Hearing screening guidelines for principals · Web viewHearing Screening Guidelines for Principals The Department of Education is committed to providing the highest quality, evidence-based

Hearing Screening Guidelines for PrincipalsThe Department of Education is committed to providing the highest quality, evidence-based learning and teaching practices. Schools and teachers work with a range of partners in identifying and addressing barriers to learning so that all students in Queensland state schools receive the support they need to belong to the school community, engage purposefully in learning, and experience academic success.

These guidelines are provided for principals and school teams in determining the best way to identify and manage the ear and hearing health needs of students in their schools.

Conductive hearing loss due to middle ear disease (or ‘otitis media’) is a significant barrier to learning. It is a relatively common condition among young children, and for most it is likely to be transitory with little or no impact on hearing.

Aboriginal and Torres Strait Islander children experience some of the highest rates of middle ear disease in the world.

Identifying and treating middle ear disease and associated hearing loss is essential. If left untreated, middle ear disease can lead to temporary and sometimes permanent conductive hearing loss that can create difficulties in listening, learning, playing and developing relationships. These problems can have a long-term effect on children’s lives into adulthood.

Best practice considerations for hearing screeningHearing screening aims to identify children who may have, or be at risk of developing, ear disease and associated hearing loss.

It must be embedded within a framework that ensures adequate follow-up for children who are identified as needing further investigation or interventions.

There is little evidence to support stand-alone ear and hearing screening and as such, a coordinated approach comprising disease prevention, treatment and management is required (Australian Institute of Health and Welfare p 2).

Best practice considerations for the use of hearing screening include:

hearing surveillance focusing on the early years

referral pathways

Hearing surveillance – focus on the early years

Screening identifies children with ear and hearing concerns only at the time of screening. Middle ear disease is by nature a fluctuating condition and therefore a one-off screening may not identify all children who are affected.

The best outcomes for children will happen if ear and hearing health screening and surveillance occurs in children aged 0-4 years.

To ensure each student receives appropriate screening, treatment and management, it is suggested that hearing assessments are best conducted in the local primary/community health centre as part of a general health check, where a GP is available to follow-up if there are potential problems identified. This way, children’s ear and hearing health will be routinely and opportunistically reviewed.

However, in high risk communities it is recommended that Principals consider commissioning an ear and hearing health surveillance program for Pre-Prep, Prep and Year One in school if:

o children from the school, particularly those in the early years, do not receive ear and hearing checks by primary/community health services;

o the principal is aware that local children may not have had their hearing assessed prior to starting school; and

o appropriate follow-up is in place - that is there are clear referral pathways to ensure that students who require hearing treatment receive appropriate care.

Once the 4-6 year age group have been screened, targeted screening of children aged 7 and older (years 2 and above) should occur for those with identified concerns by teachers and/or parents/carers and those previously identified as at risk.

All children who do not pass their initial ear and hearing health screening test should be reviewed three months after their initial assessment.

If there is concern about a student’s hearing, then the child needs to be seen promptly by the local GP or child health nurse. It is not appropriate to wait until the screening team arrives for at-risk children to have their ear and hearing health checked.

The principal should review the data from ear and hearing surveillance to determine the value of ongoing engagement of providers in this work.

Referral pathways

If hearing assessments occur at the school, parent consent forms must be completed prior to the assessment and include the contact details of the child’s GP along with approval to share information about the child’s ear and hearing check (see appendix 2).

If parental consent to the sharing of information is not provided, or no GP has been identified, then the child’s family should be provided with a list of local GPs/primary health clinics along with the recommendation that they make an appointment for a hearing assessment.

An Ear and Hearing Health Pathway diagram is included in Appendix 1.

Requirements for providersWhen engaging or allowing providers to conduct hearing screenings at schools, principals must ensure that providers have:

appropriate qualifications to undertake ear and hearing health checks

appropriate qualifications and/or registration. (If a Child Health Nurse carrying out screening, registration with Nursing and Midwifery Board of Australia, if an Aboriginal Health Worker, possession of a Certificate IV in Aboriginal Primary Health Care work)

a current Blue Card or exemption notice

completed child protection training as directed by the principal

evidence of indemnity insurance

written endorsement from the manager/principal of the host facility to undertake the work as described in this document.

Parent consentWhere parents/carers will not be present, schools work with the screening provider to obtain prior written consent from the parent/carer which includes:

question/s on whether there is any existence of or concerns about ear/hearing/speech problems

confirmation of whether the child is under a care management plan for audiology/ENT/speech or related issues

consent to share results and recommendations with the school

nomination of the local primary health provider and GP if possible

advice on how any follow-up treatment or care is to occur, and the responsibilities of the screening provider, parent/carer and school.

