Green Army Programme Project Agreement€¦ · Web viewanother grammatical form of a defined word or expression has a corresponding meaning; ... in any way connected with the Project

Project Agreement in relation to [insert Project name], Project ID [insert Project ID] page 1

GREEN ARMY PROGRAMMEPROJECT AGREEMENTin relation to [insert Project name]Project ID: [insert]

[Insert name and ABN of Service Provider] (Service Provider)

[Insert name and ABN (if available) of Project Sponsor] (Project Sponsor)

Table of contentsDetails 3

Part A – Standard terms and conditions 41. Definitions and interpretation 42. Agreement Period 93. Warranties and representations 94. Conduct of the Project 105. Provision of services by the Service Provider 156. Contributions 157. Work, health and safety 168. Working with vulnerable persons 179. Records and survey 2010. Audit and access 2111. Promotion and publicity 2112. Confidential Information 2213. Personal Information 2314. Proportionate liability 2315. Insurance 2416. Suspension or termination 2417. Enforcement 2618. Notices and other communications 2619. General provisions 27

Part B – Project specific terms and conditions 2920. Definitions 2921. [Insert clause title] 29

Schedule 1 – Agreement Details 30

Schedule 2 – Project Particulars 33

Execution page 36


Details

Parties1. [Insert name and ABN of Service Provider] (Service Provider).2. [Insert name and ABN (if available) of Project Sponsor] (Project Sponsor).

RecitalsA. The Australian Government's Plan for a Cleaner Environment is central to the

Government's vision for a stronger Australia.

B. A key component of this plan is the Green Army Programme to build teams of young Australians to undertake a range of environmental and heritage projects.

C. The Project Sponsor has been approved to receive support under the Programme.

D. The Service Provider has agreed to assist the Australian Government in the delivery of the Programme, including by entering into this Agreement with the Project Sponsor.

E. In consideration for receiving support under the Programme, the Project Sponsor has agreed to perform the Project in accordance with the terms and conditions set out in this Agreement.


Part A – Standard terms and conditions1. Definitions and interpretation1.1 Definitions

In this Agreement, except where the contrary intention is expressed, the following definitions are used:

ABN has the same meaning as it has in section 41 of the A New Tax System (Australian Business Number) Act 1999 (Cth).

Aboriginal Tradition has the same meaning as it has in section 3 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).

Acknowledgement Guidelines

the acknowledgement guidelines published by the Commonwealth as amended from time to time.

Agency (a) a body corporate or an unincorporated body established or constituted for a public purpose by Commonwealth legislation, or an instrument made under that legislation (including a local authority);

(b) a body established by the Governor-General or by a Minister of State of the Commonwealth including departments; or

(c) an incorporated company over which the Commonwealth exercises control.

Agreement this agreement between the Service Provider and the Project Sponsor, as amended from time to time in accordance with clause 19.2, and includes its Schedules and any Annexures.

Agreement Details Schedule 1.

Agreement for Services

the contract between the Service Provider and the Commonwealth formed under clause 4.3 of the Deed.

Agreement Period the period specified in clause 2.

Business Day in relation to the doing of any action in a place, any day other than a Saturday, Sunday or public holiday in that place.

Commencement Date the date this Agreement is executed by the parties or, if executed on separate days, the date on which this Agreement is executed by the last party to do so.

Commonwealth the Commonwealth of Australia.


Completion Date the day that the Project Sponsor has done all that it is required to do under clauses 4 (Conduct of the Project), 6 (Contributions), 9 (Records and survey) and 10 (Audit and access) of this Agreement to the satisfaction of the Service Provider.

Confidential Information

information that is by its nature confidential; and

(a) is designated by a party as confidential; or

(b) a party knows or ought to know is confidential,

but does not include:

(c) information which is or becomes public knowledge other than by breach of this Agreement or any other confidentiality obligation.

Conflict of Interest any circumstance in which a party or any of the party’s Personnel has an interest (whether financial or non-financial) or an affiliation that is affecting, will affect, or could be perceived to affect, that party’s ability to perform the Project, or its obligations under this Agreement, fairly and independently.

Deed the deed of standing offer between the Commonwealth and the Service Provider, as varied from time to time, and includes its Schedules and any attachments.

Guidelines the guidelines entitled the "Green Army Programme Guidelines" as varied by the Commonwealth from time to time.

Insolvency Event the happening of any of these events:

(a) goes into liquidation or provisional liquidation or an application is made for it to be wound up;

(b) has a receiver, manager, receiver and manager, administrator, controller (as defined in section 9 of the Corporations Act 2001 (Cth)) or similar officer appointed to it or any of its assets;

(c) makes an assignment for the benefit of or enters into an arrangement or composition with its creditors; or

(d) is insolvent or presumed insolvent under the Corporations Act 2001 (Cth) or stops payment of any of its debts;

(e) a party suffers any execution against its assets which has or will have an adverse effect on its ability to perform this Agreement;

(f) anything analogous or having a substantially similar effect to any of the events specified above happens under the Law of any applicable


jurisdiction.

Item an item in a Schedule to this Agreement.

Law any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth, or a local government.

Material any software, firmware, documented methodology or process, documentation or other material in whatever form, including without limitation any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions.

Operations Manual the operations manual developed by the Service Provider under clause 9 of the Deed, as amended from time to time.

Other Contributions the contributions specified in Item 5.2 of the Project Particulars.

Participant an Australian citizen or permanent resident between the age of 17 - 24 years of age who is engaged to participate in a Team to work on a Project.

Participant Agreement

an agreement between the Service Provider and a Participant in relation to the Programme and the undertaking of a specific Project, and which must comply with the requirements of the Deed.

Personal Information information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Personnel in relation to a party, any natural person who is an employee, officer, agent or professional adviser of that party or of a subcontractor of that party, and excluding Participants in the case of the Service Provider.

Privacy Act the Privacy Act 1988 (Cth).

Programme the Green Army Programme referred to in the Recitals.

Project the project described in the Project Particulars.

Project Event any promotional event conducted by a party relating to the Project, including celebration of support under the Programme, all openings, ceremonies or other public events which are related to the Project.

Project Outcomes the project outcomes described in Item 1.3 of the Project Particulars.


Project Particulars Schedule 2.

Project Period the period specified in Item 2 of the Project Particulars.

Project Specific Item an item to be purchased by the Service Provider as specified in the Agreement for Services.

Project Sponsor the party specified in Item 3 of the Agreement Details and includes its Personnel.

Project Sponsor Contributions

all contributions made by the Project Sponsor, including in-kind and monetary contributions, as specified in Item 5.1 of the Project Particulars.

Project Sponsor Representative

the person identified in Item 4 of the Agreement Details, or such other person as is notified by the Project Sponsor from time to time.

Schedule a schedule to this Agreement.

Service Provider the party specified in Item 1 of the Agreement Details and includes its Personnel.

