This is a template of our Brokerage Agreement for you to review prior to registering on the Five Good Friends Platform. Your personalised copy of this Brokerage Agreement will be available from inside your Account via the App.
Five Good Friends Brokerage Agreement for Helpers
This agreement is made [DATE]
Five Good Friends ABN 87 605 031 249 of Level 19/179 Turbot Street, Brisbane, Queensland, 4000 (Five Good Friends)
[NAME] ABN [ABN] of [ADDRESS] (Helper)
Five Good Friends and the Helper have agreed that the Helper will provide the Services to Five Good Friends’ Members in accordance with the terms and conditions of this Agreement. The Agreement appoints the Helper as a broker for Home Care Packages and NDIS participants with Five Good Friends.
IT IS AGREED
1 Definitions and Interpretation
1.1 In this Agreement words and phrases used have the meanings as set out in the Schedule.
2 Term and Appointment
2.1 The rights and obligations of the parties under this Agreement will commence on the Commencement Date and continue until the Termination Date, subject to the terms of this Agreement.
2.2 The Helper is an independent contractor appointed to provide the Services in accordance with this Agreement. This Agreement does not create a relationship of employer and employee, principal and agent, or partnership between Five Good Friends and the Helper or any of the Helper’s Personnel.
3.1 Unless otherwise agreed, Five Good Friends will only pay for Services which are requested and duly authorised by Five Good Friends’ Members or their Authorised Representative and recorded via the Five Good Friends software application.
3.2 The Helper must:
(a) act in a lawful, competent, professional and timely manner and in accordance with the policies, procedures and reasonable directions provided by Five Good Friends; (b) act in a manner that meets the Home Care Common Standards and complies with the provisions of the Aged Care Act 1997 (Cth); (c) deliver to Five Good Friends all notices and documents received from time to time by the Helper in relation to a Member or Care Plan that are relevant to the Services; (d) give consideration to all communications and representations from time to time made by Five Good Friends in respect of Members, Care Plans and Services; (e) immediately report to Five Good Friends any risks or likely risks associated with the Services; and (f) report to Five Good Friends any Reportable Incidents and emergencies in accordance with this Agreement. (g) Notify Five Good Friends of any change to their A.B.N. or G.S.T. status
3.3 Variation and cancellation of Services
(a) Five Good Friends may, in its absolute discretion, alter or discontinue the provision of Services by the Helper to a Member at any time by providing verbal or written notice to the Helper, and the Helper must promptly comply with any directions issued by Five Good Friends in this regard. (b) Five Good Friends will pay the relevant proportion of Service Fees for any part of the Services performed prior to cancellation or variation.
3.4 The Helper must obtain, and must ensure that its Personnel obtain, at the Helper’s expense, any necessary licences, permits, qualifications, registrations and other statutory requirements necessary for the performance of the Services under this Agreement, including, without limitation, those qualifications for its Personnel referred to in clause 6.
3.5 The Helper:
(a) determines the hours the Helper works in providing the Services to the Member (this is to be negotiated directly between the Helper and the Member); (b) can decline the offer from a Member to provide the Services up to three times; (c) sets the rates charged to the Member in providing the Services; (d) can delegate provision of the Services to their Personnel, provided such Personnel comply with the terms of this Agreement, demonstrate competency in providing the Services and submit to assessment and auditing regarding competency by Five Good Friends as required; (e) provides all tools and equipment used in providing the Services to the Member (including car, mobile phone and other tools of trade); (f) generates the invoice for Services rendered to the Member (via the Five Good Friends’ software application) and makes the request for payment to the Member directly; (g) warrants that they and their Personnel are competent in respect of the provision of the Services, and agrees to make themselves and their Personnel available for assessment and auditing in this regard; (h) will be responsible for the payment of superannuation to their own Personnel.
3.6 Five Good Friends will:
(a) act as a clearing house for clearing funds; (b) assist with debt collection regarding invoices sent by the Helper to the Member for the Services provided; (c) ensure appropriate insurances are in place for the provision of the Services to the Member by the Helper where permitted by law; (d) ensure government accreditation in respect of the provision of the Services, by ensuring the Services provided by the Helper to the Member are compliant with the Home Care Common Standards and the provisions of the Aged Care Act 1997 (Cth); (e) Provide the Helper access to the platform to be matched with potential members; (f) Provide the Helper access to the software application to create visits, record length of visits and manage invoicing between Helpers and Members.
