STUDENT PLACEMENT AGREEMENT (SHORT FORM)
SCHEDULE 1: DETAILS
Details of Parties
(University)
Details of Parties
(Placement Provider)
Name of University (referred to in
this Agreement as we, us, our, ours,
etc):
ABN:
Western Sydney University
Address for Service of Notices:
Locked Bag 1797, Penrith NSW, 2751
Contract Liaison Name:
Huy Tran
Contract Liaison Email:
h.tran@westernsydney.edu.au
Contract Liaison Phone:
02 4620 3427
53 014 069 881
Name of Placement Provider
(referred to in this Agreement as
you, your, yours, etc):
ABN:
SM Training and consultancy pty ltd
93 619 090 916
Address for Service of Notices:
PO BOX 1211, Huntingdale, Vic 3166
Contract Liaison Name:
Sreehari
Contract Liaison Email:
info@infinitysafetytraining.com.au
Contract Liaison Phone:
0469 055 902
Term
Commencement date of Agreement:
10/02/2021
(Clause 3.1)
Expiry Date of Agreement:
5 years from commencement date
Special Conditions
Insert Special Conditions or
Excluded Disciplines (if any) or “Not
Applicable”:
[Note: Any special conditions should
not seek to alter the standard terms
and conditions without the prior
approval of WSU Office of General
Counsel.]
NIL
(Clause 1.2)
SIGNED for and behalf of Western Sydney University
by an Authorised Delegate*
SIGNED for and behalf of Placement Provider by an
Authorised Delegate*
Signature:
Signature:
Date of Execution:
Name:
09/12/2020
Michail Kagioglou
09/12/2020
Date of Execution:
Sreehari Motipalli
Name:
Dean, Engineering
Position:
Position:
Signature of Witness:
Name of Witness:
Construction
supervisor/Trainer
Signature of Witness:
Jodie Clark
Name of Witness:
* The signatories hereby personally warrant that they have express and sufficient authority to execute this Agreement on
behalf of the party on whose behalf they have signed
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STUDENT PLACEMENT AGREEMENT (SHORT FORM)
SCHEDULE 2: TERMS AND CONDITIONS
1
Status of these Terms and Conditions
1.1
These Terms and Conditions apply to all Placements
with you or whenever our Students have access to your
facilities for the purpose of undertaking Placements.
If Schedule 1 specifies any Special Conditions, then
those Special Conditions will also apply to any
Placement.
1.2
2
Placements generally
2.1
All arrangements associated with the allocation and
administration of Placements will be made and mutually
agreed between you and us, including the maximum
number of Students you allow us to place with you at any
time and the times and dates on which Placements will
be scheduled.
2.2
2.3
Students undertaking Placements will not be employed
by you for the purposes of this Agreement and will not
receive remuneration in respect of the work they
undertake while on Placement. However, this clause
does not prevent you from independently entering into
separate agreements of paid employment or
remuneration with Students for the provision of work or
services by them not associated with their Placement.
This Agreement applies to all Placements involving our
Students, except for Placements involving an Excluded
Discipline.
3
Term of Agreement
3.1
This Agreement begins on the Commencement Date and
ends on the Expiry Date unless terminated earlier in
accordance with clause 10.
4
4.1
4.2
We will for each Student on Placement:
give you information about their levels of knowledge and
skill, learning objectives and other relevant criteria,
requirements and information associated with the
Placements, as well as providing information about the
type of learning experiences required for them.
at all times remain responsible for their education and be
the authorising body in relation to Student assessment
and discipline.
use our best endeavours to ensure that Students and our
Staff comply with your Placement Requirements during
the Placement.
4.4
notify you of a Student’s illness or absence where this
has been anticipated and/or verified by us.
4.5
pay the salaries of our Staff facilitating Placements for
Students, where applicable.
4.6
not be obliged to pay you any fees or other amounts to
you in connection with this Agreement.
5
Your responsibilities
5.1
You will for each Student on Placement with you:
supervise them, unless otherwise agreed.
5.2
provide Placements in accordance with this Agreement
all applicable laws and Policies.
5.3
provide them with a meaningful and appropriate learning
experience in accordance with the agreed objectives of
the Placement.
liaise with our Staff for the purpose of assisting in the
evaluation of Students’ learning during their Placements.
5.5
5.6
5.9
5.10
5.11
5.12
At least 7 days before the commencement of any
Placement, provide us and Students with your Placement
Requirements.
at all times be responsible for those aspects of your
operations for which Students are not permitted or able
to perform without the relevant training;
5.7
not rely on our Staff or Students for your ordinary staffing
requirements of your operations.
