Empowering Youth Initiatives –
Host Organisation Agreement Template
Note: Ite ms starting with [ a nd en ding with ] to be completed by the E mpowering YOUth Initiatives Organi sation and/or H ost Organisati on.
Agreement
between
[Name of Empowering Youth Initiatives Organisation]
Empowering Youth Initiatives Organisation
and
[Name of Host Organisation]
Organisation hosting the Placement(s)
1
This agreement is made on [day] [month] [year]
between
[Name of Empowering Youth Initiatives Organisation] ABN [enter ABN] [enter registered business
address] (the ‘Empowering Youth Initiatives Organisation’)
and
[Name of the Host Organisation] ABN [enter ABN] [enter registered business address] (the ‘Host
Organisation’)
(collectively, ‘the Parties’)
Purpose of this agreement
A.
The Empowering YOUth Initiatives Organisation has entered into a Funding Agreement with
the Commonwealth Department of Employment (the Department) to assist vulnerable
youth (Participants) on their employment pathway. This may include placing and managing
Participants in Placements, which for the purposes of this agreement, includes:
(i)
unpaid Volunteer Placements; and
(ii)
unpaid Work Experience Placements, as defined in the Empowering YOUth
Initiatives Placement Management Guideline issued by the Department to the
Empowering YOUth Initiatives Organisation.
B.
The Host Organisation has agreed, with the Empowering YOUth Initiatives Organisation, to
host [Insert number of Placements] Placement[s] for a Participant on the terms and
conditions set out in this agreement.
C.
The Host Organisation has fully informed itself on all relevant aspects of the Empowering
YOUth Initiatives Organisation’s requirements for managing the Placement(s), including the
ages of the Participants who will be placed through the Placement(s), hours of attendance
by the Participant(s) and duration of Placement(s).
D.
The Empowering YOUth Initiatives Organisation has agreed to accept the Host
Organisation’s offer to host the Placement(s) on the terms and conditions set out in this
agreement.
2
Agreement
1. Term
1.1.
This agreement commences on [insert commencement date] and, unless terminated
earlier, ends on [insert end date].
1.2.
Subject to clause 1.3, either the Empowering Youth Initiatives Organisation or the Host
Organisation may terminate a Placement at any time by providing at least one month’s
written notice to the other Party before the Placement is terminated.
1.3.
Either Party may give less than one month's written notice to terminate the Placement if
that Party considers it is reasonable to do so due to a change in the nature of the
Placement or due to a change in the Participant's circumstances.
Note: It may be "reasonable to do so in the circumstances" if, for example, a change has
occurred that makes the Placement unsafe for the Participant.
2. Placement(s)
2.1.
The Parties agree that the Participant(s) detailed in Attachment B may be referred by the
Empowering YOUth Initiatives Organisation to the Host Organisation.
2.2.
In hosting the Placement(s), the Host Organisation agrees to provide the services and
supports that are detailed in Attachment A to this agreement.
2.3.
The Host Organisation agrees that it will provide the services and supports to the
Participant(s) who is/are detailed in Attachment B to this agreement.
3. Substitution/addition of Participant(s)
3.1.
The Parties may discuss and agree to substitute some or all of the Participant(s) listed at
Attachment B to this agreement or remove or add Participant(s) at any time during the
term of this agreement. When the changes to the Participants are agreed, the
Empowering YOUth Initiatives Organisation will provide an updated Attachment B to the
Host Organisation. The updated attachment, when provided to the Host Organisation, is
deemed to be incorporated into the agreement.
3.2.
If any Participant is substituted or added under clause 3.1, the Host Organisation will
provide the services and support detailed in Attachment A to this agreement to the
substituted or additional Participant(s) as identified in the updated Attachment B, subject
only to changes that are necessary due to the substitution or addition or the individual
Participant's circumstances, and all terms of this agreement will continue to apply.
4. Novation and subcontracting
4.1.
The Host Organisation must not:
a) assign any of its rights under this agreement ;
3
b) enter into any arrangement that will require novation of this agreement; or
c) subcontract all or any part of the Placement(s), without the Empowering YOUth
Initiatives Organisation’s written approval.
5. Participant’s health, safety and attendance
5.1.
