Student Placement Deed - Queensland Health · university holding a current Student Placement Deed...

Student Placement Deed Between The State of Queensland acting through Queensland Health

ABN 66 329 169 412 (Department)

And

[Insert Education Provider’s Name] ABN [Insert ABN] (Education Provider)

Table of Contents 1 BACKGROUND 4

THE PARTIES AGREE AS FOLLOWS 5

2 DEFINITIONS AND INTERPRETATION 5

3 TERM 13

4 SCOPE 14

DEPARTMENT’S OBLIGATIONS 14

5 GENERAL OBLIGATIONS 14

6 SUPERVISORS AND ALTERNATE SUPERVISORS 15

7 USE OF FACILITIES AND RESOURCES 16

8 FOOD AND ACCOMMODATION 16

9 WORK ALLOCATION 16

10 ISSUES AFFECTING STUDENT / EDUCATION PROVIDER SUPERVISOR PERFORMANCE 17

11 NUMBER OF PLACEMENTS 19

EDUCATION PROVIDER’S OBLIGATIONS 20

12 GENERAL OBLIGATIONS 20

13 PLACEMENT FEEDBACK 22

14 STUDENT OBLIGATIONS 23

15 SHARED OBLIGATIONS OF THE PARTIES 26

INFORMATION AND SECURITY 26

16 CONFIDENTIAL INFORMATION 26

17 PERSONAL INFORMATION 27

18 INTELLECTUAL PROPERTY 28

OTHER OBLIGATIONS 30

19 PLACEMENT SCHEDULES 30

20 RECORDS 30

21 PAYMENT 31

22 GST 31

23 SECURITY AND ACCESS 32

24 INSURANCES 32

25 INDEMNITY 34

26 DISPUTE RESOLUTION 35

27 TERMINATION 35

Student Placement Deed (Version 3)

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28 LEGAL RELATIONSHIP 35

29 ASSIGNMENT AND NOVATION 36

30 CONTACT PERSONS AND NOTICES 36

31 GOVERNING LAW 37

32 SEVERABILITY 37

33 VARIATION 37

34 WAIVER 37

35 COSTS 37

36 FURTHER ASSURANCES 38

37 NATIONAL HEALTH REFORM 38

38 CLAUSES SURVIVING THIS DEED 38

39 ENTIRE DEED 38


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Student Placement Deed

Between The State of Queensland acting through Queensland Health

ABN 66 329 169 412 (Department)

And

[Insert Education Provider’s Name] ABN [Insert ABN] (Education Provider)

1 Background

1.1 Student Placements form an essential part in the education of Students in many health disciplines.

1.2 The Department and the Education Provider recognise the importance of the role each party plays in educating Students to enable them to participate in the workforce.

1.3 The Department and the Education Provider have entered into this Deed to provide an overarching framework under which Students can undertake Student Placements.

1.4 Placements are to be undertaken:

(a) at public sector health facilities that are owned by or substantially operated for the benefit of, the State of Queensland;

(b) in conjunction with and under the supervision of health professionals who are employed by, or officially authorised to represent the Department for purposes related to the Placement; and

(c) to help Students satisfy practical training requirements related to their course or module of study in which they are enrolled with the Education Provider.

1.5 Any Placements undertaken as a consequence of this Deed are to be carried out and completed in accordance with the terms of this Deed.

1.6 The Parties agree that Placements arranged pursuant to this Deed will not commence until 1 January 2017.


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THE PARTIES AGREE AS FOLLOWS

2 Definitions and Interpretation

Definitions

2.1 In this Deed the following definitions apply:

(a) Act: means the Health Practitioner Regulation National Law Act 2009 (Qld).

(b) Alternate Supervisor: means a health professional for and on behalf of Queensland Health who is:

i appropriately qualified, registered and/or credentialed under the Policy and Guidelines to supervise Student Placements; and

ii is nominated in the Placement Schedule as the person responsible for undertaking supervision duties for the Placement in the absence of the Supervisor.

(c) Blue Card: means a blue card issued under the blue card system administered by the Public Safety Business Agency or other such department, agency or body responsible for the administration of the blue card system from time to time.

(d) Business Day: means any day that is not a Saturday, Sunday or public holiday at the Facility in Queensland where the Placement is based or at the Education Provider campus of the Student undertaking the Placement.

(e) Claim: includes (and is not limited to) any claim, action, demand, application, proceeding, judgment, enforcement hearing and enforcement order.

(f) Commencement Date: means the date this Deed is signed by the last party to execute it.

(g) Commercialisation: means to develop, manufacture, sell, hire or otherwise exploit for financial gain or other advantage (whether directly or through a third party) any:

i product;

ii process or information;

iii service;

iv licence or sub-licence;

v joint venture; and

vi any other arrangement that is similar to those contained in sub-paragraphs i - v.

(h) Completion Date: means 31 December 2021.


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(i) Confidential Information: means any information which by its nature is confidential, is received on the understanding that it is confidential, or is marked as being confidential. Confidential Information may include:

i. information about clinical processes, policies and procedures, commercial operations, financial arrangements or affairs of Queensland Health;

ii. Personal Information;

iii. information which identifies or relates to patients and staff; and

iv. Records;

v. confidential information as that term is defined in section 139 of the Hospital and Health Boards Act 2011 (Qld),

but does not include:

vi. information that is publicly known for reasons other than as a result of the receiving party’s breach of this Deed; or

vii. any other information that is received by the receiving party through a third party and which is not governed by an obligation of confidence.

(j) Criminal History Checks: means criminal history checks that:

i are to be undertaken in accordance with the Queensland Health policy that addresses criminal history checking (as amended from time to time); and

ii unless otherwise agreed, are to be undertaken by Queensland Health at Queensland Health’s cost.

(k) Deed: means this deed, any Placement Schedules, or any other schedules and attachments to this Deed.

(l) Department: means the State of Queensland acting through Queensland Health and any officers, employees, agents and contractors of the Department excluding the Hospital and Health Services.

(m) Department Contact Person: means:

i the Department representative nominated by the Department in clause 30.1 as the person responsible for higher level issues in relation to this Deed on behalf of the Department; and

ii any replacement person that is nominated by the Department.

(n) Education Provider: means the education institution or body who:

i is a party to this Deed; and


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ii responsible for providing the course or module of study to which the Placements relate,

and includes all employees, agents, and contractors of the Education Provider.

(o) Education Provider Contact Person: means:

i the person nominated by the Education Provider in clause 30.1 for higher level issues in relation to this Deed on behalf of the Education Provider; or

ii any replacement person that is nominated by the Education Provider.

(p) Education Provider Placement Contact Person: means:

i the person nominated by the Education Provider and in the Placement Schedule as the contact person on behalf of the Education Provider for issues with respect to each Student Placement; or

ii any replacement that is nominated by the Education Provider.

(q) Education Provider Supervisor: means a health professional who is:

i appropriately qualified, registered and/or credentialed under the Policy and Guidelines to supervise Student Placements; and

ii has been nominated by the Education Provider in accordance with clause 6.2.

(r) Externally Enrolled Scholar: means a person who holds a visa issued under the Migration Act 1958 (Cth) allowing the person to undertake the Placement as an overseas student and is enrolled as health professional student with an overseas university which has negotiated placements details with a Queensland university holding a current Student Placement Deed with the Department

(s) Facility: means a public sector hospital, community based health service or other facility or service run by a Hospital and Health Service or within the Department which the Student attends for the purposes of the Placement.

(t) Facility Contact Person: means the person described in each Placement Schedule as the contact person for all communication and notices between Queensland Health and the Education Provider Placement Contact Person about:

i management and administration matters which affect the Facility and its involvement in the Placement; and

ii other issues arising which impact the Facility’s ability to participate in the Program,

and includes any replacement person nominated by the Department.

