Department of Communities Short Form Service Agreement
Community Services Act 2007
1.	
Chief Executive: Director-General of the Department of Communities or other person from time to time holding the office of chief executive under the Act.
2.	 Departmental Officer:
 Name:
 Position:
 Address:
 Telephone:
 Facsimile:
 Email:

3.	Funded Service Provider:  [insert name of Funded Serivce Provider (organisation)] ABN/ACN:[insert Funded Service Provider's ABN/ACN] Approved Service Provider Number: [insert ASP number. If one-off funding only AND the Funded Service Provider is not an ASP insert the words "not applicable".] Service Name: [insert name of service] Address of Service: [Insert the address from which the service operates] Service Number: [insert service number]     

4. Contact Officer:  Name: Position: Address: Telephone: Facsimile: Email:
5. Period of this Agreement: Start Date: End Date:
6. Funding:  Amount: Defined Term: $ [insert defined term amount per year] per annum over [insert number of years] years (exclusive of GST)  One-off: $ [insert total of one off amount] (exclusive of GST)   Payment Dates:  Payments will be made in advance, on a quarterly basis
7. Services:  Service Description: [insert description of the services (see instructions below that must be deleted from the final draft of the agreement)]   NCCS SERVICE SETTING CODE:  Hours of operation:  [insert the hours that the service is expected to be open to service users]  Arrangements for contact with service out of hours:  [insert appropriate details if applicable]
Funded NCCS activities
Performance Measurement Table
8. Budget: Salary costs:  Operational costs: One-off costs: TOTAL
9. Assets: For the purpose of the Agreement an Asset is an item with a value of more than $5,000 and a life of more than 12 months. Funding is provided for the following Assets included in the above budget. You must maintain an Asset register. For the purpose of this Agreement, the Asset register should include the following information about Assets purchased wholly or partly with funding from the Chief Executive, including those purchased before You signed this Agreement, which currently have a value of more than $5,000 and a useful life of more than 12 months:
•	Asset description;
•	serial or identification number;
•	purchase price (net of any trade-in);
•	proportion of the purchase price from the funds provided by the Chief Executive;
•	date of purchase;
•	insurance policy details (where applicable);
•	income from sale of Asset;
date transferred, sold or disposed.
The Bill of Sale for Motor Vehicles (see clause 12.4) should include the following information:
•	registration number;
•	vehicle make;
•	vehicle model;
•	body shape;
•	year built;
•	vin/chassis number;
engine number.

  
10. Additional Conditions: [insert Additional Conditions (Service Plan). Refer to List of Additional Conditions for inclusion of program specific mandatory clauses]  
11. Reports:
Report:  [insert any additional report(s), if no additional reports delete this text box]  Due Date: [insert due date for additional report(s), if no additional reports delete this text box]

Performance reports – annual as per performance measure table   Yearly financial reports including: Performance report to be supplied by 28 July of each year.

Financial acquittal report provided annually as set out in Item 8 Budget signed by two members of the executive or committee responsible for the activities of Your organisation. If you are a local government authority or tertiary institution, You may provide reports certified by the chief accounting officer or equivalent.  [insert due date for additional report(s), if no additional reports delete this text box] 

AND;

Either 
A copy of Your annual audited financial statement if Your organisation is required by legislation to produce one.   Annual audited statement to be submitted 6 months after the end of Your financial year.

OR

If your organisation is not required to by legislation to provide an audited financial report You are required to submit an annual Financial statement to be signed by two members of the executive or committee responsible for the activities of Your organisation.  Annual Financial statement to be submitted 6 months after the end of Your financial year.

Completion report – a statement signed by You stating that the Funding has been used in accordance with this Agreement. 28 days after the End Date of this Agreement.

12. Address for Reports 
Financial and Performance Reports to be provided electronically via the Department online reporting system at https://secure.disability.qld.gov.au/ngo/login.aspx

Should you require assistance accessing this site contact your departmental liaison officer

