Directions. The Department may issue a written direction to Providers in relation to the Services (a 'Direction'), including to give effect to: any change in Government policy that has, or has the potential to have, without limitation, an impact on the scope of the Services or the manner in which the Services are to be performed; or any adjustment to the Fees (including under clause 143 [Adjustment of Fees]). The Provider must perform the Services (or any other obligation under this Agreement) in accordance with and within any timeframe specified in any Direction given from time to time. To avoid doubt, a Direction may effect a variation to this Agreement as relevant to the scope and performance of the Services. Any other variation to the terms and conditions of this Agreement will be given effect in accordance with clause 73. The Provider must, in relation to this Agreement, at all times, act: in good faith towards the Department and Customers; and in a manner that maintains the good reputation of the Services. The Provider must not engage in, and must ensure that its Personnel, Subcontractors, Third Party IT Providers and agents do not engage in, any practice that: dishonestly; or improperly, as determined by the Department, manipulates Records, Outcomes or the Services with the effect of maximising payments to, or otherwise obtaining a benefit for, the Provider or any other person. If, after investigation, the Department determines that the Provider has been engaged in activity described in clause 15.2, the Department may: take action under clause 59 [Remedies for breach]; or immediately terminate this Agreement under clause 61 [Termination for default], by providing Notice to the Provider. The Provider must advise its officers and employees: that they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth); that acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties including imprisonment; disclosures of disclosable conduct under the Public Interest Disclosure Act 2013 (Cth) can be made directly to their supervisors within the Provider, or to an authorised officer of the Department, and where a disclosure of disclosable conduct is made to a supervisor within the Provider, the supervisor is required under section 60A of the Public Interest Disclosure Act 2013 (Cth) to pass information about the conduct to an authorised officer of the Department; and that suspicions or evidence of incorrect claims or acceptance of payments or any other activities that may be a breach of the Agreement may be reported to the Department through the Employment Services Tip Off Line. For the avoidance of doubt, no right or obligation arising from this Agreement is to be read or understood as limiting the Provider’s right to enter into public debate regarding policies of the Australian Government, its agencies, employees, servants or agents. Before arranging for a Participant to participate in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity in which the Participant will have regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the Participant has any relevant records of convictions for crimes and if the Participant has any relevant records of convictions for crimes, the Provider must not arrange for the Participant to participate in that activity, unless the records of convictions for crimes are not relevant to the activity. The Provider is not required to arrange for criminal records checks to be conducted for a Participant starting in Employment, unless there is a statutory requirement for the Provider to do so.
Appears in 8 contracts
Samples: Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement
Directions. The Department may issue a written direction to Providers in relation to the Services (a 'Direction'), including to give effect to: any change in Government policy that has, or has the potential to have, without limitation, an impact on the scope of the Services or the manner in which the Services are to be performed; or any adjustment to the Fees (including under clause 143 773 [Adjustment of Fees]). The Provider must perform the Services (or any other obligation under this Agreement) in accordance with and within any timeframe specified in any Direction given from time to time. To avoid doubt, a Direction may effect a variation to this Agreement as relevant to the scope and performance of the Services. Any other variation to the terms and conditions of this Agreement will be given effect in accordance with clause 73362. The Provider must, in relation to this Agreement, at all times, act: in good faith towards the Department and Customers; and in a manner that maintains the good reputation of the Services. The Provider must not engage in, and must ensure that its Personnel, Subcontractors, Third Party IT Providers and agents do not engage in, any practice that: dishonestly; or improperly, as determined by the Department, manipulates Records, Outcomes or the Services with the effect of maximising payments to, or otherwise obtaining a benefit for, the Provider or any other person. If, after investigation, the Department determines that the Provider has been engaged in activity described in clause 15.249, the Department may: take action under clause 59 302 [Remedies for breach]; or immediately terminate this Agreement under clause 61 319 [Termination for default], by providing Notice to the Provider. The Provider must advise its officers and employees: that they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth); that acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties including imprisonment; disclosures of disclosable conduct under the Public Interest Disclosure Act 2013 (Cth) can be made directly to their