(u) Force Majeure Event: means any act or omission beyond the reasonable control of the Department including:


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i. any physical natural disaster including fire, flood, lightning or earthquake;

ii. war or any other state of armed hostilities (whether war is declared or not), including insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;

iii. epidemic or quarantine restriction;

iv. ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;

v. confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;

vi. strike, lock-out, stoppage, labour dispute or shortage including industrial disputes;

vii. significant budgetary or financial changes adversely affecting the operational requirements of the Facility and/or the Department; and

viii. any change to the composition of government at a Federal, State or Local government which adversely affect the Program.

(v) GST Law: means A New Tax System (Goods and Services Tax) Act 1999 (Cth), any regulations passed under that Act or any rulings or determinations made by the Australian Tax Office about its interpretation.

(w) Hospital and Health Service: means the statutory bodies:

i described as such;

ii created under the Hospital and Health Boards Act 2011 (Qld); and

iii responsible for delivering health services within certain geographical boundaries within Queensland.

(x) Inappropriate Conduct: means:

i Notifiable Conduct;

ii unsatisfactory conduct;

iii unsatisfactory performance;

iv unprofessional conduct;

v conduct which amounts to an essential breach of this Deed;

vi any other matter Queensland Health considers is likely to affect the Student’s or Education Provider Supervisor’s (as applicable) ability to successfully participate in the Program, including:


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A not being adequately insured in accordance with this Deed if an Externally Enrolled Scholar;

B not following any reasonable and lawful direction of Queensland Health;

C engaging in the unsupervised treatment of patients or any other unsupervised clinical duties;

D performing activities that are outside the scope of the Placement;

E not exercising due care, skill and judgment that could reasonably be expected of a Student or Education Provider Supervisor (as applicable) on Placement in the performance of the Placement; and

F breach of confidentiality or privacy including breach of clause 16 or 17, which may include accessing of patient, staff or other Records, except for those Records which are directly relevant to the activities and tasks they have been allocated as part of their Placement.

(y) Intellectual Property Rights: means all registered and unregistered rights in Australia and throughout the World for:

i copyright;

ii trade or service marks;

iii designs;

iv patents;

v semiconductors or circuit layouts;

vi source codes and object codes;

vii trade, business or company names;

viii indications of source or appellations of origin;

ix trade secrets;

x know-how and confidential information;

xi the rights to register any of the above; and

xii the right to bring an action for the infringement of any of the above;

but excludes Moral Rights.

(z) Law: means any applicable Federal, State or Local Government statute, regulation, ordinance that is in force.


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(aa) Loss: includes (and is not limited to) any loss, liability, tax, prohibition, penalty, fine, expense, injury or damage to persons or property.

(bb) Material: means any material, including but not limited to original works, documents, computer software and data stored by any means.

(cc) Moral Rights: has the meaning given to it in section 189 of the Copyright Act 1968 (Cth).

(dd) National Health Reform: means legal arrangements that are to be introduced by the Federal and State Governments as part of the framework for National Health and Hospital Reform (as announced by the Federal Government in the 2009-2010 financial year).

(ee) Non Commercial Purposes: means:

i in respect of the Department or Hospital and Health Services, for the purposes of performing functions under the Hospital and Health Boards Act 2011 (Qld), and includes, public health and governmental purposes of Queensland Health and any statutory bodies established under the Hospital and Health Boards Act 2011; and

ii in respect of the Education Provider, for university purposes of the Education Provider,

excluding any Commercialisation.

(ff) Notifiable Agency: means the agency or body to whom notifications are made in accordance with the Act.

(gg) Notifiable Conduct: means conduct as referred to in clause 10.7.

(hh) Patient: means a person or persons who receive(s) a health care service provided by a Facility, including persons receiving health care services at a location other than the Facility, including at a person’s home.

(ii) Patient Treatment Records: means a Patient and/or associated administrative record in paper or electronic format (inclusive of assessment/test results and appointment information) which identifies and contains Personal Information about:

i a Patient; or

ii group of patients (as the case may be).

(jj) Personal Information: has the same meaning given in section 12 of the Information Privacy Act 2009 (Qld) which at the date of this Deed 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 an individual whose identity:

i is apparent; or

ii can reasonably be ascertained;


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from the information or opinion.

(kk) Policy and Guidelines: means Queensland Health’s policy, guidelines, standards, protocols and other documents for the Program (as amended from time to time) which is to be found in the Student Placement section of the Department’s website at http://www.health.qld.gov.au and the respective HHSs’ website.

(ll) Placement: means clinical or other health education:

i related to a course or module of study provided by the Education Provider;

ii other than placement for the purposes of conducting research (for example, for a PhD or Masters degree);

iii is completed by the Student in a Facility as part of the Student’s course or module of study;

iv that is to be organised by the Education Provider Placement Contact Person and Queensland Health;

v that is to be documented in the form of a Placement Schedule; and

vi that must be carried out and completed by the Students and managed by the parties in accordance with the terms of this Deed.

(mm) Placement Schedule: means the Placement Schedule that is substantially in the form attached to Schedule 1 (as amended from time to time) and which is:

i to be completed by the Education Provider Placement Contact Person in consultation with Queensland Health; and

ii to outline any other commercial and/or practical arrangements that may apply to Student Placements.

(nn) Program: means the Student Placement Program offered by Queensland Health which involves Students undertaking supervised practical training:

i at Facilities; and

ii under appropriate supervision arrangements,

as part of their course or module of study with the Education Provider, or in the case of an Externally Enrolled Scholar with their university.

(oo) Queensland Health: means the Department and the Hospital and Health Services (as relevant).

(pp) Queensland Health’s Infection Prevention Control Guidelines: means:

i NHMRC The Australian Immunisation Handbook; and

http://www.health.qld.gov.au/


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ii any directive, policy or guideline adopted by the Department or a Hospital and Health Service from time to time relating to infection control or vaccination.

(qq) Records: means all material including books, documents, information, computer software, equipment, and data stored by any means disclosed, or made available in connection with the performance of this Deed and includes Patient Treatment Records.

(rr) Student: means any health professional student who:

i is enrolled in a course or module of study with the Education Provider; or

ii is an Externally Enrolled Scholar;

and undertakes a Placement in accordance with the terms of this Deed.

(ss) Student Deed Poll means the document of that name (or similar) and any schedules or attachments which a Student must complete prior to Placement.

(tt) Student Material: means any material, including but not limited to original works, documents, computer software and data stored by any means created in whole or in part by a Student whilst on Placement.

(uu) Student Orientation: means any document or process on the Department’s website at http://www.health.qld.gov.au as amended from time to time that is intended to familiarise the Student with various aspects of the Placement including:

i occupational health and safety requirements;

ii rules for the use of Facilities and resources belonging to Queensland Health;

iii the Policy and Guidelines; and

iv any other obligations under this Deed or the Placement Schedules that will apply to the Student during the Placement;

and which is to be undertaken before the commencement of the Student’s first, and if required by Queensland Health, subsequent Placement.

(vv) Supervisor: means a health professional for and on behalf of Queensland Health who is:

i appropriately qualified, registered and/or credentialed under the Policy and Guidelines to undertake supervision duties in relation to Placements; and

ii is nominated by the Facility Contact Person as the person responsible for supervising activities undertaken during the Placement.


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(ww) Supervisor Deed Poll: means the document of that name (or similar) and any schedules or attachments which a Supervisor must complete prior to the relevant Placement.

(xx) Term: means from the Commencement Date until the Completion Date.

Interpretation

2.2 In this Deed (unless the context otherwise requires):

(a) words importing a gender include any other gender;

(b) words in the singular include the plural and vice versa;

(c) all dollar amounts refer to Australian currency;

(d) a reference to any legislation includes any subordinate legislation made under it and any legislation amending, consolidating or replacing it;

(e) a reference to an individual or person includes a corporation, authority, association, joint venture (whether incorporated or unincorporated), partnership, trust or other legal entity;

(f) a reference to a document (including this Deed) is to that document as varied, novated, ratified or replaced from time to time;

(g) a reference to “notice”, “notify” or “nominate” means a written notice , written notification or written nomination;

(h) a reference to “consent” means prior written consent;

(i) a reference to “includes” in any form is not a word of limitation;

(j) clause headings have been included for convenience only and are not intended to affect the meaning or interpretation of this Deed;

(k) if any expression is defined, other grammatical forms of that expression will have corresponding meanings; and

(l) if there is any inconsistency between:

i the operative provisions in this Deed; and

ii any schedules, attachments to the operative provisions or any document incorporated into the Deed,

the operative provisions in this Deed will prevail to the extent of any inconsistency.