Support for educators

The following additional support is available:

1. Health education resources about ear and hearing health in Aboriginal and Torres Strait Islander children for early years staff, educators, health professionals and families available from:

a) The Australian Government’s Care for Kids’ Ears campaign

b) The Deadly Ears Program

2. This resource helps to explain the results of the hearing screening.

3. Queensland Health’s Deadly Ears Program on 3310 7709.

Appendix

Appendix 1: Recommended Ear Health Service Platform

Appendix 2: Sample Parent Consent Form

Appendix 3: Sample contract

https://www.childrens.health.qld.gov.au/wp-content/uploads/PDF/deadly-ears/resources/screening-handout.pdf

http://www.careforkidsears.health.gov.au/

Dear Parent/Guardian

The better your child can hear in the classroom, the more effectively they can learn.

In view of this, a hearing screening provider will be at the school on <insert date> to conduct ear and hearing checks, which will provide a snapshot of your child’s ear and hearing health.

With your consent, your child will participate in ear and hearing health checks in the next 12 months. By giving your consent, you will allow trained health staff to:

check your child’s ears and hearing and, if needed, re-test and follow-up your child

share results with other health and education staff in your community, such as health workers, teachers, audiologists, speech pathologists and doctors including ear, nose and throat doctors. This will ensure your child receives support from health and education providers.

These checks involve the following procedures:

otoscopy (This is the first check that is done; it shows how your child’s ear, ear canal and ear drum look.)

tympanometry (This is the second check. It shows how well your child’s ear drum and middle ear are working.)

audiometry (This is the final check; it shows how well your child can hear different sounds.)

Please note, these checks do not provide a diagnostic assessment and further follow-up may be required.

The hearing-screening provider will give the results of the assessment to you and the school. They will also send the results to your GP as nominated by you below. If there are concerns you will be informed and asked to follow-up with your GP.

If you agree to your child participating in the ear and hearing health checks, please fill out the form attached and return to the school.

If you have any questions before providing your written consent, please contact the service provider <insert name> who will be conducting these checks on (07) xxxxxxxx

Yours sincerely

Principal

Xx State School

Appendix 2

GP (doctor) service

GP’s name

Address of service

Telephone

Please complete the questions on this form and return it to your school. An option must be ticked

and a signature is required.

My child identifies as: Aboriginal Torres Strait

Islander

Both Neither

My child has a diagnosed hearing problem and is under the care of a specialist: yes no

I am concerned about my child’s hearing speech and language development not

concerned

Please select one of the following options:

I give consent for my child’s hearing to be checked. This consent is for 12 months.

I do not give consent for my child’s hearing to be checked

Child’s name Child’s date of

Birth

Home address

Telephone Year at school

Parent/guardian’s

name

Signature of

Parent/guardian

Date

Contract Details

For the provision of Best Practice

Hearing Screening

State of Queensland acting through the Department of Education represented by [Name of school]

Supplier: TBA

Contract Details

Appendix 3

INSTRUCTIONS FOR USING THIS DOCUMENT (TO BE DELETED BEFORE SENDING TO SUPPLIER):

This is the standard form Government contract for the purchase of Goods and Services.

Separate from this document are Guidance Notes (available to Government agencies on GovNet)

to help the Customer complete the first draft Contract Details. Where there is a guidance note to

help you, it is indicated by [see Guidance Note #].

The Customer needs to fill out all yellow highlighted sections with details of the Customer’s

requirements.

The Customer is to delete all highlighting and references to Guidance Notes before giving the

Supplier the Contract Details.

Where the Customer issues an Invitation to Offer, the Customer should issue the completed

Contract Details document as part of the Invitation to Offer.

Where the Customer does not issue an Invitation to Offer, the Customer should issue the

completed Contract Details together with the appropriate conditions of Contract to the Supplier at

the start of the discussions about entering a contract.

Instructions to Suppliers are included in italics. The Customer should retain the instructions to

Suppliers in the Contract Details sent to the Supplier.

https://www.forgov.qld.gov.au/general-goods-and-services-templates

Table of contentsHearing Screening Guidelines for Principals................................................................................

Best practice considerations for hearing screening

Requirements for providers

Parent consent

For the provision of Best Practice Hearing Screening.................................................................

Supplier: TBA

1 Introduction..........................................................................................................................

2 Purpose / objectives............................................................................................................

3 General information............................................................................................................

4 Terms and conditions of the Contract...............................................................................

1. Definitions and interpretation

2. Base terms

3. Contract departures – Customer changes [See Guidance Note #10]

4. Contract departures – Supplier changes [See Guidance Note #12]

agrees to provide the Goods, Services and other Deliverables to the Customer on the terms described in the Contract.

5. Forming the Contract4.5.1 Agreement by Supplier4.5.2 Agreement by Customer [See Guidance Note #13]

Schedule 1 – Requirements..........................................................................................................

Schedule 2 – Price and Payment Terms......................................................................................

Schedule 3 – Performance Measurement....................................................................................

Schedule 4 – Governance..............................................................................................................

1 Introduction This whole document forms part of the Contract.

The Supplier must complete all sections of this document. The Supplier must not make

any changes to the structure of this document. If the Supplier does not agree with any

sections of this document that have been completed by the Customer, the Supplier must

identify its proposed changes to the Contract in section 44 (Contract departures –

Supplier Changes).

