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Capital Works Funding Memorandum of Understanding
BETWEEN THE
Commonwealth of Australia as represented by and acting through the Department of Families, Housing, Community Services and Indigenous Affairs ABN 36 342 015 855
AND
New South Wales Victoria Queensland Western Australia South Australia Tasmania Australian Capital Territory Northern Territory
for various capital works projects to assist with the provision of Supported Accommodation Facilities for people with disability
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Contents
Part A Understanding this MOU ............................................................................................3
1. Definitions ....................................................................................................................3
2. Interpretation ...............................................................................................................7
3. How this MOU works...................................................................................................7
4. Key Principles..............................................................................................................8
Part B Capital Works Project .................................................................................................8
5. Your responsibilities in carrying out the Capital Works Project.............................8 5.1 Your responsibilities.......................................................................................8 5.2 You are responsible for Your obligations.......................................................8
6. Capital Works Project Manager..................................................................................8 6.1 You will appoint a Capital Works Project Manager ........................................8 6.2 Our requirements for Your Capital Works Project Manager ..........................9 6.3 We will approve the Capital Works Project Manager.....................................9
7. Capital Works...............................................................................................................9 7.1 Construction Standards .................................................................................9 7.2 Capital Works Project Documents .................................................................9 7.3 Completion of Capital Works .......................................................................10 7.4 Construction Requirements .........................................................................10 7.5 Material variation of Capital Works ..............................................................10 7.6 You will co-operate with Other Contractors .................................................10 7.7 Survey..........................................................................................................10 7.8 Safety...........................................................................................................11 7.9 Cleaning Up .................................................................................................11 7.10 The Environment .........................................................................................11 7.11 Valuable objects found on Site ....................................................................11
8. Quality of the Capital Works.....................................................................................12 8.1 Construction.................................................................................................12 8.2 Quality Assurance........................................................................................12 8.3 Departmental Officer may Inspect ...............................................................12 8.4 Testing .........................................................................................................12 8.5 Costs of Testing...........................................................................................12 8.6 Defects.........................................................................................................13 8.7 Correction of Defect or Variation .................................................................13 8.8 Claim for Correction of Defect or Variation ..................................................13 8.9 Acceptance of Work.....................................................................................13 8.10 Extension of Defects Responsibility Period .................................................13
9. National Code of Practice and Building and Construction Industry Improvement (BCII) Act.............................................................................................14 9.1 Application of this clause 9 ..........................................................................14 9.2 Compliance with the Code...........................................................................14 9.3 Compliance with the BCII Act ......................................................................14 9.4 Your responsibilities.....................................................................................14
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9.5 Changes to this MOU ..................................................................................14 9.6 Records .......................................................................................................15 9.7 Subcontractors records................................................................................15 9.8 Effect of non-compliance .............................................................................15 9.9 Compliance with sanctions ..........................................................................16 9.10 Subcontractors' responsibilities ...................................................................16
10. You will keep Us informed........................................................................................16
11. You will acknowledge Our support..........................................................................16
12. You will comply with all relevant laws and policies...............................................16
13. You will keep records, provide Reports and allow Us access ..............................16 13.1 You will keep certain records.......................................................................16 13.2 You will produce records to Us upon Our request .......................................17 13.3 Auditor-General and Information Commissioner..........................................17 13.4 You will provide Us with Reports .................................................................17 13.5 You will ensure that the Final Acquittal Report is audited............................18 13.6 If requested, You will ensure that other Reports are audited.......................18 13.7 You will keep copies of all Reports, records and account books .................18
Part C About the Funding.....................................................................................................18
14. Payment of the Funding............................................................................................18 14.1 Payment of Funding to You .........................................................................18 14.2 Your Australian Business Number...............................................................19 14.3 Your bank account.......................................................................................19 14.4 Where We will not make payments .............................................................19 14.5 Where We may defer, suspend, reduce or withhold payments ...................19
15. Recipient Contribution..............................................................................................20
16. Spending and Refunding the Funding.....................................................................20 16.1 Spending the Funding..................................................................................20 16.2 You will pay Us Funding You do not spend in accordance with
this MOU......................................................................................................20 16.3 You will spend the Funding in accordance with the Budget.........................20
17. Using the Funding to acquire Assets ......................................................................20 17.1 When does this clause 17 apply to You?.....................................................20 17.2 You own the Assets unless the Schedule states otherwise.........................21 17.3 Your obligations in regard to Assets ............................................................21 17.4 What is the meaning of Depreciation Rate? ................................................21 17.5 What happens if You sell an Asset? ............................................................21 17.6 What happens to the Asset at the end of the MOU? ...................................22
Part D Material and Information...........................................................................................22
18. Our Material................................................................................................................22 18.1 What is Our Material? ..................................................................................22 18.2 Who owns Our Material? .............................................................................22 18.3 You will return Our Material .........................................................................22 18.4 How You may use Our Material ...................................................................22 18.5 You will keep Our Material safe ...................................................................22
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19. Intellectual Property Rights......................................................................................23 19.1 What is the meaning of particular terms used in this clause 19?.................23 19.2 Who owns Intellectual Property Rights under this MOU?............................23 19.3 Use of Intellectual Property Rights...............................................................23 19.4 You will arrange for third parties to licence Intellectual Property
Rights to Us .................................................................................................24 19.5 Legally enforceable agreement regarding IPR ............................................24 19.6 You agree to give effect to this clause 19....................................................24 19.7 You will protect Our Intellectual Property Rights..........................................24 19.8 You will ensure that the author of Project Material has given
consent to Specified Acts ............................................................................24 19.9 You will ensure that You are entitled to deal with IPR in Material................25
20. Confidential Information ...........................................................................................25 20.1 What is Confidential Information?................................................................25 20.2 What is not Confidential Information?..........................................................25 20.3 When can the parties disclose Confidential Information? ............................25 20.4 We may require You to give confidentiality deeds .......................................26
21. Personal Information.................................................................................................26 21.1 When does this clause 21 apply? ................................................................26 21.2 What is Personal Information?.....................................................................26 21.3 Other definitions relating to Personal Information........................................26 21.4 Your obligations about Personal Information ...............................................26 21.5 What about Your Subcontractors?...............................................................27
Part E Dealing with Risk.......................................................................................................27
22. Insurance....................................................................................................................27 22.1 Confirmation of Self-Insurance by You ........................................................27 22.2 Subcontractor Insurance Requirements ......................................................27
23. The Site.......................................................................................................................27 23.1 Encumbrances.............................................................................................27 23.2 You will ensure certain things about the Site ...............................................27 23.3 What You will do during the Term................................................................28 23.4 Your Capital Works Project Manager will be on Site where
reasonably necessary..................................................................................28 Part F Termination ................................................................................................................28
24. Ending a Capital Works Project ...............................................................................28 24.1 We may end a Capital Works Project if You default ....................................28 24.2 Consequences of ending a Capital Works Project under clause
24.1..............................................................................................................28 25. We may end or reduce the scope of a Capital Works Project and
compensate You........................................................................................................29 25.1 We may end, or reduce the scope of, a Capital Works Project ...................29 25.2 What You will do if We end, or reduce the scope of, a Capital
Works Project ..............................................................................................29 25.3 Our payment to You for costs ......................................................................29 25.4 What we will not pay You.............................................................................30
26. Ending this MOU........................................................................................................30
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26.1 A Party may end this MOU ..........................................................................30 Part G Other Matters .............................................................................................................30
27. Resolving any disputes between Us and You ........................................................30 27.1 How will disputes be resolved?....................................................................30 27.2 The Parties will continue to perform their obligations during a
dispute .........................................................................................................30 27.3 When this clause 27 does not apply ............................................................31
28. Your legal relationship with Us ................................................................................31
29. Subcontractors ..........................................................................................................31 29.1 Your responsibilities regarding Subcontractors ...........................................31
Part H Some general matters about this MOU ...................................................................31
30. Term of this MOU.......................................................................................................31
31. This is the entire MOU...............................................................................................31
32. Intention of this MOU ................................................................................................32
33. Notices under this MOU............................................................................................32 33.1 Address for Notice .......................................................................................32 33.2 How will notices be delivered?.....................................................................32 33.3 When are notices deemed to be received? .................................................32
34. Which clauses continue after this MOU ends?.......................................................33
SCHEDULE 1..............................................................................................................................38
Schedule 2 - Supported Accommodation for people with Disability with Ageing Carers .........................................................................................................................41
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Capital Works Funding Memorandum of Understanding dated 2008
Parties Commonwealth of Australia, as represented by and acting through the Department of Families, Housing, Community Services and Indigenous Affairs ABN 36 342 015 855 of Tuggeranong Office Park, Athllon Drive, Greenway ACT 2905 (Department, Us, We or Our)
New South Wales, as represented and acting through the Department of Ageing Disability and Home Care ABN 34 538 109 783 of Level 5, 83 Clarence Street, Sydney NSW 2000 (You or Your)
Victoria, as represented and acting through the Department of Human Services ABN 97 643 356 590 of 50 Lonsdale Street, Melbourne VIC 3001(You or Your)
Queensland, as represented by and acting through Disability Services Queensland ABN 25 791 185 155 of Level 13, 111 George Street, Brisbane QLD 4001 (You or Your)
Western Australia, as represented and acting through the Disability Services Commission ABN 36 922 715 369 of 140-160 Colin Street, West Perth WA 6872 (You or Your)
South Australia, as represented and acting through the Department of Families and Communities ABN 11 525 031 744 of Level 2, Riverside Building North Terrace Adelaide SA 5000 (You or Your)
Tasmania, as represented and acting through the Department of Health and Human Services ABN 11 255 872 006 of Gellibrand House, St Johns Park New Town TAS 7008 (You or Your)
Australian Capital Territory, as represented and acting through the Department of Disability Housing and Community Services ABN 26 471 407 289 of Nature Conservation House, 153 Emu Bank, Belconnen ACT 2617 (You or Your)
Northern Territory, as represented and acting through the Department of Health and Community Services ABN 84 085 734 992 of 87 Mitchell Street Darwin NT 0811 (You or Your)
Purpose of this Memorandum of Understanding
A. We and You are committed to the Program.
B. We and You recognise that our collaboration in the Program will be to our mutual benefit and to the benefit of the Australian people.