3 Term


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3.1 This Deed operates for the Term unless it is subject to an earlier termination under clause 27.

4 Scope

4.1 To remove doubt, this Deed does not apply to Students who are:

(a) employees of Queensland Health; and

(b) undertaking a Placement for purposes related to their employment with Queensland Health.

DEPARTMENT’S OBLIGATIONS

5 General Obligations

5.1 Subject to this Deed, the Department agrees to:

(a) take reasonable steps to work with the Education Provider for purposes related to the Program;

(b) provide the Education Provider Placement Contact Person with such information it reasonably requires to enable it to complete each Placement Schedule;

(c) nominate the relevant contact persons for the Department including:

i the Supervisor;

ii the Alternate Supervisor where an Alternate Supervisor has been appointed;

iii the Facility Contact Person; and

iv such other persons nominated by the Department as a contact person for a particular Placement;

(d) have persons acting on its behalf (including persons from the relevant Hospital and Health Services) take reasonable steps to cooperate with and assist the Education Provider and the Student to help each Student meet any learning objectives (including those which relate to assessment);

(e) make available:

i the terms of this Deed;

ii the Policy and Guidelines;

iii information the Education Provider requires for the Student Orientation; and

iv rules, policies, procedures, manuals and other information the Education Provider requires about the Program, Facility or each Placement;


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when it is reasonable and appropriate to do so to enable the Education Provider to meet its obligations under the Deed (including notifying the Education Provider of any changes to Student Orientation);

(f) cooperate with the Education Provider and the Student for the purpose of providing feedback or input on all or any part of the Placement, having regard to:

i the Policy and Guidelines; and

ii any other reasonable requirements nominated by the Education Provider (subject to receiving notice of these reasonable requirements);

(g) ensure that all health professionals responsible for the supervision of the Student during the Placement comply with:

i this Deed;

ii the Policy and Guidelines; and

iii any Laws which may apply to activities undertaken during the Placement;

(h) notwithstanding the Education Provider’s obligation to carry out Student Orientation, give each Student access to any rules, policies, procedures and manuals required for:

i the use and operation of the Facility;

ii the use and operation of any resources belonging to Queensland Health; or

iii the provision of any services by Queensland Health which relate to activities connected with the Placement;

(i) comply with all other applicable obligations under this Deed; and

(j) act in good faith in its dealings with the Education Provider under this Deed.

6 Supervisors and Alternate Supervisors

6.1 For each Placement (and in consultation with the Education Provider Placement Contact Person) the Department (including via a Hospital and Health Service) will provide Students with:

(a) a Supervisor; and

(b) where possible an Alternate Supervisor in the event that the Supervisor is not available.

6.2 Where the Education Provider:

(a) would like to use a Supervisor or an Alternate Supervisor for a Placement; and


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(b) that Supervisor or Alternate Supervisor is not an employee, agent or contractor of Queensland Health,

the Education Provider warrants that at all times, any Supervisor or Alternate Supervisor to which paragraph 6.2 applies:

(c) will be made fully aware of the Education Provider’s, the Student’s and their own obligations under this Deed before supervising any Placements; and

(d) will comply with this Deed at all times inclusive of completion of, and compliance with, the Supervisor Deed Poll.

6.3 Where the Education Provider would like to use a Supervisor or Alternate Supervisor pursuant to clause 6.2, the Education Provider will be liable for the acts and omissions of the Supervisor or Alternate Supervisor.

7 Use of Facilities and Resources

7.1 Subject to this Deed and for activities directly related to the Placement, the Department will allow Students and any Supervisors and/or Alternative Supervisors who are not employees of Queensland Health to:

(a) attend the Facility;

(b) access and use equipment and resources at the Facility (subject to their availability) including:

i access to conference rooms, facilities for teaching and debriefing;

ii access to lockers and change rooms providing these facilities are needed for the Placement and available; and

iii any other equipment and supplies that may be required;

(c) access to both Patients allocated under clause 9 and Personal Information belonging to Patients, to the extent required for the purposes of the Placement.

8 Food and Accommodation

8.1 Before commencing each Placement, the Department (at its discretion) may agree for the duration of the Placement that the Department or a Hospital and Health Service will:

(a) provide the Student with access to meals and accommodation during the Placement; and

(b) require the Student to pay for meals and accommodation,

subject to alternative arrangements being negotiated with the Education Provider.

9 Work Allocation


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9.1 The Supervisor and/or Alternate Supervisor may allocate Patients and other work to Students during the Placement subject to:

(a) any reasonable conditions imposed by Queensland Health;

(b) the consent and needs of Patients; and

(c) the level of competence of each Student; and

(d) consideration of any reasonable learning requirements of the Student as advised by the Education Provider which are reasonably acceptable to Queensland Health.

9.2 Students may also have access to Personal Information belonging to patients that is relevant to their activities under paragraph 9.1 subject to:

(a) the completion of Student Orientation and the signing of and compliance with the provisions of the Student Deed Poll;

(b) appropriate supervision arrangements being in place;

(c) any directions given by Queensland Health; and

(d) the terms of this Deed.

9.3 Despite paragraphs 9.1 and 9.2, Queensland Health will at all times be responsible for:

(a) the standard and quality of care provided to Queensland Health’s Patients; and

(b) any decisions in relation to their care and treatment.

9.4 The parties acknowledge that Students are to be treated as being in excess of the required number of Facility staff to operate the Facility and are not to be used for purposes of filling a Facility position, to relieve Facility workloads or replace absentee Facility staff.

10 Issues affecting Student / Education Provider Supervisor Performance

Inappropriate Conduct

10.1 If a Student or Education Provider Supervisor engages in any conduct during the Placement that amounts to Inappropriate Conduct, the Department must immediately give the Education Provider Placement Contact Person written notice which includes:

(a) the Student’s or Education Provider Supervisor’s (as applicable) details;

(b) a brief explanation of how Queensland Health believes the Student or Education Provider Supervisor (as applicable) has engaged in Inappropriate Conduct; and

(c) any recommendations as to how Queensland Health believes the Education Provider should address the issue with the Student or Education Provider Supervisor (as applicable).


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10.2 Despite any other right or remedy available to the Department (and upon giving notice under paragraph 10.1) Queensland Health may at any time:

(a) suspend or terminate a Placement;

(b) require a Student or Education Provider Supervisor (as applicable) to both leave and cease attending the Facility; and

(c) cease access of the Student or Education Provider Supervisor (as applicable) to Queensland Health Facilities either temporarily or permanently,

upon having evidence of Inappropriate Conduct by the Student or Education Provider Supervisor (as applicable).

10.3 To remove doubt, although the Department may:

(a) give notice under paragraph 10.1;

(b) take further action under 10.2; and

(c) also exercise any other right or remedy available under Deed,

with the exception of paragraph 10.4, it is the Education Provider who is responsible for taking any further disciplinary action it considers necessary against any Student or Education Provider Supervisor (as applicable) who has engaged in Inappropriate Conduct.

10.4 The parties acknowledge that, in the case of Externally Enrolled Scholars, the Education Provider may refer any matter arising under paragraph 10.3 to the Externally Enrolled Scholar’s home university for this university to take any further disciplinary action that it considers necessary against the Externally Enrolled Scholar.

