1.1.D.115 Designated provider
Definition
This definition applies in determining whether a program meets the definition of a POS (1.1.P.440) for DSP purposes.
Definition applying from 5 January 2015
For the purpose of determining whether a POS that started on or after 5 January 2015 was provided by a designated provider, designated provider means:
- a provider that provides a POS that is wholly or partly funded by the Commonwealth, including but not limited to
Explanation 1: From 5 January 2015, the overarching criterion in establishing whether a provider of a specific program is a designated provider for POS purposes is that the program is funded wholly or partly by the Commonwealth. If the program under consideration is not wholly or partly funded by the Commonwealth, the provider of such a program is not considered to be a designated provider for POS purposes.
Explanation 2: All the designated providers listed above are (wholly or partly) funded by the Commonwealth. If the program under consideration is delivered by one of these providers, it is accepted as being provided by a designated provider. However, the above list of designated providers is not exhaustive as other programs that are funded wholly or partly by the Commonwealth may also exist. If the program under consideration is not delivered by one of the designated providers listed above, more information about the program and the provider is to be obtained to ascertain funding arrangements for that program.
Example: A not-for-profit organisation is running a workforce participation project aimed at helping young people with certain disabilities gain hands on experience and training, including referral to vocational courses. An investigation reveals that the project is solely funded by the state government. The organisation IS NOT a designated provider for POS purposes.
Explanation 3: Even if the provider of a specific program is considered to meet the definition of a designated provider, this does not mean that the person who undertook the program has actively participated in it. There are a range of other legal criteria that must be met in relation to the person and the program (1.1.A.30) before the person can be considered as having actively participated in a POS.
Explanation 4: Entities or persons such as Centrelink, Services Australia, DSS, job capacity assessors and government-contracted doctors are not considered to be designated providers for POS purposes.
Definition for programs that started before 5 January 2015
For programs of support that started before 5 January 2015, the designated provider means any of the following:
- a jobactive (formerly JSA) provider
- DES provider
- an Australian Disability Enterprise
- a CDP (former RJCP) provider
- a provider authorised by a state or territory government to conduct a transition to work program
- a provider authorised by the relevant workers' compensation authority of the Commonwealth, or of a state or territory, as a result of a claim made under the relevant legislation of the Commonwealth, state or territory
- a provider authorised by an insurer as a result of a claim under a contract of insurance for an accident (including a motor vehicle accident), sickness or other trauma
- a provider that delivers a program that satisfies paragraph (a) and subparagraph (b)(ii) of the definition of POS in the SSAct subsection 94(5).
Explanation: A provider will satisfy this criteria if they provide a program that is:
- designed to assist a person to prepare for, find or maintain work, and
- of a type that the Secretary considers is similar to a program that is designed to assist a person to prepare for, find or maintain work and that is partly or fully funded by the Commonwealth.
Explanation: Entities or persons such as Centrelink, Services Australia, DSS, job capacity assessors and government-contracted doctors are not considered to be designated providers for POS purposes.