Changes which do not comply with the requirements in this section do not form part of

the Contract

2 Purpose / objectives The Department of Education (the Customer) is committed to providing the highest

quality, evidence-based learning and teaching practices. Schools and teachers work with

a range of organisations to identify and address barriers to learning so that all students

are achieving each and every day at school.

One of the key barriers to learning is conductive hearing loss due to middle ear disease

(or ‘otitis media’). This is a relatively common condition among young children, and for

most of them, it is likely to be transitory with little or no impact on hearing. However, if left

untreated, middle ear disease can lead to temporary and sometimes permanent

conductive hearing loss that can create difficulties in listening, learning, playing and

developing relationships. These problems can have a permanent effect on the long term

trajectory of children’s lives. Therefore, the identification and treatment of middle ear

disease and associated hearing loss is essential.

Middle ear disease is by its nature a fluctuating condition and therefore a one-off

screening may not identify all children who are affected. Screening identifies children

with ear and hearing concerns only at the time of screening. If hearing assessments are

undertaken at the school, the assessment should not take place unless there are clear

referral pathways to ensure that children who require hearing treatment receive

appropriate care.

Aboriginal and Torres Strait Islander children aged 4-6 years may have a high

prevalence of hearing health problems, particularly if routine surveillance has not been

possible before age 4. Therefore hearing screening of this age group (Pre-prep, Prep

and Year One), providing appropriate follow-up is in place, is recommended.

The intent of hearing screening is to identify children who may have or be at risk of ear

disease and associated hearing loss. This contract sets out the requirements for

Suppliers and Principals if they choose to engage external hearing screening services at

their school.

3 General informationNo.

Topic Details

1 Customer Name: State of Queensland acting through the Department of Education represented by [Name of School]

ABN or ACN: 76 337 613 647

2 Customer contact details

Contact person:

Position: Principal of [Name of School]

Street address:

Postal address:

Email:

All notices and other communication relating to the Contract are to be sent to the Customer at the details set out in this item, or any updated details that the Customer provides to the Supplier in writing.

3 Supplier The Supplier must complete these details.

Name:

ABN or ACN:

4 Supplier contact details

The Supplier must complete these details.

Contact person:

Position:

Street address:

Postal address:

Email:

All notices and other communication relating to the Contract are to be sent to the Supplier at the details set out in this item, or any updated details that the Supplier provides to the Supplier in writing.

5 Subcontractor(s) The Supplier is to provide the names, legal entity type and contact details of all subcontractors that the Supplier intends to use, and the obligations that will be subcontracted to each subcontractor. Repeat as necessary.

No.

Topic Details

Name (and legal entity):

Street address:

Postal address:

Obligations:

6 Contract term Start date: The date the contract is executed by both parties

End date: <<insert>>

Extension options: <<insert (e.g. 2 x 1 year)>>

7 Cap on liability[See Guidance Note #3]

The cap on liability (in the aggregate) is the greater of:

(a) $<<X>> million; or

(b) <<3>> times the total of all Prices payable under the Contract,

or as limited by law or binding scheme (specified below).

8 Insurance[See Guidance Note #4]

The Supplier is to insert details of its policies as specified below (repeat as required) and provide a copy of a certificate of currency for each policy.

Workers compensation insurance as required by law.

Public liability and products liability insurance to a minimum value of $20 million per occurrence is required to be held and maintained during the period of this Contract.

Professional indemnity insurance to the value of $10 million is to be maintained for six (6) years after the Contract completion Date or termination of the Contract.

Other insurances:

9 Customer inputs The Supplier is to insert details of any Customer resources that it will need in order to perform the Contract. For example, equipment, premises access, information, documents and Personnel.

10 Site details[See Guidance Note #5]

Location(s) for providing Services:

No.

Topic Details

The Supplier will perform the Services at the following location(s):

11 Authorisations [See Guidance Note #7]

<< This section allows the Customer to add other authorisations which are not required by law, but which the Customer wants the Supplier to have when performing the Services (e.g. ISO27001 quality assurance standards, certifications from an original equipment manufacturer that the Supplier is appropriately trained to maintain equipment).

If not applicable then insert “Not applicable”.>>The Supplier is to provide details of its authorisations.

12 Security requirements

Not Applicable

13 Conflict of Interest Supplier to insert details of any Conflict of Interest it is required to declare in accordance with the ‘Conflict of Interest’ clause in the Contract. If no Conflict of Interest exists, insert ‘Nil’.

4 Terms and conditions of the Contract 1. Definitions and interpretation The definitions and rules of interpretation applicable to the Contract are available on the

Department of Housing and Public Works website, current as at December 2014

2. Base termsThe Comprehensive Contract Conditions apply to the Contract. A copy of these terms is

available on the Department of Housing and Public Works website], current as at December

2014.

3. Contract departures – Customer changes [See Guidance Note #10]

Changes made in accordance with this section that are agreed between the parties will

override any other section of this document.

https://www.forgov.qld.gov.au/general-goods-and-services-templates

http://www.hpw.qld.gov.au/SiteCollectionDocuments/Definitions%20and%20Interpretations%202%200.pdf

The Supplier must not make any changes to section 43 of this document. If the Supplier

does not agree with any of the Customer changes, include those items as part of the

Supplier’s response to section 4.

