1. society
2. welfare

jobactive Deed 2015-2020 – Work for the Dole
Coordinator
PRN/<to be inserted>
between the
COMMONWEALTH OF AUSTRALIA
as represented by the
Department of Employment
ABN 54 201 218 474
and
<%insert CAS Legal name and ABN placeholder%>
regarding
Work for the Dole Coordinator services
jobactive Deed 2015-2020 – Work for the Dole Coordinator
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Work for the Dole Coordinator Initials: ________
Department Initials: ________
Table of Contents:
1
Term of this Deed ................................................................................................................................. 4
2
Services ................................................................................................................................................. 4
3
Joint Charter of Deed Management ..................................................................................................... 5
4
Fees ....................................................................................................................................................... 6
5
Exclusions.............................................................................................................................................. 6
6
Overpayments and double payment .................................................................................................... 6
7
Fraud ..................................................................................................................................................... 7
8
The Department may vary certain terms ............................................................................................. 7
9
Subcontracting...................................................................................................................................... 8
10 Specified Personnel .............................................................................................................................. 9
11 Corporate Governance ......................................................................................................................... 9
12 External administration ...................................................................................................................... 10
13 Insurance ............................................................................................................................................ 11
14 Liaison ................................................................................................................................................. 11
15 Commonwealth Material.................................................................................................................... 11
16 Deed Material ..................................................................................................................................... 12
17 Disclosure of Information ................................................................................................................... 13
18 Protection of Personal and Protected Information ............................................................................ 13
19 Records and Third Party Systems ....................................................................................................... 13
20 Access to documents for the purposes of the Freedom of Information Act 1982 (Cth) .................... 18
21 Access to premises and Records......................................................................................................... 18
22 Reporting ............................................................................................................................................ 19
23 Financial statements and guarantees................................................................................................. 19
24 Evaluation activities ............................................................................................................................ 20
25 Programme Assurance Activities ........................................................................................................ 20
26 Indemnity............................................................................................................................................ 20
27 Liability of the Work for the Dole Coordinator to the Department ................................................... 21
28 Partnerships and Tendering Groups ................................................................................................... 22
29 Conflict of Interest .............................................................................................................................. 22
30 Negation of Employment, Partnership and Agency ........................................................................... 22
31 Entire agreement, Variation and Severance....................................................................................... 23
32 Waiver................................................................................................................................................. 23
33 Assignment and Novation .................................................................................................................. 23
34 Dispute Resolution.............................................................................................................................. 23
35 Work for the Dole Coordinator suspension........................................................................................ 24
36 Remedies ............................................................................................................................................ 25
37 Performance under past Commonwealth agreements ...................................................................... 26
38 Termination with Costs and Reduction .............................................................................................. 26
39 Termination for Default ...................................................................................................................... 27
40 Compliance with Laws and Our Policies ............................................................................................. 28
41 Aboriginal and Torres Strait Islander peoples and Indigenous Training, Employment and Supplier
Plan 29
42 Applicable Law and Jurisdiction.......................................................................................................... 30
43 Notices ................................................................................................................................................ 30
44 Gap filling ............................................................................................................................................ 30
45 Transition ............................................................................................................................................ 31
46 Acknowledgement and promotion..................................................................................................... 31
47 The Department’s right to publicise the Services and best practice .................................................. 31
48 Survival of Clauses .............................................................................................................................. 32
49 Interpretation ..................................................................................................................................... 32
Schedule 1 Work for the Dole Coordinator’s Obligations................................................................. 41
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A. Completion Date (clause 1)....................................................................................................... 41
B. Services (clause 2) ..................................................................................................................... 41
C. Claiming Fees (clause 4) ............................................................................................................ 48
D. Partnerships and Tendering Group members (clause 28) ........................................................ 48
E. Subcontractors (clause 9) ......................................................................................................... 49
F. Specified Personnel (clause 10) ................................................................................................ 49
G. Insurance (clause 13) ................................................................................................................ 49
H. Commonwealth Material (clause 15) ....................................................................................... 50
I.
Deed Material (clause 16) ......................................................................................................... 50
J.
Protection of Personal Information (clause 18) ........................................................................ 50
K. Compliance with Laws and Policies (clause 40) ........................................................................ 50
L. Notices (clause 43) .................................................................................................................... 51
Schedule 2 The Department’s obligations ........................................................................................ 52
AA. Fees (clause 4) .................................................................................................................... 52
BB. Account Manager (clauses 14 and 43) ............................................................................... 53
Schedule 3 Performance management ............................................................................................ 54
A.
Key Performance Indicators ............................................................................................... 54
B.
Performance reviews and feedback ................................................................................... 54
C.
Additional Performance Feedback ..................................................................................... 55
Annexure 1 – Joint Charter of Deed Management ..................................................................................... 56
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Parties
COMMONWEALTH OF AUSTRALIA (‘Commonwealth’) represented by and acting through the
Department of Employment (‘the Department’) ABN 54 201 218 474
AND
<%insert CAS contracting name placeholder%>
<%insert CAS legal address placeholder%> (‘Work for the Dole Coordinator’).
Note: This Deed uses a number of words which are defined in clause 49.1 [Interpretation]. Defined terms start with
a capital letter, e.g. ‘Conflict’.
Purpose
The Department requires the Work for the Dole Coordinator to provide the Services, including working
closely with Work for the Dole Host Organisations and Employment Providers to help develop, identify
and secure Work for the Dole Places in the Work for the Dole Coordinator’s Employment Region(s), and
otherwise supporting Work for the Dole.
1
Term of this Deed
1.1
This Deed takes effect from the Deed Commencement Date and, unless terminated earlier,
expires on the Completion Date.
1.2
The Department may, at its sole option, offer the Work for the Dole Coordinator an extension of
the Term of this Deed:
(a)
(b)
for one or more extended periods; and
if the Department determines at its absolute discretion, on the basis of additional terms
and conditions, or variations to existing terms and conditions,
by giving notice to the Work for the Dole Coordinator not less than 20 Business Days prior to the
end of the Completion Date or where the Term of this Deed has already been extended under
this clause, the expiry of the Term of this Deed as extended.
1.3
Subject to clause 1.2, if the Work for the Dole Coordinator accepts the Department’s offer to
extend the Term of this Deed, the Term of the Deed will be so extended and all terms and
conditions of this Deed continue to apply, unless otherwise agreed in writing between the
Parties.
2
Services
2.1
The Work for the Dole Coordinator must carry out the Services:
(a)
(b)
(c)
(d)
(e)
2.2
in accordance with this Deed, including at the times and in the manner specified in item B
of Schedule 1;
diligently, effectively and to a high professional standard;
where relevant and consistent with this Deed, in accordance with the undertakings given
in the Work for the Dole Coordinator’s tender response to the request for tender for this
Deed;
so as to achieve an optimum performance when measured against the KPIs set out in
Schedule 3; and
to the Department’s complete satisfaction.
The Work for the Dole Coordinator agrees not to act in a way which could be reasonably
expected to bring Work for the Dole, the Services or the Department into disrepute.
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2.3
The Work for the Dole Coordinator must:
(a)
not engage in, and must ensure that its Personnel, subcontractors and agents do not
engage in, any practice that manipulates or impacts, as relevant, any aspect of the Services
including any:
(i)
Record;
(ii) Fee or Fee-related process;
(iii) Eligible Job Seeker or Employer;
(iv) Work for the Dole Place; or
(v) monitoring of the Services by the Department,
with the effect of improperly, as determined by the Department, maximising payments to,
or otherwise obtaining a benefit for, the Work for the Dole Coordinator or any other
entity or entities; and
(b)
without limitation to any rights of the Department under this Deed or at law, where such
practice is identified by the Work for the Dole Coordinator, immediately:
(i)
take all action necessary to appropriately remedy the practice; and
(ii) notify the Department of the practice identified and the remedial action taken and
provide all information in relation to the situation as required by the Department.
2.4
The Work for the Dole Coordinator must advise its officers and employees that:
(a) they are Commonwealth public officials for the purposes of section 142.2 of the Criminal
Code Act 1995 (Cth) (‘Criminal Code’);
(b) acting with the intention of dishonestly obtaining a benefit for any person is punishable by
penalties, including imprisonment; and
(c) disclosures of wrongful conduct under the Public Interest Disclosure Act 2013 (Cth) can be
made directly to their supervisors within the Work for the Dole Coordinator, or to an
Authorised Officer of the Department as specified on the Department’s website at
http://employment.gov.au/public-interest-disclosure-act-2013 and where a disclosure of
relevant conduct is made to a supervisor within the Work for the Dole Coordinator, the
relevant supervisor is required by law to pass information about disclosable conduct to an
Authorised Officer of the Department.
2.5
The Work for the Dole Coordinator must ensure that all information provided to the
Department in any form and by any means, including the information contained in any Reports
or in relation to the payment of Fees, is true, accurate and complete.
2.6
Subject to the express provisions of this Deed, the Work for the Dole Coordinator is fully
responsible for the performance of the Services, for ensuring compliance with the requirements
of this Deed, and all costs of meeting the Work for the Dole Coordinator’s obligations under this
Deed, notwithstanding any other matter or arrangement, including any subcontracting
arrangements.
3
Joint Charter of Deed Management
3.1
Subject to clause 3.2, the Parties agree to conduct themselves in accordance with the Joint
Charter of Deed Management.
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3.2
Clause 3.1 does not in any way limit the right of either Party to take action or exercise rights
that would, if not for the Joint Charter of Deed Management, be available to it under this Deed.
4
Fees
4.1
Subject to sufficient funds being validly appropriated for jobactive and the Work for the Dole
Coordinator’s compliance with this Deed, including item C of Schedule 1, to the Department’s
complete satisfaction, the Department will make payments to the Work for the Dole
Coordinator at the times and in the manner specified in item AA of Schedule 2.
4.2
Without limiting the Department’s rights under this Deed or the law, the Department may
withhold, suspend or recover any payment in whole or in part, if, as determined by the
Department:
4.3
(a)
the Work for the Dole Coordinator has not performed its obligations under this Deed to
the Department’s complete satisfaction; or
(b)
the Work for the Dole Coordinator has outstanding or unacquitted money under any
arrangement (whether contractual or statutory) with the Department.
If the Department exercises its rights under clause 4.2, the Work for the Dole Coordinator
must continue to perform any obligations under this Deed, unless the Department agrees
otherwise in writing.
5
Exclusions
5.1
The Department is not responsible for the payment of any money in excess of the Fees set out
in this Deed.
5.2
The Department is not required to make any superannuation contributions in connection with
this Deed.
5.3
The Work for the Dole Coordinator declares that it is not entitled to payment from the
Department, other Commonwealth sources or state, territory or local government bodies for
providing the same or similar services as provided under this Deed (excluding services provided
under a jobactive Deed), and the Department may require the Work for the Dole Coordinator to
provide evidence, in a form acceptable to the Department, which proves that the Work for the
Dole Coordinator is not so entitled.
5.4
Unless otherwise agreed in writing with the Department, the Work for the Dole Coordinator
must not demand or receive any payment or any other consideration either directly or indirectly
from any Work for the Dole Host Organisation or Employment Provider for, or in connection
with, the Services.
6
Overpayments and double payment
6.1
If, at any time, an overpayment occurs for any reason (including where an invoice has been
incorrectly rendered after payment or the Department determines that the Work for the Dole
Coordinator has otherwise been paid an amount that it was not entitled to), then this amount
must be repaid to the Department within 20 Business Days of a written notice from the
Department, or dealt with as otherwise directed in writing by the Department.
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6.2
An overpayment may be recovered from the Work for the Dole Coordinator, including by
offsetting that overpayment against any amount subsequently due to the Work for the Dole
Coordinator under this Deed or any other arrangement between the Parties.
6.3
If an overpayment is not repaid to the Department in accordance with this clause 6, Interest is
payable on the amount after the expiry of the 20 Business Days’ notice referred to in clause 6.1,
until the amount is paid in full.
6.4
Any amount owed to the Department under clause 6.1 and any Interest owed under clause 6.3,
is recoverable by the Department as a debt due to the Commonwealth by the Work for the Dole
Coordinator without further proof of the debt being necessary.
6.5
An adjustment note must be provided to the Department if required by the GST Act, including
where the Work for the Dole Coordinator repays some or all of the Fees to the Department.
7
Fraud
7.1
The Work for the Dole Coordinator must not engage in, and must ensure that it’s Personnel,
subcontractors and agents do not engage in, fraudulent activity in relation to this Deed.
7.2
The Work for the Dole Coordinator must take all reasonable steps to prevent fraud upon the
Commonwealth, including the implementation of an appropriate fraud control plan, a copy of
which must be provided to the Department on request.
7.3
If, after investigation, the Department determines that the Work for the Dole Coordinator has
been engaged in fraudulent activity, the Department may, without limitation to any other rights
available to the Department:
(a)
take action under clause 36.2; or
(b)
terminate this Deed under clause 39,
by providing notice to the Work for the Dole Coordinator.
Note: The Criminal Code provides that offences involving fraudulent conduct against the
Commonwealth are punishable by penalties including imprisonment.
8
The Department may vary certain terms
8.1
Without prejudice to any other rights that the Department may have under this Deed or the
law, the Department may, at any time, vary the:
(a)
Fees;
(b)
Targets; and/or
(c)
Employment Region(s);
for all or part of the Term of this Deed:
(d)
based on the Department’s assessment of projected changes to labour market conditions
in an Employment Region (including past and/or future projected Eligible Job Seeker
demand); or
(e)
acting reasonably, for any other reason as determined by the Department at its absolute
discretion,
by providing notice to the Work for the Dole Coordinator.
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8.2
If the Department exercises its rights under clause 8.1:
(a)
where relevant, this Deed is deemed to be varied accordingly; and
(b)
the Work for the Dole Coordinator must perform all of its obligations under this Deed as
varied.
9
Subcontracting
9.1
The Work for the Dole Coordinator must not, without the Department’s prior written approval,
subcontract the performance of any of its obligations under this Deed. In giving approval, the
Department may impose terms and conditions as the Department thinks fit and the Work for
the Dole Coordinator must comply with any such terms and conditions.
9.2
The subcontractors that the Department has approved at the Deed Commencement Date, and
any terms and conditions relating to their use, are identified in item E of Schedule 1.
9.3
The Work for the Dole Coordinator is fully responsible for the performance of its obligations
under this Deed, even if it subcontracts some or all of them.
9.4
Despite any approval given by the Department under clause 9.1, the Work for the Dole
Coordinator is responsible for ensuring the suitability of a subcontractor for the work proposed
to be carried out and for ensuring that the work meets the requirements of this Deed.
9.5
The Department may publicly disclose the names of any subcontractors engaged to perform the
Services and the Work for the Dole Coordinator must inform relevant subcontractors of this
right, and otherwise comply with its obligations under clause 18.
9.6
The Department may revoke its approval of a subcontractor on any reasonable ground by giving
written notice to the Work for the Dole Coordinator. On receipt of the notice the Work for the
Dole Coordinator must, at its own cost, promptly cease using that subcontractor and arrange
their replacement with personnel or another subcontractor acceptable to the Department.
9.7
If the Department withdraws its approval of a subcontractor, the Work for the Dole Coordinator
remains liable under this Deed for the past acts or omissions of its subcontractors as if they
were current subcontractors.
9.8
The Work for the Dole Coordinator must not enter into a subcontract under this Deed with a
subcontractor named by the Director of the Workplace Gender Equality Agency as an employer
currently not complying with the Workplace Gender Equality Act 2012 (Cth) (the WGE Act).
