The purpose of this information sheet is to address the issues raised by service providers in themes, and present the Commission’s position with case examples where subcontracting is permissible. Issue raised Commission position Engaging other organisations A request to subcontract is not required for the following examples 1 Use of employment agencies to engage relief staff Employment of relief staff from an employment or labour hire company is acceptable. As for any employee, relief staff are required to adhere to the policies and procedures of the service provider, thereby reducing risk. 2 Employing mainstream agencies such as lawn mowing and house cleaning to support individuals in their home. Employing lawn mowing/house cleaning services is acceptable. This is not a direct client service identified in service agreements. However, it is a position of trust, which may raise risk issues, which the service providers need to manage. 3 Engaging a mainstream agency such as a driving school to provide a direct service to an individual, i.e. driving skills. This is acceptable if the support person from the service provider is present. The service provider is engaging specialist skills to assist in delivering the strategy under the service agreement. The service provider should ensure the driving school is accredited and compliant with relevant state legislation. 4 A service provider engages a childcare agency to establish a crèche to care for children with disability so parents can attend a training course as identified in the Service Agreement. Acceptable. The service provider is engaging specialist skills to support the delivery of strategies under the service agreement. The service provider should ensure it abides by the state legislation in relation to crèche services (e.g., parents are adjacent). Engaging other service providers 1 The service provider engages another organisation not on the panel contract to deliver strategies, for example, accommodation services under the Service Agreement. Not acceptable. The direct service strategy/strategies for the individual are to be totally delivered by the third party. 2 Service provider pays another service provider on the contract Acceptable in the short term, but must submit Request to subcontract form. Both service providers are on the panel
to deliver a strategy, which it finds in the short term it cannot deliver. contract working cooperatively to resolve a short-term capacity problem. If the working arrangement goes beyond three months a new order form i.e. Individual Commission Funding and Service Section is required so individualised funds can be sent to the correct entity. 3 Engaging sole business traders: Example 1: Where a client has requested from a service provider a particular staff member. The staff member wants to operate as a sole trader. The service provider undertakes all the insurances and police clearances and provides supervision. Not acceptable. The service provider is engaging a third party to directly deliver services identified in the Service Agreement. Example 2: Where the service provider seeks additional consultancy expertise in order to provide a holistic service to the individual. Acceptable but must submit Request to subcontract form. The service provider is engaging specialist skills in order to deliver a strategy under the service agreement. The sole trader should be a member of professional organisation such as the Australian Health Practitioner Regulation Agency or another similarly accredited organisation. Disability Professional Service providers Service providers have subcontracting arrangements, partnership and consortium arrangements in to provide holistic services to individuals. Acceptable, but must submit Request to subcontract form. The Commission is supportive of professional arrangements and has forwarded its position under separate advice to service providers who operate under the panel contract for therapy services. In all other cases and where indicated above, a formal request must be submitted to the Commission before a service provider can subcontract any aspect of direct service delivery to another organisation or person. Please complete the Request to subcontract form template below and provide a signed copy to your Service Contract and Development Officer. You will be advised in writing if consent is given or not given to subcontract and any conditions associated. Should you have further enquiries about subcontracting, please email Thank you