This agreement supersedes all previous agreements, both in writing and orally and any otherarrangements that were in place prior to the execution of this agreement.
The Contractor shall, during the Term of Agreement carry out such work and services as is requested byWestmont from time to time in a conscientious, expeditious and professional manner. Where theContractor is required to provide or utilise materials, such materials shall be suitable for the work and shallbe maintained by the Contractor in good working condition and in accordance with OH&S legislation.
The contractor must not subcontract or assign any services within this agreement without the expressapproval of Westmont
Westmont reserves the right to enter into agreements with other contractors providing the same or similarservices as nominated in this agreement by the contractor
Westmont will not be bound to request the contractor to provide any or a particular number of servicesduring the period of this agreement.
The contractor agrees to comply with Westmont’s contractors’ package, including providing details of anyhealth or medical condition or deterioration of a client within 24 hours of the visit or provision of service tothe client. This includes completing a feedback form to Westmont about the client’s condition.
The Contractor shall advise Westmont of any risks identified in performing the contracted service and putin place strategies to mitigate the risks. All risks, incidents, including near misses, and injuries should bereported to Westmont within 24 hours.
Westmont will provide the Contractor with a Service Request, referral or roster with the necessaryinformation to provide goods and services requested by Westmont.
The Contractor will agree to abide by the policies and procedures of Westmont and agree to work withinthe boundaries of the job and to respect confidentiality.
The Contractor warrants that it, its employees and agents are competent and have the necessary skills tocarry out the services requested by Westmont.
Where the contractor provides home care brokerage services to Westmont clients at the direction of Westmont, Westmont shall stipulate to the Contractor providing brokerage services the type and nature ofservices to be provided to Westmont clients. This includes the client’s name and address, nature anddescription of service, commencement and completion date of the service, dates and times of the service, number of service hours to be delivered and other necessary information to ensure the contractor/broker can perform the service satisfactorily. If the contractor providing brokerage services to a Westmont clientneeds to change a date/time of the service for any reason the contractor must notify and seek approvalfrom Westmont.
The Contractor shall affect all insurance required to be affected by law. Without limiting the generalityhereof, the Contractor shall arrange all necessary Profession Indemnity cover to a minimum amount of$2million, as well as Public Liability and product liability insurance to the value of $20 million and WorkersCompensation with respect to its employees.
The Contractor shall be responsible for and shall indemnify Westmont against liability for all loss, damageor injury to persons or property caused by the Contractor, or its employees or agents and the amount of allclaims, damages, costs and expenses which may be paid, suffered or incurred by Westmont in respect ofany such loss, damage or injury shall be made good at the Contractors expense and may be deductedfrom any monies due or becoming due to the Contractor.
Throughout the continuance of the agreement, the Contractor shall conform at its own cost and expensewith all Acts of both Federal and State Parliaments and all regulations, by-laws, ordinances or orders madethereunder and the lawful requirements of public, municipal or other authorities so far as the same mayaffect or apply to the Contractor or the works carried out by the Contractor. The Contractor shall indemnifyWestmont from and against all actions, costs, charges, claims and demands in respect thereof.
The Contractor is responsible to ensure that the contractor and all his/her employees, providing services toWestmont clients under unsupervised conditions, have a current National Criminal History Check, and aStatutory Declaration which disclosures no serious offences committed in Australia or overseas. Suchchecks must not record that any staff employed by the contractor has been convicted of murder, sexualassault or any other form of assault. Police checks remain current for a 3 year period and the contractor isresponsible for maintaining current police checks in relation to its staff
The Contractor and its employees will sign a Confidentiality Agreement and Statutory Declaration at thetime of engagement with Westmont. The signed Statutory declaration will declare that the contractor andits employees have never been convicted of murder, a sexual assault or any form of assault; and that thecontractor and its employees have never been subject to improper or unprofessional conduct or aninvestigation relating impropriety or misconduct.
The Contractor will provide invoices weekly or within three working days prior to the end of the month.
Any information accumulated by the Contractor (confidential information) shall at all times remain the soleand exclusive property of the client and shall only be used for the purposes of providing a service to theclient.
The Contractor will only use the confidential information in relation to the services and will not otherwise divulge or disclose for any purpose whatsoever, unless required by law, or with the prior written consent ofWestmont.
The Contractor shall maintain records of COVID 19 and Influenza vaccinations for all its staff. This includesdocumentation showing that all its employees have had at least two COVID 19 vaccinations and an annualinfluenza vaccination. Employees of the contractor who are not vaccinated against COVID 19 and theannual influenza virus will require a written exemption signed by a medical practioner. The contractor shallkeep records of any such immunization exemptions relating to its staff and make them readily available toWestmont if requested.
The Contractor will: Follow Westmont specific policies and procedures at the direction of Westmont during a pandemic, including wearing Personal Protective Equipment (PPE). Ask the client the relevant screening questions before entering the client’s home and obtain a negativeresponse to all questions before entering the client’s home. The contractor shall advise Westmontimmediately if a client answers yes to any of the screening questions Report immediately to Westmont if an employee of the contractor, is unwell or is diagnosed with areportable disease or virus
Equipment purchased, leased or hired by the Contractor shall be safe and maintained in accordance withmaintenance and manufacturer’s requirements.
