1.1 In this agreement the terms below shall have the following meanings, unless their context otherwise requires:
- Rural Locum Assistance Program Aged Care means Rural Locum Scheme Ltd, trading as the Rural Locum Assistance Program (LAP) ABN 66 150 395 618
- Contract means each and every contract from time to time made between Rural LAP Aged Care and the Client in respect of which Rural LAP Aged Care provides the services of a Locum to the Client.
- Client means the party identified on the Client Job Order which has requested the services of a Locum.
- Locum means the Locum whose services are supplied by Rural to the Client as contemplated in this agreement or any Contract.
- Client Job Order means the documentation from time to time entered into between Rural LAP Aged Care and the client recording the details of a Contract.
- Fee means the fee chargeable by Rural LAP Aged Care to the client under a Contract.
2.1 These are the terms and conditions referred to in the job order.
3.1 This Contract will commence on the date that the Client Job Order is signed by the Client and will continue in effect until completion of the Locum services.
4. PROVISION OF A LOCUM
4.1 In each case where the Client requires the services of a Locum, Rural LAP Aged Care and the client shall execute a Client Job Order to record the services to be provided by the Locum and the Service Fee.
4.2 Where the service fee charged by Rural LAP Aged Care is dependent on an agreed pay rate for the Locum, if changes to the pay rate become necessary due to statutory regulations, union negotiations or award increases, then notwithstanding the terms of the relevant Contract, these changes (including back pay) will be directly reflected in the Service Fee.
4.3 Where the Client wishes to cancel or vary the Client Job Order for any reason (including without limitation that the shift or shifts thesubject of the Client Job Order are no longer available), the Client must notify Rural LAP Aged Care of the cancellation in writing or orally in accordance as soon as reasonably practicable.
4.4 Where the Client cancels or varies the Client Job Order, the Client shall reimburse any expenses (such as airfares or accommodation) which have been reasonably incurred as a result of the placement.
4.5 Where the Client provides notice of cancellation to Rural LAP Aged Care less than fourteen (14) days prior to the commencement of the shift or shifts covered by Confirmed Order, Rural LAP Aged Care shall be entitled to payment of the fee that would otherwise have been payable, calculated on a thirty-eight (38) hour week, plus any other fees that Rural LAP Aged Care is liable to pay the Locum unless:
a. the Locum is placed in alternative work by Rural LAP Aged Care during the whole of the working period covered by the Client Job Order, in which case no fee is payable; or
b. the Locum is placed in alternative work for part of the working period covered by the Client Job Order, in which case Rural LAP Aged Care shall be entitled to payment of the fee for the balance of the working period only.
4.6 Locums are provided to the Client by Aspen Medical Pty Ltd, Rural LAP Aged Care's parent company. Rural LAP Aged Care warrants that it has an agreement with Aspen Medical Pty Ltd to provide the Locum to the Client.
4.7 All Health professionals are entitled to use the program once per financial year.
4.8 Please note that all Rural LAP Aged Care Health Professionals are governed by the Nurses Award 2010 and Health Professionals and Support Services Award 2010.
5.1 The client shall pay each invoice within thirty (30) days from the date of invoice.
5.2 To the extent that the Client is liable to pay GST in connection with services supplied under this Contract, the rates specified in the Client Job Order are exclusive of GST.
5.3 For the purposes of payments under this Agreement, Rural LAP Aged Care will provide invoices to the Client in the form of a GST Tax Invoice as prescribed in the GST legislation.
5.4 Rural LAP Aged Care warrants and undertakes that at the time any supply on which GST is imposed under this Contract, it is or will be registered under the GST legislation. If the Client requests written evidence of registration, Rural LAP Aged Care will promptly produce evidence satisfactory to Client.
5.5 The rates quoted in the Client Job Order are exclusive of liability under the Superannuation Guarantee (Administration) Act 1992.
5.6 Rural LAP Aged Care has been directed by the Department of Health to recover its payroll tax liability for each placement from the client.
5.7 The employment agency provisions in each State and Territory’s Payroll Tax legislation apply to an employment agency contract, which is defined as a contract under which a person (Rural LAP Aged Care) procures the services of another person (the Locum) for a client (you) of the employment agent. The provisions are designed to apply to labour hire arrangements where the employment agent contracts with the client for the provision of labour where there is no agreement between the service provider and the client. Under the employment agency provisions, the employment agent is taken to be the employer and the person who performs work for or in relation to which services are supplied to the client under an employment agency contract (on-hired worker) is taken to be the employee.