Clause

Number

Comprehensive Contract Conditions

5. Clause 5(n) of the Comprehensive Contract Conditions is amended to include the

following:

5(n) (insurance)

Copies of Certificates of Currency issued by the Supplier’s insurer are to be

forwarded to the Customer within five (5) Business Days of a request from the

Customer; or of receipt of the Certificate of Currency when renewing or changing

an insurance policy.

5. Clause 5(o) of the Comprehensive Contract Conditions is amended to include the

following:

5(0) (authorisations)

Copies of all authorisations required to be held by the Supplier or any approved

Subcontractor must be forwarded to the Customer a minimum of twenty (20)

Business Days before the Services are provided. Any renewals or amendments

of those authorisations must be provided to the Customer within five (5) business

days of receipt by the Supplier or any approved Subcontractor.

8.1 Clause 8.1 of the Comprehensive Contract Conditions is deleted and replaced by

the following:

8.1 Subcontracting

(a) The Supplier may only subcontract any part of its obligations under this

Contract to subcontractors identified in the Details or with the Customer’s prior

written consent.

(b) The Customer may withhold consent in its absolute discretion.

(c) Any approved subcontractor must have an agreement with the Supplier the

terms of which must be consistent with the terms of this Contract providing the

Customer with the same rights and deliverables as are contained in this Contract,

including reporting requirements and must contain appropriate provisions to

ensure the Customer remains compliant under the Information Privacy Act 2009

(Qld).

(d) Any approved subcontractor must have insurances as approved by the

Customer prior to providing any Services.

(e) Copies of all authorisations, approvals and qualifications for all

subcontractors and subcontractor’s personnel must be provided to the Customer

prior to providing the Services.

18. Clause 18 (c) is added to the Comprehensive Contract Conditions

18(c) Where the Supplier provides internet-based services to enable delivery of

Services under the Contract:

(i) The Supplier must comply with the Information Privacy Act 2009 (Qld) and Information Access and Use (IS33) as though they were a Queensland Government department or agency. This included the protection of user’s identities.

(ii) The Supplier must ensure that the System meets the requirements outlined in Item 10 of Schedule 1.

(iii) The Supplier must ensure all Customer Data is hosted with at least the following security protections:

Data segmentation;

Immediate breach notification;

Secure deletion;

Authentication mechanisms to uniquely identify users of any System. This includes but is not limited to unique login details, for example, username and password;

Role based and discretionary access controls;

Encryption at rest and in transit at AES128 and/or Triple Data

Encryption Standard (3DES), however AES256 is preferred);

and

has Secure Sockets Layer (SSL) certification or Transport Layer Security (TLS) certification and that the appropriate emblem for SSL or TLS is visible on the website.

(iv) Upon termination/expiration of this Contract (and any subcontracts

with any Subcontractors) the Supplier (and/or Subcontractors) will deliver

all Customer Data to the Customer in an appropriate format and

completely delete all Customer Data from its System. The Supplier is also

required to deliver to the Customer a complete and up-to-date list of all

persons or other legal entities that, to the Supplier’s knowledge, have had

access to, or control of, any of the Personal Information and or Customer

Data.

(v) The Supplier must ensure (either directly or via the Subcontractor) that

there are physical and remote access prevention measures and updated

risk assessments and appropriate risk mitigation strategies for each data

storage location.

(vi) The Supplier must not match or otherwise combine any personal

information about a data subject with any other personal information about

that data subject from any other source without the prior written consent of

the relevant data subjects.

(vii) The Supplier will allow the independent investigations of complaints

by the Customer or any person or body nominated by the Customer and

provide appropriate redress to complaints for any harm arising from its

failure to effectively uphold the Information Privacy Principals (IPPs) as

contained in the Information Privacy Act.

(viii) The Supplier will permit the Customer or its nominee to inspect or

audit its compliance under this Contract and with the IPPs and further

warrants the accuracy of records audited.

(ix) The Customer reserves the right to request copies of independent

audits of the data storage locations by a certified ISO 27001 auditor.

(x) The Customer requires access to the System at the times and

locations outlined in Schedule 1 Item 2.1(v) - Requirements. The Supplier

will provide two (2) business days’ notice of any planned

outages/closures. The Supplier must advise the Customer within two (2)

hours (during core business hours) of any disruption to services, detailing

the extent of the problem and projected duration.

Clause 19.2 of the Comprehensive Contract Conditions is replaced with:

19.2 Conflict of interest

The Supplier warrants that it and its Personnel do not hold any office or possess

any property, are not engaged in any business or activity and do not have any

obligations where a Conflict of Interest is created, or might appear to be created,

in conflict with its obligations under this Contract, except as disclosed to the

Customer.

If the Customer requests, the Supplier must obtain from its Personnel a signed

conflict of interest declaration in a form acceptable to the Customer.