supervisors within the Provider, or to an authorised officer of the Department, and where a disclosure of disclosable conduct is made to a supervisor within the Provider, the supervisor is required under section 60A of the Public Interest Disclosure Act 2013 (Cth) to pass information about the conduct to an authorised officer of the Department; and that suspicions or evidence of incorrect claims or acceptance of payments or any other activities that may be a breach of the Agreement may be reported to the Department through the Employment Services Tip Off Line. For the avoidance of doubt, no right or obligation arising from this Agreement is to be read or understood as limiting the Provider’s right to enter into public debate regarding policies of the Australian Government, its agencies, employees, servants or agents. Before arranging for a Participant to participate in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity in which the Participant will have regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the Participant has any relevant records of convictions for crimes and if the Participant has any relevant records of convictions for crimes, the Provider must not arrange for the Participant to participate in that activity, unless the records of convictions for crimes are not relevant to the activity. The Provider is not required to arrange for criminal records checks to be conducted for a Participant starting in Employment, unless there is a statutory requirement for the Provider to do so. The Provider must obtain each Participant’s written permission prior to obtaining the checks described in clause 54. For the purposes of clause 55, if a Participant is a Child, and is unable to obtain parental or guardian permission, the Provider must decide either: not to arrange for the Participant to participate in an activity as described in clause 54; or if the Participant is to participate in such an activity, to put in place measures to ensure: compliance with the law; and that no other person is put at undue risk of injury or mistreatment. If a Participant is not a Child, and has failed to provide permission for a check to be conducted in accordance with clause 55, the Provider must not arrange for the Participant to participate in the activity as described in clause 54. Before any person who is not a Participant is engaged in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity which will involve regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the person has any relevant records of convictions for crimes, and if the person has any relevant records of convictions for crimes, the Provider must ensure that the person is not engaged in that activity. The Provider must meet its own expenses for the cost of all checks conducted in accordance with clause 54 and 58. Notwithstanding clauses 54 to 59, the Provider must not arrange for: a Participant, or any other person, to be involved in an activity under this Agreement; or a Participant to be placed into Employment, where there is a reasonably foreseeable risk that the Participant, or other person, may cause loss or harm to any person, unless the Provider has put in place reasonable measures designed to ameliorate that risk, and where a Participant is placed into Employment, these measures may include, with the Participant’s permission, advising the Employer about the Participant’s records of convictions for crimes. Without limiting the generality of clause 60, there may be a reasonably foreseeable risk that a Participant, or other person, may cause loss or harm to others where: the Participant, or other person, has a history of criminal antecedents, and those antecedents are a relevant consideration when assessing the risk of loss or harm; or it is otherwise reasonable to expect that the Provider ought to be aware that the Participant, or other person, may cause loss or harm to others. In addition to this clause 53, the Provider must comply with any Guidelines that the Department may issue concerning the matters set out in this clause. The Provider must arrange for other background checks, in accordance with any Guidelines, to be carried out as required by the Department from time to time. The Provider is fully responsible for the performance of the Services and for ensuring compliance with the requirements of this Agreement, notwithstanding any other matter or arrangement, including: Subcontracting of the Services; any obligation that a Subcontractor comply with the Department’s requirements in relation to using the Department’s IT Systems in performing Services under its Subcontract; access rights specified in, or any action taken under, clause 233 [Access to premises and records]; involvement by the Department in the performance of the Services; or payment made to the Provider on account of the Services. The Provider must: liaise with and provide information to the Department, or any other person nominated by the Department, as reasonably requested by the Department; immediately comply with all of the Department’s reasonable requests; and immediately Notify the Department of any matter or incident that could be damaging to the reputation of the Provider or the Department, or how the Services are perceived publicly, should it become publicly known. The Department and the Provider may respectively nominate, from time to time, a Relationship Manager and a Contact Person. The day to day management of, and communication under, this Agreement: is to be handled by the Relationship Manager and the Contact Person or their delegates; and may be undertaken by the Relationship Manager and the Contact Person or their delegates by means of electronic mail. The Provider must