13. Liaison Officer:  Name:  Position:  Postal Address:  Telephone:  Facsimile:  Email:
Parties:	Chief Executive
the person named as the Funded Service Provider in the Particulars	(‘You’)
This Agreement is entered into in accordance with section 27 of the Act.  The type of assistance provided under this Agreement is Funding.
IT IS AGREED
1	Definitions
1.1	In this Agreement the definitions in the Particulars and the following definitions apply:
“Act” means the Community Services Act 2007;
“Agreed Purpose” means to provide the services specified in the Particulars;
“Approved Service Provider” has the meaning given in the Act;
“Asset" means the items described in the particulars or any other Asset purchased with an amount of Funding that has a value of more than $5,000 and a useful life of more than 12 months;
“Department” means the Department of Communities or any other department or agency of the Queensland Government responsible for the administration of this Agreement;
“Financial Acquittal Report” means a report of Your financial performance relating to the service delivery of the services as set out in line with 8. Budget above which details expenditure against Salary, Operational and One-off costs.  
“Funding” means the money provided to deliver Services as specified in 6 Funding (above) inclusive of funding increases such as Indexation that maybe provided from time to time;
“GST” means any tax imposed under the GST Legislation;
“GST Amount” means the GST payable in respect of a taxable supply under this Agreement, calculated at the rate of GST applicable at the time (10% as at the Start Date);
“GST Legislation” means A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposition Act;
“Indexation” means a percentage increase of funding as determined by the chief executive without variation to the Agreed Purpose  
“Implement”, in relation to a document, means when providing the Services, You implement and comply with the procedures and other matters stated in the document;
“Keep”, in relation to a document, means prepare the document and keep it up-to-date;
“Online Reporting System” means the Department’s online reporting system for the electronic lodgement of financial and performance reports;
“Payroll Summary” means a summary of payments of salaries and wages to Your employees employed in the delivery of the Services including the name of the employee, gross payments, deductions and net payments;
“Profit and Loss Statement” means a statement of financial performance relating to the delivery of the Services setting out all items of income and expenditure relating to the delivery of the Services;
“Queensland Minimum Wage” has the meaning given in the Industrial Relations Act 1999;
“Show Cause Process” means the show cause process in Division 2 of Part 6 of the Act; and
“Report Against Performance Measures” means a report setting out the extent to which each Performance Measure has been achieved;
“Taxable Supply” has the meaning given in the GST Legislation.
1.2	In this Agreement:
(a)	words in the singular include the plural and vice versa;
(b)	a reference to any legislation includes any legislation amending, consolidating or replacing it; and
(c)	if an expression is defined, other grammatical forms of that expression have a corresponding meaning.
2	Term
This Agreement starts on the Start Date and ends on the End Date.
3	Approval
3.1	If You are not an Approved Service Provider You must take action to become an Approved Service Provider as soon as reasonably practicable after the Start Date.
3.2	The Chief Executive will stop the Funding 6 months after the Start Date if You do not become an Approved Service Provider within that time.
3.3	If this agreement is for one off funding then You are not required to be an Approved Service Provider.

4	Services
4.1 You must:
(a)	provide the Services;
(b)	comply with all relevant laws including the Community Services Act 2007 and the Community Services Regulation 2008;
(c)	implement the Standards for Community Services at http://www.communities.qld.gov.au/community/strengthening_ngos;
(d)	comply with any policies of the Department notified to You in writing which state that the policies apply to services funded by the Department;
(e)	carry out the Services diligently, effectively and in a professional manner; and
(f)	comply with all reasonable requests, directions, and monitoring requirements of the Chief Executive.
4.2	Your conduct
(a)	You must:
(i)	provide the Services without coercion and in a manner that promotes the privacy, dignity, self-esteem and independence of service users to the end benefit of the target group; and
(ii)	provide service users with access to and assistance with the Services on the basis of need, but otherwise on a non-discriminatory basis unless a Service is provided to meet the needs of a specific target group such as youth, older people or women.
(b)	You will use Your best endeavours to liaise and coordinate with other community organisations and government agencies within the service system in which Your organisation is operating with a view to providing the most effective services in all the circumstances to the maximum potential overall benefit of service users and the target group.