10.5 If the Education Provider is aware of any of the following matters in respect of a Student, to the extent permitted by law, the Education Provider must give notice of the matters to the Facility Contact Person at least 10 days prior to the commencement of the Student’s Placement:

(a) the Student has been disciplined in respect of any unsatisfactory conduct or unsatisfactory performance in respect of the Student’s studies with the Education Provider;

(b) the Student has engaged in any Inappropriate Conduct in respect of any Placement undertaken by the Student or any placements with entities other than Queensland Health; and

(c) the Student has been the subject of a notification to a Notifiable Agency pursuant to the Act.

Notifiable Conduct

10.6 Queensland Health is bound by:

(a) the Act; and

(b) the mandatory notification requirements under Part 8 of that Act.


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10.7 If a Student:

(a) is participating in a Placement for a health profession or occupation that is governed by the Act; and

(b) engages in conduct that meets the definition of Notifiable Conduct in section 140 of the Act,

that will be Notifiable Conduct to the Notifiable Agency.

Other Issues

10.8 In addition to any other right or remedy available to Queensland Health, Queensland Health may:

(a) refer a Student onto the Education Provider Placement Contact Person;

(b) require a Student to both leave and cease attending a Facility; and

(c) terminate a Placement,

or exercise any of the above rights it considers appropriate in the event a Student:

(d) does not have the minimum English skills generally required for the Placement (which is to be determined by having regard to the duties performed during the Placement); and

(e) in the Department’s view (only after consultation with the Education Provider), has not completed the minimum theoretical components in the Student’s course or module of study.

11 Number of Placements

11.1 Despite any other provision in this Deed, the Department (at its discretion and without any liability whatsoever) reserves the right to determine, and if necessary reduce the number of Placements available or able to be offered for any time because of:

(a) a Force Majeure Event;

(b) insufficient or unavailable staff;

(c) other issues directly affecting the availability or suitability of Facilities and resources;

(d) other policy directions or competing priorities of Queensland Health; and

(e) any other issue the Department considers will affect its ability to continue offering the Program.

11.2 If a Placement which has already been organised is affected for reasons described in paragraph 11.1:

(a) the Department must give the Education Provider Placement Contact Person written notice of its change within seven (7) days of becoming aware of its existence; and


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(b) where possible, each party must use its best endeavours to make alternative arrangements for the Placement.

EDUCATION PROVIDER’S OBLIGATIONS

12 General Obligations

12.1 Subject to this Deed, the Education Provider is (and continues to be) primarily responsible for doing all things reasonably necessary to enable Queensland Health to provide the Placements.

12.2 As part of its obligations under paragraph 12.1, the Education Provider is responsible for:

(a) the administration, coordination and completion of its duties and obligations in connection with the Program and each Placement;

(b) any learning objectives the Education Provider would like the Student to achieve and the accuracy of any Student assessment arising out of a Placement, with the exception of Externally Enrolled Scholars whose own university remains responsible for these matters;

(c) ensuring a Placement Schedule is properly completed;

(d) providing such other information Queensland Health requires for the Placements including;

i the details of each Student, the Facility they would like the Student to attend and the proposed dates for attendance;

ii the course or module of study in which the Student is enrolled along with the health profession or occupation to which their Placement relates;

iii if necessary whether this is a health profession or occupation that is regulated under the Act;

iv the scope of the Placement and any learning objectives the Education Provider would like the Student to achieve, and any reasonable assessment reporting the Education Provider would like the Supervisor to carry out during the course of the Placement;

v any clinical experience or skills the Education Provider would like the Student to obtain;

vi as negotiated with Queensland Health, any equipment or resources the Education Provider and/or Student will provide for the Placement (e.g. uniforms and appropriate attire); and

vii any other information Queensland Health considers relevant (e.g. special needs information);

(e) immediately notify the Facility Contact Person if:


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i before the commencement of any Placements, the Education Provider becomes aware of circumstances that will cause a reduction in the total number of Placements required for Students at the Facility (thus making the Department free to make those Placements available to other Students with the Education Provider or another education provider); and

ii during a Placement, the Education Provider becomes aware that a Student becomes ill or is unable to attend the Facility for their Placement for any other reason;

(f) using reasonable endeavours to ensure each Student:

i properly completes Student Orientation (including signing the Student Orientation Checklist forming part of the Student Orientation) and signs the Student Deed Poll before the commencement of their first Placement;

ii is properly informed of any information contained in the relevant Placement Schedule about each Placement; and

iii prior to any subsequent Placement, reviews the Student Orientation materials and Student Deed Poll to ensure that they are familiar with any changes or updates to those materials including processes specifically required by a Facility, and to the extent required, repeat any Student Orientation process;

(g) ensuring each Student is adequately insured in accordance with this Deed before the commencement of each Placement;

(h) all aspects related to development and ongoing provision of assessment and assessment processes connected with the Student’s course or module of study acknowledging that Queensland Health staff including Supervisors and Alternate Supervisors may report formally or informally towards assessment of a Student's performance, practical skills, learning, knowledge or development;

(i) providing each Student with any academic guidance and counselling they may need because of issues arising during the Placement and their course or module of study or in the case of an Externally Enrolled Scholar, referring the Externally Enrolled Scholar to their own university to receive academic guidance or counselling, in accordance with the Education Provider’s policies and procedures and to the extent permitted under applicable privacy legislation, informing the Facility Contact Person of any matters pertaining to the Student that may result in adverse consequences for the Student’s participation in the Placement or for patient safety;

(j) discharges all other applicable obligations under this Deed;

(k) taking all reasonable steps to ensure that at all times, there is full familiarity and full compliance with:

i this Deed, the Student Deed Poll and Supervisor Deed Poll (as applicable);

ii the Placement Schedules and any attachments;


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iii the Policy and Guidelines;

iv any approvals or conditions imposed by the Notifiable Agency or any other applicable professional body; and

v any Laws which may apply to any acts or omission undertaken during the Placement,

vi any of the Education Provider’s policies and procedures as are relevant to the Student undertaking a Placement;

by the Education Provider and the Students and Education Provider Supervisors for whom the Education Provider is responsible;

(l) where applicable, providing all consents and permissions that may be needed to facilitate the delivery of each Placement before the Placement commences;

(m) any disciplinary action it considers necessary for any Students or Education Provider Supervisors who engages in Inappropriate Conduct, or in the case of Externally Enrolled Scholars, referring the matter to the Externally Enrolled Scholar’s own university to undertake disciplinary action; and

(n) notifying the Facility Contact Person, at least 10 days prior to the commencement of a Placement, if a Student is under the age of 18 years as at the commencement of the Placement.

12.3 The Education Provider acknowledges that it:

(a) has read this Deed; and

(b) has made proper investigations and enquiries into its obligations under this Deed and the obligations of its Students and Education Provider Supervisors.

13 Placement Feedback

13.1 At any time, the Education Provider may make enquiries into and formally seek feedback about any Placement from:

(a) the Student;

(b) the Supervisor;

(c) the Alternate Supervisor (if applicable);

(d) the Facility Contact Person; or

(e) such other contact person nominated for Queensland Health in the Placement Schedule.

13.2 The Department agrees that it will provide reasonable assistance to the Education Provider to facilitate the provision of this formal feedback for the purposes of the Education Provider being able to undertake its assessment of its Students (subject to relevant Laws).


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14 Student Obligations

14.1 The Education Provider must use its best efforts to ensure that its Students comply with this clause at all times.

Attending the Facility

14.2 The Student must attend the Facility:

(a) at such times and under such arrangements nominated by the Education Provider Placement Contact Person; or

(b) in any event, (and at the Department’s discretion), at such alternative times as confirmed by Queensland Health during each Placement.

