AUSTRALIAN CAPITAL TERRITORY

AGREEMENT

Dated_________________ 2007

Template Version: Provision of Chaplaincy Services Agreement – April 2007

Parties AUSTRALIAN CAPITAL TERRITORYrepresented by [INSERT NAME OF SCHOOL]

[INSERT FULL NAME OF PROJECT SPONSOR INCLUDING ACN IF COMPANY OR ABN]

PROVISION OF CHAPLAINCY SERVICES

Prepared by [Insert Agency][Insert Address 1][Insert Address 2][Insert Address 3]Ph: [Insert]Fax: [Insert]Ref: [INITIALS]:[FILE NO]

Version Draft/230407

Template Version: Provision of Chaplaincy Services Agreement – April 2007

CONTENTS

1. Interpretation.............................................................................................1

2. Condition precedent of Agreement............................................................4

3. Interdependency of Agreement and Funding Agreement..........................4

4. Obligations of the parties...........................................................................4

5. Term..........................................................................................................5

6. Resolving inconsistencies.........................................................................5

7. Territory Material.......................................................................................5

8. Access to premises and facilities...............................................................6

9. Cash and/or In-kind Contributions/Support...............................................6

10. School Chaplains......................................................................................6

11. Non-disclosure of Territory Information.....................................................7

12. Insurance and indemnity...........................................................................8

13. Termination...............................................................................................8

14. Questions, issues and disputes.................................................................9

15. General......................................................................................................9

SCHEDULE 1.................................................................................................12

SCHEDULE 2.................................................................................................13

SCHEDULE 3.................................................................................................14

Attachment A..................................................................................................17

PARTIES: AUSTRALIAN CAPITAL TERRITORY, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) (Territory) represented by the [Insert name of school].

[INSERT FULL NAME, INCLUDING ACN FOR A COMPANY OR ABN FOR OTHER ORGANISATION AND CHECK IT IS A LEGAL ENTITY] of [Insert address (of registered office if for a company)] (Project Sponsor).

BACKGROUND

A. DEST provides funding under the National School Chaplaincy Programme for the purpose of school communities engaging the services of a school chaplain.

B. The Project Sponsor is affiliated with or working with a religious institute

to provide a school chaplain and deliver chaplaincy services in schools or, is a chaplaincy service approved by the Department.

C. The Project Sponsor has been nominated by the Territory to manage the provision of the Chaplaincy Services at the School. The Project Sponsor will enter into a funding agreement with the Commonwealth of Australia, represented by DEST to receive funding under the National School Chaplaincy Programme for that purpose.

D. This Agreement sets out the roles and obligations of the parties for the purpose of the Project Sponsor providing the Chaplaincy Services.

IT IS AGREED by the parties as follows.

1. Interpretation

1.1 Definitions

The following definitions apply in this Agreement, unless the context otherwise requires.

Application means the application submitted by the principal of the School, and endorsed by the Department, for the purpose of applying for funding under the Programme, and which is attached to this Agreement at Attachment A.

Chaplaincy Services means the services described in Schedule 2.

Contract Officers means, in relation to each party, the representatives whose names and contact details are specified in Item 1 Schedule 1, or as notified from time to time by one party to the other.

Department means the Department of Education and Training.

DEST means the Australian Government Department of Education, Science and Training.

DEST Guidelines means the National School Chaplaincy Programme administrative guidelines published by DEST including any amendments or substitutions.

Funding Agreement means the agreement entered into between the Project Sponsor and DEST for the purpose of the Project Sponsor receiving funding under the Programme.

In-kind Contributions/Support

means products or services provided by the Territory that have an intrinsic value but are not provided as direct cash or financial support.

Personal Information means 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.

Programme means the National School Chaplaincy Programme administered by DEST.

School means [insert name of school or schools if the Chaplaincy Services are to be shared] located at [insert address]

School Chaplain means a person who is endorsed by the School including the principal, parent body and/or School’s Governing Body, as an appropriate appointee.

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School Governing Body

means a body, which for the purpose of the Programme reviews, advises and/or decides school policy, planning, financial and other matters.

Term means the term specified in Item 2 Schedule 1, or if extended under clause 5.2, the initial term and the extended term.

Territory means:

(1) when used in a geographical sense, the Australian Capital Territory; and

(2) when used in any other sense, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cwlth).

