Virtual Assistant Contract (Australia)
Remote Independent Contractor — Admin & Support Services
This Virtual Assistant Contract (the “Agreement”) is made on [Agreement Date] between:
[Client Name] (ABN [Client ABN], ACN [Client ACN]), of [Client Address], [Client City] [Client State] [Client Postcode] (the “Client”); and
[VA Name] (ABN [VA ABN]), of [VA Address], [VA City] [VA State] [VA Postcode] (the “Virtual Assistant” or “VA”).
The Client and the Virtual Assistant are referred to collectively as the “Parties”.
BACKGROUND
A. The Client wishes to engage the Virtual Assistant to provide remote administrative and support services on an independent contractor basis.
B. The Virtual Assistant carries on an independent business providing virtual assistance services and is willing to provide the Services on the terms of this Agreement.
C. The Parties confirm that this Agreement creates a genuine independent contractor relationship and is not intended to create an employment relationship. The Parties are aware of the sham contracting provisions in Part 3-1, Division 6 of the Fair Work Act 2009 (Cth) (s357–359). The maximum civil penalty for sham contracting is $469,500 for a body corporate (as at 27 February 2024).
1. NATURE OF RELATIONSHIP
1.1 The Virtual Assistant is engaged as an independent contractor and not as an employee, worker, agent, or partner of the Client. Nothing in this Agreement shall be construed as creating an employment relationship.
1.2 The Virtual Assistant is not entitled to any benefits or protections applicable to employees under the Fair Work Act 2009 (Cth), including annual leave, personal/carer’s leave, long service leave, parental leave, redundancy pay, or notice of termination under the National Employment Standards.
1.3 The Virtual Assistant represents and warrants that they hold a valid ABN ([VA ABN]) and operate as a genuine independent business. The Virtual Assistant controls their own work methods, tools, and hours, subject to the availability and response time commitments in clause 3.
1.4 The Virtual Assistant may provide services to other clients during the term of this Agreement, provided this does not cause a breach of confidentiality obligations or give rise to a material conflict of interest with the Client.
2. VIRTUAL ASSISTANT SERVICES
2.1 The Virtual Assistant agrees to provide the following remote administrative and support services to the Client (the “Services”):
[Services Description]
2.2 The maximum hours the Virtual Assistant will provide in any calendar month is [Max Hours Per Month]. Hours in excess of this cap must be authorised in advance by the Client in writing.
2.3 The Virtual Assistant shall perform the Services to a professional standard and in compliance with all applicable laws and the Client’s reasonable written policies and guidelines.
2.4 Any tasks outside the agreed scope of Services must be agreed in writing by both Parties before the Virtual Assistant commences such work.
3. AVAILABILITY AND RESPONSE TIMES
3.1 The Virtual Assistant will be available to perform the Services on [Availability Days].
3.2 The Virtual Assistant will acknowledge communications from the Client within [Response Time Hours] during their working days.
3.3 The Virtual Assistant will notify the Client as soon as reasonably practicable if they will be unavailable for an extended period (e.g. due to illness or leave), including an estimated return date.
4. TERM
4.1 This Agreement commences on [Start Date].
5. FEES AND PAYMENT
5.1 In consideration for the performance of the Services, the Client will pay the Virtual Assistant on a [Fee Structure] basis, at the rate of [Fee Amount].
5.2 Payment is due within [Payment Terms] of receipt of a valid tax invoice from the Virtual Assistant.
5.3 All fees are in Australian Dollars (AUD). The Virtual Assistant is solely responsible for all income tax, Medicare levy, and other government charges on amounts received.
5.4 The Client is not responsible for superannuation guarantee contributions unless required by law under the Superannuation Guarantee (Administration) Act 1992 (Cth).
5.5 If the Client fails to pay a valid invoice by the due date, the Virtual Assistant may suspend performance of the Services until the outstanding amount is paid in full, without being in breach of this Agreement.
6. SYSTEM ACCESS, TOOLS AND EQUIPMENT
6.1 The Client grants the Virtual Assistant access to the following systems and platforms for the purpose of performing the Services: [Systems Access].
6.2 Equipment and Tools: [Tools Provider].
6.3 The Virtual Assistant must use system access solely for the purpose of performing the Services and must not access, retrieve, copy, or transmit any Client data beyond what is necessary to perform the Services.
6.4 On termination or expiry of this Agreement, the Virtual Assistant must immediately cease using all Client systems and platforms. The Client will revoke all access credentials within 24 hours of termination.
7. DATA PRIVACY AND SECURITY
7.1 The Virtual Assistant acknowledges that in performing the Services they will have access to personal information and confidential data of the Client and the Client’s customers, employees, and suppliers.
