Post Defence Separation Employment. 34.1 Except with the prior approval of the Defence Representative, the Participant must not allow (and must ensure that each Key Subcontractor does not allow) any Relevant Defence Personnel to Assist the Participant (or Key Subcontractor) in relation to this contract.
34.2 For the purposes of clause 34.1:
Post Defence Separation Employment. 37.1 Except with the prior written approval of the Defence Representative, the Participant must not allow (and must ensure that each Key Subcontractor does not allow) any Defence Personnel who, at any time during the preceding 6 month period was engaged or involved in:
a. the preparation or management of this contract;
b. the assessment or selection of the Participant; or
c. the planning or performance of any activity relevant or related to this contract, to perform, contribute to or advise on the performance of this contract (or Key Subcontract).
37.2 For clarity, the 6 month period referred to in clause 37.1 applies from the date which is 6 months before the date on which the Participant proposes that the person start performing or contributing to the performance of this contract (or Key Subcontract).
37.3 The Defence Representative must not unreasonably withhold approval of a person under clause 37.1 and, in making a decision, must consider:
a. the character and duration of the engagement, services or work that was performed by the person during the relevant 6 month period;
b. any information provided by the Participant about the character and duration of the services proposed to be performed by the person under this contract (or Key Subcontract);
c. the potential for real or perceived conflicts of interest or probity concerns to arise if the person performs or contributes to the performance of this contract (or Key Subcontract) in the manner proposed under 37.3b, and the arrangements which the Participant (or Key Subcontractor) proposes to put in place to manage or reduce those conflicts of interest or probity concerns;
d. any information provided by the Participant concerning any significant effect that withholding approval will have on the person’s employment or remuneration opportunities or the performance of this contract; and
e. the requirements set out in Defence’s post separation employment policy, as applicable.
Post Defence Separation Employment. 10.10.1 Except with the prior written Approval of the Defence Project Manager, the Contractor shall not permit any Defence Personnel or Defence Service Provider who, at any time during the preceding 12 month period was engaged or involved in: the preparation or management of the Contract; the assessment or selection of the Contractor; or the planning or performance of the procurement or any activity relevant or related to the Contract, to perform or contribute to the performance of the Contract.
10.10.2 To avoid doubt, the 12 month period referred to in clause 10.10.1 applies from the date which is 12 months before the date on which the Contractor proposes that the person start performing or contributing to the performance of the Contract.
10.10.3 The Defence Project Manager shall not unreasonably withhold approval of a person under clause 10.10.1 and, in making a decision, shall consider: the character and duration of the engagement, services or work that was performed by the person during the relevant 12 month period; any information provided by the Contractor about the character and duration of the services proposed to be performed by the person under the Contract; the potential for real or perceived conflicts of interest or probity concerns to arise if the person performs or contributes to the performance of the Contract in the manner proposed under 10.10.3b, and the arrangements which the Contractor proposes to put in place to manage or reduce those conflicts of interest or probity concerns; any information provided by the Contractor concerning any significant effect that withholding Approval will have on the person’s employment or remuneration opportunities or the performance of the Contract; and the policy requirements set out in DMI (PERS) 1/2007 and DI(G)PERS 25–4, as applicable.
10.10.4 The Contractor shall include rights of the Commonwealth equivalent to those contained in clause 10.10 in all Approved Subcontracts.
Post Defence Separation Employment