C. This Memorandum of Understanding (MOU) establishes a funding arrangement between We and You under which:
(a) We may provide funding to You to conduct a Capital Works Project relevant to the Program; and
(b) You undertake the Capital Works Project which we so fund.
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D. Each Project Schedule to this MOU sets out specific requirements and information regarding each Capital Works Project to which that Project Schedule relates. You will conduct each Capital Works Project in accordance with the terms of this MOU and the relevant Project Schedule.
E. Your conduct of each Capital Works Project will assist in the provision of Supported Accommodation Facilities that will contribute to the enhanced lifestyles of people with disabilities and their older carers.
F. This MOU shall continue in force and effect until the earlier of the following dates or events:
• 30 June 2012; • earlier termination of this MOU. G The Funding under this MOU is specifically covered by Commonwealth State Territory
Disability Agreement SPP Appropriation. The Parties have relied on ATO GSTR 2006/11 for their understanding that the Funding is specifically covered by an appropriation under an Australian law. No GST will be payable on this funding because the funding meets the requirements of section 9-15(3)(c) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and GSTR 2006/11.
The parties agree
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Part A Understanding this MOU
1. Definitions
In this MOU, if the context permits:
Approved Auditor has the meaning given in clause 13.3.
Asset means any item of personal, real or incorporeal property, with a price or value of $5,000 or more, inclusive of GST, and which has been created, acquired or leased wholly or in part with the Funding. 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 (Cth).Budget means, in relation to a Capital Works Project, the budget (if any) set out at Item H of the relevant Project Schedule.
Business Day in relation to the doing of any action in a place, means any day other than a Saturday, Sunday, public or bank holiday in that place.
Capital Works means the capital works to be completed as part of a Capital Works Project as specified in a Project Schedule.
Capital Works Project means either the construction, purchase or leasing of buildings or land for the development of supported accommodation facilities in accordance with this MOU.
Capital Works Project Documents means, for a Capital Works Project, all plans, drawings and other information relating to the Capital Works Project that are brought into existence by or on behalf of You under or in connection with this MOU or otherwise relating to the Capital Works Project, including those documents specified at Item E4 of the relevant Project Schedule.
Capital Works Project Goals means the goals of a Capital Works Project set out in sub-Item A2 of the relevant Project Schedule.
Capital Works Project Manager means a person responsible for supervising a Capital Works Project as referred to in clause 6.
Claim for Payment means the form of a claim set out in sub-Item F3 of a relevant Project Schedule and to be provided to Us pursuant to clause 14.1.
Code means the National Code of Practice for the Construction Industry as amended from time to time.
Code Guidelines means the Australian Government Implementation Guidelines for the Code, as they are amended from time to time.
Code Monitoring Group has the same meaning as given to that term in paragraph 1.4 of the Code Guidelines.
Commonwealth includes the officers, delegates, employees, other contractors and agents of the Commonwealth.
Confidential Information means Our Confidential Information and Your Confidential Information.
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Defects means, in relation to a Capital Works Project, any defect, shrinkage, fault or omission in the Capital Works including any aspect of the Capital Works which is not in accordance with the requirements of this MOU.
Defects Responsibility Period means, in relation to a Capital Works Project, the period which commences on the End Date for that Capital Works Project and which continues for the period described in Item C of the relevant Project Schedule as extended by clause 8.10.
Department means the Commonwealth Department of Families, Housing and Community Services or such other Commonwealth Department as may be responsible from time to time for the administration of this MOU.
Departmental Officer means, for a Capital Works Project, the person for the time being holding, occupying or performing the duties of an officer of the Department, as specified in sub-Item O1 of the relevant Project Schedule, or any other persons specified by the Commonwealth and notified in writing to You from time to time as being the Departmental Officer.
Designated Use means, for a Capital Works Project, the use specified in sub-Item A8 of the relevant Project Schedule.
Designated Use Period means, for a Capital Works Project, the period specified in sub-Item A8 of the relevant Project Schedule.
Dispose means to sell, lease or sub-lease, licence or sub-licence, or otherwise transfer or give up ownership or the right to occupy or use, or to enter into an agreement to do any of the preceding acts.
Electronic Communication has the same meaning as in the Electronic Transactions Act 1999 (Cth).
Encumbrances means any mortgage, charge, lien, caveat or easement over, in relation to, or affecting a Site.
End Date for a Capital Works Project is the date set out in Item N of the relevant Project Schedule.
Existing Material means all Material in existence prior to the execution of this MOU or developed independently of this MOU:
(a) incorporated in;
(b) supplied with, or as part of; or
(c) required to be supplied with, or as part of,
the Project Material.
Final Acquittal Report means the report set out in clause 13.4(a)(ii) of this MOU.
Funding means the money or any part of it We pay to You under this MOU for a Capital Works Project, as set out in Item F of the relevant Project Schedule, and includes any interest earned on that money.
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Material includes documents, equipment, software (including source code and object code versions), goods, information and data stored by any means including all copies and extracts of the same.
MOU means this document including its Schedules, and any documents incorporated by reference by the clauses or the Schedules.
Other Contractors means any contractor, consultant, artist, tradesperson or other person (if any) engaged to do work in connection with a Capital Works Project or the Program other than You or a Subcontractor.
Our Confidential Information has the meaning set out in clause 20.1.
Our Material has the meaning given in clause 18.1.
Party means You or Us and Parties has the plural meaning as the context indicates.
Practical Completion for a Capital Works Project means the date on which You certify to Us pursuant to clause 7.3 that the Capital Works are complete, free of errors and omissions and in conformity with the requirements of this MOU.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Commissioner means the Commonwealth Office of the Privacy Commissioner established under the Privacy Act and includes any other entity that may, from time to time, perform the functions of that office.
Program means for a Capital Works Project, the program of the Department set out in sub-Item A1 of the relevant Project Schedule under which You receive the Funding from Us to undertake that Capital Works Project.Program Aims means for a Capital Works Project, the aims of the Program as set out in sub-Item A2 of the relevant Project Schedule.
Project Material means all Material:
(a) brought into existence by You in performing a Capital Works Project under this MOU, including Capital Works Project Documents; and
(b) copied or derived from Material referred to in paragraph (a) above.
Project Schedule means a schedule to this MOU which relates to a Capital Works Project to be completed by You in accordance with this MOU, and which has been signed by both Us and You in accordance with clause 3.
Recipient Contribution means the amount or amounts (if any) of funds specified as being contributed by You towards a Capital Works Project as set out in Item G of a relevant Project Schedule.
Related Entity has the same meaning as is given to that term in the Code Guidelines.
relevant Project Schedule means the Project Schedule that relates to a particular Capital Works Project completed and signed in accordance with clause 3.
Reports means the reports referred to in clause 13.4(a) of this MOU.
Schedule means the schedules to this MOU, including Schedule 1, the Template Schedule and each Project Schedule.
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Site means the site or sites where a Capital Works Project is being or is to be carried out, and any item which is affixed to that site or sites, as set out in sub-Item A8 of the relevant Project Schedule.
Specified Personnel means the personnel, if any, (whether officers, employees, subcontractors or volunteers of You) required to undertake a Capital Works Project or any part of a Capital Works Project as set out in Item B of the relevant Project Schedule.
Stage means a stage (if any) of a Capital Works Project described in sub-Item A5 of the relevant Project Schedule.
Start Date for a Capital Works Project is the date specified as such for that Capital Works Project at Item N of the relevant Project Schedule.
Start of this MOU means the date on which this MOU is signed by the last Party to do so.
Statutory Requirements means, in relation to a Capital Works Project:
(a) any law applicable to that Capital Works Project or the carrying out of Your activities, including Acts, ordinances, regulations, by-laws and other subordinate legislation; and
(b) any licence, permit, consent, approval, determination, certificate or other requirement of any authority, body or other organisation having any jurisdiction in connection with the Capital Works Project or the carrying out of Your activities or under any other applicable law under paragraph (a), which will be obtained or satisfied to:
(i) carry out Your activities relating to the Capital Works Project; or
(ii) occupy and use the completed Capital Works or a completed Stage.
Subcontractor means for a Capital Works Project any contractor, supplier, or consultant who is contracted or otherwise engaged by You to undertake the relevant Capital Works (and any of that person's officers, employees, agents and subcontractors). "Subcontracts" has a corresponding meaning.
Supported Accommodation Facilities means services that provide accommodation to people with disabilities.
Template Schedule means the template schedule attached as Schedule 2 to this MOU and that forms the basis on which new Project Schedules relating to particular Capital Works Projects will be created.
Term, for a Capital Works Project, has the meaning set out in sub-Item A6.1 of the relevant Project Schedule.
Term of this MOU has the meaning set out in clause 30.
Variation means, in relation to a Capital Works Project, any change to the Capital Works including any addition, increase, decrease, omission, deletion, demolition or removal to or from the Capital Works.
You and Your where the context allows, includes Your officers, employees, agents, Subcontractors and Your successors, and a reference to one or more of these persons in
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addition to You in a provision of this MOU does not limit the application of this definition in that or any other context.
