respective and mutual clients and stakeholders.
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Innovation – we will encourage new approaches and creative solutions to achieve positive
outcomes for communities and consumers of health and disability services.
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Quality improvement – we will work co-operatively with each other to achieve quality health
and disability services with positive outcomes for consumers.
B4
Reserved
SERVICE PROVISION
B5
Provision of Services
B5.1
You must provide the Services and conduct your practice or business:
In a prompt, efficient, professional and ethical manner, and
In accordance with all relevant published Strategies issued under the Act; and
In accordance with Our obligations, and
in accordance with all relevant Law; and
from the Commencement Date and then without interruption until the Agreement ends or is
ended in accordance with the Agreement.
B5.2
Nothing in the Agreement gives you an exclusive right to provide the Services.
B6
Payments
B6.1
We will pay you in accordance with the terms of the Agreement.
We will pay you default interest on any payments due to you under the Agreement and in
arrears for more than 14 days.
You must first have given us an invoice completed in the format required and we must have
received it 14 working days before it is due.
“Default interest” means interest at the base rate of our bankers calculated from the due date
for payment to the date of actual payment, plus the rate of 2 per cent per annum.
This clause does not apply to payments due to you in respect of which we have exercised
our right of set off (see clause B6.2).
B6.2
In that case payments may be withheld from the date of non-compliance until such time
compliance occurs.
under the Official Information Act 1982
B7
Cost and Volume Shifting
B7.1
You must not:
a) act in such a way that increases cost to another provider,
b) be party to any arrangement which results in our effectively having to pay more than
once for the supply of the same Services or any component of them,
c) act in such a way that shifts volumes relating to Services being provided separately by
Released you where such volumes have been specifically related to that Service.
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B8
Responsibility for Others
B8.1
You will be responsible for all acts and omissions of your employees, agents and
subcontractors even if they are done without your knowledge or approval.
B9
Other Arrangements
B9.1
You must not enter into any other contract or arrangement which might prejudice your ability
to meet your obligations in the Agreement.
B9.2
You may (subject to your obligations in the Agreement), agree to provide Services for any
other person.
B10
Subcontracting
B10.1
You may not subcontract any of the Services or part of them without our prior written consent
which may not be unreasonably withheld.
B10.2
If we give consent you must comply with any reasonable conditions we impose as part of the
consent.
B11
Transfer of your Rights and Obligations
B11.1
You must not transfer any part of your rights or obligations under the Agreement without our
prior written consent.
QUALITY ASSURANCE
B12
Quality of Services
B12.1
You must comply with the quality requirements set out in the Agreement.
B13
Information and Reports
B13.1
You must comply with the information requirements set out in the Agreement.
B13.2
You must keep and preserve Records and protect the security of them and make them
available to us in accordance with our reasonable instructions.
B13.3
You must take all due care to ensure that in the event of your ceasing to provide the
Services, the Records are properly preserved and transferred to us.
under the Official Information Act 1982
B13.4
You must keep proper business records and promptly complete a balance sheet, statement
of income and expenditure and cashflows in accordance with accepted accountancy
principles at the end of each financial year.
B13.5
We may use any information concerning you:
a) for our own purposes; and
b) for any purposes required by any Minister of the Crown or any Governmental Body.
Released
B13.6
You must report to us in accordance with our reasonable instructions.
B13.7
We may reasonably require you to send reports direct to any Minister of the Crown or any
Governmental Body within a time reasonably fixed by us.
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B14
Appointment of Auditors
B14.1
We may appoint people to Audit, on our behalf, in relation to any of the matters contained in
the Agreement.
B14.2
We will give you prior written notice of the names of the people we have appointed.
B14.3
Both of us must agree to the people we have appointed. You may not refuse where any or
all of those people are suitably qualified and have no demonstrable conflict of interest, but
your refusal may be based on some other good reason.
B14.4
Those people may take copies of any parts of the Records.
B15
Access for Audit
B15.1
You and your sub-contractors must co-operate with us fully and allow us or our authorised
agents, access to:
a) your premises,
b) all premises where your Records are kept,
c) service users and their families,
d) staff, sub-contractors or other personnel used by you in providing the Services,
For the purposes of and during the course of carrying out any Audit.
B15.2
We will ensure that our exercise of access under this clause B15 will not unreasonably
disrupt the provision of the Services to Service Users.
B15.3
Notice of Audit
a) we will give you prior notice of any Audit as agreed in any Audit protocols.
b) If we believe that delay will unnecessarily prejudice the interests of any person, we may
give you notice of our intention to carry out an Audit within 24 hours.
B15.4
Times for Audit
a) Subject to Clause B15.3b an Audit may be carried out at any time during working hours
and at any other reasonable times.
b) You must ensure that the people appointed by us to carry out the Audit have access,
under the Official Information Act 1982
during the hours they are entitled to Audit.
B16
Audit Process
B16.1
Subject to clause B23, in carrying out any Audit we may:
a) Access confidential information about any Service User; and
b) Observe the provision or delivery of the Services; and
Released
c) Interview or follow up Service Users and/or their families; and
d) Interview or follow up any staff, sub-contractors or other personnel used by you in
providing the Services.
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B17
Financial Audit
B17.1
Despite the other provisions in this section B12 (Quality Assurance) we may not inspect your
accounting system or record of your costs of providing the Services.
a) We may, however, appoint as set out in the Agreement, an independent auditor to
Audit;
i.
The correctness of the information you give us; and
ii.
Your calculations of the cost of supplying the Services; and
iii. Your financial position.
b) The auditor:
i.
Must not disclose specific details of your financial position to us; but
ii.
May advise us if he or she considers your financial position may prejudice your
ability to carry out your obligations under the Agreement.
B17.2
We retain the right to Audit under this Section B12 (Quality Assurance) after the Agreement
ends but only to the extent that it is relevant to the period during which the Agreement exists.
B18
Insurance
B18.1
You must immediately take out adequate comprehensive insurance throughout the term of
the agreement covering your practice or business.
B18.2
You must make sure that all the insurance cover always remains in force for the term of the
Agreement or so long thereafter as required for the purposes of the Agreement.
B19
Indemnity
B19.1
You must indemnify us against all claims, damages, penalties or losses (including costs)
which we incur as the result of:
a) Your failing to comply with your obligations in the Agreement; or
b) Any act or omission by you or any person for whom you are responsible.
B20
Complaints
B20.1
You must comply with any standards for the Health sector relating to complaints
under the Official Information Act 1982
B20.2
If there is no such standard applicable to you, then you must implement a complaints
procedure in accordance with the terms of the Agreement.
B21
Complaints Body
B21.1
You must at all reasonable times co-operate with any Complaints Body and comply with its
reasonable requirements.
B21.2
We will advise a Complaints Body of any complaints we receive about you if we believe it is
Released
appropriate to do so.
B21.3
We will give you reasonable assistance when we can in respect of any complaints made to
the Privacy Commissioner which involve both of us.
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B22
Warranties
B22.1
You warrant to us that:
a) All material information given to us by you or on your behalf is correct; and
b) You are not aware of anything which might prevent you from carrying out your
obligations under the Agreement.
B22.2
a) The above warranties will be deemed to be repeated on a daily basis from the date of
the Agreement and,
b) You must advise us immediately if at any time either of the warranties is untrue.
B23
Limitation of our Rights
B23.1
Our rights and the rights of others to:
a) Access confidential information about any Service User; and
b) Observe the provisions or delivery of the Services; and
c)
Interview or follow up Service Users and/or their families,
Must be either authorised by statute or by a code of practice under the Privacy Act 1993
covering health information held by health agencies or by the informed consent of each
Service User concerned. The consents will normally be in writing.
DEALING WITH PROBLEMS
B24
Notification of Problems
B24.1
You must advise us promptly in writing:
a) Of any:
i.
changes,
ii.
problems,
iii. significant risks,
under the Official Information Act 1982
iv. significant issues,
which materially reduce or affect your ability to provide the Services, or are most likely
to do so, including those relating to:
v.
any premises used by you,
vi. any equipment you are using,
vii. your key personnel; or
Released
b) if you materially fail to comply with any of your obligations in the Agreement; or
c)
of any serious complaints or disputes which directly or indirectly relate to the provision
of the Services; or
d) of any issues concerning the Services that might have high media or public interest.
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B24.2
We must discuss with each other possible ways of remedying the matters notified. Our
discussion or attempted discussions will not however limit any of our rights under the
Agreement.
B24.3
You must have in place realistic and reasonable risk management processes and
contingency plans to enable you to continue to provide the Services on the occurrence of
any of the matters in this clause B24.
B25
Uncontrollable Events
B25.1
a) For the purposes of this Clause B25 an “uncontrol able event” is an event which is
beyond the reasonable control of us (“the person claiming”), or an event as set out in
Clause B29.4.
b) An uncontrollable event does not include:
i.
any risks or event which the person claiming could have prevented or overcome
by taking reasonable care including having in place a realistic and reasonable risk
management process; or
ii.
a lack of funds for any reason.
B25.2
The person claiming will not be in default under the terms of the Agreement if the default is
caused by an uncontrollable event.
B25.3
The person claiming must:
a) promptly give written notice to the other specifying:
i.
the cause and extent of that person’s inability to perform any of the person’s
obligations; and
ii.
the likely duration of the non-performance;
b) in the meantime take all reasonable steps to remedy or reduce the uncontrollable
event.
B25.4
Neither of us is obliged to settle any strike, lock out or other industrial disturbance.
B25.5
Performance of any obligation affected by an uncontrollable event must be resumed as soon
as reasonably possible after the uncontrollable event ends or its impact is reduced.
under the Official Information Act 1982
B25.6
If you are unable to provide the Services as the result of an uncontrollable event we may
make alternative arrangements suitable to us for the supply of the Services during the period
that you are unable to supply them after we consult with you.
B25.7
If either of us is unable to perform an obligation under the Agreement for 90 days because of
an uncontrollable event, both of us must first Consult and decide to what extent if any the
Agreement can be varied and to continue.
B25.8
If we cannot agree that the Agreement may continue, then either of us may cancel the
Released
Agreement after giving at least 14 days prior written notice.
B25.9
Clause B34.1 will apply to cancellation of the Agreement under this clause.
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B26
We May Remedy Your Failure To Meet Your Obligations
B26.1
If you fail to carry out any of your obligations in the Agreement we may do so on your behalf
at your expense and risk.