ensure that it has a valid electronic mail address for the Contact Person, and any other relevant Personnel, so as to facilitate the day to day management of the Services and communication between it and the Department. The Provider must provide all reasonable assistance to the Commonwealth in relation to the Social Security Appeals Process including ensuring the availability of its Personnel, agents and Subcontractors to appear at hearings (including appeals to any court) and to provide witness or other statements as required by the Department. The Provider must notify DHS, in a manner consistent with any Guidelines, of any change in the circumstances of a Participant within five Business Days of becoming aware of the change in circumstances. The Provider must respond within five Business Days to any requests for information by DHS or the Department about any change in circumstances referred to in clause 72. The Provider must take all reasonable steps to minimise delay in meeting its obligations under this Agreement. If the Provider becomes aware that it will be delayed in meeting its obligations under this Agreement, or receives a Notice from the Department in relation to a delay, the Provider must immediately Notify the Department of: the cause and nature of the delay; and the steps the Provider will take to limit the delay. The Provider must comply with the steps it Notifies to the Department in accordance with clause 76.1(b), subject to any additional requirements which the Department may Notify to the Provider. If: the Provider does not Notify the Department of any delay in accordance with clause 76 or fails to comply with clause 77; or the Department determines that the delay Notified places the Services in jeopardy, the Department may, at the Department’s absolute discretion: take action under clause 302 [Remedies for breach]; terminate this Agreement under clause 319 [Termination for default]; or take such other steps as are available under law or in equity. Except where, and to the extent that, clause 77 applies, the Provider must comply with the timeframe for meeting its obligations as set out in this Agreement. The Department provides no guarantee of: the volume or type of business the Provider will receive; the numbers of Participants for any Services under this Agreement; the numbers of Participants for any ESA in relation to any Services under this Agreement; or the market and other information provided in the relevant grant application process. Depending on the Services that the Provider is contracted to provide, payments under or pursuant to, this Agreement consist of Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments specified in Sections 5F and 5N. Subject to sufficient funds being available and compliance by the Provider with this Agreement to the Department’s satisfaction, and depending on the Services that the Provider is contracted to provide under this Agreement, the Department will pay to the Provider, the Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments at the times and in the manner specified in this Agreement to the account(s) specified in the Schedule. Depending on the Services that the Provider is contracted to provide under this Agreement, the Provider may claim any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments properly due to the Provider during the Agreement Term. It is a precondition of the Provider’s entitlement to be paid any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments that it: has, at the time it makes a claim for a payment, sufficient Documentary Evidence to prove that the Provider has delivered the relevant Services in accordance with, or otherwise has relevantly complied with, this Agreement; 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; supplies proof of its GST registration, if requested by the Department; immediately notifies the Department of any changes to its GST status; and submits Tax Invoices to the Department for payment. The Provider must retain sufficient Documentary Evidence to prove its claim for payment under this Agreement for such period as is required under clause 222. The Provider must, at the time it makes a claim for a payment, upload to the Department's IT Systems the Documentary Evidence referred to in clause 88 as required by any Guidelines, to the Department’s satisfaction. The Provider must, if requested by the Department, within 10 Business Days of the Department’s request, provide to the Department any other Documentary Evidence referred to in clause 88 that was not uploaded to the Department's IT Systems in accordance with clause 89, to the Department’s satisfaction. If: the Provider does not comply with clause 89 or 90; the Department has already paid the Provider in relation to the claim for payment; and an extension of time has not been requested and agreed to by the Department, then: the Provider will be taken not to have delivered the relevant Services in accordance with this Agreement; and the Department may recover the relevant payment amount from the Provider as a debt in accordance with clause 105 [Debts and offsetting], without prejudice to any other rights that the Department may have under this Agreement, under statute, at law or in equity. The Department may contact Employers or Participants or any other relevant parties to verify Documentary Evidence provided by a Provider. Nothing in this Agreement restricts the Department from making enquiries to the extent permitted by law with any person or organisation in order to validate any claims made by a Provider. These enquiries may involve the use of data matching techniques to compare data held by government agencies to identify discrepancies.
