Common use of Transferred Participants Clause in Contracts

Transferred Participants. If a Participant transfers from the Provider to another Program Provider and is, on the date of the transfer, the subject of a PaTH Internship Agreement: the Provider must: end the then current PaTH Internship Agreement; and liaise with the relevant Activity Host Organisation, Program Provider and Participant in relation to continuing the PaTH Internship; and the other Program Provider: must use its best endeavours to enter into a new a PaTH Internship Agreement for the benefit of the Participant for the remainder of the PaTH Internship Period; and advise the Department if it is unable to enter into a PaTH Internship Agreement as contemplated in clause 99.12(b)(i). The Provider must ensure that, to the extent allowable by law and unless otherwise expressly agreed by the Parties, there is no intention or understanding on the part of the Activity Host Organisation or the Participant that the PaTH Internship itself will create legal relations between the Participant and: the Commonwealth; the Provider; or the Activity Host Organisation. Without limiting clause 99.13, the Provider must ensure that, to the extent allowed by law and unless otherwise expressly agreed by the Parties, a PaTH Internship itself will not result in the Participant being an employee of the relevant Activity Host Organisation. Prior to the commencement of a Specified Activity, and throughout the Specified Activity, the Provider must satisfy itself that there is a safe system of work in place, including that the relevant Activity Host Organisation is complying with: work health and safety requirements relevant to the jurisdiction in which the Specified Activity occurs; and relevant statutory workers’ compensation requirements. The Provider must: prior to the commencement of a Participant in any Specified Activity undertake a risk assessment in accordance with the Guidelines and undertake any action identified in the risk assessment; <removed> retain Records of each risk assessment referred to in clause 100.2(a) and any action taken in accordance with the risk assessment, and provide the relevant Records to the Department upon request; ensure that in respect of any Specified Activity, each Activity Host Organisation is obliged to immediately advise the Provider of any proposed or actual changes to the tasks being undertaken by a Participant in respect of the Specified Activity or the circumstances in which those tasks are being undertaken; and <removed>. If the Provider does not itself employ a Competent Person relevant to meeting the obligations in clauses 100.1 and 100.2, it must engage a relevant Competent Person, as required, for this purpose. Prior to the commencement of a Participant in a Specified Activity, and at all times during each Specified Activity, the Provider must, in accordance with any Guidelines: examine the relevant risk assessment to ensure that the Specified Activity is appropriate for the Participant being considered for placement, with regard to their health and safety, taking into consideration any relevant circumstances including the Participants’ disability, injury or health condition and work restrictions and having regard, among other things, to the risk assessments undertaken by the Provider or the Employment Service Provider in accordance with clause 100.2; ensure that any required actions, identified in the relevant risk assessment, have been undertaken; identify any training, including work health and safety training, that will be required to ensure that the Participant can participate in the activities safely, and ensure that training of sufficient length and quality is provided to all Participants by the Activity Host Organisation at the commencement and for the duration of the Specified Activities; ensure that appropriate facilities (such as toilets and access to drinking water) are available to all Participants for the duration of the Specified Activities; identify if any specific equipment, clothing or materials are required for Participants to participate safely in the relevant activities, and ensure that such materials are provided to Participants; ensure that the Participant being considered for placement in the Specified Activity has been advised of the process for reporting any work health and safety issues regarding the Specified Activities; and purchase or fund additional insurance for the Specified Activity if required. The Provider must ensure that: Participants undertaking any Specified Activity are adequately and appropriately supervised at all times; all Personnel and supervisors involved in any Specified Activity: are fit and proper persons to be involved in that role; have had national criminal history record checks as specified in this Agreement, any Guidelines and as required by law; and have a high level of skill/knowledge and/or experience in working with, training and supervising persons in work experience placements; and an appropriate person employed by the relevant Activity Host Organisation is present at any Specified Activity location when the Specified Activity involves direct contact between Participants and Children or other classes of vulnerable people. The Provider must ensure that Specified Activity supervisors are required to notify the Provider of the non-attendance of Participants on all Specified Activities.

