Minimum matters to be included in contracts
45 Minimum matters to be included in contracts
A contract under section 44 must provide for all of the following —
compliance by the contractor, any subcontractor and their employees and agents with this Act and other relevant written laws;
compliance by the contractor with the obligations that the contractor has under the Coroners Act 1996 as a person who holds a resident in care;
objectives and performance standards in relation to the provision of the declared place services;
fees, costs and charges to be paid to and by the contractor;
compliance by the contractor, any subcontractor and their employees and agents with the minimum standards established under section 46 in relation to the provision of the declared place services;
the submission of reports in relation to the contractor’s obligations under the contract;
notification by the contractor of any change in the control, management or ownership of —
the contractor; or
a subcontractor, or a member of a class of subcontractors, specified in the contract for the purposes of this paragraph by the CEO;
the circumstances in which the CEO can intervene in, or suspend or terminate, a contract and requisition property in the case of a terminated contract, and the financial and other consequences of doing so;
codes of ethics and conduct, as approved by the CEO, to apply to the contractor, any subcontractor and their employees and agents;
reporting procedures to notify the CEO of the following —
the death of a resident;
a resident being absent without leave;
a resident being absent from a declared place because he or she is receiving medical treatment elsewhere;
the occurrence of an accident, serious irregularity or other unusual event that adversely affects the good order or security of a declared place;
investigation procedures and dispute resolution mechanisms for complaints about the provision of the declared place services;
an indemnity by the contractor in favour of the Commission;
the office the holder of which is to be the principal officer of the contractor and the subcontractors under the relevant contract for the purposes of the Children and Community Services Act 2004, the Corruption and Crime Commission Act 2003, the Freedom of Information Act 1992 and the Parliamentary Commissioner Act 1971;
any other matter prescribed by regulation.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
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