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Schedule 6: Special Conditions

This Schedule of the Standard Funding Agreement specifies any additional conditions attached to the agreement.

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Contents: Schedule 6

Schedule 1

SPECIAL CONDITIONS

[Comment: Special Conditions, as the name suggests, are used when further specific detail is required on individual agreements. For most organisations the conditions here will be ones that are already being used in existing funding agreements. If they are not currently being required of organisations then it is unlikely that they will be needed for this agreement.]


Item 1: Insurances

[Comment: see also Clause 5. Organisation's Obligations (particularly 5.3(1)) in the main body of the agreement]


[EXAMPLE ONLY - ADD ADDITIONAL REQUIREMENTS IF REQUIRED OR CHANGE COVERAGE AMOUNT AS APPROPRIATE BASED ON ASSESSMENT OF RISKS ASSOCIATED WITH THIS PARTICULAR AGREEMENT. SEEK ADVICE AS REQUIRED.]

(1) The Organisation will effect and maintain public liability coverage for not less than $[INSERT COVERAGE AMOUNT eg. $10 million] in respect of each claim.

[NOTE ADDITIONAL CLAUSES MAY BE REQUIRED if under this particular agreement THE ORGANISATION IS REQUIRED OR ALLOWED TO USE OR OCCUPY TERRITORY LAND OR PREMISES AND PUBLIC LIABILITY INSURANCE COVER IS REQUIRED. THE FINANACIAL MANAGEMENT GUIDELINES (PUBLIC LIABILITY INSURANCE) DETERMINATION 2003 ("FMA DETERMINATION") may apply. if the FMA determination applies to this agreement:

AN ACTIVITY SCHEDULE MUST BE ATTACHED.

THE ORGANISATION CANNOT BE PERMITTED TO USE OR OCCUPY TERRITORY PREMISES UNDER THIS AGREEMENT UNTIL, IN THE CASE OF A RISK RATING OF 7 OR GREATER, THE RELEVANT DEPARTMENT AND ACTIA HAVE APPROVED A RISK MANAGEMENT PLAN.

NB - THE FMA DETRMINATION WILL NOT APPLY TO MOST SERVICE FUNDING AGREEMENTS. IF IT MAY APPLY, TERRITORY AGREEMENT MANAGERS SHOULD CONTACT ACTGSO FOR ADDITIONAL CLAUSES.]

Item 2: AFP Checks -Recruitment of Employees and Volunteers

[Comment: ACT Government policy has recently been adjusted on the use of police checks. Some organisations will now require them particularly around work with children and young people, and the elderly in recognition of elder abuse.]


[Paragraphs (1) to (5) re children and (6) re older people. Include or delete as required. NB. If only sample (6) is required delete paragraphs (1) to (5) and also the number (6).]

(1) The Organisation will institute procedures to ensure that all persons (whether employees or volunteers or agents) engaged by the Organisation to be involved in any way with children for the purposes of this Agreement, are fit and proper persons, where "fit and proper" means the person:

(a) is capable of providing an adequate standard of care in relation to the Services,

(b) understands the needs of Service Users and their children (where relevant), and

(c) is of good character and is suitable to be entrusted with the care of children.

(2) The Organisation must be satisfied that any person referred to in paragraph (1) is "fit and proper" for purposes of providing the Services. The Organisation will determine if, in respect of any such person, there has been any of the following recorded against him/her:

(a) convictions in Australia or overseas of any offence involving children (including but not limited to child abuse, assault and neglect),

(b) any action taken in Australia or overseas in respect of the protection of children who were under the guardianship or custody of the person.

(3) The Organisation's process for the selection of employees, volunteers and agents for purposes of the Services will be designed so that applicants are required to demonstrate the qualities described in paragraph (1) and warrant that they have had no convictions or actions recorded or taken against them as described in paragraph (2).

(4) As part of its employment practices in respect of persons who will or will be likely to have contact with children for purposes of the Services, the Organisation will:

(a) request from applicants personal references which must be checked by the Organisation with referees, and

(b) obtain a clearance from the Australian Federal Police ("AFP").

(5) The Organisation will obtain an AFP check each time it engages employees and volunteers who will or will be likely to have contact with children as part of the obligation to ensure that all staff are "fit and proper". For purposes of satisfying this requirement, it will be insufficient for the Organisation to rely upon the results of police checks tendered to the Organisation by an applicant or friend, relative, agent or representative of the applicant.

(6) The Organisation will obtain an AFP check each time it engages employees and volunteers who will or will be likely to work directly with older people. For purposes of satisfying this requirement, it will be insufficient for the Organisation to rely upon the results of police checks tendered to the Organisation by an applicant or friend, relative, agent or representative of the applicant.

Item 3: Generic Requirements of Funding Program

[INSERT any generic requirements of all Organisations under this Agreement's funding program if not specified in Schedule 2, for example:

(1) principles for good practice

(2) participation in SAAP data collection.]

Item 4: Confidentiality of Agreement

[NOTES: ONLY INSERT THIS ITEM IF ORGANISATION REQUIRES ANY PART OF THIS AGREEMENT TO NOT BE DISCLOSED UNDER THE GOVERNMENT PROCUREMENT ACT 2001

AND

IF THE TERRITORY HAS SATISFIED ITSELF IN ACCORDANCE WITH THE REQUIREMENTS OF THAT ACT.]

Confidentiality obligations of the Territory

(1) In this Agreement, "confidential information" means information [INSERT DETAILS: EXAMPLE ONLY - about the commercial arrangements between the Organisation and any third party and to which the Territory is not a contracting party].

(2) In giving effect to the principles of open and accountable government, the Territory may disclose documents and information unless it has otherwise agreed, or is otherwise required under law, to keep the information confidential.

(3) Except as provided in this Agreement, the Territory must not disclose the confidential information to any person without the prior written consent of the Organisation (which consent will not be unreasonably withheld) except if the confidential information:

(a) is required or authorised to be disclosed under law;

(b) is reasonably necessary for the enforcement of the criminal law;

(c) is disclosed to the Territory's solicitors, auditors, insurers or advisers;

(d) is generally available to the public;

(e) is in the possession of the Territory without restriction in relation to disclosure before the date of receipt from the Organisation;

(f) is disclosed by the responsible Minister in reporting to the Legislative Assembly or its committees; or

(g) is disclosed to the ombudsman or for a purpose in relation to the protection of the public revenue.

(4) The Government Procurement Act 2001 (ACT), part 3 (Notifiable contracts) applies to this Agreement. The following grounds mentioned in section 35(1) of that Act, apply to this Item:

[LIST RELEVANT GROUNDS USING WORDING FROM SECTION 35(1) EXAMPLE ONLY - that the release of the information would:

(a) be an unreasonable disclosure of personal information about a person; or

(b) be an unreasonable disclosure of information about the business affairs of a person.]

Item 5: Other Special Conditions

[INSERT OTHER SPECIAL CONDITIONS AS REQUIRED]


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