Your Confidential Information has the meaning set out in clause 20.1
2. Interpretation In this MOU:
(a) headings (including Part, clause and Schedule headings) are for convenience only and do not affect the interpretation of this MOU;
and unless the context indicates a contrary intention:
(b) a reference to a person includes a reference to a partnership or incorporated body as well as an individual;
(c) words importing a gender include any other gender;
(d) words in the singular include the plural and words in the plural include the singular;
(e) all reference to clauses are clauses of this MOU;
(f) includes in any of its forms is not a word of limitation;
(g) where any word or phrase has been given a defined meaning, any other part of speech or other grammatical form about that word or phrase has a corresponding meaning;
(h) a reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth and, if it has been or is amended, is a reference to that amended statute or other legislation;
(i) a reference to $ or dollars is a reference to Australian currency;
(j) if an example is given of any thing (including a right, obligation or concept), the example does not limit the scope of that thing;
(k) if there is any inconsistency between the clauses of this MOU and the Schedules, then the clauses of this MOU will prevail; and
(l) if there is any inconsistency between any document (not being a Schedule) referred to in this MOU and the clauses of this MOU, or a Schedule, then the clauses of this MOU, or the Schedule (as the case may be) will prevail.
3. How this MOU works (a) This MOU will govern the terms on which We will fund, and You will undertake,
Capital Works Projects for the Purposes of the Program.
(b) Where We agree to fund, and You agree to undertake a Capital Works Project, we both agree to document the required information and particulars for that Capital Works Project by completing the Template Schedule.
(c) Once completed and signed by the Parties, a Project Schedule will become part of this MOU. We will fund, and You will undertake a Capital Works Project in
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accordance with the terms of this MOU and the Project Schedule to which that Capital Works Project relates.
4. Key Principles In undertaking a Capital Works Project, You agree to be guided by the following principles:
(a) It is intended that the establishment of new supported accommodation facilities will contribute to the enhanced lifestyles of people with disabilities and their older carers.
(b) The new facilities will be designed to meet the needs of people with disability and established as a supported accommodation model.
(c) That the establishment of new supported accommodation facilities will result in an increase in the number of places available.
Part B Capital Works Project
5. Your responsibilities in carrying out the Capital Works Project
5.1 Your responsibilities
You will carry out each Capital Works Project:
(a) in accordance with this MOU;
(b) to help Us achieve the Program Aims;
(c) by undertaking the activities or work specified in sub-Item A5 of the relevant Project Schedule, at the times and in the way specified in Item A6 of that Project Schedule;
(d) using the Specified Personnel (if any); and
(e) diligently, effectively and to a high professional standard.
5.2 You are responsible for Your obligations
You are responsible for each Capital Works Project, and for ensuring that You meet Your obligations under this MOU even if:
(a) You subcontract some or all of those obligations to a third party in accordance with clause 29; or
(b) We are involved in the performance of this MOU, or of a Capital Works Project.
6. Capital Works Project Manager
6.1 You will appoint a Capital Works Project Manager
If specified in Item Q1 of a Project Schedule, You will appoint a Capital Works Project Manager to supervise the performance of the Capital Works Project on and from the Start Date until the date of Practical Completion for that Capital Works Project.
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6.2 Our requirements for Your Capital Works Project Manager
Where You are required to appoint a Capital Works Project Manager, You will ensure that the Capital Works Project Manager:
(a) holds one or more of the professional qualifications and accreditations specified in Item Q1 of the relevant Project Schedule;
(b) is independent from You and the performance of the Capital Works; and
(c) undertakes only a supervisory role and does not perform any aspect of the Capital Works.
6.3 We will approve the Capital Works Project Manager
If required by Item Q2 of a Project Schedule:
(a) You may only appoint a person as Capital Works Project Manager that We have approved prior to the appointment in writing;
(b) You may not replace a person approved by Us as Capital Works Project Manager without Our prior written approval; and
(c) If requested by Us, You will provide Us with full details of any proposed replacement Capital Works Project Manager including details of his or her qualifications and experience.
7. Capital Works
7.1 Construction Standards
In carrying out a Capital Works Project, You will ensure that:
(a) all aspects of the Capital Works are undertaken by qualified tradespeople that are registered with relevant Australian State or Territory accreditation bodies to the extent that such bodies exist to regulate the activities of members of that particular trade; and
(b) all activity relating to the Capital Works will be carried out in accordance with the requirements and standards of all Statutory Requirements applicable to the building, construction and fit out of the Site.
7.2 Capital Works Project Documents
(a) For each Capital Works Project, You will develop, prepare and maintain copies of all documents necessary to complete the Capital Works in accordance with this MOU, including, without limitation, all documents that would be prepared by a prudent and competent design professional, in order to ensure that the Capital Works are, on completion, fit for use for the Designated Use throughout the Designated Use Period.
(b) You will deliver the Capital Works Project Documents specified in Item E4 of the Project Schedule to which the Capital Works Project relates in accordance with the content requirements and timeframes specified in Item E4 of that Project Schedule.
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(c) You will make all changes to the Capital Works Project Documents referred to in clause 7.2(b) above as We may reasonably request in the timeframe we reasonably specify.
(d) You will conduct the Capital Works in accordance with all Capital Works Project Documents provided to us unless We otherwise agree or require by notice in writing to You.
(e) You will not make any substantial or material change to the Capital Works Project Documents provided under clause 7.2(b) without Our prior written consent.
7.3 Completion of Capital Works
You will promptly, on completion of a Capital Works Project, provide written certification to Us that the Capital Works are completely free of errors or omissions and in conformity with the requirements as set out in this MOU as they apply to that Capital Works Project.
7.4 Construction Requirements
If Item A6.2 of a Project Schedule states that any Stages of the relevant Capital Works will be completed by a particular date, You will complete that Stage of the Capital Works on or before the date specified in Item A6.2 of the Project Schedule for completion of that Stage.
7.5 Material variation of Capital Works
You agree not to vary, or enter into an agreement with any person (including, without limitation, a Subcontractor) to vary a material requirement or specification of the Capital Works without Our prior written approval.
7.6 You will co-operate with Other Contractors
In carrying out a Capital Works Project, You will:
(a) permit Other Contractors to carry out their work;
(b) fully co-operate with Other Contractors;
(c) carefully co-ordinate and interface the Capital Works Project with the work carried out, or to be carried out, by the Other Contractors; and
(d) carry out the Capital Works Project so as to avoid interfering with, disrupting or delaying the work of Other Contractors.
7.7 Survey
Prior to Practical Completion of a Capital Works Project or of any Stage, You will submit to the Departmental Officer a certificate signed by a licensed surveyor stating that:
(a) the whole of the relevant Capital Works Project or the Stage are within any particular boundaries stipulated in this MOU or otherwise agreed upon, except only for parts of the Capital Works or Stage specifically required to be outside those boundaries; and
(b) where so required by the description of the Capital Works, structural elements of the Capital Works or the Stage are within the tolerances specified.
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7.8 Safety
You will carry out each Capital Works Project safely and so as to protect persons and property.
7.9 Cleaning Up
In carrying out a Capital Works Project, You will:
(a) keep the Site and the Capital Works clean and tidy and free of refuse; and
(b) prior to Practical Completion of the Capital Works or a Stage, remove all rubbish, materials and those things used, or work undertaken, by You to construct the Capital Works or a Stage but which will not form part of the Capital Works or the Stage from the Site.
7.10 The Environment
You will:
(a) ensure that in carrying out a Capital Works Project:
(i) You comply with all Statutory Requirements and other requirements of the MOU for the protection of the environment;
(ii) You do not pollute, contaminate or otherwise damage the environment; and
(iii) Your Subcontractors comply with the requirements set out in this clause 7.10; and
(b) make good any pollution, contamination or damage to the environment arising out of, or in any way in connection with, a Capital Works Project, whether or not You have complied with all Statutory Requirements or other requirements of this MOU for the protection of the environment.
7.11 Valuable objects found on Site
(a) Any things of value or archaeological or special interest found on or in a Site will, as between the parties, be Our property.
(b) Where such an item as described in paragraph (a) is found, You will:
(i) promptly notify the Departmental Officer;
(ii) protect the item and not disturb it further; and
(iii) follow any instructions of the Departmental Officer in relation to that item.
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8. Quality of the Capital Works
8.1 Construction
You will, in carrying out Capital Works:
(a) use workmanship:
(i) of the standard required under this MOU;
(ii) of a standard consistent with the best industry standards for work of a nature similar to the Capital Works; and
(iii) which is fit for its purpose;
(b) use materials which are:
(i) new and consistent with the best industry standards for work of a nature similar to the Capital Works; and
(ii) of merchantable quality, which are fit for their purpose and consistent with the nature and character of the Capital Works.
(c) comply with the requirements of this MOU and, to the extent they are not inconsistent with the requirements of this MOU, the requirements of the Building Code of Australia and all relevant standards of Standards Australia.
8.2 Quality Assurance
You will allow the Departmental Officer access to Your quality systems, and the quality systems of Your Subcontractors, so as to enable monitoring and quality auditing.
8.3 Departmental Officer may Inspect
The Departmental Officer may at any time inspect Your activities, and You agree to provide such assistance as reasonably required by the Departmental Officer to conduct such an inspection.
8.4 Testing
You will carry out all tests required under this MOU or as directed by the Departmental Officer.
8.5 Costs of Testing
If:
(a) the Departmental Officer directs You to carry out a test which:
(i) is not otherwise required by this MOU; or
(ii) does not relate to a Defect in respect of which the Departmental Officer gave an instruction under clause 8.6; and
(b) the results of the test show the work is in accordance with this MOU,
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the reasonable costs incurred by You in carrying out the test will be determined by the Departmental Officer and reimbursed to You. In all other circumstances, You are responsible for bearing the costs of any tests conducted pursuant to this clause 8.