5	Payment of Funding
5.1	The Chief Executive will make the Funding available to You on the Payment Date.
5.2	The Chief Executive may withhold the Funding until You:
(a)	submit any outstanding Report; and
(b)	provide any Services due to be provided before the Payment Date.
6	GST
6.1	The amounts of Funding specified in the Particulars are exclusive of GST.
6.2	If Your supplies to the Chief Executive under this Agreement are Taxable Supplies:
(a)	the Chief Executive must pay You the GST Amount at the same time as paying You the Funding;
(b)	the Chief Executive may issue You with Recipient Created Tax Invoices (RCTI) in respect of the supplies;
(c)	You must not issue Tax Invoices in respect of the supplies for which the Chief Executive issues RCTIs;
(d)	You acknowledge that You are registered for GST when You enter into this Agreement and You must notify the Chief Executive if You cease to be registered; and
(e)	the Chief Executive acknowledges that the Chief Executive is registered for GST when the Chief Executive enters into this Agreement and must notify You if the Chief Executive ceases to be registered.
6.3	If, for any reason, the amount of GST paid by the Chief Executive differs from the amount of GST payable by You to the Commissioner of Taxation, the Chief Executive must issue an appropriate recipient created adjustment note and any difference must be paid to or by the Chief Executive as the case may be.
7	Use of Funding
7.1	You must spend the Funding only on the Services.
7.2	If at the End Date or termination of this Agreement there is any unspent Funding the Chief Executive may require You to refund the unspent Funding.
7.3	Where You submit a Financial Acquittal Report or a Profit and Loss Statement which shows that a substantial portion of the Funding for the previous period is unspent by You then the Chief Executive may:
(a)	require You to refund the unspent Funding;
(b)	adjust a payment of the Funding to take account of the unspent Funding; or
(c)	authorise You to retain the unspent Funding and, if the Chief Executive so authorises, to expend some or all of that Funding for an approved purpose.
8	Changes
8.1	You must notify the Departmental Officer in writing of any significant changes in Your organisation such as a change of address, a change of principal office bearers, contact persons, or key staff.
8.2	You must notify the Departmental Officer of matters in accordance with section 22 of the Act relating to your approval as an Approved Service Provider
9	Reporting and monitoring
9.1	You must submit the Reports to the Chief Executive by the Due Dates for the Reports.
9.2	You must give the Departmental Officer, or other employee of the Department,:
(a)	Access to the premises where the Services are provided; and
(b)	Access to Your records and accounts which are relevant to the Services, and
(c)	Copies of records and accounts which are relevant to the service including profit and loss statements and payroll summaries.
as reasonably requested by the Departmental Officer.
9.3	You must co-operate with the Department in the conduct of any review or study of the Services that the Department undertakes.
9.4	If You are aware of an allegation of misconduct or dishonesty of a serious nature relating to the operation of the Services You must report the allegation to a relevant authority such as the Queensland Police.
9.5	You must notify the Departmental Officer when You:
(a)	become aware of any allegation of misconduct or dishonesty concerning You; or
(b)	have reported any allegation of misconduct or dishonesty to a relevant authority.
10	Prescribed Requirements
10.1	Protecting users and others from harm
(a)	You must take reasonable steps to:
(i)	if You are aware of, or ought reasonably to be aware of, an unacceptable risk of harm -prevent the harm occurring; and
(ii)	provide support to—
a.	a person who has been harmed; and
b.	a person who reports harm to You.
•	You must Keep a record of each instance of harm or suspected harm, and the action taken by You.
•	In this clause “harm” means harm, including self harm, to a user or another person happening in the course of providing the Services.
o	Hours of operation and arrangements for contact with services users
•	You must operate the Services for the operating hours specified in the Particulars.
•	You must maintain arrangements for contact with service users specified in the Particulars.
o	Dealing with complaints
•	You must Keep and Implement a document outlining Your procedure for dealing with complaints about the Services.
•	You must make the procedure available for viewing by a person, if requested by the person.
•	You must not, if a person makes a complaint to You about the Services, discontinue or reduce the Services or otherwise take recrimination because a person makes a complaint to You about Your services.
o	Financial management and accountability generally
•	You must ensure:
•	appropriate financial delegations are in place; and
•	appropriate internal controls are in place to prevent misuse or misappropriation of funding received from the Department.
•	You must Keep a record of the delegations and controls.
•	You must have accounting and financial record keeping systems that allow funding received from the Department to be accurately identified and accounted for.
o	Assistance to be used for agreed purpose
You must conduct Your operations in a way that ensures assistance received from the Department is used for the Agreed Purpose under this Agreement.
10.2	Roles and responsibilities of executive officers and employees
(a)	You must Keep a written statement of each executive officer’s and employee’s role and responsibilities relating to providing the Services.
(b)	You must take reasonable steps to ensure the executive officer or employee has a sufficient knowledge of, and the competency to effectively perform, the role and responsibilities.
10.3	Volunteers’ knowledge of, and supervision in performing, tasks performed for You
You must take reasonable steps to ensure each volunteer who performs tasks for You:
(a)	has a sufficient knowledge of the tasks the volunteer is to perform; and
(b)	receives supervision appropriate for the tasks.
10.4	Executive officers’ knowledge of legislation and governing documents
(a)	You must take reasonable steps to ensure each executive officer has a sufficient knowledge of the prescribed documents, including, in particular, Your obligations under the documents relevant to providing the Services.
(b)	In this clause “prescribed documents” means:
(i)	the Act and the Regulation; 
(ii)	any constitution or other governing document for You; 
(iii)	the Act under which You are established; and
(iv)	this Agreement.
11	Conflict of Interest
11.1	Policy
You must Keep and Implement a policy about conflicts of interest of Your executive officers, employees and volunteers. The policy must include guiding principles and procedures for identifying, declaring and dealing with conflicts of interest.
11.2	Record
You must Keep a record of each instance of a conflict of interest arising in the provision of the Services and how the matter was dealt with.
11.3	Definition
In this clause “conflict of interest” includes a potential conflict of interest.