Service Provider Representative

the person identified in Item 2 of the Agreement Details, or such other person as is notified by the Service Provider from time to time.

Site the site(s) where the Project will be undertaken and that is identified in Item 5 of the Agreement Details.

Team a team is comprised of one Team Supervisor and up to nine Participants, as varied in accordance with the Deed, and which is constituted for the purposes of undertaking the Project.

Team Supervisor a person employed by the Service Provider to:

(a) manage a Team in undertaking activities for the purposes of delivering a Project;

(b) supervise Participants in the undertaking of a Project; and

(c) train Participants in accordance with applicable individual training plans (as set out in relevant Participant Agreements).

Traditional Owner(s) in relation to land, a local descent group of Aboriginal people who have common spiritual affiliations to an area of land (which affiliations place the group under a primary spiritual responsibility for the site) and who are entitled by Aboriginal Tradition to forage over the land.

Work Plan the plan detailing how the parties will conduct and complete the Project as amended from time to time in accordance with clause 4.5(d) of this Agreement.


1.2 InterpretationIn this Agreement, except where the contrary intention is expressed:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) the meaning of general words is not limited by specific examples introduced by ‘for example’ or similar expressions;

(d) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, this Agreement;

(e) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(f) a reference to AUD, A$, $A, dollar or $ is to Australian currency;

(g) a reference to time is to the time in the place where the obligation is to be performed;

(h) a reference to a party is to a party to this Agreement, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assignees and substitutes;

(i) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(j) if a party is a trustee, the party enters this Agreement personally and in its capacity as trustee and:

(i) any warranties given under this Agreement are given in both capacities; and

(ii) warrants that it has the power to perform its obligations under this Agreement;

(k) a reference to a statute, ordinance, code or other Law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(l) any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

(m) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

(n) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and


(o) to the extent that the parties have not completed any Item in a Schedule that Item will be taken to be 'not applicable' for the purpose of this Agreement, unless otherwise stated.

1.3 Priority of Agreement documentsIf there is inconsistency between any of the documents forming part of this Agreement, those documents will be interpreted in the following order of priority to the extent of any inconsistency:

(a) Part A of this Agreement;

(b) Part B of this Agreement;

(c) the Agreement Details;

(d) the Project Particulars; and

(e) documents incorporated by reference in this Agreement, in the following order of priority:

(i) Project-specific work health and safety plan;

(ii) risk management plan; and

(iii) Work Plan.

2. Agreement PeriodThis Agreement commences on the Commencement Date and, unless terminated earlier, expires on the Completion Date.

3. Warranties and representations3.1 Warranties and representations of both parties

Each party to this Agreement represents and warrants to the other that:

(a) it has full power and authority to enter into, perform and observe its obligations under this Agreement;

(b) the execution, delivery and performance of this Agreement has been duly and validly authorised by the relevant party;

(c) as at the Commencement Date no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or are threatened which could have an adverse effect on the party’s ability to perform its obligations under this Agreement;

(d) it is not affected by an Insolvency Event; and

(e) this Agreement constitutes legal, valid and binding obligations on it, enforceable against it in accordance with the terms of this Agreement.

3.2 Project Sponsor warranties and representations (a) The Project Sponsor represents and warrants to the Service Provider that it

has, will have, or will confirm that any property owners and property managers have, or will have, before the commencement of Project activities:


(i) all rights, title, licences, interests, property and regulatory approvals necessary for the lawful undertaking of the Project (including by the Service Provider); and

(ii) the agreement or consent, where required by Law, of the relevant native title holder or claimants and the Traditional Owners recognised under land rights legislation.

(b) The Project Sponsor represents and warrants to the Service Provider that it has, or will have, before the Project commences:

(i) any and all required consents for the undertaking of the Project, including of any and all property owners and property managers of properties that will be accessed or otherwise in any way affected by the Project;

(ii) the consent of any and all organisations that it will partner with or represent on the Project, including Traditional Owners (if relevant);

(iii) adequate funds and resources including through Other Contributions to support delivery of the Project in accordance with this Agreement; and

(iv) provided, and will otherwise make available as appropriate, all equipment, materials, items, plants, and tools reasonably needed for the undertaking of the relevant Project, other than that equipment stated as being the responsibility of the Service Provider under the Deed or in the Agreement for Services as specified in Item 4 of the Project Particulars.

(c) The Project Sponsor further warrants that:

(i) neither it, nor any of its Personnel, have been convicted of a fraud-related offence in the last five years;

(ii) it, and all of its Personnel, consent to undertake appropriate criminal records checks and any other appropriate checks where clause 8 applies; and

(iii) any equipment provided for use in the Project is in good working order and meets all relevant and necessary safety, performance and servicing standards.

4. Conduct of the Project4.1 Cooperative conduct

The parties agree to work cooperatively on the Project, including in relation to:

(a) the development of the Work Plan;

(b) the development of a Project-specific work health and safety plan and risk management plan for the Project;

(c) the day-to-day conduct of the Project; and

(d) the creation and facilitation of local community support for, and engagement in, the Project.

4.2 Responsibilities of the partiesThe parties agree to each perform the Project:

(a) in a manner that prioritises and enforces work health and safety requirements;


(b) within the Project Period;

(c) in accordance with the Work Plan;

(d) in accordance with all applicable Laws;

(e) so as to deliver the Project Outcomes and meet all reporting requirements, in accordance with the requirements of this Agreement;

(f) in accordance with directions from the Commonwealth as issued from time to time (if any); and

(g) otherwise in accordance with the provisions of this Agreement, the Agreement for Services and the Deed.

4.3 Service Provider’s obligations The Service Provider must:

(a) ensure that it undertakes its activities in relation to the Project in accordance with the Agreement for Services;

(b) develop a work health and safety plan for the Project and risk management plan for the Project in accordance with clause 4.6 and the Agreement for Services;

(c) provide a Team Supervisor for the Project and ensure that each Team Supervisor carries out the responsibilities set out at clause 4.7 and in accordance with the Agreement for Services;

(d) provide training to Participants in accordance with Item 3.1 of the Project Particulars and in accordance with the Deed;

(e) provide all support items in accordance with the Deed and the Agreement for Services as specified in Item 4 of the Project Particulars, including personal protective equipment, emergency items, other clothing and general equipment;

(f) transport the Participants to the Project Site in accordance with the Deed and the Agreement for Services;

(g) notify the Project Sponsor of those parts of the Operations Manual which the Project Sponsor must comply with; and

(h) otherwise deliver the Project in accordance with this Agreement, the Agreement for Services and the Deed.

