the Provider with the provisions of this clause 49 does not limit its liability under any other provision of this Agreement. Subcontractors The Provider must ensure that all Subcontractors retained by it to perform work in connection with this Agreement are covered by insurance of the types specified in this clause 49, as is appropriate given the nature of the work to be performed by each such Subcontractor. Liability The Parties agree that, to the extent permitted by law: the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities are sought to be enforced as a breach of contract, a claim in tort or otherwise; and in accordance with clause 74 [Applicable law and jurisdiction], this clause 50.1 applies to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities arise in the State of New South Wales or elsewhere in Australia. Special rules about trustees Trustee’s warranties If the Provider acts as trustee for a trust (the 'Trust') in relation to this Agreement, the Provider warrants to the Department that: the Provider is the only trustee of the Trust; the Provider has not been removed from, or ceased to act, or resigned or retired from the office of trustee of the nor has any decision or action been taken or proposed in respect of the removal, resignation or retirement of the Provider as trustee of the Trust, or to appoint an additional trustee of the Trust; the Provider is not in default the Trust deed; the Provider has power under the Trust deed to enter into and observe the Provider's obligations under this Agreement; the Provider has entered in this Agreement in its capacity as trustee of the Trust and for the benefit of the beneficiaries of the Trust; the Provider has a right, and will at all times have a right, to be fully indemnified out of the assets of the Trust in respect of the obligations incurred by it under this Agreement; the assets of the Trust are sufficient to satisfy that right of indemnity and all other obligations in respect of which the Provider has a right to be indemnified out of the trust fund; and to the extent that the assets of the Trust are insufficient to satisfy any right of indemnity, the Provider holds professional indemnity insurance as required by clause 49 of this Agreement. Trial,
involves inappropriately: paying a Wage Subsidy; or applying for an amount under the Employment Assistance Fund; or misuses or misappropriates: a Wage Subsidy; or an Approved Assistance Amount under the Employment Assistance Fund; and the practices described in clause 101.12(a) may result in the Department taking action under clause 59 [Remedies for breach]. The Provider must do all things necessary to ensure that: all payments to third parties with monies: paid for a Wage Subsidy; or approved for expenditure under the Employment Assistance Fund, are authorised and made in accordance with this Agreement and any Guidelines, including the Employment Assistance Fund Guidelines; and it maintains proper and diligent control over the incurring of all liabilities. Restart Program The Provider must promote, deal with enquiries, manage and report on the Restart Program, in accordance with any Guidelines. Subject to any contrary provision specified in any Guidelines, the Provider must only pay a Restart Payment to a Restart Employer with respect to a Restart Participant if the Provider has, for each restart Period, first: confirmed that: the Participant is a Restart Participant; and the relevant Employment position is a Restart Placement; entered into a Restart Agreement with the relevant Restart Employer; received from the relevant Restart Employer, Documentary Evidence of the Restart Participant’s Employment for each Relevant Period; and confirmed that the Restart Employer is compliant with the Restart Agreement, and done so in accordance with any Guidelines. Subject to any contrary provision specified in any Guidelines, the Provider must ensure that each Restart Payment is: paid in full from the Provider’s own funds; paid to the relevant Restart Employer only once for each Restart Participant; paid for the relevant Restart Period and in the instalment amount as specified in any Guidelines; and
Work Based Personal Assistance Fees for Disability Employment Services – Employment Support Service Providers Subject to this Agreement, including clauses 150.2 to 150.7, and in accordance with any Guidelines, the Department will pay the Disability Employment Services – Employment Support Service Provider a Work Based Personal Assistance Fee in relation to a Disability Employment Services – Employment Support Service Participant, monthly in arrears, at a standard hourly rate in the amount specified in Annexure B for Work Based Personal Assistance: provided directly by the Disability Employment Services – Employment Support Service Provider; or purchased by the Disability Employment Services – Employment Support Service Provider, as applicable to the Disability Employment Services – Employment Support Service Participant. Work Personal Assistance Fees are payable from: the date of Commencement of the Disability Employment Services – Employment Support Service Participant, if the Participant is already in Employment, Unsubsidised Self-Employment, an Apprenticeship or Traineeship; or the date on which a Disability Employment Services – Employment Support Service Participant starts Employment, Unsubsidised Self-Employment, an Apprenticeship or Traineeship, and will continue to be payable the relevant Participant is in Employment, Unsubsidised Self-Employment, an Apprenticeship or Traineeship in accordance with any Guidelines, and is receiving Work Based Personal Assistance in the workplace. The Disability Employment Services – Employment Support Service Provider is entitled to a Work Based Personal Assistance Fee for personal assistance purchased for, or provided to, a Disability Employment Services – Employment Support Service Participant, if the Disability Employment Services – Employment Support Service Provider: provides or purchases Work Based Personal Assistance in accordance with any Guidelines; and completes a Work Based Personal Assistance requirements form, or the form specified by the Department from time to time. The Disability Employment Services – Employment Support Service Provider may only claim a Work Based Personal Assistance Fee for Work Based Personal Assistance actually provided or purchased by the Disability Employment Services – Employment Support Service Provider for a Disability Employment Services – Employment Support Service Participant for a maximum of 10 hours per week per Disability Employment Services – Employment Support Service Participant.