7.2 Security Measures: [Data Security Measures]
7.3 The Virtual Assistant must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to all personal information handled in the course of providing the Services.
7.4 The Virtual Assistant must not download, copy, or store any Client data on personal devices or storage media outside of the agreed systems and platforms without the Client’s prior written consent.
7.5 In the event of a data breach or suspected data breach involving Client data, the Virtual Assistant must immediately (and in any event within 24 hours of becoming aware) notify the Client, providing details of the breach and the steps being taken to contain it.
7.6 On termination or expiry, the Virtual Assistant must promptly delete or return all Client data in their possession and confirm compliance in writing.
8. TERMINATION
8.1 Either party may terminate this Agreement by giving [Notice Days] calendar days’ written notice to the other party.
8.2 Either party may terminate this Agreement immediately by written notice if the other party: (a) commits a material breach that is incapable of remedy, or fails to remedy a material breach within 7 days of written notice; (b) becomes insolvent or bankrupt; or (c) in the case of the Virtual Assistant, ceases to hold a valid ABN.
8.3 On termination, the Virtual Assistant is entitled to fees for Services properly performed up to the date of termination. The Virtual Assistant must immediately cease using all Client systems and return or delete all Client data in accordance with clause 8.6.
9. DISPUTE RESOLUTION
9.1 The Parties agree to attempt to resolve any dispute by good faith negotiation within 14 days of written notice of the dispute.
9.2 If unresolved, either party may refer the dispute to mediation administered by an agreed mediator or the Australian Disputes Centre.
10. GENERAL PROVISIONS
10.1 Governing Law. This Agreement is governed by the laws of [Governing State], Australia. The Parties submit to the exclusive jurisdiction of the courts of [Governing State].
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations and understandings.
10.3 Amendments. No amendment is effective unless in writing and signed by both Parties.
10.4 Severability. If any provision is void or unenforceable, it may be severed without affecting the remaining provisions.
10.5 Assignment. The Virtual Assistant may not assign or subcontract this Agreement without the Client’s prior written consent.
EXECUTED as an Agreement on the date first written above.
CLIENT
[Client Name]
ABN: [Client ABN]
Address: [Client Address], [Client City] [Client State] [Client Postcode]
VIRTUAL ASSISTANT
[VA Name]
ABN: [VA ABN]
Address: [VA Address], [VA City] [VA State] [VA Postcode]
Client
________________
Signature
Date: ________________
Virtual Assistant
________________
Signature
Date: ________________
What Is a Virtual Assistant Contract (Australia)?
A Virtual Assistant Contract in Australia records the virtual assistant work to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Fair Work Act 2009 (Cth).
In Australia, virtual assistants operate as independent contractors under the general law and are not employees for the purposes of the Fair Work Act 2009 (Cth), provided the arrangement is genuinely a contractor relationship rather than a disguised employment arrangement. The Fair Work Act 2009 prohibits sham contracting under Part 3-1, Division 6 (ss357–359), with maximum civil penalties of $469,500 per contravention for a body corporate from 27 February 2024. A well-drafted Virtual Assistant Contract — one that genuinely reflects the independent nature of the arrangement — is the most important protection against a sham contracting finding.
Virtual Assistant Contracts have several distinctive features driven by the nature of remote, technology-enabled service delivery. Data privacy and security obligations are paramount: VAs typically have access to the client's email accounts, calendars, CRM systems, social media accounts, cloud storage, and financial records — all of which contain sensitive business and personal information protected under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. System access management — including what platforms the VA can access, under what credentials, and how access is revoked at the end of the engagement — is a critical component of the contract. Social media authority provisions define what the VA can and cannot do on behalf of the client, protecting the client from unauthorised or inappropriate communications.
The Australia Virtual Assistant Contract (Australia) Virtual Assistant Contract is suitable for VAs providing a wide range of remote support services, including inbox and calendar management, travel coordination, data entry, CRM management, social media scheduling, research, document preparation, customer service support, and general administrative assistance, across all Australian states and territories.
The legal framework governing the Virtual Assistant Contract (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Virtual Assistant Contract (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.
When Do You Need a Virtual Assistant Contract (Australia)?
You need a Virtual Assistant Contract whenever you engage a virtual assistant to provide remote administrative or support services on an ongoing or project basis. The contract is equally important for the client and the VA.
For the client, the contract documents the scope of VA services, the monthly hour cap or deliverables, the fee and payment terms, the data security requirements, the system access permissions, the social media authority, and the confidentiality obligations. Without a written contract, the client faces significant data security risks (the VA may retain access to systems and data after the engagement ends), confidentiality risks (the VA may disclose confidential business information to competitors), and scope creep (the VA may claim additional fees for tasks not agreed in advance). A written contract also documents the genuine contractor nature of the arrangement, reducing sham contracting risk.