Transferred Participants. If a Participant transfers from the Provider to another Program Provider and is, on the date of the transfer, the subject of a PaTH Internship Agreement: the Provider must: end the then current PaTH Internship Agreement; and liaise with the relevant Activity Host Organisation, Program Provider and Participant in relation to continuing the PaTH Internship; and the other Program Provider: must use its best endeavours to enter into a new a PaTH Internship Agreement for the benefit of the Participant for the remainder of the PaTH Internship Period; and advise the Department if it is unable to enter into a PaTH Internship Agreement as contemplated in clause 99.12(b)(i548.1(b)(i). The Provider must ensure that, to the extent allowable by law and unless otherwise expressly agreed by the Parties, there is no intention or understanding on the part of the Activity Host Organisation or the Participant that the PaTH Internship itself will create legal relations between the Participant and: the Commonwealth; the Provider; or the Activity Host Organisation. Without limiting clause 99.13549, the Provider must ensure that, to the extent allowed by law and unless otherwise expressly agreed by the Parties, a PaTH Internship itself will not result in the Participant being an employee of the relevant Activity Host Organisation. Prior to the commencement of a Specified ActivityWork for the Xxxx activity, a PaTH Internship, AccessAbility Day Placement or a National Work Experience Programme Placement, and throughout the Specified Activity, the Provider must satisfy itself that there is a safe system of work in place, including that the relevant Activity Host Organisation is complying with: work health and safety requirements relevant to the jurisdiction in which the Specified Activity occurs; and relevant statutory workers’ compensation requirements. The Provider must: prior to the commencement of a Participant in any Specified Activity National Work Experience Programme Placement, AccessAbility Day Placement or PaTH Internship undertake a risk assessment in accordance with the Guidelines and undertake any action identified in the risk assessment; <removed> prior to the commencement of a Participant in any Work for the Xxxx Placement: undertake a risk assessment (job seeker) as described in the Guidelines; ensure that the relevant Employment Service Provider has undertaken a risk assessment (Place) as referred to in the Guidelines in respect of the relevant Work for the Xxxx activity; examine the risk assessment in respect of the relevant Work for the Xxxx activity to ensure that the Work for the Xxxx Placement is appropriate for the Participant (taking into consideration any relevant circumstances including the Participant’s disability, injury or health condition and work restrictions); ensure that the Activity Host Organisation has current and adequate insurance coverage appropriate to the Activity and the Work for the Xxxx Placement; and undertake any action identified in the relevant risk assessment undertaken by the Provider and, to the extent relevant to the placement of any Participant in a Work for the Xxxx Place, the risk assessment undertaken by the Employment Service Provider in respect of the relevant Work for the Xxxx activity. retain Records of each risk assessment referred to in clause 100.2(a553.1(a) and (b) and any action taken in accordance with the risk assessment, and provide the relevant Records to the Department upon request; ensure that in respect of any Specified ActivityNational Work Experience Programme Placement, AccessAbility Day Placement or PaTH Internship activity, each Activity Host Organisation is obliged to immediately advise the Provider of any proposed or actual changes to the tasks being undertaken by a Participant in respect of the Specified Activity or the circumstances in which those tasks are being undertaken; and <removed>if the Provider is advised during the course of the Work for the Xxxx Place that there have been significant changes in relation to the relevant Work for the Xxxx Place, immediately review and revise the relevant risk assessment and take all appropriate action, or ensure that all appropriate action is taken, to address any such changes. If the Provider does not itself employ a Competent Person relevant to meeting the obligations in clauses 100.1 552 and 100.2553, it must engage a relevant Competent Person, as required, for this purpose. Prior to the commencement of a Participant in Work for the Xxxx activities, a Specified ActivityPaTH Internship, AccessAbility Day Placement or a National Work Experience Programme Placement, and at all times during each Specified Activity, the Provider must, in accordance with any Guidelines: examine the relevant risk assessment to ensure that the Specified Activity Work for the Xxxx activities, PaTH Internship, AccessAbility Day Placement or National Work Experience Programme Placement is appropriate for the Participant being considered for