B26.2
We may do this without giving you notice where the circumstances reasonably require such
action. Otherwise, we will give you 7 days notice in writing of our intention to act.
B26.3
All costs we incur in doing so, must be paid by you to us on demand or we may deduct them
from moneys which we owe you.
B27
Public Statements, Issues and Advertising
B27.1
a) Neither of us may directly or indirectly criticise the other publicly, without first fully
discussing the matters of concern with the other.
b) The discussion must be carried out in good faith and in a co-operative and constructive
manner.
c)
Nothing in this clause prevents you from discussing any matters of concern with your
people being your staff, subcontractors, agents or advisors.
d) Nothing in this clause prevents you from discussing any matters of concern with our
people being our staff, subcontractors, agents, advisers or persons to whom we are
responsible.
e) If we are unable to resolve any differences then those differences may be referred by
either of us to the Dispute Resolution process set out in clause B28.
B27.2
You may use our name or logo only with our prior written consent.
B27.3
The provisions of this clause B27 will remain in force after the Agreement ends.
B28
Dispute Resolution
B28.1
If either of us has any dispute with the other in connection with the Agreement, then:
a) Both of us will use our best endeavours to settle the dispute or difference by agreement
between us. Both of us must always act in good faith and co-operate with each other to
resolve any disputes, and
b) If the dispute or difference is not settled by agreement between us within 30 days, then,
under the Official Information Act 1982
unless both of us agree otherwise:
i.
full written particulars of the dispute must be promptly given to the other.
ii.
The matter will be referred to mediation in accordance with the Health Sector
Mediation and Arbitration Rules 1993 as amended or substituted from time to
time. A copy of the Rules are available from the Ministry of Health.
c)
neither of us will initiate any litigation during the dispute resolution process outlined in
paragraph b) above, unless proceedings are necessary for preserving the party’s rights.
Released
d) both of us will continue to comply with all our obligations in the Agreement until the
dispute is resolved by payments may be withheld to the extent that they are disputed.
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B28.2
Clause B28.1 will not, however, apply to any dispute:
a) concerning any renegotiation of any part of the Agreement,
b) as to whether or not any person is an Eligible Person,
c)
directly or indirectly arising from any matter which has been referred to a Complaints
Body unless the Complaints Body directs the matter to be resolved in accordance with
clause B28.1.
B29
Variations to the Agreement
B29.1
The Agreement may be varied by written agreement signed by both of us.
B29.2
Where the Agreement is for a term exceeding 1 year, we both agree that the Agreement
shall be reviewed annually.
B29.3
Variation on requirement by Crown
a) We may require you to vary the Agreement by written notice to you to comply with any
requirement imposed on us by the Crown.
b) We will give you as much notice of the requirement and details of the proposed change
as possible, to the extent that we are able to do so.
c)
Both of us must Consult and decide to what extent if any the Agreement can be varied
and then continue on that basis.
d) If we cannot agree within 60 days, then either of us may cancel the Agreement after
giving at least 30 days prior written notice.
e) You must continue to comply with your obligations under the existing Agreement until
any variation of it takes effect.
B29.4
The Agreement will be varied in the event of a disaster, local or national epidemic,
emergency or war in accordance with our requirements but this clause is subject to clause
B25.
B30
Our Liability
B30.1
Except to the extent that we agree otherwise, we will not be liable to you for any claims,
damages, penalties or losses (including costs) which you incur.
ENDING THE AGREEMENT
under the Official Information Act 1982
B31
Notice of Your Future Intentions
B31.1
Before the end of the Agreement you must give a minimum of 3 months notice if:
a) you do not wish to enter into a new agreement with us when the Agreement ends; or
b) you wish to enter into a new agreement with us when the Agreement ends but on
materially different terms.
Released
This clause does not mean we must enter into a contract with you when the Agreement
ends.
B31.2
You must discuss with us your intentions before giving any notice under clause B31.1.
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B31.3
We must give you a minimum of 3 months notice if we do not intend to renew the
Agreement, except where Management of Change Protocols may apply.
B32
Your Default and our Right to End the Agreement
B32.1
We may end the Agreement immediately by written notice to you on the occurrence of any of
the following events:
a)
We have good reason to believe you are unable or will soon become unable to carry
out all your material obligations under the Agreement.
i.
We must, however, consult with you before ending the Agreement for this reason.
ii.
If we believe the health or safety of any person or Population Serviced is at risk
we may suspend your provision of the Services while we consult.
b)
You have failed to carry out any of your obligations in the Agreement; and
i.
the failure is material; and
ii.
it cannot be remedied
c)
if:
i.
you are or adjudged bankrupt; or
ii.
you are more than one person, if any of you are adjudged bankrupt; or
iii. you are a company and you are placed in receivership or liquidation.
d)
You have failed to carry out any of your obligations in the Agreement and the failure
can be remedied by you but you fail to do so within 30 days of your receiving written
notice of the default from us.
e)
After 30 days from your receiving the notice, so long as the obligation still has not been
met, we may instead of ending the Agreement;
i.
At any time vary or withdraw from coverage by this Agreement any of the Services
in respect of which you have not met your obligation, either straight away or at
any later date, and
ii.
Cease payment for any of the services from the date of withdrawal.
f)
You have the same right and must follow the same procedure if we have not met any
obligation and you wish to vary or withdraw any of the Services.
g)
Any dispute regarding the withdrawal or variation of any of the Services under this
under the Official Information Act 1982
paragraph d) must be resolved under clause B28.
B32.2
Nothing in clause B32.1 affects any other rights we may have against you in law of in equity.
B33
Our Default and your Right to End the Agreement
B33.1
If we default on any payments which we are not entitled by the Agreement to withhold and
we fail to remedy the default within 20 days of your giving us written notice of the default you
may do any one of more of the following:
Released
a) Cancel the agreement,
b) Seek specific performance of the Agreement,
c)
Seek damages from us,
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d) Seek penalty interest.
B34
Effect of Ending the Agreement
B34.1
Any cancellation of the Agreement will not affect:
a) the rights or obligations of either of us which have arisen before the Agreements ends;
or
b) the operation of any clauses in the Agreement which are expressed or implied to have
effect after it ends.
GENERAL
B35
Confidentiality
B35.1
a) Except to the extent that these Standard Conditions provide otherwise, neither of us
may disclose any Confidential Information to any other person.
b) Both of us acknowledge that the Agreement, but not any Confidential Information, may
be published publicly by us through any media including electronically via the Internet.
B35.2
Neither of us will disclose to any third party information which will identify any natural person
(as defined in the Privacy Act 1993);
a) without that person’s informed consent; or
b) unless authorised by statute, or by a Code of Practice under the Privacy Act 1993
covering Health Information held by Health Agencies.
B35.3.
Clause B35.1 does not apply:
a) to terms or information which are or become generally available to the public except as
the result of a breach of clause B35.1; or
b) to information which either party is required by law to supply to any person but only to
the extent that the law required; or
c)
to terms or information disclosed to the professional advisers of either of us or to those
involved in a Service User’s clinical or care management where disclosure is
reasonably necessary for the management; or
under the Official Information Act 1982
d) to information which you are required by the Agreement to disclose or forward to any
person.
B35.4
Nothing in clause B35.1 will prevent us from disclosing any terms or information in
accordance with any Funding Agreement, or by direction or requirement from the Minister
under the Act.
B35.5
Each of us will ensure all Confidential Information is kept secure and is subject to appropriate
security and user authorisation procedures and audits.
Released
B36
Governing Law
B36.1
The Agreement is governed by New Zealand law.
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B37
Contracts (Privity) Act 1982
B37.1
No other third party may enforce any of the provisions in the Agreement.
B38
Waiver
B38.1
Any waiver by either of us must be in writing duly signed. Each waiver may be relied on for
the specific purpose for which it is given.
B38.2
A failure of either one of us to exercise, or a delay by either one of us in exercising, any right
given to it under the Agreement, does not mean that the right has been waived.
B39
Entire Agreement
B39.1
Each of us agree that the Agreement sets forth the entire agreement and understanding
between both of us and supersedes all prior oral or written agreements or arrangements
relating to its subject matter.
B40
Notices
B40.1
Any notice must be in writing and may be served personally or sent by security or registered
mail or by facsimile transmission. All notices are to have endorsed on them the contract
reference number given to the Agreement.
B40.2
Notices given:
a) personally are served upon delivery;
b) by post (other than airmail) are served three days after posting;
c)
by airmail are served two days after posting;
d) by facsimile are served upon receipt of the correct answer back or receipt code.
B40.3
A notice may be given by an authorised officer, employee or agent of the party giving the
notice.
B40.4
The address and facsimile number for each of us shall be as specified in the Agreement or
such other address or number as is from time to time notified in writing to the other party.
B41
Relationship of Both of Us
B41.1
Nothing in the Agreement constitutes a partnership or joint venture between both of us or
under the Official Information Act 1982
makes you an employee, agent or trustee of ourselves.
B42
Signing the Agreement
B42.1
a) You must satisfy us that the Agreement has been properly signed by you and is a valid
and enforceable agreement before we have any obligations to you under the
Agreement.
Released
b) We may however waive all or part of this provision with or without conditions by us.
B42.2
If the condition in clause B42.1 is not satisfied or waived by the Commencement Date or any
later date we may void the Agreement by written notice to you.
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B43
Partial Invalidity
B43.1
a) If any provision in the Agreement is lawfully illegal, unenforceable or invalid, the
determination will not affect the remainder of the Agreement which will remain in force.
b) This clause does not affect any right of cancellation we may have in the Agreement.
GLOSSARY
B44
Definitions
B44.1
In the Agreement Terms given a meaning in the Glossary have that meaning where the
context permits.
B44.2
In the Agreement
a) “We”, “us” and “our” means the Ministry of Health including its permitted consultants,
subcontractors, agents, employees and assignees (as the context permits).
b) “You” and “your” means the Provider named in this contract, including its permitted
subcontractors, agents, employees and assignees (as the context permits).
c)
“Both of us”, “each of us”, “either of us” and “neither of us” refers to the parties.
