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Actions for Contracting non-government organisations

Contracting non-government organisations

Community Services
Compliance
Fraud
Management and administration
Procurement
Regulation
Service delivery

This report found the Department of Family and Community Services (FACS) needs to do more to demonstrate it is effectively and efficiently contracting NGOs to deliver community services in the Permanency Support Program (a component of out-of-home-care services) and Specialist Homelessness Services. It notes that FACS is moving to an outcomes-based commissioning model and recommends this be escalated consistent with government policy.

Government agencies, such as the Department of Family and Community Services (FACS), are increasingly contracting non-government organisations (NGOs) to deliver human services in New South Wales. In doing so, agencies are responsible for ensuring these services are achieving expected outcomes. Since the introduction of the Commissioning and Contestability Policy in 2016, all NSW Government agencies are expected to include plans for customer and community outcomes and look for ways to use contestability to raise standards.

Two of the areas receiving the greatest funding from FACS are the Permanency Support Program and Specialist Homelessness Services. In the financial year 2017–18, nearly 500 organisations received $784 million for out-of-home care programs, including the Permanency Support Program. Across New South Wales, specialist homelessness providers assist more than 54,000 people each year and in the financial year 2017–18, 145 organisations received $243 million for providing short term accommodation and homelessness support, including Specialist Homelessness Services.

In the financial year 2017–18, FACS entered into 230 contracts for out-of-home care, of which 49 were for the Permanency Support Program, representing $322 million. FACS also entered into 157 contracts for the provision of Specialist Homelessness Services which totalled $170 million. We reviewed the Permanency Support Program and Specialist Homelessness Services for this audit.

This audit assessed how effectively and efficiently FACS contracts NGOs to deliver community services. The audit could not assess how NGOs used the funds they received from FACS as the Audit Office does not have a mandate that could provide direct assurance that NGOs are using government funds effectively.

Conclusion
FACS cannot demonstrate it is effectively and efficiently contracting NGOs to deliver community services because it does not always use open tenders to test the market when contracting NGOs, and does not collect adequate performance data to ensure safe and quality services are being provided. While there are some valid reasons for using restricted tenders, it means that new service providers are excluded from consideration - limiting contestability. In the service delivery areas we assessed, FACS does not measure client outcomes as it has not yet moved to outcomes-based contracts. 
FACS' procurement approach sometimes restricts the selection of NGOs for the Permanency Support Program and Specialist Homelessness Services
FACS has a procurement policy and plan which it follows when contracting NGOs for the provision of human services. This includes the option to use restricted tenders, which FACS sometimes uses rather than opening the process to the market. The use of restricted tenders is consistent with its procurement plan where there is a limited number of possible providers and the services are highly specialised. However, this approach perpetuates existing arrangements and makes it very difficult for new service providers to enter the market. The recontracting of existing providers means FACS may miss the opportunity to benchmark existing providers against the whole market. 
FACS does not effectively use client data to monitor the performance of NGOs funded under the Permanency Support Program and Specialist Homelessness Services
FACS' contract management staff monitor individual NGO performance including safety, quality of services and compliance with contract requirements. Although FACS does provide training materials on its intranet, FACS does not provide these staff with sufficient training, support or guidance to monitor NGO performance efficiently or effectively. FACS also requires NGOs to self-report their financial performance and contract compliance annually. FACS verifies the accuracy of the financial data but conducts limited validation of client data reported by NGOs to verify its accuracy. Instead, FACS relies on contract management staff to identify errors or inaccurate reporting by NGOs.
FACS' ongoing monitoring of the performance of providers under the Permanency Support Program is particularly limited due to problems with timely data collection at the program level. This reduces FACS' ability to monitor and analyse NGO performance at the program level as it does not have access to ongoing performance data for monitoring service quality.
In the Specialist Homelessness Services program, FACS and NGOs both provide the data required for the National Minimum Data Set on homelessness and provide it to the Australian Institute of Health and Welfare, as they are required to do. However, this data is not used for NGO performance monitoring or management.
FACS does not yet track outcomes for clients of NGOs
FACS began to develop an approach to outcomes-based contracting in 2015. Despite this, none of the contracts we reviewed are using outcomes as a measure of success. Currently, NGOs are required to demonstrate their performance is consistent with the measures stipulated in their contracts as part of an annual check of their contract compliance and financial accounts. NGOs report against activity-based measures (Key Performance Indicators) and not outcomes.
FACS advises that the transition to outcomes-based contracting will be made with the new rounds of funding which will take place in 2020–2021 for Specialist Homelessness Services and 2023 for the Permanency Support Program. Once these contracts are in place, FACS can transition NGOs to outcomes based reporting.
Incomplete data limits FACS' effectiveness in continuous improvement for the Permanency Support Program and Specialist Homelessness Services
FACS has policies and procedures in place to learn from past experiences and use this to inform future contracting decisions. However, FACS has limited client data related to the Permanency Support Program which restricts the amount of continuous improvement it can undertake. In the Specialist Homelessness Support Program data is collected to inform routine contract management discussions with service providers but FACS is not using this data for continuous improvement. 