8.6 Defects
Subject to paragraphs (b) and (c), You will correct all Defects. If, prior to the expiration of the relevant Defects Responsibility Period for the Capital Works or a Stage, the Departmental Officer discovers or believes there is a Defect, the Departmental Officer may give You an instruction specifying the Defect and doing one or more of the following:
(a) requiring You to correct the Defect, or any part of it, and specifying the time within which this is to occur; or
(b) requiring You to carry out a Variation to overcome the Defect, or any part of it, and specifying the time within which this is to be carried out; or
(c) advising You that We will accept the work, or any part of it, despite the Defect.
8.7 Correction of Defect or Variation
If an instruction is given under clause 8.6(a) or 8.6(b), You will correct the Defect or carry out the Variation:
(a) within the time specified in the Departmental Officer's instruction; and
(b) if after Practical Completion of the relevant Capital Works or a relevant Stage of the Capital Works, at times and in a manner which cause as little inconvenience to the occupants of the Capital Works or the Stage as is reasonably possible.
8.8 Claim for Correction of Defect or Variation
Where an instruction is given under clause 8.6(a) or 8.6(b), You will only be entitled to make a Claim for Payment for correcting the Defect (or the relevant part) or making the Variation if the Defect (or the relevant part) is something for which You are not responsible.
8.9 Acceptance of Work
If:
(a) an instruction is given under clause 8.6(c) prior to the expiration of the relevant Defects Responsibility Period; and
(b) You are responsible for the Defect (or the relevant part),
the Funding may be reduced by the amount determined by Us which represents the cost of correcting the Defect (or the relevant part).
8.10 Extension of Defects Responsibility Period
If:
(a) the Departmental Officer gives You an instruction under clause 8.6(a) or 8.6(b) during the relevant Defects Responsibility Period; and
(b) You are responsible for the Defect (or the relevant part),
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the Defects Responsibility Period will be extended by the period taken by You to complete the work required to rectify the Defect.
9. National Code of Practice and Building and Construction Industry Improvement (BCII) Act
9.1 Application of this clause 9
This clause 9 applies if sub-Item P1 the relevant Project Schedule for a Capital Works Project states that it is applicable.
9.2 Compliance with the Code
You will comply, in the performance of the Capital Works, with the requirements of:
(a) the Code; and
(b) the Code Guidelines.
Copies of the Code and the Code Guidelines are available at http://www.workplace.gov.au.
9.3 Compliance with the BCII Act
(a) You acknowledge that the relevant Capital Works Project is subject to the application of the Australian Government Building and Construction OHS Accreditation Scheme ("Scheme"). You will comply, at all times during the Term, with the requirements of the Building and Construction Industry Improvement Act 2005 ("BCII Act"), including the Scheme and clause 9.3(b)
(b) You are responsible for ensuring that all Subcontracts for building work (as that term is defined under the BCII Act) that You propose to enter into in relation to the Capital Works Project that are valued at $3 million or more:
(i) are notified to the Office of the Federal Safety Commissioner at the earliest possible opportunity (that is, when approaching the market);
(ii) contain a requirement that the relevant Subcontractor:
A. is accredited under the Scheme;
B. maintains Scheme accreditation for the life of the contract; and
C. will comply with all conditions of the Scheme accreditation.
9.4 Your responsibilities
You acknowledge that compliance with the Code, the Code Guidelines or the BCII Act does not relieve You from responsibility to perform Your obligations under this MOU, or from liability for any defect in the Capital Works arising from compliance with the Code, the Code Guidelines or the BCII Act.
9.5 Changes to this MOU
Where a change in this MOU is proposed and that change would affect Your compliance with the Code, the Code Guidelines or the BCII Act, You will submit a report to Us specifying the
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extent to which Your compliance with the Code, the Code Guidelines or the BCII Act will be affected.
9.6 Records
(a) You will maintain adequate records of the compliance with the Code, the Code Guidelines and the BCII Act by Yourself, Your Subcontractors and Your Related Entities.
(b) You will ensure that Your Related Entities maintain adequate records of their compliance with the Code and the Code Guidelines
(c) You will permit Us or any person authorised by Us, including any person occupying a position in the Office of the Australian Building and Construction Commissioner, to have full access to the Site and other places covered by the Code and Code Guidelines to:
(i) inspect any work, material, machinery, appliance, article or facility;
(ii) inspect and copy any record relevant to the Capital Works Project or otherwise relevant to this MOU;
(iii) interview any person; or
(iv) request the production of documents within a specified period, being not less than 14 days in person, fax or post,
as is necessary to allow validation of Your and Your Subcontractors' or Related Entities' progress in complying with the Code and the Code Guidelines.
(d) You will, and will ensure that Your Subcontractors and Your Related Entities, comply with any request from Us or any person authorised by Us, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, for You to produce a specified document within a specified period, in person, by fax or by post.
(e) For the avoidance of doubt, this clause also applies in relation to Your construction sites which are privately funded or funded by any means other than by funding under this MOU.
9.7 Subcontractors records
In all Subcontracts You will require the Subcontractors to maintain and provide access for Us or any person authorised by Us to the Subcontractor's records and premises to the same extent as required from You by clause 9.6.
9.8 Effect of non-compliance
If You do not comply with the requirements of the Code, the Code Guidelines or the BCII Act in the performance of Your obligations under this MOU such that sanction is applied by the Code Monitoring Group, We, without prejudice to any rights that would otherwise accrue, are entitled to record that non-compliance and take it into account in the evaluation of any future tenders that may be lodged by You or a Related Entity in respect of work for any part of the Commonwealth or its agencies.
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9.9 Compliance with sanctions
You will not appoint a contractor, Subcontractor, consultant or supplier in relation to the Capital Works where the appointment would breach a sanction imposed by the Code Monitoring Group.
9.10 Subcontractors' responsibilities
You acknowledge that You are responsible for ensuring that all Subcontracts impose legally enforceable obligations on the Subcontractors equivalent to the obligations under this clause.
10. You will keep Us informed You will in addition to Your Reporting responsibilities as set out in this MOU, including in a Project Schedule:
(a) communicate with and provide information to the Departmental Officer as reasonably required by the Departmental Officer;
(b) comply, in a timely fashion, with all reasonable requests or directions of the Departmental Officer; and
(c) promptly advise the Departmental Officer in writing about any relevant matters that might affect Your ability to meet Your responsibilities under this MOU.
11. You will acknowledge Our support (a) You will acknowledge in a positive manner Our financial and other support in all
publications, promotional Material, and activities relating to this MOU.
(b) You will acknowledge Our financial and other support for a Capital Works Project in the form which is set out at Item D of the Project Schedule to which the Capital Works Project relates, or, if no form is set out at Item D, in a form which We have first approved in writing.
12. You will comply with all relevant laws and policies (a) You will, in carrying out Your obligations under this MOU, comply with all
Statutory Requirements and any other requirements of any Commonwealth, State, Territory, or local authority; and comply with any of Our policies that we notify You of in writing.
13. You will keep records, provide Reports and allow Us access
13.1 You will keep certain records
For each Capital Works Project:
(a) You will keep and maintain, and ensure Your Subcontractors keep and maintain, accurate and detailed records and accounts (including receipts and invoices) as necessary to provide a complete record of:
(i) the expenditure of Funding for the Capital Works Project and whether that Funding was spent in accordance with this MOU;
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(ii) other expenditure on the Capital Works Project; and
(iii) implementation and progress of the Capital Works Project.
(b) You will keep the records referred to in paragraph (a) in accordance with the accounting principles generally applied in commercial practice and as required by law.
(c) You will retain and require Your Subcontractors to retain for a period of seven years after the End Date for the Capital Works Project, all books and records relating to the Capital Works Project.
(d) You will bear Your own costs of complying with this clause.
13.2 You will produce records to Us upon Our request
If the Departmental Officer asks You to, You will provide originals or copies of receipts and invoices (including Claims for Payment) relating to this MOU to Us within 10 Business Days of the date of the request.
13.3 Auditor-General and Information Commissioner
You acknowledge that You are subject to any legally enforceable direction of:
(a) the Auditor-General of your State or Territory Government or a delegate of that Auditor-General for the purpose of performing the Auditor-General's statutory functions or powers; and
(b) the Information Commissioner of your State or Territoryor a delegate of that Information Commissioner for the purpose of performing the Information Commissioner's statutory functions or powers.
13.4 You will provide Us with Reports
(a) For each Capital Works Project, You will prepare and give to the Departmental Officer these Reports:
(i) the reports set out in sub-Item E1 of the Project Schedule relevant to the Capital Works Project; and
(ii) a final audited report ("Final Acquittal Report") verifying:
A. that You have spent the Funding provided on the Capital Works Project and in a manner consistent with this MOU;
B. income and expenditure in respect of the Funding provided under this MOU with expenditure to be reported against the approved Budget (where applicable) or, where there is no approved Budget, against major account code items; and
C. any other matters required by Us for accountability purposes, including the matters set out in sub-Item E2 of the relevant Project Schedule.
(b) The Final Acquittal Report for a Capital Works Project will:
(i) cover the full period of the Capital Works Project; and
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(ii) be prepared in accordance with Australian Accounting Standards.
(c) You will provide the Reports at the times set out in sub-Item E3 of the Project Schedule relevant to the Capital Works Project.
(d) All Reports will be in English and in a form acceptable to Us. If, in the Departmental Officer's opinion, either the form or the content of a Report is not adequate for Our purposes the Departmental Officer may require You to submit a revised Report. You will submit the revised Report within 30 days, or such other time as is specified by the Departmental Officer (such other time may be less than 30 days).
13.5 You will ensure that the Final Acquittal Report is audited
(a) You will ensure that the Final Acquittal Report for each Capital Works Project is independently audited by the Approved Auditor. You are responsible for paying for the cost of this audit, if any.