B45
Interpretation
B45.1
In the Agreement:
a) A reference to a person includes any other entity or association recognised by law and
the reverse:
b) Words referring to the singular include the plural and the reverse;
c)
Any reference to any of the parties includes that party’s executors, administrators or
permitted assigns, or if a company, its successors or permitted assigns or both;
d) Everything expressed or implied in the Agreement which involves more than one
person binds and benefits those people jointly and severally;
e) Clause headings are for reference purposes only;
f)
A reference to a statute includes:
under the Official Information Act 1982
i.
all regulations under that statute; and
ii.
all amendments to that statute; and
iii. any statute substituting for it which incorporates any of its provisions.
g) All periods of time or notice exclude the days on which they are given and include the
days on which they expire;
h) Working Days – anything required by the Agreement to be done on a day which is not a
Working Day may be done on the next Working Day.
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B46
Glossary Terms
Expression
Meaning
Act
The New Zealand Public Health & Disability Act 2000
Agreement
The agreement or arrangement between both of us for the provision of
any Services and each schedule to that agreement or arrangement
and these Standard Conditions of Contract
Audit
Audit includes (without limitation) audit, inspection, evaluation or
review of:
a) quality,
b) service delivery
c)
performance requirements,
d) organisational quality standards,
e) information standards and,
f)
organisational reporting requirements,
g) compliance with any of your obligations
in relation to the provision of the Services by you.
Commencement
The date the Agreement comes into effect
Date
Complaints Body
Any organisation appointed:
a) under the Agreement; or
b) by both of us by mutual agreement; or
c)
by a Health Professional Authority; or
d) by law
to deal with complaints relating to the Services.
Confidential
Any information disclosed either before or during the course of the
Information
Agreement, by us to you or vice versa that is agreed by both of us as
being confidential and which may not be disclosed (subject to any law
to the contrary) but excluding the terms of the Agreement.
Consult
a) Each of us must fully state our proposals and views to the
other and carefully consider each response to them.
b) Each of us must act in good faith and not predetermine any
matter.
c)
Each of us must give the other adequate opportunity to
consult any other interested party.
under the Official Information Act 1982
The obligation of either of us to Consult will be discharged if the other
refuses or fails to Consult.
Crown
The meaning given in the Act.
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Eligible Person
Any individual who:
a) is in need of the Services; and
b) meets the essential eligibility criteria and other criteria, terms
and conditions which, in accordance with any direction given
under Section 32 of the Act or continued by Section 112(1) of
the Act, or any other direction from the Minister, or the
Funding Agreement, must be satisfied before that individual
may receive any Services purchased by us.
c)
The Ministry of Health will determine if any individual is an
Eligible Person if there is any dispute.
“Eligible People” has a corresponding meaning.
End Date
The date the Agreement ends or is ended in accordance with the
Agreement.
Funding
The relevant Crown funding agreement within the meaning of Section
Agreement
10 of the Act, entered into by us.
Governmental
Includes any entity lawfully formed by, or in accordance with any
Body
direction of, the Crown or any Minister or officer of the Crown.
GST
Goods and Services Tax under the Goods and Services Tax Act 1985.
Ministry of Health
Includes any of its legal successors.
Health
Any authority or body that is empowered under and by virtue of any
Professional
enactment of law, or the rules of any body or organisation, to exercise
Authority
disciplinary powers in respect of any person who is involved in the
supply of Health or Disability Services, or both.
Law
Includes:
a) Any legislation, decree, judgement, order or by law; and
b) Any rule, protocol, code of ethics or practice or conduct and
other ethical or other standards, guidelines and
c)
Requirements of any Health Professional Authority; and
d) Any relevant standards of the New Zealand Standards
Association; and
e) Any future law.
Management of
Such protocols as may be agreed between us relating to the
Change
management of change.
Protocols
under the Official Information Act 1982
Minister
The Minister of Health.
Ministry
The Ministry of Health (by whatever name known) and any other
successor department of state and include the Minister of Health and
the Director-General of Health and any of his her or their delegates.
Our Objectives
Include:
a) The objectives listed in Section 22 of the Act, and
b) The objectives specified in our statement of intent (as defined
Released
in the Act).
c)
To meet the directions and requirements notified to us under
the Act from time to time.
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Person
Includes a corporation, incorporated society or other body corporate,
firm, government authority, partnership, trust, joint venture,
association, state or agency of a state, department of Ministry of
Government and a body or other organisation, in each case whether
or not having a separate legal identity.
Population
Means communities or targeted populations, including Eligible People,
Served
for whom Services are or may be provided.
Records
Means without limitation:
a) All relevant written and electronically stored material; and
b) Includes all relevant records and information held by you and
your employees, subcontractors, agents and advisers.
Services
Health Services, or disability services or both as specified in the
Agreement.
Service Users
Users of any of the Services.
Standard
These Standard Conditions of Contract.
Conditions
Working Day
Any day on which Registered Banks are open for business in New
Zealand, relative to your principal place of business.
under the Official Information Act 1982
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C:
PROVIDER QUALITY SPECIFICATIONS
INTRODUCTION
C1
Relationship Principles
C1.1
The following values will guide us in all our dealings with each other under the Agreement:
a) Integrity -we will act towards each other honestly and in good faith.
b) good communication -we will listen, talk and engage with each other openly and
promptly including clear and timely written communication.
c) enablement -we will seek to enable each other to meet our respective objectives and
commitments to achieve positive outcomes for communities and consumers of health
and disability services.
d) trust and co-operation -we will work in a co-operative and constructive manner
recognising each other's viewpoints and respecting each other's differences.
e) accountability -we will each recognise the accountabilities that each of us have
to our respective and mutual clients and stakeholder.
f) innovation -we will encourage new approaches and creative solutions to
achieve positive outcomes for communities and consumers of health and
disability services.
g) quality improvement – we will work co-operatively with each other to achieve quality
health and disability services with positive outcomes for consumers.
C2
Quality of Service
C2.1
These Provider Quality Specifications define the quality of service which consumers and
populations served under the terms of this contract will receive. Provider quality
requirements will in final form be described in three key levels.
a) Health and Disability Services Standards 2008
under the Official Information Act 1982
b) Provider Quality Specifications (PQS)
c) Service Specific Quality Specifications (SSQS)
C3
Health and Disability Services Standards 2008
C3.1
The Health and Disability Services Standards 2008 have been developed to replace several
pieces of previous consumer safety legislation. Compliance with them will become
mandatory when the Health and Disability Services (Safety) Bill is passed and fully
Released
implemented. At that stage compliance with the Standards will replace compliance with the
regulations and statutes that apply to hospital in-patient and residential care services. As the
standards are implemented the Provider Quality Specifications will be revised to those
Standards, and to eliminate repetition.
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C4
Provider Quality Specifications (PQS)
C4.1
All providers are required to meet these Provider Quality Specifications (PQS). The PQS
have been developed to ensure a common basis for quality among providers of similar
services nationally. They focus on key processes and outcomes. The PQS apply to all
services provided under the terms of this Contract.
C4.2
These PQS include:
a) specifications for all providers, (Sections C1 – C40 inclusive).
b) facility specifications only for providers who offer services to consumers within
premises (C41 and C42).
C4.3
The PQS may be supplemented in contracts by Service Specific Quality Specifications
(SSQS) or by specific quality requirements in the Service Specification.
C5
Auditing and Reporting
C5.1
We may, at any time, audit your service against the Health and Disability Services Standards
2008 (when implemented) or against a PQS or SSQS by asking you to demonstrate
compliance with it. This is part of the Provider Quality Improvement Strategy, which may
include regular, random and risk based auditing of services. The PQS and SSQS are not, at
present, subject to regular reporting unless required elsewhere in the Agreement or as part
of any specified Quality Improvement initiative. You are, however, invited to raise with us at
any time any concerns you have about your ability to meet these PQS so corrective
processes can be put in place. Please see also Clause C11, C12, C16, C17 and C18 of the
Standard Conditions and the Schedule or Templates for Information Requirements.
PROVIDER QUALITY SPECIFICATIONS
C6
PQS Apply to All Services
C6.1
You will operate all services covered in this Agreement according to these PQS. You will
implement these requirements in a manner that is appropriate for your Organisation, taking
into account:
a) requirements of Government Māori Health Policy and Strategies,
b) identified needs of consumers, carers and families,
under the Official Information Act 1982
c) service goals and objectives,
d) parameters of activities,
e) management of risks,
f) any good practice guidelines endorsed by us and by the Ministry of Health,
g) professional standards and codes relevant to your service.
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C7
Written Policy, Procedures, Programme, Protocol, Guideline, Information, System or
Plan
C7.1
Where, to meet a H&DS Standard or an PQS or SSQS, you need to develop a written policy,
procedure, programme, protocol, guideline, information, system or plan etc, you will:
a) Develop such a document,
b) Demonstrate systems for reviewing and updating all such documents regularly and as
required by current performance or risks,
c) Demonstrate implementation, through documentation supported as requested through
interviews with staff, consumers, and Māori,
d) Demonstrate that staff are adequately informed of the content and the intent of these
written documents,
e) Provide us with a copy on request.
C8
All Staff Informed
C8.1
You will ensure that:
a) these PQS are attached to each and every service specification contracted by us and
delivered by you,
b) employees and sub-contractors are aware of your and their responsibilities for these
PQS and relevant Service Specifications as they relate to services provided
C9
Requirements for Māori
C9.1
Requirements for Māori are specified here and elsewhere in this Agreement.
C9.2
Your services will meet the diverse needs of Māori, and apply any strategy for Māori Health
issued by the Minister.
C10
Māori Participation
C10.1
Māori participation will be integrated at al levels of strategic and service planning,
development and implementation within your organisation at governance, management and
service delivery levels.
under the Official Information Act 1982
This will include:
a) consultation with, and involvement of, Māori1 in your strategic, operational and service
processes,
b) development of a monitoring strategy in partnership with Māori that reviews and
evaluates whether Māori needs are being met by your organisation, including:
i. removal of barriers to accessing your services;
ii. facilitation of the involvement of whanau and others;
Released iii. integration of Māori values and beliefs, and cultural practices;
1 Reference to "Māori" includes the development of a relationship with local tangata whenua and if appropriate, regional tangata
whenua, Māori staff, Māori providers, and Māori community organisations to achieve the required Māori input.
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iv. availability of Māori staff to reflect the consumer population;
v. existence, knowledge and use of referral protocols with Māori service providers in
your locality.
c)
Education and training of staff in Māori values and beliefs and cultural practices, and in
the requirements of any Māori Health Strategy,
d) Support and development of a Māori workforce.
