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Entering into contracts

There are many important agreements that community organisations might enter into. We'll help you get the details right from the start.

Content last updated 22/03/2022

Funding agreements

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Federal funding agreements

The Department of Finance published a suite of government grant agreement templates to be used by Commonwealth entities when entering into grant arrangements in 2018. 

These templates are designed to replace agency-specific grant agreement templates, including the Department of Social Services (DSS) templates. The DSS Streamlined Grant Agreement is not part of the Department of Finance’s suite of templates and is being phased out as DSS enters into new grant agreements with community-based organisations.  

Commonwealth Simple Grant Agreement

We have prepared a fact sheet on the Commonwealth Simple Grant Agreement (part of the Department of Finance’s suite of templates). The Commonwealth Simple Grant Agreement is based on and replaces the previous ‘Low Risk Grant Agreement’ and it includes more drafting options for the supplementary terms. 

Our fact sheet provides guidance on some of the important terms for funded organisations to be aware of. The fact sheet will make more sense if you read it with your grant documents at hand.

The fact sheet includes information on:

  • what the Commonwealth Simple Grant Agreement is
  • important terms in the Agreement
  • when written notification is required
  • record and reporting requirements, and
  • tips to help organisations be prepared for operating under the Agreement
Fact sheet: Commonwealth Simple Grant Agreement (290.8KB)
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Note

The Commonwealth Simple Grant Agreement is not just one document - it’s made up of a number of documents. Funded organisations must make sure they are aware of the terms of all the documents as, together, they make up the Commonwealth Simple Grant Agreement.  

The documents that make up the agreement between the Commonwealth government entity and the funded organisation will vary and may include the following documents:

  • Commonwealth Simple Grant Agreement template, including introductory information, the Grant Details and any Supplementary Terms (some, all, or none of these may apply – organisations need to check)
  • the schedules, including the Commonwealth General Grant Conditions, and
  • other documents referred to in the Grant Details

Organisations should seek independent legal advice about the terms and practical implications of their Commonwealth grant agreements.


NSW Government funding agreements

The Human Services Agreement is a NSW Government document that sets out the standard terms and conditions that apply to organisations (referred to as non-government organisations on ProcurePoint) that deliver human services funded by NSW government agencies. 

From 1 August 2017, the Human Services Agreement will apply to all organisations funded by a NSW government agency to deliver ‘human services’. Human services are defined by the NSW Government as programs, facilities or services provided to meet the health, welfare and social needs of individuals, families and communities. 

More information 

More information about the Human Services Agreement can be found on the ProcurePoint website and in this NSW Procurement Board Direction. 

We have developed a guide to the Human Services Agreement that provides information on the key obligations of organisations under the Human Services Agreement and includes checklists to help organisations comply with their obligations. 

We have also developed a fact sheet for organisations funded by the Department of Communities and Justice (DCJ). This fact sheet will help organisations understand the supplementary conditions contained in the DCJ schedule to the Human Services Agreement. 


Download the full Guide to the Human Services Agreement

Guide to the Human Services Agreement (2.2MB)
Download


Download individual parts

Guide to the NSW Human Services Agreement
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Checklist 1 - How do we meet our notification obligations
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Checklist 2 - How do we meet our reporting obligations
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Checklist 3 - How do we practically comply with the agreement
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Checklist 4 - How do we meet our privacy obligations
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Checklist 5 - How do we meet our intellectual property obligations
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Checklist 6 - What are our obligations when engaging with personnel
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Checklist 7 - What records and registers do we need to keep
Download


Download the template sub-contract agreement

We have developed a template sub-contract agreement that has been prepared to help prime contractors (sometimes referred to as the lead contractor) and sub-contractors prepare a sub-contracting agreement for services funded by NSW government agencies under the NSW Human Services Agreement.


Other contracts between service providers and the NSW Department of Communities and Justice (DCJ) 

Before 2017, the DCJ, previously called the Department of Families and Community Services (FACS) had other contract templates with service providers including the Funding Deed and the Program Level Agreement (PLA). 
Since 2017, DCJ has been using the Human Services Agreement (HSA) for new contracts as old contracts expire. In particular, the Funding Deed and PLA have been replaced with the HSA Standard Terms and the HSA Schedule.

Most DCJ contracts expired in June 2020, and from July 2020 new contracts use the HSA.  

If your organisation still requires guidance on the FACS Funding Deed, apply for legal help. 


The content on this webpage was last updated in March 2022 and is not legal advice. See full disclaimer and copyright notice.


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