9.9
The Work for the Dole Coordinator must, in any subcontract:
9.10
(a)
reserve a right of termination to take account of the Department’s right of termination
under clauses 38 and 39 and the Department’s right of revocation of approval of a
subcontractor under clause 9.6, and the Work for the Dole Coordinator must, where
appropriate, make use of that right in the subcontract in the event of a termination, or
revocation of approval of the subcontractor, by the Department; and
(b)
bind the subcontractor, with respect to the Department, to all relevant terms and
conditions of this Deed including clauses 13, 17, 18, 19, 21, 30 and 40.
If the Work for the Dole Coordinator does not comply with this clause 9, the Department may:
(a)
take action under clause 36.2; or
(b)
terminate this Deed under clause 39.
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10
Specified Personnel
10.1
The Work for the Dole Coordinator must ensure that the Specified Personnel:
(a)
have the appropriate skills to deliver the Services; and
(b)
undertake work on the Services in accordance with the terms of this Deed, including item
E.1 of Schedule 1.
10.2
The Work for the Dole Coordinator must nominate one of its Specified Personnel to be the
primary contact for the Department for each of the Work for the Dole Coordinator’s
Employment Regions and advise the Department of the details of that person within 10
Business Days of the Deed Commencement Date, unless the Work for the Dole Coordinator has
advised the Department of the details of that person prior to the Deed Commencement Date.
10.3
Where Specified Personnel are unable to undertake work on the Services, the Work for the Dole
Coordinator must notify the Department immediately and the Department may terminate this
Deed under clause 39. The Work for the Dole Coordinator must, if requested by the
Department, provide replacement personnel acceptable to the Department without additional
payment and at the earliest reasonable opportunity.
10.4
The Department may give notice on reasonable grounds related to performance of the Services
requiring the Work for the Dole Coordinator to remove Personnel (including Specified
Personnel) from work on the Services. The Work for the Dole Coordinator must, at its own cost,
promptly arrange for the removal of the Personnel from work on the Services and their
replacement with Personnel acceptable to the Department. If the Work for the Dole
Coordinator is unable to provide replacement Personnel acceptable to the Department, the
Department may terminate this Deed under clause 39.
11
Corporate Governance
11.1
Unless otherwise agreed by the Department in writing at its absolute discretion, the Work for
the Dole Coordinator must not employ, engage or elect any person who would have a role in its
management, financial administration, or if notified by the Department, the performance of the
Services if:
(a)
the person is an undischarged bankrupt;
(b)
there is in operation a composition, deed of arrangement or deed of assignment with the
person’s creditors under the law relating to bankruptcy;
(c)
the person has suffered final judgment for a debt and the judgment has not been satisfied;
(d)
subject to Part VIIC of the Crimes Act 1914 (Cth), the person has been convicted of an
offence within the meaning of subsection 85ZM(1) of that Act, or any other offence
relating to fraud, unless there is clear evidence that:
(i)
the conviction is regarded as spent under subsection 85ZM(2) (taking into
consideration the application of Division 4 of Part VIIC);
(ii) the person was granted a free and absolute pardon because the person was wrongly
convicted of the offence; or
(iii) the person’s conviction for the offence has been quashed,
in accordance with any relevant law;
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11.2
(e)
the person is or was a Director or a person who occupied an influential position in the
management or financial administration of an organisation that had failed to comply with
the terms of any agreement with the Commonwealth and where that failure gave the
Commonwealth the right to terminate the agreement; or
(f)
the person is otherwise prohibited from being a member or Director or employee or
responsible officer of the Work for the Dole Coordinator.
Unless otherwise agreed by the Department in its absolute discretion, where a person falls or is
discovered as falling, within any of clauses 11.1(a) to 11.1(f) while employed or engaged by the
Work for the Dole Coordinator, or elected as an officer of the Work for the Dole Coordinator, in
a role in:
(a)
its management or financial administration, the Work for the Dole Coordinator will be in
breach of clause 11.1, if the Work for the Dole Coordinator does not:
(i)
transfer the person to a position that does not have a role in its management or
financial administration; or
(ii) terminate the employment or engagement of the person or remove the person from
office,
(b)
as the case may be, and immediately notify the Department of its action; or
the performance of the Services, the Work for the Dole Coordinator must notify the
Department on becoming aware that the person falls or has been discovered as falling
within any of clauses 11.1(a) to 11.1(f), and take any action in respect of that person that
is notified by the Department.
Note: For the avoidance of doubt, clause 11.2(b) will also apply where a person is transferred in
accordance with clause 11.2(a)(i) to a role in the performance of the Services.
12
External administration
12.1
Without limiting any other provisions of this Deed, the Work for the Dole Coordinator must
provide the Department, immediately upon receipt or generation by the Work for the Dole
Coordinator, a copy of:
(a)
(b)
any notice requiring the Work for the Dole Coordinator to show cause why the Work for
the Dole Coordinator should not come under any form of external administration referred
to in clause 12.1(b);
any record of a decision of the Work for the Dole Coordinator, notice or orders that the
Work for the Dole Coordinator has, or will, come under one of the forms of external
administration referred to in:
(i)
Chapter 5 of the Corporations Act 2001 (Cth);
(ii) the equivalent provisions in the incorporated associations legislation of the
Australian states and territories; or
(iii) Chapter 11 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);
(c)
(d)
(e)
any statutory demand within the meaning of sections 459E and 459F of the Corporations
Act 2001 (Cth);
any proceedings initiated with a view to obtaining an order for the Work for the Dole
Coordinator’s winding up;
any decisions and orders of any court or tribunal made against the Work for the Dole
Coordinator, or involving the Work for the Dole Coordinator, including an order for the
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(f)
(g)
12.2
Work for the Dole Coordinator’s winding up;
any notice that a shareholder, member or Director is convening a meeting for the purpose
of considering or passing any resolution for the Work for the Dole Coordinator’s winding
up; or
being an individual, any notice that the Work for the Dole Coordinator has become
bankrupt or has entered into a scheme of arrangement with his or her creditors.
The Work for the Dole Coordinator must, immediately upon the event happening, give notice to
the Department that the Work for the Dole Coordinator:
(a)
has decided to place itself, or has otherwise come under, any one of the forms of external
administration, referred to in clause 12.1(b); or
(b)
is ceasing to carry on business.
13
Insurance
13.1
Unless the Department otherwise agrees in writing, the Work for the Dole Coordinator must
have and maintain, for the Term of this Deed, valid and enforceable insurance as specified in
item G of Schedule 1.
13.2
When requested, the Work for the Dole Coordinator must provide the Department, within 10
Business Days of the request, with evidence satisfactory to the Department that the Work for
the Dole Coordinator has complied with its obligation in clause 13.1.
14
Liaison
14.1
The Work for the Dole Coordinator must liaise with and provide information to the Account
Manager, or a person nominated by the Account Manager, as reasonably required by the
Account Manager or their nominee.
14.2
The Work for the Dole Coordinator must immediately comply with all of the Department’s
requests and directions and immediately notify the Department of any matter or incident that
could be damaging to the reputation of the Work for the Dole Coordinator or the Department
should it become publicly known.
15
Commonwealth Material
15.1
Ownership of all Commonwealth Material, including Intellectual Property Rights in that
Material, remains vested at all times in the Department but the Department grants the Work for
the Dole Coordinator a licence to use, copy and reproduce that Material only for the purposes
of this Deed and in accordance with any conditions or restrictions specified in item H of
Schedule 1.
15.2
The Work for the Dole Coordinator must keep safely and maintain Commonwealth Material that
is has been given for the purposes of this Deed.
15.3
The Work for the Dole Coordinator may retain or destroy all Commonwealth Material remaining
in its possession at the end of this Deed, unless otherwise specified in item H or item I of
Schedule 1.
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16
Deed Material
Ownership
16.1
Subject to this clause 16, the Department owns the Deed Material and the Intellectual Property
Rights (‘IPR’) in the Deed Material immediately on their creation.
16.2
The Excluded Material and the Excluded IPR may be owned by the Work for the Dole
Coordinator or a third party.
Licences
16.3
To the extent the Work for the Dole Coordinator needs to use any of the Deed Material for the
purpose of performing its obligations under this Deed, the Department grants to the Work for
the Dole Coordinator, subject to any direction by the Department, a world-wide, royalty-free,
non-exclusive, non-transferable licence (including the right to sublicense) to use, reproduce,
adapt, modify, distribute and communicate such Material solely for the purpose of providing
the Services.
16.4
This clause 16 does not affect the ownership of any IPRs in any Excluded Material. The Work for
the Dole Coordinator, however, grants to the Department or must arrange for the grant to the
Department of a permanent, irrevocable, free, world-wide, non-exclusive licence (including a
right of sublicense) to use, reproduce, communicate, adapt and exploit the Excluded IPR for any
purpose.
16.5
In relation to Excluded IPR for which the Work for the Dole Coordinator is unable to obtain a
licence on the terms referred to in clause 16.4, the Work for the Dole Coordinator must arrange
for the grant to the Department of a licence to use, reproduce, communicate, adapt and exploit
the Excluded IPR on the terms set out in item I of Schedule 1.
Use of Deed Material
16.6
If the Work for the Dole Coordinator is the Author of any Deed Material or Excluded Material
(either the sole or a joint Author), the Work for the Dole Coordinator consents to the
performance of the Specified Acts by the Department or any person licensed by the Department
to use, reproduce, adapt and exploit that Deed Material or Excluded Material.
16.7
The Work for the Dole Coordinator agrees:
(a)
(b)
to obtain from each Author (other than the Work for the Dole Coordinator) of any Deed
Material or Excluded Material a written consent to the performance of the Specified Acts
(whether occurring before or after the consent is given) by the Department or any person
licensed by the Department to use, reproduce, adapt and exploit that Deed Material or
Excluded Material; and
upon request, to provide the executed original of each consent to the Department.
16.8
Unless otherwise specified in item I of Schedule 1, the Work for the Dole Coordinator must
deliver all Deed Material to the Department at the Completion Date.
16.9
The Work for the Dole Coordinator must use the Deed Material:
(a)
(b)
only for the purposes of this Deed and any other purpose specified in item I of Schedule 1;
and
in accordance with the conditions or restrictions set out in item I of Schedule 1, or notified
from time to time in writing by the Commonwealth.
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General
16.10
The Work for the Dole Coordinator must comply with any request that the Department makes
of the Work for the Dole Coordinator at any time to create, sign, execute or otherwise deal with
any document that may be necessary or desirable to give effect to this clause 16.
16.11
The Work for the Dole Coordinator warrants that it is entitled, or will be entitled at the relevant
time, to deal with the IPR in the Deed Material in accordance with this clause 16.
17
Disclosure of Information
17.1
Subject to this clause 17, the Parties must not, without each other’s prior written approval,
disclose any of each other’s Confidential Information to a third party.
17.2
In giving written approval to disclosure, a Party may impose conditions as it thinks fit, and the
other Party agrees to comply with the conditions.
17.3
The obligations on the Parties under this clause 17 will not be breached if information:
(a)
(b)
(c)
(d)
(e)
is shared by the Department within the Department’s organisation, or with another
agency, where this serves the Commonwealth’s legitimate interests;
is disclosed by the Department to the responsible Commonwealth Minister(s) or the
Minister’s staff;
is disclosed by the Department, in response to a request or direction by a House or a
Committee of the Parliament of the Commonwealth of Australia;
is authorised or required by law to be disclosed; or
is in the public domain otherwise than due to a breach of this clause 17.
17.4
Nothing in this clause 17 limits the obligations of the Work for the Dole Coordinator under
clauses 18 or 21.
18
Protection of Personal and Protected Information
18.1
The Work for the Dole Coordinator agrees:
(a)
(b)
in providing the Services, not to do any act or engage in any practice which, if done or
engaged in by the Department, would be a breach of an Australian Privacy Principle; and
to deal with Personal Information received, created or held by the Work for the Dole
Coordinator for the purposes of this Deed only to fulfil its obligations under this Deed and
in accordance with any conditions or restrictions specified in item J of Schedule 1.
18.2
The Work for the Dole Coordinator agrees to notify the Department immediately if the Work
for the Dole Coordinator becomes aware of a breach or possible breach of any of its obligations
under this clause 18.
18.3
The Work for the Dole Coordinator must ensure that when handling Protected Information, it
complies with the requirements under Division 3 [Confidentiality] of Part 5 of the Social Security
(Administration) Act 1999 (Cth).
19
Records and Third Party Systems
19.1
The Work for the Dole Coordinator must create and maintain true, complete and accurate
Records of the conduct of the Services in accordance with any Guidelines, including Records of
any risk assessments it is required to undertake in accordance with item B.3.6 of Schedule 1.
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19.2
When requested by the Department, the Work for the Dole Coordinator must provide the
Records to the Department, including relevant Records maintained by a Third Party IT Provider,
within the timeframe required by the Department.
19.3
All Records created or maintained under this clause 19 must be retained by the Work for the
Dole Coordinator for a period of no less than seven years after the creation of the Record,
unless otherwise specified in any Guidelines or as advised by the Department.
19.4
You must ensure that Records held in any Third Party System relating to the Services can be,
and are, provided on request, to the Department and in an unadulterated form, that is with no
amendment to the Records.
Information Technology
19.5
The Work for the Dole Coordinator must conduct the Services using the Department’s IT
Systems provided by the Department for that purpose.
19.6
The Department may require that data relating to specific transactions must only be stored on
the Department’s IT Systems, and the Work for the Dole Coordinator must comply with any
such requirements.
19.7
The Department may:
19.8
(a)
provide training in the use of the Department’s IT Systems, by computer-assisted learning
packages or otherwise; and
(b)
require that Personnel must not access or use the Department’s IT Systems until they have
successfully completed the relevant training, and the Work for the Dole Coordinator must
comply with any such requirement.
The Work for the Dole Coordinator is responsible for all costs of meeting its obligations under
this clause 19.
Access to the Department’s IT Systems
19.9
The Work for the Dole Coordinator must provide information technology systems, to access and
use the Department’s IT Systems and to carry out its other obligations under this Deed, that
meet the requirements set out in this clause 19.
Third Party Systems
Note: A ‘Third Party System’ includes an information technology system built or configured in-house by the
Work for the Dole Coordinator.
19.10
The Work for the Dole Coordinator must:
(a)
(b)
advise the Department of any proposed use of a Third Party System to interface with the
Department’s IT Systems, and if the Department imposes any terms and conditions in
respect of such use, comply with those terms and conditions;
ensure that any Third Party System it uses:
(i)
meets the minimum requirements of the Department for entry to the Department’s
IT Systems, and for record keeping and programme assurance purposes, as advised
by the Department;
(ii) does not negatively impact the performance, availability or data integrity of the
Department’s IT Systems;
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(iii) does not introduce or permit the introduction of Harmful Code into the
Department’s IT Systems;
(iv) has secure log ons for each operator such that each operator’s logon is uniquely
identifiable to the Department and entries are traceable, and have date and time
stamps; and
(v) does not default answers to questions or input fields where the Department’s IT
Systems has no default setting; and
(c)
19.11
ensure that Records held in any Third Party System relating to the Services can be, and
are, provided on request, to the Department and in an unadulterated form, i.e. with no
amendment to the Records.
The Department:
(a)
(b)
may make changes to the Department’s IT Systems at any time, notwithstanding that
such changes may affect the functioning of a Third Party System; and
will provide reasonable information about those changes to the Work for the Dole
Coordinator; and
the Work for the Dole Coordinator:
(c)
must, notwithstanding any such change, at its sole cost, ensure that all Third Party
Systems are consistent with the Department’s IT Systems at all times; and
(d) agrees that the Department is not responsible for any loss, costs or legal liability arising
from such changes.
System accreditation
19.12
Subject to the Statement of Applicability (‘SOA’), within 36 months from the Deed
Commencement Date, the Work for the Dole Coordinator must:
(a)
(b)
obtain accreditation for any Work for the Dole Coordinator IT System in accordance with
the requirements and timeframes set out in the SOA and bear any costs associated with
doing so; and
maintain such accreditation until the Completion Date.