4.4 Project Sponsor’s obligationsThe Project Sponsor must:

(a) provide written confirmation to the Service Provider prior to the commencement of the Project that all planning approvals, licences, consents, permits and regulatory approvals of any type needed for the lawful undertaking of the Project activities have been obtained;

(b) contribute to the Work Plan in accordance with clause 4.5;

(c) contribute to the development of the Project-specific work health and safety plan and the risk management plan for the Project in accordance with clause 4.6;


(d) provide the Project Sponsor Contributions, including arranging for the provision of expert advice to the Service Provider where specified in the Agreement for Services, and the Other Contributions, in accordance with clause 6;

(e) ensure that any equipment provided as part of the Project Sponsor Contributions is new and in good working order and meets all relevant and necessary safety, performance and servicing standards;

(f) keep and provide records and the end-of-Project survey in accordance with clause 9;

(g) be responsible for all Project costs, other than:

(i) the labour costs of the Participants and Service Provider; and

(ii) those other costs which are the responsibility of the Service Provider under the Deed and Agreement for Services as specified in Item 4 of the Project Particulars;

(h) provide all equipment, materials, items, plants, and tools reasonably needed for the undertaking of the relevant Project, other than that equipment stated as being the responsibility of the Service Provider under Item 4 of the Project Particulars;

(i) use all reasonable endeavours to create and facilitate local community support for, and engagement in, the Project;

(j) comply with the Operations Manual, in so far as it is applicable to the Project Sponsor; and

(k) facilitate safe and secure access to the Site of the Project for the Team for the duration of the Project.

4.5 Work Plan(a) Within 10 Business Days of the Commencement Date, and prior to the

undertaking of any Project activities, the parties must agree on a Work Plan in accordance with this clause 4.5.

(b) Once agreed by both parties, the Work Plan becomes the final Work Plan (subject to any agreed changes in accordance with clause 4.5(d)).

(c) The final Work Plan will form part of this Agreement and the parties must perform the Project in accordance with, and otherwise comply with, the final Work Plan.

(d) No alteration to the Work Plan will be effective unless and until the change to the Work Plan is agreed by both parties.

(e) The Work Plan must:

(i) detail the activities, linked to Project Outcomes, to be undertaken at each stage of the Project and timeframes;

(ii) detail, and provide documents (including satellite images, fixed-point photographs, maps, etc.) clearly identifying the Site, as relevant;

(iii) specify the times and the manner in which the parties will have progress meetings to discuss any issues in relation to this Agreement;

(iv) be consistent with this Agreement, the Agreement for Services, the Deed and the Guidelines.


4.6 Project-specific work health and safety plan and risk management plan(a) Within 10 Business Days of the Commencement Date, and prior to the

undertaking of any Project activities, the Service Provider must:

(i) prepare a work health and safety plan;

(ii) prepare a risk management plan,

for the Project which is consistent with this Agreement, the Agreement for Services, the Deed (including the Operations Manual) and the Guidelines and provide a draft of each plan to the Project Sponsor for comment.

(b) Without limitation, the work health and safety plan must:

(i) detail the procedures that the Service Provider will take in order to manage any work health and safety risks and incidents that may arise during the undertaking of the Project;

(ii) detail the roles and responsibilities of the Service Provider, Team Supervisors, other Personnel of the Service Provider, and the Project Sponsor (as applicable) in relation to work health and safety; and

(iii) comply with all relevant work health and safety standards, policies and Laws as applicable to the Project.

(c) Without limitation, the risk management plan must:

(i) identify and address specific and general risks in relation to the undertaking of the Project, including any risks specified in the Agreement for Services;

(ii) detail the procedures that the Service Provider will take in order to manage any risks, failures and contingencies that may arise during the undertaking of the Project;

(iii) detail the roles and responsibilities of the Service Provider, Team Supervisors, other Personnel of the Service Provider, and the Project Sponsor (as applicable) in relation to risk management; and

(iv) comply with all relevant risk management standards, practices and policies as applicable to the Project.

(d) Within 10 Business Days of receipt of the draft plans provided under clause 4.6(a), the Project Sponsor must provide detailed comments on the Service Provider’s draft work health and safety plan and draft risk management plan for the Project.

(e) The Project Sponsor must consult, or provide contact information so as to allow the Service Provider to consult, with any other stakeholders who have shared responsibility for the work health and safety of the Team or for risk management of the Project or the Site (such as land managers), on the development of the work health and safety plan and risk management plan for the Project.

(f) The Service Provider must consider all input from the Project Sponsor and any other stakeholders consulted in accordance with clause 4.6(e) and finalise the Project-specific work health and safety plan and risk management plan for the Project.

(g) Once finalised under clause 4.6(f), the plans will form part of this Agreement and the parties must perform the Project in accordance with the final Project-specific work health and safety plan and risk management plan for the Project.


(h) The Service Provider must, in consultation with the Project Sponsor and stakeholders (as applicable), promptly update and modify the Project-specific work health and safety plan and risk management plan for the Project from time to time so as to address any new risks, changes in circumstances or changes in applicable Laws and standards.

(i) The Service Provider must provide the Project-specific work health and safety plan and risk management plan for the Project to the Commonwealth for review by the Commonwealth or a representative, if requested by the Commonwealth.

(j) Project activities must not commence unless and until:

(i) the Project-specific work health and safety plan and risk management plan for the Project are finalised; and

(ii) if a review of the plans is being undertaken under clause 4.6(i), until that review is completed.

4.7 Supervisors’ responsibilitiesEach Team Supervisor is responsible for the following:

(a) supervise Participants in the undertaking of a Project at a ratio of not less than one Team supervisor to nine Participants unless otherwise agreed by the Department, and in accordance with this Agreement and the Deed;

(b) manage their Team in undertaking activities for the purposes of delivering the Project, in accordance with this Agreement and the Deed;

(c) undertake, supervise and provide training to Participants in accordance with applicable individual training plans (as set out in relevant Participant Agreements) but only for activities for which the Team Supervisor is adequately qualified to do;

(d) operate the vehicle which is used to transport Participants to training and the Project Site as detailed in the Deed;

(e) identify where Participants do not have the adequate skills or the ability to perform Project activities (including where the Participant is under the influence of alcohol or illegal drugs) and, if so:

(i) ensure that those activities are not undertaken by the Participant until the Participant has obtained adequate skills and is able to perform activities in accordance with this Agreement and the Deed; and

(ii) provide an appropriate level of supervision and assistance in delivering those activities;

(f) ensure that Participants comply with the directions of the Team Supervisor, the Service Provider and the Commonwealth, where applicable, rather than the Project Sponsor; and

(g) any additional responsibilities set out at Item 3.2 of the Project Particulars.

4.8 Management of Conflicts of Interest(a) Each party warrants, to the best of its knowledge after making diligent inquiry,

as at the Commencement Date, that no Conflict of Interest exists or is likely to arise in the performance of its obligations under this Agreement.

