Caregiver Independent Contractor Agreement (Australia)

Create a legally compliant Independent Contractor Agreement for Australia. Covers ABN requirements, sham contracting protections, GST, IP ownership, WHS obligations, and the multi-factor contractor test under Fair Work Act 2009. Suitable for all states and territories including NSW, VIC, QLD, WA, SA, and ACT.

An Aged Care Service Agreement is a legally required written contract between an approved aged care provider and an aged care recipient (or their representative) that sets out the services to be provided, the fees payable, and the rights and responsibilities of each party. In Australia, approved providers of Commonwealth-funded aged care services are required by the Aged Care Act 1997 (Cth) and the Aged Care Quality Standards to have a written service agreement with each care recipient before services commence. The Aged Care Act 1997 (Cth) is the principal legislation governing the provision of Commonwealth-funded aged care in Australia. It establishes the framework for the approval of aged care providers, the allocation and management of aged care funding, the rights of care recipients, and the quality and safety obligations of approved providers. The Aged Care Quality and Safety Commission Act 2018 (Cth) established the Aged Care Quality and Safety Commission as the national body responsible for regulating aged care services and enforcing the Aged Care Quality Standards. The Aged Care Quality Standards, which came into force on 1 July 2019, set out eight standards that approved providers must meet: Standard 1 (Consumer dignity and choice); Standard 2 (Ongoing assessment and planning); Standard 3 (Personal care and clinical care); Standard 4 (Services and supports for daily living); Standard 5 (Organisation's service environment); Standard 6 (Feedback and complaints); Standard 7 (Human resources); and Standard 8 (Organisational governance). A compliant service agreement supports the provider's obligations under each of these standards, particularly Standards 1, 2 and 4. Home Care Packages (HCP) are a key funding stream for aged care at home. They are allocated by the Australian Government to eligible individuals who have been assessed by a Regional Assessment Service (RAS) or an Aged Care Assessment Team (ACAT) as having care needs that cannot be met through the Commonwealth Home Support Programme (CHSP). HCPs are offered at four levels (Level 1 to Level 4), corresponding to basic, low, intermediate and high care needs. The funding is provided to the approved home care provider to deliver services according to the care recipient's individualised care plan. From 1 July 2025, the Support at Home Programme is replacing both the HCP and CHSP programmes, but the underlying requirement for a written service agreement remains. The Charter of Aged Care Rights is a key document that forms part of every service agreement. The Charter, introduced in 2019, consolidates the rights of all people receiving Commonwealth-funded aged care into a single document. Care recipients are entitled to: safe and high quality care and services; be treated with dignity and respect; have their identity, culture and diversity valued; live without abuse and neglect; be informed about their care and services; be involved in decisions about their care; have their independence promoted; be listened to; have their personal information protected; and make complaints without fear of reprisal. Providers are legally required to give each care recipient a copy of the Charter and to support them in exercising their Charter rights. Fees for aged care services are regulated. The basic daily fee is set by the Australian Government and is currently equal to 17.5% of the single basic age pension rate, indexed on 20 March and 20 September each year. The income-tested care fee for home care is determined by Services Australia based on the care recipient's income assessment. The total fees a care recipient pays cannot exceed an annual cap and a lifetime cap set by the Australian Government. The care recipient's representative or nominee plays an important role where the care recipient has limited capacity to engage directly with the provider. An enduring power of attorney (EPOA) with financial decision-making authority, a guardianship order, an administrative order, or an NDIA-appointed nominee may each authorise a representative to act on behalf of the care recipient. The service agreement should identify the representative and the basis of their authority. The complaints process is a critical element of every aged care service agreement. The Aged Care Quality and Safety Commission operates the national complaints scheme for Commonwealth-funded aged care. Care recipients, their families and representatives can make complaints directly to the Commission, which has powers to investigate, conciliate and resolve complaints. The Commissioner can also take regulatory action against providers who fail to meet their obligations under the Aged Care Act 1997 (Cth) or the Aged Care Quality Standards.

An Australian Non-Solicitation Agreement is a post-employment restraint contract that prevents a departing employee or contractor from actively approaching the employer's existing clients, customers, or other employees for a defined period after the employment relationship ends. Unlike a non-compete agreement, a non-solicitation agreement does not prevent the employee from working in the same industry or for a competitor — it simply prohibits targeted solicitation of specific people with whom the employee had an established relationship. Non-solicitation agreements are governed in Australia by the common law restraint of trade doctrine. The same reasonableness test that applies to non-compete clauses also applies to non-solicitation clauses, though courts tend to be more willing to enforce non-solicitation provisions because they are less restrictive of the employee's freedom to earn a livelihood. The employee remains free to work in the same industry and to accept clients who approach them unsolicited — they are merely prevented from actively pursuing the employer's existing relationships. In New South Wales, the Restraints of Trade Act 1976 (NSW) s 4 also applies to non-solicitation clauses. If a non-solicitation period is found to be longer than reasonably necessary, an NSW court may read it down to an enforceable period rather than striking out the entire clause. Employers in NSW benefit from this more flexible approach. There are two main categories of restriction in a non-solicitation agreement. A client or customer non-solicitation clause prevents the employee from approaching clients or customers of the employer, typically limited to those with whom the employee had material contact during a defined period (such as the last two years of employment). A staff non-solicitation (or non-poaching) clause prevents the employee from recruiting or inducing the employer's staff to leave. Both types of restriction must be reasonable in duration and scope to be enforceable. Australian courts assess enforceability by reference to the nature and extent of the client relationships developed during employment, the seniority of the employee, the degree of commercial sensitivity of the client relationships, and the legitimate business interest being protected. Where an employee had minimal client contact, a broad client non-solicitation clause is at greater risk of being struck down. A key practical difference between client non-solicitation and client non-dealing clauses should be noted. A pure non-solicitation clause only prevents the employee from actively approaching clients — it does not prevent the employee from accepting a client who contacts them of their own accord. A non-dealing clause goes further and prevents any business dealings with the employer's clients, regardless of who initiates contact. Non-dealing clauses are treated more like non-compete clauses and are subject to closer scrutiny by courts. To maximise enforceability, non-solicitation agreements should: identify the protected class of clients or employees with sufficient precision; specify a reasonable duration (commonly six to twelve months for most employees); be supported by adequate consideration (the role itself if agreed at commencement, or additional consideration if imposed mid-employment); and be drafted in connection with, and proportionate to, the employee's actual role and level of client contact. This Non-Solicitation Agreement is suitable for a wide range of roles in Australian businesses, including sales professionals, financial advisers, consultants, lawyers, accountants, recruiters, and any other employee who develops ongoing client relationships on behalf of the employer. It complements, and should be read alongside, any confidentiality obligations in the employment contract. Employers are encouraged to seek advice from a qualified Australian solicitor before relying on this agreement in legal proceedings.

Create a professional Consultancy Agreement for Australia. Covers scope of services, fixed or hourly fees, GST, expense reimbursement, IP ownership, confidentiality, liability cap, professional indemnity insurance, and Australian Consumer Law compliance. Suitable for all states and territories.

Create a legally compliant Subcontractor Agreement for the Australian building and construction industry. Covers Security of Payment Act rights, payment claims, adjudication, retention, defects liability, variations, WHS obligations, public liability and workers' compensation insurance. Suitable for all states and territories.