Third Variation Agreements (July 2008 - 31 December 2008)

Operative provisions

In consideration of the provisions contained in this Variation Agreement, the Parties agree as follows:

1. Variation

1.1. Variation in accordance with CSTDA

1.1.1. In accordance with clause 1(5) of the CSTDA, the Parties, who are parties to the CSTDA, agree to vary the CSTDA as set out in this Variation Agreement.

1.1.2. This Variation Agreement may be executed in counterparts, meaning that the execution will be complete when each Party to this Variation Agreement holds a copy of this Variation Agreement signed by each other Party, even though the signatures of the Parties do not appear on the same copy.

1.2. Variation of expiry date

1.2.1. The Parties agree to vary clause 1(2) of the CSTDA to read:

This Agreement shall terminate in respect of all parties on 31December 2008 unless:
a) it is terminated earlier, in respect of a party giving notice of termination, in accordance with clause 1(3); or

b) prior to 31 December 2008, the parties execute a new agreement to take the place of this Agreement in which case this Agreement shall terminate from the date on which the new agreement comes into force.

1.3. Continuation and indexation of funding arrangements

1.3.1. The Parties agree, for the period of the extension of the CSTDA and subject to clauses 1.3.2, 1.3.3 and 1.3.4, that they will each:

maintain current base funding under the CSTDA 3;
continue funding provided under CSTDA 2 and CSTDA 3 for unmet need; and
continue funding provided under the CSTDA for Increased Access to Respite Care for Older Carers Bilateral Agreement, in accordance with the table at Schedule A to this Variation Agreement.

1.3.2. Funding continued under clause 1.3.1 will be based on funding levels under the CSTDA during the 2007-2008 financial year, indexed by Wage Cost Index 2 in accordance with clause 8(10) of the CSTDA with effect from 1 July 2008.

1.3.3. Provision of funding by the Parties is subject to the appropriation of funds by their respective Parliaments.

1.3.4. Funding will continue to be paid fortnightly in advance. Funding provided during the extension period will be provided and used in accordance with the provisions of the CSTDA.

1.4. Bilateral Agreements under the CSTDA

1.4.1. Each Party to this Variation Agreement agrees, in respect of each Bilateral Agreement under the CSTDA to which they are a party, to extend the term of those Bilateral Agreements to 31 December 2008 except and unless:

Bilateral Agreement is terminated earlier in accordance with the terms of that Bilateral Agreement; or
prior to 31 December 2008, the parties to a Bilateral Agreement execute a new Disability Agreement to take the place of CSTDA 3 in which case the Bilateral Agreements shall terminate from the date on which the new Disability Agreement comes into force, unless otherwise agreed in writing between the parties to that Bilateral Agreement.

1.4.2. Continuation of funding in respect to Bilateral Agreements for the extension period shall be as set out in clause 1.3 of this Variation Agreement.

2. Acknowledgement

2.1.1. In addition to the provisions included in clause 1 of this Variation Agreement, the Commonwealth reserves the right to terminate the CSTDA with one month’s notice to all Parties. In this event, the Parties agree that all Bilateral Agreements will terminate at the same time as the CSTDA.

3. Continuation of CSTDA generally

3.1.1. Subject to clauses 1 and 2 of this Variation Agreement, the Parties confirm that in all other respects the terms of the CSTDA and each Bilateral Agreement continue as amended by the First and second Variations.

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