(b) If during the Agreement Period, a Conflict of Interest arises in relation to a party (Conflicted Party), or appears likely to arise, the Conflicted Party must:


(i) immediately notify the other party in writing of the Conflict of Interest making a full disclosure of all relevant information relating to the Conflict of Interest and setting out the steps the Conflicted Party proposes to take to resolve or otherwise deal with the Conflict of Interest; and

(ii) take such steps as the other party may reasonably require to resolve or otherwise deal with that Conflict of Interest.

4.9 Appointment of subcontractorsNotwithstanding any subcontracts that the parties may enter into for purposes related to this Agreement, each party is responsible for the performance of its responsibilities under this Agreement.

4.10 Partnership or incorporated associationWhere the Project Sponsor is a partnership or incorporated association:

(a) any agreement, representation, warranty or indemnity under this Agreement binds the partners or members (as applicable) jointly and severally; and

(b) the Project Sponsor must not take any step to dissolve that partnership or incorporated association for the duration of this Agreement.

5. Provision of services by the Service Provider5.1 The Team

(a) The Service Provider will deploy a Team for the purposes of the Project in accordance with the relevant Agreement for Services.

(b) Participants deployed under this Agreement must only be used for the purposes of carrying out the Project and performing this Agreement.

5.2 General equipmentThe Service Provider must provide the general equipment specified at Item 4.1 of the Project Particulars.

5.3 Project Specific ItemsThe Service Provider must make the Project Specific Items available, as detailed in the Agreement for Services and at Item 4.2 of the Project Particulars, for the purposes of undertaking the Project only.

5.4 No liability for Service ProviderThe Service Provider accepts no liability for any debts incurred by the Project Sponsor, any monies owing by the Project Sponsor to its Personnel, any cost overruns or there being insufficient monies to complete the Project.

6. Contributions6.1 Project Sponsor Contributions and Other Contributions

(a) The Project Sponsor must:

(i) provide the Project Sponsor Contributions as specified in Item 5.1 of the Project Particulars and otherwise in accordance with the Work Plan; and

(ii) if requested by the Service Provider, the Project Sponsor must provide the Service Provider with written evidence that the persons specified in Item 5.2 of the Project Particulars will provide the Other Contributions, including the amounts to be provided, the due dates for each of these


amounts and the terms and conditions of the provision of the Other Contributions.

(b) The basis on which the Other Contributions are to be provided must be satisfactory to the Service Provider.

(c) The Project Sponsor must ensure that the terms on which any Other Contributions are provided to the Project Sponsor for, or in connection with, the Project are not inconsistent with the terms of this Agreement and the Agreement for Services and do not in any way limit or affect the Project Sponsor’s ability to comply strictly with its obligations, or the Service Provider’s ability to exercise its rights, under this Agreement.

(d) The Project Sponsor must promptly notify the Service Provider if the total amount of the Project Sponsor’s Contributions or Other Contributions reduces, or if such a reduction is anticipated.

(e) If:

(i) the Service Provider receives notice under clause 6.1(d);

(ii) the Project Sponsor does not provide the Project Sponsor’s Contributions or provide them in time to enable completion of the Project; or

(iii) the Project Sponsor is not able to obtain the Other Contributions or obtain them in time to enable completion of the Project,

the Service Provider must notify the Commonwealth as soon as practicable or where the Service Provider has received a notice under clause 6.1(d), within 2 Business Days from receipt of the notice.

7. Work, health and safety 7.1 Definitions

In this clause 7:

(a) corresponding WHS law has the meaning given in section 4 of the WHS Act;

(b) Regulator means an authority referred to in a WHS Law as the relevant authority for occupational health and safety complaints, queries or investigations;

(c) WHS Act means the Work Health and Safety Act 2011 (Cth);

(d) WHS Law means the WHS Act and any corresponding WHS law;

(e) WHS entry permit holder has the meaning given in the WHS Act; and

(f) WHS Regulations means the regulations made under the WHS Act.

7.2 Division of work health and safety responsibilities between the parties(a) The Project Sponsor is responsible for providing safe and secure access to

the Site, including where it makes arrangements with a third party in order to provide this.

(b) The Service Provider is responsible for managing the work health and safety of Participants.

7.3 Compliance with laws and policies(a) Each party must, in carrying out its obligations under this Agreement, comply,

and use reasonable endeavours to ensure that its subcontractors comply, with


the provisions of all Laws and requirements of any Commonwealth, State, Territory or local authority including those arising under a WHS Law in respect of work health and safety.

(b) The Project Sponsor must, in carrying out its obligations under this Agreement, comply, and use reasonable endeavours to ensure that its subcontractors comply, with any of the Service Provider’s work health and safety policies as notified, referred to, or made available, by the Service Provider to the Project Sponsor in writing.

7.4 Notifiable incidents and contraventions(a) If the Project Sponsor is required by a WHS Law to report to a Regulator an

incident arising out of the Project:

(i) at the same time, or as soon as is possible in the circumstances, the Project Sponsor must give notice of such incident, and a copy of any written notice provided to a Regulator, to the Service Provider and to the Commonwealth; and

(ii) the Project Sponsor must provide to the Service Provider and to the Commonwealth, within such time as is specified by the Service Provider or the Commonwealth, a report detailing the circumstances of the incident, the results of investigations into its cause, and any recommendations or strategies for prevention in the future.

(b) The Project Sponsor must inform the Service Provider and the Commonwealth of the full details of:

(i) any suspected contravention of a WHS Law relating to the Project, within 24 hours of becoming aware of any such suspected contravention;

(ii) any cessation or direction to cease work relating to the Project, due to unsafe work, immediately upon the party being informed of any such cessation or direction;

(iii) any workplace entry by a WHS entry permit holder, or an inspector, to any place where the Project is being performed or undertaken, within 24 hours of becoming aware of any such workplace entry; and

(iv) any proceedings against the party or its officers, or any decision or request by the Regulator given to the party or its Personnel, under a WHS Law, within 24 hours of becoming aware of any such proceedings, decision or request.

8. Working with vulnerable persons8.1 Application of this clause

This clause 8 applies if the Project, or any part of the Project, involves working with or contact with Vulnerable Persons.

8.2 DefinitionsIn this clause 8:

(a) Child means an individual under the age of 18;

(b) Criminal or Court Record means any record of any Other Offence;


(c) Other Offence means a conviction, finding of guilt, on-the-spot fine, or other court order relating to:

(i) an apprehended violence or protection order made against the person;

(ii) one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property;

(iii) a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance;

(iv) a crime or offence involving violence against or injury to a person (other than a crime or offence involving the death of person); or

(v) a minor crime or offence involving dishonesty other than those crimes and offences referred to in paragraph Error: Reference source not found of this definition;

(d) Person means each of the party’s officers, employees, contractors and volunteers;

(e) Police Check means a formal inquiry made to the relevant police authority in each Australian State or Territory where the party knows the person has resided, designed to obtain details of a person’s criminal conviction or a finding of guilt in all places (within and outside Australia);

(f) Serious Record means a conviction or any finding of guilt for a Serious Offence;

(g) Serious Offence means:

(i) a crime or offence involving the death of a person;

(ii) a sex-related offence or a crime, including sexual assault (whether against an adult or Child), Child pornography, or any indecent act involving a Child;

(iii) a crime or offence involving dishonesty that is not minor; or

(iv) fraud, money laundering, insider dealing or any other financial offence or crime, including those under legislation relating to companies, banking, insurance or other financial services;

(h) Vulnerable Person means:

(v) a Child; or

(vi) an individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason; and

(i) Working with Children Check means a formal assessment of criminal history, conducted in accordance with relevant Law in relation to working with Children, and valid in the State or Territory in which the Project Site is located.