QUALITY MANAGEMENT
You are required to develop, document, implement and evaluate a transparent system
for managing and improving the quality of services to achieve the best outcomes for
consumers.
C11
Quality Plan
C11.1
You will have a written, implemented and at least annually reviewed Quality Plan designed to
improve outcomes for consumers. This plan may be integrated into your business plan. It will
describe how you manage the risks associated with the provision of services. The plan will
outline a clear quality strategy and will identify the organisational arrangements to implement
it. The plan will be of a size and scope appropriate to the size of your service, and will at
least include:
a) an explicit quality philosophy,
b) clear quality objectives,
c)
commitment to meeting these and any other relevant Quality Specification and
Standards, and guidelines for good practice as appropriate,
d) quality improvement systems,
e) written and implemented systems for monitoring and auditing compliance with your
contractual requirements,
f)
designated organisational and staff responsibilities,
g) processes for and evidence of consumer input into services and into development of
the Quality Plan,
h) processes for sound financial management,
i)
how you wil address Māori issues including recognition of:
under the Official Information Act 1982
i. Māori participation with Strategic, Governance, Management and Service
Delivery planning, implementation and review functions,
ii. Māori as a Government Health Gain priority area,
iii. The Pathways set out in any Māori Health Strategy issued by the Minister,
iv. Māori specific quality specifications,
v. Māori specific monitoring requirements,
vi. Māori service specific requirements.
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C12
Employees Registration, Education and Training
C12.1
Employees will be, where relevant, registered with the appropriate statutory body, and will
hold a current statutory certificate.
C12.2
Employees will have access to continuing education to support maintenance of professional
registration and enhancement of service delivery/clinical practice, and to ensure practice is
safe and reflects knowledge of recent developments in service delivery.
C12.3
Your employment policies and practices will support professional career pathway
development for Māori health workers; Māori service advisory positions; Māori change
management positions, and the recruitment and retention of Māori employees at all levels of
the organisation to reflect the consumer population.
C13
Training and Supervision of Assistants and Volunteers.
C13.1
Assistants, volunteers and other relevant support employees will receive training to enable
them to provide services safely, and will work only under the supervision and direction of
appropriately qualified staff.
C14
Supervision of Trainees.
C14.1
Trainees will be identified and will provide services only under the supervision and direction
of appropriately qualified staff.
C15
Performance Management
C15.1
You will have in place a system of performance management for all employees.
C16
Clinical Audit
C16.1
You will have in place clinical audit/peer review processes that incorporate input from
relevant health professionals from all services.
C17
Access
C17.1
All eligible people will have fair, reasonable and timely access to effective services within the
terms of this agreement. You will define and apply criteria for providing services, including
under the Official Information Act 1982
any priority or eligibility criteria agreed between us. You will manage access to services
within available resources and according to those criteria. You will maintain records of
people who receive services and those who do not, and the criteria by which these decisions
are made.
C18
Service Information
C18.1
Potential and current consumers, and referrers, will have access to appropriately presented
information in order for eligible people to access your services. This information may be in
Released
the form of a brochure and will include at least:
a) the services you offer,
b) the location of those services,
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c)
the hours the service is available,
d) how to access the service (e.g. whether a referral is required),
e) consumer rights and responsibilities including copy of H&DC Code of Rights, and
Complaints Procedure,
f)
availability of cultural support,
g) after hours or emergency contact if necessary or appropriate,
h) any other important information in order for people to access your services.
This information will be presented in a manner appropriate to the communication needs of
consumers and communities.
C19
Support for Māori
C19.1
You will facilitate support from whanau/hapu/iwi; kuia/kaumatua; rongoa practitioners;
spiritual advisors; Māori staff and others as appropriate for Māori accessing your service.
ACCEPTABILITY
C20
Consumer Rights
C20.1
Each consumer will receive services in a manner that complies with the Health and Disability
Commissioner Act 1994, and with all aspects of the Health and Disability Commissioner
(Code of Health and Disability Services Consumers' Rights) Regulations 1996 (H&DC Code).
This will include provision for the:
a) right to be treated with respect for person, privacy and culture,
b) freedom from discrimination, coercion, harassment, and exploitation,
c)
right to dignity and independence,
d) right to services of an appropriate standard including legal, professional, ethical,
e) right to effective communication,
f)
right to be fully informed,
g) right to make an informed choice and give informed consent,
h) right to support person present,
under the Official Information Act 1982
i)
rights in respect of teaching or research,
j)
right to complain,
You will make available and known to consumers and visitors to the service the Code of
Health and Disability Services Consumers’ Rights. You will ensure staff are familiar with and
observe their obligations under this Code.
C21
Confidentiality
Released
C21.1
You will disclose information about consumers to any third party only:
a) with the person's informed consent or,
b) in accordance with the Health Information Privacy Code,
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c)
to assist in effective service provision and achieving positive outcomes for the
consumer.
C22
Cultural Values
C22.1
You will deliver services in a culturally appropriate and competent manner, ensuring that the
integrity of each consumer's culture is acknowledged and respected. You will take account of
the particular needs within the community served in order that there are no barriers to access
or communication, and that your services are safe for all people. You will include significant
local or service specific ethnic and other cultural groups in assessing satisfaction with
services.
C22.2
You wil incorporate Māori principles/tikanga into your organisation. These may be explained
in the following ways:
Wairua
Spirit or spirituality
A recognition that the Māori view of
spirituality is inextricably related to
the wellbeing of the Māori consumer
Aroha
Compassionate love
The unconditional acceptance which
is the heart of care and support
Turangawaewae
A place to stand
The place the person calls home,
where their origins are. Must be
identified for all Māori consumers
Whanaungatanga
The extended family
Which takes responsibility for its
members and must be informed of
where its member is
Tapu/Noa
Sacred/profane
The recognition of the cultural
means of social control envisaged in
tapu and noa including its
implications for practices in working
with Māori consumers
Mana
Authority, standing
Service must recognise the mana of
Māori consumers
Manaaki
To care for and show
Services show respect for Māori
respect to
values; traditions and aspirations
Kawa
Protocol of the marae,
Determines how things are done in
land, iwi
various circumstances. Respect for
kawa is very important. If the kawa
under the Official Information Act 1982
is not known the tangata whenua
should be consulted.
C23
Consumer Advocates
C23.1
You will inform consumers and staff, in a manner appropriate to their communication needs,
of their right to have an advocate, including to support the resolution of any complaint. You
will allow advocates reasonable access to facilities, consumers, employees and information
to enable them to carry out their role as an advocate. You will know of and be able to
Released
facilitate access to a Māori advocate for consumers who require this service.
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C24
Consumer/Family/Whanau and Referrer Input
C24.1
You will regularly offer consumers/families/whanau and referrers the opportunity to provide
feedback as a means of improving the outcomes for consumers. When you obtain feedback
from consumers by means of written surveys, you will comply with the Ministry of Health
Guidelines for Consumer Surveys. Consumer input will be reflected in the maintenance and
improvement of quality of service, both for the individual consumer and across the service as
a whole. You will actively seek feedback from Māori by appropriate methods to improve
organisation responsiveness to Māori. When requested you will make available to us the
results of such surveys.
C25
Community Involvement
C25.1
You will have in place and follow active processes for consulting with the local community in
matters affecting them such as service location and building programmes.
C26
Complaints Procedure
C26.1
You will enable consumers/families/whanau and other people to make complaints through a
written and implemented procedure for the identification and management of Complaints.
This procedure will meet the H&DC Code requirements and will also ensure that:
a) the complaints procedure itself is made known to and easily understandable by
consumers,
b) all parties have the right to be heard,
c)
the person handling the complaint is impartial and acts fairly,
d) complaints are handled at the level appropriate to the complexity or gravity of the
complaint,
e) any corrective action required following a complaint is undertaken,
f)
it sets out the various complaints bodies to whom complaints may be made and the
process for doing so. Consumers will further be advised of their right to direct their
complaint to the H&D Commissioner and any other relevant complaints body,
particularly in the event of non-resolution of a complaint,
g) complaints are handled sensitively with due consideration of cultural or other values,
h) Māori consumers and their whanau will have access to a Māori advocate to support
them during the complaints process,
under the Official Information Act 1982
i)
consumers who complain, or on whose behalf families/whanau complain, shall continue
to receive services which meet all contractual requirements,
j)
complaints are regularly monitored by the management of the service and trends
identified in order to improve service delivery,
k)
it is consistent with any complaints policy as we may notify from time to time.
C27
Personnel Identification
C27.1
Employees, volunteers, students or sub-contractors undertaking or observing service
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delivery will identify themselves to all consumers and family/whanau.
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C28
Ethical Review
C28.1
If you conduct research and innovative procedures or treatments you will have written and
implemented policies and procedures for seeking ethical review and advice from a Health
and Disability Ethics Committee in accordance with the current "National Standard for Ethics
Committees" (or any replacement publication). You will consult with and receive approval
from Māori for any research or innovative procedures or treatments which wil impact on
Māori.
SAFETY AND EFFICIENCY
C29
General Safety Obligation
C29.1
You will protect consumers, visitors and staff from exposure to avoidable/preventable risk
and harm.
C30
Risk Management
C30.1
You will have in place well developed processes for:
a) identifying key risks including risks to health and safety,
b) evaluating and prioritising those risks based on their severity, the effectiveness of any
controls you have and the probability of occurrence,
c)
dealing with those risks and where possible reducing them.
C31
Equipment Maintained
C31.1
You will ensure that equipment used is safe and maintained to comply with safety and use
standards.
C32
Infection Control/Environmental and Hygiene Management
C32.1
You will safeguard consumers, staff and visitors from infection. You will have written,
implemented and regularly reviewed environmental and hygiene management/infection
control policies and procedures which minimise the likelihood of adverse health outcomes
arising from infection for consumers, staff and visitors. These will meet any relevant
profession-specific requirements and the requirements of the Standard Universal
Precautions Guidelines. They will include definitions and will clearly outline the
under the Official Information Act 1982
responsibilities of all employees, including immediate action, reporting, monitoring, corrective
action, and staff training to meet these responsibilities.
C33
Security
C33.1
You will safeguard consumers, employees and visitors from intrusion and associated risks.
You will have written, implemented and reviewed policies and practices relating to security to
ensure that buildings, equipment and drugs are secure.
