Subject matter of administrative services agreement
173C Subject matter of administrative services agreement
An administrative services agreement—
must provide for the services to be provided by the contractor; and
must provide for the fees, costs and charges to be paid to the contractor; and
must provide for objectives and performance standards in relation to the contractor's operations under the administrative services agreement; and
must provide for standards of probity applicable to persons employed by, or engaged to provide services for, the contractor in connection with the contractor's operations under the administrative services agreement; and
must provide for compliance by the contractor with all relevant provisions of any Act, regulations or other instrument of a legislative character; and
must provide for rights of access in favour of the Crown to any premises occupied by the contractor or a sub‑contractor in connection with the contractor's operations under the administrative services agreement and to any document or equipment on those premises that is in the possession of the contractor or a sub-contractor and that relates to, or is used in connection with, the contractor's operations under the administrative services agreement; and
must provide for the submission to the Ministers of periodic reports, or the periodic carrying out of a performance audit, in relation to the contractor's operations under the administrative services agreement; and
must provide for the protection of information gained by the contractor in connection with the contractor's operations under the administrative services agreement and impose restrictions on access to the information and on its disclosure and use; and
must provide for the protection of any information management systems, information technology systems or other tools used by the contractor to provide services under the administrative services agreement; and
may provide for the extent of indemnities and warranties by parties to the administrative services agreement; and
may specify liabilities, risks and insurances; and
may provide for the provision by the contractor of a performance bond; and
must provide for the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of services under the administrative services agreement; and
must provide for the Ministers, the Crown or any other person or body to take over, or nominate any other person or body to take over, in specified circumstances rights or obligations under the administrative services agreement or any other administrative services agreement or under any transaction; and
may contain any other provisions that are not inconsistent with this Act, the regulations, the Infringements Act 2006 or any regulations under that Act.
S. 173D inserted by No. 59/2017 s. 62.
This Act’s bill:Explanatory memorandumSecond reading speech
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