Conditions of Approval Drink Drug Driving Behaviour Change Program V3.0.pdf week 2 PDF

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These document set out the conditions imposed by VicRoads under the Road Safety Act 1986 (the Act) that approved providers must meet, to provide the Drink and Drug Driver Behaviour Change Program....

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Drink and Drug Driver Behaviour Change Program Conditions of Approval Issued by the Roads Corporation trading as VicRoads Version 3.0 Wed, 9 Jan 2019

Drink and Drug Driver Behaviour Program Conditions of Approval

Release Version: 3.0

VicRoads is the copyright owner of the Conditions of Approval and the material is not to be modified or reproduced without the written permission of VicRoads.

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Drink and Drug Driver Behaviour Program Conditions of Approval

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Table of contents

Contents Definitions

1

Introduction

4

2.1. Purpose of this document

4

2.2. The Drink and Drug Driver Behaviour Change Program

4

2.2.1.

Drink Driver Program (6 hours) and the Drug Driver Program (6 hours)

5

2.2.2.

Intensive Drink and Drug Driver Program (10 - 12 hours)

5

2.3. Scope of Conditions of Approval

6

2.4. VicRoads and Approved Provider Nominated Personnel

6

2.4.1.

VicRoads personnel

6

2.4.2.

Approved provider personnel

6

2.5. Compliance

7

2.5.1.

Ongoing compliance

7

2.5.2.

Duty to notify VicRoads

7

Organisational Requirements of Providers

9

3.1. Financial viability and stability

9

3.2. Insurance

9

3.3. Quality Management System

10

3.4. Privacy and Confidentiality Policies and Procedures

10

3.4.1.

Privacy

10

3.4.2.

Confidentiality

10

3.5. Complaints Procedure

11

3.6. Terms of engagement of personnel

12

3.7. Data and information management

12

3.8. Information, reporting, records and archiving

14

3.8.1.

Information

14

3.8.2.

Reports

14

3.8.3.

Records

14

3.8.4.

Archiving

14

3.9. Performance measurement and evaluation

15

3.10. Consent to provide personal information to VicRoads

15

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Drink and Drug Driver Behaviour Program Conditions of Approval

3.11. Compliance with Victorian and Australian laws and standards Facilitation Requirements of Approved Providers

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4.1. Commencement of Provision of Program

17

4.2. Skilled and qualified personnel

17

4.2.1.

Approved Personnel

17

4.2.2.

Participation in professional development

17

4.3. Supervisor and Facilitator requirements

18

4.3.1.

Supervisor and Facilitator requirements

18

4.3.2.

Drink Driver Program Facilitators

18

4.3.3.

Drug Driver Program Facilitators

18

4.3.4.

Intensive Drink and Drug Program Facilitators

18

4.3.5.

Supervisor Approval

19

4.4. Venues, facilities and equipment requirements

19

4.5. Geographical coverage

19

4.6. Program Content and Provision

19

4.7. Provision of the Program

19

4.8. Approved Provider relationships with personnel and participants

20

4.9. Participant and Facilitator feedback

20

4.10. Relationships and connection with the drug and alcohol sector

20

4.11. Public Information

21

Financial Arrangements 5.1. General Program fees and payment conditions

22 22

5.1.1.

Approved Provider fees

22

5.1.2.

Cost Recovery fee

22

5.1.3.

Concessions

23

General Conditions

24

6.1. Dispute resolution

24

6.2. Intellectual Property

24

6.2.1.

Licence to Approved Provider

24

6.2.2.

No infringement

24

6.2.3.

Moral rights

24

6.3. General warrantees

25

6.4. Performance of provision requirements

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Drink and Drug Driver Behaviour Program Conditions of Approval

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6.5. Improper inducement, influence or behaviour

25

6.6. Indemnity

26

6.7. Audit

26

6.7.1.

Inspection and audit

26

6.8. No agency clause

27

6.9. Assignments, Transfers and Change of ownership

27

VicRoads Authority and Powers

28

7.1. Overview

28

7.2. Authority to approve Providers

28

7.3. Discretion of VicRoads Personnel

28

7.4. Variation, suspension and cancellation of conditions

29

7.5. Effect of suspension or cancellation of approval

29

7.6. ‘Show due cause’ requirement

29

7.7. Termination of Approval by Approved Provider

30

7.8. Provision of Information to participants

30

Schedules

31

8.1. Schedule 1 – Approved Provider Approval

31

8.2. Schedule 2 – Variation Order

36

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Drink and Drug Driver Behaviour Program Conditions of Approval

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Definitions The following terms and definitions relating to this document include: adverse event, in relation to a party means anything that reasonably indicates that there is a significant risk that that party is or will become unable to pay its debts as they fall due. This includes: (a) (b) (c)

a meeting of a party's creditors being called or held; a step being taken to make the party bankrupt or wind the party up; the appointment of a controller or administrator as defined in section 9 of the Corporations Act;

(d)

the party entering into any type of arrangement with, or assignment for the benefit of all or any of its creditors; the party being made subject to a deed of company arrangement;