Appears in 2 contracts
Samples: Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement
Directions. The Department may issue a written direction to Providers in relation to the Services (a 'Direction'), including to give effect to: any change in Government policy that has, or has the potential to have, without limitation, an impact on the scope of the Services or the manner in which the Services are to be performed; or any adjustment to the Fees (including under clause 143 794 [Adjustment of Fees]). The Provider must perform the Services (or any other obligation under this Agreement) in accordance with and within any timeframe specified in any Direction given from time to time. To avoid doubt, a Direction may effect a variation to this Agreement as relevant to the scope and performance of the Services. Any other variation to the terms and conditions of this Agreement will be given effect in accordance with clause 73362. The Provider must, in relation to this Agreement, at all times, act: in good faith towards the Department and Customers; and in a manner that maintains the good reputation of the Services. The Provider must not engage in, and must ensure that its Personnel, Subcontractors, Third Party IT Employment System Providers and agents do not engage in, any practice that: dishonestly; or improperly, as determined by the Department, manipulates Records, Outcomes or the Services with the effect of maximising payments to, or otherwise obtaining a benefit for, the Provider or any other person. If, after investigation, the Department determines that the Provider has been engaged in activity described in clause 15.249, the Department may: take action under clause 59 302 [Remedies for breach]; or immediately terminate this Agreement under clause 61 319 [Termination for default], by providing Notice to the Provider. The Provider must advise its officers and employees: that they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth); that acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties including imprisonment; disclosures of disclosable conduct under the Public Interest Disclosure Act 2013 Xxxxxxxx Xxxxxxxxxx Xxx 0000 (Cth) can be made directly to their supervisors within the Provider, or to an authorised officer of the Department, and where a disclosure of disclosable conduct is made to a supervisor within the Provider, the supervisor is required under section 60A of the Public Interest Disclosure Act 2013 Xxxxxxxx Xxxxxxxxxx Xxx 0000 (Cth) to pass information about the conduct to an authorised officer of the Department; and that suspicions or evidence of incorrect claims or acceptance of payments or any other activities that may be a breach of the Agreement may be reported to the Department through the Employment Services Tip Off Line. For the avoidance of doubt, no right or obligation arising from this Agreement is to be read or understood as limiting the Provider’s right to enter into public debate regarding policies of the Australian Government, its agencies, employees, servants or agents. Before arranging for a Participant to participate in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity in which the Participant will have regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the Participant has any relevant records of convictions for crimes and if the Participant has any relevant records of convictions for crimes, the Provider must not arrange for the Participant to participate in that activity, unless the records of convictions for crimes are not relevant to the activity. The Provider is not required to arrange for criminal records checks to be conducted for a Participant starting in Employment, unless there is a statutory requirement for the Provider to do so. The Provider must obtain each Participant’s written permission prior to obtaining the checks described in clause 54. For the purposes of clause 55, if a Participant is a Child, and is unable to obtain parental or guardian permission, the Provider must decide either: not to arrange for the Participant to participate in an activity as described in clause 54; or if the Participant is to participate in such an activity, to put in place measures to ensure: compliance with the law; and that no other person is put at undue risk of injury or mistreatment. If a Participant is not a Child, and has failed to provide permission for a check to be conducted in accordance with clause 55, the Provider must not arrange for the Participant to participate in the activity as described in clause 54. Before any person who is not a Participant is engaged in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity which will involve regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the person has any relevant records of convictions for crimes, and if the person has any relevant records of convictions for crimes, the Provider must ensure that the person is not engaged in that activity. The Provider must meet its own expenses for the cost of all checks conducted in accordance with clause 54 and 58. Notwithstanding clauses 54 to 59, the Provider must not arrange for: a Participant, or any other person, to be involved in an activity under this Agreement; or a Participant to be placed into Employment, where there is a reasonably foreseeable risk that the Participant, or other person, may cause loss or harm to any person, unless the Provider has put in place reasonable measures designed to ameliorate that risk, and where a Participant is placed into Employment, these measures may include, with the Participant’s permission, advising the Employer about the Participant’s records of convictions for crimes. Without limiting the generality of clause 60, there may be a reasonably foreseeable risk that a Participant, or other person, may cause loss or harm to others where: the Participant, or other person, has a history of criminal antecedents, and those antecedents are a relevant consideration when assessing the risk of loss or harm; or it is otherwise reasonable to expect that the Provider ought to be aware that the Participant, or other person, may cause loss or harm to others. In addition to this clause 53, the Provider must comply with any Guidelines that the Department may issue concerning the matters set out in this clause. The Provider must arrange for other background checks, in accordance with any Guidelines, to be carried out as required by the Department from time to time. The Provider is fully responsible for the performance of the Services and for ensuring compliance with the requirements of this Agreement, notwithstanding any other matter or arrangement, including: Subcontracting of the Services; any obligation that a Subcontractor comply with the Department’s requirements in relation to using the Department’s IT Systems in performing Services