(1) This Procedure is effective from 5 November 2019. (2) This Procedure includes the following schedule: (3) This Procedure documents the requirements that apply to contracts for the supply of services to the University. (4) This Procedure applies to all contracts for the supply of services to the University except contracts that also include the supply of goods where the value of the goods is greater than 80% of the total value of the contract. This Procedure does not apply to the engagement of external legal advisers, which is dealt with by DeakinLegal. (5) This Procedure is pursuant to the Contracts policy. (6) A company or an individual may be engaged as a contractor by the University on the following conditions: (7) Overseas suppliers not carrying on an enterprise in Australia must provide the University with a completed Australian Taxation Office 'Statement by a Supplier' confirming that they are not entitled to an ABN. (8) When a Faculty or other organisational unit of the University proposes to engage an individual to supply services, it must be determined whether that individual is to be engaged as either: (9) The Contractor Officer must make an initial assessment as to whether an individual should be engaged as a contractor or an employee by completing the Contractor Checklist and Certification for Individuals. Individuals may be engaged as contractors in the circumstances set out below. In these circumstances the Contractor Officer must retain the Contractor Checklist and Certification for Individuals but is not required to send it to the Taxation Manager for a determination: (10) In all other cases, the Contractor Officer must make an initial assessment as to whether an individual should be engaged as a contractor or an employee by completing the Contractor Checklist and Certification for Individuals and submit the completed Checklist to the Taxation Manager for final determination. (11) Generally, individuals who are engaged to provide core services of the University must be engaged as employees rather than contractors. Notable exceptions to this rule are specified in Clause 9. The Contractor Checklist and Certification for Individuals includes guidance about what is considered 'core services of the University'. (12) The following types of individuals who provide core services may be engaged as contractors on the basis of an assessment by the Contractor Officer using the Contractor Checklist and Certification for Individuals : (13) Where the Contractor Officer makes an initial assessment that the individual may be engaged as a contractor, the Contractor Officer must forward the completed Contractor Checklist and Certification for Individuals to the Taxation Manager for a final determination, unless Clause 9 applies. (14) Where Clause 9 applies, the Contractor Officer must complete and retain the Contractor Checklist and Certification for Individuals however they are not required to send the Contractor Checklist and Certification for Individuals to the Taxation Manager for a final determination. (15) The Taxation Manager, or nominee will advise Contractor Officer of the outcome of final determinations, within 2 working days of receipt and will retain a copy of all contractor determinations and correspondence. (16) Where it is determined that an individual may be engaged as a contractor, rather than an employee, Parts D, E and F of this procedure will apply. (17) Where it is determined that an individual should be engaged as an employee, the Contractor Officer will refer the matter to HRD for advice about the recruitment process. (18) When a Faculty or other organisational unit proposes to engage a contractor to supply services and the contractor is a company, the Contractor Officer is responsible for determining whether the engagement of that company would fall within the scope of arrangements considered permissible by the University. (19) The following arrangements with companies are prohibited by the University: (20) When determining whether an arrangement with a company is permissible in accordance with Clause 18, the Contractor Officer must base their determination on documentation verifying the nature of the company. Such documentation may be a business CV or information from a company's website. (21) Where it is determined that a company may be engaged as a contractor, Parts D and F of this procedure will apply. (22) The engagement of contractors may be effected by purchase order without the need for a written agreement where the Contractor Officer is satisfied that the contractor meets the requirements of Part A of this procedure and each of the following apply: (23) In all other circumstances, the engagement of contractors to supply services to the University must be recorded in a written and executed agreement. (24) Contractor Officers should use the standard agreements available on DeakinLegal's webpage. DeakinLegal's Agreement Instruction Guide sets out the circumstances in which these standard agreements may be used. The standard agreements available from DeakinLegal are effectively pre-approved by DeakinLegal. Where these are used without any amendments no further approval is required from DeakinLegal. (25) If amendments are required to the terms and conditions of a standard agreement, DeakinLegal must be instructed to draft the amendments, or, if the amendments were requested by the contractor, to review the amendments. (26) If the contractor is not willing to use the University's form of agreement and has supplied their own, the Contractor Officer must refer the agreement to DeakinLegal for review. (27) Where a contractual agreement has been submitted to DeakinLegal and further negotiation of the terms of the contract occurs, the Contractor Officer must ensure that the final version agreed between the University and the contractor has been approved by DeakinLegal. (28) When the final form of the contract has been agreed, the Contractor Officer is responsible for ensuring that the contract is approved and signed in accordance with the Contracts policy. (29) The Contractor Officer must assess whether an individual contractor is subject to the Superannuation Guarantee (SG) charge in accordance with the Schedule A: Superannuation Guarantee for Individuals Guidelines. If SG payments apply, the Contractor Officer must administer those payments in accordance with the provisions of Schedule A: Superannuation Guarantee for Individuals Guidelines. (30) Contractor Officers must maintain records in accordance with the University's Information and Records Management policy and Procedure. Contractor Officers must keep written records supporting any determinations that they make. The following must be entered into the Deakin Contracts Records System (DCRS) (authorised staff only): (31) To facilitate payment of a contractor, Contractor Officers must submit the contractor's invoice to Deakin Finance, quoting the approval number generated by the DCRS. (32) For the purpose of this Procedure:Contractors and Consultants procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Part A - General requirements
Part B - Engaging individuals as contractors
Part C - Engaging companies as contractors
Part D - Engaging a contractor
Part E - Superannuation guarantee determination for individual contractors
Part F - Recording contractor details and payment of contractors
Section 6 - Definitions
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