19.13
Where the Work for the Dole Coordinator modifies a Work for the Dole Coordinator IT System,
it must ensure that any necessary reaccreditation activities are completed as required by the
SOA.
19.14
For the purposes of clause 19.12(b), the Work for the Dole Coordinator must obtain
reaccreditation of all Work for the Dole Coordinator IT Systems in accordance with the SOA at
least once every three years.
19.15
Accreditation and reaccreditation under this clause 19 must be awarded by a qualified
Information Security Registered Assessors Program (‘IRAP’) Assessor.
19.16
The Work for the Dole Coordinator must notify the Department immediately upon it obtaining
relevant accreditation or reaccreditation and, if relevant, its failure to do so, within the
timeframes specified in this clause 19.
19.17
If the Work for the Dole Coordinator does not obtain accreditation or reaccreditation within the
timeframes specified in the SOA or this clause 19, it must immediately cease using the Work for
the Dole Coordinator IT System.
19.18
The Work for the Dole Coordinator must:
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(a)
(b)
19.19
keep Records of accreditation and reaccreditation awarded under this clause 19; and
when requested by the Department, provide those Records to the Department within the
timeframe required by the Department.
If the SOA requires that any Personnel of the Work for the Dole Coordinator must obtain
security clearances for the purposes of accreditation or reaccreditation:
(a)
the Work for the Dole Coordinator must ensure that its relevant Personnel obtain the
required security clearances, and bear any costs associated with doing so; and
(b) the Department will sponsor such clearances as required by the SOA.
Third Party IT Providers
19.20
The Work for the Dole Coordinator must:
(a)
(b)
not give access to electronic Records, or any derivative thereof, to a Third Party IT
Provider who has not entered into a Third Party IT Provider Deed with the Department,
and only grant such access in accordance with the terms of the relevant Third Party IT
Provider Deed and any Guidelines;
in any contract with a Third Party IT Provider;
(i)
provide that the Third Party IT Provider may only subcontract its obligations under
that contract to another Third Party IT Provider who has entered into a Third Party IT
Provider Deed with the Department; and
(ii) reserve a right of termination to take account of the Department’s right of
termination in the relevant Third Party IT Provider Deed; and
(c)
on receipt of any advice from the Department that it has terminated a relevant Third
Party IT Provider Deed, terminate the Work for the Dole Coordinator’s contract with the
Third Party IT Provider and, at its own cost, promptly cease using the Third Party IT
Provider.
Technical advice
19.21
The Work for the Dole Coordinator must:
(a)
nominate Personnel to receive technical advice from the Department on the Department’s
IT Systems, and to provide advice to the Department on technical issues arising from
accessing the Department’s IT Systems (‘IT Contact’); and
(b)
where the IT Contact changes, advise the Department accordingly.
Security
19.22
The Work for the Dole Coordinator must comply, and ensure that its subcontractors and Third
Party IT Providers comply, with the Department’s Security Policies and the Commonwealth’s
Cybersafety Policy, as relevant.
19.23
The Work for the Dole Coordinator must ensure that a Security Contact is appointed at all times
during the Term of this Deed, and that, at all times, the Department has up to date contact
details for the current Security Contact.
19.24
The Work for the Dole Coordinator must (through Your Security Contact) promptly report all
breaches of IT security to the Employment Systems Help Desk, including where Personnel
suspect that a breach may have occurred or that a person may be planning to breach IT security
and their resolution.
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19.25
Where the Department considers that the Work for the Dole Coordinator may be in breach of
this clause 19, or there is a risk of such a breach, the Department may, at our absolute
discretion, immediately suspend access to the Department’s IT Systems for any one or more of
the following:
(a)
any Personnel;
(b)
any subcontractor;
(c)
any Third Party IT Provider;
(d)
the Work for the Dole Coordinator; or
(e)
any Third Party System,
by providing notice to the Work for the Dole Coordinator.
19.26
Where the Department determines that the Work for the Dole Coordinator is in breach of, or
have previously breached, this clause 19, the Department may immediately take action
including any one or more of the following:
(a)
suspending, terminating, or requiring the cessation of all access to the Department’s IT
Systems for any Personnel, subcontractor, Third Party IT Provider, Third Party System or
the Work for the Dole Coordinator;
(b)
applying bandwidth throttling measures in respect of all access to the Department’s IT
Systems for any Personnel, subcontractor, Third Party IT Provider, Third Party System or
the Work for the Dole Coordinator;
(c)
requiring the Work for the Dole Coordinator to obtain new logon IDs for any Personnel,
subcontractor or Third Party IT Provider and if so, the Work for the Dole Coordinator must
promptly obtain such new logons; or
(d)
requiring the Work for the Dole Coordinator to prepare and implement an IT security plan
to the Department’s satisfaction, and if so, the Work for the Dole Coordinator must do so
within the timeframe required by the Department.
19.27
Any action taken by the Department under clauses 19.25 to 19.26 does not limit any other
rights the Department has under this Deed, including pursuant to clause 36.2, or under the law.
19.28
If the Department gives notice to the Work for the Dole Coordinator that access to the
Department’s IT Systems is terminated for any particular Personnel, subcontractor or Third
Party IT Provider, the Work for the Dole Coordinator must immediately take all actions
necessary to terminate that access.
Cybersafety Policy
19.29
For the purposes of this clause 19:
‘Clients’ means persons who may use the Work for the Dole Coordinator’s computers and/or
other digital technology that is supported through public funding provided pursuant to this
Deed, and includes but is not limited to, the Work for the Dole Coordinator, the Work for the
Dole Coordinator’s staff and the public, whether they be adult or Children.
‘Reasonable Steps’ means having in place strategies to minimise and manage risks of exposure
to inappropriate or harmful on-line content by users of computers, particularly Children, and
may include, but is not limited to, having a policy in place regarding appropriate use and
protection for Clients, installation of filters, audits and provision of information or training to the
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Work for the Dole Coordinator’s staff regarding the risks of, and protection from, inappropriate
or harmful on-line content.
19.30
The Commonwealth’s Cybersafety Policy is that where an organisation is funded by the
Commonwealth to carry out the Services using computers and/or other digital technology, the
safety of Clients when using those computers and/or other digital technology must be assured.
19.31
The Work for the Dole Coordinator must take Reasonable Steps to protect its Clients’
cybersafety.
19.32
If the Department gives the Work for the Dole Coordinator notice requiring it, the Work for the
Dole Coordinator must provide the Department, within 10 Business Days of receiving the notice,
with evidence satisfactory to the Department that the Work for the Dole Coordinator has
complied with the requirements of this Cybersafety Policy.
19.33
The Work for the Dole Coordinator agrees to include its obligations in relation to this
Cybersafety Policy in all subcontracts it enters into in relation to the Services.
20
Access to documents for the purposes of the Freedom of Information Act 1982 (Cth)
20.1
In this clause 20, ‘document’ has the same meaning as in the Freedom of Information Act 1982
(Cth).
20.2
The Work for the Dole Coordinator agrees that:
(a)
where the Department has received a request for access to a document created by, or in
the possession of, the Work for the Dole Coordinator, any subcontractor or any Third Party
IT Provider, the Department may, at any time, by notice, require the Work for the Dole
Coordinator to provide the document to the Department and the Work for the Dole
Coordinator must, at no additional cost to the Department, promptly comply with the
notice;
(b)
the Work for the Dole Coordinator must assist the Department in respect of the
Department’s obligations under the Freedom of Information Act 1982 (Cth), as required by
the Department; and
(c)
the Work for the Dole Coordinator must include in any subcontract, or contract with a
Third Party IT Provider, provisions that will enable the Work for the Dole Coordinator to
comply with its obligations under this clause 20.
21
Access to premises and Records
21.1
The Work for the Dole Coordinator must at all reasonable times give the Auditor-General, the
Privacy Commissioner, the Account Manager or any Department Employee:
(a)
unfettered access to:
(i)
its premises;
(ii) its information technology systems and those of any Third Party IT Provider;
(iii) all Material, including that relevant to claims for Fees, determining the Work for the
Dole Coordinator’s financial viability, and compliance with relevant work, health and
safety and industrial relations legislation; and
(iv) its Personnel; and
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(b)
all assistance, as required by the relevant Department Employee, to:
(i)
inspect its premises;
(ii) inspect the performance of Services; and
(iii) locate, inspect, copy and remove, all Material including data stored on the Work for
the Dole Coordinator’s information technology systems or those of any Third Party IT
Provider.
21.2
Subject to clause 21.3, the obligations referred to in clause 21.1 are subject to:
(a)
(b)
21.3
the provision of reasonable prior notice to the Work for the Dole Coordinator; and
the Department’s compliance with the Work for the Dole Coordinator’s reasonable
security procedures.
If:
(a)
a matter is being investigated that, in the opinion of the Department, may involve:
(i)
an actual or apprehended breach of the law;
(ii) a breach of this Deed; or
(iii) suspected fraud; or
(b)
the Department is otherwise conducting Programme Assurance Activities in relation to
the Provider,
clause 21.2 does not apply and Department Employees may remove and retain any Material
that the Department determines is relevant to the investigation, including items stored on an
electronic medium, provided that the Department returns a copy of all such Material to the
Work for the Dole Coordinator within a reasonable period of time.
21.4
The requirement for access specified in clause 21.1 does not in any way reduce the Work for the
Dole Coordinator’s responsibility to perform its obligations under this Deed.
22
Reporting
22.1
The Work for the Dole Coordinator must provide Reports to the Department in accordance with
item B.5 of Schedule 1 of this Deed.
23
Financial statements and guarantees
23.1
Subject to clause 23.3, the Work for the Dole Coordinator must, for the Term of this Deed,
provide to the Department audited financial statements:
(a) within 20 Business Days of its annual general meeting, or where no annual general meeting
is held, within 20 Business Days after the compilation of the financial statements; and
(b) no later than 120 Business Days after the end of its financial year.
23.2
If the Work for the Dole Coordinator is a Tendering Group or a partnership, then the Work for
the Dole Coordinator must provide one copy of the consolidated audited financial statements
for the Tendering Group or partnership, if available, and individual annual audited financial
statements for each member of the Tendering Group.
23.3
If required by the Department, the Work for the Dole Coordinator must provide to the
Department:
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(a) any other financial statements, in a form, with the content and at a frequency, as directed
by the Department; and
(b) within 20 Business Days of the relevant direction by the Department, a financial guarantee
in a form and in terms satisfactory to the Department.
24
Evaluation activities
24.1
The Work for the Coordinator agrees that:
(a)
evaluation activities may be undertaken by the Department for the purposes of evaluating
the Services, including the Work for the Dole Coordinator’s performance, and may include,
but are not limited to:
(i)
the Department monitoring, measuring and evaluating the delivery of the Services
by the Work for the Dole Coordinator;
(ii) the Work for the Dole Coordinator’s Personnel being interviewed by the Department
or an independent evaluator nominated by the Department; and
(iii) the Work for the Dole Coordinator giving the Department or the Department’s
evaluator access to its premises and Records in accordance with clause 21; and
(b)
it will fully cooperate with the Department in relation to all such activities.
25
Programme Assurance Activities
25.1
Throughout the Term of this Deed, the Department may conduct Programme Assurance
Activities to determine if the Work for the Dole Coordinator is meeting its obligations under this
Deed, and the Work for the Dole Coordinator must fully cooperate with the Department in
relation to all such activities as required by the Department.
26
Indemnity
26.1
The Work for the Dole Coordinator agrees to indemnify the Department against any:
(a)
loss or liability incurred by the Department; and
(b)
loss or expense incurred by the Department in dealing with any claim against the
Department, including legal costs and expenses on a solicitor/own client basis and the cost
of time spent, resources used, or disbursements paid by the Department;
arising from:
(c)
any act or omission by the Work for the Dole Coordinator, or any of its employees, agents,
or subcontractors in connection with this Deed, where there was fault on the part of the
person whose conduct gave rise to that liability, loss, damage, or expense;
(d)
any breach by the Work for the Dole Coordinator or any of its employees, agents, or
subcontractors of obligations or warranties under this Deed; and
(e)
the use by the Department of the Deed Material, including any claims by third parties
about the ownership or right to use Intellectual Property Rights (including moral rights) in
Deed Material.
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26.2
The Work for the Dole Coordinator’s liability to indemnify the Department under this clause 26
will be reduced proportionately to the extent that any fault on the Department’s part
contributed to the relevant loss, damage, expense, or liability.
26.3
The Department’s right to be indemnified under this clause 26 is in addition to, and not
exclusive of, any other right, power, or remedy provided by law, but the Department is not
entitled to be compensated in excess of the amount of the relevant loss, damage, expense or
liability.
26.4
In this clause 26, “fault” means any negligent or unlawful act or omission or wilful misconduct.
27
Liability of the Work for the Dole Coordinator to the Department
Joint and several liability
27.1
To the extent permitted by law, where:
(a)
more than one Party is a signatory to this Deed as the Work for the Dole Coordinator –
each of those Parties;
(b)
the Work for the Dole Coordinator is a partnership – each partner; or
(c)
the Work for the Dole Coordinator is a Tendering Group – each member of the Tendering
Group;
is jointly and severally liable for:
(d)
the performance of all of the obligations of the Work for the Dole Coordinator under this
Deed; and
(e)
all losses caused by any subcontractor engaged for the purpose of this Deed.
Proportionate liability
27.2
27.3
The Parties agree that, to the extent permitted by law:
(a)
the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and
any rights, obligations and liabilities under, or in connection with, this Deed whether such
rights, obligations or liabilities are sought to be enforced as a breach of contract, a claim in
tort or otherwise; and
(b)
in accordance with clause 42, this clause 27.2 applies to all and any rights, obligations and
liabilities under, or in connection with, this Deed whether such rights, obligations or
liabilities arise in the state of New South Wales or elsewhere in Australia.
The Parties agree that, in addition to clause 27.2, to the extent permitted by law:
(a)
the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and
any rights, obligations and liabilities arising in or connected with the state of New South
Wales;
(b)
the operation of Part 9A of the Civil Liability Act 2002 (Tas) is excluded in relation to all and
any rights, obligations and liabilities arising in or connected with the state of Tasmania;
(c)
the operation of Part 1F of the Civil Liability Act 2002 (WA) is excluded in relation to all and
any rights, obligations and liabilities arising in or connected with the state of Western
Australia; and
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(d)
the operation of Part 1F of the Civil Liability Act 2002 (WA) (CI) and the operation of Part
1F of the Civil Liability Act 2002 (WA) (CKI) are excluded in relation to all and any rights,
obligations and liabilities arising in or connected with the territory of Christmas Island and
the territory of the Cocos (Keeling) Islands, respectively,
under, or in connection with, this Deed whether such rights, obligations or liabilities are sought
to be enforced as a breach of contract, a claim in tort or otherwise.
28
Partnerships and Tendering Groups
28.1
If the Work for the Dole Coordinator is a partnership, the Work for the Dole Coordinator
warrants that the partner who executes this Deed is authorised to bind all of the partners in the
partnership.
28.2
If the Work for the Dole Coordinator is a Tendering Group, the Work for the Dole Coordinator:
(a)
warrants that each of its members are listed in the table at item D of Schedule 1;
(b)
warrants that each of its members have given their authority to the member named in the
table at item D of Schedule 1 as the Tendering Group’s lead member to negotiate, bind
and act on that member’s behalf in relation to this Deed and any variations thereto; and
(c)
must not change its membership without the Department agreeing in writing, and the
Work for the Dole Coordinator complying with any direction from the Department in
relation to the change.
29
Conflict of Interest
29.1
The Work for the Dole Coordinator warrants that, to the best of its knowledge after making
reasonable inquiries, at the Deed Commencement Date no Conflict exists or is likely to arise in
the performance of its obligations under this Deed.