For the VA, the contract protects their entitlement to the agreed fee, confirms their right to work for other clients, documents the scope of services so that out-of-scope tasks can be billed separately, and establishes clear notice and off-boarding procedures. Without a written contract, VAs frequently face late payment, expanding task lists without additional compensation, and disputes about what was included in the retainer.
Common situations requiring a Virtual Assistant Contract in Australia include: engaging a VA for inbox and calendar management; retaining a VA to manage social media scheduling and community management; engaging a VA for data entry, CRM updates, and database management; hiring a VA for research and report preparation; retaining an executive VA to support a senior manager or business owner with travel coordination, meeting preparation, and project administration; and engaging a VA for e-commerce order processing and customer service support.
The contract is particularly important when the VA will have access to the client's email accounts, cloud platforms, social media accounts, or financial records — any of which, if mismanaged, can cause serious business disruption or reputational harm.
What to Include in Your Virtual Assistant Contract (Australia)
A well-drafted Virtual Assistant Contract for Australia must address several key elements specific to the remote, technology-enabled nature of VA services and the Australian legal and regulatory environment.
Service scope and hour caps are fundamental. The contract should define precisely what tasks the VA will perform, what tools and platforms they will use, and the maximum number of hours per month included in the agreed fee. A monthly hour cap prevents the client from treating the VA as a full-time employee at a contractor rate, and gives the VA a basis for billing additional hours or tasks separately.
Data privacy and security obligations are the most distinctive and important element of a Virtual Assistant Contract. The VA has access to some of the most sensitive information held by the client — email, calendar, CRM, financial records, and social media accounts. The contract must specify: what systems and platforms the VA can access; what security measures the VA must maintain (passwords, multi-factor authentication, antivirus, VPN); how the VA must handle data breaches; and how system access is revoked and data is returned or deleted at the end of the engagement. These provisions should reflect the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
System access management is essential and often overlooked. The contract should list all platforms to which the VA is granted access, specify the credentials or access method for each platform, and provide a clear process for revoking access at the end of the engagement. Clients should change all passwords and revoke access immediately on termination.
Social media and communications authority provisions are important where the VA manages social media or communicates on the client's behalf. The contract should specify exactly what the VA can and cannot do on each platform, the process for approving content before publication, and what situations must be escalated to the client immediately.
Confidentiality obligations must be strong and survive the end of the engagement. The VA is likely to have access to the client's most sensitive business communications, client relationships, pricing information, and strategic plans — all of which must be protected from disclosure to third parties or competitors.
GST, ABN, and sham contracting provisions are mandatory for Australian VA contracts, as they are for all independent contractor arrangements.
Additional compliance elements for a Virtual Assistant Contract (Australia) used in Australia include: Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Virtual Assistant Contract (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/employment/contractor-agreements/virtual-assistant-contract-australia
"Virtual Assistant Contract (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/employment/contractor-agreements/virtual-assistant-contract-australia.
@misc{formslegal-virtual-assistant-contract-australia,
author = {{Forms Legal}},
title = {Virtual Assistant Contract (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/employment/contractor-agreements/virtual-assistant-contract-australia}},
note = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}Also available for these jurisdictions:
Frequently Asked Questions
Whether a virtual assistant (VA) is an employee or an independent contractor in Australia depends on the terms of the written agreement and the nature of the working relationship. Following the High Court decisions in CFMMEU v Personnel Contracting Pty Ltd (2022) 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254, the primary test focuses on the terms of the written contract. Key contractual indicators of independent contractor status include: the VA holding a valid ABN and invoicing for services; the VA controlling their own work methods, hours, and equipment; the VA being free to work for other clients; the engagement being for defined deliverables or a fixed retainer for a capped number of hours; and the VA bearing their own business costs. The Fair Work Ombudsman scrutinises arrangements where a VA works exclusively for one client, takes direction on how tasks are performed hour-by-hour, uses the client's equipment, and works during specific required hours — all of which are factors associated with employment. A well-drafted Virtual Assistant Contract that genuinely reflects an independent contractor relationship is the most important protection against a sham contracting finding.
Virtual assistants routinely handle personal information — including client contact details, employee information, email correspondence, calendar details, and financial records — that is protected under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). The Privacy Act applies to organisations with an annual turnover of more than $3 million, and to certain smaller businesses in regulated industries. For those covered by the Act, APPs require that personal information be collected only for a stated purpose, stored securely, not disclosed to third parties without consent, and handled in accordance with a published privacy policy. The Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act requires entities to notify affected individuals and the Office of the Australian Information Commissioner (OAIC) of eligible data breaches — those likely to cause serious harm. Even where the Privacy Act does not strictly apply (e.g. a small business engaging a VA), strong data security practices are essential because VAs typically have access to email accounts, cloud storage, CRM systems, and other platforms containing sensitive business and personal information. A VA Contract should specify required security measures, including multi-factor authentication, password management, and data breach notification obligations.