under its Subcontract; access rights specified in, or any action taken under, clause 233 [Access to premises and records]; involvement by the Department in the performance of the Services; or payment made to the Provider on account of the Services. The Provider must: liaise with and provide information to the Department, or any other person nominated by the Department, as reasonably requested by the Department; immediately comply with all of the Department’s reasonable requests; and immediately Notify the Department of any matter or incident that could be damaging to the reputation of the Provider or the Department, or how the Services are perceived publicly, should it become publicly known. The Department and the Provider may respectively nominate, from time to time, an Account Manager and a Contact Person. The day to day management of, and communication under, this Agreement: is to be handled by the Account Manager and the Contact Person or their delegates; and may be undertaken by the Account Manager and the Contact Person or their delegates by means of electronic mail. The Provider must ensure that it has a valid electronic mail address for the Contact Person, and any other relevant Personnel, so as to facilitate the day to day management of the Services and communication between it and the Department. The Provider must provide all reasonable assistance to the Commonwealth in relation to the Social Security Appeals Process including ensuring the availability of its Personnel, agents and Subcontractors to appear at hearings (including appeals to any court) and to provide witness or other statements as required by the Department. The Provider must notify DHS, in a manner consistent with any Guidelines, of any change in the circumstances of a Participant within five Business Days of becoming aware of the change in circumstances. The Provider must respond within five Business Days to any requests for information by DHS or the Department about any change in circumstances referred to in clause 72. The Provider must take all reasonable steps to minimise delay in meeting its obligations under this Agreement. If the Provider becomes aware that it will be delayed in meeting its obligations under this Agreement, or receives a Notice from the Department in relation to a delay, the Provider must immediately Notify the Department of: the cause and nature of the delay; and the steps the Provider will take to limit the delay. The Provider must comply with the steps it Notifies to the Department in accordance with clause 76.1(b), subject to any additional requirements which the Department may Notify to the Provider. If: the Provider does not Notify the Department of any delay in accordance with clause 76 or fails to comply with clause 77; or the Department determines that the delay Notified places the Services in jeopardy, the Department may, at the Department’s absolute discretion: take action under clause 302 [Remedies for breach]; terminate this Agreement under clause 319 [Termination for default]; or take such other steps as are available under law or in equity. Except where, and to the extent that, clause 77 applies, the Provider must comply with the timeframe for meeting its obligations as set out in this Agreement. The Department provides no guarantee of: the volume or type of business the Provider will receive; the numbers of Participants for any Services under this Agreement; the numbers of Participants for any ESA in relation to any Services under this Agreement; or the market and other information provided in the relevant grant application process. Depending on the Services that the Provider is contracted to provide, payments under or pursuant to, this Agreement consist of Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments specified in Sections 5F and 5N. Subject to sufficient funds being available and compliance by the Provider with this Agreement to the Department’s satisfaction, and depending on the Services that the Provider is contracted to provide under this Agreement, the Department will pay to the Provider, the Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments at the times and in the manner specified in this Agreement to the account(s) specified in the Schedule. Depending on the Services that the Provider is contracted to provide under this Agreement, the Provider may claim any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments properly due to the Provider during the Agreement Term. It is a precondition of the Provider’s entitlement to be paid any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments that it: has, at the time it makes a claim for a payment, sufficient Documentary Evidence to prove that the Provider has delivered the relevant Services in accordance with, or otherwise has relevantly complied with, this Agreement; 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; supplies proof of its GST registration, if requested by the Department; immediately notifies the Department of any changes to its GST status; and submits Tax Invoices to the Department for payment. The Provider must retain sufficient Documentary Evidence to prove its claim for payment under this Agreement for such period as is required under clause 222. The Provider must, at the time it makes a claim for a payment, upload to the Department's IT Systems the Documentary Evidence referred to in clause 88 as required by any Guidelines, to the Department’s satisfaction. The Provider must, if requested by the Department, within 10 Business Days of the Department’s request, provide to the Department any other Documentary Evidence referred to in clause 88 that was not uploaded to the Department's IT Systems in accordance with clause 89, to the Department’s satisfaction. If: the Provider does not comply with clause 89 or 90; the Department has already paid the Provider in relation to the claim for payment; and an extension of time has not been requested and agreed to by the Department, then: the Provider will be taken not to have delivered the relevant Services in accordance with this Agreement; and the Department may recover the relevant payment amount from the Provider as a debt in accordance with clause 105 [Debts and offsetting], without prejudice to any other rights that the Department may have under this Agreement, under statute, at law or in equity. The Department may contact Employers or Participants or any other relevant parties to verify Documentary Evidence provided by a Provider. Nothing in this Agreement restricts the Department from making enquiries to the extent permitted by law with any person or organisation in order to validate any claims made by a Provider. These enquiries may involve the use of data matching techniques to compare data held by government agencies to identify discrepancies.
