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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

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Published

Actions for Administering Domestic Waterfront Tenancies

Administering Domestic Waterfront Tenancies

Planning
Transport
Management and administration
Service delivery
Shared services and collaboration

The audit’s overall conclusion is that Lands and Maritime are broadly achieving outcomes consistent with the IPART report on administering domestic waterfront tenancies. But a lack of collaboration between the agencies is contributing to poor customer service. Inconsistencies with the IPART report recommendations and operational differences between the two agencies result in different rents and conditions for tenants in the two agencies. The differences are having a significant impact on customer service.

 

Parliamentary reference - Report number #191 - released 23 September 2009

Published

Actions for Environmental Grants Administration

Environmental Grants Administration

Planning
Environment
Internal controls and governance
Management and administration
Procurement
Shared services and collaboration

We found many aspects of good grants management, particularly in the Trust. All of the programs we looked at are clearly aligned to the Government’s objective to improve environmental outcomes. The Trust also has good practices for allocating grants. Performance in respect of results was mixed although many grants delivered tangible benefits - homes were protected from floods, degraded waterways restored and endangered habitats protected.

Generally we found that while both Department of Environment, Climate Change and Water and the NSW Environmental Trust had a range of strategies to monitor grants these were not always applied consistently or effectively. Grant programs need to be regularly evaluated to see what is working and what can be done better.

 

Parliamentary reference - Report number #190 - released 26 August 2009

Published

Actions for Grants Administration

Grants Administration

Premier and Cabinet
Treasury
Health
Community Services
Planning
Compliance
Internal controls and governance
Management and administration
Procurement
Risk

We found no significant difference in the funding of government and opposition electorates. However, more money was given to electorates that were safely held by the major parties. These seats received $1.29 for every dollar given to marginal and independent seats with government marginals getting the least. Electorates also receive different levels of funding according to which region they are in. Such variations may reflect valid agency objectives such as meeting State Plan targets or addressing socio-economic disadvantage.

But while agencies publish who gets what, they do not adequately evaluate or explain what grant programs have achieved. As a result, there is a risk that New South Wales may not get the best value for its spending. We recommend that agencies regularly evaluate their grant programs and publish the results.

 

Parliamentary reference - Report number #186 - released 6 May 2009

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

Published

Actions for The Cross City Tunnel Project

The Cross City Tunnel Project

Transport
Treasury
Premier and Cabinet
Planning
Environment
Infrastructure
Management and administration
Procurement
Project management
Risk

In our opinion the Government’s ‘no net cost to government’ requirement was a legitimate (but not the only possible) basis for the tunnel bid process. The Government was entitled to decide that tunnel users meet the tunnel costs. Structuring the bid process on the basis of an upfront reimbursement of costs incurred (or to be incurred) by the Roads and Traffic Authority (RTA) was therefore appropriate.

In our opinion, however, the Government, Treasury and the RTA did not sufficiently consider the implications of an upfront payment involving more than simple project cost reimbursement (i.e. the ‘Business Consideration Fee’ component). In addition, the RTA was wrong to change the toll escalation factor late in 2002 to compensate the tunnel operator, Cross City Motorway Pty Ltd, for additional costs.

 

Parliamentary reference - Report number #152 - released 31 May 2006

Published

Actions for Controlling and reducing pollution from industry

Controlling and reducing pollution from industry

Planning
Environment
Compliance
Management and administration
Regulation

The regulatory framework introduced under the Protection of the Environment Operations Act 1997, along with other initiatives progressively being implemented by the Environment Protection Authority (EPA), should enhance the overall effectiveness of environment protection in NSW. The Audit Office is of the opinion that the framework is consistent with best practice and once fully implemented, should contribute to the achievement of further improvements in the environmental performance of industry.

However while the legislative framework supports best practice in regulation and enforcement, there are a number of issues which limit the effectiveness of the reforms. Some of the problems, such as the quality of licences and the effectiveness of compliance activities, have been identified by the EPA and may be addressed through recent initiatives.

 

Parliamentary reference - Report number #82 - released 18 April 2001

Published

Actions for Maintenance of public housing

Maintenance of public housing

Community Services
Management and administration

In recent years the Department of Housing (DoH) has made a major effort to improve both the quality of service to tenants and its processes for maintenance. In addition, the funding for maintenance has also been increased. There is, however, a need to ensure that the maintenance of assets is adequately planned for and funded from the start. Without adequate maintenance, the value of an asset will deteriorate more rapidly and can result in significant losses.

DoH needs to give greater emphasis to completing property condition surveys in order to improve the way in which maintenance is planned and organised. There is also a need for DoH to establish a performance reporting framework in order to assess the efficiency and effectiveness of the maintenance function in an objective way. The framework should benchmark maintenance across regions and with public housing authorities in other States.

 

Parliamentary reference - Report number #81 - released 11 April 2001