Appendix one – Response from agency

Appendix two – About the audit

Appendix three – Performance auditing

 

Parliamentary Reference: Report number #323 - released 26 June 2019

Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Published

Actions for Workforce reform in three amalgamated councils

Workforce reform in three amalgamated councils

Local Government
Management and administration
Project management
Workforce and capability

The Inner West Council and the Snowy Monaro and Queanbeyan-Palerang Regional Councils have all made progress towards efficient organisational structures following the amalgamation of their former council areas in 2016, according to a report released today by the Auditor-General of New South Wales.

All three councils are now operating with a single workforce and have largely achieved the milestones they planned for the first stage of their amalgamations. None have finished reviewing and aligning services across their former council areas nor integrated their ICT systems. They need to do this to be in a position to implement an optimal structure. 

 

On 12 May 2016, the NSW Government announced the amalgamation of 42 councils into 19 new councils. This followed a period of 18 months during which the NSW Independent Pricing and Regulatory Tribunal (IPART) had assessed councils' ‘fitness for the future’, and communities were consulted about proposed mergers. A further amalgamated council was created on 9 September 2016.

Upon amalgamation, existing elected councils were abolished, interim General Managers appointed, and Administrators engaged to undertake the role of the previously elected councils until Local Government elections were held 18 months later. During the period of administration, councils were asked to report on the progress of their amalgamations to the Department of Premier and Cabinet (DPC).

Council amalgamations not only require a re-drawing of boundaries, but re-establishment of local representation, decisions about alignment of services across the former council areas, and establishment of an amalgamated workforce.

The objective of this audit was to assess whether three councils, Inner West Council, Queanbeyan-Palerang Regional Council and Snowy Monaro Regional Council, are effectively reforming their organisation structures to realise efficiency benefits from amalgamation and managing the impact on staff.

Conclusion
The three councils we examined have made progress towards an efficient organisation structure.

Following amalgamation, all three councils developed detailed plans to bring their former workforces together, review positions and salaries, amalgamate salary structures and align human resources policies. All three councils have largely achieved the milestones included in these plans.
Benefits realisation plans show that councils did not expect to achieve material savings or efficiencies from workforce reform within the first three years of amalgamation.
Two councils do not clearly report on whether their reform initiatives are achieving benefits.

Administrators at all three councils endorsed lower savings targets than the NSW Government’s early analysis suggested may be possible. All three councils have plans or strategies to progress and achieve benefits from the amalgamation. However, Inner West Council and Snowy Monaro Regional Council could more clearly link their reform initiatives with expected benefits and include this in public reporting.

Amalgamations represent a substantial period of change for affected communities and amalgamated councils should be routinely reporting to their communities about the costs and benefits of amalgamation.

Councils have not yet determined their future service offerings and service levels nor completed integration of ICT systems. These decisions need to be made before an optimal organisation structure can be implemented.

Before amalgamated councils can implement an optimal organisation structure, they need to review and confirm their customer service offerings and service levels in consultation with their communities. This work is underway but is not yet complete in any of the councils.

Progress towards an efficient structure has been slowed by staff protections in the Local Government Act 1993 (the Act) and a range of logistical and administrative issues associated with amalgamation. These include multiple IT systems and databases that need to be integrated and different working conditions, policies and practices in the former councils that are not yet fully
harmonised.

The councils implemented legislated staff protections and focused on the people side of change but cannot reliably measure the impact of their change management efforts.

The Act provides protections that reduce the impact of amalgamations on staff. Beyond implementing these protections, the councils have communicated with staff, sought to prepare them for change, and involved staff in key decisions. All councils have conducted staff surveys over time. However, at this stage these staff surveys have not provided an effective or reliable measure of the impact of change management efforts. 

Published

Actions for Managing Antisocial behaviour in public housing

Managing Antisocial behaviour in public housing

Community Services
Asset valuation
Infrastructure
Regulation
Service delivery
Workforce and capability

The Department of Family and Community Services (FACS) has not adequately supported or resourced its staff to manage antisocial behaviour in public housing according to a report released today by the Deputy Auditor-General for New South Wales, Ian Goodwin. 

