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Introduction

Capital Works Funding Memorandum of Understanding dated 2008

Parties

Commonwealth of Australia, as represented by and acting through the Department of Families, Housing, Community Services and Indigenous Affairs ABN 36 342 015 855 of Tuggeranong Office Park, Athllon Drive, Greenway ACT 2905 (Department, Us, We or Our)

New South Wales, as represented and acting through the Department of Ageing Disability and Home Care ABN 34 538 109 783 of Level 5, 83 Clarence Street, Sydney NSW 2000 (You or Your)

Victoria, as represented and acting through the Department of Human Services ABN 97 643 356 590 of 50 Lonsdale Street, Melbourne VIC 3001(You or Your)

Queensland, as represented by and acting through Disability Services Queensland ABN 25 791 185 155 of Level 13, 111 George Street, Brisbane QLD 4001 (You or Your)

Western Australia, as represented and acting through the Disability Services Commission ABN 36 922 715 369 of 140-160 Colin Street, West Perth WA 6872 (You or Your)

South Australia, as represented and acting through the Department of Families and Communities ABN 11 525 031 744 of Level 2, Riverside Building North Terrace Adelaide SA 5000 (You or Your)

Tasmania, as represented and acting through the Department of Health and Human Services ABN 11 255 872 006 of Gellibrand House, St Johns Park New Town TAS 7008 (You or Your)

Australian Capital Territory, as represented and acting through the Department of Disability Housing and Community Services ABN 26 471 407 289 of Nature Conservation House, 153 Emu Bank, Belconnen ACT 2617 (You or Your)

Northern Territory, as represented and acting through the Department of Health and Community Services ABN 84 085 734 992 of 87 Mitchell Street Darwin NT 0811 (You or Your)

Purpose of this Memorandum of Understanding

  1. We and You are committed to the Program.

  2. We and You recognise that our collaboration in the Program will be to our mutual benefit and to the benefit of the Australian people.

  3. This Memorandum of Understanding (MOU) establishes a funding arrangement between We and You under which:
    (a) We may provide funding to You to conduct a Capital Works Project relevant to the Program; and
    (b) You undertake the Capital Works Project which we so fund.

  4. Each Project Schedule to this MOU sets out specific requirements and information regarding each Capital Works Project to which that Project Schedule relates. You will conduct each Capital Works Project in accordance with the terms of this MOU and the relevant Project Schedule.

  5. Your conduct of each Capital Works Project will assist in the provision of Supported Accommodation Facilities that will contribute to the enhanced lifestyles of people with disabilities and their older carers.

  6. This MOU shall continue in force and effect until the earlier of the following dates or events:

    • 30 June 2012;
    • earlier termination of this MOU.

  7. The Funding under this MOU is specifically covered by Commonwealth State Territory Disability Agreement SPP Appropriation. The Parties have relied on ATO GSTR 2006/11 for their understanding that the Funding is specifically covered by an appropriation under an Australian law. No GST will be payable on this funding because the funding meets the requirements of section 9-15(3)(c) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and GSTR 2006/11.

The parties agree

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Part A: 1. Definitions

Contents