4 Role Of Case Manager
4.1 A Case Manager will be appointed by Five Good Friends. Any appointment or change in Case Manager will be notified to the Helper verbally or in writing.
4.2 The role of the Case Manager is to assess, communicate and provide overall direction in the development, implementation, monitoring and reviewing of a Member’s care and Care Plan.
4.3 The Case Manager will meet with the Helper and the Member to assist the parties in developing the Care Plan for the Member.
4.4 In the case where services are funded by Government Home Care Packages or other formal funding streams, Five Good Friends will act as the Approved Provider. Consumer Directed Care is an approach to the planning and management of care, which allows Members and Helpers more power to influence the design and delivery of the services they receive, and allows them to exercise a greater degree of choice in what services are delivered, where and when they are delivered. This means, Five Good Friends and Helpers are required to:
(a) have conversations about the Member’s needs and goals with the Member (and Care Givers); (b) co-produce Care Plans to provide greater transparency to the Member about what funding is available under their package of care and how those funds are spent; (c) agree with the Member about the level of involvement they will have in managing the Member’s package, and conduct ongoing monitoring and a formal reassessment to ensure that the package and Care Plan continues to be appropriate for the Member.
5 Members and Care Plans
5.1 Five Good Friends will provide the Helper with a copy of the Member’s Care Plan. The Helper must inform the Case Manager of any change in circumstances, issues or concerns regarding a Member as soon as they arise. All verbal communications must be confirmed in writing.
5.2 The Helper must implement a process where their Personnel are required to report any changes in a Member’s circumstances to the Helper who will inform the Case Manager as soon as practicable and leave notes against the visit when acquitting the visit in the software application.
5.3 If the Helper considers that a Service for a particular Member should be varied, the Helper may request that the Case Manager review the Member’s Care Plan. The Case Manager may authorise a temporary variation in Services pending a full review of the Care Plan.
5.4 A Case Manager may revise a Member’s Care Plan and alter a Service request following reasonable consultation with the Member, Care Givers, and the Helper if the Case Manager considers it appropriate.
5.5 Five Good Friends will be responsible for arranging and conducting a Care Plan review meeting and inviting the relevant stakeholders.
6 Helper’s Obligations
6.1 Helper and Personnel requirements
(a) The Helper must ensure that:
(i) all of its Personnel are aware of and understand the terms of this Agreement; and (ii) all of its Personnel comply with the terms of this Agreement.
(b) The Helper is responsible for all acts and omissions of its Personnel and is responsible for the payment of all amounts related to the engagement of its Personnel including wages, leave, relevant insurances (including WorkCover) and superannuation, where applicable. To remove any doubt, Five Good Friends will not be responsible for paying any of these amounts to the Helper or the Helper’s Personnel.
(c) The Helper must provide to Five Good Friends on or before the Commencement Date and on request by Five Good Friends during the Term, such documentary evidence as may be reasonably requested by Five Good Friends as to the:
I. Qualifications; II. Professional experience; III. Professional registrations; IV. Ability to work with children; V. National Police Check Number and Issue date VI. Driver’s License VII. Vehicle Registration VIII. Insurances
of its Personnel who may be reasonably likely to be engaged or involved in performance of the Services.
(d) The Helper may delegate its obligations to its Personnel, provided such delegation complies fully with the terms of this Agreement and the delegated helper has undergone Five Good Friends compliance checks and induction.
6.2 In relation to clause 6.1(c)(iv) and (v), the Helper and its Personnel must comply with the police check requirements listed in Annexure 2, to the satisfaction of Five Good Friends, or otherwise authorise Five Good Friends to carry out such police checks.
6.3 Work Health and Safety
Without limiting the Helper’s obligations under this Agreement, the Helper must ensure that the Services are delivered in accordance with relevant Work Health and Safety legislation.
6.4 Reportable Incidents
(a) The Helper must report any Reportable Incident to Five Good Friends on the date it occurs, as per our incident and injury management policy which is available on our website or on the following Business Day if outside of Business Hours. Reportable Incidents include any improper conduct in relation to a Member, Five Good Friends, the Helper, Personnel or otherwise in relation to the Services.
(b) Five Good Friends will inform the Helper of any allegations of improper conduct which involve the Helper or its Personnel, including where such allegations are received from a third party.
(c) Where there has been a Reportable Incident, Five Good Friends may take all necessary action in relation to a Reportable Incident, to ensure the immediate safety and welfare of the Member. The Helper agrees to cooperate, and ensure that its Personnel cooperate, with such necessary action by Five Good Friends.