(e) (f)

a step being taken to have a receiver, receiver and manager, liquidator or provisional liquidator appointed to the party or any of its assets.

approved personnel means approved provider personnel, which includes any sub-contractors (such as those who operate in the roles of facilitators and supervisors) who have been approved by VicRoads to undertake roles and functions in the management, supervision, administration and facilitation of the Drink and Drug Driver Behaviour Change Program. assertive/facilitated referral means the referral of a participant to a drug and alcohol service where the approved facilitator actively engages and facilitates a connection with the service and participant. Facilitators will also follow-up participants to see if they have taken up the referral. authorised witnesses means a person or position authorised to witness statutory declarations under s. 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as amended). Business Procedures Manual (BPM) means the Victorian Drink and Drug Driver Behaviour Change Program – Business Procedures Manual produced by VicRoads and provided to the approved provider, as amended from time to time. This manual will detail the processes required by VicRoads and approved providers to ensure these Conditions of Approval are met and complied with. Conditions of Approval means the Conditions by which an approved provider is approved to provide Approved Drink and Drug Driver Behaviour Change Program, as amended from time to time. concession fee means the reduced cost recovery fee which applies to eligible concession cardholders. cost recovery fee means the cost recovery fee in respect of the Victorian Drink and Drug Driver Behaviour Change Program determined by VicRoads under the Section 58P of the Road Safety Act 1986 and collected by approved providers on behalf of VicRoads. developed intellectual property means the intellectual property rights in all documents, code and other material, including all data and data compilations that are created or developed by the approved provider in the course of providing the program. Drink and Drug Driver Behaviour Change Program means the management, administration and provision of any aspects the Behaviour Change Program.

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Drink and Drug Driver Behaviour Change Facilitator Handbook means the manual(s) supplied to approved providers by VicRoads that contains the program content, and materials to support the provision of the Behaviour Change Program. Drink and Drug Driver Behaviour Change Supervisor Handbook means the Manual supplied to Approved Providers by VicRoads that contains guidance on the supervisor role in the provision of the Behaviour Change Program. eligible concession cardholder means a person who is entitled under the Road Safety (Drivers) Regulations 2009 as amended or re-enacted from time to time to pay the concessional rate of the cost recovery fee. fit and proper person to be employed or engaged in the provision of the program means that the person: (a) possesses the competence, character, diligence, experience, honesty, integrity and judgement to properly provide the program (b) either has no conflict of interest in performing their role in the provision of the program, or any conflict that exists will not create a material risk that the person will fail to properly perform their role in the provision of the Program; and in the case of an Approved personnel is also: (c) competent to perform the roles and functions of the positions they fulfil as detailed in the scope of approval in Schedule 1 (and as demonstrated by the person’s education, knowledge, skills and experience). insolvency event means: (a) the Approved Provider is or becomes unable to pay its debts as and when they fall due or is otherwise presumed to be insolvent under applicable insolvency laws (b) the Approved Provider suspends or threatens to suspend payment of its debt (c) a liquidator, administrator, receiver or other insolvency official is appointed in relation to the business of the Approved Provider and/or (d) the Approved Provider enters into an arrangement with its creditors for the payment of less than the full amount of its debts. intellectual property rights means rights under applicable intellectual property laws, including any rights under a licence or patent, trademark or copyright law. other employees mean personnel of the approved providers and/or sub-contractors not directly involved in the facilitation of the program. participant means a person who is subject by law to complete a Behaviour Change Program as defined in the Road Safety Act. personal information means information that identifies an individual or from which an individual's identity can be reasonably ascertained. privacy law means a law that relates to the collection, use, disclosure and handling of personal information, and includes: (a) the Privacy and Data Protection Act 2014 (b) the Privacy Act 1988 (Australian) (c) the Health Records Act 2001 (Victorian) (d) the Road Safety (Drivers) Regulations 2009 (Victorian) and (e) Part 7B of the Road Safety Act 1986 (Victorian).

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program means the Drink and Drug Driver Behaviour Change Program which the approved provider is approved to provide under these Conditions of Approval. provider means the person or body applying to be approved by VicRoads to provide the Drink and Drug Driver Behaviour Change Program. records mean all the information and documentation, in either hard copy or electronic form (including video), relating to the provision of the Drink and Drug Driver Behaviour Change Program. related party in relation to the approved provider means any person or entity who: (a) has control or significant influence over the Approved Provider; or (b) is a family member or business partner of a director of the Approved Provider; or (c) is a parent company or related company of the Approved Provider; or (d) is in a partnership or joint venture with the Approved Provider; or (e) is part of the Approved Provider’s management team. reports mean any report as specified in these Conditions and the Drink and Drug Driver Behaviour Change Program Business Procedures Manual. serious driving offence means any offence in connection with the driving of a motor vehicle committed anywhere in Australia where the driver may incur demerit points or have their driver licence or learner permit suspended or cancelled or be disqualified from driving (or disqualified from obtaining a licence/permit). subcontractor means an external party engaged by an approved provider to facilitate any aspect of the Program. They need to be approved by VicRoads as approved personnel for the function they perform. the Act means the Road Safety Act 1986. VicRoads means the Roads Corporation, or its equivalent Department continued under section 80 of the Transport Integration Act 2010. VicRoads account executive means the person nominated by VicRoads as its authorised representative for the purposes of managing VicRoads' responsibilities for the Drink and Drug Driver Behaviour Change Program, or their delegated representative. VicRoads systems means VicRoads' computer network, internet operations, intranet, digital systems and digital records.

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Drink and Drug Driver Behaviour Program Conditions of Approval

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Introduction 2.1.

Purpose of this document

These Conditions of Approval set out the conditions imposed by VicRoads under the Road Safety Act 1986 (the Act) that approved providers must meet, to provide the Drink and Drug Driver Behaviour Change Program. If any legislative provision referred to in this document is amended or replaced, the reference in this document must be taken to be a reference to the new or amended provision from the time the new or amended provision takes effect. Further information regarding compliance with these Conditions of Approval is provided in the following documents: • • •

the Drink and Drug Driver Behaviour Change Program Business Procedures Manual the Drink and Drug Driver Behaviour Change Program Facilitator Handbooks the Drink and Drug Driver Behaviour Change Program Supervisor Handbook

VicRoads does not warrant that approved providers will be guaranteed any volume of Behaviour Change Program participants, or any revenue, because of being an approved provider.

2.2.

The Drink and Drug Driver Behaviour Change Program

The overall Drink and Drug Driver Behaviour Change Program has 2 stages: Stage 1 – comprises the Drink Driver Program, Drug Driver Program and the Intensive Drink and Drug Driver Program. Stage 2 – is the 2-hour pre-interlock removal program for the drink drivers within the Intensive Drink and Drug Driver Program Sections 58C and 58D of the Act provides details of first stage and second stage Behaviour Change Program, which drivers convicted of drink and/or drug driving offences will be required to a complete. Approved providers will provide the Behaviour Change Program for sanctions under section 58C of the Act and all other sanctions in the Act that now carry a Behaviour Change Program requirement. The activities approved providers will undertake to provide the Drink and Drug Driver Behaviour Change Program involve management, supervision, administration, and facilitation of up to three programs, namely: •

Drink Driver program (6 hours)

•

Drug Driver program (6 hours)

•

Intensive Drink and Drug Driver program (10 - 12 hours). This program has 2 stages: o

Stage 1 is a 10 hour program;

o

Stage 2 is a 2-hour pre-interlock removal program, which will only apply to those participants with an alcohol interlock condition.

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Drink and Drug Driver Behaviour Program Conditions of Approval

2.2.1.

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Drink Driver Program (6 hours) and the Drug Driver Program (6 hours)

The 6 hour programs are a pre-licensing requirement for drivers recorded with a first time Blood Alcohol Concentration (BAC) offence below 0.15, and drivers recorded with a first time fail oral fluids drug driving offence, respectively. The two programs are based on cognitive behavioural and motivational approaches, and include some psycho-education as well as screening for serious alcohol and other drug problems and where appropriate assertive/facilitated referral. The 6 hour programs comprise of two, 3 hour group sessions delivered by a facilitator over two consecutive weeks. Approved providers will need to allow additional time for registration and a short break in each session. It is recommended that an additional hour is built into the total program time. Where screening indicates a serious alcohol or other drug problem, the facilitator is to provide an assertive/facilitated referral to an alcohol and drug service for further support and assessment. Participants who have been given an assertive/facilitated referral should receive follow-up phone calls within 4 weeks of completing a program, to encourage and support the uptake of the referral for treatment. Details of the follow-up phone calls are to be kept on file and made available on request from VicRoads, and available during the periodic review or audit processes. Each participant must receive a Certificate of Completion certifying that they have completed the relevant program. The certificate will also indicate if they have been given a referral for therapeutic or other medical support and the name of the organisation they were referred to. Participants are required to provide a copy of the certificate to the Magistrates Court and/or VicRoads when requested. Content of the Drink or Drug Driver Behaviour Change Program has been developed by VicRoads. Approved providers are required to facilitate this program content as prescribed according to the facilitator and supervisor handbooks. 2.2.2.

Intensive Drink and Drug Driver Program (10 - 12 hours)

The Intensive Program has two stages. The first stage is a pre-licensing requirement consisting of a 10 hour program that will involve drivers who have been convicted of the following offences: • • • • • • • •

First time drink driving with a blood alcohol concentration offence of 0.15 and above Repeat drink driving with any blood alcohol concentration reading Repeat drug driving (fail oral fluids test) Refusal to provide a sample for a breath, oral fluids or blood test Driving While Intoxicated Driving Under the Influence Combined drink and drug driving Serious driving offences involving alcohol and or drugs (Eg Culpable Driving)

The program is to be provided over three consecutive weeks in 3 hour sessions plus a 1 hour...