5.8
immediately notify our Emergency Contact if there is any
within 48 hours of any notification of a near miss, injury,
accident or incident involving a Student or our Staff,
provide us with a written summary which includes a
detailed chronology, a description of events and the
proposed remedial action.
fully co-operate with us in connection with any
investigation we undertake following an injury, or nearmiss or other incidents (including any alleged
misconduct) involving a Student or our Staff during a
Placement.
notify us promptly if you reasonably consider it necessary
to suspend or cancel a Student’s Placement.
comply with any of our reasonable academic or
administrative requirements which may be agreed from
time to time.
6
Intellectual Property and Research
6.1
6.2
Nothing in this Agreement confers on either you or us
any rights (including ownership or exploitation) in relation
to the other party’s Intellectual Property Rights.
Unless otherwise agreed between you and the Student,
any Intellectual Property Rights created by a Student in
any Assessment Works during a Placement remains the
property of the Student in accordance with our
Intellectual Property Policy.
7
Insurance
7.1
We maintain insurance policies covering Student
Personal Accident, Public Liability, Professional
Indemnity and Medical Malpractice for each Student
that undertakes a Placement with you. Details of our
insurance policies are available on our website at
www.westernsydney.edu.au/finance_office/finance/uws
_insurances/student_insurances
7.2
Each of you and we must effect and maintain for the
duration of this Agreement all insurances required by
law, professional standards or reasonable industry
practice.
7.3
The parties must provide written evidence in the form of
a certificate of currency or similar documents that they
hold the required cover if requested by the other party to
do so.
8
Indemnity
8.1
Subject to clause 13.3, each party (Indemnifying Party)
agrees to indemnify the other party (Indemnified Party)
against any Loss suffered by the Indemnified Party
arising directly from a negligent or wilful act, or failure to
act, by the Indemnifying Party or by its employee, agent
or Student (where applicable) of the Indemnifying Party
during Placements, except to the extent that such Loss is
caused or contributed to by the negligent or wilful act or
failure to act by the Indemnified Party or its employee,
agent or Student (where applicable) in relation to the
Indemnified Party’s obligations under this Agreement.
8.2
Neither party shall be liable to the other for
Consequential Loss.
9
Confidential and Personal Information
9.1
For the purposes of this Agreement, Confidential
Information includes any Personal Information about any
Clients of yours.
Neither you nor we (“recipient”) may disclose any
Confidential Information of the other party (“owner”) to
any person, without the prior written consent of the
owner, except as is necessary for the performance of this
Agreement or required to obtain legal or financial advice.
Notwithstanding subclause 9.2, a recipient may release
Confidential Information to the extent necessary to
conform to all applicable laws and regulations.
Our responsibilities
4.3
5.4
type of incident (including any injury or near-miss)
involving a Student or our Staff.
9.2
9.3
9.4
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We will also use our reasonable endeavours to ensure
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that our Students and Staff comply with your Placement
Requirements with respect to Personal Information of
your Clients.
9.5
The obligations of confidentiality referred to in this clause
9 survive the termination or expiry of this Agreement.
10
Termination and expiry
10.1
Either you or we may decide, at any time before the end
of the Expiry Date, to terminate this Agreement by
notifying the other party 30 days in advance.
However, termination or expiry of this Agreement does
not affect any Placement already agreed between us that
is due to commence or be completed on or after the date
of termination or expiry. You and we agree to work in
good faith to minimise any disruption to Placements and
allow Students to complete them as agreed.
10.2
11
Dispute resolution
11.1
If there is a dispute between us, then we agree that we
must both first use our best endeavours to resolve the
dispute amicably by negotiation before commencing any
legal action (except interlocutory action).
12
Notices
12.1
Either you or we (“sender”) may give the other party
(“recipient”) a notice under or about this Agreement by
one of the following methods:
prepaid post to the recipient’s address specified
in the Schedule 1 or another address notified by
the recipient;
delivery to the recipient’s address specified in
Schedule 1 or another address notified by the
recipient; or
email to the email address of the recipient’s
Contract Liaison specified in Schedule 1 or as
notified by the recipient.
12.2
A notice is taken to be received as follows:
If sent by prepaid post, two business days after
posting;
If delivered the delivery date or, if outside a
business day, the next following business day;
If sent by email, when sent or, if sent outside a
business day, the next following business day and
provided the sender does not receive an automated
response that the email and any attachments have
not been delivered to the recipient’s email address.