29.2
If during the Term of this Deed, a Conflict arises, or is likely to arise, including as determined and
Notified by the Department, the Work for the Dole Coordinator must:
(a)
(b)
(c)
immediately notify the Department in writing of that Conflict and of the steps it proposes
to take to resolve or otherwise deal with the Conflict;
make full disclosure to the Department of all relevant information relating to the Conflict;
and
take steps as the Department may, if it chooses to, reasonably require to resolve or
otherwise deal with that Conflict.
29.3
If the Work for the Dole Coordinator fails to take action under this clause 29 and/or is unable or
unwilling to resolve or deal with the Conflict as required, the Department may terminate this
Deed under clause 39.
30
Negation of Employment, Partnership and Agency
30.1
The Work for the Dole Coordinator will not, by virtue of this Deed, be or for any purpose be
deemed to be the Department’s employees, partners or agents.
30.2
The Work for the Dole Coordinator must not represent itself, and must ensure that its
employees, partners, agents or subcontractors do not represent themselves, as being the
Department’s employees, partners or agents.
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31
Entire agreement, Variation and Severance
31.1
This Deed records the entire agreement between the parties in relation to its subject matter.
31.2
Except for action the Department is expressly authorised to take elsewhere in this Deed, no
variation of this Deed is binding unless it is agreed in writing and signed by the parties.
31.3
If a court or tribunal finds any provision of this Deed has no effect or interprets a provision to
reduce an obligation or right, this does not invalidate, or restrict the operation of, any other
provision.
32
Waiver
32.1
If either Party does not exercise (or delays in exercising) any rights under this Deed, that failure
or delay does not operate as a waiver of those rights.
32.2
A waiver by either Party of any rights does not prevent the further exercise of any right.
32.3
Waiver of any provision of, or right under, this Deed:
(a)
(b)
must be in writing and be signed by the Party entitled to the benefit of that provision or
right; and
is effective only to the extent set out in the written waiver.
32.4
In this clause 32, “rights” means rights or remedies provided by this Deed or at law.
33
Assignment and Novation
33.1
The Work for the Dole Coordinator must not assign its rights under this Deed without prior
written approval from the Department.
33.2
The Work for the Dole Coordinator agrees not to negotiate with any other person to enter into
an arrangement that will require novation of this Deed without first consulting the Department.
34
Dispute Resolution
34.1
Each Party agrees that they will:
(a)
only seek to rely on this clause 34 in good faith, and only where the Party seeking to rely
on this clause has made a reasonable assessment that the rights and obligations of the
parties in respect of a matter subject to this clause 34.1, are genuinely in dispute; and
(b)
co-operate fully with any process instigated in accordance with this clause, in order to
achieve a prompt and efficient resolution of any dispute.
Informal resolution
34.2
Subject to clause 34.5, the parties agree that any dispute arising in relation to this Deed will be
dealt with, in the first instance, through the process outlined in the Joint Charter of Deed
Management.
Formal resolution
34.3
Subject to clause 34.5, if any dispute arising in relation to this Deed cannot be resolved using
the process in clause 34.2, the parties will use the following process:
(a)
the Party claiming that there is a dispute will give the other Party a notice setting out the
nature of the dispute;
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(b)
within five Business Days of receipt of the notice under clause 34.3(a), each Party will
nominate a representative who has not been previously involved in the dispute;
(c)
the Parties’ representatives will try to settle the dispute by direct negotiation between
them;
(d)
if the dispute is not resolved within 10 Business Days of the date on which the last Party
to do so nominates a representative under clause 34.3(b), the Party claiming that there is
a dispute will refer the dispute to an independent third person, as agreed between the
parties, with power to mediate and recommend some form of non-binding resolution;
(e)
if the dispute is not resolved within 10 Business Days of the date on which the dispute was
referred to an independent third person in accordance with clause 34.3(d), the Party
claiming that there is a dispute will refer the dispute to an independent third person, as
agreed between the parties, with power to intervene and direct some form of resolution,
in which case the parties will be bound by that resolution; and
(f)
if:
(i)
agreement on an independent third person cannot be reached under clauses 34.3(d)
or 34.3(e); or
(ii) the dispute is not resolved within 20 Business Days of referring the dispute to an
independent third person pursuant to clause 34.3(e),
either Party may commence legal proceedings.
34.4
Each Party will bear its own costs of complying with this clause 34, and the parties must bear
equally the cost of any independent third person engaged under clauses 34.3(d) and 34.3(e).
34.5
This clause 34 does not apply to the following circumstances:
(a)
either Party commences legal proceedings for urgent interlocutory relief;
(b)
where action is taken, or purportedly taken by the Department under clauses 4, 6, 7, 8, 9,
10, 11, 19, 21, 35, 36, 37, 38 or 39;
(c)
where the Department is conducting its own breach of this Deed or fraud investigation or
taking consequential action; or
(d)
where an authority of the Commonwealth, a State or Territory is investigating a breach or
suspected breach of the law by the Work for the Dole Coordinator.
34.6
Despite the existence of a dispute, both parties must (unless requested in writing by the other
Party not to do so) continue to perform obligations under this Deed.
35
Work for the Dole Coordinator suspension
35.1
Without limiting the Department’s rights under this Deed or at law, the Department may, in
addition to taking any other action available to it under clause 36, and prior to taking action
under clause 39, take action under clause 36.2(a), if the Department is of the opinion that:
(a)
the Work for the Dole Coordinator may be in breach of its obligations under this Deed, and
while the Department investigates the matter;
(b)
the Work for the Dole Coordinator’s performance of any of its obligations under this Deed,
including achievement against the KPIs, is less than satisfactory to the Department;
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(c)
the Work for the Dole Coordinator has outstanding or unacquitted money under any
arrangement, whether contractual or statutory, with the Commonwealth; or
(d)
the Work for the Dole Coordinator may be engaged in fraudulent activity, and while the
Department investigates the matter.
35.2
Notwithstanding any action taken by the Department under clause 35.1, the Work for the Dole
Coordinator must continue to perform its obligations under this Deed, unless the Department
agrees otherwise in writing.
36
Remedies
36.1
Without limiting any other rights available to the Department under this Deed or the law, if:
(a)
the Work for the Dole Coordinator fails to rectify a breach, or pattern of breaches, of this
Deed, as determined and specified by the Department, to the Department’s satisfaction,
within 10 Business Days of receiving a notice from the Department to do so, or such other
period specified by the Department;
(b)
the Work for the Dole Coordinator fails to fulfil, or is in breach of, any of its obligations
under this Deed that are not capable of being rectified, as determined by the Department;
(c)
the Work for the Dole Coordinator’s performance of any of its obligations under this Deed
is less than satisfactory to the Department; or
(d)
an event has occurred which would entitle the Department to terminate this Deed in
whole or in part under clause 39,
the Department may, at its absolute discretion and by providing notice to the Work for the Dole
Coordinator, immediately exercise one or more of the remedies set out in clause 36.2.
36.2
The remedies that the Department may exercise are:
(a)
suspending any or all of the following, until otherwise notified by the Department:
(i)
Fees, in whole or in part, until otherwise notified by the Department;
(ii) access to all or part of the Department’s IT Systems for the Work for the Dole
Coordinator, any Personnel, subcontractor, Third Party IT Provider, Third Party
System and/or other person;
(b)
terminating, or requiring the cessation of all access to the Department’s IT Systems for
any particular Personnel, subcontractor, Third Party IT Provider, Third Party System or any
other person;
(c)
requiring the Work for the Dole Coordinator to obtain new logon IDs for any Personnel,
subcontractor or Third Party IT Provider and if so, the Work for the Dole Coordinator must
promptly obtain such new logons; or
(d)
imposing additional conditions on the making of any Fees and/or the management of
Records, as the Department thinks fit, and the Work for the Dole Coordinator must
comply with any such special conditions;
(e)
reducing or not paying specific Fees that would otherwise have been payable in respect of
the relevant obligation;
(f)
reducing the total amount of any Fees, permanently or temporarily;
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36.3
(g)
where the Department has already paid Fees, recovering, at the Department’s absolute
discretion, but taking into account the extent and nature of the breach, some or all of the
Fees, as a debt;
(h)
imposing financial or additional performance reporting requirements on the Work for the
Dole Coordinator;
(i)
reducing the number of Employment Regions;
(j)
reducing the scope of this Deed; and
(k)
taking any other action set out in this Deed.
If the Department takes any action under this clause 36:
(a)
where relevant, this Deed will be deemed to be varied accordingly; and
(b)
the Work for the Dole Coordinator is not relieved of any of its obligations under this Deed.
36.4
For the avoidance of doubt, any reduction of Fees or the scope of this Deed under this clause 36
does not amount to a reduction of scope or termination for which compensation is payable.
37
Performance under past Commonwealth agreements
37.1
Where the Work for the Dole Coordinator was engaged to deliver services under the
Employment Services Deed 2012-2015 or any other Commonwealth agreement in operation
prior to 1 July 2015 between the Work for the Dole Coordinator and the Commonwealth (‘a
past Commonwealth agreement’) and the Department determines that the Work for the Dole
Coordinator:
(a)
failed to fulfil, or was in breach of, any of its obligations under a past Commonwealth
agreement; or
(b)
without limiting clause 37.1(a), claimed payment(s) under a past Commonwealth
agreement and the requirements under the past Commonwealth agreement to be
entitled to, or to qualify for the payment(s) were not fully or properly satisfied by the
Work for the Dole Coordinator,
the Department may, at its absolute discretion and by notice to the Work for the Dole
Coordinator:
(c)
exercise one or more of the remedies set out in clause 36.2 of this Deed; or
(d)
terminate this Deed, if the failure, breach, or conduct under clause 37.1(a) or 37.1(b)
permitted the Commonwealth to terminate the relevant past Commonwealth agreement.
37.2
A termination of this Deed under clause 37.1(d) entitles the Department to claim damages from,
and exercise any other rights against, the Work for the Dole Coordinator as a result of that
termination, as if the termination was for a breach of an essential term of the Deed at law.
37.3
Any action taken by the Department under this clause 37 does not in any way limit any rights of
the Department under a past Commonwealth agreement, under this Deed (including, but not
limited to, rights in relation to debts and offsetting under clause 6 of this Deed) or at law.
38
Termination with Costs and Reduction
38.1
The Department may, at any time by written notice to the Work for the Dole Coordinator,
terminate this Deed in whole or reduce the scope of this Deed without prejudice to the rights,
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liabilities, or obligations of either Party accruing prior to the date of termination. If this Deed is
terminated or reduced in scope the Department will only be liable for:
38.2
(a)
payments under the payment provisions of this Deed that were due before the effective
date of termination; and
(b)
subject to clauses 38.3 and 38.4, any reasonable costs incurred by the Work for the Dole
Coordinator and directly attributable to the termination or partial termination of this
Deed.
Upon receipt of a notice of termination or reduction in scope the Work for the Dole Coordinator
must:
(a)
stop work as specified in the notice;
(b)
take all available steps to minimise loss resulting from that termination or reduction in
scope and to protect Commonwealth Material and Deed Material; and
(c)
continue work on any part of the Services not affected by the notice.
38.3
If there is a reduction in the scope of the Work for the Dole Coordinator’s obligations under this
Deed, the Department’s liability to pay any part of the Fees set out in item AA of Schedule 2 will,
in the absence of agreement to the contrary, abate proportionately to the reduction in the
obligations under this Deed.
38.4
The Department will not be liable to pay compensation for loss of prospective profits for a
termination or reduction in scope under this clause 38 or redundancy costs or payments or loss
of any benefits that would have been conferred on the Work for the Dole Coordinator had the
termination or reduction not occurred.
39
Termination for Default
39.1
The Department may immediately terminate this Deed by giving written notice to the Work for
the Dole Coordinator of the termination if:
(a)
the Department becomes aware of any information which indicates that, prior to entering
into this Deed, the Work for the Dole Coordinator has engaged in misleading or deceptive
conduct, made a statement that is incorrect or incomplete, or omitted to provide
information to the Department, and the Department is satisfied that such information
may have affected the Department’s decision to enter into this Deed or any action taken
by the Department under this Deed;
(b)
the Work for the Dole Coordinator fails to fulfil, or is in breach of any of its obligations
under this Deed [including but not limited to its obligations under clause 29 (Conflict of
Interest)], and the Work for the Dole Coordinator does not rectify the omission or breach
within 10 Business Days of receiving a notice in writing from the Department to do so;
(c)
the Work for the Dole Coordinator fails to fulfil, or is in breach of any of its obligations
under clause 17 (Disclosure of Information) or clause 18 (Protection of Personal and
Protected Information);
(d)
any Specified Personnel are unable to undertake work on the Services in accordance with
the terms of this Deed, irrespective of whether the Work for the Dole Coordinator is able
to provide a replacement person;
(e)
the Department has requested the removal of Specified Personnel and the Work for the
Dole Coordinator is unable to provide replacement personnel acceptable to the
Department;
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(f)
the Work for the Dole Coordinator fails to fulfil, or is in breach of its obligations to comply
with the Media and Promotion Requirements on two or more occasions after having been
given notice by the Department in writing of at least one of the breaches;
(g)
the Department reviews the Work for the Dole Coordinator’s performance in accordance
with item B of Schedule 3 and determine that it has failed to satisfactorily meet one or
more of the KPIs for one or more Performance Periods;
(h)
where the Work for the Dole Coordinator is also contracted to provide services under a
jobactive Deed or Disability Employment Services Deed and either of those Deeds are
terminated;
(i)
the Work for the Dole Coordinator is unable to pay all its debts when they become due;
(j)
the Work for the Dole Coordinator is an incorporated body and:
(i)
fails to comply with a statutory demand within the meaning of section 459F of the
Corporations Act 2001 (Cth);
(ii) proceedings are initiated to obtain an order for the Work for the Dole Coordinator’s
winding up or any shareholder, member or director convenes a meeting to consider
a resolution for the Work for the Dole Coordinator’s winding up;
(iii) comes under one of the forms of external administration referred to in Chapter 5 of
the Corporations Act 2001 (Cth) or equivalent provisions in other legislation, or an
order has been made to place the Work for the Dole Coordinator under external
administration; or
(iv) notice is served on the Work for the Dole Coordinator or proceedings are taken to
cancel the Work for the Dole Coordinator’s incorporation or registration or to
dissolve the Work for the Dole Coordinator as a legal entity;
(k)
the Work for the Dole Coordinator is an individual and becomes bankrupt or enters into a
scheme of arrangement with creditors; or
(l)
the Work for the Dole Coordinator ceases to carry on a business relevant to the
performance of the Services.
39.2
The Work for the Dole Coordinator may immediately terminate this Deed by giving written
notice to the Department of the termination if the Department fails to fulfil, or is in breach of
any of its obligations under this Deed and the Department does not rectify the omission or
breach within 10 Business Days of receiving a notice in writing from the Work for the Dole
Coordinator to do so.
40
Compliance with Laws and Our Policies
40.1
The Work for the Dole Coordinator must, in carrying out its obligations under this Deed, comply
with:
(a)
(b)
all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State,
Territory or local authority; and
any of the Department’s policies notified by the Department to the Work for the Dole
Coordinator in writing,
including those listed in item K of Schedule 1.
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The WGE Act (Cth)
40.2
Clauses 40.3 to 40.5 apply only to the extent that the Work for the Dole Coordinator is a
‘relevant employer’ for the purposes of the WGE Act.
40.3
If the Work for the Dole Coordinator becomes non-compliant with the WGE Act during the Term
of this Deed, the Work for the Dole Coordinator must notify the Department as soon as
practicable.
40.4
The Work for the Dole Coordinator must provide a current letter of compliance issued to the
Work for the Dole Coordinator by the Commonwealth Workplace Gender Equality Agency
within 18 months from the Deed Commencement Date and following this, annually, to the
Department.