(a) Medication must not be administered, supervised or monitored by any Helper or its Personnel, or in any other manner, other than as set out in Five Good Friend’s written policies and procedures as varied from time to time.
(b) Any issues or concerns relating to medication will be a Reportable Incident, and the Helper must comply with clause 6.4.
The Helper must:
(a) implement and follow Five Good Friends’ written policies and procedures for responding to Emergencies involving a Member; and
(b) provide evidence of how such written policies and procedures are followed, to Five Good Friends, upon request by Five Good Friends.
Five Good Friends hereby appoints the Helper as a broker for Home Care Packages with Five Good Friends with Members during the term of this Agreement.
6.8 Platform, Technology, Marketing, Debt Collection and Invoicing
The Helper will have full access to Five Good Friends’ platform, technology (including Five Good Friends’ applications), marketing, assistance with debt collection, invoicing system by virtue of payment of the Service Fees.
7 Payment and Invoicing
7.1 Helpers Invoicing Members
The Five Good Friends’ software application manages invoicing for helpers. Helpers must follow the following steps:
- Upon completion of each visit, the helper is to checkout via the software application and confirm the duration of the visit and leave relevant or requested notes and feedback
- Upon completing this checkout process, the software application will generate an invoice from the helper to the member’s nominated biller
- Each week, the software application will generate a summary of helper’s invoices for the previous one week period for the Member or Authorised Representative.
- Five Good Friends will debit the members nominated account or Home Care Package the amount owing in the weekly summary and hold funds received in order to remit to helpers.
7.2 Payment of Helper Income
- Every fortnight, the software application will generate an invoice from Five Good Friends to the Helper for platform access and marketing fees based on the fee schedule in Annexure 1
- Every fortnight, the software application will produce a summary of income earned by the Helper, previously invoiced to members, and less the Platform Access and Marketing Fees owing to Five Good Friends
- Five Good Friends will then remit the amount debited to the member, less the Five Good Friends Platform Access and Marketing Fees to the helpers nominated bank account electronically.
The Helper agrees that the Service Fees charged by Five Good Friends are a fair and reasonable amount for Five Good Friends’ assistance in respect of training, matching, insurance, administration, invoicing, provision of platform and technology, marketing, debt collection and risk.
7.3 Five Good Friends may reduce any payment due to the Helper under this Agreement by any amount which the Helper is legally obliged to pay to Five Good Friends.
7.4 To remove any doubt, the Helper reserves the right to set their own fees for the Services offered to and undertaken on behalf of Five Good Friends’ Members subject to acceptance by Five Good Friends Members.
8 Helper Warranties
8.1 The Helper represents and warrants that it and its Personnel, in providing the Services:
(a) will exercise reasonable care, diligence and skill;
(b) will ensure the Services are fit for the purpose required by Five Good Friends’ Members;
(c) will act in good faith; and
(d) will not breach or cause the Helper to breach this Agreement.
8.2 The Helper acknowledges that Five Good Friends has executed this Agreement in reliance on the warranties in this clause and this Agreement.
9 Reports, Monitoring and Audits
9.1 The Case Manager may contact or visit a Member at any time in order to inquire into, monitor and assess the delivery of Services and the Member’s satisfaction with those Services.
9.2 Five Good Friends may at its discretion put in place arrangements so that Helpers or its Personnel do not have unsupervised access to Members. The Helper agrees to comply, and ensure that its Personnel comply with, such arrangements.
9.3 Five Good Friends may take other steps reasonably necessary to periodically audit the Helper’s compliance with this Agreement. The Helper agrees to cooperate, and ensure that its Personnel cooperate, with such processes.
9.4 The Helper must comply with all requests for information by the Australian Aged Care Quality Agency
9.5 The Helper acknowledges that Five Good Friends uses third party services to measure Net Promoter Scores of Members and Helpers
10 Default and Termination
10.1 A party may terminate this Agreement without cause by giving 14 days written notice to the other party. If the Helper terminates, The Helper is obliged to provide services to all rostered visits in the software application during the notice period in order to ensure adequate continuity of care and sufficient time to replace
10.2 In addition to any other right of termination expressly provided for in this Agreement, Five Good Friends may terminate this Agreement immediately by notice in writing if any of the following occur:
(a) the Helper breaches a Material Term of this Agreement;
(b) the Helper fails to remedy a breach of any other term of this Agreement within 10 Business Days of being asked to do so by Five Good Friends;
(c) the Helper is in breach of any warranty in clause 8 or this Agreement;
(d) the conduct of any Helper or its Personnel damages or adversely affects or is likely to damage or adversely affect:
(i) a Member; (ii) the relationship between Five Good Friends and any of its Members; or (iii) Five Good Friends, including its business or reputation.