placement, with regard to their health and safety, taking into consideration any relevant circumstances including the Participants’ disability, injury or health condition and work restrictions and having regard, among other things, to the risk assessments undertaken by the Provider or the Employment Service Provider in accordance with clause 100.2; ensure that any required actions, identified in the relevant risk assessment, have been undertaken; identify any training, including work health and safety training, that will be required to ensure that the Participant can participate in the activities safely, and ensure that training of sufficient length and quality is provided to all Participants by the Activity Host Organisation at the commencement and for the duration of the Specified Activities; ensure that appropriate facilities (such as toilets and access to drinking water) are available to all Participants for the duration of the Specified Activities; identify if any specific equipment, clothing or materials are required for Participants to participate safely in the relevant activities, and ensure that such materials are provided to Participants; ensure that the Participant being considered for placement in the Specified Activity has been advised of the process for reporting any work health and safety issues regarding the Specified Activities; and purchase or fund additional insurance for the Specified Activity if required. The Provider must ensure that: Participants undertaking any Specified Activity are adequately and appropriately supervised at all times; all Personnel and supervisors involved in any Specified Activity: are fit and proper persons to be involved in that role; have had national criminal history record checks as specified in this Agreement, any Guidelines and as required by law; and have a high level of skill/knowledge and/or experience in working with, training and supervising persons in work experience placements; and an appropriate person employed by the relevant Activity Host Organisation is present at any Specified Activity location when the Specified Activity involves direct contact between Participants and Children or other classes of vulnerable people. The Provider must ensure that Specified Activity supervisors are required to notify the Provider of the non-attendance of Participants on all Specified Activities.553;

Transferred Participants. If a Participant transfers from the Provider to another Program Provider and is, on the date of the transfer, the subject of a PaTH Internship Agreement: the Provider must: end the then current PaTH Internship Agreement; and liaise with the relevant Activity Host Organisation, Program Provider and Participant in relation to continuing the PaTH Internship; and the other Program Provider: must use its best endeavours to enter into a new a PaTH Internship Agreement for the benefit of the Participant for the remainder of the PaTH Internship Period; and advise the Department if it is unable to enter into a PaTH Internship Agreement as contemplated in clause 99.12(b)(i). The Provider must ensure that, to the extent allowable by law and unless otherwise expressly agreed by the Parties, there is no intention or understanding on the part of the Activity Host Organisation or the Participant that the PaTH Internship itself will create legal relations between the Participant and: the Commonwealth; the Provider; or the Activity Host Organisation. Without limiting clause 99.13, the Provider must ensure that, to the extent allowed by law and unless otherwise expressly agreed by the Parties, a PaTH Internship itself will not result in the Participant being an employee of the relevant Activity Host Organisation. Prior to the commencement of a Specified ActivityWork for the Xxxx activity, a PaTH Internship, AccessAbility Day Placement or a National Work Experience Programme Placement, and throughout the Specified Activity, the Provider must satisfy itself that there is a safe system of work in place, including that the relevant Activity Host Organisation is complying with: work health and safety requirements relevant to the jurisdiction in which the Specified Activity occurs; and relevant statutory workers’ compensation requirements. The Provider must: prior to the commencement of a Participant in any Specified Activity National Work Experience Programme Placement, AccessAbility Day Placement or PaTH Internship undertake a risk assessment in accordance with the Guidelines and undertake any action identified in the risk assessment; <removed> prior to the commencement of a Participant in any Work for the Xxxx Placement: undertake a risk assessment (job seeker) as described in the Guidelines; ensure that the relevant Employment Service Provider has undertaken a risk assessment (Place) as referred to in the Guidelines in respect of the relevant Work for the Xxxx activity; examine the risk assessment in respect of the relevant Work for the Xxxx activity to ensure that the Work for the Xxxx