(b) Each Final Acquittal Report submitted to Us will be accompanied by a report from the Approved Auditor that includes an opinion on:
(i) whether the Final Acquittal Report presents the financial transactions fairly consistent with this MOU, applicable Australian Accounting Standards and other mandatory professional reporting requirements and is based on proper accounts and records; and
(ii) where there is an audit qualification or limitation of scope, an outline of the reasons for the qualification or limitation of scope, and any related recommendations.
(b) Where requested by Us, You will pass on to the Approved Auditor any request from Us detailing additional audit requirements.
13.6 If requested, You will ensure that other Reports are audited
If We request, You will ensure that any other Reports that relate to the expenditure and acquittal of Funding are independently audited by the Approved Auditor. You will be responsible for paying for the cost of any such audit, if any.
13.7 You will keep copies of all Reports, records and account books
You will keep a copy of all Reports, records and account books relating to a Capital Works Project in their original form for at least 5 years after the End Date of that Capital Works Project.
Part C About the Funding
14. Payment of the Funding
14.1 Payment of Funding to You
We will pay You the Funding for a Capital Works Project at the times and in the manner set out in Item F of the Project Schedule for that Capital Works Project, provided that:
(a) there are sufficient funds available under the relevant Program for the Capital Works Project;
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(b) You comply with this MOU in so far as it applies to that Capital Works Project; and
(c) You submit to Us a correctly rendered Claim for Payment at the times and in the manner set out in Item F3 of the relevant Project Schedule.
14.2 Your Australian Business Number
(a) You will provide Us with Your Australian Business Number (ABN) and notify Us if You cease to be registered with an ABN.
(b) You will correctly quote Your ABN on all documentation that You provide to Us.
14.3 Your bank account
(a) We will provide the Funding for a Capital Works Project to You by cheque or by electronic transfer to Your bank account, details of which are set out in sub-Item F4 of the Project Schedule to which the Capital Works Project relates or otherwise to such other bank account that is agreed to in writing by You and the Departmental Officer.
(b) If Your bank account details change, You will notify the Departmental Officer in writing. You will do this at least 5 Business Days before the next payment is due, and in any event within 15 Business Days of the change occurring.
14.4 Where We will not make payments
We will not pay You Funding for a Capital Works Project if You act in a manner inconsistent with or breach this MOU. This includes if You:
(a) do not undertake or perform the relevant Capital Works Project as required by this MOU;
(b) undertake or perform the relevant Capital Works Project other than as allowed for by this MOU;
(c) do not provide Reports or other information for that Capital Works Project as required by this MOU or the applicable Project Schedule; or
(d) expend the Funding other than in accordance with the relevant Project Schedule or this MOU.
14.5 Where We may defer, suspend, reduce or withhold payments
We may defer, suspend, reduce or withhold all or part of Funding payment for a Capital Works Project:
(a) until You have performed to Our satisfaction the responsibilities to which the Funding payment relates; or
(b) where We form the reasonable opinion that the full payment is not properly required by You because of Funding surpluses or underspends.
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15. Recipient Contribution (a) You will provide the Recipient Contribution (if any) for a Capital Works Project in
accordance with Item G of the Project Schedule relating to that Capital Works Project.
(b) If You do not provide Your Recipient Contribution as stated, then We may:
(i) suspend, reduce (by an amount determined at Our sole discretion) or withhold the Funding for the Capital Works Project; or
(ii) end the Capital Works Project under clause 24.1.
16. Spending and Refunding the Funding
16.1 Spending the Funding
You will spend the Funding only on the Capital Works Project for which the Funding is provided, and only in accordance with this MOU.
16.2 You will pay Us Funding You do not spend in accordance with this MOU
If, at the End Date for a Capital Works Project, there is an amount of the Funding provided for that Capital Works Project that You have not spent, or have spent other than in accordance with this MOU, (Recoverable Amount) then:
(a) subject to paragraph (b), You will pay the Recoverable Amount to Us in full within 20 Business Days of the End Date or date of earlier end (whichever is the earlier); or
(b) if We state in writing that You do not have to pay all or some of the Recoverable Amount to Us, then You may not pay Us that amount that We state; but
(c) We may recover all or some of the amount referred to in paragraph (b) from You by offsetting the amount against any amount subsequently due to You under this MOU, or any other arrangement or agreement between You and Us or between You and the Commonwealth generally; or
(d) We may direct You in writing to deal with all or some of the amount referred to in paragraph (b), and You will deal with such amount as We direct.
16.3 You will spend the Funding in accordance with the Budget
If there is a Budget for a Capital Works Project, You will spend the Funding in accordance with the Budget.
17. Using the Funding to acquire Assets
17.1 When does this clause 17 apply to You?
This clause 17 applies to a Capital Works Project if specified to apply by sub-Item I1 of the Project Schedule to which the Capital Works Project relates.
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17.2 You own the Assets unless the Schedule states otherwise
If this clause 17 applies, then, unless sub-Item I3 of the relevant Project Schedule provides otherwise, You will own or lease any Assets.
17.3 Your obligations in regard to Assets
If this clause 17 applies, You will:
(a) use any Asset consistently with this MOU;
(b) not encumber or dispose of any Asset, or deal with or use any Asset other than consistently with this MOU, without first getting Our approval in writing;
(c) hold all Assets securely and safeguard them against theft, loss, damage or unauthorised use;
(d) keep all Assets in good working order;
(e) maintain all appropriate insurances for all Assets;
(f) if required, maintain registration and licensing of all Assets;
(g) be fully responsible for, and bear all risks relating to, the purchase, use or disposal of all Assets; and
(h) if it is stated sub-Item I4 of the relevant Project Schedule, maintain an Assets register.
17.4 What is the meaning of Depreciation Rate?
In this Clause 17, "Depreciation Rate" means the depreciation rate calculated in accordance with Australian Accounting Standards from time to time for:
(a) Assets of a particular type; or
(b) for a particular Asset.
17.5 What happens if You sell an Asset?
If this clause 17 applies, and You own or lease the relevant Asset, then:
(a) if You sell or dispose of that Asset in any way during the Term of this MOU, You will promptly notify Us of this in writing;
(b) if, at the time of sale or disposal, the Asset has not been fully depreciated using the Depreciation Rate, We may request You to pay Us an amount equal to the proportion of the value of the Asset following depreciation using the Depreciation Rate, that is equivalent to the proportion of the purchase price of the Asset that was funded from the Funding; and
(c) You will comply with any such request within 20 days of the request being made.
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17.6 What happens to the Asset at the end of the MOU?
If this clause 17 applies, then, at the expiration of this MOU or upon earlier end of this MOU, if an Asset has not been fully depreciated using the Depreciation Rate, We may request You to:
(a) pay Us an amount equal to the proportion of the value of the Asset following depreciation using the Depreciation Rate, that is equivalent to the proportion of the purchase price of the Asset that was funded from the Funding; or
(b) deal with the Assets in any way which We notify You in writing.
You will comply with any such request within 20 Business Days of the request being made.
Part D Material and Information
18. Our Material
18.1 What is Our Material?
Our Material means any Material We provide to You for the purposes of this MOU or which is copied or derived from that Material. Our Material does not however include Project Material (the definition of Project Material is in clause 1).
18.2 Who owns Our Material?
We own and will continue to own Our Material.
18.3 You will return Our Material
At the expiration of this MOU or at the earlier end of this MOU, You will return to Us all Our Material remaining in Your possession, or under Your control, unless We before this time otherwise agree in writing.
18.4 How You may use Our Material
(a) You will ensure that You only Use Our Material for the purposes of this MOU. Subject to paragraph (b), We permit You to Use Our Material for, and only for, these purposes.
(b) You will Use Our Material in accordance with any conditions or restrictions which We may notify You from time to time in writing.
(c) For the purposes of paragraphs (a) and (b) Use means copying, supplying and reproducing Our Material where this is necessary for the purposes of this MOU.
18.5 You will keep Our Material safe
You will be responsible for the safe keeping and maintenance of Our Material and bear all risks relating to such Material.
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19. Intellectual Property Rights
19.1 What is the meaning of particular terms used in this clause 19?
Intellectual Property Rights or IPR means all copyright (including Moral Rights), neighbouring rights, rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered designs, and other rights resulting from the intellectual activity in the industrial, scientific, literary or artistic fields.
IPR Licensee means the Party that is not the IPR Owner.
IPR Owner means:
(a) subject to paragraph (b), You; or
(b) if indicated at Item J of a Project Schedule, Us.
Licence means a permanent, irrevocable, free, world-wide non-exclusive licence and includes a right of sublicense.
Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship granted to authors under the Copyright Act 1968.
Specified Acts means those acts or omissions by or on behalf of Us which would, but for this clause 19, infringe the author's right of attribution of authorship or the author's right of integrity of authorship, but excludes acts or omissions which would infringe the author's right not to have authorship falsely attributed.
Use includes reproducing, publishing, adapting and exploiting.
19.2 Who owns Intellectual Property Rights under this MOU?
(a) Subject to paragraph (b), the IPR Owner owns the IPR in all Project Material.
(b) This clause 19 does not affect the ownership of IPR in any Existing Material that is included in Project Material.
19.3 Use of Intellectual Property Rights
(a) If You are the IPR Owner then You permit Us to Use the IPR in Project Material and in Existing Material owned or controlled by You or a Subcontractor for any Commonwealth purpose.
(b) If We are the IPR Owner then:
(i) You permit Us to Use Existing Material owned or controlled by You or a Subcontractor for any Commonwealth purpose;
(ii) We permit You to Use the IPR in Project Material and in Existing Material owned or controlled by Us for the purposes of performing this MOU and any other purposes approved in writing by Us under clause 19.3(c), but not for any other purpose.