40.5
Compliance with the WGE Act does not relieve the Work for the Dole Coordinator from its
responsibility to comply with its other obligations under this Deed.
41
Aboriginal and Torres Strait Islander peoples and Indigenous Training, Employment and
Supplier Plan
41.1
This clause 41 only applies to the Work for the Dole Coordinator if notified by the Department
that it applies.
Note: The Work for the Dole Coordinator will be notified by the Department that this clause 41 applies if
the Work for the Dole Coordinator is providing Services in regions where significant populations of
Aboriginal and Torres Strait Islander people exist.
41.2
The Work for the Dole Coordinator must, by 1 July 2015 or such later date as advised by the IOP
Administrator, produce and have approved by the IOP Administrator, an Indigenous Training,
Employment and Supplier Plan in accordance with any requirements specified by the IOP
Administrator.
41.3
The Work for the Dole Coordinator must maintain and implement a current ITES Plan
throughout the Term of this Deed. Implementation in no way diminishes the Work for the Dole
Coordinator’s other obligations under, or in connection, with this Deed.
41.4
The Work for the Dole Coordinator must apply for re-approval of its ITES Plan no less than two
months prior to the expiry of its existing ITES Plan, or as otherwise advised by the IOP
Administrator.
41.5
The Work for the Dole Coordinator must provide the IOP Administrator with an annual
Implementation and Outcomes Report that meets the requirements stipulated in the
Indigenous Opportunity Policy Guidelines, which report must be submitted in accordance with
the requirements of the IOP Administrator.
41.6
The Department of Prime Minister and Cabinet, or any other Commonwealth entity, may
publicise or report:
41.7
(a)
the Work for the Dole Coordinator’s performance in relation to, and level of compliance
with, its ITES Plan; and
(b)
any information contained in any Implementation and Outcomes Report required by
clause 41.5.
Without limiting the Department’s rights, if the Work for the Dole Coordinator does not:
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(a)
maintain a current ITES Plan under clause 41.3; or
(b)
report under clause 41.5 to the satisfaction of the IOP Administrator,
the Department may take action under clause 36.
41.8
The Work for the Dole Coordinator must:
(a)
by 1 July 2015, develop an indigenous employment strategy which is designed to attract,
develop, and retain Aboriginal or Torres Strait Islander persons as employees within the
Work for the Dole Coordinator’s Own Organisation;
(b)
implement and maintain that strategy for the Term of this Deed; and
(c)
provide a copy of this strategy to the Department on request.
41.9
The Work for the Dole Coordinator must work in partnership with Jobs, Land and Economy
Programme providers, Employers, and community service organisations, on employment
related strategies or initiatives to maximise employment of Aboriginal and Torres Strait Islander
peoples in local jobs.
41.10
The Work for the Dole Coordinator may enter into agreements with relevant Jobs, Land and
Economy Programme providers in locations where they are both operating for the purpose of
maximising employment outcomes for Aboriginal and Torres Strait Islander peoples in
relation to specific Jobs, Land and Economy Programme projects.
42
Applicable Law and Jurisdiction
42.1
The laws of New South Wales apply to the interpretation of this Deed.
42.2
The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales
in respect to any dispute under this Deed.
43
Notices
43.1
A Party giving notice or notifying under this Deed must do so in writing, or by email, addressed
to the Account Manager or the Contact Person, as relevant, and if:
(a)
(b)
43.2
in writing, the notice must be hand delivered or sent by pre-paid post to the street
address;
by email, the notice must be sent to the email address of the Account Manager or the
Contact Person, as relevant.
A notice given in accordance with clause 43.1 is taken to be received:
(a)
(b)
(c)
if hand delivered, on delivery;
if sent by pre-paid post, five Business Days after the date of posting, unless it has been
received earlier; or
if sent by email, upon actual receipt by the addressee.
43.3
For the purposes of this clause 43, the Contact Person’s and the Account Manager’s address
details are as specified in item L of Schedule 1 and item BB of Schedule 2, respectively.
44
Gap filling
44.1
For the purposes of filling gaps in Work for the Dole Coordinator Services, the Department and
the Work for the Dole Coordinator may agree to provision of additional Services by the Work for
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the Dole Coordinator, on the same terms as specified in this Deed at the times requested by the
Department.
45
Transition
45.1
The Work for the Dole Coordinator must, if directed by the Department, provide sufficient
assistance and cooperation to any person nominated by the Department to enable services to
continue to be provided to Employment Providers, Work for the Dole Host Organisations and
key stakeholders:
45.2
(a)
on the termination of this Deed in whole or in part before the Completion Date;
(b)
at the Completion Date; or
(c)
at any other time for any other reason.
The sufficient assistance and cooperation that the Work for the Dole Coordinator must provide
under clause 45.1 includes, as a minimum, complying with the Department’s directions in
relation to:
(a)
the transfer of Deed Material and Commonwealth Material in the Work for the Dole
Coordinator’s possession or control including that stored in Third Party Systems; and
(b)
the redirection of Employment Providers and Work for the Dole Host Organisations,
to any person nominated by the Department, or to the Department.
46
Acknowledgement and promotion
46.1
The Work for the Dole Coordinator must, in all publications, and in all promotional, publicity and
advertising Materials or activities of any type undertaken by, or on behalf of, the Work for the
Dole Coordinator relating to the Services or this Deed:
(a)
comply with any promotion and style guidelines issued by the Department from time to
time;
(b)
use badging and signage in accordance with any Guidelines;
(c)
acknowledge the financial and other support the Work for the Dole Coordinator has
received from the Commonwealth, in the manner consistent with any Guidelines; and
(d)
deliver to the Department (at the Department’s request and at the Work for the Dole
Coordinator’s own cost) copies of all promotional, publicity and advertising Materials that
the Work for the Dole Coordinator has developed for the purposes of this Deed.
46.2
The Work for the Dole Coordinator must market and promote the Services, as required by
the Department, and deal with enquiries relating to the Work for the Dole Coordinator’s
provision of the Services, in accordance with item B.3.13 of Schedule 1 and any
Guidelines.
47
The Department’s right to publicise the Services and best practice
47.1
The Department may, by any means, publicise and report on the Services and on the awarding
of this Deed to the Work for the Dole Coordinator, including the name of the Work for the Dole
Coordinator, the amounts of Fees paid, or expected to be paid to the Work for the Dole
Coordinator, and a description of the Services.
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47.2
Where the Department identifies best practice on the part of the Work for the Dole
Coordinator, the Department may disseminate advice of such best practice to any other person,
including other Work for the Dole Coordinators.
48
Survival of Clauses
48.1
These clauses survive the expiration or earlier termination of this Deed: 6, 13, 16, 17, 18, 19, 20,
21, 22, 24, 26, 27, 34, 36, 42, 46 and any provisions, other than those aforementioned, that are
expressly specified as surviving, or by implication from their nature are intended to continue.
48.2
Clause 21 applies during the Term of this Deed and for seven years from the end of this Deed.
49
Interpretation
49.1
In this Deed, unless the contrary intention appears:
‘ABN’ has the same meaning as it has in section 41 of the A New Tax System (Australian Business
Number) Act 1999 (Cth);
‘Aboriginal or Torres Strait Islander person’ means a person who:
(a)
is identified as such on the Department’s IT Systems; or
(b)
is of Aboriginal and/or Torres Strait Islander descent;
(c)
identifies as an Aboriginal and/or Torres Strait Islander person; and
(d)
is accepted as such in the community in which the person lives or has lived;
‘Account Manager’ means the person for the time being performing the duties of the office specified in
item BB of Schedule 2 or any other person specified by the Department and notified in writing to the
Work for the Dole Coordinator;
‘Auditor-General’ means the office established under the Auditor-General Act 1997 (Cth) and includes
any other entity that may, from time to time, perform the functions of that office;
‘Australian Privacy Principles’ has the meaning given to that term in section 6 of the Privacy Act;
‘Author’ means a person who is an author of any Deed Material or Excluded Material for the purposes
of Part IX of the Copyright Act 1968 (Cth) (Moral Rights);
‘Authorised Officer’ means a person who is an ‘authorised officer’ as defined under the Public Interest
Disclosure Act 2013 (Cth);
‘Business Day’ means in relation to the doing of any action in a place, any day other than a Saturday,
Sunday or public holiday in that place;
‘Child’ means a person under the age of 18 years, and ‘Children’ has a corresponding meaning;
‘Commonwealth’ means the Commonwealth of Australia and includes officers, delegates, employees
and agents of the Commonwealth of Australia;
‘Commonwealth Data’ means all data and information relating to the Commonwealth and its
operations, facilities, customers, personnel, assets and programs (including Personal Information) in
whatever form that information may exist and whether entered into, stored in, generated by or
processed through software or equipment by or on behalf of the Commonwealth;
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‘Commonwealth Material’ means any Material provided by the Department to the Work for the Dole
Coordinator for the purposes of this Deed or which is copied from that Material, except for Deed
Material;
‘Commonwealth Records’ means any Records provided by the Department to the Work for the Dole
Coordinator for the purposes of this Deed, and includes Records which are copied or derived from
Records so provided;
‘Community Action Group Activity’ means an activity which may occur on private property and which
contributes to recovery efforts following a disaster event in local communities as specified in any
Guidelines or advised by the Department from time to time;
‘Competent Person’ means a person who has acquired through training, qualification or experience the
knowledge and skills to carry out specific work health and safety tasks, and as otherwise specified in any
Guidelines;
‘Completion Date’ means the date specified in item A of Schedule 1;
‘Confidential Information’ means all information that the Parties agree to treat as confidential by notice
to each other after the Deed Commencement Date; or that the Parties know, or ought reasonably to
know, is confidential to each other;
‘Condition of Offer’ means a condition placed by the Department on its offer of this Deed to the Work
for the Dole Coordinator;
‘Conflict’ refers to a conflict of interest, or risk of a conflict of interest, or an apparent conflict of interest
arising through the Work for the Dole Coordinator engaging in any activity or obtaining any interest that
is likely to interfere with or restrict the Work for the Dole Coordinator in providing the Services to the
Department fairly and independently;
‘Contact Person’ means the person specified in item L of Schedule 1 who has authority to receive and
sign notices and written communications for the Work for the Dole Coordinator under this Deed and
accept any request or direction in relation to the Services.
‘Cybersafety Policy’ means the Commonwealth policy of that name as specified at clauses 19.29 to
19.33;
‘Deed’ means this document, as varied or extended by the Parties from time to time in accordance with
this Deed, and includes any Conditions of Offer, the schedules, annexures, if any, and documents
incorporated by reference, including any Guidelines;
‘Deed Commencement Date’ means the date written on the signature page of this Deed, and if no date
or more than one date is written there, then the date on which this Deed is signed by the last Party to
do so;
‘Deed Material’ means:
(a)
any Material specified under the heading ‘Deed Material’ in item I of Schedule 1;
(b)
any other Material developed or created or required to be developed or created as part of or for
the purpose of performing this Deed;
(c)
any other Material incorporated in, supplied or required to be supplied along with the Material
referred to in paragraphs (a) and (b); or
(d)
copied or derived from Records referred to in paragraphs (a), (b) or (c);
and includes all Deed Records, but does not include Excluded Material;
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‘Deed Records’ means all Records:
(a)
developed or created or required to be developed or created as part of or for the purpose of
performing this Deed;
(b)
incorporated in, supplied or required to be supplied along with the Records referred to in
paragraph (a) above; or
(c)
copied or derived from Records referred to in paragraphs (a) or (b),
and includes all Reports;
‘Department’ means the Commonwealth Department of Employment or such other agency or
department as may administer this Deed on behalf of the Commonwealth from time to time, and where
the context so admits, includes the Commonwealth’s relevant officers, delegates, employees and
agents;
‘Department Employee’ means an employee of the Commonwealth working for the Department and:
(a)
any person notified by the Department to the Work for the Dole Coordinator as being a
Department Employee; and
(b)
any person authorised by law to undertake acts on behalf of the Department;
‘Department’s IT Systems’ means the Department’s IT computer system accessible by the Work for the
Dole Coordinator, delivered as web-browser applications optimised for Internet Explorer 11, and
through which information is exchanged between the Work for the Dole Coordinator, subcontractors,
the Department of Human Services and the Department in relation to the Services;
‘Department’s Security Policies’ means policies relating to the use and security of the Department’s IT
Systems and Records, and includes the policy by the name of the Department’s External Security Policy For Contracted Service Providers and Users and any other security policies notified by the Department
from time to time. Relevant policies are available on the Department’s IT Systems through the following
path: Provider Portal > Employment Provider Services > Provider Operations > IT Security & Access, or at
such other location as advised by the Department from time to time;
‘Director’ means any of the following:
(a)
a person appointed to the position of a director or alternate director, and acting in that capacity,
of a body corporate within the meaning of the Corporations Act 2001 (Cth) regardless of the name
given to their position;
(b)
a member of the governing committee of an Aboriginal and Torres Strait Islander corporation
under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);
(c)
a member of the committee of an organisation incorporated pursuant to State or Territory laws
relating to the incorporation of associations;
(d)
a person who would be a director of the body corporate under paragraph (a) above if the body
corporate were a body corporate within the meaning of the Corporations Act 2001 (Cth);
(e)
a person who acts in the position of a director of a body corporate;
(f)
a person whose instructions or wishes the directors of a body corporate are accustomed to acting
upon, and not simply because of the person’s professional capacity or business relationship with
the directors or the body corporate; and
(g)
a member of the board, committee or group of persons (however described) that is responsible
for managing or overseeing the affairs of the body corporate;
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‘Disability Employment Services’ means the services provided under the Disability Employment Services
Deed administered by the Department of Social Services;
‘Disability Employment Services Deed’ means the agreement for the provision of Disability Employment
Services with the Department of Social Services;
‘Eligible Job Seeker’ means a person who is eligible to participate in Work for the Dole as identified in
any Guidelines;
‘Employment Provider’ means any entity contracted to the Commonwealth to provide Employment
Provider Services under the jobactive Deed;
‘Employment Systems Help Desk’ means the Department’s centralised point of IT support for
employment service providers in relation to the Department’s IT Systems, including the Employment
Services System and Employment and Community Services Network;
‘Employment Region’ means a geographical area specified in item B.4 of Schedule 1, and displayed at
http://lmip.gov.au/, as varied by the Department from time to time at the Department’s absolute
discretion, in which the Work for the Dole Coordinator is contracted to provide the Services;
'Excluded IPR' means the Intellectual Property Rights in the Excluded Material;
'Excluded Material' means any Material specified under the heading ‘Excluded Material’ in item I of
Schedule 1;
‘Fees’ means any amount payable by the Department under this Deed specified to be Fees and includes
an establishment fee, service fees and Work for the Dole Place fees;
‘Group Based Activity’ means a Work for the Dole activity, hosted by a Work for the Dole Host
Organisation and designed for more than one Eligible Job Seeker, which involves carrying out tasks as
part of a specific group project;
‘GST’ has the same meaning as it has in section 195-1 of the GST Act;
‘GST Act’ means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
‘Guidelines’ refers to the guidelines issued and amended by the Department, from time to time,
including those titled Performance Framework Guidelines;
‘Harmful Code’ means any software or code that is designed to infiltrate a computer, system, network