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C34
Management Of Internal Emergencies and External Disasters
C34.1
You will have written, implemented and reviewed contingency management policies and
procedures that minimise the adverse impact of internal emergencies and external or
environmental disasters on your consumer, staff and visitors. The policies and procedures
will include the processes for working with the organisations who have responsibility for co-
ordinating internal and external (environmental) disaster services. These policies and
procedures will be linked to your risk management processes.
C35
Incident and Accident Management
C35.1
You will safeguard consumers, staff and visitors from untoward risk arising from avoidable
incidents, accidents and hazards. You will have written, implemented and reviewed incident,
accident and hazard management policies and procedures which assist in managing safety
and risk. These will include definitions of incidents and accidents and will clearly outline the
responsibilities of all employees, including:
a) taking immediate action,
b
reporting, monitoring and corrective action to minimise incidents, accidents and
hazards, and improve safety,
c) debriefing and staff support as necessary.
C36
Prevention of Abuse and/or Neglect
C36.1
You will safeguard consumers, staff and visitors from abuse, including physical, mental,
emotional, financial and sexual maltreatment or neglect. You will have written, implemented
and reviewed policy and procedures on preventing, detecting and removing abuse and/or
neglect. These will include definitions of abuse and neglect and will clearly outline the
responsibilities of all staff who suspect actual or potential abuse, including immediate action,
reporting, monitoring and corrective action. You will ensure that relevant employees are able
to participate in family, inter-agency or court proceedings to address specific cases of abuse
and neglect. These procedures will also include reference to the Complaints Procedure.
EFFECTIVENESS
C37
Entry to Service
under the Official Information Act 1982
C37.1
You will manage consumer entry to your service in a timely, equitable and efficient manner,
to meet assessed need.
C38
Plan of Care/Service Plan
C38.1
You will develop for each consumer a written, up to date plan of care/service plan and/or
record of treatment which:
a) is based on assessment of his/her individual needs, including cultural needs,
Released
b) includes consultation with the consumer, and,
c) where appropriate, and with the consent of the consumer, includes consultation with
the consumer's family/whanau and/or caregivers,
d) contains detail appropriate to the impact of the service on the consumer,
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e) facilitates the achievement of appropriate outcomes as defined with the consumer,
f) includes plans for discharge/transfer,
g) provides for referral to and co-ordination with other medical services and links with
community, iwi, Māori and other services as necessary.
C39
Service Provision
C39.1
You will deliver to consumers services that meet their individual assessed needs, reflect
current good practice, and are co-ordinated to minimise potentially harmful breaks in
provision.
C40
Planning Discharge from the Service or Transfer between Services
C40.1
You will collaborate with other services to ensure consumers access all necessary services.
When a consumer is transferred or discharged from your services and accesses other
appropriate services they will do so without avoidable delay or interruption. You will have
written, implemented and reviewed policies and procedures for planning
discharge/exit/transfer from your services. These will facilitate appropriate outcomes as
defined with the consumer. The policies and procedures will include:
a) defined employees’ responsibilities for discharge planning,
b) incorporating discharge planning into the consumer's plan of care/service plan, where
appropriate from or before admission,
c) full involvement of the consumer in planning discharge,
d) involvement of family/whanau, including advising them of discharge, as appropriate,
e) assessment and management of any risks associated with the discharge,
f) informing the consumer on their condition, possible future course of this, any risks,
emergency contacts, and how to access future treatment, care or support services,
g) where appropriate involving the original referrer and the health professional having
ongoing responsibility for the consumer in planning discharge and informing them of
confirmed discharge arrangements,
h) a process for monitoring that discharge planning does take place, which includes
assessment of the effectiveness of the discharge planning programme.
C41
Where Services are Declined
under the Official Information Act 1982
C41.1
You will have written and implemented policies and procedures to manage the immediate
safety of the consumer for whom entry to the service is declined and, where necessary the
safety of their immediate family/whanau and the wider community. These include:
C41.2
a) applying agreed criteria for providing services,
b) ensuring all diagnostic steps have been taken to identify serious problems which may
require your service,
Released
c) advising the consumer and/or their family/whanau of appropriate alternative services,
d) where appropriate advising the family/whanau or other current services that you have
declined service,
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e) recording that entry has been declined, giving reasons and other relevant information,
f) having in place processes for providing this information to us.
C42
Death/Tangihanga
C42.1
You will have written and implemented policies and procedures to follow in the event of a
death including:
a) immediate action including first aid, calling appropriate emergency services,
b) appropriate and culturally sensitive procedures for notification of next of kin,
c) any necessary certification and documentation including notifying us or the Ministry of
Health if required in the Service Specifications,
d) appropriate and culturally competent arrangements, particularly to meet the special
needs of Māori, are taken into account in the care of the deceased, until responsibility
is accepted by the family or a duly authorised person.
C43
Health Education, Disease Prevention and Health Advice/Counselling
C43.1
You will incorporate within your services, where appropriate, an emphasis on health
education, disease prevention and health advice/counselling, and support the goals of The
Ministry of Health Strategy "Strengthening Public Health Action" June 1997 or subsequent
publications.
FACILITIES
C44
Accessible
C44.1
You will support consumers in accessing your services by the physical design of your
facilities. You will make specific provision for consumers with a mobility, sensory or
communication disability available and known to consumer. You will make services available
to deaf people through the provision of interpreters and devices to assist communication.
C45
Facilities, Maintained
C45.1
You will provide services from safe, well-designed, well-equipped, hygienic and well-
maintained premises.
under the Official Information Act 1982
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D:
STANDARD INFORMATION SPECIFICATION
REPORTING REQUIREMENTS
D1
Information to be Reported to The MOH
D1.1
Unless stated otherwise in the Service Schedule, information to be provided to us is to be
provided at three monthly intervals in accordance with the timetable below. Where the
Agreement begins or ends part way through a quarter, the report will be for that part of the
quarter which falls within the term of the Agreement.
Any delays will be notified to The Performance Reporting Team (see below for details).
D2
Reporting Requirement Timetable
Quarters for Reporting
Due Date
1 January to 31 March
20 April
1 April to 30 June
20 July
1 July to 30 September
20 October
1 October to 31 December
20 January
D3
Forwarding Your Completed Report
You shall forward your completed Performance Monitoring Returns to:
Email: [email address]
Or post to:
The Performance Reporting Team
Sector Operations
Ministry of Health
under the Official Information Act 1982
Private Bag 1942
Dunedin 9054
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PART 3: SERVICE SCHEDULES
3.01
INTRODUCTION
3.01.1
This Part 3 contains each of the Service Schedules listed in the Head Agreement
(Agreement Summary).
3.01.2
Each of the Service Schedules in Part 3 form part of the Agreement between us as defined
in the Head Agreement or in a subsequent Variation to the Head Agreement, as applicable.
3.01.3
Each Service Schedule contains the Service Specifications and Provider Specific Terms and
Conditions associated with the Service.
3.01.4
The Service Specification described the service, and set up quality and information reporting
requirements additional to those specified in Part 2 (the General Terms). Note that nationally
standard service descriptions may contain details (particularly Purchase Units and Reporting
Requirements) which do not apply to all contracts.
3.01.5
The Provider Specific Terms and Conditions detail those elements of the Agreement that are
unique to you. This will include payment terms, the term of the Service Schedule, and any
details which differ from Part 2 (the General Terms) and/or standard Service Specification/s
(including detailed clarification of any parts of the nationally standard service description
which do not apply to your contract, and a full list of relevant purchase units, volumes, prices
and reporting requirements).
CONTENTS OF EACH SERVICE SCHEDULE WITHIN PART 3
3.02
Service Specifications
3.02.1
Standard national specifications (note this may not be physically contained in the contract
but will be made available for Providers in electronic and hardcopy editions for distribution
within their organisations).
a) Additional specifications (if appropriate).
3.02.2
Provider Specific Terms and Conditions
under the Official Information Act 1982
a) Introduction
b) Details of all Volumes and Prices which apply to this Service Schedule
c)
Reporting Requirements
d) Payment Details
e) Detail of Changes to standard documents
i.
Summary of changes to the General Terms (if any)
Released ii. Summary of additional service specifications (if any)
iii. Summary of changes from standard service specification (if any)
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E:
PROVIDER SPECIFIC TERMS AND CONDITIONS
INTRODUCTION
E1
Service Details
E1.1
It is agreed that the following details apply to this Service Schedule.
Legal Entity Name
InsideOUT Koaro
Legal Entity Number
992523
Contract Number
368171 / 00
Contract Commencement Date
1 June 2021
Contract End Date
30 June 2025
E2
Standard Documentation
E2.1
It is agreed that the Service Schedule includes the standard documentation in Part 2 (the
General Terms), and the standard service specifications included in this Service Schedule,
as amended by any changes (if any) identified below.
E2.2
It is agreed that the services will be paid for in accordance with the details given in the
Payment Details below.
E3
Details of all Purchase Units which apply to this Service Schedule
Purchase Unit (PU ID)
Total Price
GST Rate
Payment Type
(%)
9(2)(b)(ii)
HWMHA
15
CMS
Access and Choice
Total price for the Service Schedule
PAYMENT DETAILS
under the Official Information Act 1982
E4
Price
E4.1
The price we will pay for the Service you provide is specified above. Note that all prices are
exclusive of GST.
E5
Invoicing
E5.1
We will pay you on the dates set out in the Payment Schedule below for the services you
provide in each invoice period so long as we receive a valid GST tax invoice from you. The
Released
invoice must meet all legal requirements and must contain the following information:
a. provider name (legal entity name)
b. provider number (legal entity number)
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c. provider invoice number
d. contract number
e. purchase unit number or a description of the service being provided
f.
date the invoice is due to be paid/date payment expected
g. dollar amount to be paid
h. period the service was provided
i.
volume, if applicable
j.
GST rate
k. GST number
l.
full name of funder
E5.2
If we do not receive an invoice from you by the date specified in the payment schedule
below, then we will pay you within 20 days after we receive the invoice.