5.8 Amounts paid or payable under the employment agency contract are taken to be wages. Consequently, the employment agent is liable to pay payroll tax on the amounts taken to be wages. However, certain types of payments are exempt from payroll tax under each State and Territory’s
Payroll Tax legislation. The exemption applies where:
5.8.1 the wages would have been exempt from payroll tax under, certain provision of the applicable Payroll Tax legislation, had the service provider been paid directly by the client as an employee; and
5.8.2 the client has made a declaration in the approved form to that effect to the employment agent, in respect of the service provider.
5.9 Organisations that are exempt from payroll tax under each State and Territory’s Payroll Tax legislation vary but generally include public hospitals, charitable institutions and local governments for certain activities. A checklist to determine your eligibility is included in the declaration. Until this declaration is returned Rural LAP Aged Care will be required to invoice you for any Payroll Tax liability which may be incurred.
6. OCCUPATIONAL HEALTH AND SAFETY OBLIGATIONS
6.1 The client agrees that it will provide a safe work environment to enable the Locum to carry out the Locum’s duties in a safe and efficient manner including a site specific or, where applicable, a job specific safety induction prior to commencement of work by the Locum.
6.2 The client agrees to notify Rural LAP Aged Care as soon as practicable upon becoming aware of any incident involving a Locum.
7. RURAL LAP OBLIGATIONS
7.1 Rural LAP Aged Care will, prior to deployment, credential staff in accordance Aspen’s credentialing process. Rural LAP Aged Care will, if requested by the Client, provide credentialing documents to the Client including; current CV, criminal record check, working with children background check and, where applicable, evidence of current Professional Registration.
7.2 Rural LAP Aged Care will not substitute the Locum who will be performing the services without the approval of the Client beforehand.
8. CLIENT OBLIGATIONS
8.1 The Client agrees that if the Client wishes to negotiate a variation to the employment of the Locum currently working with the Client then the Client will not make direct contact with the Locum for such purpose but will contact Rural LAP Aged Care in that regard.
8.2 If a Locum is required to undertake work other than that specified in the Client Job Order the Client agrees to contact Rural LAP Aged Care to ascertain that the Locum is qualified to undertake the work.
9. TIMESHEET ARRANGEMENTS
9.1 Rural LAP Aged Care invoices will be based on timesheets.
9.2 The signature of the Client or the Client’s representative on a Locum’s timesheet is confirmation by the client that the hours shown on the timesheet are correct and that the normal time and extraordinary time allocations are correct.
9.3 The Client warrants to Rural LAP Aged Care that the timesheet signatory has authority to bind the Client.
10. RURAL LAP’s LIABILITY
10.1 The Client acknowledges that Rural LAP Aged Care is not performing the services required of its Locum; Rural LAP Aged Care’s contractual duty or under any contract is to provide Locum’s qualified to perform the service described in the relevant Client Job Order. From the time a Locum reports to the Client for duty, they are under the care, control and supervision of the Client for the duration of the assignment described in the Client Job Order.
10.2 The Client agrees that Rural LAP Aged Care is not liable to the Client in respect of any damage, loss or injury of whatsoever nature or kind, which is caused or contributed to by the acts or omissions of a Locum to the extent that the Locum has acted or omitted to act in accordance with the directions or instructions (direct or implied) of the Client.
10.3 Rural LAP Aged Care will be liable to the Client in respect of any damage, loss or injury suffered by the Client to the extent such damage, loss or injury arises out of or is contributed to by Rural LAP Aged Care having failed to meet any one or more of obligations under this agreement.
11. VARIATIONS AND WAIVER
11.1 No Variation of this document will be valid or binding upon the parties unless such variation is recorded in writing, sets out that it is intended to be a variation of the terms of herein contained and is executed
11.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless it is in writing.
12. APPLICABLE LAW
12.1 This Agreement will be governed by and construed in accordance with the law for the time being in force in the Australian Capital Territory and the parties submit to the jurisdiction of the courts of that Territory.