Territory Information means the kind of information that:

(1) is or relates to documents, submissions, consultations, policies, strategies, practices and procedures of the Territory which are by their nature confidential;

(2) is notified (whether in writing or not) by the Territory to the Project Sponsor as being confidential;

(3) is specified in Item 3 Schedule 1; or

(4) is Personal Information,

but does not include information that:

(5) is or becomes public knowledge other than by breach of this Agreement;

(6) has been independently developed or acquired by the Project Sponsor; or

(7) has been notified by the Territory to the Project Sponsor as not being confidential.

Territory Material means any material provided by the Territory to the Project Sponsor for the

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purposes of this Agreement including documents, equipment, information and data stored by any means.

1.2General

In this Agreement, unless a contrary intention is expressed:

(1) references to “Project Sponsor” include any employees, agents or subcontractors of the Project Sponsor;

(2) references to legislation or to provisions in legislation include references to amendments or re-enactments of them and to all regulations and instruments issued under the legislation;

(3) words importing a gender include the others; words in the singular number include the plural and vice versa; and where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(4) “include” is not to be construed as a word of limitation;

(5) headings have no effect on the interpretation of the provisions; and

(6) an obligation imposed by this Agreement on more than one person binds them jointly and severally.

2. Condition Precedent of Agreement

The commencement of this Agreement is conditional upon the Project Sponsor entering into the Funding Agreement.

3. Interdependency of Agreement and Funding Agreement

3.1The parties acknowledge that this Agreement is interdependent with the Funding Agreement and agree that without limiting any of the provisions of this Agreement, a breach of the Funding Agreement by the Project Sponsor will constitute a breach of this Agreement.

3.2 If the Funding Agreement is terminated, then this Agreement will be terminated with effect upon the date of termination of the Funding Agreement.

4. Obligations of the Parties

4.1 The Project Sponsor must provide the Chaplaincy Services in accordance with:

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(1) the provisions of this Agreement;

(2) the Funding Agreement;

(3) the DEST Guidelines; and

(4) Territory policies including:

(a) Chaplaincies in ACT Government Schools; and

(b) Visitors in Schools Policy and Procedures.

4.2 The Territory will cooperate, as reasonably necessary, with the Project Sponsor to enable the Project Sponsor to meet its obligations under this Agreement, the Funding Agreement, the DEST Guidelines and Territory policies.

5. Term

5.1 This Agreement is for the Term unless terminated under the provisions of this Agreement.

5.2This Agreement may be extended by written agreement of the parties prior to the expiration of this Agreement.

6. Resolving Inconsistencies

6.1 If an inconsistency arises between this Agreement and the:

(1) Funding Agreement; and/or

(2) DEST Guidelines,

the Project Sponsor must notify the Territory in a timely manner of that inconsistency, and cooperate with the Territory to resolve or remove that inconsistency.

6.2 If the Chaplaincy Services reflected in the Funding Agreement differ from those endorsed by the Territory and the Project Sponsor in the Application, the Project Sponsor must consult with the Territory and facilitate the Territory’s involvement in negotiations with DEST for the purpose of ensuring the Chaplaincy Services are appropriate and suitable for the Territory’s requirements.

7. Territory Material

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7.1Territory Material will remain the property of the Territory and the Project Sponsor must only use that material for the purpose of providing the Chaplaincy Services or otherwise in accordance with any conditions notified to it by the Territory.

7.2For the purpose of this clause 7, “use” includes supply, reproduce, publish, perform, communicate, broadcast and copy.

7.3The Project Sponsor must not amend or adapt any Territory Material without the prior written consent of the Territory.

7.4On the expiration or the earlier termination of this Agreement, the Project Sponsor must deliver to the Territory, all copies of Territory Material (other than copies of material that the Territory has authorised the Project Sponsor to retain).

8. Access to premises and facilities

8.1 The Territory will provide the Project Sponsor access to the Territory’s premises and/or facilities as reasonably required to enable the delivery of the Chaplaincy Services.

8.2 The Project Sponsor must, if using the Territory’s premises or facilities for the purpose of this Agreement, comply with all security and office regulations in effect at those premises or regarding those facilities, as notified or directed by the Territory.

9. Cash and/or In-kind Contributions/Support

The Territory will provide cash and/or In-kind Contributions/Support for the provision of the Chaplaincy Services as set out in the Application.