or other infrastructure without an end user’s informed consent, such as malware, virus, trojans, worms,
spam, phishing e-mail, backdoors, botspyware, adware, diallers, toolkits, keyloggers, highjackers, web
bug, exploits, cracking tools, and hacking tools;
‘Implementation and Outcomes Report’ means a report in accordance with the Indigenous
Opportunities Policy Guidelines;
‘Indigenous Opportunities Policy Guidelines’ means the Guidelines relating to Indigenous Training,
Employment and Supplier Plans, as amended by the Department of Prime Minister and Cabinet from
time to time, and available at: http://docs.Employment.gov.au/node/12516;
‘Indigenous Training, Employment and Supplier Plan’ or ‘ITES Plan’ means a plan:
(a)
in accordance with the Indigenous Opportunities Policy Guidelines; and
(b)
of five years duration from 1 July 2015, or such other date advised by the IOP Administrator,
that specifies how the Provider intends to:
(c)
provide training and employment opportunities to local Aboriginal and Torres Strait Islander
peoples; and
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(d)
utilise Aboriginal and Torres Strait Islander businesses that are small to medium enterprises,
in each Employment Region in which the Provider provides Services and in which significant populations
of Aboriginal and Torres Strait Islander peoples exist, as Notified to the Provider by the Department;
‘Indigenous Opportunities Policy Administrator’ or ‘IOP Administrator’ means the Indigenous
Opportunities Policy Administrator in the Department of Prime Minister and Cabinet, or any other
agency or department as may administer the Indigenous Opportunities Policy on behalf of the
Commonwealth from time to time;
‘Individual Hosted Activity’ means a Work for the Dole activity hosted by a Work for the Dole Host
Organisation, in which the Work for the Dole Place(s) is designed for an individual Eligible Job Seeker;
‘Intellectual Property Rights’ includes all copyright (including rights in relation to phonograms and
broadcasts), all rights in relation to inventions (including patent rights), plant varieties, registered and
unregistered trademarks (including service marks), registered designs, circuit layouts, and all other
rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
‘Interest’ means interest calculated at a rate equal to the general interest charge rate for a day pursuant
to section 8AAD of the Tax Administration Act 1953 (Cth), on a daily compounding basis;
‘jobactive’ means the Commonwealth programme of that name (or such other name as advised by the
Department from time to time), administered by the Department;
‘jobactive Deed’ means the jobactive Deed 2015 to 2020 for the provision of employment services to
the Commonwealth in relation to jobactive;
‘Jobs, Land and Economy Programme’ means the programme administered by the Department of Prime
Minister and Cabinet which aims to get adult Aboriginal or Torres Strait Islander persons into work,
foster viable indigenous businesses and assist Aboriginal or Torres Strait Islander persons to generate
economic and social benefits from land and sea use and native title rights;
‘Joint Charter of Deed Management’ means the charter at Annexure 1 of this Deed which embodies the
commitment by the Department and the Work for the Dole Coordinator to work cooperatively to
achieve shared goals and outcomes in the delivery of employment services;
‘Key Performance Indictors’ or ‘KPIs’ means the key performance indicators the Work for the Dole
Coordinator must achieve in providing the Services as set out in Schedule 3 and any Guidelines;
‘Lead Provider’ means an Employment Provider who has been identified as such by either the Work for
the Dole Coordinator, the Department’s IT Systems or the Department, in accordance with any
Guidelines;
‘Material’ includes documents, equipment, software (including source code and object code), goods,
information and data stored by any means including all copies and extracts of the same;
‘Media and Promotion Requirements’ means the Department’s requirements in relation to media and
promotion as set out in item B.3.13 of Schedule 1 and as notified to the Work for the Dole Coordinator
from time to time;
‘Non-regional Location’ means a location identified on the Department’s IT Systems as not attracting a
regional loading, or as otherwise specified in any Guidelines;
‘Own Organisation’ means the Work for the Dole Coordinator or that part of the Work for the Dole
Coordinator that delivers Services under this Deed;
‘Party’ means a party to this Deed;
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‘Payment Period’ means a period for which service fees, or any other relevant Fees specified in this
Deed, are paid by the Department as specified in item AA.1 of Schedule 2;
‘Performance Period’ means a period of six months in which the Department reviews the Work for the
Dole Coordinator’s performance in accordance with B of Schedule 3;
‘Personal Information’ has the same meaning as it has in section 6 of the Privacy Act;
‘Personnel’ means in relation to the Work for the Dole Coordinator, any natural person who is an
officer, employee, volunteer or professional advisor of the Work for the Dole Coordinator, and includes
its Specified Personnel;
‘Privacy Act’ means the Privacy Act 1988 (Cth);
‘Privacy Commissioner’ means the person appointed to the position of that name and responsible for
the administration of the Privacy Act under relevant legislation;
‘Programme Assurance Activities’ refers to activities that may be conducted at any time, to assist the
Department in determining whether the Work for the Dole Coordinator is meeting its obligations under
the Deed, including any Guidelines;
‘Progress Report’ means a report of that name as specified at item B.5 of Schedule 1;
‘Project of National Significance’ means an activity, which may occur on private property, for nationally
significant projects at a local level across a range of localities as specified in any Guidelines or advised by
the Department from time to time;
‘Protected Information’ has the same meaning as under section 23 of the Social Security Act 1991;
‘Recipient Created Tax Invoice’ has the meaning given in section 195-1 of the GST Act
‘Records’ means documents, information and data stored by any means and all copies and extracts of
the same, and includes Deed Records, Commonwealth Records and Your Records;
‘Regional Location’ means a location identified on the Department’s IT Systems as attracting a regional
loading, or as otherwise specified in any Guidelines;
‘Report’ means a Progress Report, a Self-Assessment Quality Report and any additional Report required
by the Department on an ad hoc basis in accordance with item B.5 of Schedule 1;
‘Security Contact’ means one or more Personnel with responsibility:
(a)
for ensuring the Work for the Dole Coordinator’s compliance with the Department’s Security
Policies;
(b)
to use the online identity and access management tool to manage system access; and
(c)
to communicate with the Department in relation to IT security related matters;
‘Self-Assessment Quality Report’ means a report of that name as specified at item B.5 of Schedule 1;
‘Services’ means the services that the Work for the Dole Coordinator is contracted to perform as
described in item B of Schedule 1;
‘Service Hours’ means:
(a)
9am to 5pm on Monday to Friday excluding public holidays in the Work for the Dole Coordinator’s
Employment Region(s); and
(b)
any other time, including on weekends, as required to enable maximum access to the Services by
stakeholders, including community sector organisations;
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‘Specified Personnel’ means one or more persons per Employment Region (whether employees,
subcontractors or otherwise) identified in item E.1 of Schedule 1, or which the Department otherwise
approves in writing, with the appropriate skills to deliver the Services and who undertake the Services or
any part of the work constituting the Services on the Work for the Dole Coordinator’s behalf;
‘Specified Acts’ means any of the following acts or omissions on behalf of the Department:
(a) using, reproducing with or without attribution of authorship;
(b) supplementing the Deed Material with any other Material; or
(c) using the Deed Material in a different context to that originally envisaged;
but does not include false attribution of authorship;
‘Statement of Applicability’ or ‘SOA’ means the document of that name, in relation to the accreditation
requirements for Work for the Dole Coordinator IT Systems, issued by the Department as amended from
time to time;
‘Supervision’ means the action or process of directly monitoring and managing Eligible Job Seekers
participating in a Work for the Dole Place;
‘Supervisor’ means a person who has the responsibility for the Supervision of Eligible Job Seekers
engaged in a Work for the Dole Place;
‘Target’ means any measure, as notified by the Department to the Work for the Dole Coordinator from
time to time;
‘Tax Invoice’ has the meaning given in section 195-1 of the GST Act;
‘Tendering Group’ means a group of two or more entities, however constituted, other than a
partnership, which have entered into an arrangement for the purposes of jointly delivering the Services,
and which may have appointed a lead member of the group with authority to act on behalf of all
members of the group for the purposes of this Deed;
‘Term of this Deed’ refers to the period described in clause 1.1;
‘Third Party IT Provider’ means an entity contracted by the Work for the Dole Coordinator to provide
information technology services to the Work for the Dole Coordinator for the purposes of providing the
Services, whether or not the entity is a subcontractor, and includes a third-party hosting entity and an
outsourced information technology service provider;
‘Third Party IT Provider Deed’ means an agreement between a Third Party IT Provider and the
Department in the terms and form as specified at http://www.employment.gov.au/employmentservices-procurement-information.
‘Third Party System’ means
(a) a Work for the Dole Coordinator IT System; or
(b) an information technology system of a Third Party IT Provider;
‘WHS Act’ means the Work Health and Safety Act 2011 (Cth) and any corresponding WHS law within the
meaning of section 4 of the WHS Act;
‘WHS Laws’ means the WHS Act, WHS Regulations and all relevant State and Territory work health and
safety legislation;
‘WHS Regulations’ means the regulations made under the WHS Act;
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‘Work for the Dole’ means the Commonwealth programme of that name designed to help job seekers
gain the skills, experience and confidence that they need to move to work as soon as possible, while at
the same time, making a positive contribution to their local community;
‘Work for the Dole Coordinator’ means a contractor engaged by the Department to deliver the Services
in an Employment Region and where the context admits, includes its officers, employees, Specified
Personnel, agents, subcontractors and successors, and includes reference to a Tendering Group
contracted under this Deed;
‘Work for the Dole Coordinator IT System’ means an information technology system:
(a) supplied to the Work for the Dole Coordinator by a Third Party IT Provider; or
(b) built or configured in-house by the Work for the Dole Coordinator, including with the assistance of
a Third Party IT Provider,
to replace or be an adjunct to the Department’s IT Systems;
‘Work for the Dole Host Organisation’ means an organisation:
(a) that is eligible to participate in Work for the Dole in accordance with any Guidelines, or that is
otherwise approved by the Department in writing;
(b) at which some or all of Work for the Dole activities take place; and
(c) includes an Employment Provider, where the Employment Provider is fulfilling the role of a Work
for the Dole Host Organisation;
‘Work for the Dole Place’ means a place in a Work for the Dole activity of a minimum of 15 hours per
week duration and in accordance with any Guidelines, in which an Eligible Job Seeker can participate;
‘Work-like Experiences’ means experiences that involve Eligible Job Seekers in activities that provide
them with experience similar to others in a workplace, and which should assist in preparing Eligible Job
Seekers to take up employment; and;
‘Your Records’ means all Records, except Commonwealth Records, in existence prior to the Deed
Commencement Date, incorporated in, supplied with, or as part of, or required to be supplied with, or
as part of, the Deed Records.
49.2
In this Deed, unless the contrary intention appears:
(a)
(b)
(c)
(d)
words in the singular include the plural and vice versa;
a reference to a person includes a body whether corporate or otherwise;
all references to dollars are to Australian dollars;
unless stated otherwise, a reference to legislation is to legislation of the Commonwealth, as
amended from time to time;
(e) an uncertainty or ambiguity in the meaning of a provision of this Deed will not be
interpreted against a Party just because that Party prepared the provision; and
(f) where a word or phrase is given a defined meaning, any other part of speech or other
grammatical form of that word or phrase has a corresponding meaning.
49.3
The Work for the Dole Coordinator agrees that:
(a) the Conditions of Offer form part of this Deed;
(b) the schedules and Guidelines form part of this Deed;
(c) it must perform all obligations in this Deed in accordance with any Guidelines, even if a
particular clause does not expressly refer to any Guidelines; and
(d) Guidelines may be varied by the Department at any time and at the Department’s absolute
discretion.
49.4
In the event of any conflict or inconsistency between any part of:
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(a) the Conditions of Offer;
(b) the terms and conditions contained in the clauses of this Deed;
(c) the schedules;
(d) any Guidelines;
(e) the annexures, if any;
(f) documents incorporated by reference, if any;
then the material mentioned in any one of paragraphs 49.4(a) to 49.4(f) above has precedence
over material mentioned in a subsequent paragraph, to the extent of any conflict or
inconsistency.
49.5
For the avoidance of doubt, no right or obligation in this Deed is to be read or understood as
limiting the Work for the Dole Coordinator’s rights to enter into public debate or criticism of the
Department.
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Schedule 1 Work for the Dole Coordinator’s obligations
A.
Completion Date (clause 1)
A.1
The Completion Date for this Deed is, unless terminated earlier, the later of:
(a)
26 June 2020; or
(b)
where the Term of this Deed is extended under clause 1.2, the expiry of the Term of this
Deed as extended.
B.
Services (clause 2)
B.1
The Work for the Dole Coordinator must provide the Services from the Deed Commencement
Date until the Completion Date.
B.2
The Work for the Dole Coordinator must deliver relevant elements of Work for the Dole in
accordance with this Deed, including any Guidelines.
B.3
The Work for the Dole Coordinator must:
(a)
in its Employment Region(s); and
(b)
in accordance with any Guidelines,
deliver the Services as set out in this item B.3.
Collaboration with Work for the Dole Host Organisations
B.3.1
The Work for the Dole Coordinator must:
(a)
(b)
(c)
identify, develop and maintain good working relationships with potential and
participating Work for the Dole Host Organisations so as to ensure the successful
implementation of Work for the Dole Places and delivery of Work for the Dole;
help meet the needs of potential and participating Work for the Dole Host
Organisations with regards to Work for the Dole;
work with potential and participating Work for the Dole Host Organisations in
order to:
(i)
develop, identify and secure potential Work for the Dole Places that:
(A) are suitable for a wide variety of Eligible Job Seekers (i.e. with different
characteristics, needs, and limitations); and
(B) deliver Work-like Experiences that will develop or enhance each Eligible
Job Seeker’s abilities in one or more of the following areas:
(I) taking directions from a supervisor;
(II) working independently;
(III) communicating effectively;
(IV) motivation and dependability; and
(V) where relevant, working as part of a team;
(ii)
identify the specific requirements of each potential Work for the Dole
Place, including its cost, duration and location; and
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(iii)
(d)
help meet the demand for Work for the Dole Places from Employment
Providers; and
once each Work for the Dole Place is filled, monitor the relevant Work for the
Dole Host Organisation to ensure that its needs are met with regards to Work for
the Dole.
Collaboration with Employment Providers
B.3.2
The Work for the Dole Coordinator must:
(a) develop and maintain good working relationships with Employment Providers so
as to ensure the successful implementation of Work for the Dole Places and
delivery of Work for the Dole;
(b) work with all Employment Providers to:
(i)
help meet the needs of potential and participating Work for the Dole Host
Organisations; and
(ii)
help identify best practice in the delivery of Work for the Dole; and
(c)
for Group Based Activities or an Individual Hosted Activity with multiple Work for
the Dole Places, collaborate with Employment Providers in their Employment
Region(s) to identify a suitable Lead Provider in accordance with any Guidelines.
Other stakeholders
B.3.3
The Work for the Dole Coordinator must collaborate with other key stakeholders, as
relevant, to allow it to deliver the Services as set out in this item B.3.
Securing Work for the Dole Places
B.3.4
Subject to item B.3.5, the Work for the Dole Coordinator must:
(a)
(b)
(c)
(d)
(e)
B.3.5
secure sufficient Work for the Dole Places throughout the Term of this Deed and
in order to meet any Targets;
secure Work for the Dole Places that are suitable for a wide variety of Eligible Job
Seekers (i.e. with different characteristics, needs and limitations);
secure Work for the Dole Places across the Employment Region(s) to meet the
caseload needs of Employment Providers;
give priority to securing Work for the Dole Places in Individual Hosted Activities
that are of six continuous months duration over any other type and length of
Work for the Dole Places; and
plan appropriately, so as to meet its obligations in this Deed, including those
specified at items B.3.4(a), B.3.4(b) and B.3.4(c).