In recent decades, policy makers and legislators in Australian states and territories have developed and implemented initiatives to manage antisocial behaviour in public housing environments. All jurisdictions now have some form of legislation or policy to encourage public housing tenants to comply with rules and obligations of ‘good neighbourliness’. In November 2015, the NSW Parliament changed legislation to introduce a new approach to manage antisocial behaviour in public housing. This approach is commonly described as the ‘strikes’ approach. 

When introduced in the NSW Parliament, the ‘strikes’ approach was described as a means to:

  • improve the behaviour of a minority of tenants engaging in antisocial behaviour 
  • create better, safer communities for law abiding tenants, including those who are ageing and vulnerable.

FACS has a number of tasks as a landlord, including a responsibility to collect rent and organise housing maintenance. FACS also has a role to support tenants with complex needs and manage antisocial behaviour. These roles have some inherent tensions. The FACS antisocial behaviour management policy aims are: 

to balance the responsibilities of tenants, the rights of their neighbours in social housing, private residents and the broader community with the need to support tenants to sustain their public housing tenancies.

This audit assessed the efficiency and effectiveness of the ‘strikes’ approach to managing antisocial behaviour in public housing environments.

We examined whether:

  • the approach is being implemented as intended and leading to improved safety and security in social housing environments
  • FACS and its partner agencies have the capability and capacity to implement the approach
  • there are effective mechanisms to monitor, report and progressively improve the approach.
Conclusion

FACS has not adequately supported or resourced its staff to implement the antisocial behaviour policy. FACS antisocial behaviour data is incomplete and unreliable. Accordingly, there is insufficient data to determine the nature and extent of the problem and whether the implementation of the policy is leading to improved safety and security

FACS management of minor and moderate incidents of antisocial behaviour is poor. FACS has not dedicated sufficient training to equip frontline housing staff with the relevant skills to apply the antisocial behaviour management policy. At more than half of the housing offices we visited, staff had not been trained to:

  • conduct effective interviews to determine whether an antisocial behaviour complaint can be substantiated

  • de escalate conflict and manage complex behaviours when required

  • properly manage the safety of staff and tenants

  • establish information sharing arrangements with police

  • collect evidence that meets requirements at the NSW Civil and Administrative Tribunal

  • record and manage antisocial behaviour incidents using the information management system HOMES ASB.

When frontline housing staff are informed about serious and severe illegal antisocial behaviour incidents, they generally refer them to the FACS Legal Division. Staff in the Legal Division are trained and proficient in managing antisocial behaviour in compliance with the policy and therefore, the more serious incidents are managed effectively using HOMES ASB. 


FACS provides housing services to most remote townships via outreach visits from the Dubbo office. In remote townships, the policy is not being fully implemented due to insufficient frontline housing staff. There is very limited knowledge of the policy in these areas and FACS data shows few recorded antisocial behaviour incidents in remote regions. 


The FACS information management system (HOMES ASB) is poorly designed and has significant functional limitations that impede the ability of staff to record and manage antisocial behaviour. Staff at most of the housing offices we visited were unable to accurately record antisocial behaviour matters in HOMES ASB, making the data incorrect and unreliable.

Published

Actions for Council reporting on service delivery

Council reporting on service delivery

Local Government
Compliance
Internal controls and governance
Management and administration
Service delivery

New South Wales local government councils’ could do more to demonstrate how well they are delivering services in their reports to the public, according to a report released today by the Auditor-General for New South Wales, Margaret Crawford. Many councils report activity, but do not report on outcomes in a way that would help their communities assess how well they are performing. Most councils also did not report on the cost of services, making it difficult for communities to see how efficiently they are being delivered. And councils are not consistently publishing targets to demonstrate what they are striving for.

I am pleased to present my first local government performance audit pursuant to section 421D of the Local Government Act 1993.

My new mandate supports the Parliament’s objectives to:

  • strengthen governance and financial oversight in the local government sector
  • improve financial management, fiscal responsibility and public accountability for how councils use citizens’ funds.

Performance audits aim to help councils improve their efficiency and effectiveness. They will also provide communities with independent information on the performance of their councils.

For this inaugural audit in the local government sector, I have chosen to examine how well councils report to their constituents about the services they provide.

In this way, the report will enable benchmarking and provide improvement guidance to all councils across New South Wales.

Specific recommendations to drive improved reporting are directed to the Office of Local Government, which is the regulator of councils in New South Wales.