12	Assets
12.1	Purchase of Assets by You
Where the Chief Executive has given their approval for You to purchase an Asset with the Funding, the Asset must be purchased within three months of the date of approval for the purchase (unless otherwise agreed by the Chief Executive).
12.2	Ownership
You must be the owner of any Asset purchased with the Funding.
12.3	Your obligations regarding Assets
You must:
(a)	only use the Asset for purposes connected with the Services;
(b)	keep the receipts evidencing the expenditure of the Funding to purchase the Asset;
(c)	not encumber, use as a security or dispose of the Asset, or deal with or use the Asset other than in accordance with this Agreement without the prior written approval of the Chief Executive;
(d)	hold the Asset securely and safeguard it against theft, loss, damage or unauthorised use;
(e)	maintain the Asset in good working order;
(f)	if required by the Chief Executive, maintain current insurance against risk, loss or damage over the Asset for the full insurable value of the Asset;
(g)	if required, maintain registration and licensing of the Asset; 
(h)	comply with any reasonable request of the Chief Executive concerning the Asset; 
(i)	be fully responsible for, and bear all risks relating to, the purchase, use or disposal of the Asset; and
(j)	maintain an Asset register in the format as specified in the Particulars.
12.4	Motor vehicle
(a)	Where You have purchased a motor vehicle with the Funding, You must execute a Bill of Sale in favour of the Chief Executive over the motor vehicle.
(b)	The Department will prepare the bill of sale and, once executed by You, attend to the registration of the bill of sale and meet any fees or charges associated with the registration. 
(c)	You must maintain current insurance cover over the vehicle for its full insurable value.
12.5	Sale or disposal
If You no longer require an Asset for whatever reason (including redundancy of the Asset, dilapidation or the need for upgrading) You will:
(a)	use Your best endeavours to achieve fair market value upon sale of the Asset;
(b)	apply sale proceeds only for the Services;
(c)	add the replacement to the Asset register specified in the assets table of the Particulars which form part of this agreement; and
(d)	notify the Chief Executive of the replacement where the value of the replacement is more than $10,000.

