(1) This Procedure is effective from 4 July 2023. (2) This Procedure documents certain requirements that apply specifically to contracts for the supply of services to the University. The requirements set out in this Procedure are in addition to those contained in the Contracts procedure which apply to all University contracts. (3) 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 Office of General Counsel. (4) This Procedure is pursuant to the Contracts policy. (5) A company or an individual may be engaged as a contractor by the University on the following conditions: (6) Overseas suppliers not carrying on an enterprise in Australia must provide the Taxation and Treasury Manager with a completed Australian Taxation Office 'Statement by a Supplier' confirming that they are not entitled to an ABN. (7) Any Deakin staff member or student who is or proposes to engage in any activity or partnership with a foreign government, foreign university, foreign business or any other foreign organisation or entity as part of their University business must undertake an evaluation of the risk of foreign interference, foreign influence and/or statutory reporting or regulatory obligations that is posed by the proposed activity or partnership. For further information see the International Relations Regulation policy, the Deakin University Foreign Interference page or contact the Office of General Counsel as to how the University assesses and manages the risks associated with its foreign interactions. (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 Contract Manager 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 Contract Manager must retain the Contractor Checklist and Certification for Individuals but is not required to send it to the Taxation and Treasury Manager for a determination: (10) In all other cases, the Contract Manager must submit, where required, the completed Checklist to the Taxation and Treasury 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 Contract Manager using the Contractor Checklist and Certification for Individuals : (13) The Taxation and Treasury Manager, or nominee will advise the Contract Manager of the outcome of final determinations, within 2 working days of receipt and will retain a copy of all contractor determinations and correspondence. (14) Where it is determined that an individual may be engaged as a contractor, rather than an employee, Parts D and E of this Procedure will apply. (15) Where it is determined that an individual should be engaged as an employee, the Taxation and Treasury Manager will refer the matter to the hiring manager for them to discuss with their Senior People and Culture Partner. (16) When a Faculty or other organisational unit proposes to engage a contractor to supply services and the contractor is a company, the Contract Manager is responsible for determining whether the engagement of that company would fall within the scope of arrangements considered permissible by the University. (17) The following arrangements with companies are prohibited by the University: (18) When determining whether an arrangement with a company is permissible in accordance with Clause 16, the Contract Manager 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. (19) Where it is determined that a company may be engaged as a contractor, Part E of this Procedure will apply. (20) The Contract Manager must assess whether an individual contractor is subject to the Superannuation Guarantee charge by completion of the Contractor Checklist and Certification for Individuals. If Superannuation Guarantee payments apply, the Contract Manager must advise HR Central and is responsible for ensuring compliance with the University’s legislative requirements. (21) Contractor Managers must maintain records in accordance with the University's Information and Records Management policy and Procedure. Contract Managers must keep written records supporting any determinations that they make under this Procedure. Determinations made by the Taxation and Treasury Manager under Part B of this Procedure must be entered into the Deakin Contracts Records System. (22) To facilitate payment of a contractor, Contract Managers must submit the contractor's invoice to Deakin Finance, quoting the approval number generated when the written contract was entered into the Deakin Contracts Records System in accordance with Clause 18 of the Contracts procedure. (23) 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 - Superannuation guarantee determination for individual contractors
Part E - Recording contractor details and payment of contractors
Section 6 - Definitions
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