Unless otherwise agreed by the Department in writing, the Work for the Dole
Coordinator must not secure any potential Work for the Dole Place if it, in whole or in
part, as specified in any Guidelines:
(a)
will involve working exclusively on private property, unless it is:
(i)
in a Community Action Group Activity;
(ii)
in a Project of National Significance; or
(iii)
otherwise specified in any Guidelines;
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
subject to item B.3.5(a), will require an Eligible Job Seeker to enter private homes
or grounds;
involves an activity that will compete with established businesses;
is in child care or preschools;
involves personal care of people of an intimate nature, including dressing,
showering, feeding or toileting, or professional services;
involves activity that fulfils a function that is part of a commercial contract or
enterprise;
fulfils a function which would normally be undertaken by the Work for the Dole
Coordinator under this Deed, or any other contract or arrangement between the
Work for the Dole Coordinator and the Department;
is in a for-profit organisation or involves activity on a for-profit basis, unless it is
Work for the Dole that is:
(i)
a Community Action Group Activity;
(ii)
a Project of National Significance; or
(iii)
otherwise specified in any Guidelines;
involves activity which will result in a benefit or gain to the Work for the Dole
Coordinator, or would fund any of its operations, activities or infrastructure which
would otherwise have been acquired or in place if the Work for Dole Place did not
commence;
involves an activity which would be undertaken by a paid worker if Work for the
Dole had not taken place; or
is otherwise prohibited under any Guidelines or by any advice provided by the
Department.
Risk assessment of potential Work for the Dole Places
B.3.6
(a)
(b)
(c)
(d)
(e)
(f)
The Work for the Dole Coordinator must, in accordance with any Guidelines and as
otherwise directed by the Department, conduct a risk assessment of each potential
Work for the Dole Place that it identifies for the purposes of this Deed so as to:
ensure there is a safe system of work in place;
identify any work health and safety issues with the potential Work for the Dole
Place and what steps will be taken to address those issues;
confirm that the potential Work for the Dole Host Organisation is satisfied that it
has current and appropriate insurance to cover risks associated with the activities
in the potential Work for the Dole Place;
confirm that the potential Work for the Dole Host Organisation is satisfied it has
current and adequate work health and safety policies and procedures in place to
deliver the activities in the Work for the Dole Place safely;
confirm that the potential Work for the Dole Host Organisation is satisfied that it
is compliant with legislative and regulatory obligations imposed on it in relation to
work health and safety;
identify if the potential Work for the Dole Place will involve close proximity to
people from vulnerable cohorts;
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(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
identify the Supervision arrangements, including experience, skills and knowledge
of the relevant Supervisor(s) and confirm that the potential Work for the Dole
Host Organisation will provide adequate and appropriate Supervision for the
specific task(s) being undertaken by an Eligible Job Seeker(s) in the potential Work
for the Dole Place;
where the potential Work for the Dole Place involves people from vulnerable
cohorts, confirm that the potential Work for the Dole Host Organisation will
provide Supervision continuously over the entire duration of the Work for the
Dole Place;
confirm that the potential Work for the Dole Host Organisation is aware of their
obligations to undertake relevant checks on Supervisors as specified in any
Guidelines and to ensure that Supervisors have met any additional statutory
requirements, prior to being given responsibility for the Supervision of Eligible Job
Seekers in the potential Work for the Dole Place;
identify the nature, scope and duration of training, including work health and
safety training, required to ensure that an Eligible Job Seeker can operate safely
and proficiently in the potential Work for the Dole Place and if such training will
be provided to any relevant Eligible Job Seeker(s) by the Work for the Dole Host
Organisation at the commencement and for the duration of the potential Work
for the Dole Place;
identify, in consultation with the Work for the Dole Host Organisation and in
accordance with any Guidelines, whether any checks for Eligible Job Seekers are
necessary in relation to the potential Work for the Dole Place;
identify whether there are appropriate facilities that will be available to a relevant
Eligible Job Seeker for the duration of the potential Work for the Dole Place;
identify if any specific personal protection equipment and clothing is required for
a relevant Eligible Job Seeker to participate safely in the relevant activities, and if
such material will be provided by the Work for the Dole Host Organisation or will
need to be arranged by the Employment Provider;
confirm that the potential Work for the Dole Place does not otherwise fall within
the scope of item B.3.5; and
identify any reason(s) why it would otherwise not be appropriate for the potential
Work for the Dole Place to be allocated to an Employment Provider, including any
work health and safety issues which the Work for the Dole Coordinator
determines could not be reasonably and appropriately managed.
B.3.7
If the Work for the Dole Coordinator does not itself employ a Competent Person
relevant to meeting the obligations at item B.3.6, it must engage a relevant Competent
Person, as required for this purpose.
B.3.8
If, as a result of a risk assessment conducted in accordance with item B.3.6, the Work for
the Dole Coordinator identifies that a potential Work for the Dole Place is within the
scope of item B.3.5, or that there is any other reason why it would not be an appropriate
Work for the Dole Place, including any relevant work health and safety issues, it must
not enter the potential Work for the Dole Place into the Department’s IT Systems.
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Advertising Work for the Dole Places on the Department’s IT Systems
B.3.9
If the Work for the Dole Coordinator determines that a potential Work for the Dole
Place is appropriate, it must, in accordance with any Guidelines:
(a)
(b)
(c)
record details of the following in the Department’s IT Systems:
(i)
the potential Work for the Dole Place;
(ii)
the assessment conducted under item B.3.6;
(iii)
if the potential Work for the Dole Place requires an Eligible Job Seeker to
undertake a check as specified under item B.3.6(k), the cost of undertaking
the check(s); and
(iv)
any other relevant information, including any work health or safety issues
which the Work for the Dole Coordinator determines can be reasonably and
appropriately managed, the cost and duration of the Work for the Dole
Place, and any information specified in any Guidelines;
where a Lead Provider has been identified under item B.3.2(c), notify the Lead
Provider that the Work for the Dole Place(s) is going to be advertised in the
Department’s IT Systems; and
advertise the Work for the Dole Place to Employment Providers on the
Department’s IT Systems.
Management of Work for the Dole Places
B.3.10
The Work for the Dole Coordinator must:
(a)
(b)
(c)
(d)
(e)
monitor the geographic distribution of Work for the Dole Places in its Employment
Region(s);
monitor the number, nature and delivery of Work for the Dole Places to ensure
that Work for the Dole objectives are met;
ensure that any Targets are achieved;
identify and disseminate to Employment Providers and Work for the Dole Host
Organisations best practice in the management and delivery of Work for the Dole,
including in relation to identifying opportunities to minimise red tape and
ensuring that Work for the Dole Places are suitable and consistent with work
health and safety best practice; and
take any action in accordance with any Guidelines.
Work health and safety
B.3.11
The Work for the Dole Coordinator must:
(a)
(b)
(c)
ensure that the Services are carried out in a safe manner and comply with the
WHS Laws;
be aware of, understand and comply with the Department’s work health and
safety policies and procedures that are in any way applicable to this Deed or the
performance of the Services; and
notify the Department, as soon as practicable, of any issue or concern that the
Work for the Dole Coordinator becomes aware of regarding work health and
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safety matters in relation to the Services, including in relation to a Work for the
Dole Place.
Infrastructure
B.3.12
The Work for the Dole Coordinator must have a sufficient level of appropriate
infrastructure, in place for the Term of this Deed, to provide the Services, which includes
as a minimum:
(a)
(b)
a physical presence, for example, appropriate office space in its Employment
Region(s); and
appropriate technological and communication infrastructure.
Media and promotion
B.3.13
The Work for the Dole Coordinator must, in accordance with any Guidelines and as
otherwise directed by the Department:
(a)
(b)
B.4
manage any contact by a third party with the Work for the Dole Coordinator in
relation to the operation of Work for the Dole; and
promote Work for the Dole.
Your Employment Region(s)
(a)
The Employment Region(s) in which the Work for the Dole Coordinator must provide the
Services is as follows:
<%insert CAS placeholder for ER table%>
(b)
B.5
The Department gives no guarantee as to the number of Eligible Job Seekers or potential
and participating Work for the Dole Host Organisations in the Work for the Dole
Coordinator’s Employment Region(s).
Reporting
Progress Reports
(a)
The Work for the Dole Coordinator must complete and submit a Progress Report to the
Department for its acceptance, each and every consecutive six months during the Term of
this Deed, unless otherwise advised by the Department, which:
(i)
includes full details on all outcomes against the requirements under items B.3.10(a)
to B.3.10(d) and any other content specified in any Guidelines;
(ii)
includes an assessment of the Work for the Dole Coordinator’s progress against the
Key Performance Indicators and addresses any other matters specified in any
Guidelines;
(iii) is in the form as determined by the Department and notified to the Work for the
Dole Coordinator;
(iv) contains sufficient details for the Department, at its absolute discretion, to evaluate
the Work for the Dole Coordinator’s performance; and
(v)
otherwise complies with item B.5.
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Department Initials: ________
Self-Assessment Quality Report
(b)
The Work for the Dole Coordinator must, in accordance with the Performance Framework
Guidelines, complete and submit a Self-Assessment Quality Report to the Department for
its acceptance, on or before the date that is six months from the Deed Commencement
Date, and as otherwise required by the Department during the Term of this Deed, including
as specified in any Guidelines.
Ad hoc Reports
(c)
The Department may require the Work for the Dole Coordinator to complete and submit
additional Reports to the Department on an ad hoc basis, and if required to do so, the Work
for the Dole Coordinator must complete and submit such Reports in accordance with any
direction or instructions provided by the Department.
General
(d)
The Department may amend the form, content and time-frame for submission of Reports
from time to time. If the Department does so, it will notify the Work for the Dole
Coordinator of the changes and the Work for the Dole Coordinator must submit all Reports
subsequent to the notice in accordance with the amended requirements.
(e)
The Work for the Dole Coordinator acknowledges that the Reports required under this
Deed may be subject to a request under the Freedom of Information Act 1982 (Cth).
(f)
In determining whether to accept a Report, the Department will consider:
(i)
the timeliness of its submission;
(ii) the quality, accuracy and usefulness of information provided;
(iii) the Work for the Dole Coordinator’s follow up on previously reported activities and
issues;
(iv) the detail of the reporting on results and measureable outcomes from activities; and
(v) any input or feedback provided by staff at Our State/Regional Offices, Our National
Office and any other stakeholders, as appropriate.
(g)
If the Department determines not to accept a Report, it may require the Work for the Dole
Coordinator to amend a Report, and the Work for the Dole Coordinator must do so in
accordance with the Department’s instructions.
Information provided by the Department
(h)
The Department may provide the Work for the Dole Coordinator with information/data in
order to assist with its monitoring and reporting obligations under this Deed in accordance
with any Guidelines.
(i)
The Work for the Dole Coordinator must not use any information/data provided by the
Department for any purpose other than carrying out its obligations under this Deed without
the Department’s prior written permission.
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Work for the Dole Coordinator Initials: ________
Department Initials: ________
Note: For the avoidance of doubt, where the Work for the Dole Coordinator is also contracted to
perform services under a jobactive Deed, it must not use the information/data provided by the
Department under item B.5(h) in relation to its services under the jobactive Deed.
B.6
Working hours and absences
(a)
The Work for the Dole Coordinator must ensure that it:
(i)
is available to provide the Services, as required, during the Service Hours; and
(ii)
maintains a physical presence in its Employment Region(s) during those hours.
(b)
The Department may require the Work for the Dole Coordinator and any of its Specified
Personnel to attend specific fora, conferences or meetings or be available for any other
purpose connected with the Services, including any induction or other training as specified
by the Department, and the Work for the Dole Coordinator must ensure that it and its
Specified Personnel attend as required.
C.
Claiming Fees (clause 4)
C.1
Subject to item C.2, the Work for the Dole Coordinator may claim any Fees properly due to it
during the Term of this Deed.
C.2
The Work for the Dole Coordinator must not claim any Fees from the Department where the
requirements under this Deed, which must be satisfied to qualify for the payment, have not been
fully and properly met.
C.3
It is a precondition of the Work for the Dole Coordinator’s entitlement to be paid any Fee that
the Work for the Dole Coordinator:
(a)
(b)
(c)
(d)
(e)
has a valid ABN;
immediately notifies the Department if it ceases to have a valid ABN;
correctly quotes its ABN on all documentation provided to the Department, where relevant;
supply proof of its GST registration, if requested by the Department; and
for establishment fees and service fees only, submits a Tax Invoice to the Department for
payment of the relevant Fee(s), unless otherwise advised by the Department.
Note: The Department will issue the Work for the Dole Coordinator with a Recipient Created Tax Invoice in
respect of Work for the Dole Place fees payable under this Deed.
D.
Partnerships and Tendering Group members (clause 28)
D.1
Not Applicable or
The partners, if the Work for the Dole Coordinator is a partnership, or each member of the
Tendering Group, if the Work for the Dole Coordinator is a Tendering Group, agree that the Work
for the Dole Coordinator may, for the purposes of this Deed, be referred to by the following
name:
<insert Tender Group/Partnership name>
<%insert CAS placeholder for tendering group table%>
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Work for the Dole Coordinator Initials: ________
Department Initials: ________
Name of
Tendering
Group member
[Name of
Tendering
Group lead
member to be
inserted here, if
relevant] (the
lead member)
[Name of
Tendering
Group members
to be inserted
here, if relevant]
Address
ABN
Employment Region(s)
[Details of relevant
Employment Regions(s)
to be inserted here, as
relevant]
[Details of relevant
Employment Regions(s)
to be inserted here, as
relevant]
E.
Subcontractors (clause 9)
E.1
Not Applicable or
<%insert CAS placeholder for subcontractor table%>
F.
Specified Personnel (clause 10)
Name
TBA
F.1
Employment Region(s)
<%insert CAS placeholder for ER table%>
The Work for the Dole Coordinator must ensure that its Specified Personnel:
(a)
comply with any instructions notified by the Department to the Work for the Dole
Coordinator in relation to carrying out the Services; and
(b)
to the extent consistent with their terms of employment, represent themselves primarily as
a Work for the Dole Coordinator when carrying out the Services, and not as the Work for
the Dole Coordinator’s employee.
F.2
Before arranging for any Specified Personnel to carry out work on any aspect of the Services, the
Work for the Dole Coordinator must arrange and pay for all checks, and comply with any other
conditions in relation to the Specified Personnel carrying out the Services, as specified in any
Guidelines.
F.3
The Work for the Dole Coordinator must ensure that each Specified Personnel has appropriate
technological and communication infrastructure to properly perform the Services.
G.
Insurance (clause 13)
G.1
Unless the Department otherwise agrees in writing, the Work for the Dole Coordinator must, for
the Term of this Deed, effect and maintain or cause to be effected and maintained, the following
insurances, which must be valid and enforceable and except for the workers compensation
insurance referred to at item G.1(a), be written on an occurrence basis:
(a)
workers’ compensation insurance in compliance with the applicable laws in each State or
Territory where the Services are performed or delivered;
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(b)
public liability insurance with a limit of indemnity of at least $10,000,000 (ten million
dollars) in respect of each and every occurrence;
(c)
if the Work for the Dole Coordinator uses a Third Party System, products liability insurance
with a limit of indemnity of at least $10,000,000 (ten million dollars) in respect of each and
every occurrence;
(d)
for any Services that the Work for the Dole Coordinator provides in a professional capacity
- professional indemnity insurance with a limit of indemnity of at least $5,000,000 (five
million dollars) in respect of each and every occurrence;
(e)
any other insurance cover required to cover the Work for the Dole Coordinator’s business
risk that a similar business, acting reasonably, would acquire; and
(f)
any other insurance cover required by law.
H.
Commonwealth Material (clause 15)
H.1
The Work for the Dole Coordinator must return all Commonwealth Material to the Department or
deliver it to a person nominated by the Department, at the end of this Deed.
I.
Deed Material (clause 16)
I.1
Not applicable.
J.