8.3 Project Sponsor to conduct Police Check(a) Subject to clause 8.3(b), the Project Sponsor must, before engaging or

deploying any person (whether as an officer, employee, contractor, or volunteer) in relation to any part of the Project:


(i) conduct a Police Check for that person;

(ii) confirm that no Commonwealth, State or Territory Law prohibits that person from being engaged in a capacity where they may have contact with Vulnerable Persons; and

(iii) comply with all other legal requirements of the place where the Project, or part of the Project, is being conducted in relation to engaging or deploying persons in a capacity where they may have contact with Vulnerable Persons.

(b) Unless otherwise directed by the Service Provider, the Project Sponsor is not required to conduct a police check in accordance with clause 8.3(a) where:

(i) the person:

(A) is a volunteer;

(B) will be involved in the Project for five days or less;

(C) does not have any direct supervisory responsibilities for other persons involved in the Project; and

(D) will only be present at the Site at the same time as the Team Supervisor; or

(ii) the person has a current Working with Children Check.

8.4 Parties to conduct risk assessment(a) If a Police Check or Working with Children Check indicates that a person has

a Serious Record, or a Criminal or Court Record, the Project Sponsor must not engage, deploy or redeploy the person until the Project Sponsor has conducted and documented a risk assessment of that person.

(b) The Project Sponsor must, within 24 hours of becoming aware of a person being charged or convicted of any Serious Offence or Other Offence, conduct and document a risk assessment in accordance with clause Error: Reference source not found to determine whether to allow that person to continue performing the Project, or any part of the Project.

(c) The Project Sponsor must document the actions it will take as a result of conducting the risk assessment.

(d) The Project Sponsor is responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a person with a Serious Record, or a Criminal or Court Record, to work on the Project, or any part of the Project.

8.5 Requirements regarding conduct of risk assessmentIn undertaking a risk assessment under clause Error: Reference source not found, the Project Sponsor must take into account the following factors:

(a) whether the person’s Serious Record, Criminal or Court Record is directly relevant to the role the person will or is likely to perform in relation to the Project, or any part of the Project;


(b) the length of time that has passed since the person’s conviction and the person’s record since that time;

(c) the nature of the offence pertaining to the Serious Record or Criminal or Court Record and the circumstances in which it occurred;

(d) whether the offence involved Vulnerable Persons;

(e) the nature of the Project and the circumstances in which the person will or is likely to have contact with Vulnerable Persons;

(f) the particular role the person is proposing to undertake or is currently undertaking in relation to the Project and whether the fact the person has a Serious Record or Criminal or Court Record, is reasonably likely to impair the person’s ability to perform or continue to perform the inherent requirements of that role; and

(g) the person’s suitability based on their merit, experience and references, to perform the role they are proposed to undertake or are currently undertaking in relation to the Project or any part of the Project.

8.6 Parties’ obligations about the engagement and deployment of certain personsAfter taking into account the factors set out in clause Error: Reference source not found, the parties must determine whether it is reasonably necessary to:

(a) engage, deploy or redeploy the person in relation to the Project or any part of the Project;

(b) remove the person from working in any position or acting in any capacity in relation to the Project or any part of the Project which involves working or having contact with Vulnerable Persons;

(c) make particular arrangements or impose conditions under which the person’s role in relation to the Project or any part of the Project and, where relevant, contact with Vulnerable Persons is to occur; or

(d) take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Project relates.

8.7 SubcontractorsThe Project Sponsor must ensure that any subcontract entered into by it in relation to the Project places the same obligations on the subcontractor as this clause 8 places on the Project Sponsor.

9. Records and survey9.1 Project Sponsor must keep records

The Project Sponsor must keep comprehensive written records of any Project Sponsor Contributions and Other Contributions.

9.2 Provision of records The Project Sponsor must:

(a) deliver information and other Material produced under or in connection with this Agreement (substantially in the form of the template specified by the


Service Provider if any) and otherwise as reasonably required by the Service Provider from time to time to ensure delivery of the Project; and

(b) provide all information and other Material to the Service Provider in accordance with the timeframes specified in this Agreement and otherwise promptly upon demand.

9.3 SurveyWithout limiting the Project Sponsor’s other obligations under this Agreement, the Project Sponsor must provide to the Service Provider the completed end-of-Project survey in the form of the template provided by the Service Provider within 10 Business Days from the end of the Project Period.

10. Audit and access 10.1 Right to conduct audits

(a) The Commonwealth or a representative may conduct audits relevant to the performance of the parties’ obligations under this Agreement.

(b) The parties acknowledge and agree that the Commonwealth and any persons nominated by the Commonwealth may, at reasonable times and on giving reasonable notice to the relevant party:

(i) access and inspect the party’s premises and the Project Site, any assets, wherever they may be located, to the extent relevant to the performance of this Agreement; and

(ii) require the relevant party (including its Personnel) to provide records, documents and information relevant to the performance of this Agreement in a data format and storage medium accessible by the Commonwealth.

(c) The relevant party must provide the Commonwealth with any reasonable assistance requested by the Commonwealth in relation to the exercise of its rights under this clause 10, and any inquiry into or concerning the Project or this Agreement including any administrative or statutory review, audit or investigation (whether within or external to the Commonwealth), any request for information directed to the Commonwealth, any judicial or quasi-judicial inquiry, and any inquiry conducted by Parliament or any Parliamentary committee.

10.2 General (a) Each of the Service Provider, Project Sponsor and the Commonwealth must

bear its own costs of any inspections, reviews, audits and enquiries conducted pursuant to this clause 10.

(b) The parties to this Agreement must ensure that any subcontract entered into for the purpose of this Agreement contains an equivalent clause granting the rights specified in this clause 10.

(c) This clause 10 applies for the duration of the Agreement Period and for a period of seven years from the termination or expiry of this Agreement.


11. Promotion and publicity 11.1 Media protocols

(a) The parties may discuss their approved Projects with interested media parties and must inform the Department of the Environment’s media team in accordance with Item 6 of the Project Particulars after conducting a media interview.

(b) Media enquiries that relate in any way to the Australian Government’s role or the administration of the Programme must be directed to Department of the Environment’s media team in accordance with Item 6 of the Project Particulars.