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(c) We may, upon a written request by You, grant written approval for You to sublicense all or any specified part of Project Material of which We are the IPR Owner and/or Existing Material which We own or control:
(i) to a specified person;
(ii) for a specified use or purpose; and
(iii) subject to any other specified terms and conditions or limitations.
(d) We are under no obligation to approve any request made by You under clause 19.3(c), and We may at Our discretion impose any limitations or requirements on Our approval.
19.4 You will arrange for third parties to licence Intellectual Property Rights to Us
(a) Whether or not You or We are the IPR Owner, if a third party has IPR in Existing Material (not owned or controlled by You or a Subcontractor)You will notify Us of this before providing Project Material to Us (including providing all details We require of such a third party and the nature of their IPR) and use Your best efforts to arrange for that third party to grant to Us a legally enforceable licence on terms consistent with clause 19.3(a) and acceptable to Us.
(b) You will ensure that Our Use of Existing Material in a manner consistent with this MOU does not breach any IPR of a third party.
19.5 Legally enforceable agreement regarding IPR
The Parties acknowledge that, if requested by a Party, the other Party will enter into a legally enforceable agreement in relation to any IPR related to this MOU on terms mutually agreed by the Parties.
19.6 You agree to give effect to this clause 19
If We ask You to, You agree, in a timely manner, to do such things as are necessary (including creating or signing documents) to give effect to this clause 19.
19.7 You will protect Our Intellectual Property Rights
If We are the IPR Owner, You will take all reasonable steps to protect the IPR in Project Material.
19.8 You will ensure that the author of Project Material has given consent to Specified Acts
You will ensure that:
(a) the author of any Project Material, other than Existing Material, has given, or will on or before the creation of the Project Material give, a written consent to the Specified Acts (whether occurring before or after the consent is given) which extends directly or indirectly for Our benefit; and
(b) the author of any Existing Material has given, or will give, before the creation of the Project Material, a written consent to the Specified Acts (whether occurring before
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or after the consent is given) which extends directly or indirectly for Our benefit in relation to such material Used in conjunction with Project Material.
19.9 You will ensure that You are entitled to deal with IPR in Material
You will ensure that You are now entitled, or that You will be entitled at the relevant time, to deal with the IPR in the Project Material and any Existing Material in the way that this clause 19 provides.
20. Confidential Information
20.1 What is Confidential Information?
Subject to clause 20.2:
(a) Our Confidential Information means, in relation to a Capital Works Project, information that:
(i) is described in sub-Item K1 of the Project Schedule;
(ii) We identify, by notice in writing to You after the Start of this MOU, as confidential information for the purposes of this MOU; or
(iii) You know or ought to know is confidential
(b) Your Confidential Information means, in relation to a Capital Works Project, any information described in sub-Item K2 of the Project Schedule.
20.2 What is not Confidential Information?
Our Confidential Information and Your Confidential Information does not include information which:
(a) is or becomes public knowledge other than:
(i) in a manner inconsistent with this MOU; or
(ii) any other unlawful means;
(b) was already in the possession of the Party who receives the information (the Receiving Party) without restriction in relation to disclosure before the other Party gave it to the Receiving Party; or
(c) had already been independently developed or acquired by the Receiving Party before the other Party gave it to the Receiving Party.
20.3 When can the parties disclose Confidential Information?
(a) Subject to paragraph (b) a Party may disclose the other Party's Confidential Information only with the other Party's prior written consent. The Party consenting to the disclosure of its Confidential Information may impose any conditions or restrictions as it considers appropriate.
(b) A Party may disclose the other Party's Confidential Information to:
(i) any department, agency, authority, or Minister; and
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(ii) any third person, including any court, tribunal, or governmental committee, where such disclosure would be permitted or required by law, or otherwise would be consistent with Commonwealth government policy.
20.4 We may require You to give confidentiality deeds
(a) We may, at any time, require You to give, and/or to arrange for any or all of Your Subcontractors, employees, and volunteers engaged in the performance of a Capital Works Project to give, a written deed-poll relating to the non-disclosure of Confidential Information (Confidentiality Deed).
(b) We will provide you with the form of the Confidentiality Deed.
(c) You will arrange for all such Confidentiality Deeds to be given promptly and in the form We provide.
21. Personal Information
21.1 When does this clause 21 apply?
This clause 21 applies only if You deal with Personal Information when You conduct a Capital Works Project under this MOU.
21.2 What is Personal Information?
Personal Information has and will continue to have the same meaning as under the Privacy Act which at the Start Date is:
"information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a Material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion".
21.3 Other definitions relating to Personal Information
In this clause 21, the terms agency and Information Privacy Principles (or IPPs) have the same meaning as they have in section 6 of the Privacy Act, and "subcontract" and other grammatical forms of that word has the meaning given in section 95B(4) of the Privacy Act.
21.4 Your obligations about Personal Information
You agree:
(a) if You obtain Personal Information while You are conducting a Capital Works Project, to use or disclose that Personal Information only for the purposes of this MOU unless required by law to do otherwise or if We otherwise allow by written notice to You;
(b) to comply with the IPPs as if You were an agency under the Privacy Act;
(c) to otherwise comply with the Privacy Act; and
(d) to ensure that any of Your employees or agents who are required to deal with Personal Information for the purposes of this MOU are made aware of Your obligations set out in this clause 21.
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21.5 What about Your Subcontractors?
If You subcontract Your obligations under this MOU, You will ensure that the subcontract places the same obligations about Personal Information on the Subcontractor as the Privacy Act places on You.
Part E Dealing with Risk
22. Insurance
22.1 Confirmation of Self-Insurance by You
You agree that You will self-insure in respect of the risks and liabilities that may arise in respect of the performance of Your obligations under this MOU.
22.2 Subcontractor Insurance Requirements
(a) You are responsible for ensuring that, for each Capital Works Project, all Subcontractors effect and maintain commercially appropriate insurance policies (at commercially appropriate levels) for the purposes of performing Capital Works for the duration of the Term of the Capital Works Project and for any longer period as appropriate.
(b) If We ask You, You will promptly give Us a copy of any insurance policy and/or certificate of currency related to Your obligation under paragraph 22.2(a), and must ensure You secure the right with each Subcontractor to provide Us with copies of such policies and/or certificates of currency.
23. The Site
23.1 Encumbrances
(a) You will ensure that the Site on which a Capital Works Project is undertaken is only subject to those Encumbrances notified in writing to Us before the Start Date, and no such Encumbrances prevent the performance of that Capital Works Project.
(b) You may not, without Our prior written agreement, Encumber the Site or Your right of occupation of the Site without Our prior written approval in any way at any time during the Term.
23.2 You will ensure certain things about the Site
For each Capital Works Project, You will ensure that:
(a) the Site is, and will at all times be, fit for the purposes of carrying out the Capital Works Project and, on and from commencement of the Designated Use Period, fit for use for the Designated Use;
(b) the access and use of the Site for the undertaking of the Capital Works Project in accordance with this MOU, including for the Designated Use, does not, and will not, infringe any condition of ownership or occupation of the Site;
(c) that You have all necessary access and occupation rights to use and occupy the Site as are necessary to enable You to complete the Capital Works;
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(d) the use of the Site for the Capital Works Project and for the Designated Use has not and will not infringe any Statutory Requirements; and
(e) the Site (after completion of the Capital Works) will comply with all Australian Standards and any other standards or requirements which relate to the ongoing use of the Site for the purposes of this MOU.
23.3 What You will do during the Term
(a) For each Capital Works Project, at all times during the Term You will:
(i) safeguard the Site against loss, damage or unauthorised use;
(ii) maintain the Site in good condition; and
(iii) without limiting Your responsibilities under clause 23, in consultation with the Departmental Officer, determine and implement the appropriate method of insurance in relation to the Site.
(b) At all times during the Designated Use Period for a Capital Works Project, You will use the Site and the Capital Works only for the Designated Use.
23.4 Your Capital Works Project Manager will be on Site where reasonably necessary
You will ensure that the Capital Works Project Manager is present on Site at all times reasonably necessary to ensure that You are discharging Your responsibilities consistently with this MOU.
Part F Termination
24. Ending a Capital Works Project
24.1 We may end a Capital Works Project if You default
We may end a Capital Works Project by giving You notice in writing if:
(a) We are satisfied that any statement You made is incorrect, incomplete, false or misleading in a way which may have affected Our original decision to provide You with the Funding for the Capital Works Project;
(b) You breach this MOU, or the Project Schedule to which the Capital Works Project relates, and such breach cannot be remedied;
(c) You fail to remedy to Our satisfaction a breach of this MOU or the relevant Project Schedule which is capable of remedy, within 10 Business Days' (or such further period of time specified by Us in writing) of Our notifying You in writing that You should do so; or
(d) another provision of this MOU gives Us the right to end the Capital Works Project.
24.2 Consequences of ending a Capital Works Project under clause 24.1
If We end a Capital Works Project under clause 24.1 then We will:
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(a) be entitled to take over and use, or require You to remove from the Site, those things used, or work undertaken, by You to construct the Capital Works or a Stage but which will not form part of the Capital Works or the Stage and all materials, equipment and other things intended for the Capital Works;
(b) be entitled to require You to novate to Us or Our nominee, any or all subcontracts between You and Your Subcontractors as required by Us;
(c) not be obliged to make any further payments to You; and
25. We may end or reduce the scope of a Capital Works Project and compensate You
25.1 We may end, or reduce the scope of, a Capital Works Project
(a) We may end, or reduce the scope of, a Capital Works Project at any time by giving You notice in writing.