Substances shall not be brought into Westmont’s premises unless a Safety Data Sheet is available, andapproval given by Westmont or a delegated authorised person.
Nothing contained herein shall constitute a relationship of partnership or employer and employee betweenthe parties to this agreement.
This agreement shall be construed and take effect in accordance with the laws of the State of Victoria. Each of the parties hereto submits to the jurisdiction of the courts of Victoria or relevant state or local courtor tribunal that has jurisdiction to hear the matter.
Either party may terminate this agreement at any time during the Term, by giving written notice oftermination to the other party, upon the happening of any one or more of the following events:
(a) Where the other party is an individual, he/she commits an act of bankruptcy or is declared bankrupt orinsolvent or his/her estate otherwise becomes liable to be dealt with under any law relating tobankruptcy and/or insolvency.
(b) Where the other party is a company, a resolution is passed, or Court order made for the winding up ofthat party or an administrator is appointed to the party pursuant to any relevant law:
(c) A receiver or manager or receiver and manager is appointed to the assets or undertaking of the otherparty or any part thereof; or
(d) The date of expiry without rectification of a notice referred to in this paragraph, that is to say:
I. If the other party fails duly and punctually to carry out any obligation on its part to be performed orobserved pursuant to this agreement; and
II. The failure is not rectified within 7 days after service of a written notice on the other party specifyingthe nature of the failure and directing the other party to whom the notice is addressed to rectify thefailure or cause the failure to be rectified. And upon service of such notice of termination this agreement will be deemed terminated. Either party may at any time during the Term of this agreement, terminate this Agreement upon givingat least 2 weeks written notice of termination to the other party and upon the expiration of the period of2 weeks, the Agreement will be deemed terminated.
Notwithstanding anything herein contained to the contrary, Westmont may terminate this agreement at anytime and without prior notice should the Contractor, its employees or agents be guilty of any dishonesty, serious misconduct or serious neglect of duty or be in breach of any of the terms of this agreement orrefuse to comply with any reasonable instructions or directions given by Westmont or delegated authorisedperson.
Westmont may at any time by notice in writing to the Contractor require the Contractor to cease permittinga particular person or persons employed by it to be engaged in carrying out work which the Contractor isperforming for Westmont pursuant to this agreement, and in such event, the Contractor shall as soon as ispracticable cease to provide the service of such person or persons in or about the premises of Westmontclients and shall provide the services of such alternative person or persons as may be acceptable toWestmont.
If the Contractor is not able to provide the goods or services as requested, he/she should notify Westmontduring the week the services are to be delivered. This will allow Westmont to reschedule services oralternatively reallocate contract work to other contractors.
During this agreement, the contractor shall not attempt to canvas, solicit or entice a Westmont client toterminate their service with Westmont.
The contractor must comply with the wages and superannuation requirements under the state and federallaws for its employees and Westmont will not be responsible for any payments the contractor’s employeesare entitled to.
Should a client in which the contractor is providing brokerage or contractual services to, suffers an adverseevent during the provision of services, the contractor shall provide immediate feedback to Westmontrelating to the client’s medical condition and welfare. An adverse event is a serious condition thatendangers the client or is likely to cause harm to the client or may require the client to access emergencymedical services.
A contractor providing a scheduled visit to a Westmont client should notify Westmont immediately if thereis no response by the client or the client appears not to be home. When a client does not respond to ascheduled visit that has been arranged by the contractor, the contractor must immediately notify Westmontof the client’s failure to respond to a scheduled visit. The contractor will be advised by Westmont staff tostay onsite until Westmont staff can locate the client or client’s emergency contacts. Westmont will thenliaise with the contractor in relation to the client’s service.
The contractor and its employees shall comply with the Serious Incident Reporting Scheme (SIRS).Thisrequires the contractor to report to Westmont any incident or alleged incident that occurs when providingservices to Westmont clients that causes or is likely to cause harm to the client. The following reportableincidents must be reported to Westmont within 24 hours of the incident: contractor uses unreasonableforce; engages in sexual contract or inappropriate sexual conduct with the client; causes psychological or emotional abuse to the client; the client alleges stealing or financial coercion by the contractor; neglect bythe contractor; or the client goes missing or passes away due to the actions or inactions of the contractor.
In the event that there is a complaint about the contracted service provided by the contractor, Westmont reserves the right to obtain information from the contractor in the form of a detailed report from thecontractor within five working days of the request for information being provided to the contractor.
The contractor must maintain accreditation and compliance with the relevant authority and notify Westmontshould its accreditation lapse or it becomes subject to action by a regulator relating to non-compliance.
The Contractor’s employees providing allied health and health services must maintain current APRAregistration for the duration of the contract.
The contractor must comply with the Code of Conduct for Aged Care. This includes: