Service Agreement under the Women’s Domestic Violence ... Web viewAny Intellectual Property in...

Service Agreement under the Women’s Domestic Violence Court Advocacy Program

FUNDING BODY Legal Aid NSW

323 Castlereagh Street, Haymarket, NSW, 2000

ABN 81 173 463 438

SERVICE PROVIDER XXX

[INSERT ADDRESS AND ABN]

AGREEMENT FOR THE PROVISION OF

Insert name of WDVCAS

TERM OF AGREEMENT

1 July 2015 – 30 June 2018

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Table of Contents

1. PARTIES.............................................................................................................3

2. RECITALS...........................................................................................................3

3. TERM OF AGREEMENT....................................................................................3

4. DESCRIPTION AND CONDUCT OF SERVICE.................................................4

5. PAYMENT OF FUNDING....................................................................................6

6. USE OF FUNDING.............................................................................................7

7. PERFORMANCE MONITORING........................................................................9

8. AUDITS...............................................................................................................9

9. REPORTING REQUIREMENTS.......................................................................10

10. NOTICES..........................................................................................................11

11. CONFIDENTIALITY..........................................................................................12

12. SERVICE MATERIALS AND INTELLECTUAL PROPERTY............................13

13. PUBLICITY........................................................................................................14

14. DISPUTE RESOLUTION..................................................................................14

15. TERMINATION OR EXPIRY OF AGREEMENT...............................................15

16. COMPLIANCE WITH LAWS AND ETHICAL STANDARDS.............................17

17. VARIATION OF AGREEMENT AND NO WAIVER...........................................17

18. GENERAL.........................................................................................................17

19. CONFLICT OF INTEREST...............................................................................18

20. INSURANCE.....................................................................................................19

21. INDEMNITY......................................................................................................19

22. INTERPRETATION...........................................................................................20

23. DEFINITIONS....................................................................................................21

EXECUTION PAGE...................................................................................................25

SCHEDULE 1: FUNDING..........................................................................................26

SCHEDULE 2: PERSONNEL.....................................................................................27

SCHEDULE 3: REPORTING REQUIREMENTS.......................................................29

SCHEDULE 4: TEMPLATES.....................................................................................32

SCHEDULE 5: PRIORITY CLIENT GROUPS...........................................................41

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1. PARTIES

This Agreement is made between

LEGAL AID NSW (Funding Body)A body corporate established under the Legal Aid Commission Act 1979 (NSW) 323 Castlereagh Street, Haymarket, NSW, 2000

ABN 81 173 463 438

and

[INSERT SERVICE PROVIDER] (Service Provider)

INSERT ADDRESS

ABN XX XXX XXX XXX

2. RECITALS

2.1.1. The Parties recognise the importance of providing high quality information, advocacy and referral to women and their children experiencing domestic violence.

2.1.2. To enable the provision of these services, the NSW Government provides funding to Legal Aid NSW to administer the Women’s Domestic Violence Court Advocacy Program (“WDVCAP”).

2.1.3. The aim of the WDVCAP is to assist women and children to obtain legal protection from domestic violence through a locally based, independent service called a Women’s Domestic Violence Court Advocacy Service (“WDVCAS” or “Service”) in various areas throughout NSW.

2.1.4. Legal Aid NSW agrees to provide, and the Service Provider agrees to accept, funding for the provision of a WDVCAS under the terms and conditions of this Agreement.

2.1.5. Legal Aid NSW is also responsible for administering NSW Government funding for Local Coordination Point services for women domestic violence victims in certain locations across the state.

2.1.6. Legal Aid NSW agrees to provide the Service Provider, and the Service Provider agrees to accept, funding for a Local Coordination Point if applicable, subject to and in accordance with the terms of this Agreement.

3. TERM OF AGREEMENT

3.1. This Agreement commences on 1 July 2015 and ends on 30 June 2018, unless terminated earlier under clause 15.

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4. DESCRIPTION AND CONDUCT OF SERVICE

4.1. Description of Service

4.1.1. The Service Provider must provide a Service centred on …… Local Court/s which:

a. Assists women and children who have experienced or who are experiencing domestic violence to obtain effective legal protection from New South Wales Local Courts through applications for Apprehended Domestic Violence Orders (ADVOs);

b. Facilitates their access to a network of professional Services to assist them with their other legal and social/welfare needs;

c. Through partnerships with other Services, assists in building the community’s capacity to respond effectively to domestic violence;

Macarthur and Wagga Wagga Service Providers only

d. Increases the safety of women and children who have experienced or who are experiencing domestic violence through case management during the court process and interagency information sharing meetings ('case tracking');

And, if applicable:

e. Proactively contacts women and children referred through the Central Referral Point (CRP) to offer a Service;

f. Completes a Domestic Violence Safety Assessment Tool (DVSAT) for each client and addresses any immediate safety needs;

g. Provides clients with case coordination, including warm referrals to a range of Service providers, based on a comprehensive assessment of their needs;

h. Refers clients at serious threat of further harm to a Safety Action Meeting (SAM);

i. Provides secretariat support for SAMs, including compiling agendas, taking minutes of actions agreed upon, circulating papers, following up on actions and liaising with members as needed; and

j. Acts as a local interface with the CRP regarding Services provided to clients and SAMs.

4.2. Conduct of Service

4.2.1. The Service Provider must conduct the Service in accordance with this Agreement, the WDVCAP Policy Manual and, if applicable, the Local Coordination Point Manual and Safety Action Meeting Manual, as revised from time to time by Legal Aid NSW.

4.2.2. The Service Provider must conduct the Service with regard to the priority client groups set out in Schedule 5 of this Agreement.

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4.2.3. The Service Provider must strive to meet the expected levels of performance set out in Schedule 4 of this Agreement during the term of the Agreement.

4.2.4. The Service Provider:

a. acknowledges that a representative of Legal Aid NSW will maintain regular contact with both Service personnel and the Service Provider to monitor the Service;

b. agrees to co-operate with the representative in this role;

c. agrees to the representative attending the Service Provider’s Board or committee meetings or visiting the Service at any reasonable time; and

d. acknowledges the specific role of the WDVCAP Mentoring Officer and the communication this employee is to have with Service personnel, as set out in the WDVCAP Policy Manual.

4.2.5. The Service to be provided by the Service Provider under this Agreement may not be provided by any other entity whether under an agreement, subcontract or any other arrangement unless prior written approval is obtained from the WDVCAP Manager.

4.3. Operation of similar or complementary services

4.3.1. The Service Provider acknowledges that if it operates or proposes to operate any other service providing assistance, advice or advocacy to persons involved in situations of domestic violence, it will notify Legal Aid NSW. The Service Provider will not operate such other service until it has satisfied Legal Aid NSW that procedures have been established to manage all issues arising from potential overlap or conflict of responsibilities resulting from operation of the similar service.

4.4. Dedicated Service telephone line and message bank facility

4.4.1. The Service Provider must ensure that the Service has a dedicated telephone line and message bank facility, separate to that of the Service Provider.

4.4.2. Where Service personnel are unable to answer the Service telephone, the Service Provider must ensure that the Service telephone line is not diverted to the Service Provider and that messages can be left for Service personnel on a message bank facility.

4.4.3. The Service message bank facility must note the opening hours of the Service and include a statement that if the person calling fears for their safety they should call the Police on 000 immediately.

4.5. Service telephone conduct

4.5.1. When answering the dedicated telephone line, Service personnel must acknowledge that they work for the Service.

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5. PAYMENT OF FUNDING

5.1. Payment of Funding

5.1.1. Subject to parliamentary appropriation, and compliance by the Service Provider with this Agreement, Legal Aid NSW agrees to provide the Funding specified in Schedule 1 during the Service Agreement Period.

5.1.2. Without limiting its rights, Legal Aid NSW may suspend any payment in whole or in part until the Service Provider has performed its obligations under this Agreement.

5.1.3. Before any payments can be made to the Service Provider:

a. the Service Provider must provide its valid ABN to Legal Aid NSW and, if requested by the WDVCAP Manager, provide proof of its GST registration status; and

b. a Recipient Created Tax Invoice as set out in Schedule 4 must be signed by both Legal Aid NSW and the Service Provider.

5.1.4. Subject to this Agreement, for each Financial Year of the term of the Agreement, Legal Aid NSW must use its best endeavours to ensure the following:

a. the first half-yearly Instalment payable to the Service Provider is paid by the 15th Business Day after 1 July 2015; and

b. subsequent half-yearly Instalments payable to the Service Provider are paid by the 15th Business Day of the half-year period to which they relate.

5.1.5. Legal Aid NSW will not meet any expenditure incurred by the Service Provider in excess of the Funding provided under this Agreement.

5.1.6. Any additional Funding which may be provided to the Service Provider by Legal Aid NSW will be covered by the terms and conditions of this Agreement.

5.2. Changes in Funding

5.2.1. Funding provided under this Agreement may be indexed after the first year of the Agreement (subject to parliamentary appropriation).

5.2.2. Notification of changes in Funding shall be made in writing by the WDVCAP Manager. Receipt of notice as per clause 10 of this Agreement will be deemed to be acceptance of the change in Funding.

5.3. GST

5.3.1. In this clause, GST law and other terms defined in GST law have the meaning given to those terms in A New Tax System (Goods and Services Tax) Act 1999.

5.3.2. The Parties agree that any and all amounts referred to in this Agreement are exclusive of GST and that if GST is imposed on any supply made

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under this Agreement, Legal Aid NSW will pay the GST at the same time as the consideration which may be due under this Agreement.

6. USE OF FUNDING

6.1. Use of Funding

6.1.1. The Service Provider must use the Funding provided under this Agreement to provide the Service set out in clause 4.

6.1.2. The Service Provider must:

a. expend the Funding only in connection with provision of the Service and under the terms and conditions of this Agreement and for no other purpose;

b. keep proper accounts and records of the Funding and their use in accordance with Australian Accounting Standards;

c. ensure that a minimum of two signatories are required to operate any account in which the Service Provider deposits Funding pursuant to clause 6.1.2 (b); and

d. manage and depreciate assets according to Australian Accounting Standards.

6.1.3. The Service Provider must not, without prior written approval of the WDVCAP Manager:

a. transfer Funding between Funding Categories;

b. spend in excess of 10% or $10,000 of annual Funding (whichever is the lesser), on assets in any Financial Year;

c. sell, transfer or write-off any asset after receiving a notice of termination of the Agreement; or

d. enter into any arrangements, agreements or commitments in relation to the Service, even where it is deemed by the Service Provider that the agreements, arrangements or commitments are not incompatible or inconsistent with the purpose of the Funding.

6.2. Only women to be employed

6.2.1. The Service Provider must employ appropriately qualified women to provide the Service in accordance with the exemption under section 126A of the Anti-Discrimination Act 1977 (NSW) granted to the Program on 10 March 1997.

6.2.2. The Service Provider acknowledges that all personnel employed or otherwise engaged by the Service Provider in the conduct of the Service are the Service Provider’s sole responsibility.

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6.3. Personnel hours

6.3.1. The Service Provider must employ a full-time Co-ordinator, or employ two appropriate personnel to ensure the role is covered on a full-time equivalent basis.

6.4. Surplus Funding

6.4.1. At the end of any Financial Year, the Service Provider may, without seeking approval, carry over an amount up to $1,000 to the next Financial Year.

6.4.2. At the end of any Financial Year, the Service Provider may submit a proposal in writing to Legal Aid NSW to carry over an amount in excess of $1,000 to the next Financial Year (“Surplus Funding”).

6.4.3. Use of Surplus Funding must be approved by Legal Aid NSW in writing.

6.4.4. Where Legal Aid NSW does not approve the carry-over of Surplus Funding:

a. the amount in question may be recovered by deducting it from the Service Provider’s next Funding instalment, or

b. the amount in question may be recovered by requiring the Service Provider to immediately repay it.

6.5. Capital Equipment

6.5.1. The Service Provider may purchase Capital Equipment up to the value of $5,000 without the express permission of Legal Aid NSW.

6.5.2. Purchases in excess of this amount must be approved in writing by Legal Aid NSW.

6.5.3. The Service Provider must maintain an Asset Register for each item of Capital Equipment purchased using the Funding provided under this Agreement using the template provided in Schedule 4.

6.5.4. The Service Provider must ensure that:

a. all items of Capital Equipment are recorded in the Asset Register;

b. the Asset Register is kept current at all times;

c. the Asset Register is kept in accordance with Australian Accounting Standards; and

d. all items of Capital Equipment are maintained in good condition and repair.

6.5.5. The Service Provider acknowledges that Capital Equipment purchased wholly with Funding provided under this Agreement is held in trust for the benefit of Legal Aid NSW (and if partially purchased with the Funding then held in trust for the benefit of Legal Aid NSW as to a proportionate share of the value of that item of Capital Equipment).

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6.5.6. All Capital Equipment purchased by the Service Provider with the Funding will become the property of Legal Aid NSW at the expiry or termination of the Service Agreement Period unless Legal Aid NSW has otherwise directed.

7. PERFORMANCE MONITORING

7.1.1. Legal Aid NSW will monitor the performance of the Service Provider in meeting its obligations under this Agreement.

7.1.2. Legal Aid NSW may conduct a review of the Service Provider with respect to:

a. the Service Provider 's provision of the Service, and/or

b. the Service Provider 's compliance with its obligations under this Agreement.

7.1.3. Legal Aid NSW will provide 5 Business Days’ notice in writing to the Service Provider about the form and scope of any review to be conducted pursuant to clause 7.1.2.

7.1.4. A report on the results of any review undertaken pursuant to this clause will be made available to the Service Provider within 30 Business Days of the completion of that report, and the Service Provider will be provided with a reasonable opportunity to comment before Legal Aid NSW makes any decision on the report’s recommendations.

7.1.5. A report made under clause 7.1.4 may:

a. identify any performance obligation/s that the review finds are not being met, and

b. the reasons why the review has found that an obligation is not being met and/or the manner in which it is not being met.

7.1.6. If a review identifies that the Service Provider’s performance has not been satisfactory, Legal Aid NSW will discuss with the Service Provider and may agree on, or, absent agreement, may issue the Service Provider with, a Performance Improvement Plan that sets out actions for improvement and may require some or all of those actions to be taken in a reasonable time.

7.1.7. Failure to meet the requirements set out in the Performance Improvement Plan will constitute a breach of this Agreement.

8. AUDITS

8.1.1. At its discretion, Legal Aid NSW may appoint an auditor to conduct financial audits of the Service Provider in relation to this Agreement.

8.1.2. Legal Aid NSW will provide reasonable prior notice in writing to the Service Provider of any audit to be conducted (except where there is

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reasonable belief that there is an actual or apprehended breach of the law) and consult with the Service Provider on arrangements for the conduct of the audit.

8.1.3. The cost of any audit conducted under this clause will be met by Legal Aid NSW, unless the Service Provider is found to benon-compliant with this Agreement, in which case the Service Provider may be required to contribute to or meet the cost of the audit.

8.1.4. For the purposes of any audit conducted pursuant to this clause, the Service Provider will give an auditor, or any person authorised by Legal Aid NSW:

a. access to premises at which Service Material is held or stored by the Service Provider at all reasonable times

b. permission to inspect and copy such Service Material, in the Service Provider’s possession or control, and

c. access to any Assets acquired with Funding provided under this Agreement wherever they may be located.

8.1.5. The rights referred to in clause 8.1.4 are subject to:

a. protection of information and/or material where the Service Provider has a legal obligation of confidence, and

b. the Service Provider’s reasonable security procedures.

9. REPORTING REQUIREMENTS

9.1. Reports

9.1.1. The Service Provider must submit Reports to Legal Aid NSW using the templates provided by Legal Aid NSW and by the due dates set out in Schedule 3.

9.1.2. Reports must be submitted to the WDVCAP Manager by email at [email protected].

9.1.3. If email submission is not possible, Reports may be submitted by post and should be addressed to the WDVCAP Manager, Legal Aid NSW, PO Box K847, Haymarket, 1238.

9.2. Failure to provide Reports

9.2.1. If the Service Provider does not submit Reports by the due dates set out in Schedule 3, Legal Aid NSW may exercise its rights under clause 15.

9.2.2. The Service Provider may, in advance of any due date, seek an extension of time from the WDVCAP Manager to submit a Report.

9.3. Specific financial requirements

9.3.1. The Service Provider must:

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mailto:[email protected]

a. maintain financial records and submit financial Reports that comply with the Australian Accounting Standards;

b. submit financial Reports on an accrual basis;

c. submit financial Reports in a format that clearly sets out income and expenditure of Funding provided under this Agreement separate to any other Funding received by the Service Provider; and

d. when a depreciable Asset is disposed of, ensure that any proceeds from the disposal in excess of the written down value of the asset are accounted for as Service-generated income.

10. NOTICES

10.1. Contact details

10.1.1. The Service Provider must provide the WDVCAP Manager with business contact details, including telephone number, facsimile number, email address, street address and postal address for:

a. the Chairperson of the Service Provider;

b. the Manager or other main contact person for the Service Provider;

c. the Co-ordinator of the Service; and

d. any staff members working for the Service.

10.2. Personnel hours

10.2.1. The Service Provider must provide the WDVCAP Manager with the hours of employment of any staff members working for the Service.

10.3. Notifiable events

10.3.1. The Service Provider must notify the WDVCAP Manager within 5 Business Days of any:

a. change of addresses where Services are provided;

b. change to contact details provided under clause 10.1;

c. changes in the occupants of the Co-ordinator position and other staff members including cessations or appointments, and changes to their hours of employment; and

d. changes to the Service Provider’s constitution or name.

10.3.2. The Service Provider must notify the WDVCAP Manager immediately if:

a. if any position funded under this Agreement has been vacant for a period of 8 weeks; or

b. legal proceedings are commenced against the Service Provider.

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10.4. Manner of giving notice

10.4.1. Any notices or other formal communications given under this Agreement or responses to notices or other formal communication will be:

a. in writing and

b. directed to the recipient’s address in accordance with clause 10.6.

10.5. Receipt of notice

10.5.1. The recipient of a notice given under this Agreement is taken to have received the notice:

a. if hand delivered, on delivery

b. if sent by registered post, 3 Business Days after the date of posting

c. if sent by facsimile transmission, on the Business Day following the time recorded on a transmission result Report; or

d. if sent by email to the address of the recipient, when the email is actually received by the recipient.

10.6. Address for notices

10.6.1. The address of Legal Aid NSW is:

WDVCAPLegal Aid NSWPO Box K847HAYMARKET NSW 1238

Attention: Manager, WDVCAP

10.6.2. The address of the Service Provider is:

XXXX [INSERT SERVICE PROVIDER][Post Address]

11. CONFIDENTIALITY

11.1. Confidential Information

11.1.1. The Parties will not, without the prior written consent of the other Party, disclose to a third party any information or Service Material that a Party claims to be confidential (Confidential Information) except where the Confidential Information is:

a. authorised or required by law to be disclosed, or

b. in the public domain otherwise than due to a breach of this clause.

11.1.2. The Service Provider will:

a. comply with any applicable NSW privacy legislation when doing any act or engaging in any practice in relation to Personal Information for the purposes of this Agreement; and

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b. deal with Personal Information received, created or held by the Service Provider for the purposes of this Agreement only to fulfil their obligations under this Agreement.

12. SERVICE MATERIALS AND INTELLECTUAL PROPERTY

12.1. Service Provider Intellectual Property

12.1.1. Any Intellectual Property in all Service Materials created by the Service Provider in the performance of the Service will be retained by Legal Aid NSW.

12.2. Grant of licence

12.2.1. The Service Provider will grant, and will ensure that third parties will grant, to Legal Aid NSW without cost, a non-exclusive, irrevocable, royalty-free and transferable licence to use, reproduce, communicate to the public and adapt for its own purposes all Intellectual Property in the Service Materials.

12.2.2. Legal Aid NSW will acknowledge the Service Provider as the creator of the Intellectual Property in any Service Materials prepared with Legal Aid NSW Funding if any such Service Materials are subsequently used by Legal Aid NSW and will require other agencies to provide such acknowledgment if they use any such Service Materials.

12.3. Approval of Service Materials

12.3.1. If Service Materials are produced for publication using the Funding, a draft copy of the Service Materials shall be submitted to Legal Aid NSW for approval prior to incurring commercial printing costs. Legal Aid NSW reserves the right to refuse the Service Provider's request for publication of Service Materials, especially where the materials duplicate existing publications produced by Legal Aid NSW.

12.3.2. The Service Provider agrees to edit, amend or withdraw Service Materials (or parts thereof) produced as part of the Service should Legal Aid NSW notify the Service Provider in writing that it requires the Service Materials to be edited, amended or withdrawn for reasons of error, illegality or non-compliance with WDVCAP Policy Manual or to ensure consistency across all Legal Aid NSW-funded publications.

12.4. Legal Aid NSW Intellectual Property

12.4.1. Legal Aid NSW grants the Service Provider a non–exclusive licence for the term of this Agreement to use, distribute and reproduce materials produced by Legal Aid NSW for the purpose of the Program, or materials produced by Legal Aid NSW as part of its general community legal education program. Any such materials reproduced by the Service Provider will include an acknowledgement of the Intellectual Property rights of Legal Aid NSW over the material.

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13. PUBLICITY

13.1. Acknowledgement

13.1.1. The Service Provider will ensure that all correspondence, public statements and publications relating to the Service or the Funding, including any publications by the Service Provider that are funded through the Program, acknowledge the provision of the Funding by Legal Aid NSW and include where possible the Legal Aid NSW and WDVCAS logos.

13.1.2. The Service Provider will include the words “Funded by Legal Aid NSW through the Women’s Domestic Violence Court Advocacy program”:

a. in all Service Materials;

b. in the Service Provider’s Annual Report;

c. in publications providing information relating to the Service Provider and/or provision of Service; and

d. on the Service Provider’s website.

13.2. Legal Aid NSW right to publicise

13.2.1. Legal Aid NSW may publicise the awarding of the Funding at any time after it is awarded, including:

a. the Service Provider’s name;

b. the amount of Funding; and

c. the title and brief description of the Service.

13.2.2. Legal Aid NSW may be required to comply with legal obligations to publicly Report further details of the Agreement.

14. DISPUTE RESOLUTION

14.1. Procedure for Dispute Resolution

14.1.1. Any dispute arising under this Agreement which cannot be resolved by informal discussions between the Parties will be dealt with as follows:

a. the Party claiming there is a dispute will give written notice to the other Party setting out the nature of the dispute;

b. the Parties will try to resolve the dispute through direct negotiation and in good faith;

c. if there is no resolution of the dispute within 14 Business Days or such other agreed time from the receipt of the notice, the parties will undertake a mediation or conciliation process. The appropriate process and a suitable and independent mediator or conciliator will be determined:

i. by agreement of the parties in writing; or

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ii. failing agreement, by the President of the Institute of Arbitrators and Mediators, Australia.

14.1.2. If the dispute is not settled within 28 Business Days (or such other period as agreed to in writing between the parties) after appointment of the mediator, or if no mediator is appointed within 28 Business Days of the referral of the dispute to mediation, the Parties may pursue any other procedure available at law for the resolution of the dispute.

14.1.3. Despite the existence of a dispute, the Service Provider will continue to perform its obligations under this Agreement unless requested in writing by Legal Aid NSW not to do so.

14.1.4. The costs of the mediation process will be borne equally by the Service Provider and Legal Aid NSW.

14.1.5. Nothing in this clause will prevent either party from seeking urgent interlocutory relief.

15. TERMINATION OR EXPIRY OF AGREEMENT

15.1. Termination by Legal Aid NSW

15.1.1. Legal Aid NSW may give 20 Business Days’ written notice to the Service Provider to terminate this Agreement if:

a. in the opinion of Legal Aid NSW, the Service Provider is not carrying out the Service diligently and competently, for example by not meeting expected levels of performance or complying with Reporting requirements set out in Schedule 3;

b. the Service Provider has used or is using the Funding or part of the Funding for purposes other than those set out in this Agreement;

c. Legal Aid NSW considers that the Service is no longer viable;

d. Legal Aid NSW considers that the Service Provider has a conflict that prevents it from providing the Service in accordance with this Agreement; or

e. Legal Aid NSW considers that there has been a material change in the Service Provider’s financial position, structure or identity that prevents the Service Provider from providing the Service in accordance with this Agreement.

15.1.2. Legal Aid NSW may immediately terminate this Agreement if:

a. the Service Provider ceases to carry on business or exist;

b. the Service Provider resolves to go into liquidation; enters into any scheme or arrangement with creditors under applicable insolvency law; or an administrator, liquidator receiver or official manager is appointed under the Corporations Act (Cth) 2001 or any applicable insolvency law; or

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c. the Service Provider is in breach of its obligations under this Agreement and:

i. Legal Aid NSW considers the Service Provider is not capable of remedying the breach; or

ii. the Service Provider has been notified in writing by Legal Aid NSW of that breach and the breach has not been remedied within 20 Business Days or such other agreed time of receiving a notice in writing from Legal Aid NSW to do so.

15.2. Termination by either Party

15.2.1. Either Party may terminate this Agreement by giving 3 months’ notice to the other Party in writing, or at any time by agreement in writing between the Parties.

15.2.2. Any termination of this Agreement will be without prejudice to the rights, liabilities, or obligations of the Parties accruing prior to the date of receipt of the notice of termination.

15.3. Service Provider’s liabilities and obligations

15.3.1. On receipt of a notice of termination under this clause, regardless of which Party gives the notice, the Service Provider will:

a. if directed to do so by Legal Aid NSW, cease the performance of its obligations under this Agreement;

b. do everything possible to mitigate all losses, costs, and expenses arising from the termination, unless otherwise directed in writing by Legal Aid NSW; and

c. return to Legal Aid NSW any Funding provided under this Agreement and not legally committed, as directed by Legal Aid NSW.

15.3.2. Clause 15.3.1.c) will also apply where the Parties to this Agreement do not enter into a new agreement.

15.4. Legal Aid NSW’s liabilities and rights

15.4.1. Unless otherwise agreed in writing by the Parties, if this Agreement is terminated under this clause, Legal Aid NSW will only be liable to pay any amount of the Funding for the Service provided before the Termination Date.

15.5. Payment of monies owing

15.5.1. Any monies owing to Legal Aid NSW under this clause will be paid to Legal Aid NSW within 3 months of the date of effect of the notice of termination or within 3 months of the end of the Service Agreement Period, or as otherwise agreed in writing by the Parties.

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16. COMPLIANCE WITH LAWS AND PROFESSIONAL STANDARDS

16.1. Applicable law and governing jurisdiction

16.1.1. This Agreement is governed by the law of New South Wales.

16.2. Professional standards

16.2.1. The Service Provider must take all reasonable steps to ensure that persons employed by the Service comply with all relevant legislation, observe appropriate standards of conduct and comply with the WDVCAP Policy Manual and the Charter of Victims’ Rights.

16.3. Complaints

16.3.1. Where Legal Aid NSW receives a complaint that alleges that a person employed by the Service Provider under this Agreement has breached clause 16.2.1, Legal Aid NSW will refer the complaint to the Service Provider.

16.3.2. The Service Provider must promptly investigate and resolve the complaint, including where necessary referring the matter or the complainant to the appropriate authority.

16.3.3. Subject to any legal requirements, the Service Provider must provide Legal Aid NSW with a report of the outcome of the complaint.

17. VARIATION OF AGREEMENT AND NO WAIVER

17.1. Variation

17.1.1. The provisions of this Agreement may be varied from time to time, in writing, signed by the Parties.

17.2. No waiver

17.2.1. Failure by Legal Aid NSW at any time to enforce strict or timely compliance with any provision of this Agreement, will not affect or impair that provision in any way or the rights of Legal Aid NSW to avail itself of the remedies it may have in respect of any such provision.

18. GENERAL

18.1. Severance

18.1.1. Any reading down or severance of a particular provision does not invalidate any other provision of this Agreement.

18.2. Survival

18.2.1. The operation of each of clauses 6, 8, 9, 11, 12, 15 and 20 survives the expiration or earlier termination of this Agreement.

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18.3. Relationship

18.3.1. Nothing in this Agreement is intended to create a partnership, joint venture or agency relationship between the parties.

18.3.2. The Service Provider shall not hold itself out to be an employee, partner, agent or representative of Legal Aid NSW.

18.3.3. All work performed by the Service Provider and all contracts made by the Service Provider to carry out the Service shall be performed and made by the Service Provider as principal and not as agent for Legal Aid NSW. In all dealings in relation to the Service the Service Provider shall act solely on the Service Provider’s own account.

18.4. Entire agreement

18.4.1. This Agreement constitutes the entire agreement and understanding between the parties as to the subject matter of this Agreement. Any prior arrangements, representations or undertakings as to the subject matter of this Agreement are superseded.

19. CONFLICT OF INTEREST

19.1. Conflicts

19.1.1. The Service Provider warrants that at the date of this Agreement, no conflict of interest exists or is likely to arise in relation to this Agreement or its subject matter.

19.1.2. The Service Provider will notify Legal Aid NSW in writing immediately upon becoming aware of the existence, or possibility, of a conflict of interest and agrees to comply with any reasonable directions of Legal Aid NSW to appropriately manage the conflict of interest.

19.1.3. If the Service Provider fails to notify Legal Aid NSW or resolve the conflict as required, Legal Aid NSW may terminate this Agreement in accordance with clause 15.

19.1.4. The Service Provider must ensure that the insurance policies specified in clause 30, including professional indemnity insurance policies held if conducting a legal practice, must not prevent the Service Provider from complying with the terms of this Agreement or the ability of Service personnel to properly comply with the WDVCAP Policy Manual.

19.1.5. Service Providers conducting a legal practice as well as providing a Service under the terms of this Agreement acknowledge that Service personnel do not provide legal advice or representation. Such Service Providers must not require the Service to conduct conflict checks regarding clients or potential clients of the Service, and must not refuse service to any potential client on the basis of services provided by the legal practice.

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20. INSURANCE

20.1.1. The Service Provider will, for as long as any obligations remain in connection with this Agreement, maintain proper and adequate insurance with a reputable insurance company including:

a) Adequate broad form public liability and professional indemnity insurance, building and contents insurance to cover, as a minimum, all of the Service Provider obligations and liabilities under this Agreement including all assets recorded in the Assets Register;

b) Workers’ compensation insurance in accordance with applicable legislation in respect of all employees; and

c) Any other insurance required by leases or other agreements entered into by the Service Provider in conjunction with its provision of the Service.

20.1.2. If requested, the Service Provider will provide Legal Aid NSW with satisfactory evidence that the Service Provider has complied with the obligations to insure under this clause.

21. INDEMNITY

21.1. General indemnity

21.1.1. The Service Provider indemnifies (and agrees to keep indemnified) Legal Aid NSW against any:

a. cost or liability incurred by Legal Aid NSW; or

b. loss of or damage to property of Legal Aid NSW, or loss or expense incurred by Legal Aid NSW in dealing with any claim against it, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by Legal Aid NSW, arising from:

i. any act or omission by the Service Provider or the Service Provider's personnel, in connection with this Agreement, where there was fault on the part of the person whose conduct gave rise to that cost, liability, loss, damage, or expense

ii. any breach by the Service Provider of the Agreement, or

iii. the use by the Service Provider of the Services Material, including any claims by third parties about the ownership or right to use Intellectual Property Rights or Moral Rights in the Services Material.

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21.2. Reduction of scope

21.2.1. The Service Provider’s liability to indemnify those indemnified under this Agreement shall be reduced proportionally to the extent that any unlawful, wrongful, wilful or negligent act or omission of those indemnified caused or contributed to the liability or loss.

21.3. Continuing obligation

21.3.1. The indemnity in this clause is a continuing obligation of the Service Provider separate and independent of any of the Service Provider’s other responsibilities and will continue beyond the termination or expiry of this Agreement.

22. INTERPRETATION

22.1.1. This Agreement records the entire agreement between the Parties in relation to its subject matter.

22.1.2. In this Agreement, unless the contrary intention appears:

a. all references to dollars are to Australian dollars

b. a reference to any legislation includes that legislation as amended, re-enacted, consolidated or substituted;

c. words of inclusion are not words of limitation (“includes” and “including” mean by way of example but without limitation);

d. a month shall be construed as a reference to a calendar month;

e. in the event of inconsistency between the following documents, the order of priority for the purpose of resolving any conflict shall be the order set out below, the documents higher in the list taking precedence over the documents lower in the list:

i. the terms and conditions of this Agreement

ii. any part of a Schedule

iii. the WDVCAP Policy Manual

f. reference to a Schedule is a reference to a Schedule to this Agreement, including as amended or replaced from time to time by agreement in writing between the Parties

g. any person or company shall mean and include the legal personal representative, successor in title, and permitted assigns of such person or company as the circumstances may require

h. words and expressions importing natural persons include partnerships, bodies corporate, associations and governmental and local authorities and agents

i. any Service Providers, associations, societies, groups or bodies shall, in the event of them ceasing to exist or being reconstituted,

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renamed or replaced or if the powers or functions of any of them are transferred to any other entity, body or group, refer respectively to any such entity, body or group, established or constituted in lieu thereof or succeeding to similar powers or functions.

22.1.3. A heading is for reference only and does not affect the meaning or interpretation of this Agreement.

22.1.4. Any reading down or severance of a particular provision does not affect the other provisions of this Agreement.

22.1.5. No rule of construction operates to the detriment of a party only because that party was responsible for the preparation of this Agreement or any part of it.

22.1.6. Where any time limit pursuant to this Agreement falls on a Saturday, Sunday or public holiday in the State of New South Wales then that time limit shall be deemed to have expired on the next Business Day.

22.1.7. Where the Service Provider is comprised of more than one person, each of the Service Provider’s obligations will bind those persons jointly and severally and will be enforceable against the Service Provider jointly and severally.

23. DEFINITIONS

ABN has the same meaning as inSection 41 of the A New Tax System(Australian Business Number) Act1999.

Agreement means this document andany schedules and annexures to thisdocument.

Annual Budget means the budgetsubmitted for each Financial Year ofthe Agreement Period detailing theprojected income and expenditure ofFunding provided under thisAgreement, using the templateprovided in Schedule 4.

Asset has the same meaning asgiven in the Australian AccountingStandards, but is limited to thoseacquired with Funding provided under this Agreement or Service GeneratedIncome.

Asset Register means a writtenregister (whether stored in hardcopy or

electronic form) containing details ofCapital Equipment owned by theService Provider.

Audited Financial Statements meanthe financial statements for a FinancialYear which have been prepared inaccordance with the AustralianAccounting Standards, certified by a Registered Auditor andwhich include: a statement of financial position in

respect of the Service Provider for that Financial Year including required notes to the accounts;

a statement of comprehensive income in respect of the Service Provider that clearly identifies the Legal Aid NSW Funding and Service-generated income for that Financial Year;

a Cash Flow Statement in respect of the Service Provider for that Financial Year (however if the Service Provider is a non-Reporting entity [as defined in the

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Australian Accounting Standards], and is not otherwise required to prepare a Cash Flow Statement, Special Purpose Financial Reports [as defined in the Australian Accounting Standards] will be accepted without a Cash Flow Statement); and

a cumulative and accruals-based financial Report in respect of all Funding provided under this Agreement and Service-generated income in that Financial Year.

Australian Accounting Standards refers to the standards of that name maintained by the Australian Accounting Standards Board, created by section 226 of the Australian Securities and Investments Commission Act 2001.

Business Day means any day otherthan a Saturday or Sunday or a publicholiday in the place where an actionoccurs.

Capital Equipment means those itemswhich by nature constitute capitalequipment with a value over $5,000.

Case Coordination means theprovision of threat assessment,information and support to clients asneeded, including warm referrals to arange of Service providers for clients’ongoing legal and social-welfareneeds.

Case Tracking means monitoring aclient through the court process for adomestic violence-related matter incollaboration with other servicesunder the Domestic ViolenceIntervention Court Model (DVICM)Codes of Practice.

Case Management means providingclients with in-depth, long-term supportas they recover from domesticviolence, including safety planning,information, referrals and support asneeded.

Central Referral Point or "CRP"

means an electronic platform throughwhich domestic violence referrals aredistributed to Local Coordination Pointsacross NSW.

Chairperson means the personempowered by the Service Provider toenter legally binding agreements onbehalf of the Service Provider.

Confidential Information means anyinformation and all other knowledge atany time disclosed (whether in writingor orally) to the Service Provider byLegal Aid NSW, or acquired by theService Provider in carrying out theService which: is by its nature confidential; is designated, marked or stipulated

as confidential; or the Service Provider knows or

ought to know is confidential;but does not include information which: is or becomes public knowledge

other than by breach of this Agreement;

is in the Service Provider’s lawful possession without restriction in relation to disclosure before the date or receipt of the information from Legal Aid NSW or a third party;

has been developed or acquired by the Service Provider independently of carrying out of the Service;

is ascertainable through independent enquiries; or

is required to be disclosed pursuant to law, regulation or a regulatory authority.

Domestic Violence Safety Assessment Tool or “DVSAT” means a standard threat assessment tool that identifies the level of threat to a domestic violence victim of further harm, particularly serious injury or death.

Financial Year means each period from 1 July to the following30 June occurring during the Agreement Period.

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Full-time Equivalent means at least35 hours per week.

Funding means money provided to the Service Provider by Legal Aid NSW under this Agreement as set out in Schedule 1.

Funding Category means Fundingprovided to the Service Provider for aparticular purpose as set out inSchedule 1.

Instalment means an instalment ofFunding paid under this Agreement.

Intellectual Property includespatents, know-how, copyright, design,trademarks, trade, business orcompany names or other proprietaryrights and any rights to registration ofsuch rights, whether created before orafter the commencement of thisAgreement.

Local Coordination Point or "LCP"means the role of the WDVCAS as thelocal receiving agency for domesticviolence referrals from the CRP. LocalCoordination Point functions includeproactively contacting all referrals tooffer a service, and providing clientswith threat assessment, casecoordination and referral to a SafetyAction Meeting if needed. The LCPalso provides secretariat support forSafety Action Meetings.

Local Coordination Point workermeans a WDVCAS worker responsiblefor receiving referrals from the CRPand either providing them with threatassessment and case coordination orallocating them to another worker forthreat assessment and casecoordination. The worker may also beresponsible for providing secretariatsupport to Safety Action Meetings.

Management Committee means abody that governs, or is responsible for the management of, the Service Provider.

Moral Rights means the following non

proprietary rights of an author ofcopyright Material: the right of attribution of

authorship; the right of integrity of authorship;

and the right not to have authorship

falsely attributed.

Other Income means any income theService Provider receives from any person or organisation other

than Funding provided under this Agreement; and

membership fees, donations, bequests and any fundraising activities.

Personal Information has the samemeaning as in section 6 of the PrivacyAct 1988 (Commonwealth), namely,information or an opinion (includinginformation or an opinion forming partof a database), whether true or not,and whether recorded in a materialform or not, about an individual whoseidentity is apparent, or can reasonablybe ascertained, from the information oropinion.

Program means the Women’sDomestic Violence Court AdvocacyProgram administered by Legal AidNSW.

Recipient Created Tax InvoiceAgreement means the form that theService Provider must complete inorder to receive Funding under thisAgreement as set out in Schedule 4.

Records means all Material stored byany means and all copies and extractsof the same, including the ServiceProvider’s financial accounts andrelated source data, such as bankrecords, receipts, invoices, chequebooks, wages records and petty cashdocuments.

Registered Auditor means a personregistered as an auditor under theCorporations Act 2001.

Safety Action Meeting or "SAM"

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means a regular meeting of relevantlocal Service providers that developsand implements action plans fordomestic violence victims at seriousthreat of injury or death throughtargeted information sharing.

Service means Women’s DomesticViolence Court Advocacy Service(WDVCAS) NSW, the peak body forWDVCAS workers.

Service Material means all Material(including Reports and records) paidfor in whole or in part with Fundingprovided under this Agreement

and produced for the purpose ofperforming the Service. ServiceMaterial includes documents,publications, web pages, software anddata stored by any means.

Termination Date means the dateon which this Agreement is terminatedin accordance with clause 15.

WDVCAP Policy Manual means thedocument detailing WDVCAS policiesand procedures which forms part ofthis Agreement.

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EXECUTED AS AN AGREEMENT ON _______________________

SIGNED for and on behalf of Legal Aid NSW

By

_______________________ _______________________

(Name) (Signature)

SIGNED for and on behalf of Young Women’s Christian Association NSW

By

_______________________ _______________________

(Name) (Signature)

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SCHEDULE 1. FUNDING

The amounts specified in this Schedule are GST exclusive.

Funding category

Amount Purpose

General Provision of a Women’s Domestic Violence Court Advocacy Service in line with clause 4, Schedule 5 and the WDVCAP Policy Manual.

Social, Community, Home Care and Disability Services Award (SACS) Equal Remuneration Order (ERO) supplementation

Assistance with meeting wage increases awarded through the Social, Community, Home Care and Disability Services industry Equal Remuneration Order 2012 (SACS ERO).

Case management and case tracking

Provision of case management and case tracking Services to women victims of domestic violence and their children.

Local Coordination Point

Provision of Local Coordination Point Services (threat assessment, case coordination and Safety Action Meeting secretariat support) to women victims of domestic violence and their children in line with clause 4, Schedule 5 and the WDVCAP Policy Manual.

Total

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SCHEDULE 2. PERSONNEL

1. The Service Provider must employ appropriate personnel to provide a Service in line with clause 4.

2. The Service Provider must advise Legal Aid NSW of all personnel and their hours of employment (strike through if not applicable and add additional positions).

Name PositionHours per week

Co-ordinator

Assistant Co-ordinator

Aboriginal Specialist Worker

Multicultural Specialist Worker

Court Advocacy Worker

Administration Worker

Local Coordination Point worker

Caseworker

Intake Worker

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1. The Service Provider’s employment policy must comply with Part 7 of the Commission for Children and Young People Amendment Act 2013 (NSW).

2. Special conditions:

i. The Service Provider will ensure that all personnel understand and comply with the WDVCAP Policy Manual including in regard to roles and responsibilities that may be specified from time to time by Legal Aid NSW.

ii. The Service Provider will not employ or use volunteers to provide any Service, or assist in administering any Service, under this Agreement, unless specific written approval has been obtained from the WDVCAP Manager.

iii. The Service Provider will ensure that all new personnel complete WDVCAP Core Training on the first available date and all existing personnel complete WDVCAP Core Refresher Training at least once during the Agreement period.

iv. The Service Provider will ensure that all Service personnel attend the WDVCAP forum held each year at the same time as the NSW Magistrates’ Conference.

v. The Service Provider will take all reasonable steps to ensure that Service personnel, especially the Co-ordinator, attend other WDVCAP forums and training sessions held by Legal Aid NSW.

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SCHEDULE 3. REPORTING REQUIREMENTS

PART A. OVERVIEW

Report Description Special requirements Due date

Annual budget

A statement of proposed expenditure of Legal Aid NSW Funding for the Financial Year

This budget must be: In accordance with

the line items used in the National Standard Chart of Accounts

Submitted using the template provided in Schedule 4

By 31 May each year for the forthcoming Financial Year (1 July – 30 June)

Half-yearly financial report

A statement of income and expenditure in the format provided by Legal Aid NSW

This report must be Viewed and

approved by the Co-ordinator and the Chairperson prior to submission to Legal Aid NSW

In accordance with the line items used in the National Standard Chart of Accounts


By 31 January each Financial Year for the period 1 July – 31 December

By 31 July each Financial Year for the period 1 January – 30 June

Half-yearly performance report

A report addressing the expected levels of performance set out in Schedule 4 and the conduct of the Service

This report must be: Viewed and

approved by the Co-ordinator and the Chairperson prior to submission to Legal Aid NSW


By 31 January each Financial Year for the period 1 July – 31 December

By 31 July each Financial Year for the period 1 January – 30 June

Audited Complete This report must be: By 31 October

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financial statement

audited financial statement showing the activity and funding of WDVCAS NSW

Prepared in accordance with Australian Accounting Standards and any statutory requirements that govern the Service Provider

Completed by an independent qualified accountant

each Financial Year for the period 1 July – 30 June, accompanied by the certificate of compliance

Certificate of compliance

Statement certifying whether the Funding has been fully expended on the Service in the preceding Financial Year

This report must be: Signed by the

chairperson and treasurer or financial officer of the Service Provider


By 31 October each Financial Year for the period 1 July – 30 June, accompanied by the audited financial statement

Client survey

A survey of WDVCAS satisfaction with the Service

This survey must be conducted: Professionally with

a view to improving Service delivery to WDVCASs (not as a monitoring mechanism for staff performance)

Using the template provided in the WDVCAP Policy Manual or a format that addresses the same key points as the template

At least once in every Service Agreement period

Survey results must be submitted to Legal Aid NSW upon completion of the survey at least once in every Service Agreement Period

Asset register

Record of all capital items with a value of $5,000 or more

This register must be: Maintained

regularly by the Service Provider for the duration of

To be made available to Legal Aid NSW upon request

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the Service Agreement

Kept using the template provided in Schedule 4

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SCHEDULE 4. TEMPLATES

A. ANNUAL BUDGET TEMPLATE

NOTE: This template must be submitted in Excel format (available from the WDVCAP)

Service : Financial year

NET SURPLUS/DEFICIT FROM PREVIOUS YEAR

CURRENT YEAR BudgetIncome

WDVCAP funding Service-generated income

Other Total income 0.00

ExpenditureSalaries

Superannuation On-costs

Rent Repairs and maintenance

Other premises costs Staff training

Staff recruitment Communications

Office overheads Insurance

Finance, audit & accounting fees Library, resources & subscriptions

Travel

Programming and planning Leases

Minor equipment Depreciation

Other

Sub-total salary and related expenses

-

Sub-total operating expenses -

Total expenditure -

Surplus/deficit for financial year -

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B. HALF-YEARLY FINANCIAL REPORT TEMPLATE

NOTE: This template must be submitted in Excel format (available from the WDVCAP)

Service : Reporting period

NET SURPLUS/DEFICIT FROM PREVIOUS YEAR

CURRENT YEAR

Half-year budget

Half-year actual

Variance

IncomeWDVCAP funding 0%

Service-generated income 0%

Other 0%Total income 0.00 0.00 0%

Expenditure

Salaries 0%Superannuation 0%

On-costs 0%

Rent 0%Repairs and

maintenance 0%Other premises costs 0%

Staff training 0%Staff recruitment 0%Communications 0%

Office overheads 0%

Insurance 0%Finance, audit & accounting fees 0%

Library, resources & subscriptions 0%

Travel 0%

Programming and planning 0%

Leases 0%Minor equipment 0%

Depreciation 0%Other 0%

Sub-total salary and

related expenses - 0.00 0%

Sub-total operating expenses

- 0.00 0%

Total expenditure - 0.00 0%

Surplus/deficit for half-year period

- 0.00 0%

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C. HALF-YEARLY PERFORMANCE REPORT TEMPLATE

PART A – Expected levels of performance

Performance measure

Expected level of performance

Was expected level reached? YES/NO

If NO, what steps have been taken to improve performance?

All Service Providers

Total number of clients serviced

SET LEVEL

Total number of Aboriginal clients servicedTotal number of culturally diverse clients servicedTotal number of service events providedTotal number of final Apprehended Domestic Violence Orders granted to clientsTotal number of referrals in regard to which contact was first attempted within one business day

SET LEVEL

Local Coordination Point Service Providers only

Total number of Safety Action Meetings held

SET LEVEL

Total number of victims considered at a Safety Action Meeting

SET LEVEL

Wagga Wagga and Macarthur Service Providers only

Total number of clients provided with case management Total number of clients case tracked through the court process

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PART B – Practice issues

All Service ProvidersAre your relationships with key partners (e.g. NSW Police Force) positive? How do you develop and maintain collaborative relationships with these partners?

Any there are emerging issues in your area in relation to WDVCAS practice?

Do you have a Police Prosecutor clinic in your area? If so, is it working well? If not, how do you support clients before hearing?

Do you have a Domestic Violence Practitioner Scheme (DVPS) in your area? Please list the areas of law about which your clients have received advice from the DVPS. If there is not a DVPS in your area, how do you connect clients with legal assistance?

How many seconded workers do you have on your roster? How many attend on an average list day? How do you expand and maintain your roster?

How many women defendants have you assisted during the Reporting period? Are there any emerging issues regarding women defendants?

Do clients generally attend court in your area? Do you have any issues regarding processes at court?