Before Commencing the Placement

14.3 Before commencing each Placement, the Education Provider must ensure that each Student:

(a) is properly informed with respect to their obligations under this Deed;

(b) completes Student Orientation on terms reasonably acceptable to Queensland Health and does not present for Placement until the Student has completed Student Orientation with the Education Provider, completed all prescribed training and signed the Student Orientation Checklist in the Student Orientation and Student Deed Poll. For the avoidance of doubt the responsibility of the Education Provider for Student Orientation is limited to:

i advising the Student of their obligation to complete the Student Orientation and sign the Student Deed Poll;

ii sighting and recording an acknowledgement from the Student that they have completed the Student Orientation and signed the Student Deed Poll; and

iii advising the Student of their obligation to review or in some cases recomplete the Student Orientation prior to any subsequent Placement after the first Placement;

(c) unless the Department agrees otherwise, has access to and complies with the Policy and Guidelines and other policies and directions (including those of a particular Hospital and Health Service or Facility) for:

i immunisation and infection control and the Queensland Health’s Infection Prevention Control Guidelines;

ii working with children (e.g. Blue Card);

iii Criminal History Checks;

iv occupational health and safety including policies about working with hazardous substances or dangerous goods; and


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v any dress and identification requirements when attending the Facility;

(d) satisfies any applicable registration requirements imposed under Division 7 of the Act;

(e) discloses any existing conflicts of interests before the commencement of the Placement;

(f) has the minimum English skills generally required for a person to successfully complete the Placement;

(g) has satisfied the minimal theoretical components of their course or module of study to enable successful completion of the Placement;

(h) if an Externally Enrolled Scholar:

i has the appropriate visa, if required, to undertake the Placement as an overseas student;

ii has or is covered under the types of insurances required pursuant to clause 24.1 which will have effect in Queensland and for the activities of the Student during the Placement;

iii is currently enrolled as a student at a university other than the Education Provider in a health professional course acceptable to the Department; and

iv has provided satisfactory and verified evidence of the above to the Education Provider.

During the Placement

14.4 During the Placement, the Education Provider must also take all reasonable steps to ensure that each Student will:

(a) comply with the Policy and Guidelines at all times;

(b) comply with Queensland Health’s rules, policies, procedures and manuals for the use and/or operation of the Facility and any resources available at the Facility;

(c) exercise due care, skill and judgment of a reasonably prudent Student health care professional while completing all activities connected with the Placement;

(d) perform all activities in a proper and responsible manner that may reasonably be expected of the Student having regard to the health discipline, expected competency, years of study and course level of the Student;

(e) follow any reasonable and lawful direction given by:

i the Supervisor;

ii the Alternate Supervisor;


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iii the Facility Contact Person;

iv the Department Contact Person; or

v any other person nominated by the Department in the Placement Schedule;

(f) not act outside the scope of their Placement;

(g) provide the equipment and resources (for example uniforms and safety equipment) for which the parties agree the Student will be responsible;

(h) unless otherwise agreed, pay for their own travel and accommodation costs associated with the Placement;

(i) carry out activities, procedures and other acts in accordance with the instructions of the Supervisor or the Alternate Supervisor;

(j) promptly report all information and explanations that may be important or relevant to activities undertaken during the Placement to the Supervisor and, in the absence of the Supervisor, to the Alternate Supervisor;

(k) keep proper and accurate Records for any Patient that is treated by the Student;

(l) comply with the Work Health and Safety Act 2011 (Qld) at all times while attending the Facility (including obtaining and wearing appropriate attire);

(m) comply with Queensland Health’s rules, policies, procedures and manuals for the use and operation of the Facility and any resources belonging to Queensland Health;

(n) do all things necessary to ensure that any actual or perceived conflicts of interest are avoided;

(o) comply with all laws governing the use and disclosure of Confidential Information and Personal Information (including Part 7 of the Hospital and Health Boards Act 2011 (Qld)) or any Material which contains Intellectual Property Rights belonging to either the Department or a Hospital and Health Service;

(p) act in the best interests of Queensland Health and not intentionally do anything that may be harmful to Queensland Health’s interests or reputation; and

(q) not act in a manner that may cause Queensland Health to breach its obligations under any Laws.

Relationship between Students and the Department

14.5 Students undertaking Placements:

(a) are not staff, employees, agents or contractors of Queensland Health; and

(b) will only carry out activities connected with the Placement in accordance with directions given by Queensland Health.


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15 SHARED OBLIGATIONS OF THE PARTIES

15.1 Each party acknowledges and agrees that it:

(a) will cooperate with the other party by providing such information reasonably needed by the other party for purposes related to this Deed (subject to any relevant Laws);

(b) will do all things necessary to ensure it does not cause or contribute (either wholly or in part) to any act or omission that amounts to a default under this Deed; and

(c) will act in good faith in its dealings with the other party for purposes related to the Deed.

INFORMATION AND SECURITY

16 Confidential Information

16.1 Each party must ensure that Confidential Information belonging to the other party is kept confidential and is not used or disclosed to any person or for any purpose except when:

(a) disclosure is needed for the performance of this Deed (including disclosure by the Department to the relevant Hospital and Health Service);

(b) disclosure is required or permitted by Law;

(c) in the case of Queensland Health, disclosure is reasonably necessary to comply with:

i Queensland Health policies;

ii any direction or instruction from Queensland Health’s minister; or

iii any other Queensland government requirement;

(d) the other party consents under mutually agreeable terms;

(e) disclosure is made to an adviser of the party under a professional relationship that is governed by an obligation of confidence; and

(f) the information is readily available in the public domain other than by disclosure by the parties contrary to the terms of this Deed or obtained from another source.

For the purposes of this clause 16.1, ‘party’ in relation to the Department includes the Hospital and Health Services.

16.2 Each party must:

(a) immediately notify the other party if it becomes aware of any breach of this clause;


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(b) immediately notify the other party if it is required to disclose Confidential Information under any Law; and

(c) upon receiving a request from the disclosing party (either during the term of this Deed or upon its early termination or expiry) deliver or destroy all documents, Records or files in its possession or control which contain Confidential Information in accordance with the disclosing party’s instructions.

16.3 The Education Provider warrants that the Education Provider and its sub-contractors who are involved in the Program will adhere to and be bound by this clause.

17 Personal Information

17.1 Queensland Health is bound by the Information Privacy Act 2009 and the Hospital and Health Boards Act 2011 and this clause 17 applies if:

(a) the Education Provider and/or Student deals with Personal Information for the Department; or

(b) the activities carried out under this Deed will involve:

i a transfer of Personal Information to the Department; or

ii the provision of services to a third party for the Department.

17.2 The Education Provider and the Student are bound contracted service providers under the Information Privacy Act 2009 as amended from time to time.

17.3 Unless authorised by Law and when dealing with Personal Information under this Deed, the Education Provider and Student must comply with parts 2 and 3 of Chapter 2 of the Information Privacy Act 2009, as if they were the Department.

17.4 Unless authorised by Law and when dealing with Personal Information under this Deed, the parties and the Student must:

(a) ensure that Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;

(b) not use Personal Information other than for the purposes directly related to this Deed;

(c) not disclose Personal Information without the prior written consent of the party that issued it;

(d) not transfer any Personal Information outside of Australia without the prior written consent of the party that issued it;

(e) ensure that access to Personal Information is restricted to those persons who require access in order to perform their duties under this Deed;

(f) ensure that its officers, employees, agents and contractors comply with the same obligations imposed on the parties and/or the Student under this clause;


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(g) fully and promptly cooperate with the other party to enable the other party to respond to any applications or privacy complaints which require access to, or amendment of, a document containing a person’s Personal Information;

(h) immediately notify the other party if a party and/or the Student become aware of any unlawful use or disclosure of Personal Information in their possession or control;

(i) comply with such other privacy and security measures required by the other party as advised in writing from time to time; and

(j) if requested by the other party (or in any event upon the termination or expiry of this Deed) promptly return or destroy any record, document or file which contains Personal Information in accordance with the other party’s instructions.

17.5 Each party or the Student must immediately notify the other party upon becoming aware of any breach under this clause.

18 Intellectual Property

18.1 Existing Material of Parties

(a) The parties acknowledge and agree that ownership of Intellectual Property Rights in the existing Material of each party (Existing Material) will remain with each respective party and the terms and conditions of this Deed will not affect those rights.