(c) The parties may promote the Programme on social media platforms. The Commonwealth may provide a list of its own social media links and hashtags as part of the Acknowledgement Guidelines that can be cross referenced.

11.2 Acknowledgement GuidelinesThe Project Sponsor must acknowledge, in the required form as set out in the Acknowledgement Guidelines, the support it has received from the Commonwealth in all publications, promotional and advertising materials, signs or plaques displayed at the location where the Project is undertaken, at any Project Event and otherwise at the times and in the manner as the Commonwealth requires from time to time.

11.3 AnnouncementsEach party must, at least 2 Business Days before making a public announcement in connection with this Agreement or any transaction contemplated by it except if the announcement is required by Law or a regulatory body, notify the other party and the Commonwealth and provide a copy of the announcement to the other party and the Commonwealth.

11.4 Announcements by the CommonwealthThe parties agree that:

(a) the Commonwealth may make public details of the Project, the Programme and the role and contribution of Participants; and

(b) the Commonwealth is not required to notify or obtain the approval of the parties prior to any announcement.

12. Confidential Information12.1 Confidential Information not to be disclosed

(a) Subject to clause 12.2, a party must not, without the prior written consent of the other party, disclose any Confidential Information of the other party to a third party.

(b) In giving written consent to the disclosure of Confidential Information, each party may impose such conditions as it thinks fit, and the other party must comply with these conditions.

12.2 Exceptions to obligationsThe obligations on the parties under this clause 12 will not be taken to have been breached to the extent that Confidential Information is:

(a) disclosed by a party to its financial or legal advisers (including their officers and employees), employees or internal management Personnel solely in


order to comply with obligations, or to exercise rights, under this Agreement, or to enable effective management or auditing of Agreement related activities;

(b) to the extent that a party is a government agency or organisation, disclosed by that party to its responsible Minister or in response to a request by a House or a Committee of its Parliament;

(c) authorised or required by Law, including under this Agreement, under a licence or otherwise, to be disclosed;

(d) disclosed to the Commonwealth, as requested by the Commonwealth from time to time;

(e) required under the Deed or the Agreement for Services; or

(f) in the public domain otherwise than due to a breach of this clause 12.

12.3 Obligations on disclosureWhere a party discloses Confidential Information to another person pursuant to:

(a) clauses 12.2(a) or (b), the disclosing party must notify the receiving person that the information is Confidential Information and not provide the information unless the receiving person agrees to keep the information confidential; or

(b) clauses 12.2(b), (c) and (d), the disclosing party must notify the receiving party that the information is Confidential Information.

12.4 No reduction in privacy obligationsNothing in this clause 12 derogates from any obligation which either party may have either under the Privacy Act as amended from time to time, or under this Agreement, in relation to the protection of Personal Information.

13. Personal Information13.1 When does this clause apply?

This clause 13 applies only where the Project Sponsor deals with Personal Information when, and for the purpose of, conducting the Project.

13.2 Obtaining Personal Information The Project Sponsor must obtain written consent when obtaining Personal Information to allow the Personal Information to be disclosed to the Commonwealth upon request.

13.3 ObligationsThe Project Sponsor must:

(a) if it obtains Personal Information while conducting the Project or otherwise performing its obligations under this Agreement, use or disclose that Personal Information only for the purposes of this Agreement;

(b) not do any act or engage in any practice that would breach an Australian Privacy Principle under the Privacy Act; and

(c) immediately notify the Service Provider if the Project Sponsor becomes aware of a breach or possible breach of any of its obligations under this clause 13.

13.4 Subcontractors


The Project Sponsor must ensure that any subcontract entered into by it in relation to this Agreement places the same obligations about Personal Information on the subcontractor as this clause 13 places on the Project Sponsor.

14. Proportionate liabilityThe provisions of Part 7A of the Civil Law (Wrongs) Act 2002 (ACT) (and its equivalents in other states and territories) apply to a claim in any way connected with the Project or this Agreement, whether arising in contract, tort (including negligence), bailment or otherwise.

15. Insurance15.1 Obligation to take out and maintain insurance

(a) Subject to clause 15.1(b), the Project Sponsor must take out or have taken out for the period specified in clause 15.1(b) or clause 15.1(d) (as the case may be) as at the Commencement Date:

(i) workers’ compensation insurance to the extent required by Law;

(ii) general and products liability insurance; and

(iii) professional indemnity or errors and omissions insurance,

as specified in Item 8 of the Agreement Details.

(b) Where the property owners or property managers have or will take out general and products liability insurance in respect of the Site, the Project Sponsor must ensure that:

(i) the insurance complies with the requirements of this clause 15; and

(ii) the Project Sponsor is able to obtain copies of the current insurance policies and certificates of currency.

(c) If the Project Sponsor takes out a ‘claims made’ policy, which requires all claims and any fact situation or circumstance that might result in a claim to be notified within the period of insurance, the Project Sponsor must maintain the policy (or a policy in like terms) during the Agreement Period and for a period of seven years on and from the expiry or the early termination of this Agreement.

(d) If the Project Sponsor takes out an ‘occurrence’ policy, which requires the circumstances to which a claim relates to occur during the period of insurance whilst the notification of event can occur at any time subsequently, the Project Sponsor must maintain the policy during the Agreement Period.

(e) The Project Sponsor must ensure that any subcontract entered into by the Project Sponsor in relation to this Agreement places on the subcontractor, in respect of the subcontractor’s activities, the same or similar obligations about insurances, as this clause 15 places on the Project Sponsor.

15.2 Copies of insuranceThe Project Sponsor must, on request, promptly provide to the Service Provider any relevant insurance policies and certificates of currency for inspection.


16. Suspension or termination16.1 Suspension or termination of Deed

(a) The parties acknowledge that this Agreement is automatically terminated as and when:

(i) the Deed or Agreement for Services is terminated;

(ii) any contractual agreement between the Service Provider and the Commonwealth in relation to the Project is terminated; or

(iii) the Commonwealth makes a written direction requiring that this Agreement be terminated.

(b) The parties acknowledge that this Agreement is automatically suspended as and when:

(i) the Deed or Agreement for Services is suspended; or

(ii) any contractual agreement between the Service Provider and the Commonwealth in relation to the Project is suspended.

16.2 Termination for default(a) Without limiting any other rights or remedies a party may have against the

other party arising out of or in connection with this Agreement, a party may terminate this Agreement effective immediately by giving notice to the other party (the defaulting party) if:

(i) the defaulting party breaches a material provision of this Agreement where that breach is not capable of remedy;

(ii) the defaulting party breaches any provision of this Agreement and fails to remedy the breach within 14 days after receiving notice requiring it to do so;

(iii) the defaulting party fails, or is failing to, deliver a Project in accordance with the terms of this Agreement;

(iv) in the opinion of the party, a Conflict of Interest exists which would prevent the defaulting party from performing its obligations under this Agreement; or

(v) an event specified in clause 16.2(c) happens to the defaulting party.