(e) The Helper fails to meet the Home Care Common Standards or fails to comply with the provisions of the Aged Care Act 1997 (Cth), or any other relevant legislation.
10.3 This Agreement may be terminated immediately by either party by notice in writing to the other party if the other party suffers an Insolvency Event. An ‘Insolvency Event’ includes:
(a) in relation to a natural person, becoming bankrupt, dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing his or her own affairs or being able to pay his/her debts when due; and
(b) in relation to a corporation, failing to comply with a statutory demand, becoming subject to receivership, winding up proceedings, having a controller or analogous person appointed to its affairs, entering into a compromise or arrangement with its creditors or being unable to pay its debts when due, presumed insolvent by a court in any of the circumstances referred to in section 459(2) of the Corporations Act 2001.
10.4 On termination of this Agreement, nothing operates to discharge any party from its obligations arising under or in connection with this Agreement prior to the date of termination or expiry, or expressly provided by this Agreement to survive following termination of this Agreement, or which by their nature should continue to operate after termination.
Five Good Friends has the following insurance policies:
- Medical Malpractice Insurance - $5 Million per event
- Public Liability - $30 million, Sexual Abuse liability limit of $5 million
- Group Personal Accident and Sickness – 85% of Helper income up to $1,000 per week
11.1 The Helper must, at its own cost, effect and maintain, or cause to be maintained, insurance relevant to its obligations under this Agreement and any professional registration held, including but not limited to - CTP insurance on their supplied vehicle and satisfy themselves of their obligations in regards to Workers Compensation Insurance as an independent contractor in their respective State.
If requested, the Helper must provide evidence of the insurance to the satisfaction of Five Good Friends.
11.2 The Helper will indemnify Five Good Friends for any deficiencies in the coverage or policy limits of the insurance policies effected and maintained by its Personnel, and for any workers’ compensation claim involving Helper Personnel.
12.1 The Helper releases and indemnifies Five Good Friends and its Personnel (those indemnified) against any Loss which those indemnified suffer, sustain or incur in connection with:
(a) any act, error, or omission by the Helper or its Personnel whether negligent, wilful or otherwise; and (b) any claim made by or on behalf of a Member or by a third party in relation to or arising out of performance of the Services.
12.2 The indemnity in clause 12.1 will be reduced to the extent that any negligent or unlawful act or omission of Five Good Friends or its Personnel caused the Loss.
12.3 Five Good Friends will not be liable to the Helper or any of its Personnel for any Loss sustained by any person except to the extent such Loss is directly caused by Five Good Friends and naturally flows in the normal course of events from the occurrence of the event giving rise to liability for such Loss.
12.4 Five Good Friends is not liable to the Helper or any of its Personnel in contract, in tort (including negligence), in equity, by operation of statute or otherwise for any kind of Excluded Loss incurred or suffered by the Helper or its Personnel.
12.5 This clause will survive expiration or termination of this Agreement.
13 Goods and Services Tax
13.1 If GST is imposed on any supply made by a party (Supplier) to another party (Recipient), to the extent that any consideration payable or to be provided by the Recipient for the supply is exclusive of GST. The Recipient must pay to the Supplier, in addition to that GST exclusive consideration, the amount of the GST payable in relation to that supply in exchange for a valid tax invoice.
The Helper must maintain during the Term and, unless otherwise notified by Five Good Friends, for 7 years after the Term, complete and accurate records relating to the performance of its obligations under this Agreement (Records).
All notes relating to member care should be stored in the notes feature in the software application as requested when checking out of a visit
The Helper must not solicit, canvass, induce or encourage (or attempt to do any of these things) any Member of the Company to terminate their contracts with the Five Good Friends.
In the event of a Member terminating their contract of service with the Company, the Helper must not perform or cause to be performed in any capacity or by whatever means any services for that Member for twelve months following the date of contract termination.
14.3 Confidentiality, privacy and publicity
The Helper must not disclose to any third party any Confidential Information obtained during the course of provision of the Services unless the disclosure is:
(a) permitted by law; or (b) with the written consent of the party who owns the information. This obligation extends beyond the life of the Agreement, and is not limited by time.