10. School Chaplains

10.1 The Project Sponsor must ensure that any person undertaking the role of School Chaplain for the purposes of this Agreement are fit and proper, where “fit and proper” means the person:

(1) is suitable to work with young people, such as the students in a school setting;

(2) has not been convicted of any child related crimes and is not the subject of any pending charges;

(3) is of good character and is suitable to be entrusted with the role of School Chaplain;

(4) will act in a professional and responsible manner in performing the role of School Chaplain; and

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(5) will maintain endorsement of the relevant recognised religious institution and qualifications.

10.2 The Project Sponsor must ensure all persons undertaking the role of School Chaplain and other personnel who may come into contact with students at the School have a current Australian Federal Police criminal record check and satisfy the child protection check requirements as required by the DEST Guidelines and Territory policies, and will be responsible for meeting the costs of those checks.

10.3 The Project Sponsor must ensure that the persons specified in the Application or other persons agreed by the parties, will undertake the role of School Chaplain, subject to those persons satisfying the criminal record and child protection checks specified in clause 10.2.

10.4 The Project Sponsor must ensure a School Chaplain performs the Chaplaincy Services in accordance with this Agreement, DEST Guidelines, Territory legislation and policies.

10.5 The Project Sponsor must ensure a School Chaplain does not perform education in a particular religion at the School, as a part of their role as School Chaplain.

10.6 The Project Sponsor may advertise at the School the activities of local churches and denominations with the prior consent of the Territory and using methods approved by the Territory.

11. Non-disclosure of Territory Information

11.1 Except as provided in this Agreement, the Project Sponsor must not disclose Territory Information to any person without the prior written consent of the Territory except to the extent that the Territory Information is:

(1) required or authorised to be disclosed by law;

(2) disclosed to the Project Sponsor’s solicitors, auditors, insurers or advisers;

(3) generally available to the public; or

(4) in the possession of the Project Sponsor without restriction in relation to disclosure before the date of receipt from the Territory.

11.2 The Project Sponsor must take all reasonable measures to ensure that:

(1) Territory Information accessed or held by it in connection with this Agreement is protected against loss, unauthorised access, use, modification, disclosure or other misuse in accordance with

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reasonable procedures for that purpose; and

(2) only authorised personnel have access to Territory Information.

11.3 The Project Sponsor must:

(1) use Territory Information held in connection with this Agreement only for the purposes of fulfilling its obligations under this Agreement;

(2) comply with the “Information Privacy Principles” set out in the Privacy Act 1988 (Cwlth) as if they were provisions of this Agreement; and

(3) not transfer Territory Information held in connection with this Agreement outside the Territory, or allow any person (other than authorised personnel) outside the Territory to have access to it, without the prior approval of the Territory.

11.4 The Project Sponsor must immediately notify the Territory if the Project Sponsor becomes aware that:

(1) a disclosure of Territory Information may be required by law; or

(2) an unauthorised disclosure of Territory Information has occurred.

11.5 The Project Sponsor acknowledges that the publication or communication of any fact or document by a person which has come to its knowledge or into its possession or custody by virtue of the performance of this Agreement (other than to a person to whom the Project Sponsor is authorised to publish or disclose the fact or document) may be an offence under section 153 of the Crimes Act 1900 (ACT), the maximum penalty for which is 2 years imprisonment.

12. Insurance and indemnity

12.1 The Project Sponsor must effect and maintain for the Term:

(1) all insurance coverage required to be effected by it by law;

(2) public liability insurance with coverage in the amount of not less than $10 million (or any other amount or conditions specified in Item 4 Schedule 1) in respect of each claim;

(3) professional indemnity insurance with coverage in the amount of $10 million (or any other amount or conditions specified in Item 4 Schedule 1) in respect of each claim and in the annual aggregate;

(4) workers compensation insurance; and

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(5) any other insurance specified in Item 4 Schedule 1,

with an insurer approved by the Territory and must produce evidence of that insurance as required by the Territory.

12.2 The Project Sponsor indemnifies the Territory, its employees and agents against liability in respect of all claims, costs and expenses and for all loss, damage, injury or death to persons or property caused by the Project Sponsor, in connection with the provision of the Chaplaincy Services, except to the extent that the Territory caused the relevant loss, damage or injury.

12.3 The Project Sponsor must, at its expense, make good the amount of all claims, loss, damage, costs and expenses the subject of the indemnity in clause 12.2.

13. Termination

13.1 Notwithstanding clause 3.2, the parties may terminate this Agreement with 14 days’ written notice to the other party.