Clause 21.3 of the Comprehensive Contract Conditions is amended to include the

following:

21.3 For Convenience

Should the Customer terminate the Contract, the Customer will pay for all works

completed up to the cancellation date of the Contract. In addition the Customer

will pay for any pre-booked airfares and accommodation that is unable to be

cancelled.

Clause 25 is added to the Comprehensive Contract Conditions

Conduct While on Site

25.1 The Supplier's personnel and/or personnel acting on behalf of the Supplier

must not enter Site/s without firstly presenting to the Customer’s office /

reception / security desk to gain permission to enter the Site and/or deliver goods

to the Site. This includes deliveries to School departments, tuckshops, uniform

shops, book shops or Outside School Hours Care facilities.

25.2 The Supplier's personnel and/or personnel acting on behalf of the Supplier,

while on the Site, must comply with Working on DET Facilities available at

http://education.qld.gov.au/asbestos/service-providers-andcontractors/ index.html

which identifies the responsibilities and obligations of the Supplier who

undertakes any work on or enter DET facilities. For the purpose of complying with

Working on DET Facilities, reference to Contractor has the same meaning as

Supplier.

Clause 26 is added to the Comprehensive Contract Conditions

Statements, Comments and Marketing

26.1 The Supplier will not issue or make statements or comments to the public,

any media or other persons or authorise or cause any person to do those things

regarding this Contract or matters arising in relation to it, including referring to the

http://education.qld.gov.au/asbestos/service-providers-andcontractors/

Customer as a reference site for the Supplier without the consent of the

Customer. This does not prevent the Supplier from disclosing information in

relation to this Contract to its professional advisors or to comply with any

applicable law or the requirement of applicable regulatory bodies including any

relevant stock exchange.

26.2 The Supplier will market and promote the Goods and/or Services included

on this Contract directly to the Customer.

26.3 The Supplier’s personnel and/or personnel acting on behalf of the Supplier,

must not represent to the Customer, either through direct engagement, marketing

material or the Supplier’s website any authority to supply any deliverables that the

Supplier has not been approved to supply under this Contract. The Supplier must

state clearly on marketing material or the Supplier’s website that those

deliverables are not supplied under nor covered by the provisions of the Contract.

Failure to comply with this provision may be deemed a material breach of the

Contract and the Supplier may be required to show cause as to why the

agreement between the Customer and the Supplier should not be terminated.

26.4 If so directed by the Customer, pursuant to the Comprehensive Contract

Conditions clause 17(e), the Supplier will, within three (3) Business Days after

receipt of the Contract termination notice from the Customer:

· Cease all forms of media advertising;

· Cease issuing catalogues or promotional material that includes reference to the

Contract, and

· Remove all Contract related website advertising.

28. Clause 28 is added to the Comprehensive Contract Conditions

Code of Practice for DET Suppliers and Guide for Gifts, Incentives and Free

Items

28.1 The Supplier is required to comply with the Department’s Code of Practice

for DET Suppliers and the Guide for Gifts, Incentives and Free Items available at

http://deta.qld.gov.au/procurement/purchase-terms-conditions.html

http://deta.qld.gov.au/procurement/purchase-terms-conditions.html


Criminal History Check

29.1 The Supplier is required to prove that a criminal history check has been

completed within the last 12 months for all personnel that are involved in the

delivery of Services. The results of this check must be provided to the Customer

before the Key Personnel can be utilised under the Contract.


Blue Card

30.1 The Supplier must ensure that its officers, employees, agents and other

persons involved with the supply of the Services under this Contract hold valid

Blue Cards where required by law under the Working with Children (Risk

Management and Screening) Act 2000 (Qld) prior to conducting any services that

involves contact with students under eighteen (18) years of age.

31 Clause 31 is added to the Comprehensive Contract Conditions

Consent and Privacy

31.1 The Supplier must comply with section 426 of the Education (General

Provisions) Act 2006 (Qld) as if they were an “employee” for the purposes of that

section 426.

31.2 The Supplier must, and must ensure that any Subcontractor, comply with the

Information Privacy Act as though they were a Queensland Government

department or agency.

31.3 The Supplier must have appropriate provisions in all contracts or

agreements with Subcontractors to ensure compliance by the Customer with the

Information Privacy Act.

31.4 The Supplier is liable for any breach by the Customer of the Information

Privacy Act arising as a result of any breach by the Supplier of this clause 32 or

failure by the Supplier or any Subcontractors to comply with the Information

Privacy Act.

31.5 The Supplier indemnifies the Customer for all costs, losses, damages (of

any description, including legal costs on a solicitor and own client basis) arising

as a result of any breach by the Supplier of this clause 32 or any failure by the

Supplier or any Subcontractors to comply with the Information Privacy Act .

31.6 The Supplier must maintain detailed and accurate records for a minimum of

the Contract term plus 7 years and must provide copies as and when requested

by the Customer.


Reportable Concerns

32.1 The Supplier is aware of the requirements of mandatory reporting of

suspected child abuse in schools. In the case of suspected reportable offences,

the Supplier will communicate with the school to determine who will lodge the

concern.