(b) Without limitation, for the purposes of clause 16.2(a), each of the following constitutes a breach of a material provision (as applicable):

(i) breach of warranty under clause 3 (Warranties and representations)

(ii) a failure to comply with clauses 4 (Conduct of the Project);

(iii) a failure to notify the other party of a Conflict of Interest under clause 4.8 (Conflict of Interest);

(iv) a failure to comply with clause 5 (Provision of services by the Service Provider);

(v) a failure to comply with clause 6 (Contributions), including a failure to provide either in-kind or monetary contributions;

(vi) a failure to comply with clause 7 (Work, health and safety);

(vii) a failure to comply with clause 10 (Audit and Access);

(viii) a failure to comply with clause 12 (Confidential Information);


(ix) a failure to comply with clause 13 (Personal Information); or

(x) a failure to comply with clause 15 (Insurance).

(c) A party must notify the other party immediately if:

(i) the party being a corporation, there is any change in the direct or indirect beneficial ownership or control of the party;

(ii) the party disposes of the whole or any part of its assets, operations or business other than in the ordinary course of business;

(iii) the party ceases to carry on business;

(iv) an Insolvency Event occurs in relation to the party; and

(v) where the party is a partnership, any step is taken to dissolve that partnership.

16.3 After terminationOn termination of this Agreement:

(a) the parties must immediately stop work on the Project; and

(b) the Project Sponsor must deal with the Service Provider's Confidential Information as reasonably directed by the Service Provider.

16.4 Termination does not affect accrued rightsTermination of this Agreement does not affect any accrued rights or remedies of a party.

17. Enforcement Without limiting any other rights or remedies that the Commonwealth or the Service Provider may have arising out of or in connection with this Agreement or the Deed, the parties agree that:

(a) clauses 7.4 (Notifiable Incidents), 10 (Audit and access), 11 (Promotion and publicity), 12.2 (Exceptions to obligations) and 16 (Suspension or Termination), are held on trust by the Service Provider for the Commonwealth; and

(b) the Service Provide may enforce those rights in the name of and for the benefit of the Commonwealth, as directed by the Commonwealth under the Deed.

18. Notices and other communications18.1 Service of notices

A party giving notice or notifying under this Agreement must do so in English and in writing or by email:

(a) directed to the other party’s contact person at the other party’s address, and to the Commonwealth's contact person at the Commonwealth's address as applicable, (as set out in the Agreement Details and as varied by any notice); and

(b) hand delivered or sent by prepaid post or email to that address.


18.2 Effective on receiptA notice given in accordance with clause 18.1 takes effect when it is taken to be received (or at a later time specified in it), and is taken to be received:

(a) if hand delivered, on delivery;

(b) if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia); or

(c) if sent by email, at the time when the email becomes capable of being retrieved by the addressee,

but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the notice is taken to be received at 9.00am on the next Business Day.

19. General provisions19.1 Survival of provisions

(a) Termination or expiry of this Agreement for any reason does not extinguish or otherwise affect any rights of either party against the other which accrued prior to the time of termination or expiry or otherwise relate to or may arise at any future time from any breach of non-observance of obligations under this Agreement which arose prior to the time of termination or expiry.

(b) The following clauses survive the expiry or termination of this Agreement:

(i) clause 1 (Definitions and interpretation);

(ii) clause 5 (Provision of services by the Service Provider);

(iii) clause 9 (Records and survey);

(iv) clause 10 (Audit and access);

(v) clause 11 (Promotion and publicity);

(vi) clause 12 (Confidential Information);

(vii) clause 13 (Personal Information);

(viii) clause 14 (Proportionate liability);

(ix) clause 15 (Insurance);

(x) clause 16.3 (After termination);

(xi) clause 16.4 (Termination does not affect accrued rights);

(xii) clause 17 (Enforcement); and

(xiii) clause 19.6 (Relationship).

19.2 Varying this AgreementSubject to clause 4.5(d), this Agreement may only be varied in writing signed by each party.

19.3 Assignment and novationA party may only assign its rights or novate its rights and obligations under this Agreement with the prior written consent of the other party.


19.4 CounterpartsThis Agreement may be executed in counterparts. All executed counterparts constitute one document.

19.5 Entire agreementThis Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

19.6 Relationship(a) The parties must not represent themselves, and must ensure that their

officers, employees, agents and subcontractors do not represent themselves, as being an officer, employee, partner or agent of the other party, or as otherwise able to bind or represent the other party.

(b) This Agreement does not create a relationship of employment, agency or partnership between the parties.

19.7 Taxes, duties and government chargesEach party bears its own obligations in relation to all taxes, duties and government charges imposed or levied in Australia or overseas in connection with this Agreement.

19.8 Disclosure of informationNotwithstanding any other provision of this Agreement, the Project Sponsor consents to the Service Provider disclosing information about this Agreement, including Personal Information, to an Agency where such information is required to be reported by that Agency.

19.9 Governing law and jurisdictionThis Agreement is governed by the law of the [insert jurisdiction, e.g. “Australian Capital Territory”] and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the [insert same jurisdiction as above].


Part B – Project specific terms and conditionsParties to this agreement can insert any additional terms and conditions in this Part B. The terms and conditions in this Part B must be consistent with Part A. As stated at clause 1.3 of Part A, Part A takes priority over Part B.

If the parties do not wish to add any other clause, please insert the Project name and Project ID below and follow with the words “No Project specific terms and conditions specified.”

Project name: [insert]

Project ID: [insert]

20. Definitions In this Agreement, except where the contrary intention is expressed, the following definitions are used:

[insert additional defined terms]

[insert definition]


[insert definition]


[insert definition]

21. [Insert clause title][Insert clause]


Schedule 1 – Agreement Details

Item No. Description Clause

reference Details

1. Service Provider details

1.1 [Insert name of Service Provider]

[Insert ABN of Service Provider]

2. Service Provider Representative

1.1 Name: [insert name]

Position: [insert title]

Phone: [insert phone number ]Fax: [insert facsimile number]

Email: [insert email]

3. Project Sponsor details

1.1 [Insert name of Project Sponsor]

[Insert ABN of Project Sponsor, if available]

4. Project Sponsor Representative

1.1 Name: [insert name]

Position: [insert title]

Phone: [insert phone number ]Fax: [insert facsimile number]


5. Site details 1.1 [List the Site location and the latitude and longitude for each Project site.]

Site 1: Location: [insert]Latitude: [insert latitude]Longitude: [insert longitude]

Site 2: Location: [insert]Latitude: [insert latitude]Longitude: [insert longitude]

[Repeat as required]

6. Subcontractors 4.9 [Insert names and ABNs of any known subcontractors and include any additional conditions regarding their engagement. Otherwise insert 'Not applicable’.]