(b) Where the Education Provider provides Existing Material of the Education Provider to the Department or a Hospital and Health Service for the purposes of a Placement, the Education Provider grants to the Department and that Hospital and Health Service a royalty-free, non-exclusive licence (including a right of sub-licence) to use, reproduce, and adapt the Existing Material for the purposes of a Placement or to enable the Department and the Hospital and Health Service to perform its obligations:

i under this Deed, but not for Commercialisation, by the Department, unless otherwise agreed between the parties; or

ii perform their functions under the Hospital and Health Boards Act 2011.

18.2 Patient Treatment Records created by Education Provider Staff or Students

(a) The parties agree Intellectual Property Rights in Patient Treatment Records created by Education Provider employees, contractors, agents (Education Provider Staff) or Students will vest in and be owned by the Department.

18.3 Licences - Education Provider Intellectual Property

(a) Where the Education Provider becomes the sole owner of the Intellectual Property in Student Material produced as a result of a Placement, (for example where a Student assigns the Intellectual Property to the Education Provider) the Education Provider grants to the Department and the relevant Hospital and Health Service a permanent, irrevocable, royalty-free, non-exclusive licence (including the right of sub-licence) to use, reproduce, adapt, publish and communicate the Intellectual Property Rights in that Student Material for the Non-Commercial Purposes of the Department or the Hospital and Health Service.


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(b) Subject to any Law or agreement to the contrary, where an activity or task associated with a Placement is undertaken by or on behalf of the Education Provider (excluding Students) then ownership of any new Material created by or on behalf of the Education Provider in the course of undertaking the activity or task (excluding Patient Treatment Records) (Education Provider New Material) will upon creation vest in the Education Provider.

(c) To the extent Education Provider New Material adapts, uses, modifies or incorporates any Existing Material of the Department or the Hospital and Health Service (which for clarity, will only be as permitted by the Department or the Hospital and Health Service), the Department and the Hospital and Health Service grants to the Education Provider a permanent, irrevocable, royalty free, non-exclusive licence (including a right to sub-licence) to use such Existing Material in conjunction with use of the Education Provider New Material.

(d) The Education Provider grants to the Department and the Hospital and Health Service a permanent, irrevocable, royalty-free, non-exclusive licence (including a right of sub-licence) to use, reproduce, adapt, publish and communicate the Intellectual Property Rights in that Education Provider New Material for the Non-Commercial Purposes of the Department and the Hospital and Health Service.

(e) Subject to any agreement to the contrary, and to paragraph 18.4, where an activity or task associated with a Placement is undertaken by or on behalf of the Department or a Hospital and Health Service then ownership of any new Material created by or on behalf of the Department or the Hospital and Health Service in the course of undertaking the activity or task (Department New Material) will upon creation vest in the Department.

(f) To the extent Department New Material adapts, uses, modifies or incorporates any Existing Material of the Education Provider the Education Provider grants to the Department and the Hospital and Health Service a permanent, irrevocable, royalty free, non-exclusive licence (including a right to sub-licence) to use such Education Provider Existing Material in conjunction with use of the Department New Material.

(g) The Department and the Hospital and Health Service grants to the Education Provider a permanent, irrevocable, royalty-free, non-exclusive licence to use, reproduce, adapt, publish and communicate the Intellectual Property Rights in that Department New Material for the Non-Commercial Purposes of the Education Provider.

(h) The Education Provider will not sub-license the Intellectual Property Rights in any Department New Material without first obtaining the Department’s written agreement, which will not be unreasonably withheld.

18.4 Student Material

(a) The Parties acknowledge that where a Student creates Student Material for the sole purpose of assessment related to their course or module of study, the Student will own the Intellectual Property Rights in that Student Material. The Education Provider will do all things reasonably practicable to ensure the Department is granted a perpetual, irrevocable, royalty-free, non-exclusive licence (including a right to sub-licence) to use, reproduce, adapt, publish and communicate the Intellectual Property Rights in such Student Material.

(b) The Parties acknowledge that where a Student creates Material:

i that contains or is based upon Existing Material of Queensland Health;


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ii was produced by the Student in conjunction or consultation with an employee, contractor or agent of Queensland Health;

iii as a result of Queensland Government funding,

the Intellectual Property Rights in the Student Material will vest, on creation, in the Department.

OTHER OBLIGATIONS

19 Placement Schedules

19.1 Upon receiving the relevant information it reasonably requires from the Department, the Education Provider Placement Contact person must:

(a) prepare each Placement Schedule; and

(b) provide each Placement Schedule to the appropriate delegate nominated by the Department in accordance with clause 19.4.

19.2 The Education Provider must ensure that each Student is made familiar with their obligations under the Placement Schedule and any terms that will apply to the Placement because of this Deed.

19.3 The terms of the Placement Schedules and this Deed may be accepted (and hence become legally binding on the Department and the Education Provider) through conduct (e.g. evidence of ongoing correspondence about the Placement from the Education Provider following delivery of the Placement Schedule; Students presenting themselves at the Facility for the Placement).

19.4 The Department will provide to the Education Provider a list of all Queensland Health staff who are delegated to sign the Schedules, and will update this list as changes to delegations and staff occur from time to time.

19.5 In the event that the Education Provider submits a Schedule to Queensland Health in accordance with clause 19.4 and Queensland Health issues the Education Provider with no amendments within ten (10) Business Days, the Schedule will be assumed to be approved by Queensland Health, regardless of whether or not the Schedule is signed by Queensland Health.

20 Records

20.1 To the fullest extent permitted by law, the Education Provider must give the Department reasonable access to any Records:

(a) under the Education Provider’s direction and control; and

(b) which are related to the Program;

for purposes related to the following:

(c) to undertake an inspection and audit of those Records; or


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(d) for any other purpose directly related to this Deed – to determine whether the terms of this Deed have been satisfied.

20.2 The Department must give the Education Provider at least fourteen (14) days written notice before exercising its right of entry under this clause.

20.3 Where access is required under this clause then subject to the reasonable security requirements of the Education Provider as notified to the Department, the Education Provider must:

(a) fully cooperate with the Department; and

(b) not hinder or obstruct the Department,

when the Department is exercising its rights under this clause.

21 Payment

21.1 This clause applies when Queensland Health nominates in the Placement Schedule that payment is required from the Education Provider for Queensland Health’s services in relation to the Placement.

21.2 Subject to clause 21.3 and clause 22 (GST), upon the receipt of a valid tax invoice and in consideration for the services provided by Queensland Health for the Placement, the Education Provider must:

(a) pay the Department any service fee nominated in the Placement Schedule; and

(b) reimburse the Department for any agreed expenses,

within thirty (30) days of receiving a valid tax invoice from the Department.

21.3 In the event that the Education Provider has paid the Department a service fee and a Placement does not proceed in whole or in part, the Education Provider will be entitled to receive a pro rata refund of the fees paid to the Department from the date of cessation of the Placement which will be in full and final satisfaction of all claims against the Department for that matter.

22 GST

22.1 Terms used in this clause have the meaning given to them in GST Law and all amounts payable under this Deed are excluding GST.

22.2 Where services provided under this Deed are:

(a) a taxable supply; and

(b) the consideration for that supply excludes GST,

the recipient must pay an amount equal to the GST in addition to the consideration payable for the supply.

22.3 The amount of GST will be calculated at the prevailing GST rate.


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22.4 If the GST rate is varied, the consideration payable for any supply under this Deed will be varied to reflect the change of rate and any reduction in any other tax, duty or statutory charge connected with the rate change.

22.5 Where GST applies to a supply made under this Deed, the supplier will deliver to the recipient a valid tax invoice or adjustment note at, or before the time payment for the supply is required.

22.6 If an adjustment event occurs in connection with any taxable supply made under this Deed:

(a) the amount payable by the recipient will be recalculated to reflect the adjustment event; and

(b) payment for the adjustment event will be made by the recipient to the supplier or by the supplier to the recipient (as the case requires).