Before commencing the Placement, or commencing a Participant in the Placement, the
Host Organisation must participate in the risk assessments undertaken by the
Empowering YOUth Initiatives Organisation on work health and safety issues.
5.2.
While providing a Placement, the Host Organisation must:
a) ensure that there is a safe system of work in place at all times during the Placement;
b) immediately advise the Empowering YOUth Initiatives Organisation of any proposed
or actual changes to the tasks being undertaken by the Participant(s) or the
circumstances in which those tasks are being undertaken;
c) provide training to the Participant, including work health and safety training, so that
the Participant can participate in the Placements safely;
d) ensure that appropriate facilities (such as toilets and access to clean drinking water)
are available to the Participant(s) for the duration of the Placement.
5.3.
The Host Organisation must also notify the Empowering YOUth Initiatives Organisation as
soon as possible, and within 24 hours, of any incident involving the Placement, including:
a) any accident, injury or death occurring during, or as a result of, the Placement,
including in relation to the Participant or a member of the public;
b) any incident that relates to a work health and safety issue; and
c) any incident that may negatively affect the Australian Government or bring the
Empowering YOUth Initiatives into disrepute.
5.4.
The Parties acknowledge and agree that the information contained in the risk assessment
at Attachment C is true and correct at the time of signing this agreement.
5.5.
The Host Organisation warrants that it is compliant with legislative and regulatory
obligations imposed on it in relation to work health and safety. The Host Organisation
must comply with all work health and safety requirements relevant to the jurisdiction in
which the Placement occurs.
6. Participant training and supervision
6.1.
The Host Organisation must ensure that the Participant(s) receive any training that is
required to participate in the Placement, including work health and safety training or
other training as otherwise directed by the Empowering YOUth Initiatives Organisation or
the Department.
4
6.2.
The Host Organisation must ensure that:
a) the Participant(s) is/are adequately and appropriately supervised by a fit and proper
person (Supervisor) at all times during the Placement, including with regard to the
work health and safety of the Participant(s);
b) Supervisors have a high level of skill/knowledge, training and/or experience in the
part of the Placement they are engaged in, and in working with, training and
supervising persons in such Placements;
c) Supervisors undergo any police or other checks required by the Empowering YOUth
Initiatives Organisation and comply with any statutory requirements;
d) Supervisors notify the Host Organisation of any Participant’s non-attendance and of
any Participant performance issues in relation to the Placement, and that this
information is passed on by the Host Organisation to the relevant Empowering
YOUth Initiatives Organisation.
7. Privacy and Personal Information
7.1.
In this clause 7, the terms ‘Personal Information’, 'registered APP code’ (APP Code), and
‘Australian Privacy Principles’ (APPs) have the same meaning as they have in the Privacy
Act 1988 (Cth) (the Privacy Act).
7.2.
For the purposes of this agreement, Personal Information includes (but is not limited to)
information that is relevant to:
a) matters and incidents referred to in clause 5; and
b) the performance by the Participant of the Placement.
7.3.
This clause 7 applies where the Host Organisation collects, holds or uses Personal
Information when, and for the purpose of, hosting the Placement and interacting with
the Participant/s.
7.4.
The Host Organisation may only use or disclose the Personal Information of a Participant
for the purposes of administering this agreement.
7.5.
The Host Organisation must provide Personal Information to the Empowering YOUth
Initiatives Organisation and the Department if requested by the Empowering YOUth
Initiatives Organisation or the Department. If the Host Organisation collects the Personal
Information of the Participant, it must ensure the Participant has given consent to the
disclosure by the Host Organisation of that information to the Empowering YOUth
Initiatives Organisation and the Department.
5
7.6.
The Host Organisation must not use or disclose the Personal Information it has collected
about a Participant for any other purpose other than the purpose outlined in clause 7.4,
unless the Participant has provided written consent, or it is otherwise permitted to do so
under the Privacy Act, including where the use or disclosure is required or authorised by
law.
7.7.
The Host Organisation agrees in respect of hosting the Placement and interacting with
the Participant/s under this agreement:
a) subject to clause 7.5, to only use or disclose Personal Information obtained during
the course of hosting the Placement and interacting with the Participant/s under this
agreement, for the purposes of performing this agreement;
b) not to do any act or engage in any practice that would breach the Privacy Act, an
APP or applicable APP Code;
c) to immediately notify the Empowering YOUth Initiatives Organisation if the Hosting
Organisation becomes aware of a breach or possible breach of any of the obligations
contained in, or referred to in, this clause 7, whether by the Host Organisation or
any other person.