Responsibilities of the Supplier

33.1 The Supplier is responsible for the supervision, control, conduct and health

and safety of all persons involved in the delivery of the Services including

Subcontractors/Service Personnel and their invitees and visitors at the Sites.

33.2 The Supplier must ensure that all persons involved in the delivery of the

Services including Subcontractors/Service Personnel and their invitees and

visitors comply, at all times, with the terms of this Contract and the reasonable

directions of the Customer and any Site Principal.

33.3 The Supplier must ensure that all persons involved in the delivery of the

Services including Subcontractors/Service Personnel and their invitees and

visitors are properly qualified and trained and hold all current qualifications and

certificates in order to deliver the Services.

33.4 Any complaints from a student or student’s parent will be managed directly

through the school Principal and the Supplier must direct any parent or other

complainant to the relevant Site office.

33.5 The Supplier must, at its cost after each use and at the end of the Contract

term, ensure it leaves each Site in a clean and tidy condition and in the same

condition it was in prior to use.

33.6 The Supplier is to ensure the Services are provided only on the Customer’s

behalf and at the Customer’s request and must never be provided directly by the

Supplier or any Subcontractor, to any student enrolled at the schools nominated

and listed in the Contract, outside of this contract and during the term of the

Contract.


Injury or Damage

34.1 The Supplier is responsible at its cost for:

(a) damage, loss or injury to any person or property (including the Site and any

Site property); and

(b) the cost of any security or emergency call-out to the Site, arising, directly, from

the Supplier’s entry and use of the Site and the provision of the Services under

this Contract.

34.2 The Supplier must notify the Customer immediately upon it becoming aware

of:

(a) any injury to any person occurring on any Site; or

(b) any damage to, or defective operation of, any Site, building, improvements or

property, arising, either directly or indirectly, from Supplier’s usage of the Site,

and Supplier’s use or activities when using the Site or the Services.


Entry and Removal of Persons

35.1 In an emergency, or where the Customer reasonably believes that the

Services or any person involved in the delivery of the Services including

Subcontractors/Service Personnel and their invitees and visitors are disturbing

the good order and management of the Site, the Customer may:

(a) refuse access to the Site (to any person); or

(b) direct the relevant persons to leave the Site.

35.2 If, in the reasonable opinion of the Site Principal, there is a risk to the health,

safety or wellbeing of students, the Site Principal can direct any person to leave

the Site and such persons as directed must leave the Site immediately.

35.3 Any person directed by the Site Principal to leave the Site must not attend

any other Site until the Customer has provided specific written approval in relation

to that person.


Compliance with Laws

36.1 The parties must, at their own cost, punctually comply with all relevant laws,

regulations, any statutory authority requirement and any relevant Federal, State

or Local government guidelines during the course of this Contract, including with

respect to the Services, using the Sites, and obtain, maintain and renew as

required, all approvals.

36.2 Without limitation to clause 36.1, the Supplier must, at its own cost, ensure

that any person involved in the delivery of the Services including

Subcontractors/Service Personnel and their invitees and visitors comply with:

(a) all applicable Australia Health Practitioner Regulations; and

(b) the Working with Children (Risk Management and Screening) Act 2000 and, if

required under the Working with Children (Risk Management and Screening) Act

2000, hold a current and valid ‘blue card’ issued by the Public Safety Business

Agency, which indicates that a person is eligible to work with children and young

people in Queensland.

36.3 The parties will comply with the Work Health and Safety Act, and any other

applicable laws, policies and procedures in exercising their rights and performing

their obligations under this Contract.

36.4 Any personal information collected by the parties must be handled in

accordance with the requirements of section 426 of the Education (General

Provisions) Act 2006 (Qld) as if they were an “employee” for the purposes of that

section 426, and, in the event that section 426 of the Education (General

Provisions) Act 2006 (Qld) does not apply, the information must be handled in

accordance with the requirements of the Information Privacy Act.


Compliance with Policies and Procedures

37.1 The Supplier must ensure any person involved in the delivery of the Services

including Subcontractors/Service Personnel and their invitees and visitors abide

by all policies, procedures, guidelines and rules as notified by the Customer to the

Supplier from time to time.

37.2 Without limiting clause 37.1, the Supplier must ensure it, any person

involved in the delivery of the Services including Subcontractors/Service

Personnel and their invitees and visitors:

(a) do not do anything on the Site which is unlawful, harmful, offensive or

hazardous;

(b) do not cause a nuisance or interfere with the reasonable peace, comfort or

privacy of other users of the Site or occupants of the adjoining properties;

a) do not use the Site’s information and communication technology network, equipment or devices or any other activities or equipment of the Site unless authorised under this Contract;

b) take all reasonable precautions to avoid fire and health hazards;

c) do not smoke at any time on the Site or within five (5) metres outside the boundary of the Site; and

d) comply with all emergency procedures of the Site and, in the event of fire or other emergency conditions, comply with all directions given by the Site Principal and Site staff.


Indemnity

38.1 The Supplier must indemnify the Customer and all its officers, employees,

contractors and agents against all claims for damages, loss, costs or injury arising

from any act or omission of the Supplier, any person involved in the delivery of

the Services including Subcontractors/Service Personnel and their invitees and

visitors.