Appears in 1 contract
Directions. The Department may issue a written direction to Providers in relation to the Services (a 'Direction'), including to give effect to: any change in Government policy that has, or has the potential to have, without limitation, an impact on the scope of the Services or the manner in which the Services are to be performed; or any adjustment to the Fees (including under clause 143 139 [Adjustment of Fees]). The Provider must perform the Services (or any other obligation under this Agreement) in accordance with and within any timeframe specified in any Direction given from time to time. To avoid doubt, a Direction may effect a variation to this Agreement as relevant to the scope and performance of the Services. Any other variation to the terms and conditions of this Agreement will be given effect in accordance with clause 73. The Provider must, in relation to this Agreement, at all times, act: in good faith towards the Department and Customers; and in a manner that maintains the good reputation of the Services. The Provider must not engage in, and must ensure that its Personnel, Subcontractors, Third Party IT Employment System Providers and agents do not engage in, any practice that: dishonestly; or improperly, as determined by the Department, manipulates Records, Outcomes or the Services with the effect of maximising payments to, or otherwise obtaining a benefit for, the Provider or any other person. If, after investigation, the Department determines that the Provider has been engaged in activity described in clause 15.2, the Department may: take action under clause 59 [Remedies for breach]; or immediately terminate this Agreement under clause 61 [Termination for default], by providing Notice to the Provider. The Provider must advise its officers and employees: that they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth); that acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties including imprisonment; disclosures of disclosable conduct under the Public Interest Disclosure Act 2013 Xxxxxxxx Xxxxxxxxxx Xxx 0000 (Cth) can be made directly to their supervisors within the Provider, or to an authorised officer of the Department, and where a disclosure of disclosable conduct is made to a supervisor within the Provider, the supervisor is required under section 60A of the Public Interest Disclosure Act 2013 Xxxxxxxx Xxxxxxxxxx Xxx 0000 (Cth) to pass information about the conduct to an authorised officer of the Department; and that suspicions or evidence of incorrect claims or acceptance of payments or any other activities that may be a breach of the Agreement may be reported to the Department through the Employment Services Tip Off Line. For the avoidance of doubt, no right or obligation arising from this Agreement is to be read or understood as limiting the Provider’s right to enter into public debate regarding policies of the Australian Government, its agencies, employees, servants or agents. Before arranging for a Participant to participate in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity in which the Participant will have regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the Participant has any relevant records of convictions for crimes and if the Participant has any relevant records of convictions for crimes, the Provider must not arrange for the Participant to participate in that activity, unless the records of convictions for crimes are not relevant to the activity. The Provider is not required to arrange for criminal records checks to be conducted for a Participant starting in Employment, unless there is a statutory requirement for the Provider to do so.
Appears in 1 contract
Directions. The Department may issue a written direction to Providers in relation to the Services (a 'Direction'), including to give effect to: any change in Government policy that has, or has the potential to have, without limitation, an impact on the scope of the Services or the manner in which the Services are to be performed; or any adjustment to the Fees (including under clause 143 771 [Adjustment of Fees]). The Provider must perform the Services (or any other obligation under this Agreement) in accordance with and within any timeframe specified in any Direction given from time to time. To avoid doubt, a Direction may effect a variation to this Agreement as relevant to the scope and performance of the Services. Any other variation to the terms and conditions of this Agreement will be given effect in accordance with clause 73362. The Provider must, in relation to this Agreement, at all times, act: in good faith towards the Department and Customers; and in a manner that maintains the good reputation of the Services. The Provider must not engage in, and must ensure that its Personnel, Subcontractors, Third Party IT Providers and agents do not engage in, any practice that: dishonestly; or improperly, as determined by the Department, manipulates Records, Outcomes or the Services with the effect of maximising payments to, or otherwise obtaining a benefit for, the Provider or any other person. If, after investigation, the Department determines that the Provider has been engaged in activity described in clause 15.249, the Department may: take action under clause 59 302 [Remedies for breach]; or immediately terminate this Agreement under clause 61 319 [Termination for default], by providing Notice to the Provider. The Provider must advise its officers and employees: that they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth); that acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties including imprisonment; disclosures of disclosable conduct under the Public Interest Disclosure Act 2013 (Cth) can be made directly to their supervisors within the Provider, or to an authorised officer of the Department, and where a disclosure of disclosable conduct is made to a supervisor within the Provider, the supervisor is required