Councils provide a range of services which have a direct impact on the amenity, safety and health of their communities. These services need to meet the needs and expectations of their communities, as well as relevant regulatory requirements set by state and federal governments. Councils have a high level of autonomy in decisions about how and to whom they provide services, so it is important that local communities have access to information about how well they are being delivered and meeting community needs. Ultimately councils should aim to ensure that reporting performance is subject to quality controls designed to provide independent assurance.

Conclusion
While councils report on outputs, reporting on outcomes and performance over time can be improved. Improved reporting would include objectives with targets that better demonstrate performance over time. This would help communities understand what services are being delivered, how efficiently and effectively they are being delivered, and what improvements are being made.
To ensure greater transparency on service effectiveness and efficiency, the Office of Local Government (OLG) should work with councils to develop guidance principles to improve reporting on service delivery to local communities. This audit identified an interest amongst councils in improving their reporting and broad agreement with the good practice principles developed as part of the audit.
The Integrated Planning and Reporting Framework (the Framework), which councils are required to use to report on service delivery, is intended to promote better practice. However, the Framework is silent on efficiency reporting and provides limited guidance on how long-term strategic documents link with annual reports produced as part of the Framework. OLG's review of the Framework, currently underway, needs to address these issues.
OLG should also work with state agencies to reduce the overall reporting burden on councils by consolidating state agency reporting requirements. 

Councils report extensively on the things they have done, but minimally on the outcomes from that effort, efficiency and performance over time.

Councils could improve reporting on service delivery by more clearly relating the resources needed with the outputs produced, and by reporting against clear targets. This would enable communities to understand how efficiently services are being delivered and how well councils are tracking against their goals and priorities.

Across the sector, a greater focus is also needed on reporting performance over time so that communities can track changes in performance and councils can demonstrate whether they are on target to meet any agreed timeframes for service improvements.

The degree to which councils demonstrate good practice in reporting on service delivery varies greatly between councils. Metropolitan and regional town and city councils generally produce better quality reporting than rural councils. This variation indicates that, at least in the near-term, OLG's efforts in building capability in reporting would be best directed toward rural councils.

Recommendation

By mid-2018, OLG should:

  • assist rural councils to develop their reporting capability.

The Framework which councils are required to use to report on service delivery, is intended to drive good practice in reporting. Despite this, the Framework is silent on a number of aspects of reporting that should be considered fundamental to transparent reporting on service delivery. It does not provide guidance on reporting efficiency or cost effectiveness in service delivery and provides limited guidance on how annual reports link with other plans produced as part of the Framework. OLG's review of the Framework, currently underway, needs to address these issues.

Recommendation

By mid-2018, OLG should:

  • issue additional guidance on good practice in council reporting, with specific information on:
    • reporting on performance against targets
    • reporting on performance against outcome
    • assessing and reporting on efficiency and cost effectiveness
    • reporting performance over time
    • clearer integration of all reports and plans that are required by the Framework, particularly the role of End of Term Reporting
    • defining reporting terms to encourage consistency.

The Framework is silent on inclusion of efficiency or cost effectiveness indicators in reports

The guidelines produced by OLG in 2013 to assist councils to implement their Framework requirements advise that performance measures should be included in all plans. However, the Framework does not specifically state that efficiency or cost effectiveness indicators should be included as part of this process. This has been identified as a weakness in the 2012 performance audit report and the Local Government Reform Panel review of reporting by councils on service delivery.

The Framework and supporting documents provide limited guidance on reporting

Councils' annual reports provide a consolidated summary of their efforts and achievements in service delivery and financial management. However, OLG provides limited guidance on:

  • good practice in reporting to the community
  • how the annual report links with other plans and reports required by the Framework.

Further, the Framework includes both Annual and End of Term Reports. However, End of Term reports are published prior to council elections and are mainly a consolidation of annual reports produced during a council’s term. The relationship between Annual reports and End of Term reports is not clear.

OLG is reviewing the Framework and guidance

OLG commenced work on reviewing of the Framework in 2013 but this was deferred with work re‑starting in 2017. The revised guidelines and manual were expected to be released late in 2017.

OLG should build on the Framework to improve guidance on reporting on service delivery, including in annual reports

The Framework provides limited guidance on how best to report on service delivery, including in annual reports. It is silent on inclusion of efficiency or cost effectiveness indicators in reporting, which are fundamental aspects of performance reporting. Councils we consulted would welcome more guidance from OLG on these aspects of reporting.

Our consultation with councils highlighted that many council staff would welcome a set of reporting principles that provide guidance to councils, without being prescriptive. This would allow councils to tailor their approach to the individual characteristics, needs and priorities of their local communities.