<<Customer to insert any special conditions it wants to include in the Contract, or any

amendments to the standard conditions (e.g. if the Customer requires a different position in

the contract regarding intellectual property rights [See Guidance Note #11]). Special conditions may

include extra terms required as a result of a response to an ITO.>>

4. Contract departures – Supplier changes [See Guidance Note #12]

Changes made in accordance with this section that are agreed between the parties will

override any other section of this document.

If the Supplier proposes any additional clauses or any changes to the base terms (identified

in section 42), as modified by any Customer changes in section 3, the Supplier is to set

them out here.

The Supplier must set out Supplier changes in the requested format and clearly indicate

which part of the Contract it is proposing to change (including clause numbers) using the

table below. Repeat rows as required.

The Supplier is to respond to any Customer changes from section 3 which it does not agree

with, in this section.

Repeat as required.

Clause No. Reason for change requested

Change proposed

Supplier insert clause it wishes to amend

Supplier to explain the reason why a change is necessary.

Supplier to insert alternative position or proposed amendments to the clause.

Acknowledgements and certifications

The Supplier:

agrees to provide the Goods, Services and other Deliverables to the Customer on the terms described in the Contract.

(a) certifies that it has read, understands, and complies with all the requirements of the Contract.

(b) acknowledges that only proposed Contract changes which comply with sections 3 and 4 form part of the Contract.

(c) represents that all the information provided by it and referenced in the Contract is complete, accurate, up to date and not misleading in any way.

(d) acknowledges that the Customer is relying on the information provided by the Supplier and referenced in the Contract in entering into the Contract.

(e) acknowledges that the Customer may suffer damage if any of that information is incomplete, inaccurate, out of date or misleading in any way.

5. Forming the Contract

4.5.1 Agreement by Supplier

The Supplier will sign in this section. By signing, the Supplier is offering to enter the Contract

on the terms set out in this document. If the Supplier does not execute this document itself, it

must (if the Customer requests) provide adequate evidence that the signatory is properly

authorised to execute this agreement.

If the parties agree any changes to this document after the date of the Supplier’s signature

(but before the Customer accepts the Supplier’s offer as described below), the Supplier and

Customer will prepare a new version of the document incorporating the agreed changes,

which will replace this document. The Supplier will sign the new document, offering to enter

the Contract on the amended terms.

Date ……………………………………..

EXECUTED for and on behalf of:

...............................................................

Name of Supplier

by its authorised representative, in the

presence of:

...............................................................

Signature of witness

...............................................................

Name of witness (block letters)

...............................................................

Address

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of authorised representative

By executing this agreement the signatory warrants

that the signatory is duly authorised to execute this

agreement on behalf of the Supplier

...............................................................

Name of authorised representative (block letters)

...............................................................

Position of authorised representative

4.5.2 Agreement by Customer [See Guidance Note #13]

The Customer may accept the Supplier’s offer either by signing in this section, or separately

confirming to the Supplier in writing that the Customer accepts the Supplier’s offer.

Date ......................................................

EXECUTED for and on behalf of:

...............................................................

Name of Customer

by its authorised representative, in the

presence of:

...............................................................

Signature of witness

...............................................................

Name of witness (block letters)

...............................................................

Address

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of authorised representative

By executing this offer the signatory warrants that the

signatory is duly authorised to submit this offer on

behalf of the Customer

...............................................................

Name of authorised representative (block letters)

...............................................................

Position of authorised representative

Schedule 1 – RequirementsThe Supplier must provide the Services specified below to the Customer, in accordance with the

Requirements described in this Schedule.

1. Requirements for Services [See Guidance Note #15]

<<Customer to insert details of the services to be supplied under the Contract. Include as much

detail as possible to clearly describe the Services that may be purchased, including the scope of

work, any applicable specifications, performance standards, acceptance criteria or other

requirements (including requirements for documents the Supplier must provide) to ensure that

the Supplier has a legally binding obligation to meet those requirements. This section may be a

combination of content from the Customer (e.g. describing the requirements/scope of work), and

the Supplier (e.g. describing the actual services that will be performed).>>

<<If the Supplier has to perform the Services during specified hours then include that

information, e.g. “Time for performance of services: Between xx:xx am/pm and xx:xx am/pm on

[days of the week]>>Transition Out Services [delete if not applicable] [See Guidance Note #16]

<<If the Supplier has to provide transition-out services then specify the detailed scope of those

services here. If you do not know the scope of transition-out services at the time of entering into

the Contract, then describe how and when the parties will determine the detailed scope of

transition-out services and seek legal advice for assistance on drafting this clause.>>

2. Key Personnel [See Guidance Note #17]

<<If the Customer does not require the Supplier to provide details of Key Personnel, either

delete this section or insert “Not applicable”>>

The Supplier must provide the names and contact details for all Key Personnel that the Supplier intends to use, and summarise the role of each Key Personnel and key obligations they will be responsible for. The Supplier must separately provide a copy of all Key Personnel CVs. Repeat as necessary.