The Helper may subcontract its rights or obligations under this Agreement only with the prior written consent of Five Good Friends.
14.5 Governing law
This Agreement is governed by and is to be construed in accordance with the law applicable in Queensland.
This Agreement may only be varied in writing signed by both parties.
14.7 Entire agreement
This Agreement, together with its annexure and schedule, is the entire agreement of the Parties on the subject matter. All representations, communications, understandings, undertakings and prior agreements in relation to the subject matter are merged in and superseded by this Agreement.
The Company and the Helper consider the convenants, obligations and restrictions contained within this Agreement to be reasonable in all the circumstances of the Agreement and each and every part of them is deemed to be a severable and independent convenant, obligation or restriction.
If they are, taken together, adjudged to go beyond what is reasonable in all the circumstances, but would be adjudged reasonable with part of them, one of them or more deleted, the Agreement will apply as if the offending covenants, obligations or restrictions, or part of them, were deleted.
“Application” or “Applications” means Five Good Friends software applications available for use on mobile device or other computer, including to facilitate the delivery of the Services;
“Authorised Representative” means a person who has the authority to make decisions and act on behalf of a Member who either doesn’t have legal capacity or who wishes for this person to act for them. This person has full access rights to the Member’s Account as if they are a Member;
“Agreement” means the agreement recorded in this document including in the schedule and the annexures.
“Attendant” means Helper Personnel who deliver the Services directly to Members.
“Care Giver” means a person who provides unpaid care to a Member.
“Care Plan” means a program of direct and indirect care Services and activities developed by a Case Manager with the Helper to best meet the current caring needs of the Member as guided by the principles of Consumer Directed Care
“Case Manager” means Personnel of Five Good Friends who assess the needs of Members and Care Givers and perform the role described under clause 4.
“Member” means a Member of Five Good Friends accessed by the Helper under the terms of this Agreement.
“Commencement Date” means the commencement date detailed in Annexure 1.
“Excluded Loss” means any:
(a) loss of business opportunity; (b) loss of revenue; (c) loss of profit or anticipated profit; (d) loss of goodwill or loss arising from reputational damage; (e) loss arising from business interruption directly or indirectly flowing from the occurrence of the event giving rise to liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into this Agreement; and (f) loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into this Agreement.
“GST” has the meaning given to that term in the GST Law and includes any amounts imposed as additional tax, penalty tax, fine, interest or other charge payable in respect of GST.
“Home Care Common Standards” means the Home Care Common Standards specified in Schedule 4 of the Quality of Care Principles 2014.
“Loss” means all loss, liability, damage, claims, injury (including disease or illness), death, expense (including legal expenses) or cost.
“Material Term” means a term, the breach of which is reasonably likely to result in material loss or damage of a financial nature or to the reputation or goodwill of Five Good Friends, including without limitation, terms contained in clauses 3, 6.1 – 6.7, 8, 11 and 14.
“Personnel” means directors, officers, employees, agents or sub-agents, contractors or subcontractors of a party.
“Reportable Incident” means:
- any circumstances, fact, claim, dispute or issues in relation to the Services delivered by the Helper which will, or may, give rise to any legal claim;
- any critical incident (an incident which seriously threatens life or well-being) involving a Member or Attendant;
- any issue or incident relating to medication;
- any incident of improper conduct;
- any industrial dispute, or potential dispute;
- any failure to comply with Applicable Laws;
- any breach of a Policy or Procedure;
- any breach of the terms of this Agreement;
- any entitlement of the Helper to make any claim under any insurance policy.
“Services” means the services detailed in Annexure 1.
“Service Fees” means the service fees set out in Annexure 1.
In this Agreement, unless the contrary intention appears:
(a) Headings are for ease of reference only and do not affect the meaning of this Agreement and do not form part of the clause.
(b) The singular includes the plural and vice versa and words importing a gender include other genders.
(c) Words used in this Agreement and defined in the dictionary will have the meaning set out in the dictionary. Other grammatical forms of defined words or expressions have corresponding meanings.
(d) A reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of or schedule or annexure to this Agreement and a reference to this Agreement includes any schedules and annexures attached to this Agreement.
(e) A reference to a document or agreement, including this Agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time.
(f) A reference to ‘$’, ‘$A’, ‘dollar’ or ‘A$’ is a reference to Australian currency.
(g) A reference to a specific time for the performance of an obligation is a reference to that time in the State, Territory or other place where that obligation is to be performed.