13	Privacy and confidentiality
13.1	If You deal with personal information when providing the Services, You must provide a copy of Your Privacy Notice to the person giving the personal information. Your Privacy Notice must be of a standard acceptable to the Department.
13.2	You must make every reasonable effort to ensure that Your employees, volunteers, agents and subcontractors treat any confidential information they receive or are made aware of in accordance with the requirements and standards notified to You by the Department.
14	Department’s material
14.1	All material (including files and records) provided to You by the Department:
(a)	remains the Department’s property;
(b)	must only be used for providing the Services; and
(c)	must be returned by the End Date.
15	Acknowledgment
15.1	You must acknowledge the Funding:
(a)	in any materials created by you for the provision of the Services; 
(b)	in Your annual report, if You produce an annual report; and
(c)	at conferences or major events using the acknowledgement logo supplied by the Department.
16	Insurance
16.1	You must maintain public liability insurance for not less than $5 million per event and give evidence of that insurance to the Chief Executive on request.
17	Reducing or Ceasing the Funding to You
17.1	Change of policy or need
(a)	Where the Chief Executive:
(i)	is required to reduce or cease the Funding to You because of changes to the State budget or any guidelines or policies of the State or Commonwealth Government; or
(ii)	determines that the needs of the service users and the target group no longer justify the Funding or that other persons are in greater need than the service users and the target group,
the Chief Executive may reduce or cease the Funding to You by giving You three months written notice.
(b)	Where the Funding is reduced as a result of the circumstances stated in clause 17.1 the Chief Executive will renegotiate the scope of the Services with You.
18	Breach
18.1	You will be in breach of the Agreement and the Chief Executive may stop the Funding, after following the Show Cause Process, if:
(a)	the Chief Executive is satisfied that any of the conditions of this Agreement are not being or have not been complied with by You;
(b)	You become insolvent;
(c)	You become subject to any form of external administration; 
(d)	You enter into an arrangement with Your creditors or otherwise take advantage of any laws in force in connection with insolvent debtors; or
(e)	You are wound up, voluntarily or involuntarily.
18.2	This Agreement is terminated if the Chief Executive stops the Funding under clause 3.2 or clause 18.1.
18.3	If the Chief Executive stops the Funding due to non-compliance with a compliance notice under Section 32 of the Act then this Agreement is terminated.
18.4	If this Agreement is terminated, You must:
(a)	comply with the requirements specified in any notice, including any directions regarding the disposal of Assets funded under this Agreement; and
(b)	do everything possible to mitigate all losses and expenses that You may incur as a result of the termination.
19	Employees’ conditions
19.1	You must ensure that:
(a)	the terms and conditions of employment of Your employees are no less favourable than those that applied prior to 27 March 2006; and
(b)	during the term of this Agreement the rates of pay for Your employees are adjusted at least annually by multiplying the rates by at least:
b ÷ c 
where:
b = 	Queensland Minimum Wage as at the date of the adjustment; and
c =	Queensland Minimum Wage as at the later of the Start Date or the date of the last adjustment under this clause.
19.2	You must comply with the reasonable requirements of the Department of Employment and Industrial Relations in relation to monitoring Your obligations under this clause.
19.3	Your must use Your best endeavours to ensure that Your employees consent to disclosure of their time and wage records to the Department of Employment and Industrial Relations for the purposes of monitoring Your obligations under this clause.
20	Intellectual property
20.1	Ownership of all intellectual property rights in all material You create while providing the Services (“the Material”) vests in You.
20.2	You grant a perpetual, irrevocable, royalty-free, world wide and non-exclusive licence (including a right to sub-licence) to use, communicate, reproduce, publish, adapt, and modify, the Material, but without the right to commercialise the Material unless the Material has been developed as a direct consequence of the Funding.
20.3	Nothing in this clause 20 will affect the Intellectual Property Rights, if any, in traditional Aboriginal and Torres Strait Islander cultural practices which may be embodied in Material or Existing Material.
21	General provisions
21.1	This Agreement may only be varied by agreement in writing signed by both parties, however, the Chief Executive may make an Indexation increase of the Funding to You from time to time.
21.2	This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, arrangements and agreements between the parties.
21.3	You may not assign the Agreement without the prior written consent of the Chief Executive.
21.4	You must not, without the prior written consent of the Chief Executive, subcontract the whole, or any part, of your obligations under this Agreement.  The Chief Executive will not unreasonably withhold consent but may impose conditions on approval and may subsequently revoke approval of a subcontractor on any reasonable ground.
21.5	No agency or partnership exists between You and the Chief Executive or the Department and You must not represent Yourself or allow Yourself to be represented as a partner, employee or agent of the Chief Executive or the Department.
21.6	This Agreement will be governed by and construed in accordance with the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
21.7	A waiver by a party of any breach of a provision of this Agreement is not a waiver of any other or subsequent breach.
21.8	Nothing in this Agreement limits any person’s rights and obligations under the Act.
21.9	The Chief Executive and You:
(a)	consent to communicating electronically; and
(b)	agree that a trusted and secure means of providing a signature is where an electronic signature:
(i)	is attached to or is logically associated with the electronic message to which the signature relates;
(ii)	adequately identifies the signing person’s approval of the information to which the signature relates; and
(iii)	is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.
21.10	Clauses 7, 8, 10, 14, 15, 18 and 20 survive the expiration or termination of this Agreement.
EXECUTED as an Agreement

SIGNED by [insert name], [insert position] as delegate for the Director-General for the Department of Communities appointed pursuant to s 132 Community Services Act 2007:
		
Signed

	Date:       /       /      

		
      Signed by Witness

		
       Name of Witness

SIGNED by [insert name of person signing] [insert position of person signing] for and on behalf of [insert name and ABN of Funded Service Provider (organisation)] as its duly authorised officer:
		
Signed

	Date:       /       /      

		
      Signed by Witness

		
      Name of Witness