E6
Invoicing Address
Send invoices to:
[email address]
or post to:
Provider Payments
Ministry of Health
Private Bag 1942
Dunedin 9054
E7
Payment Schedule
Payments will be
On invoices received
For services supplied in the
Amount
made by us on these
by us on or before:
period:
(excl GST)
dates:
9(2)(b)(ii)
Within 20 days following
01 June 2021
June 2021
receipt of Signed
Agreement and Invoice
30 June 2021
31 May 2021
July 2021 to December 2021
31 January 2022
11 January 2022
January 2022 to June 2022
1 August 2022
10 July 2022
July 2022 to December 2022
under the Official Information Act 1982
30 January 2023
10 January 2023
January 2023 to June 2023
31 July 2023
11 July 2023
July 2023 to December 2023
30 January 2024
10 January 2024
January 2024 to June 2024
30 July 2024
10 July 2024
July 2024 to December 2024
30 January 2025
10 January 2025
January 2025 to June 2025
Total
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E8
Children’s Act 2014
According to section 15 of the Children’s Act 20142, children’s services cover the fol owing:
•
services provided to one or more children
•
services to adults in respect of one or more children
NB At a future date, the scope of children's services can be expanded by regulations.
Expansion may include services to adults which could significantly affect the well-being of
children in that household.
E8.1
Child Protection Policy
If you provide children’s services as per section 15 of the Children’s Act 2014 you will adopt
a child protection policy as soon as practicable and review the policy within three years from
the date of its adoption or most recent review. Thereafter, you will review the policy at least
every three years. In accordance with the requirements set out in section 19(a) and (b) of
the Children’s Act 2014, your child protection policy must apply to the provision of children’s
services (as defined in section 15 of the Act), must be written and must contain provisions on
the identification and reporting of child abuse and neglect in accordance with section 15 of
the Oranga Tamariki Act 1989.
E8.2
Worker Safety Checks
If you have workers that provide children's services, the safety check requirements under the
Children’s (Requirements for Safety Checks of Children's Workers) Regulations 2015 will
need to be complied with.3
under the Official Information Act 1982
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2 http://www.legislation.govt.nz/act/public/2014/0040/latest/DLM5501618.html
3 http://www.legislation.govt.nz/regulation/public/2015/0106/latest/DLM6482241.html
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F:
SERVICE SPECIFICATION
RAINBOW COMPETENCY TRAINING
Provider: InsideOUT Kōaro
Service: Rainbow Competency Training
BACKGROUND
The New Zealand Government is committed to improving mental health and addiction outcomes for
Rainbow communities.
Evidence shows that Rainbow communities are often reluctant to engage with health care
providers due to a lack of confidence in the ability of services to respond to their needs. He Ara
Oranga: Report of The Government Inquiry into Mental Health and Addiction (November 2018)
found that “Rainbow young people and other marginalised groups report not feeling safe accessing
mainstream services and experience harm from discrimination.”
The Out Loud Aotearoa report (August 2018) identified that Rainbow communities frequently have
poor experiences using mainstream health services due to a lack of core education and support for
health professionals on topics related to diverse sexualities, gender identities and sex
characteristics. Addressing these barriers to health care requires both supporting the Rainbow
responsiveness of mainstream health services, as well as providing more options for people to
access providers specialising in Rainbow health and wellbeing.
As part of these Rainbow mental wellbeing initiatives, the Ministry of Health (Ministry), has
allocated 9(2)(b)(ii) of funding, over four years, to support the mental health and addiction
workforce to be responsive to the needs of Rainbow communities.
A skilled and competent workforce equipped to support diverse communities is critical for a safe
and inclusive mental health and addiction services. The Ministry sought a credible provider who
has the capability, experience and infrastructure to develop and deliver Rainbow competency
training for the New Zealand mental health and addiction workforce.
Key requirements of the services will focus on:
under the Official Information Act 1982
•
delivering Rainbow competency training to the mental health and addiction workforce -
prioritising the primary mental health and addiction workforce.
•
contributing towards desired outcomes for the capability of the mental health and addiction
workforce and meeting training targets.
•
agreeing an annual delivery plan with the Ministry.
Request for Proposal Process
The Ministry released a Request for Proposal (RFP) process which invited suitably qualified
Released
respondents to submit a proposal for Rainbow competency training for the mental health and
addiction workforce.
InsideOUT Kōaro (also referred to as “Provider”) was successful in their proposal to implement
their Rainbow Competency Training (“Service”)
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SERVICE DESCRIPTION
1
Introduction
InsideOUT Kōaro’s Rainbow Competency Training service will offer the option of two versions
(Short: 2-hour and Long: 5-hour duration) of primarily face-to-face workforce development training
(workshops and seminars), with the option for online delivery, as well as post-training follow-up.
The content covered in these training services for the primary mental health and addiction work
force will range from foundational information regarding sex, gender and sexuality diversity and key
concepts such as gender affirming healthcare and pronouns.
There will also be interactive, practical components that enable attendees to engage in reflective
practice and consider how they may incorporate this learning into how they approach their roles,
back in the workplace.
2
Term
2.1
The term for this Agreement is from the date this Agreement is signed to 30 June 2025.
Services will commence from 1 July 2021.
3
Service Overview
3.1
Overview
Rainbow Competency Training will offer two versions (Short: 2-hour seminar style and Long: 5-
hour workforce style) of primarily face-to-face workforce development training (workshops and
seminars), with the option for online delivery, with the option of Rainbow competency e-modules.
One-hour follow up support will also be offered to all organisations whose staff attend the training.
3.2
Rainbow Competency Training - 2-hour seminar
This short (2-hour) course will cover the following:
•
relevant statistics and research on Rainbow and Takatāpui people’s experiences with
mental health challenges and addiction, as well as more general experiences with
Aotearoa’s healthcare system;
•
introduction to understanding sexuality, sex and gender diversity including key concepts
such as terminology, pronoun use and the transition processes;
•
top tips for mental health and addictions staff on including and supporting Rainbow service
under the Official Information Act 1982
users;
•
interactive question and answer component - answering key questions of the audience and
providing information about further resources and sources of both local and national
Rainbow support services.
Delivery method (2-hour seminar)
Delivered primarily in face-to-face seminar-style, this shorter format of the training will have
interactive components such as:
Released
•
terminology matching exercises in smaller groups that facilitate discussion and allow the
facilitators time and opportunity to have one-on-one conversation with attendees to ensure
understanding; and
•
pair-based activity that allows attendees to practice using different pronouns. Group
reflection on the activity follows.
This seminar could also be delivered online via webinar.
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Group-size
Due to the seminar-style, this version can be delivered to most group sizes. To maximise the value
of this version, the Provider will send out pre-course reading and/or viewing material. Respondents
will also have the opportunity to submit questions prior to the session, for answering during the two-
hour session.
3.3
Rainbow Competency Training - 5-hour interactive workshop
This longer (5-hour) interactive workforce workshop will cover the following:
• the fundamentals of sex, sexuality and gender identity, including relevant terminology and
research;
• introduction to understanding sexuality, sex and gender diversity including key concepts
such as terminology, pronoun use, transition processes;
• exploration of how homophobia, biphobia, transphobia and other discrimination (eg.
racism, ableism) affects Rainbow people and the importance of an actively inclusive mental
health or addictions service;
• development, with the workshop cohort, of practical ways both individual professional
practice and services can become as inclusive and safe as possible for people of all
sexualities, sexes and genders;
• relevant statistics and research on Rainbow people’s experiences with mental health
challenges and addiction, as well as more general experiences with Aotearoa’s healthcare
system;
• understanding of how different kinds of discrimination, microaggressions and minority
stress impact Rainbow and Takatāpui people;
• top tips for mental health professionals on including and supporting Rainbow and
Takatāpui people;
• scenario based activities - tailored to the organisation and participants to help guide
learning around practical implementation of Rainbow inclusion in the clinical context; and
• interactive question and answer component - answering key questions of the audience and
providing information about further resources and sources of both local and national
Rainbow support services.
Delivery method (5-hour interactive workshop)
Delivered primarily in face-to-face workshop-style, this longer format of the training will have
interactive components such as:
• terminology matching exercises in smaller groups that facilitate discussion and allow the
facilitators time and opportunity to have one-on-one conversation with attendees to ensure
understanding;
under the Official Information Act 1982
• pair-based activity that allows attendees to practice using different pronouns. Group
reflection on the activity follows;
• facilitated activity that allows people to acquaint themselves with different forms of
discrimination, how they intersect and how they affect the hauora of Rainbow and
Takatāpui communities;
• small-group scenario work - attendees will break into small groups, discuss each scenario
and then come back as a whole group to have a facilitated discussion that reinforces key
learnings, encourages reflective practice and helps to establish consistent staff processes
around Rainbow inclusivity; and
Released
• video resources – which can be used by participants prior to the training sessions, or
afterwards as a reference. During the training session, videos (if used) will be tailored to
the sessions, depending on which identities or experiences the attendees identify as
requiring further clarity.
This workshop could also be delivered online via webinar.
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Group-size
Due to the more interactive nature of this longer workshop, the number of attendees will be limited
to no more than 25 attendees. This version provides opportunities for more one-on-one and more
collaborative in-depth learning. There will be two trainers at each session.
3.4
Post workshop/seminar follow-up
One hour of follow up support will be offered/provided to all organisations these workshops and
seminars are delivered to. This will be at an agreed time period post-training, with additional
support available outside of this contract if the organisation wanted.
This would support the training outcomes to be embedded further within organisations by providing
some accountability and a support person to help with any follow up questions, look over policies or
processes and provide specific advice to the organisation regarding their goals following the
training. For example, this could involve a variety of things such as providing advice on intake
forms or bathroom facilities, providing additional resources, answering questions that come up after
the training.
3.5
Resources
The 5-hour training sessions will be delivered by two facilitators. The shorter (2 hour) training
sessions will be typically be delivered by two facilitators, wherever possible.
A key resource, alongside each workshop/seminar will be the booklet - ‘
Supporting Aotearoa’s
Rainbow People: A guide for mental health professionals’ together with a series of video resources
that will be incorporated into the training.
3.6
Key objectives
Key learning outcomes for participants of this training include:
Participants of the shorter (2 hour) training will:
• have a greater understanding of terminology commonly used in Aotearoa to describe sex,
gender and sexuality, as well as the different cultural contexts that these terms may be
situated in;
• be able to identify key structural and sociocultural factors that have contributed to poorer
mental health and general inequitable health outcomes for Aotearoa’s Rainbow and
Takatāpui communities;
• be aware of ways in which their professional practice and service can be more safe,
inclusive and equitable for Rainbow and Takatāpui service users; and
• have their key questions answered and know where to go to seek further resources and
under the Official Information Act 1982
support, including any local Rainbow support services they can refer clients to.