Placement is appropriate for the Participant (taking into consideration any relevant circumstances including the Participant’s disability, injury or health condition and work restrictions); ensure that the Activity Host Organisation has current and adequate insurance coverage appropriate to the Activity and the Work for the Xxxx Placement; and undertake any action identified in the relevant risk assessment undertaken by the Provider and, to the extent relevant to the placement of any Participant in a Work for the Xxxx Place, the risk assessment undertaken by the Employment Service Provider in respect of the relevant Work for the Xxxx activity. retain Records of each risk assessment referred to in clause 100.2(a) and (b) and any action taken in accordance with the risk assessment, and provide the relevant Records to the Department upon request; ensure that in respect of any Specified ActivityNational Work Experience Programme Placement, AccessAbility Day Placement or PaTH Internship activity, each Activity Host Organisation is obliged to immediately advise the Provider of any proposed or actual changes to the tasks being undertaken by a Participant in respect of the Specified Activity or the circumstances in which those tasks are being undertaken; and <removed>if the Provider is advised during the course of the Work for the Xxxx Place that there have been significant changes in relation to the relevant Work for the Xxxx Place, immediately review and revise the relevant risk assessment and take all appropriate action, or ensure that all appropriate action is taken, to address any such changes. If the Provider does not itself employ a Competent Person relevant to meeting the obligations in clauses 100.1 and 100.2, it must engage a relevant Competent Person, as required, for this purpose. Prior to the commencement of a Participant in Work for the Xxxx activities, a Specified ActivityPaTH Internship, AccessAbility Day Placement or a National Work Experience Programme Placement, and at all times during each Specified Activity, the Provider must, in accordance with any Guidelines: examine the relevant risk assessment to ensure that the Specified Activity Work for the Xxxx activities, PaTH Internship, AccessAbility Day Placement or National Work Experience Programme Placement is appropriate for the Participant being considered for placement, with regard to their health and safety, taking into consideration any relevant circumstances including the Participants’ disability, injury or health condition and work restrictions and having regard, among other things, to the risk assessments undertaken by the Provider or the Employment Service Provider in accordance with clause 100.2; for a National Work Experience Programme Placement, AccessAbility Day Placement or PaTH Internship, ensure that any required actions, identified in the relevant risk assessment, have been undertaken; identify any training, including work health and safety training, that will be required to ensure that the Participant can participate in the activities safely, and ensure that training of sufficient length and quality is provided to all Participants by the Activity Host Organisation at the commencement and for the duration of the Specified Activities; ensure that appropriate facilities (such as toilets and access to drinking water) are available to all Participants for the duration of the Specified Activities; identify if any specific equipment, clothing or materials are required for Participants to participate safely in the relevant activities, and ensure that such materials are provided to Participants; ensure that the Participant being considered for placement in the Specified Activity has been advised of the process for reporting any work health and safety issues regarding the Specified Activities; and purchase or fund additional insurance for the Specified Activity Work for the Xxxx activities, PaTH Internship, AccessAbility Day Placement or National Work Experience Programme Placement if required. The Provider must ensure that: Participants undertaking any Specified Activity are adequately and appropriately supervised at all times; all Personnel and supervisors involved in any Specified Activity: are fit and proper persons to be involved in that role; have had national criminal history record checks as specified in this Agreement, any Guidelines and as required by law; and have a high level of skill/knowledge and/or experience in working with, training and supervising persons in work experience placements; and an appropriate person employed by the relevant Activity Host Organisation is present at any Specified Activity location when the Specified Activity involves direct contact between Participants and Children or other classes of vulnerable people. The Provider must ensure that Specified Activity Work for the Xxxx and National Work Experience Programme Placement supervisors are required to notify the Provider of the non-attendance of Participants on all Specified Activities.