22.7 Where a party is required under this Deed to pay or reimburse an expense or outgoing of another party, the amount to be paid or reimbursed will be the sum of:

(a) the amount of the expense or outgoing less any input tax credits for the expense or outgoing to which the other party is entitled; and

(b) if the payment or reimbursement is subject to GST, an amount equal to that GST.

23 Security and Access

23.1 The Education Provider, when using any Facilities or premises belonging to Queensland Health, must:

(a) comply with all rules, directions and procedures (including those relating to security or workplace health and safety) that are in effect at the premises or facilities;

(b) avoid unnecessary interference with the passage of people and vehicles;

(c) not create a nuisance or any unreasonable noise and disturbance; and

(d) ensure that any Students or other persons involved in the Program comply with sub-paragraphs 23.1(a)-(c).

24 Insurances

24.1 Subject to clause 24.2, the Education Provider must maintain at all times during the Term, the following insurances:

(a) workers’ compensation insurance in compliance with the Workers’ Compensation and Rehabilitation Act 2003 (Qld);

(b) public liability insurance for not less than $20 million per occurrence;


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(c) professional indemnity insurance for not less than $10 million per occurrence and $20 million in the aggregate, such insurance also to be maintained for a period of seven (7) years after the Completion Date;

(d) personal accident insurance with a reputable Australian insurer, Unimutual Limited or via self-insurance, on terms and conditions reasonably available in the market to cover Students in respect of injury sustained or illness arising whilst undertaking their Placement in the Program, including but not limited to injury or illness arising out of or in the course of:

i driving or being a passenger in a vehicle;

ii undertaking activities associated with the Placement at Queensland Health premises; and

iii undertaking activities associated with the Placement at premises not owned or operated by Queensland Health or Hospital and Health Services, including private residences.

24.2 The Education Provider shall provide to the Department, evidence of insurance policies held by it in compliance with its obligations pursuant to paragraph 24.1:

(a) at the commencement of the Term;

(b) as requested from time to time during the Term; and

(c) at any time following the Completion Date in the event of a Claim arising out of any activity undertaken under a Placement or other activity arising out of or in relation to the matters in this Deed.

24.3 The Department acknowledges that the Education Provider may self-insure for all or part of the liabilities and risks that may arise under this Deed, in the event of which the Education Provider must:

(a) provide to the Department proof, to the Department’s satisfaction, of its capacity to discharge any and all liabilities to which it may become subject, in respect of insurance which would otherwise be required under this Deed:

i at the commencement of the Term;

ii as requested from time to time during the Term;

iii at any time following the Completion Date in the event of a Claim arising out of any activity undertaken under a Placement or other activity arising out of or in relation to the matters in this Deed; and

(b) in the event of any change of ownership, management or control of the Education Provider:

i ensure its obligations arising out of the matters the subject of clause 24.1 in respect of which it is self-insured are validly transitioned to the successor entity; and


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ii provide proof to the Department, to the Department’s satisfaction, of those arrangements.

24.4 The Education Provider must also ensure that:

(a) policies held or self-insurance arrangements made by the Education Provider in satisfaction of its obligations under sub-paragraphs 24.1(b) and 24.1(c):

i provide cover for a claim by a Student against the Education Provider; and

ii extend to cover a Student in the event a claim is made against a Student in their individual capacity in respect of a matter arising out of or in connection with the Placement; and

(b) all agents, contractors, subcontractors or third parties engaged by the Education Provider for purposes related to the Program have in place insurance requirements complying with the requirements of paragraph 24.1(a), 24.1(b) and 24.1(c).

25 Indemnity

25.1 To the fullest extent permitted by Law, the Education Provider indemnifies Queensland Health for all Loss resulting from any Claim related to:

(a) any act or omission which amounts to a breach of the Education Provider or the Student’s obligations under this Deed;

(b) any unlawful act or omission connected with the Education Provider or Student’s actual or attempted performance obligations under this Deed;

(c) any neglect or default connected with the Education Provider or Student’s actual or attempted performance obligations under this Deed;

(d) any actual or attempted exercise of rights under this Deed by Queensland Health as a consequence of the Education Provider or Student’s neglect or default; and

(e) all costs (including legal costs on an indemnity basis) that are reasonably and properly incurred by Queensland Health for any breach of sub-paragraphs (a)-(d).

25.2 Liability under this clause will be proportionately reduced to the extent that Queensland Health has contributed to the Loss that is the subject of the Claim.

25.3 To the fullest extent permitted by Law, the Department indemnifies the Education Provider for all Loss resulting from any Claim as a result of:

(a) any negligent or unlawful act or omission by Queensland Health in performing its obligations under this Deed;

(b) any negligent or unlawful act or omission of Queensland Health relating to the Placement of Students; and

(c) any breach of this Deed by Queensland Health.


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25.4 Liability under this clause will be proportionately reduced to the extent that the Education Provider has contributed to the Loss that is the subject of the Claim.

26 Dispute Resolution

26.1 Under this clause, a dispute will have arisen when a party gives notice in writing to that effect to the other party.

26.2 The parties agree to work towards settling any dispute as follows:

(a) by negotiation at first instance (to be carried out in good faith); and

(b) if an acceptable resolution cannot be achieved within fourteen (14) days of commencing negotiations (or such longer period if agreed by the parties) by attending mediation with a mediator approved by the President of the Queensland Law Society.

27 Termination

27.1 A non-defaulting party may terminate this Deed if:

(a) a defaulting party breaches an essential term which cannot be remedied;

(b) a defaulting party breaches any other term which, subject to fourteen (14) days written notice being given by the non-defaulting party, is not remedied on time;

(c) the defaulting party:

i becomes insolvent;

ii become subject to any form of external administration;

iii enters into an arrangement with its creditors or otherwise takes advantage of any laws in force in connection with insolvent debtors; or

iv is wound up either voluntarily or involuntarily;

(d) in the case of the Education Provider:

i the Education Provider has a conflict of interest in respect of this Deed;

ii there is a breach of the insurance obligations under this Deed (including self-insurance obligations);

(e) in the case of the Department, there is a Force Majeure Event which from the Department’s perspective makes it impossible or impractical to continue delivering the Program.

27.2 Either party may terminate this Deed by giving six (6) months written notice of termination to the other party.

28 Legal Relationship


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28.1 The relationship between the Department and the Education Provider or the Department and each Student is:

(a) one of principal and contractor; and

(b) not an employment or agency relationship of any kind,

and as such Queensland Health has no responsibility to pay the Education Provider or any Student for any activities undertaken by them because of this Deed (unless agreed between the Department and Education Provider pursuant to clause 21 of this Deed) .

29 Assignment and Novation

29.1 Subject to this Deed, neither party may assign or novate all or any part of its rights under this Deed without the other party’s prior consent (not to be unreasonably withheld).

30 Contact Persons and Notices

30.1 Any notice under this Deed must be in writing and served by hand delivery or by courier with tracking capabilities, or by email, or by facsimile (confirmed by receipt of the original) to the address, email account or facsimile number for the relevant party receiving the notice. Any notice for higher level issues concerning the Deed must be given and/or exchanged by the following persons:

Education Provider Contact Person

Position:

Address:

Phone:

Fax:

Email: Department Contact Person

Position: Senior Director, Workforce Strategy Branch

Department of Health

Address: PO Box 48

BRISBANE QLD 4001

Phone: (07) 3708 5720

Email: [email protected]

30.2 Any notice or correspondence for operational issues which affect the facilitation and/or delivery of the Student Placements will be given and/or exchanged by the appropriate Contact Persons nominated in the Placement Schedule.

30.3 A notice will be deemed to be given:

(a) if posted – six (6) Business Days after the date of posting;


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(b) if delivered - on the date of delivery;

(c) if faxed - on the date the sender’s facsimile machine notes a complete and successful transmission; or

(d) if emailed - on the date of the email.

30.4 Despite the preceding paragraphs in this clause, any fax or email that is received after 5:00 pm will be deemed to be given on the next Business Day.

30.5 To remove doubt, the Facility Contact Person is the contact person for Queensland Health for day to day enquiries and concerns which relate to individual Placements.