Protection of Personal Information (clause 18)
J.1
In relation to Personal Information received, created or held by the Work for the Dole Coordinator
for the purposes of this Deed, the Work for the Dole Coordinator agrees:
(a)
(b)
(c)
(d)
(e)
(f)
J.2
The Work for the Dole Coordinator must immediately notify the Account Manager if it becomes
aware:
(a)
(b)
(c)
K.
not to transfer Personal Information outside Australia, or to allow parties outside Australia
to have access to it, without the prior written approval of the Account Manager;
to co-operate with reasonable demands or inquiries made by the Privacy Commissioner or
the Account Manager in relation to the management of Personal Information;
to ensure that any person who the Work for the Dole Coordinator allows to access Personal
Information is made aware of, and undertakes in writing, to comply with the Australian
Privacy Principles;
to comply with policy guidelines laid down by the Department or issued by the Privacy
Commissioner from time to time relating to the handling of Personal Information;
if requested by the Department, at the end of this Deed, to return all Records containing
Personal Information to the Account Manager, or delete or destroy those Records in the
presence of a person authorised by the Account Manager; and
to the Work for the Dole Coordinator’s name being published in reports by the Privacy
Commissioner and any media release by a Commonwealth minister.
of a breach or possible breach of its obligations under clause 18;
that a disclosure of Personal Information may be required by law; or
of an approach to the Work for the Dole Coordinator by the Privacy Commissioner or by a
person claiming that their privacy has been interfered with.
Compliance with Laws and Policies (clause 40)
Compliance with Laws
K.1
The Work for the Dole Coordinator acknowledges that:
(a)
it may have obligations under the WGE Act and it must comply with those obligations;
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(b)
when dealing with its employees, it must comply with the Fair Work Act 2009 (Cth) and
related legislation, and obligations under relevant work health and safety laws;
(c)
Chapter 7 of the Criminal Code provides for offences which attract substantial penalties,
including theft of Commonwealth property and other property offences, obtaining property
or financial advantage by deception, offences involving fraudulent conduct, bribery, forgery
and falsification of documents;
(d)
giving false or misleading information is a serious offence under the Criminal Code;
(e)
the publication or communication of any fact or document by a person which has come to
their knowledge or into their possession or custody by virtue of the performance of this
agreement (other than a person to whom the Work for the Dole Coordinator is authorised
to publish or disclose that fact or document) may be an offence under section 70 of the
Crimes Act 1914, punishment for which may be a maximum of two years imprisonment;
(f)
in respect of data, including Personal Information, held in connection with this agreement,
any unauthorised and intentional access, destruction, alteration, addition or impediment to
access or usefulness of the data stored in any computer in the course of performing this
agreement is an offence under Part 10.7 of the Criminal Code which may attract a
substantial penalty, including imprisonment;
(g)
the Work for the Dole Coordinator is aware of the provisions of section 79 of the Crimes Act
1914 (Cth) relating to official secrets; and
(h)
the Work for the Dole Coordinator may be subject to the provisions of the Competition and
Consumer Act 2010 (Cth) and the Archives Act 1983 (Cth).
Compliance with policies
K.2
The Work for the Dole Coordinator must:
(a)
when using the Department’s premises or facilities (including the Department’s IT Systems),
comply with the Department’s directions and procedures relating to environmental
management, work health, safety and security (which you acknowledge may change during
the Term of this Deed); and
(a)
ensure that any person who will have access to official secrets within the meaning of
section 79 of the Crimes Act 1914 (Cth) signs an acknowledgment that he or she is aware of
the provisions of that section.
L.
Notices (clause 43)
L.1
The Contact Person is:
<%insert CAS placeholders for contact details%>
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Schedule 2 The Department’s obligations
AA. Fees (clause 4)
AA.1 The Department will pay the Work for the Dole Coordinator the following Fees in relation to
each of its Employment Region(s):
(a) Establishment fee – an establishment fee of $64,000 (GST inclusive), due within 14 days
of the Deed Commencement Date;
(b) Service fees – a service fee, due in accordance with Table 1: Service Fee Schedule, for
each Payment Period during the Term of this Deed; and
(c) Work for the Dole Place fees - subject to items AA.2 and AA.3, a Work for the Dole Place
fee of:
(i)
$220 (GST inclusive) for each Work for the Dole Place in a Non-regional Location;
and
(ii) $275 (GST inclusive) for each Work for the Dole Place in a Regional Location,
provided that the Work for the Dole Place:
(iii) is sourced by the Work for the Dole Coordinator in accordance with this Deed
including any Guidelines;
(iv) is recorded on the Department’s IT Systems in accordance with this Deed
including any Guidelines;
(v)
is for a period of at least six months duration; and
(vi) has had an Eligible Job Seeker commence in it,
which is due when the first Eligible Job Seeker to be placed commences in that place.
AA.2 Where a Work for the Dole Place that is sourced by the Work for the Dole Coordinator and
recorded on the Department’s IT Systems is for a period that is less than six months duration,
the Department will pay the Work for the Dole Coordinator a pro-rata amount of the relevant
Work for the Dole Place fee specified at item AA.1(c). The pro-rata amount is calculated by the
Department based on the total duration of the Work for the Dole Place, as a proportion of a six
month placement, as notified by the Department or as otherwise specified in any Guidelines.
AA.3 Where a Work for the Dole Place that is sourced by the Work for the Dole Coordinator and
recorded on the Department’s IT Systems is for a period that is greater than six months
duration, the Department will pay the Work for the Dole Coordinator:
(a) the relevant Work for the Dole Place fee as specified at item AA.1(c) for each completed
period of six months of that place; and
(b) a pro-rata amount of the relevant Work for the Dole Place fee as specified at item
AA.1(c) for any subsequent period that is less than six months in duration. The pro-rata
amount is calculated by the Department, based on the period of time from the end of
the previous six month period until end of the subsequent proportion of a six month
period.
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Table 1: Service Fee Schedule
Service Fee Payment Period
payment
no.
1
1 July 2015 – 31 December 2015
2
1 January 2016 – 30 June 2016
3
1 July 2016 – 31 December 2016
4
1 January 2017 - 30 June 2017
5
1 July 2017 – 31 December 2017
6
1 January 2018 - 30 June 2018
7
1 July 2018 – 31 December 2018
8
1 January 2019 - 30 June 2019
9
1 July 2019 – 31 December 2019
10
1 January 2020 - 26 June 2020
Amount (GST
inclusive)
Due within 14 days
of:
$190,000
$190,000
$190,000
$190,000
$190,000
$190,000
$190,000
$190,000
$190,000
$95,000
1 July 2015
1 January 2016
1 July 2016
1 January 2017
1 July 2017
1 January 2018
1 July 2018
1 January 2019
1 July 2019
1 January 2020
$95,000
1 June 2020
AA.4 Subject to this Deed, the Department will pay any Fees that are payable to the Work for the
Dole Coordinator under this Deed, by electronic funds transfer, to the following bank account:
Account name: [Insert details]
Account number: [Insert details]
BSB: [Insert Details],
unless the Work for the Dole Coordinator notifies the Department of an alternative bank
account, in which case, the Department will pay any Fees that are payable to the Work for the
Dole Coordinator under this Deed, by electronic funds transfer, to that bank account.
AA.5 The Department may, at its absolute discretion:
(a) elect to pay any part of the fee notwithstanding non-performance or unsatisfactory
performance of any part of the Services and such payment does not constitute
acceptance of the Services by the Department; or
(b) withhold or not make payment of any part of the fee until the Department is satisfied
with the performance of the Services.
AA.6 The Work for the Dole Coordinator is required to meet the costs directly related to and
reasonably incurred for the purposes of delivering the Services, including, but not limited to,
the costs of all technological and communication infrastructure and travel costs, unless the
Department agrees otherwise in writing.
BB. Account Manager (clauses 14 and 43)
BB.1 The Account Manager is:
<%insert CAS placeholders for AM details%>
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Schedule 3
Performance management
A.
Key Performance Indicators
A.1
Throughout the Term of this Deed, the Department will, in accordance with any Guidelines,
monitor, measure and evaluate the Work for the Dole Coordinator’s performance against the
requirements of this Deed, including the Work for the Dole Coordinator’s performance against the
Key Performance Indicators below and the Joint Charter of Deed Management.
Key Performance Indicators
KPI 1: Efficiency
(a) The number of Work for the Dole Places that the Work for the Dole Coordinator secures as
assessed against any Targets; and
(b) The extent to which the number of Work for the Dole Places secured is available to all
Employment Providers across the Employment Region(s) and which meet relevant
Employment Providers’ caseload needs.
KPI 2: Effectiveness
(a) The appropriateness of each Work for the Dole Place that the Work for the Dole
Coordinator secures for a variety of Eligible Job Seekers and delivery of Work-like
Experiences.
KPI 3: Quality and Assurance
The Work for the Dole Coordinator’s provision of quality services in accordance with this Deed,
including as demonstrated through:
(a) the Work for the Dole Coordinator’s Reports (including Self-Assessment Quality Reports);
(b) the Work for the Dole Coordinator’s overall compliance with this Deed, including any
Guidelines;
(c) the outcomes of any performance review that the Department undertakes in accordance
with item B of Schedule 3, including any matters the Department takes into account for the
purposes of such a review; and
(d) any other basis which the Department determines as relevant to the quality of the Services
delivered by the Work for the Dole Coordinator.
B.
Performance reviews and feedback
B.1
Unless the Department otherwise directs, every six months during the Term of this Deed and at
such other times as determined by the Department, the Department:
(a) will review the Work for the Dole Coordinator’s performance in each of its Employment
Regions, based on:
(i) the Department’s assessment of the Work for the Dole Coordinator’s delivery of
the Services, including as evidenced from information provided in the Work for the
Dole Coordinator’s Reports and the Department’s assessment of the Work for the
Dole Coordinator’s performance against the KPIs;
(ii) feedback on the Work for the Dole Coordinator’s delivery of the Services from key
stakeholders, as appropriate; and
(iii) any other information available to the Department, including any information in
relation to the Work for the Dole Coordinator’s interactions with the Department,
such as the Department’s assessment of the Work for the Dole Coordinator fulfilling
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the Department’s requests in a timely fashion; and
(b) may subsequently provide feedback to the Work for the Dole Coordinator on the
Department’s assessment of the Work for the Dole Coordinator’s performance; and
(c) where the Department determines that the Work for the Dole Coordinator’s
performance is unsatisfactory, may take any action in accordance with this Deed,
including as specified at clauses 36 and 39.
C.
Additional Performance Feedback
C.1
In addition to any feedback the Department may provide to the Work for the Dole Coordinator in
accordance with item B.1(a)(ii) and B.1(b) of Schedule 3, the Department may also provide regular
informal feedback to the Work for the Dole Coordinator on its performance in the course of the
Department’s day to day work, for example, by providing informal feedback on the quality and
substance of the Work for the Dole Coordinator’s Reports.
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Department Initials: ________
Annexure 1 – Joint Charter of Deed Management
Employment Services Joint Charter of Deed
Management
The Department of Employment and providers delivering services under the jobactive Deed 2015–
2020 and jobactive Deed 2015-2020 – Work for the Dole Coordinator agree to conduct themselves
in accordance with this Joint Charter of Deed Management.
This joint charter is observed by the Department, Employment Providers, Work for the Dole
Coordinators, the National Harvest Labour Information Service and providers of the New Enterprise
Incentive Scheme and Harvest Labour Services.
A joint approach for stronger employment services
The Employment Services Joint Charter reflects our commitment to work together to ensure that
employment services meet the needs of job seekers, employers, communities and the Australian
Government.
Together, we are committed to maintaining the reputation and integrity of employment services,
strengthening the employment services industry and working together to make sure services are
managed and delivered effectively and provide value for money.
Our commitments
What providers can expect from the
Department:
What the Department can expect
from providers:
Respect and support
Respect
Openness and transparency
Collaboration
Integrity and accountability
Continuous improvement
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What providers can expect from the Department
1 Respect and support
The Department will:
 respect providers’ role, experience and
expertise
 treat each provider with courtesy and
consideration
 meet regularly with providers
 adhere to agreed communication
protocols with providers
 respond to providers’ queries, generally
within 10 Business Days
 work with providers to resolve
complaints, disputes or problems, and
consider the perspective of all parties—
including employers and job seekers—
when developing resolutions
 support providers to implement
programme changes effectively
 maintain the National Customer Service
Line
 maintain the Employer Hotline to
facilitate connections between employers
and providers.
2 Openness and transparency
The Department will:
 be transparent in our business dealings
 maintain honest and open
communication
 provide consistent, accurate and timely
advice
 maintain feedback mechanisms to
support formal and informal feedback
from providers
 consult providers wherever possible,
generally through industry
representatives—including on contract
variations
 provide reasonable notice for providers to
implement new or amended guidelines.
jobactive Deed 2015-2020 – Work for the Dole Coordinator
3 Integrity and accountability
The Department will:
 observe the Australian Public Service
(APS) Code of Conduct and APS Values
 adhere to the Commonwealth
Procurement Rules, including on
principles of probity and ethical and fair
dealings
 act honestly and in the best interests of
the Government, the employment
services industry, job seekers and the
community
 be accountable for our decisions and
actions
 support providers to comply with their
deed requirements by:
o streamlining and simplifying guidelines
o providing timely feedback from
contract monitoring and programme
assurance activities
 treat providers’ information confidentially
(subject to relevant deed provisions).
4 Continuous improvement
The Department will:
 work with the industry to promote better
practice and innovation
 regularly review provider performance
and deliver balanced and consistent
feedback
 work with providers to help them meet
the needs of employers and industry
 work with providers to reduce the
administrative burden of managing and
complying with deeds
 continually develop its contract
management capability to make sure
providers receive high quality support.
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What the Department can expect from Providers
1
Respect
3
Providers will:
 respect the Department’s role, experience
and expertise
 treat job seekers, the Department, other
providers, Work for the Dole host
organisations and industry stakeholders
with courtesy and consideration
 respond to queries appropriately.
2
Providers will:
 maintain high standards of professional
conduct
 recognise and act on the Government’s
employment services policies
 implement programme changes in a timely
way
 maintain effective governance and control
frameworks to provide assurance of the
quality of services and compliance with
relevant deeds
 act in accordance with the law and avoid
any practice or activity which could bring
employment services or the Department
into disrepute
 manage feedback fairly, ethically and
confidentially (subject to relevant deed
provisions)
 make sure staff deliver accurate and
consistent advice and information to job
seekers, employers, Work for the Dole
host organisations and other stakeholders
 actively identify and manage risks.
Collaboration
 develop and maintain effective
relationships with the Department,
employers, other providers, Work for the
Dole host organisations and industry
stakeholders
 work with the Department to resolve
complaints, disputes or problems, using
the following informal dispute resolution
process in the first instance (except for
matters that are excluded under the
relevant deeds):
1. The provider initially discusses any
issues or problems directly with a
contract or account manager.
2. If the dispute, complaint or problem
can’t be resolved, the provider
requests that it be raised with the
relevant state manager.
3. If this process does not resolve the
issue, the National Contract Manager
will attempt to facilitate a resolution.
4. Any dispute or problem that cannot be
resolved through this informal
resolution process will be managed
through the formal procedures set out
in the relevant deed.
Integrity and accountability
4
Continuous Improvement
Providers will:
 work to increase job outcomes for job
seekers
 further develop service strategies that
increase job outcomes for Indigenous job
seekers
 develop tailored and effective services that
meet employers’ needs
 regularly review performance and work to
address performance management issues
 encourage and foster innovative
approaches and better practice
 support efforts to streamline activities
without compromising the integrity of
employment services
maintain and strengthen the capability of
staff

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EXECUTED AS A DEED by the Parties on ___________________________2015
THE COMMONWEALTH OF AUSTRALIA (Commonwealth) acting through and represented by the
Department of Employment ABN 54 201 218 474 (‘the Department’)
___________________________
(Printed Name)
___________________________
(Signature)
___________________________
(Position)
in the presence of:
___________________________
___________________________
(Printed Name)
(Signature)
<%insert CAS placeholder for contracting name%> by:
___________________________
(Printed Name)
___________________________
(Printed Name)
___________________________
(Position)
___________________________
(Position)
___________________________
(Signature)
___________________________
(Signature)
in the presence of:
___________________________
(Printed Name)
___________________________
(Signature)
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