under section 60A of the Public Interest Disclosure Act 2013 (Cth) to pass information about the conduct to an authorised officer of the Department; and that suspicions or evidence of incorrect claims or acceptance of payments or any other activities that may be a breach of the Agreement may be reported to the Department through the Employment Services Tip Off Line. For the avoidance of doubt, no right or obligation arising from this Agreement is to be read or understood as limiting the Provider’s right to enter into public debate regarding policies of the Australian Government, its agencies, employees, servants or agents. Before arranging for a Participant to participate in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity in which the Participant will have regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the Participant has any relevant records of convictions for crimes and if the Participant has any relevant records of convictions for crimes, the Provider must not arrange for the Participant to participate in that activity, unless the records of convictions for crimes are not relevant to the activity. The Provider is not required to arrange for criminal records checks to be conducted for a Participant starting in Employment, unless there is a statutory requirement for the Provider to do so. The Provider must obtain each Participant’s written permission prior to obtaining the checks described in clause 54. For the purposes of clause 55, if a Participant is a Child, and is unable to obtain parental or guardian permission, the Provider must decide either: not to arrange for the Participant to participate in an activity as described in clause 54; or if the Participant is to participate in such an activity, to put in place measures to ensure: compliance with the law; and that no other person is put at undue risk of injury or mistreatment. If a Participant is not a Child, and has failed to provide permission for a check to be conducted in accordance with clause 55, the Provider must not arrange for the Participant to participate in the activity as described in clause 54. Before any person who is not a Participant is engaged in an activity under this Agreement which is: one where legislation requires a criminal records check to be conducted; subject to industry accreditation requirements, industry standards, or a legal requirement that the activity can only be carried out by people who have not been convicted of particular crimes; specified by the Department as requiring a criminal records check; or otherwise an activity which will involve regular or unsupervised contact with Children, the elderly, or other classes of vulnerable people, and for which it would be considered prudent by a reasonable person that a criminal records check be conducted, the Provider must arrange for criminal records checks to be carried out to establish whether the person has any relevant records of convictions for crimes, and if the person has any relevant records of convictions for crimes, the Provider must ensure that the person is not engaged in that activity. The Provider must meet its own expenses for the cost of all checks conducted in accordance with clause 54 and 58. Notwithstanding clauses 54 to 59, the Provider must not arrange for: a Participant, or any other person, to be involved in an activity under this Agreement; or a Participant to be placed into Employment, where there is a reasonably foreseeable risk that the Participant, or other person, may cause loss or harm to any person, unless the Provider has put in place reasonable measures designed to ameliorate that risk, and where a Participant is placed into Employment, these measures may include, with the Participant’s permission, advising the Employer about the Participant’s records of convictions for crimes. Without limiting the generality of clause 60, there may be a reasonably foreseeable risk that a Participant, or other person, may cause loss or harm to others where: the Participant, or other person, has a history of criminal antecedents, and those antecedents are a relevant consideration when assessing the risk of loss or harm; or it is otherwise reasonable to expect that the Provider ought to be aware that the Participant, or other person, may cause loss or harm to others. In addition to this clause 53, the Provider must comply with any Guidelines that the Department may issue concerning the matters set out in this clause. The Provider must arrange for other background checks, in accordance with any Guidelines, to be carried out as required by the Department from time to time. The Provider is fully responsible for the performance of the Services and for ensuring compliance with the requirements of this Agreement, notwithstanding any other matter or arrangement, including: Subcontracting of the Services; any obligation that a Subcontractor comply with the Department’s requirements in relation to using the Department’s IT Systems in performing Services under its Subcontract; access rights specified in, or any action taken under, clause 233 [Access to premises and records]; involvement by the Department in the performance of the Services; or payment made to the Provider on account of the Services. The Provider must: liaise with and provide information to the Department, or any other person nominated by the Department, as reasonably requested by the Department; immediately comply with all of the Department’s reasonable requests; and immediately Notify the Department of any matter or incident that could be damaging to the reputation of the Provider or the Department, or how the Services are perceived publicly, should it become publicly known. The Department and the Provider may respectively nominate, from time to time, a Relationship Manager and a Contact Person. The day to day management of, and communication under, this Agreement: is to be handled by the Relationship Manager and the Contact