31 Governing Law

31.1 This Deed is governed by the laws of Queensland and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts in that State.

32 Severability

32.1 If any part of this Deed is determined to be invalid, unlawful or unenforceable for any reason, then to the full extent permitted by law:

(a) the offending provision will be severed from the rest of the Deed; and

(b) the remaining terms and conditions will continue to be valid and enforceable.

33 Variation

33.1 This Deed may only be varied in writing by way of a deed of variation that is signed by both parties.

34 Waiver

34.1 A party does not waive a right, power or remedy if it:

(a) fails to exercise the right, power or remedy; or

(b) is delayed in exercising the right, power or remedy.

34.2 A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that right, power or remedy.

34.3 A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

35 Costs

35.1 Each party agrees to pay their own costs associated with the negotiation, preparation and execution of this Deed.


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36 Further Assurances

36.1 Each party must do all things and execute all documents reasonably required to give effect to this Deed.

37 National Health Reform

37.1 The Department may give notice to the Education Provider Contact Person (Novation Notice) confirming this Deed is novated by the Department to one or more Hospital and Health Services (Novatee) as part of National Health Reform.

37.2 Novation of this Deed takes effect from the date specified in the Novation Notice (Novation Date).

37.3 On the Novation Date:

(a) this Deed will be novated so that the Novatee takes the place of the Department under this Deed as though the Novatee has always been a party to this Deed instead of the Department;

(b) the Novatee will be liable to the Education Provider for the performance of all of the Department’s obligations under this Deed (whether those obligations arose before or after the Novation Date); and

(c) the Department will have no further liability under this Deed.

37.4 The Department, Education Provider and Novatee must prepare and enter into such documents necessary and/or required to give effect to any novation under this clause.

38 Clauses surviving this Deed

38.1 The following clauses survive this Deed:

(a) Confidential Information (Clause 16);

(b) Personal Information (Clause 17);

(c) Intellectual Property (Clause 18);

(d) Insurances (Clause 24);

(e) Indemnity (Clause 25); and

(f) Further Assurances (Clause 36).

39 Entire Deed

39.1 This Deed constitutes the entire agreement between the parties and supersedes all prior negotiations, arrangements (written or oral), agreements and deeds between them.


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39.2 By entering into this Deed, the Education Provider confirms that they have not relied on any additional statement, representation, warranty or condition that is:

(a) outside of this Deed; or

(b) imposed by the Department,

in connection with the subject matter of this Deed.


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Signatures Executed as a deed by the Parties on the dates set out below: SIGNED for and on behalf of the STATE ) OF QUEENSLAND acting through ) …………………………………… QUEENSLAND HEALTH by ) (Signature) ) ) ..................................................................... (name) )

..................................................................... (position) ) a duly authorised person, in the presence of: ) ……./……./……. (Date) ……………………………………………. (Signature of Witness) ..................................................................... (name)

..................................................................... (position)

SIGNED for and on behalf of the EDUCATION PROVIDER: …………………………………… ) (Signature) ) ) ..................................................................... (name) )

..................................................................... (position) ) a duly authorised person, in the presence of: ) ……./……./……. (Date) ……………………………………………. (Signature of Witness) ..................................................................... (name)

..................................................................... (position)


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Schedule 1


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STUDENT PLACEMENT PROGRAM PLACEMENT SCHEDULE ITEMS DESCRIPTION

1. Queensland Health (Clause 2.1(k))

State of Queensland acting through Queensland Health

ABN 66 329 169 412

2. Education Provider (Clause 2.1 (n)) [Insert Education Provider's Legal Name and ABN/ACN]

3. Department of Health / Hospital and Health Service (HHS)

[Insert name of Hospital and Health Service or the Department of Health (including the Division within the Department of Health)

ABN [insert ABN of HHS or Department of Health]

[If the parties agree, this Schedule may be arranged at the whole-of- Hospital and Health Service level, rather than at the Facility level]

4. Facility (and if known Unit and Ward) (Clause 2.1(r)

[Insert the name of the Facility or the Division within the Department of Health]

[Insert the name of the Health Facility(s) or Division within the Department of Health to which this Placement Schedule relates and the unit(s) to which Students will attend if applicable]

5. Health Profession or Occupation

[Please insert the health profession or occupation]

[Please note only one Schedule per health profession]

6. Course and Module of Study

[Please insert the course in which the Student is enrolled]

7. Contact Persons (Clauses 2.1, 6, 13.1 and 30)

Education Provider Placement Contact Person

Name: [Insert Details] Address: [Insert Details] Phone: [Insert Details] Fax: [Insert Details] Email: [Insert Details]

Facility Contact Person

Name: [Insert Details] Address: [Insert Details] Phone: [Insert Details] Fax: [Insert Details] Email: [Insert Details]

Supervisor(s) will be nominated by the Facility Contact Person in writing at least ten (10) days prior to the commencement of the Student Placement.

Other Contact Person

Name: [Insert Details] Address: [Insert Details]


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Phone: [Insert Details] Fax: [Insert Details] Email: [Insert Details]

Please note: If you are including more than one facility, please add the additional facility contact persons in the below field:

[Please enter all other Facility(s) contact persons]

NB: Not all of these contact persons will be appropriate or used. If they do not apply or will not be involved in the placements in question, write “Not Applicable” in the relevant field.

8. Model for Supervision (Clause 6)

QH provided supervisor

Education Provider supervisor

QH provided facilitator

Education Provider facilitator

QH preceptor

Education Provider preceptor

Other [Please insert model of supervision] NB: All supervisors, facilitators and preceptors are considered ‘Supervisors’ for the purposes of the Student Placement Deed.

9. Student Details (Clauses 12 and 14)

[Insert Student Details]

NB: If available, please include or provide list of the name and details of each student to which this Placement Schedule relates. If the names and contact details are not available please write “XXX number of Students, the names and contact details for which are to be provided by the Education Provider by [DD/MM/YYYY].

10. Service Fee and Payment Details (Clauses 21 and 22)

[Insert the Service Fee or include the words "Not Applicable" if no Service Fee is payable] (Excluding GST)

NB: If a service fee is payable for the Placement, please remember that there may be some Policy and Guidelines which govern and/or limit how that Service Fee is to be calculated. Please refer to the Policy and Guidelines for further information. Once you have determined the total Service Fee, include the total amount (excluding GST) in the above field. If no Service Fee is payable, write “Not Applicable” in the above field.

11. Placement Details and Timetable

Overall Placement Dates: From xx/xx/xxxx to xx/xx/xxxx

Placement Timetables:

[Please specify placements times for all placements e.g. RBWH 05/05/2012 - 05/06/2012 8am - 5pm]

Normal Start and Finish Times: At such times confirmed by the Education Provider Placement Contact Person and Facility Contact Person or renegotiated during the Placement (as the case may be). It is acknowledged that Students may undertake Placement activities outside the hours noted in this Schedule from time to time with the approval of the Supervisor or the Alternate Supervisor.

12. Schedule Term [Insert Details as to the duration that the Schedule will apply e.g. 3 months, 12 months, 24 months]


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13. Additional Placement information

[Please insert any additional Placement information if required or refer to relevant attachments e.g. pre-placement training requirements, drivers licence, accommodation options and/or accommodation payment requirements, university handbooks. Please note if students will be driving a Queensland Health vehicle as part of their Placement and, if so, note the personal accident insurance coverage held in respect of the Student.]

SIGNED by the Hospital and Health Service under an INSTRUMENT OF DELEGATION for and on behalf of the STATE OF QUEENSLAND acting through QUEENSLAND HEALTH by its delegated officer Signature

Full name and designation Date: ....../....../...........

SIGNED for and on behalf of the EDUCATION PROVIDER

Full name and designation

Date: ....../....../...........

Student Placement Deed - Queensland Health · university holding a current Student Placement Deed...

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Transcript of Student Placement Deed - Queensland Health · university holding a current Student Placement Deed...