(h) A reference to a party includes its executors, administrators, successors and permitted assigns and if more than one, includes those persons jointly and each of them severally, their respective executors, administrators and assigns.
(i) Words and expressions importing natural persons include partnerships, bodies corporate, associations (whether incorporated or not), firms, joint ventures, trusts, authorities, governments and governmental, semi-governmental and local authorities and agencies.
(j) Words such as ‘includes’ or ‘including’ will not be construed as words of limitation.
(k) If the day on which:
(i) anything, other than a payment, is to be done is not a Business Day, that thing will be done on the preceding Business Day; (ii) a payment is to be made is not a Business Day it will be made on the next Business Day but if the next Business Day falls in the next calendar month it will be made on the preceding Business Day; and (iii) if an act, other than a payment or the giving of a communication, is required to be done on a particular day and the act is done after 5pm on that day, it will be deemed to have been done on the following day.
Annexure 1 – Service details
TERM Commencement Date: [DATE]
Services: The Helper can provide the Services approved by Five Good Friends as part of the registration process.
Training and other requirements: Policies and Procedures: Link Training/Qualifications: You must complete all online training requested by Five Good Friends as requested
Personal Care Attendants: Must hold the minimum industry standard of Certificate III or current registration with the relevant State Nursing Board;
Other Competencies: If individual members care requires specific skills or competencies, you will be assessed individually by a Five Good Friends representative for the following as required
a) back care and body mechanics (safe lifting techniques); b) use of hoists or other lifting devices; c) working with communicable diseases; d) challenging behaviours; e) Medication Prompting f) such other training or experience requirements as notified by Five Good Friends from time to time.
Fees: Your Service Fees to be Charged to Members will be documented in the contract between the Helper and the Member.
Expenses: Travel to and from a Member visit is not paid Travel within a member visit is included in the nominated service fee Five Good Friends Platform Access and Marketing Fee 20% of Services Fees charged by the Helper to the Member
Annexure 2 – Police check requirements
An Acceptable National Police Certificate means a report prepared by the Australian Federal Police, Australian Criminal Intelligence Commission or the police force or police service of a State or Territory, about a person’s criminal conviction record.
- The Helper must:(a) ensure that all its Personnel engaged in the provision of the Services have an Acceptable National Police Certificate in accordance with the Police Certificate Guidelines published by the Australian Government Department of Health and not more than 12 months old; (b) ensure that all its Personnel engaged in the provision of the Services to a Child has a Blue Card not more than 12 months old; (c) provide a copy of the Acceptable National Police Certificate and the Blue Card to Five Good Friends upon request; (d) give Five Good Friends a statutory declaration that all of its Personnel have an Acceptable National Police Certificate; and (e) notify Five Good Friends of any issues which are identified through any checks, which could reasonably be considered to affect the person’s suitability to provide the Services; and (f) provide all assistance Five Good Friends reasonably requires to comply with its obligations under Applicable Laws with respect to criminal history checks.
- To ensure Five Good Friends complies with its obligations under Applicable Laws with respect to criminal history checks it must be satisfied the Helper meets the Applicable Laws in relation to criminal history checks. The Helper must, upon request:(a) give Five Good Friends access to its systems and procedures in relation to criminal history checks; (b) provide such information and documents as Five Good Friends requires on a quarterly basis to satisfy Five Good Friends that the Helper is complying with its systems and procedures in relation to criminal history checks; (c) take such action as may be required by Five Good Friends to remedy any issues identified with the Helper’s systems and procedures in relation to criminal history checks; and (d) give Five Good Friends upon request a copy of all documents in relation to criminal history checks.
- The Helper will ensure that it retains a police certificate registration number in respect of each member of Personnel, and must provide Five Good Friends with an organisational policy on employee national police checks.
- The Helper will undertake the police checks at its own expense.
- If a member of Personnel has been at any time since they turned 16, a citizen or permanent resident of a country other than Australia, the staff member must make a statutory declaration stating that the person has never been convicted of murder or sexual assault or convicted of, and sentenced to imprisonment for, any other form of assault.
- If a national police certificate in respect of Personnel records any criminal history, the Helper agrees not to allow the Personnel to provide Services until Five Good Friends has been given the opportunity to consider whether the staff member is a suitable person having regard to the criminal history.
- Five Good Friends may request that Personnel not provide Services under this Agreement on the basis that there is no current police certificate or having regard to any criminal history disclosed by the police certificate. Such request will be reasonable.
- The Helper must not retain volunteers to provide Services under this Agreement.