How many times have you completed the Mandatory Reporter Guide during the Reporting period? How many child protection Reports have you made to the Department of Family and Community Services (FACS)?

How many staff members have undertaken training or development activities this Reporting period?

(Please note that all new staff members are required to complete Core Training and all existing staff members are required to complete Core Refresher Training at least once in each Service Agreement period.)

Do you have any feedback about your Domestic Violence Justice Strategy (DVJS) obligations (other than issues raised above)?

Is the Central Referral Point working effectively?

How do you ensure all staff members are familiar with their obligations under the Domestic and Family Violence Information Sharing Protocol?


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Any there are emerging issues in your area in relation to Local Coordination Point practice?

Are Safety Action Meetings operating well in your area? Do you have any issues with key partners or processes?

NOTE:

Legal Aid NSW sets the expected level of performance for four performance measures:

Total number of clients serviced; Total number of referrals in regard to which contact is first attempted

within one business day; Total number of Safety Action Meetings held (if applicable); and Total number of victims considered at a Safety Action Meeting (if

applicable).

These expected levels of performance are based on NSW Government data and Domestic Violence Justice Strategy (DVJS) commitments. They are minimum expected levels and the Service Provider should easily exceed each one.

The Service Provider is responsible for setting the expected level of performance for all other performance measures.

Expected levels of performance may be modified during the term of the Service Agreement if written approval is obtained from the WDVCAP Manager.

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D. CERTIFICATE OF COMPLIANCE TEMPLATE

Certificate by two authorised office bearers of the Service Provider

1. We hereby certify that:

a) The Funding provided under the Service Agreement with Legal Aid NSW dated [insert date] have been used for the purpose for which they were provided;

b) The terms and conditions of the Service Agreement have been met;

c) The audited financial statements in respect of the Funding provided under the terms and conditions of the Service Agreement have been certified by a person who is registered as an auditor in accordance with the Corporations Act 2001 and are attached; and

d) Salaries and allowances paid to people employed using the Funding are in accordance with award salary rates or employment agreements.


a) the Funding provided under the Service Agreement have been fully expended; OR

b) the Funding provided under the Service Agreement have not been fully expended. An amount of $[insert amount] has not been expended and –

i. a cheque for this amount made payable to Legal Aid NSW is attached; OR

ii. [insert name] is seeking to retain this amount. A request form is attached.


a) The Service Provider employs workers that are classified as social and community Services workers impacted by the Social, Community, Home Care and Disability Services industry Equal Remuneration Order 2012 (SACS ERO); and

b) The SACS ERO Funding set out in Schedule 1 of the Service Agreement has been fully utilised for the sole purpose of meeting wage increases awarded through the SACS ERO; and

c) the Service Provider agrees to advise and refund Legal Aid NSW if there is any surplus SACS ERO Funding that has not been utilised for the purpose stated above by 31 October following the end of the Financial Year for which the Funding was provided.

Name: Name:

Signature: Signature:

Date: Date:

Position: Chairperson Position: Treasurer

Witness name: Witness name:

Witness signature: Witness signature:

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E. ASSET REGISTER TEMPLATE

Service:Service Provider:Service Agreement Period:

This asset register forms part of the Service Agreement. An asset is a capital item with a value of $5,000 or more.

Date of Purchase Item description Make and model Serial number Location Cost (excluding GST)

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F. RECIPIENT CREATED TAX INVOICE AGREEMENT TEMPLATE

RECIPIENT CREATED TAX INVOICE AGREEMENT

This agreement is between

RECIPIENT Legal Aid NSWABN 81 173 463 438323 Castlereagh Street, Haymarket, NSW,

2000

AND

SUPPLIER (Insert Service Provider)ABNADDRESS

A. Pursuant to A New Tax System (Goods and Services Tax) Act 1999 a determination was made cited as A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No 1) 2000 (“the determination”)

B. Arising from the determination was a ruling by the Commissioner of Taxation being Goods and Services Tax Ruling GSTR 2000/10 – Goods and Services tax: recipient created tax invoices (“the ruling”).

C. In this agreement the Recipient Created Tax Invoice shall be referred to as “the RCTI”.

1. The supplier and recipient agree that:a) This agreement is made to satisfy the requirements of the ruling.b) The following supplies are covered by this agreement from and after 1

July 2015: (the “supplies” that are covered by this agreement are determined to be the requirements for the supplier to expend grant Funding to provide Services, undertake certain activities and meet certain obligations as defined in the grant conditions between the supplier and the recipient and parties for whom the recipient manages Funding under the Women’s Domestic Violence Court Advocacy Program)

c) (i) The recipient can issue tax invoices in respect of these supplies.(ii) The supplier will not issue tax invoices in respect of these suppliers.(iii) The supplier acknowledges that it is registered for GST when it enters into this agreement.(iv) The recipient will notify the supplier if it ceases to be registered for GST.

2. The supplier and recipient also agree that:a) The recipient will issue the original, or a copy, of the RCTI to the

supplier within 28 days of making, or determining the value of the taxable supply and must retain the original or the copy.

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b) The recipient will issue the original, or copy, of an adjustment note to the supplier within 28 days of the adjustment and must retain the original or copy.

c) The recipient will reasonably comply with its obligations under the taxation laws.

d) The recipient will not issue a document that would otherwise be an RCTI, on or after the date when the recipient or supplier has failed to comply with any of the requirements of the determination.

SIGNED by or on behalf of the SUPPLIER (INSERT SERVICE PROVIDER)

Signature and date

Name (printed)

Position with entity

SIGNED by or on behalf of the RECIPIENT (Legal Aid NSW)

Signature and date

Name (printed)

Position with entity

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SCHEDULE 5. PRIORITY CLIENT GROUPS

Depending upon demand and resources, WDVCASs are required to provide assistance to women and children who are experiencing domestic violence in the following matters in order of priority:

1. Women in ADVO applications (Police and privately initiated) which are being heard on a mention basis on AVO list days (whether as an applicant or defendant);

2. Women in ADVO applications (Police and privately initiated) which are being heard on a mention basis on other court days (whether as an applicant or defendant);

3. Women who are considering ADVO proceedings and require information, advice and referral;

4. Women in ADVO applications (Police and privately initiated) which are set down for a defended hearing (whether as an applicant or defendant);

5. Women in APVO proceedings who have been subjected to stalking and intimidation, where there is no previous intimate relationship, subject to the discretion of the WDVCAS Co-ordinator;

6. Women in criminal charge matters involving domestic violence which are being heard on a mention basis with or without an associated ADVO application (whether as a victim witness or as a defendant);

7. Women in criminal charge matters involving domestic violence which are set down for a defended hearing with or without an associated ADVO application (whether as a victim witness or defendant);

8. Women in ADVO applications (Police and privately initiated) which are the subject of an appeal to the District Court (whether as an applicant or defendant); and

9. Intervention programs under the Criminal Procedure Act 1986, such as Circle Sentencing.


1. Women experiencing domestic violence referred through the Central Referral Point or another agency or Service in line with the NSW Government Domestic and Family Violence Framework for Reform.

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End of Agreement

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