7. Confidential Information

12 Service Provider’s Confidential Information: [insert any confidential information of the Service Provider, otherwise insert ‘Not applicable’.]



reference Details

Project Sponsor’s Confidential Information: [insert any confidential information of the Project Sponsor, otherwise insert ‘Not applicable’.]

8. Insurance 15 As at the Commencement Date:

(a) to the extent required by Law, workers’ compensation insurance in respect of the Project Sponsor’s liability for any loss or claim by a person employed or otherwise engaged, or deemed to be employed or otherwise engaged, by the Project Sponsor in connection with the Project;

(b) general and products liability insurance covering legal liability (including liability assumed under contract) for loss or damage to property or injury or death to persons arising out of or in connection with carrying out the Project for an insured amount of [insert amount] per occurrence and not less than [insert amount] in aggregate; and

(c) either professional indemnity or errors and omissions insurance for an insured amount of $[insert amount] per claim and not less than $[insert amount] in aggregate.

9. Address for notices

18.1 Service Provider: Name: [insert name]

Position: [insert position]

Postal address: [insert postal address]

Physical address: [insert physical address]

Fax: [insert facsimile number]


Project Sponsor:

Name: [insert name]






Commonwealth (as set out in the Agreement for Services):



reference Details

Name: [insert name]







Schedule 2 – Project Particulars1. Project 1.1 Project name

[Insert Project name.]

1.2 Project description[Insert a description of the Project consistent with that set out in the Agreement for Services.]

1.3 Project Outcomes[Insert a description of the Project Outcomes.]

1.4 Project activities[Insert a description of the Project activities.]

2. Project PeriodThe Project Period commences on the Commencement Date and ends no later than [insert Project Period end date].

3. Service Provider’s obligations (clause 4.3)3.1 Training for Participants

The Service Provider must provide Participants with the following training:

(a) work health and safety training;

(b) [Delete if not required to be provided.]cultural awareness training;

(c) accredited first aid training;

(d) training on operation of machinery and equipment; and

(e) other Project specific training:

(i) [Insert Project specific training detail, e.g. use of Project specific equipment such as chainsaws.]

3.2 Team Supervisor’s responsibilities (a) [insert Project specific responsibilities of Team Supervisors, if none

please state ‘No additional Project-specific responsibilities’]

4. Provision of services by the Service Provider (clause 5)

4.1 General equipment

Equipment Description Number of items

Personal Protective Equipment [Insert description]

[insert number of items]


Equipment Description Number of items

Emergency items [Insert description]


Other clothing [Insert description]


Transport [Insert description]


[Insert name] [Insert description]


4.2 Project Specific Items

No. Expend by date

Project Specific Items Amount (GST inclusive)

1 [Insert date] [Insert description] [Insert amount]



TOTAL (GST inclusive) [Insert total amount]

5. Contributions (clause 6)5.1 Project Sponsor Contributions

(a) Project Sponsor Contributions must include:

(i) all Project costs, other than:

(A) the labour costs of the Participants and Service Provider; and

(B) those costs which are the responsibility of the Service Provider under this Deed or in the Agreement for Services, including those costs in relation to the acquisition and operation of any Project Specific Items as specified in Item 4 of the Project Particulars;

(ii) all equipment, materials, items, plants, and tools reasonably needed for the undertaking of the Project, other than that equipment stated as being the responsibility of the Service Provider as specified in Item 4 of the Project Particulars; and

(iii) providing advice to the Service Provider in relation to the undertaking of the relevant Project.

(b) The total amount of the Project Sponsor Contributions is $[insert amount] (exclusive of GST) and must be paid in accordance with the following table.

No. Project Sponsor Contributions Due date

1 [Identify GST exclusive amount of each financial contribution that the Project Sponsor

[Specify the date on which the Project


No. Project Sponsor Contributions Due date

is required to make to the Project] Sponsor must make each contribution]

2 [Identify the type and value of each in-kind contribution that the Project Sponsor is required to make to the Project]

TOTAL (GST exclusive) [Insert total amount (ex GST)]

(c) For the avoidance of doubt, the Project Sponsor Contributions must be consistent with the Agreement for Services.

5.2 Other ContributionsThe total amount of the Other Contributions is $[insert amount] (exclusive of GST) and must be paid in accordance with the following table.

No. Source of each Other Contribution

In-kind or monetary contribution?

Due date(s) Description of Other Contributions

1 [Insert source of each Other Contribution]

[Insert answer]

[Specify the date on which the Other Contributions must be made]

[Insert description. If the contribution is monetary, identify the GST exclusive amount]

TOTAL (GST exclusive) [Insert total (GST exclusive)]

6. Media protocols (clause 11.1) The Department of the Environment’s media team can be contacted:

(a) by phone on (02) 6275 9880; or

(b) by email at [email protected].


mailto:[email protected]

Execution page

EXECUTED as an agreement

Insert execution block for Service Provider

Insert execution block for Project Sponsor

Note: Select and complete the appropriate execution block for the contracting entities and delete the rest. Below is a selection of execution blocks that the parties may consider appropriate to use.

For an individual

SIGNED by [insert name of individual (i.e. Joe Bloggs)]

in the presence of

Signature Signature of witness

Date Name of witness (print)

Date

For a company with multiple directors

SIGNED by [insert name of company and ABN (i.e. Smith Plantings Pty Ltd ABN 12 123 123 123)] in accordance with section 127 of the Corporations Act 2001 (Cth) by

Name of Director (print) Name of Director / Company Secretary (print)

Signature of Director Signature of Director / Company Secretary

Date Date


For a company with a sole director

SIGNED by [insert name of company and ABN (i.e. Smith Plantings Pty Ltd ABN 12 123 123 123)] in accordance with section 127 of the Corporations Act 2001 (Cth) by

Name of Sole Director / Company Secretary (print)

Name of witness (print)

Signature of Sole Director / Company Secretary

Signature of witness

Date Date

For a partnership or an association of more than several (i.e. 2-3) partners / members

SIGNED for and on behalf of [insert name of partnership / association and ABN (i.e. Smith and Sons ABN 12 123 123 123)] by a duly authorised representative who warrants that they have the authority to sign this Agreement on behalf of [insert name of partnership / association (i.e. Smith and Sons)]

in the presence of:

Name of authorised representative (print) Name of witness (print)

Signature of authorised representative Signature of witness

Date Date


For a partnership of several (i.e. 2-3) individuals

SIGNED for and on behalf of [insert name of partnership and ABN (i.e. Alan J Smith and Mary J Smith ABN 12 123 123 123)] by:

[insert name of partner i.e. Alan J Smith]in the presence of



Date

[insert name of partner i.e. Mary J Smith]

in the presence of



Date


Documents

Green Army Programme Project Agreement€¦ · Web viewanother grammatical form of a defined word or expression has a corresponding meaning; ... in any way connected with the Project