Name and Position Contact details Role / Key obligations

Committed level

[Name]

[Position]

Ph:

Email:

[Description] [Number of hours, percentage of full-time equivalent, or other level of commitment to the Contract]

4. Other Requirements

<<If there are no other Requirements, either delete this section or insert “Not applicable.”>>

Schedule 2 – Price and Payment

Terms<<If the Customer has specific requirements in the way it wants Suppliers to submit pricing

(e.g. by completing a table, or a pricing template in Excel format) then attach the pricing

schedule or insert the table the Supplier is to complete. The Customer should amend this

section to set out any other pricing requirements not already addressed.>>

If the Customer has provided a specific document/template for the Supplier to use to submit pricing

information (e.g. Excel spreadsheet), then the Supplier must submit pricing details in the required

format. If not otherwise specified, Suppliers may complete this section in any appropriate format, but

Suppliers must address all items.

2.1 Price [See Guidance Note #18]

The Supplier must itemise all amounts that the Customer is to pay in relation to the Contract, as well

as totals. The Supplier is to identify the Pricing method (e.g. lump sum, fixed price, time and materials

including rate card). The GST component is to be separately identified.

Where expenses will be charged, the Supplier must provide an estimated forecast for expenses over

the life of a Contract, and explain any assumptions that those calculations are based on. If the

Supplier cannot forecast expenses, the Supplier must include details of how expenses will be

calculated.

2.2 Price reviews

If the Supplier proposes that the Prices will be changed during the term of the Contract, the Supplier

must clearly set out the times that the review will occur and the Price review mechanism.

2.3 Payment plan/milestones [See Guidance Note #19]

The Supplier may invoice the Customer after successful achievement of the milestones as

follows:

The Supplier is to describe when Customers will be invoiced for Goods/Services provided to

Customers, (e.g. the timetable for payments, the amount of each payment and the Deliverables that

the payments relate to).

2.4 Payment methods

The Supplier is to describe how the Customer can make payment (including whether corporate credit

card is accepted).

2.5 Discounts or rebates

The Supplier is to set out details of any applicable discounts (e.g. trade discounts, early payment

discounts, volume discounts) or rebates.

2.6 Other pricing information

The Supplier must set out any other matters which may affect the Prices. The Prices will not be

changed in response to any event which is not described here.

Schedule 3 – Performance

MeasurementThis Schedule describes how the Supplier’s performance will be measured under the Contract,

including: [See Guidance Note #20]

Key performance indicators, minimum service level requirements, acceptance criteria or other performance measures proposed by the Customer;

Details of how KPIs will be measured (e.g. identify reports)

Consequences if performance is unsatisfactory.The Supplier must respond to the performance measures proposed by the Customer in this Schedule.

The Supplier can also suggest additional or alternative performance measures.

<<Customer to insert details of performance measurement requirements. Example table

provided below:>>

Key Performance Indicators / Service Levels

Mea

sure

Purp

ose

Perf

orm

ance

Ta

rget

Mea

sure

men

t C

alcu

latio

n

Freq

uenc

y of

M

easu

rem

ent

Res

pons

ibili

ty

Min

imum

sco

re

Con

sequ

ence

s of

failu

reName of

Measure

#1

Why being

measured

What is

being

measured.

Must be

objective

and

quantifiable

How will be

measured

(e.g.

monthly

reports)

Weekly/

Monthly/

Quarterly/

Half yearly/

Yearly

Who

measures

compliance -

Supplier or

Principal?

Where will

the data

come from

to measure

compliance?

Minimum

acceptable

score

What happens

if minimum

acceptable

score isn’t

met? Credit,

rebate,

discount, other

consequence?

Name of

Measure

#2

Schedule 4 – GovernanceThis Schedule sets out governance arrangements applicable to the Contract.

4.1 Reporting requirements

The Supplier must provide the following reports:

<<Customer to insert details of any reports the Supplier must provide to the Customer (or vice versa), including what must be included in the report, format requirements, frequency, due dates. If reporting requirements are not known then insert “To be agreed between the parties”.>>

If no reporting is required under the Contract then insert “There is no reporting to be provided under the Contract.”>>

The Customer must provide the following reports:

<<If the Customer is required to provide any reports to the Supplier, then insert including what must be included in the report, format requirements, frequency, due dates. If reporting requirements are not known then insert “To be agreed between the parties”. Delete if not applicable>>4.2 Meeting requirements

The Supplier must attend the following meetings:<< If the Supplier is required to attend formal or informal review meetings with the Customer (e.g.

to review performance), insert details including how frequently, the location of the meetings, who

must attend and (if known) minimum agenda items. Delete if not applicable>>

4.3 Escalation of issues

<<Customer to insert details of escalation process to manage any issues that arise (insert a

diagram if useful)>>

4.4 Other governance or quality assurance requirements

<<If the Supplier is required to do anything else to ensure compliance with the Contract (e.g. self-

audits, quality assurance reviews etc.), insert details here. Otherwise delete if not applicable>>