(b) If We end, or reduce the scope of, a Capital Works Project under paragraph (a), We will only be responsible to You for:
(i) payments that were due to You, before the date We end or reduce the scope of the Capital Works Project; and
(ii) subject to clauses 25.3 and 25.4, any reasonable costs that You incur which are a direct result of the ending or reduction of the Capital Works Project.
25.2 What You will do if We end, or reduce the scope of, a Capital Works Project
If we end, or reduce the scope of, a Capital Works Project under this clause 25.1(a) You will:
(a) promptly stop performing Your obligations under this MOU and the Project Schedule to which the Capital Works Project relates (or if the Project Schedule is reduced in scope those obligations removed in the reduction of scope);
(b) promptly do everything that You can to lessen all losses, costs and expenses, that You or others may suffer arising from the ending or reduction of the Capital Works Project; and
(c) meet Your obligations under clause 16.2.
25.3 Our payment to You for costs
We will only pay You the reasonable costs referred to in clause 25.1(b)(ii) if:
(a) You comply with this clause 25 ; and
(b) We require, give Us written evidence that is satisfactory to Us of any amount You claim under clause 25.1(b)(ii).
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25.4 What we will not pay You
If We end a Capital Works Project under this clause 25.1, We will not, and are not responsible to, pay You compensation for any loss of benefits that You would have received had the Capital Works Project not been ended.
26. Ending this MOU
26.1 A Party may end this MOU
(a) A Party may end this MOU by providing 28 days written notice to the other Party.
(b) Termination of this MOU takes effect on and from the time specified in the notice.
(c) Ending this MOU will not however in and of itself automatically end a Capital Works Project in existence as at the date of termination.
Part G Other Matters
27. Resolving any disputes between Us and You
27.1 How will disputes be resolved?
The Parties agree that if any dispute or difference (dispute) arises during the course of this MOU, it will, subject to clause 27.3, be dealt with in this way:
(a) the Party claiming that there is a dispute will send to the other Party a notice setting out the nature of the dispute;
(b) the Parties will try to resolve the dispute by direct negotiation by persons to whom the Parties have given authority to resolve the dispute;
(c) the Parties have 10 Business Days from the sending of the notice to resolve the dispute or to agree that the dispute will be submitted to mediation or some other form of alternative dispute resolution procedure;
(d) if:
(i) the dispute is not resolved; or
(ii) there is a submission to mediation or some other form of alternative dispute resolution procedure but the dispute is not resolved within 15 Business Days of that submission, or an extended time that the Parties agreed in writing before the expiration of the 15 Business Days,
then either Party may report the dispute to a Minister to whom either Party is responsible, so that the dispute may be resolved at a Ministerial level.
27.2 The Parties will continue to perform their obligations during a dispute
Even though there may be a dispute, each Party will continue to perform its obligations under this MOU.
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27.3 When this clause 27 does not apply
This clause 27 will not apply if We take action or try to take action under clauses 14 or 25.1.
28. Your legal relationship with Us This MOU does not mean that You are Our:
(a) partner;
(b) agent; or
(c) employee,
and You will not represent to anyone that You are.
29. Subcontractors
29.1 Your responsibilities regarding Subcontractors
(a) You are responsible for making sure that any Subcontractors are suitable and that any part of a Capital Works Project performed by the Subcontractor will meet the requirements of this MOU.
(b) However, as a minimum, You will ensure that any Subcontract contains legally enforceable clauses which are equivalent to clauses 13 and 18 to 25 (inclusive), of this MOU and, in relation to a particular Capital Works Project, any other terms specified in Item M of the relevant Project Schedule.
(c)
Part H Some general matters about this MOU
30. Term of this MOU This MOU commences from the Start of this MOU and will continue in force until 30 June 2012 unless ended earlier in accordance with this MOU (Term of this MOU). This MOU shall continue in force and effect until the earlier of the following dates or events:
(a) 30 June 2007;
(b) earlier termination of the CSTDA.
The Parties may agree in writing to extend the term of the MOU.
Expiration of this MOU will not in and of itself automatically terminate a Capital Works Project that has commenced at the date of expiration.
31. This is the entire MOU (a) This MOU is the entire agreement between the Parties about the subject matter of
this MOU.
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(b) This MOU supersedes all prior communications, negotiations, arrangements, and MOUs, whether oral or written, between the Parties about the subject matter of this MOU.
32. Intention of this MOU We and You acknowledge that this MOU is a statement of intent made in good faith and is not intended to be legally binding, however, the Parties intend to adhere to the terms of this MOU and each Project Schedule relating to a particular Capital Works Project as if it were legally binding.
33. Notices under this MOU
33.1 Address for Notice
(a) Unless otherwise specified in Item O of the Project Schedule for a Capital Works Project, If You give Us any notice or other communication under or about this MOU it will be:
(i) in writing;
(ii) signed by Your Capital Works Project Manager; and
(iii) addressed and forwarded to the Departmental Officer at the address set out in Item A of Schedule 1, or as We may otherwise notify You in writing.
(b) Unless otherwise specified in Item O of the Project Schedule for a Capital Works Project, If We give You any notice or other communication under or about this MOU it will be:
(i) in writing;
(ii) signed by the Departmental Officer; and
(iii) addressed and forwarded to Your Capital Works Project Manager at the address set out Item B of Schedule 1, or as You may otherwise notify Us in writing.
33.2 How will notices be delivered?
Any notice or other communication under or about this MOU will be delivered by hand or sent by prepaid security post or Electronic Communication to the address of the Party to which it is sent.
33.3 When are notices deemed to be received?
Any notice or other communication will be deemed to be received:
(a) if delivered by hand, on the date of delivery;
(b) if sent by prepaid security post within Australia, upon the expiry of 2 Business Days after the date on which it was sent; and
(c) if sent by Electronic Communication, at the time that would be the time of the receipt under the Electronic Transactions Act 1999 (Cth) if a notice was being
33
given under the law of the Commonwealth (which is currently when the Electronic Communication enters the addressee's Information System).
34. Which clauses continue after this MOU ends? The Parties agree that the terms of this MOU relating to Your and Our obligations to keep records and Reports, using the Funding to acquire Assets, Our Material, Intellectual Property Rights, Confidential Information, Personal Information, compliance with the Code, Code Guidelines and the Building and Construction Industry Improvement Act 2005 (Cth), and the Sites will to the extent they remain relevant continue to have effect on the ending of this MOU.
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Executed as a Memorandum of Understanding.
Signed for and on behalf of Commonwealth of Australia by The Hon Jenny Macklin MP, Minister for Families, Housing, Community Services and Indigenous Affairs, represented by and acting through the Department of Families, Housing, Community Services and Indigenous Affairs ABN 36 342 015 855, in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
Signed for and on behalf of the STATE OF NEW SOUTH WALES, by the Hon Kristina Keneally MP, Minister for Disability Services, represented by and acting through the Department of Ageing Disability and Home Care ABN 34 538 109 783 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
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Signed for and on behalf of the THE STATE OF VICTORIA, by the Hon Lisa Neville MP, Minister for Community Services, represented by and acting through the Department of Human Services ABN 97 643 356 590 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
Signed for and on behalf of the STATE OF QUEENSLAND by the Hon Lindy Nelson-Carr MP, Minister for Disability Services, represented by and acting through Disability Services Queensland ABN 25 791 185 155 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
Signed for and on behalf of the STATE OF WESTERN AUSTRALIA, by the Hon Shelia McHale MLA, Minister for Disability, represented by and acting through the Disability Services Commission ABN 36 922 715 369 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
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Signed for and on behalf of the STATE OF SOUTH AUSTRALIA, by the Hon Jay Weatherill MP, Minister for Disability, represented by and acting through the Department of Families and Communities ABN 11 525 031 744 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
Signed for and on behalf of the STATE OF TASMANIA, by the Hon Lara Giddings MHA, Minister for Health and Human Services, represented by and acting through the Department of Health and Human Services ABN 11 255 872 006 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Kristina Keneally MP)
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Signed for and on behalf of the AUSTRALIAN CAPITAL TERRITORY, by Ms Katy Gallagher, Minister for Disability and Community Services, represented by and acting through the Department of Disability Housing and Community Services ABN 26 471 407 289 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
Signed for and on behalf of the NORTHERN TERRITORY, by the Hon Marion Scrymgour MLA, Minister for Family and Community Services, represented by and acting through the Department of Health and Community Services ABN 84 085 734 992 in the presence of:
(Signature of Witness)
(Signature of Minister)
(Name of Witness in full)
(Name of Minister in full)
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SCHEDULE 1
Item A Our Address (Clause 33 of Part H) Departmental Officer: Helen Bedford Postal Address: Department of Families, Housing, Community Services and
Indigenous Affairs Box 7576 Canberra Business Centre Canberra ACT 2610 Street Address: Corner of Athllon Drive and Soward Way, Greenway ACT 2600 Email Address: [email protected]
Telephone: 02 6244 7700
Facsimile: 02 6244 7976
Item B Your Address (Clause 33 of Part H)
NEW SOUTH WALES
Departmental Officer: Alison Crisp
Postal Address: Strategic Policy & Intergovernmental Relations Unit Department of Ageing Disability and Home Care Level 5, 83 Clarence Street, Sydney NSW 2001 Street Address: Level 5, 83 Clarence Street, Sydney NSW 2000 Email Address: [email protected]
Telephone: (02) 8270 2417
Facsimile: (07) 8270 2430
VICTORIA
Name: Bruce Prosser
Postal Address: Disability Services Department of Human Services GP Box 4157, MELBOURNE VIC 3001 Street Address: 50 Lonsdale Street, MELBOURNE VIC 3001
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Email Address: [email protected]
Telephone: (03) 9096 7169
Facsimile: (03) 9096 9137
QUEENSLAND
Departmental Officer: Helen Ferguson
Postal Address: Disability Services Queensland GPO Box 806, Brisbane QLD 4001 Street Address: Level 13, 111 George Street, Brisbane QLD 4001 Email Address: [email protected]
Telephone: (07) 3224 4970
Facsimile: (07) 3224 7910
WESTERN AUSTRALIA
Departmental Officer: Jenni Perkins
Postal Address: Disability Services Commission GPO Box 441 West Perth WA 6872 Street Address: 140-160 Colin Street West Perth WA 6872 Email Address: [email protected]
Telephone: (08) 9426 9290
Facsimile: (08) 9226 2313
SOUTH AUSTRALIA
Departmental Officer: Zofia Nowac
Postal Address: Office for Disability and Client Services Department of Families and Communities GPO Box 292 Adelaide SA 5001 Street Address: Level 2, Riverside Building North Terrace Adelaide SA 5000 Email Address: [email protected]
Telephone: (08) 8226 6234
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Facsimile: (08) 8226 6262
TASMANIA
Departmental Officer: Ingrid Ganley
Postal Address: Disability Services Department of Health and Human Services GPO Box 292 Adelaide SA 5001 Street Address: Gellibrand House, St Johns Park New Town TAS 7008 Email Address: [email protected]
Telephone: (03) 6230 7524
Facsimile: (03) 6230 7526
AUSTRALIAN CAPITAL TERRITORY
Departmental Officer: Andrew Whale
Postal Address: Disability ACT Department of Disability Housing and Community Services GPO Box 158 Canberra ACT 2601 Street Address: Nature Conservation House 153 Emu Bank Belconnen ACT 2617 Email Address: [email protected]
Telephone: (02) 6205 7062
Facsimile: (02) 6205 0940
NORTHERN TERRITORY
Departmental Officer: Penny Fielding
Postal Address: Aged and Disability Program Department of Health and Community Services PO Box 40596 Casuarina NT 0811 Street Address: 87 Mitchell Street Darwin NT 0811 Email Address: [email protected]
Telephone: (08) 8999 2831
Facsimile: (08) 8999 2833
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Schedule 2 - Supported Accommodation for people with Disability with Ageing Carers
Item A Capital Works Project (Clause 5.1 of Part B)
A1 Name of Program
Supported Accommodation for people with Disability with Ageing Carers
A2 Program Aims
The aim of the Program is to establish Supported Accommodation Facilities which enhances the lifestyles of people with disabilities and their older carers.