Participants of the 5-hour workshop, in addition to the above learning outcomes, will also:
• be able to identify key protective factors and sources of resilience for Rainbow and
Takatāpui communities that can help to improve their wellbeing;
• have a sound understanding of key aspects of gender-affirming healthcare and its
connection to the mental health and wellbeing of trans, non-binary and gender diverse
communities in Aotearoa;
• understand how different forms of discrimination can intersect with one another to intensify
Released
mental health and addiction challenges for Rainbow and takatāpui communities, and how
to apply an intersectional approach when supporting these communities; and
• be able to apply the key concepts covered in the training to relevant scenarios based on
real experiences of Rainbow mental health service users.
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3.7
Annual training delivery plan
The provider will develop and submit an annual training delivery plan (Annual Plan) to the Ministry
each year for discussion, revision and approval. In 2021/22 the Annual Plan will start from August
2021 and will focus firstly on services in Wellington and then Auckland; other aspects of the Annual
Plan will be agreed with the Ministry.
3.8
Promotion of the Service
The Service will be promoted and publicised through channels that are most likely to be seen by
mental health and addiction providers and workforces, who are the target of this workforce
development. This will include promotion across relevant health sector networks, online-channels
and other publications.
The Ministry will assist the Provider to promote this training including facilitating necessary
introductions to key organisations that we want training undertaken, and through promoting the
training via existing Ministry communication channels.
3.9
Volumes – training hours
The expected number of delivered training hours as a result of the Ministry’s funding:
Minimum training hours* delivered by the Service per annum
Year 1 (2021/22)
450
Year 2 (2022/23)
450
Year 3 (2023/24)
450
Year 4 (2024/25)
450
Definition of ‘Training hours’ – ‘training hours’ is the total of the number of courses delivered
multiplied by the duration of the respective course types. For example, 10 x long courses (@5
hours) and 5 x short courses (@2 hours) would add up to a total of 60 training hours (50 total
hours of long courses + 10 total hours of short courses).
3.10
Co-ordination with other workforce programmes
The Provider will work with the Ministry and providers of other workforce development programmes
to ensure the training is delivered in a cohesive way and as part of the Ministry’s overall workforce
development programme for the mental health and addictions workforce.
under the Official Information Act 1982
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Critical service factors
The critical service factors are:
Key Supporting Activity
Critical Success Factors
Annual training planning –
An annual training delivery plan is compiled and
agree plan
presented for Ministry sign-off prior to the start of each
training year (each year will start in July).
Effective application of learning
Key learning outcomes are achieved - contribute to
outcomes back in the
improved mental wellbeing outcomes for Rainbow
workplace
communities through safe, inclusive and supportive
mental health and addiction services that are
responsive to the needs of Rainbow communities.
Participant feedback
Feedback from participants is captured and analysed
and the findings used to inform course development
and improvement activities.
Stakeholder engagement
Proactive marketing of the training drives demand and
the agreed level of training activity (courses booked
and volumes of training hours).
under the Official Information Act 1982
Released
Ministry of Health
Part 3: Service Schedules
Standard Contract v1
F: Service Specification
Page 43
InsideOUT Koaro
992523 / 368171/00
4
Reporting
The provider will report the following requirements
:
Reporting
Reporting Description
Reporting
Requirement
Frequency
Outputs – training
• Number of 2-hour courses delivered by Quarterly
delivery (once
location
delivery is
• Number of individual attendees at the
operational)
2-hour programme by provider and
against the agree
service type (NGO/DHB/PHO/Other,
training plan
Adult/Youth/Older Adult/Kaupapa
Māori/Pacific/Specialist/Primary level)
• Number of 5-hour courses delivered by
location
• Number of individual attendees at the
5- hour programme by provider and
service type (NGO/DHB/PHO/Other,
Adult/Youth/Older Adult/Kaupapa
Māori/Pacific/Specialist/Primary level)
• Total hours of course delivery
• Number of courses booked, for future
delivery
Outcomes
• Summary of analysis of feedback from Quarterly
participants and improvements being
made to training based on participant
feedback.
Narrative
• Implementation activities during
Quarterly
service establishment phase
• Overview of promotional activities
• Engagement with sector and/or MH&A
Report high level-
services and providers (for promotion
Narrative
and booking of courses)
• Any issues
under the Official Information Act 1982
4.1
Reporting timeframes
The Provider will report to the Ministry as per the reporting frequency outlined in the Table above.
Performance monitoring reports will be sent to the Contract Manager and copied to
[email address].
4.2
Additional Reporting
Released
From time to time the Ministry may request ad-hoc information. The Provider agrees to provide this
in a timely manner.
Ministry of Health
Part 3: Service Schedules
Standard Contract v1
F: Service Specification
Page 44
InsideOUT Koaro
992523 / 368171/00
5
Payments
5.1
Contribution towards implementation costs
The Ministry will make a on-off contribution towards implementation costs. This one-off
contribution towards implementation costs is for for recruitment, promotion, training, consultation
with workforce centres and other mental health and addictions workforce competency training
providers. It also covers other requirements deemed necessary.
5.2
Fixed fees for training
The fixed-fee for this service is 9(2)(b)(ii) (plus GST if applicable) per year, for up to four years. A
total of up to 9(2)(b)(ii) This fixed-fee is ‘fully inclusive’, including overheads and travel costs. The
9(2)(b)(ii) per annum is based on a minimum of 450 hours of training delivered per year.
Fees will be paid in-advance and in two six-monthly instalments per year.
Payment is dependent on delivery of the services set out in Section 3, and in accordance with the
reporting requirements set out in Section 5.
5.3
Payments schedule
The funding will be paid in instalments. First payment (implementation) will be on signing of this
Agreement.
Service training period
Service
Invoice Due Date Total Price
Description
($ exc. GST)
Implementation
One-off
On signing
9(2)(b)(ii)
implementation
funding
July 2021 to December 2021
Training delivery
30 June 2021
January 2022 to June 2022
Training delivery
30 January 2022
July 2022 to December 2022
Training delivery
30 July 2022
January 2023 to June 2023
Training delivery
30 January 2023
July 2023 to December 2023
Training delivery
30 July 2023
January 2024 to June 2024
Training delivery
30 January 2024
July 2024 to December 2024
Training delivery
30 July 2024
January 2025 to June 2025
Training delivery
30 January 2025
under the Official Information Act 1982
Total
5.4
Repayment of unspent funds
Payment is dependent on delivery of the services, including receipt of satisfactory performance and
financial reporting.
Where funding has not been utilised at the end of a financial year, due to lower than expected
Released
training delivery (substantially low training hours delivered against the 450 hours contracted per
year), the Provider will agree a reinvestment plan with the Ministry to reinvest any operating
surplus. If a reinvestment plan is not agreed by the Ministry, the Provider will repay the operating
surplus to the Ministry of Health. For the purposes of this clause, ‘operating surplus’ means an
agreed prorated amount based on the hours delivered below the agreed annual target of training
hours.
Ministry of Health
Part 3: Service Schedules
Standard Contract v1
F: Service Specification
Page 45
InsideOUT Koaro
992523 / 368171/00
6
Sub-contracting
There is no sub-contracting anticipated under this contract. InsideOUT Kōaro will seek the
Ministry’s express permission to sub-contract any services.
7
Intellectual Property
Any new intellectual property (IP) developed for the Service by you will vest with you. However,
you and the Ministry will each be free to develop or use any techniques, ideas, concepts or know-
how that has more general application.
under the Official Information Act 1982
Released
Ministry of Health
Part 3: Service Schedules
Standard Contract v1
F: Service Specification
Page 46
992523 / 368171/01
Provider No. / Contract No.
Variation to Agreement
between
Private Bag 92522
PO Box 1031
PO Box 5013
Wellesley Street
Waikato Mail Centre
Lambton Quay
Auckland 1141
Hamilton 3240
Wellington 6140
PO Box 3877
Private Bag 1942
Christchurch 8140
Dunedin 9058
Contact:
Sue Dashfield
and
InsideOUT Koaro
Rainbow Competency Training
607A Marine Drive
Lower Hutt
Wellington
under the Official Information Act 1982
9(2)(g)(ii)
Contact:
Released
InsideOUT Koaro
992523 / 368171/01
CONTENTS OF THIS AGREEMENT
A:
SUMMARY
2
B:
PROVIDER SPECIFIC TERMS AND CONDITIONS
3
under the Official Information Act 1982
Released
Te Whatu Ora - Health New Zealand
Variation
Page 1
InsideOUT Koaro
992523 / 368171/01
A:
SUMMARY
A1
Definitions
a.
“we”, “us”, “our” means Te Whatu Ora - Health New Zealand
b.
“you”, “your” means InsideOUT Koaro
c.
“either of us” means either we or you
d.
“both of us” means both we and you
A2
The Agreement
In 2021 both of us entered into a Health and Disability Services Agreement (the Agreement).
The Agreement commenced on 1 June 2021 and ended on 30 June 2025 and was
numbered (992523 / 368171/00).
A3
Variation
This is the 01 variation to the Agreement and changes the Agreement price. This variation
to the Agreement begins on 01 July 2022 and ends on 30 June 2025.
A4
Section B
The attached Section B includes all of the adjustments to this Agreement as a result of this
variation.
A5
Remainder of Agreement
The remaining terms and conditions of the Agreement are confirmed in all respects except
for the variations as set out in this document.
A6
Signatures
Please confirm your acceptance of the Agreement by signing where indicated below.
For
Te Whatu Ora - Health New Zealand:
For
InsideOUT Koaro:
9(2)(g)(ii)
under the Official Information Act 1982
9(2)(g)(ii)
(signature)
(signature)
Name
.............................
Nam
................
Position ......................................................
Manager, Primary and Community Wellbeing
Posit
................
22 September 2022
13/09/22
Date ...........................................................
Date ............................................................