The Provider must end each RATTUAJ Agreement in the circumstances and in the manner specified in any Guidelines. The Provider must ensure that each RATTUAJ Payment is paid in full from the Provider’s own funds, and otherwise paid in accordance with the requirements specified in any Guidelines. Reimbursement Once the Provider has properly paid a RATTUAJ Payment in accordance with this clause 161, the Provider: may submit a for Reimbursement through the Department’s IT Systems for no more than the same amount as that RATTUAJ Payment; and must submit any such claim for Reimbursement in accordance with the requirements specified in any Guidelines. The Department will Reimburse the Provider for each RATTUAJ Payment that is made in accordance with this Agreement and properly claimed by the Provider under clause 161.5. Transferred RATTUAJ Participants If the Department directs the Provider to provide Services to a Transferred RATTUAJ Participant, the Provider must do so, as if the person is an eligible Participant and as appropriate to their needs, notwithstanding that the Transferred RATTUAJ Participant has been Exited as a result of their RATTUAJ Placement. The Provider must, in relation to a RATTUAJ Participant referred to in clause 161.7: immediately contact the Transferred RATTUAJ Participant and use the Provider’s best endeavours to enter into a RATTUAJ Agreement with the Transferred RATTUAJ Participant for a period as advised by the Department; and comply with this clause 161 and any direction by the Department in relation to the Transferred RATTUAJ Participant. ANNEXURE A DEFINITIONS '13-week Education Outcome' means: a Full Outcome for a 13-week Period as specified in paragraphs (c)(i), (e) and (g) of the definition of Full Outcome; or a Pathway Outcome for a 13-week Period as specified in paragraph (b) of the definition of Pathway Outcome. '13-week Employment Outcome' a Full Outcome for a 13-week Period as specified in paragraphs (a), (b), (c)(ii), (f) and (h) of the definition of Full Outcome; or
1st & 2nd Quarterly Service Fees $1,256 $1,256 $1,256 $1,256 $1,256 $728 $728 $728 $1,528 $1,528 3rd, 4th, 5th, 6th, 7th & 8th Quarterly Service Fee $628 $628 $628 $628 $628 $728 $728 $728 $1,528 $1,528 OUTCOME FEES (4 WEEKS) Full Outcome – 4 Weeks $724 $952 $1,153 $1,371 $1,791 $774 $1,074 $1,310 $1,555 $2,087 Moderate Intellectual Disability Payment – 4 Weeks N/A N/A N/A N/A N/A $2,321 $2,321 $2,321 $2,321 $2,321 OUTCOME FEES (13 WEEKS) Full Outcome – 13 Weeks $ 1,153 $1,998 $2,929 $4,144 $7,069 $1,371 $2,635 $3,924 $5,535 $9,966 Full Outcome (Education) – 13 Weeks $ 1,153 $1,998 $2,929 $4,144 $4,144 $1,371 $2,635 $3,924 $5,535 $5,535 Pathway Outcome – 13 $381 $659 $967 $1,367 $2,333 $452 $869 $1,295 $1,827 $3,289 Pathway Outcome (Education) – 13 Weeks $381 $659 $967 $1,367 $1,367 $452 $869 $1,295 $1,827 $1,827 Moderate Intellectual Disability Payment – 13 N/A N/A N/A N/A N/A $7,284 $7,284 $7,284 $7,284 $7,284 OUTCOME FEES (26 WEEKS)
OUTCOME FEES Table 3 Outcome Fees – Disability Employment Services – Employment Support Service (1) Period (2) Full Outcome Fee amount (3) Moderate Intellectual Disability Loading (4) Full Outcome Bonus Fee amount (20% bonus) (5) Pathway Outcome Fee amount Pathway Outcome Bonus Fee amount (20% bonus) 13 Week Period $2,860 $2516.80 $572 $945 $189 26 Week Period $4,400 $3872 $880 $1,450 $290 Disability Employment Services – Employment Support Service - Funding Level 1 Table 3A Outcome Fees – Disability Employment Services – Employment Support Service (1) Period (2) Full Outcome Fee amount (3) Moderate Intellectual Disability Loading (4) Full Outcome Fee amount (20% bonus) (5) Pathway Outcome Fee amount Pathway Outcome Bonus Fee amount (20% bonus) 13 Week Period $5,500 $4840 $1,100 $1,815 $363 26 Week Period $7,700 $6776 $1,540 $2,540 $508 Disability Employment Services – Employment Support Service - Funding Level 2 Table 4 RESERVED ONGOING SUPPORT FEES Table 5 Flexible Ongoing Support Fees – Disability Employment Services – Employment Support Service (1) Fee type (2) Fee amount Flexible Ongoing Support Fee $440 per Instance of Flexible Ongoing Support Table 5A Moderate Ongoing Support Fees – Disability Employment Services – Employment Support Service (1) Time period (2) Fee amount First and subsequent 13 weeks $1,320