13.2 The Territory may terminate this Agreement by written notice, if:

(1) the Project Sponsor is in breach of a provision of this Agreement, where that breach:

(a) if capable of being remedied, is not remedied within the period specified in a written notice by the Territory;

(b) is not capable of being remedied, or

(c) is in the reasonable opinion of the Territory, a breach that may bring harm to a student or an employee of the School, or to the reputation of the School;

(2) if the Chaplaincy Services are not appropriate or suitable for the Territory’s requirements, including if the Chaplaincy Services are inconsistent with Territory legislation and/or policies; or

(3) if due to the School’s chaplaincy requirements changing, the Chaplaincy Services are no longer required.

13.3 In the event of the Agreement being terminated, the Territory will not be liable for any costs incurred by the Project Sponsor under this Agreement or the Funding Agreement.

13.4 The parties will be responsible for their own costs associated with the termination of this Agreement.

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14. Questions, issues and disputes

14.1 In the event of any question, issue or dispute (Issue) arising in relation to this Agreement, including with respect to a School Chaplain, the parties will endeavour to meet and agree on a course of dealing to resolve the Issue.

14.2 Notwithstanding clause 14.1, in relation to any issue arising in respect of a student, which in the opinion of the Territory, the Territory considers to be of a serious nature, the Territory will have complete discretion in relation to how such an Issue is resolved, including immediately suspending the involvement of the Chaplain at the School.

15. General

15.1 The Project Sponsor:

(1) warrants that, at the date of entering into this Agreement, no conflict of interest exists or is likely to arise in the performance of the Chaplaincy Services and of its other obligations under this Agreement; and

(2) must, if a conflict, or risk of conflict, of interest arises during the Term:

(a) notify the Territory immediately of that conflict or risk, and

(b) comply with any requirement of the Territory to eliminate or otherwise deal with that conflict or risk.

15.2 Nothing in this Agreement constitutes the Project Sponsor, or its employees, agents or subcontractors as employees, partners or agents of the Territory or creates any employment, partnership or agency for any purpose. The Project Sponsor must not represent itself, and must ensure its employees, agents and subcontractors do not represent themselves, as being employees, partners or agents of the Territory.

15.3 This Agreement comprises the entire agreement between the parties in relation to the Chaplaincy Services and supersedes any prior representations, negotiations, writings, memoranda and agreements.

15.4 Any provision of this Agreement that is illegal, void or unenforceable will not form part of this Agreement to the extent of that illegality, voidness or unenforceability. The remaining provisions of this Agreement will not be invalidated by an illegal, void or unenforceable provision.

15.5 This Agreement may be varied only by the written agreement of the parties prior to the expiration of this Agreement.

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15.6 Failure or omission by the Territory at any time to enforce or require strict or timely compliance with any provision of this Agreement will not affect or impair that provision in any way or the rights and remedies that the Territory may have in respect of that provision.

15.7 This Agreement is governed by and construed in accordance with the law for the time being in force in the Territory and the parties submit to the non-exclusive jurisdiction of the courts of the Territory.

15.8 The Project Sponsor must comply with the laws from time to time in force in the Territory in performing the Chaplaincy Services.

15.9 Any notice, including any other communication, required to be given or sent to either party under this Agreement must be in writing and given to the relevant Contract Officer. A notice will be deemed to have been given:

(1) if delivered by hand, on delivery;

(2) if sent by prepaid mail, on the expiration of two business days after the date on which it was sent;

(3) if sent by facsimile, on the sender’s facsimile machine recording that the facsimile has been successfully and properly transmitted to the recipient’s address; or

(4) if sent by electronic mail, on the other party’s acknowledgment of receipt by any means.

15.10 In the event of any inconsistency between any Special Condition and any other provision of this Agreement then, to the extent of any inconsistency, the Special Condition will prevail.

15.11 Clauses 11, 12.2 and 12.3 will survive the expiration or earlier termination of this Agreement.

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SCHEDULE 1

CONTRACT DETAILS

Item 1. Contract OfficersSee clauses 1.1 and 15.9

For the Territory:

[Insert name of the Contract Officer who will either be the principal of the School or the project leader (within the meaning of the DEST Guidelines) appointed by the Principal.][Insert contact details – address and facsimile]

For the Project Sponsor:

[Insert name of Contract Officer][Insert contact details – address and facsimile]

Item 2. TermSee clause 5

From the date of this Agreement or the date of the Funding Agreement, whichever is the later, until the expiration or earlier termination of the Funding Agreement.