A3 Name of Capital Works Project
Supported Accommodation Facilities for people with disability with older carers.
A4 Capital Works Project Goals
You will use Your best efforts to achieve the following goals:
Establish Supported Accommodation Facilities which enhance the lifestyles of people with disabilities and their older carers. These additional facilities will allow older carers to plan for the transition of their children with disability from home to other accommodation arrangements and will provide older carers with greater peace of mind when they are no longer able to provide care on a full time basis.
A5 What You will do
You will do the following:
• provide new Supported Accommodation Facilities accommodating up to six people each, with new supported accommodation places available:
o For people with a disability whose parents are ageing and can no longer care for them at home.
o To people with a disability who may not currently have appropriate accommodation.
o To assist the transition of people with a disability from home to other accommodation arrangements and to allow older carers to better plan the future of their children.
You will Provide new Supported Accommodation Facilities for people with disabilities who have older carers accommodating up to six people each. The total number of Accommodation Places that will be provided as a result of these facilities is as detailed in the table below:
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An “Accommodation Place” varies between jurisdictions, but generally means a permanent
placement in Supported Accommodation Facility.
Jurisdiction New South Wales
Victoria Queensland South Australia
Western Australia
Tasmania Australian Capital Territory
Northern Territory
Total Places
No. of places
100 70 36 55 30 12 6 4 313
A6 When You will do it
A4.1 Capital Works Project Period
You will start the Capital Works Project on the Start Date and complete it by 30 June 2012 (Term).
A4.2 When You will do certain things
You will do the following things on or by the following dates:
• provide new Supported Accommodation Facilities accommodating up to six people each, with new supported accommodation places available by 30 June 2012.
A7 The Site
Supported Accommodation Facilities will be provided at sites that are determined by You, to meet the need of people with disability and their older carers.
A8 The Designated Use and the Designated Use Period
The Designated Use is to provide Supported Accommodation Facilities for people with disability. The Supported Accommodation Facilities provided with funding from this MOU will be targeted to the support of people with disability with older carers.
The Designated Use Period is the period commencing on the date of Practical Completion of the Capital Works and expiring 20 years after the date of Practical Completion of the Capital Works.
Item B Specified Personnel (Clause 5.1(d) of Part B) The Specified Personnel are: None specified
Item C Defects Responsibility Period (clause 8.6 of Part B)
No period specified
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Item D Form of acknowledgement of Our support (Clause 11 of Part B) The form of acknowledgement of Our support is as follows: Words acknowledging the contribution by the Commonwealth as approved by the Officer identified at Schedule 1, Item A.
Item E Capital Works Project Documents and Reports (Clauses 7.2 and 13.4 of Part B)
E1 You will provide these Reports
E1.1. You will provide Us with one Final Project Report for each Supported Accommodation Facility established..
E1.2 The Reports will contain the following information for each Supported Accommodation Facility established:
Report Content Requirement
Final Project Report (a) as-built drawings;
(b) a full copy of commissioning tests;
(c) copies of all relevant certificates from certifying bodies,
(d) certificate of Practical Completion, and
(e) all certificates and warranties for all equipment; and
E1.3 You will provide Us with one hard copy and an electronic copy in Microsoft Work or Adobe format of the Report.
E2 You will provide a Final Acquittal Report
E2.1. You will provide a Final Acquittal Report for each Supported Accommodation Facility established.
E2.2 The Final Acquittal Report will contain:
(a) the information set out in clause 13.4(a)(ii);
E2.3 You will provide Us with one hard copy and an electronic copy in Microsoft Work or Adobe format of the Final Acquittal Report.
E3 When You will provide Reports
You will provide Us with the Reports at the following times.
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Report Due Date
Final Project Report Within 30 Business Days of Practical Completion.
Final Acquittal Report Within 90 Business Days of Practical Completion.
E4 You will provide these Project Documents
F4.1. You will provide the Project Documents identified in the table below by the date, and including the content, specified in respect of the relevant Project Document in the table below:
None Specified
Item F Payment of Funding (Clause 14 of Part C)
F1 Total amount of Funding
The total amount payable to You is:
JurisdictionNew South Wales
Victoria Queensland South Australia
Western Australia
Tasmania Australian Capital Territory
Northern Territory
Total Funding
Funding ($m) 33.68 24.58 18.31 8.09 9.81 2.63 1.69 1.21 100
The total amount payable is exclusive of GST.
F2 When payments will be made to You (Clause 14.1)
If You act consistently with the terms of this MOU, We will make payments of the Funds to You as set out below.
We will only make the payments set out below if You do the things related to those payments to Our satisfaction.
Payments will be made as follows:
On signing of this MOU.
The date for payment is 30 days after You deliver to Us a correctly rendered Claim for Payment which includes those details set out in Item F3.
F3 What You will include on a Claim for Payment (Clause 14.1)
When You provide us with a Claim for Payment in connection with this Capital Works Project, the Claim for Payment will:
(a) be a letter provided by post, fax or e-mail supplying proof that this MOU has been signed by You.
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F4 Your Bank Account details (Clause 14.3)
The details of Your bank account are as follows:
State BSB Account NSW 32001 203850VIC 33222 140210QLD 64013 10007782SA 35502 130251WA 66040 12500018TAS 37001 268120NT 35301 700406
ACT 62987 10003630
Item G Recipient Contribution (Clause 15 of Part C) Not applicable.
Item H Budget (Clause 16.3 of Part C) Not applicable.
Item I Assets (Clause 17 of Part C)
I1 Application of Clause 17
Clause 17 does not apply.
I2 Approved Assets (clause Error! Reference source not found.)
The following are the Assets We approve:
None specified.
I3 Assets which We own
None specified.
I4 Assets Register
Not applicable.
Item J Intellectual Property (Clause 19.1 of Part D) Not applicable.
Item K Confidential information (Clause 20 of Part D)
K1 Our Confidential Information
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Our Confidential Information includes the following:
Not applicable.
K2 Your Confidential Information
Your Confidential Information is:
Not applicable.
Item L Approved subcontractors (Clause Error! Reference source not found. of Part G)
The approved Subcontractors are:
None specified.
Item M Additional Subcontract terms (Clause Error! Reference source not found. of Part G)
None specified.
Item N Term of this Capital Works Project (Clause 30 of Part H)
(a) The Start Date for this Capital Works Project is 13 June 2008.
(b) The End Date for this Capital Works Project is 30 June 2012.
Item O Addresses (Clause 33 of Part H) Contact Details are the same as those provided in Schedule 1.
Item P National Code of Practice and BCII Act (Clause 9 of Part B)
P1 Application of National Code and BCII Requirements
Clause 9 applies.
ITEM Q Capital Works Project Manager (Clause 6 of Part B)
Q1 Capital Works Project Manager
Clause 6 applies here.
You will appoint a Capital Works Project Manager.
You will ensure that the Capital Works Project Manager holds one or more of the following qualifications:
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(a) a qualified architect registered with the Royal Australian Institute of Architects or other equivalent professional organisation satisfactory to Us;
(b) a builder licensed under the Construction Occupations (Licensing) Act 2004 (ACT) or equivalent legislation in force in another Australian state or territory who is also a member of the Master Builders Association ACT or other equivalent professional organisation satisfactory to Us; or
(c) a qualified engineer registered with the National Professional Engineers Register or other equivalent professional organisation satisfactory to Us; and
Q2 Our approval of the Capital Works Project Manager
Not required.