When a Virtual Assistant Contract ends, the client should immediately revoke the VA's access to all systems, platforms, and accounts. This includes email accounts (Google Workspace, Microsoft 365), CRM systems, social media accounts, cloud storage, project management tools, and any other platforms to which the VA had access. The client should change all shared passwords and revoke any authorised user access immediately on termination. A well-drafted VA Contract should require the VA to: (1) immediately cease using all Client systems on the date of termination; (2) delete or return all Client data in their possession within a specified period (e.g. 7 days); and (3) confirm compliance with these obligations in writing. The client should audit all systems to requires the VA's access has been successfully revoked and check for any unexpected downloads, data transfers, or changes made before termination. Under the Privacy Act 1988 (Cth), any personal information held by the VA must be returned, destroyed, or de-identified when it is no longer needed for the purpose for which it was collected. Failure to properly manage off-boarding of a VA with access to sensitive systems is a significant data security and business continuity risk.
Yes — a genuine independent contractor, including a virtual assistant, is free to provide services to multiple clients simultaneously. In fact, the right to work for multiple clients simultaneously is one of the key indicators of independent contractor status under the multi-factor test applied by Australian courts. A VA who works exclusively for a single client on a full-time basis, and who is economically dependent on that client, is more likely to be found to be an employee than a genuine independent contractor, regardless of the label applied by the parties. A Virtual Assistant Contract should expressly acknowledge the VA's right to provide services to other clients, subject to any confidentiality obligations and the requirement to avoid material conflicts of interest with the engaging client. The ability to provide services to other clients is also an important commercial protection for the VA — it means the VA is not economically dependent on a single client, which is an indicator of genuine business independence.
A virtual assistant can be given authority to manage social media accounts and communicate on a client's behalf, but this authority should be clearly defined and limited in a written contract. Without clear limits, a VA who posts inappropriate content, responds to complaints incorrectly, makes commitments on the client's behalf, or discloses confidential information through a client's social media account can cause significant reputational and legal harm. A well-drafted Virtual Assistant Contract should specify: (1) which platforms the VA has access to (e.g. LinkedIn, Instagram, Facebook, X/Twitter); (2) what types of content the VA can publish without prior approval (e.g. pre-approved scheduled posts); (3) what actions the VA must flag to the client before responding (e.g. negative comments, complaints, media inquiries, unusual direct messages); (4) what the VA cannot do without explicit client approval (e.g. making public statements about the client's business, products, or pricing); and (5) how the VA should handle urgent situations (e.g. a social media crisis) outside of agreed working hours. The VA should also be prohibited from using the client's social media accounts for any personal purpose or in connection with any other client.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
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.
Freelance Contract — Australia (Creative, Tech & Professional Services)
Create a professional Freelance Contract tailored to Australian law. Covers project scope, milestone-based payments, deposit, intellectual property assignment under the Copyright Act 1968 (Cth), revision policy, confidentiality, sham contracting compliance (Fair Work Act 2009 s357–359), GST, ABN, portfolio rights, and late payment interest. Suitable for graphic designers, web developers, copywriters, photographers, marketers, IT specialists, and all creative and professional freelancers across Australia.
Independent Contractor Agreement for Consulting Services (Australia)
Create a legally compliant Independent Contractor Agreement for Consulting Services tailored to Australian law. Covers sham contracting compliance under Fair Work Act 2009 (s357–359), ABN and GST requirements, intellectual property assignment, professional indemnity insurance, restraint of trade, and confidentiality. Suitable for management consultants, IT consultants, marketing advisors, financial advisors, engineering consultants, and other professional service providers. Complies with the High Court contractor test established in CFMMEU v Personnel Contracting Pty Ltd (2022) 275 CLR 165.
Non-Disclosure Agreement (NDA) (Australia)
Protect your confidential business information under Australian common law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted Australian NDA keeps your sensitive information under strict legal protection. Our template complies with Australian contract law principles and includes provisions addressing the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Service Agreement (Australia)
Create a comprehensive Australian Service Agreement compliant with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and the common law of contract. Covers scope of services, GST-inclusive or exclusive fees, payment terms, consumer guarantees, intellectual property ownership, confidentiality, Privacy Act 1988 obligations, limitation of liability, and termination rights. Suitable for consultants, freelancers, agencies, and businesses providing services to other businesses or consumers across all Australian states and territories.