Item 3. Territory InformationSee clauses 1.1 and 11

Not used.

[Or, insert details of any information that the Territory requires the Project Sponsor to keep confidential in addition to what is already set out in the definition of Territory Information. If details in the definition of Territory Information are sufficient, retain “Not used”.]

Item 4. Other amounts and insuranceSee clause 12

Not used, see clause 12.

[Advice from ACTIA should be obtained in relation to insurance requirements.]

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SCHEDULE 2

THE CHAPLAINCY SERVICES

The Project Sponsor must provide the Chaplaincy Services at the School, or another location specified by the Territory, as set out in the Funding Agreement.

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SCHEDULE 3

SPECIAL CONDITIONSSee clause 15.10

Item 1. Privacy of Personal Information

1.1 Additional privacy obligations

The following obligations are in addition to those set out in clause 11.

1.2 Employee awareness

The Project Sponsor must ensure that any employee of the Project Sponsor or any subcontractor, requiring access to any Personal Information held in connection with this Agreement:

(1) makes an undertaking in writing in a form prescribed by the Territory to not access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations; and

(2) is informed that failure to comply with this undertaking may be a criminal offence and may also lead the Project Sponsor to take disciplinary action against the employee or subcontractor.

1.3 Reasonable requests, directions and guidelines

The Project Sponsor must, in respect of any Personal Information held in connection with this Agreement, co-operate with any reasonable requests or directions of the Territory arising directly from, or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 (Cwlth) or otherwise, including the issuing of any guidelines concerning the handling of Personal Information.

1.4 Indemnity and compensation

(1) The Project Sponsor indemnifies the Territory in respect of any liability, loss or expense incurred arising out of, or in connection with, a breach of the obligations of the Project Sponsor under this Item or for a breach of the Privacy Act 1988 (Cwlth).

(2) In this Item “liability, loss or expense” includes any amount paid by the Territory on behalf of the

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Commonwealth for an interference with the privacy of an individual being a reasonable amount as compensation for loss or damage for which the Commonwealth would have been liable under the Privacy Act 1988 (Cwlth) if that breach had been that of the Territory.

1.5 Handling of complaints

A complaint alleging an interference with the privacy of an individual in respect of any Services performed by the Project Sponsor (Complaint) will be handled by the Territory and in accordance with the following procedures:

(1) if the Territory receives a Complaint it will immediately notify the Project Sponsor of only those details of the Complaint necessary to minimise any breach or prevent further breaches of this Agreement;

(2) if the Project Sponsor receives a Complaint it must immediately notify the Territory of the nature of the Complaint but will only release Personal Information to the Territory concerning the complainant with that person’s consent; and

(3) after the Territory has given or been given notice in accordance with paragraphs (1) or (2) above, it will keep the Project Sponsor informed of all progress with the Complaint concerning the actions of the Project Sponsor.

1.6 Survival of Item

This Item survives the expiry or earlier termination of this Agreement.

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DATE OF THIS AGREEMENT....................................................................................................................2007

SIGNED for and on behalf of theAUSTRALIAN CAPITAL TERRITORYin the presence of:

…………………………………………….Signature of witness

…………………………………………….Print name

)))

……………………………………….Signature of Territory delegate

……………………………………….Print name

SIGNED by or for and on behalf of[NAME & ABN/ACN OF PROJECT SPONSOR] in the presence of:

………………………………………….…Signature of witness

…………………………………………….Print name

)))

……………………………………….Signature of Project Sponsor or authorised officer* *delete whichever is not applicable (see note below)

……………………………………….Print name and position

……………………………………….Signature of second authorised officer**see note below

……………………………………….Print name and position

Note:

Date: Must be dated on the date the last party signs the Agreement or, if signed counterparts of the Agreement are exchanged, the date of exchange. Also date the cover page.

Individual: Must be signed by the individual Project Sponsor and witnessed.

Incorporated Association: Must be signed in accordance with the Project Sponsor’s constitution, which may or may not require the common seal to be affixed. As a minimum, 2 authorised officers must sign.

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Affix common sealif required under

constitution

Company: Must be signed in accordance with section 127 of the Corporations Act 2001 (Cwlth), for example, by 2 directors or a director and a secretary. Common seal may be affixed if required under the Project Sponsor’s constitution.

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Attachment A[Insert copy of Application here]

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