Released
Te Whatu Ora - Health New Zealand
Variation
Page 2
InsideOUT Koaro
992523 / 368171/01
B:
PROVIDER SPECIFIC TERMS AND
CONDITIONS
B1
It is agreed that the following details apply to this Variation
Legal Entity Name
InsideOUT Koaro
Legal Entity Number
992523
Contract Number
368171 / 01
Variation Commencement Date
01 July 2022
Variation End Date
30 June 2025
B2
Details of all purchase units which apply to this Variation
Purchase Unit (PU ID)
Total Price
GST Rate
Payment
excl. GST
(%)
Type
HWMHA Mental Health and Addictions Workforce
9(2)(b)(ii)
15
CMS
Development - Access and Choice
Total price for the Service Schedule
PAYMENT DETAILS
B3
Price
B3.1
The price we will pay for the Service you provide is specified above. Note that all prices are
exclusive of GST.
B4
Invoicing
B4.1
We will pay you on the dates set out in the Payment Schedule below for the services you
provide in each invoice period so long as we receive a valid GST tax invoice from you. The
under the Official Information Act 1982
invoice must meet all legal requirements and must contain the following information:
a.
provider name (legal entity name)
b.
provider number (legal entity number)
c.
provider invoice number
d.
contract number
e.
purchase unit number or a description of the service being provided
f.
date the invoice is due to be paid/date payment expected
Released
g.
dollar amount to be paid
h.
period the service was provided
i.
volume, if applicable
j.
GST rate
k.
GST number
l.
full name of funder
Te Whatu Ora - Health New Zealand
Variation
Page 3
InsideOUT Koaro
992523 / 368171/01
If we do not receive an invoice from you by the date specified in the payment schedule
below, then we will pay you within 20 days after we receive the invoice.
B5
Invoicing Address
Send invoices to:
[email address]
or post to:
Te Whatu Ora - Health New Zealand
Provider Payments
Private Bag 1942
Dunedin 9054
B6
Payment Schedule
Payments will be
On invoices received
For services supplied in the
Amount
made by us on these
by us on or before:
period:
(excl GST)
dates:
1 August 2022
10 July 2022
July 2022 to December 2022
9(2)(b)(ii)
30 January 2023
10 January 2023
January 2023 to June 2023
31 July 2023
11 July 2023
July 2023 to December 2023
30 January 2024
10 January 2024
January 2024 to June 2024
30 July 2024
10 July 2024
July 2024 to December 2024
30 January 2025
10 January 2025
January 2025 to June 2025
Total
B7
Children’s Act 2014
According to section 15 of the Children’s Act 20141, children’s services cover the fol owing:
•
services provided to one or more children
•
services to adults in respect of one or more children
NB At a future date, the scope of children's services can be expanded by regulations.
Expansion may include services to adults which could significantly affect the well-being of
children in that household.
Child Protection Policy
If you provide children’s services as per section 15 of the Children’s Act 2014 you will adopt
a child protection policy as soon as practicable and review the policy within three years from
under the Official Information Act 1982
the date of its adoption or most recent review. Thereafter, you will review the policy at least
every three years. In accordance with the requirements set out in section 19(a) and (b) of
the Children’s Act 2014, your child protection policy must apply to the provision of children’s
services (as defined in section 15 of the Act), must be written and must contain provisions on
the identification and reporting of child abuse and neglect in accordance with section 15 of
the Oranga Tamariki Act 1989.
Worker Safety Checks
If you have workers that provide children's services, the safety check requirements under the
Released
Children’s (Requirements for Safety Checks of Children's Workers) Regulations 2015 will
need to be complied with.2
1
http://www.legislation.govt.nz/act/public/2014/0040/latest/DLM5501618.html
2
http://www.legislation.govt.nz/regulation/public/2015/0106/latest/DLM6482241.html
Te Whatu Ora - Health New Zealand
Variation
Page 4
992523 / 368171/02
Provider No. / Contract No.
Variation to Agreement
between
PO Box 793
Wellington 6140
Contact:
9(2)(g)(ii)
and
InsideOUT Koaro
Rainbow Competency Training
607A Marine Drive
Lower Hutt
Wellington
Contact:
9(2)(g)(ii)
under the Official Information Act 1982
Released
InsideOUT Koaro
992523 / 368171/02
CONTENTS OF THIS AGREEMENT
A:
SUMMARY
2
B:
PROVIDER SPECIFIC TERMS AND CONDITIONS
3
under the Official Information Act 1982
Released
Te Whatu Ora - Health New Zealand
Variation
Page 1
InsideOUT Koaro
992523 / 368171/02
A:
SUMMARY
A1
Definitions
a.
“we”, “us”, “our” means Te Whatu Ora - Health New Zealand
b.
“you”, “your” means InsideOUT Koaro
c.
“either of us” means either we or you
d.
“both of us” means both we and you
A2
The Agreement
In 2021 both of us entered into a Health and Disability Services Agreement (the Agreement).
The Agreement commenced on 1 June 2021 and ends on 30 June 2025 and is numbered
(992523 / 368171/00).
A3
Variation
This is the 02 variation to the Agreement and changes the Agreement price. This variation
to the Agreement begins on 01 July 2023 and ends on 30 June 2025.
A4
Section B
The attached Section B includes all of the adjustments to this Agreement as a result of this
variation.
A5
Remainder of Agreement
The remaining terms and conditions of the Agreement are confirmed in all respects except
for the variations as set out in this document.
A6
Signatures
Please confirm your acceptance of the Agreement by signing where indicated below.
For
Te Whatu Ora - Health New Zealand:
For
InsideOUT Koaro:
under the Official Information Act 1982
9(2)(g)(ii)
(signature)
(signature)
Sue Dashfield
Name .........................................................
Na
.................
Programme Director
Position ......................................................
Pos
.................
29 August 2023
29/08/23
Date ...........................................................
Date ............................................................
Released
Te Whatu Ora - Health New Zealand
Variation
Page 2
InsideOUT Koaro
992523 / 368171/02
B:
PROVIDER SPECIFIC TERMS AND
CONDITIONS
B1
It is agreed that the following details apply to this Variation
Legal Entity Name
InsideOUT Koaro
Legal Entity Number
992523
Contract Number
368171 / 02
Variation Commencement Date
01 July 2023
Variation End Date
30 June 2025
B2
Details of all purchase units which apply to this Variation
Purchase Unit (PU ID)
Total Price
GST
Payment
excl. GST
Rate
Type
(%)
HWMHA Mental Health and Addictions Workforce Development 9(2)(b)(ii)
15
CMS
Total price for the Service Schedule
PAYMENT DETAILS
B3
Price
B3.1
The price we will pay for the Service you provide is specified above. Note that all prices are
exclusive of GST.
B4
Invoicing
B4.1
We will pay you on the dates set out in the Payment Schedule below for the services you
provide in each invoice period so long as we receive a valid GST tax invoice from you. The
invoice must meet all legal requirements and must contain the following information:
under the Official Information Act 1982
a.
provider name (legal entity name)
b.
provider number (legal entity number)
c.
provider invoice number
d.
contract number
e.
purchase unit number or a description of the service being provided
f.
date the invoice is due to be paid/date payment expected
g.
dollar amount to be paid
h.
period the service was provided
Released
i.
volume, if applicable
j.
GST rate
k.
GST number
l.
full name of funder
Te Whatu Ora - Health New Zealand
Variation
Page 3
InsideOUT Koaro
992523 / 368171/02
If we do not receive an invoice from you by the date specified in the payment schedule
below, then we will pay you within 20 days after we receive the invoice.
B5
Invoicing Address
Send invoices to:
[email address]
or post to:
Te Whatu Ora - Health New Zealand
Provider Payments
Private Bag 1942
Dunedin 9054
B6
Payment Schedule
Payments will be
On invoices received
For services supplied in the
Amount
made by us on
by us on or before:
period:
(excl GST)
these dates:
31 July 2023
30 June 2023
1 July 2023 to 31 December 2023
9(2)(b)(ii)
30 January 2024
31 December 2023
1 January 2024 to 30 June 2024
30 July 2024
30 June 2024
1 July 2024 to 31 December 2024
30 January 2025
31 December 2024
1 January 2025 to 30 June 2025
Total
B7
Variation
This Variation applies a 5.00 percent per annum cost pressures uplift from 1 July 2023 to the
end of the term of this Agreement. The uplift has been applied to the per annum contract
value.
This Variation applies the uplift funding increase only and does not amend any service
delivery components specified in the base Agreement and/or its Variation/s. The uplift is
being applied to address cost pressures within your service and is separate to any other pay
disparity process which is underway.
The payment table in this Variation reflects the additional funding for the cost pressures uplift
only. Providers will submit an invoice in conjunction with the base Agreement and/or its
Variation/s. This includes combining payments across the base Agreement and/or its
Variation/s and submitting one invoice for each service period / invoicing period.
under the Official Information Act 1982
As signalled in the May 2023 letter from the National Director, Commissioning, there is a
“strong expectation that your organisation wil pass on as much of the funding uplift to your
frontline and administrative workforce as possible and that throughout 2023/24 and beyond,
you will work with us to align your efforts to support the priorities that will emerge from the
localities place-based planning approach currently being rolled out across the motu. As the
roll out progresses, we will work with you to make sure you are able to contribute to locality
provider networks as they emerge”.
B8
Children’s Act 2014
Released
According to section 15 of the Children’s Act 20141, children’s services cover the fol owing:
•
services provided to one or more children
•
services to adults in respect of one or more children
1
http://www.legislation.govt.nz/act/public/2014/0040/latest/DLM5501618.html
Te Whatu Ora - Health New Zealand
Variation
Page 4
InsideOUT Koaro
992523 / 368171/02
NB At a future date, the scope of children's services can be expanded by regulations.
Expansion may include services to adults which could significantly affect the well-being of
children in that household.
Child Protection Policy
If you provide children’s services as per section 15 of the Children’s Act 2014 you will adopt
a child protection policy as soon as practicable and review the policy within three years from
the date of its adoption or most recent review. Thereafter, you will review the policy at least
every three years. In accordance with the requirements set out in section 19(a) and (b) of
the Children’s Act 2014, your child protection policy must apply to the provision of children’s
services (as defined in section 15 of the Act), must be written and must contain provisions on
the identification and reporting of child abuse and neglect in accordance with section 15 of
the Oranga Tamariki Act 1989.
Worker Safety Checks
If you have workers that provide children's services, the safety check requirements under the
Children’s (Requirements for Safety Checks of Children's Workers) Regulations 2015 will
need to be complied with.2
under the Official Information Act 1982
Released
2
http://www.legislation.govt.nz/regulation/public/2015/0106/latest/DLM6482241.html
Te Whatu Ora - Health New Zealand
Variation
Page 5
Document Outline