Common use of AccessAbility Day Clause in Contracts

AccessAbility Day. The Provider may, in accordance with this Agreement and any Guidelines, arrange AccessAbility Day Placements for its Participants. The Provider must provide AccessAbility Day Services in accordance with this Agreement and any Guidelines. The Provider must use its best endeavours to promote AccessAbility Day to its Customers and arrange AccessAbility Day Placements for any Participants Registered with the Provider that elect to participate in AccessAbility Day. The Parties agree that the AccessAbility Day Services will constitute and form part of the Program Services for the purposes of this Agreement, and will accordingly be subject to the terms and conditions of this Agreement. For the avoidance of doubt, the Parties agree that AccessAbility Day Services are not NWEP Services and an AccessAbility Day Placement does not constitute an NWEP Placement. Additional insurance and risk In addition to the insurances which the Provider is required to effect and maintain under clause 242 in respect of Services, the Provider must ensure that: the Provider effects and maintains adequate insurance coverage that is appropriate for each AccessAbility Day Placement, having regard to the particular nature of each AccessAbility Day Placement; and each Activity Host Organisation which hosts the Providers’ Participants, effects and maintains adequate insurance coverage that is appropriate for each AccessAbility Day Placement hosted by the Activity Host Organisation, having regard to the particular nature of each AccessAbility Day Placement. Without limiting its obligations under clause 551, the Provider must ensure that a comprehensive risk assessment is undertaken of a proposed AccessAbility Day Placement, to ensure that the AccessAbility Day Placement is appropriate for the Participant (taking into consideration all relevant circumstances, including the nature and location of the workplace, the Participant’s disability, injury or health condition and work restrictions). If the Guidelines specify any requirements that apply to a risk assessment, then the Provider must ensure that the risk assessment is undertaken in accordance with the applicable requirements specified in the Guidelines. The Provider must not place a Participant into an AccessAbility Day Placement if: the Provider cannot comply with clause 493 in relation to that Placement; or the Provider cannot be reasonably satisfied that an AccessAbility Day Placement will be appropriately safe and healthy for the Participant (taking into consideration all relevant circumstances, including the nature and location of the workplace, the Participant’s disability, injury or health condition and work restrictions, and any risks identified in a risk assessment that cannot be addressed through appropriate action). AccessAbility Day Placements: must not have the effect of displacing or replacing paid workers or reducing the amount of paid work available to workers; and must meet the requirements set out in any Guidelines.

AccessAbility Day. The Provider may, in accordance with this Agreement and any Guidelines, arrange AccessAbility Day Placements for its Participants. The Provider must provide AccessAbility Day Services in accordance with this Agreement and any Guidelines. The Provider must use its best endeavours to promote AccessAbility Day to its Customers and arrange AccessAbility Day Placements for any Participants Registered with the Provider that elect to participate in AccessAbility Day. The Parties agree that the AccessAbility Day Services will constitute and form part of the Program Services for the purposes of this Agreement, and will accordingly be subject to the terms and conditions of this Agreement. For the avoidance of doubt, the Parties agree that AccessAbility Day Services are not NWEP Services and an AccessAbility Day Placement does not constitute an NWEP Placement. Additional insurance and risk In addition to the insurances which the Provider is required to effect and maintain under clause 242 49 in respect of Services, the Provider must ensure that: the Provider effects and maintains adequate insurance coverage that is appropriate for each AccessAbility Day Placement, having regard to the particular nature of each AccessAbility Day Placement; and each Activity Host Organisation which hosts the Providers’ Participants, effects and maintains adequate insurance coverage that is appropriate for each AccessAbility Day Placement hosted by the Activity Host Organisation, having regard to the particular nature of each AccessAbility Day Placement. Without limiting its obligations under clause 551100, the Provider must ensure that a comprehensive risk assessment is undertaken of a proposed AccessAbility Day Placement, to ensure that the AccessAbility Day Placement is appropriate for the Participant (taking into consideration all relevant circumstances, including the nature and location of the workplace, the Participant’s disability, injury or health condition and work restrictions). If the Guidelines specify any requirements that apply to a risk assessment, then the Provider must ensure that the risk assessment is undertaken in accordance with the applicable requirements specified in the Guidelines. The Provider must not place a Participant into an AccessAbility Day Placement if: the Provider cannot comply with clause 493 96.6 in relation to that Placement; or the Provider cannot be reasonably satisfied that an AccessAbility Day Placement will be appropriately safe and healthy for the Participant (taking into consideration all relevant circumstances, including the nature and location of the workplace, the Participant’s disability, injury or health condition and work restrictions, and any risks identified in a risk assessment that cannot be addressed through appropriate action). AccessAbility Day Placements: must not have the effect of displacing or replacing paid workers or reducing the amount of paid work available to workers; and must meet the requirements set out in any Guidelines.