Person or their delegates; and may be undertaken by the Relationship Manager and the Contact Person or their delegates by means of electronic mail. The Provider must ensure that it has a valid electronic mail address for the Contact Person, and any other relevant Personnel, so as to facilitate the day to day management of the Services and communication between it and the Department. The Provider must provide all reasonable assistance to the Commonwealth in relation to the Social Security Appeals Process including ensuring the availability of its Personnel, agents and Subcontractors to appear at hearings (including appeals to any court) and to provide witness or other statements as required by the Department. The Provider must notify DHS, in a manner consistent with any Guidelines, of any change in the circumstances of a Participant within five Business Days of becoming aware of the change in circumstances. The Provider must respond within five Business Days to any requests for information by DHS or the Department about any change in circumstances referred to in clause 72. The Provider must take all reasonable steps to minimise delay in meeting its obligations under this Agreement. If the Provider becomes aware that it will be delayed in meeting its obligations under this Agreement, or receives a Notice from the Department in relation to a delay, the Provider must immediately Notify the Department of: the cause and nature of the delay; and the steps the Provider will take to limit the delay. The Provider must comply with the steps it Notifies to the Department in accordance with clause 76.1(b), subject to any additional requirements which the Department may Notify to the Provider. If: the Provider does not Notify the Department of any delay in accordance with clause 76 or fails to comply with clause 77; or the Department determines that the delay Notified places the Services in jeopardy, the Department may, at the Department’s absolute discretion: take action under clause 302 [Remedies for breach]; terminate this Agreement under clause 319 [Termination for default]; or take such other steps as are available under law or in equity. Except where, and to the extent that, clause 77 applies, the Provider must comply with the timeframe for meeting its obligations as set out in this Agreement. The Department provides no guarantee of: the volume or type of business the Provider will receive; the numbers of Participants for any Services under this Agreement; the numbers of Participants for any ESA in relation to any Services under this Agreement; or the market and other information provided in the relevant grant application process. Depending on the Services that the Provider is contracted to provide, payments under or pursuant to, this Agreement consist of Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments specified in Sections 5F and 5N. Subject to sufficient funds being available and compliance by the Provider with this Agreement to the Department’s satisfaction, and depending on the Services that the Provider is contracted to provide under this Agreement, the Department will pay to the Provider, the Fees, Funds, Reimbursements, Wage Subsidies and Ancillary Payments at the times and in the manner specified in this Agreement to the account(s) specified in the Schedule. Depending on the Services that the Provider is contracted to provide under this Agreement, the Provider may claim any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments properly due to the Provider during the Agreement Term. It is a precondition of the Provider’s entitlement to be paid any Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments that it: has, at the time it makes a claim for a payment, sufficient Documentary Evidence to prove that the Provider has delivered the relevant Services in accordance with, or otherwise has relevantly complied with, this Agreement; 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; supplies proof of its GST registration, if requested by the Department; immediately notifies the Department of any changes to its GST status; and submits Tax Invoices to the Department for payment. The Provider must retain sufficient Documentary Evidence to prove its claim for payment under this Agreement for such period as is required under clause 222. The Provider must, at the time it makes a claim for a payment, upload to the Department's IT Systems the Documentary Evidence referred to in clause 88 as required by any Guidelines, to the Department’s satisfaction. The Provider must, if requested by the Department, within 10 Business Days of the Department’s request, provide to the Department any other Documentary Evidence referred to in clause 88 that was not uploaded to the Department's IT Systems in accordance with clause 89, to the Department’s satisfaction. If: the Provider does not comply with clause 89 or 90; the Department has already paid the Provider in relation to the claim for payment; and an extension of time has not been requested and agreed to by the Department, then: the Provider will be taken not to have delivered the relevant Services in accordance with this Agreement; and the Department may recover the relevant payment amount from the Provider as a debt in accordance with clause 105 [Debts and offsetting], without prejudice to any other rights that the Department may have under this Agreement, under statute, at law or in equity. The Department may contact Employers or Participants or any other relevant parties to verify Documentary Evidence provided by a Provider. Nothing in this Agreement restricts the Department from making enquiries to the extent permitted by law with any person or organisation in order to validate any claims made by a Provider. These enquiries may involve the use of data matching techniques to compare data held by government agencies to identify discrepancies.
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