8. Insurance
8.1.
The Host Organisation must ensure that, for the duration of the Placement, it has and
maintains current and appropriate insurance to cover any risks associated with the
Placement and that as a minimum it has and maintains public liability insurance, with a
limit of indemnity of at least $10 million in respect of each and every occurrence, that
covers the liability of the Host Organisation and the liability of its officers, employees,
representatives and agents (including to the Participant(s)) in respect of:
a) loss of or damage to any real or personal property (including property of a
Participant);
b) the bodily injury, disease or illness (including mental illness) or death of any person
(including a Participant), arising out of or in connection with the Host Organisation’s
performance of this agreement.
8.2.
The Host Organisation must maintain and keep current any other insurances it is required
by law to maintain.
6
9. Other Clauses
9.1.
[Insert other clauses as required by the Parties—this may include any obligations that the
Empowering Youth Initiatives Organisation may wish to impose on the Host Organisation
to assist in satisfying any obligations the Empowering Youth Initiatives Organisation may
have, including in relation to data collection, privacy and the protection of personal
information.]
7
EXECUTED as a deed.
Screen readers note the following tables have the field descriptor in the second cell. Contents should be entered into the cells above the descriptors.
[Name of Empowering YOUth Initiatives
Organisation] by:
(Printed Name)
(Printed Name)
(Position)
(Position)
(Signature)
(Signature)
In the presence of:
(Printed Name)
(Signature)
[Name of Host Organisation] by:
(Printed Name)
(Printed Name)
(Position)
(Position)
(Signature)
(Signature)
In the presence of:
(Printed Name)
(Signature)
8
Attachment A
Placement details
The Host Organisation will provide and host the Placement and provide the services and support set
out in this attachment:
A. Placement description: [insert description of Placements to be undertaken by Participant(s)]
B. Number of places and hours per place per week offered in the Placement: [insert number of
places and hours per place per week]
C. Start and end date of Placement: [insert start and end dates here]
D. The [Host Organisation/ Empowering YOUth Initiatives Organisation—delete as applicable]
will provide the following Supervisors for the Placement, including details of any ratio of
Participants to Supervisor, that has been agreed between the Host Organisation and the
Empowering YOUth Initiatives Organisation: [insert name and contact details of the
Supervisor(s) and a brief description of their specific responsibilities and any other
information which may be relevant to the supervisory role in the Placement, including, if
relevant the intended ratio of Participants to Supervisors]
E. The Empowering YOUth Initiatives Organisation will provide the following contributions for
the Placement: [insert details of any contributions the Empowering YOUth Initiatives
Organisation will make to the Placement]
F. The contact person for the Host Organisation is:[insert Host Organisation contact details, as
well as ABN]
9
Attachment B
Participant details
The Host Organisation will provide and host the Placement and provide the services and support to
the Participant(s) set out in this attachment:
A. The Host Organisation will provide the Placement to the following Participant(s): [insert
names of the Participant(s)]
B. The Participant(s) referred to at paragraph A are expected to attend and participate in the
Placement for [insert details relating to Participant’s hours and days of attendance]
C. Other details: [insert any other details relevant to this agreement , including any relevant
personal circumstances and/or relevant Participant(s) health and safety requirements
identified during the risk assessment (Participant) and what the Empowering YOUth
Initiatives Organisation or Host Organisation may need to do to manage any such
requirements/risks]
10
Attachment C
Placement risk assessment
[insert a copy of the completed risk assessment and any identified risks and mitigation or
management requirements]
11
Background
Note: This Host Organisation Agreement Template is an optional template for Empowering YOUth
Initiatives Organisations to use. Empowering YOUth Initiatives Organisations should seek their own
legal advice when entering into agreements with Host Organisations, Subcontractors and Supervisors.
Where Empowering YOUth Initiatives Organisations use their own agreement for these purposes, they
must ensure that all of the information contained in this template agreement is covered in any
agreement developed by an Empowering YOUth Initiatives Organisation.
12