Domestic, Sexual and Gender-Based Violence Agency Act 2023

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PART 4

Service Providers

Arrangements with service providers

40. (1) Subject to subsection (2), the Agency may, subject to its available resources and having regard to the objectives identified in the corporate plan as laid under section 31 (1), the activities and performance targets identified in the annual business plan and any relevant directions and policy directives issued by the Minister under this Act, enter into an arrangement with a person (in this Act referred to as a “service provider”) to provide financial assistance to that person for the provision of a service referred to in subparagraph (i), or a programme referred to in subparagraph (ii), of section 6 (1)(b).

(2) Before entering into an arrangement with a person under subsection (1), the Agency—

(a) shall determine, in respect of a financial year of the Agency, the maximum amount of funding that it proposes to make available during the course of that year under such an arrangement and the level of service it expects to be provided for that funding, and

(b) may request from the person any information that the Agency considers material to the provision of the service or programme concerned.

(3) A person shall comply with a request made to him or her under subsection (2)(b).

(4) Where a person fails to comply with a request under subsection (2)(b), the Agency may decide not to enter into an arrangement under subsection (1) with that person.

(5) Subject to subsection (7), a service provider shall—

(a) keep in such form as may be approved by the Agency in accordance with any policy directive issued by the Minister, all proper and usual accounts and records of income received and expenditure incurred by it,

(b) submit such accounts annually for audit, and

(c) supply a copy of the audited accounts and the auditor’s certificate and report on the accounts to the Agency within such period as may be specified by the Agency.

(6) A service provider shall be liable for any expenses arising from an audit of accounts referred to in subsection (5)(b).

(7) The Agency may exempt from the requirements of subsection (5) in respect of a particular financial year a service provider that, in that financial year, receives from the Agency, in respect of services provided pursuant to an arrangement entered into under subsection (1), a total amount of funding that does not exceed such amount as may be determined by the Minister for the purposes of this subsection.

(8) The Agency shall, having consulted with the Board and subject to any direction given or policy directive issued by the Minister under section 38 , make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of services or programmes by service providers (including service providers exempted under subsection (7)), and

(b) the provision of services or programmes by such service providers.

(9) A service provider shall facilitate arrangements made by the Agency under subsection (8).

(10) The Minister may, in writing, specify requirements in respect of—

(a) the expenditure incurred by the Agency in relation to the provision of services and programmes by service providers, and

(b) the provision by service providers of such services and programmes.