Consolidating what councils are required to report to state agencies would reduce the reporting burden and enable councils to better report on performance. Comparative performance indicators are also needed to provide councils and the public with a clear understanding of councils' performance relative to each other.

Recommendations

By mid-2018, OLG should:

  • commence work to consolidate the information reported by individual councils to NSW Government agencies as part of their compliance requirements.
  • progress work on the development of a Performance Measurement Framework, and associated performance indicators, that can be used by councils and the NSW Government in sector-wide performance reporting.

Streamlining the reporting burden would help councils improve reporting

The NSW Government does not have a central view of all local government reporting, planning and compliance obligations. A 2016 draft IPART ‘Review of reporting and compliance burdens on Local Government’ noted that councils provide a wide range of services under 67 different Acts, administered by 27 different NSW Government agencies. Consolidating and coordinating reporting requirements would assist with better reporting over time and comparative reporting. It would also provide an opportunity for NSW Government agencies to reduce the reporting burden on councils by identifying and removing duplication.

Enabling rural councils to perform tailored surveys of their communities may be more beneficial than a state-wide survey in defining outcome indicators

Some councils use community satisfaction survey data to develop outcome indicators for reporting. The results from these are used by councils to set service delivery targets and report on outcomes. This helps to drive service delivery in line with community expectations. While some regional councils do conduct satisfaction surveys, surveys are mainly used by metropolitan councils which generally have the resources needed to run them.

OLG and the Department of Premier and Cabinet have explored the potential to conduct state-wide resident satisfaction surveys with a view to establishing measures to improve service delivery. This work has drawn from a similar approach adopted in Victoria. Our consultation with stakeholders in Victoria indicated that the state level survey is not sufficiently detailed or specific enough to be used as a tool in setting targets that respond to local circumstances, expectations and priorities. Our analysis of reports and consultation with stakeholders suggest that better use of resident survey data in rural and regional areas may support improvements in performance reporting in these areas. Rural councils may benefit more from tailored surveys of groups of councils with similar challenges, priorities and circumstances than from a standard state-wide survey. These could potentially be achieved through regional cooperation between groups of similar councils or regional groups.

Comparative reporting indicators are needed to enable councils to respond to service delivery priorities of their communities

The Local Government Reform Panel in 2012 identified the need for ‘more consistent data collection and benchmarking to enable councils and the public to gain a clear understanding of how a council is performing relative to their peers’.

OLG commenced work in 2012 to build a new performance measurement Framework for councils which aimed to move away from compliance reporting. This work was also strongly influenced by the approach used in Victoria that requires councils to report on a set of 79 indicators which are reported on the Victorian 'Know your council' website. OLG’s work did not fully progress at the time and several other local government representative bodies have since commenced work to establish performance measurement frameworks. OLG advised us it has recently recommenced its work on this project.

Our consultation identified some desire amongst councils to be able to compare their performance to support improvement in the delivery of services. We also identified a level of frustration that more progress has not been made toward establishment of a set of indicators that councils can use to measure performance and drive improvement in service delivery.

Several councils we spoke with were concerned that the current approaches to comparative reporting did not adequately acknowledge that councils need to tailor their service types, level and mix to the needs of their community. Comparative reporting approaches tend to focus on output measures such as number of applications processed, library loans annually and opening hours for sporting facilities, rather than outcome measures. These approaches risk unjustified and adverse interpretations of performance where councils have made a decision based on community consultation, local priorities and available resources. To mitigate this, it is important to

  • adopt a partnership approach to the development of indicators
  • ensure indicators measure performance, not just level of activity
  • compare performance between councils that are similar in terms of size and location.

It may be more feasible, at least in the short term, for OLG to support small groups of like councils to develop indicators suited to their situation.

Based on our consultations, key lessons from implementing a sector-wide performance indicator framework in Victoria included the benefits of:

  • consolidation of the various compliance data currently being reported by councils to provide an initial platform for comparative performance reporting
  • adopting a partnership approach to development of common indicators with groups of like councils.

Published

Actions for Helping older people access a residential aged care facility

Helping older people access a residential aged care facility

Health
Community Services
Compliance
Internal controls and governance
Management and administration
Risk
Service delivery
Shared services and collaboration
Workforce and capability

Assessment processes for older people needing to go to an Residential Aged Care Facility (RACF) vary depending on the processes of the Aged Care Assessement Teams (ACAT) they see and whether or not they are in hospital. The data collected on ACAT performance was significantly revised during 2004 making comparisons with subsequent years problematic. ACATs have more responsibilities than assessing older people for residential care. It is not clear whether they have sufficient resources for this additional workload.

 

Parliamentary reference - Report number #160 - released 5 December 2006