13
Additional provisions relating to Clients
13.1
This clause 13 applies to all Placements unless the
Special Conditions expressly excludes this clause.
In addition to your obligations under clause 5, you will at
all times be responsible for:
the allocation of Clients for Placements;
13.2
responsible for checking the adequacy and
accuracy of Students’ records and entries in all
Client notes;
13.3
where available and practicable, provide students
with access to any amenities or resources that
would normally be available to your staff
The indemnity we, as Indemnifying Party, give to you
under clause 8 of this Agreement excludes any Loss
suffered by you and which arises from your failure to
observe your duty of care to Clients when Students are
on Placement and acting under your supervision.
14
Miscellaneous
14.1
This Agreement cannot be changed unless you and we
first agree to those changes in writing.
14.2
A non-exercise or delay in exercise of a right, power or
remedy by you or by us (as the case may be does not
prevent the subsequent exercise of that right, power or
remedy future. A right or an obligation under this
Agreement cannot be waived unless and until the party
granting the waiver first agrees in writing.
An indemnity or a warranty given under this Agreement
is an independent and continuing obligation of the party
giving it, survives termination or expiry of this Agreement,
and includes the reasonable legal costs of the party
entitled to the benefit of that indemnity or warranty.
14.3
14.4
14.5
14.6
14.7
This Agreement constitutes the entire Agreement
between the parties about the subject matter and
supersedes any previous agreements, discussions,
understandings or negotiations.
If all or any part of this Agreement is void, unenforceable
or illegal in a jurisdiction, it is severed for that jurisdiction,
the remainder of this Agreement has full force and effect,
and the validity or enforceability of that provision in any
other jurisdiction is not affected.
The laws in force in New South Wales, Australia govern
the terms of this Agreement. The parties submit to the
jurisdiction of the courts in that jurisdiction.
This Agreement may be signed in any number of
counterparts.
15
Definitions and interpretation
15.1
In this Agreement, the following words or terms have
these meanings when capitalised:
Assessment Works means works, such as thesis,
assignments or reports created by Students for the
purpose of their assessment or completion of their
course or program, and may include scholarly
books, articles, musical and dramatic works, or
other works;
obtaining any necessary consents of your Clients in
relation to Students on Placement;
the care, treatment and supervision of your Clients,
including any care provided by Students and our
Staff during the Placement. You may give
directions you believe reasonably appropriate and
necessary to the Students and our Staff to ensure
the proper care of your Clients, including directing
them to cease or suspend any activity that involves
care of a Client;
ensuring that you do not delegate care
responsibility or accountability to a Student or a
member of our Staff, without providing a suitably
qualified and responsible supervisor who is under
your employment;
providing Students and our Staff with access to
Clients and their clinical records and other
information that is reasonably appropriate and
necessary to enable Students to achieve their
Placement objectives. You will at all times be solely
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Client means a person who participates and/or
receives care or another service or support from
you, including patients, pupils, customers, families
of clients and informal carers of Clients;
Confidential Information means all information
treated by either party as confidential or disclosed
by one party (owner) to the other party (recipient)
in circumstances in which the recipient ought to be
aware that the information is confidential, including
any Personal Information that the owner holds or
which is commercial in confidence to the owner.
Confidential Information does not include
information that:
A.
B.
C.
is or later becomes public knowledge other
than because of any breach by the recipient,
its employees or subcontractors;
the recipient creates (alone or with another
person) independently of the owner;
the recipient is required to disclose to a third
person in order to comply with any law or
order of a court, or a tribunal or the lawful
requirements of a regulatory agency.
Consequential Loss means any Loss (including
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expenses) recoverable at law (other than a Loss
arising in the usual course of things) which is
consequential upon other Loss; a loss of
opportunity or goodwill; a loss of profits; a loss of
anticipated savings or business; loss of value of
any equipment; or a punitive or exemplary
assessment of Loss.
a reference to a clause, paragraph, Schedule or
Annexure is a reference to a clause or paragraph
of, or schedule or annexure to, this Agreement and
a reference to this Agreement includes these
Terms and Conditions and all schedules and
annexures;
a reference to a person includes a firm, body
corporate, unincorporated association or authority;
that person’s executors, administrators,
successors, substitutes and assigns; and, where
relevant, that party’s directors, officers, employees,
agents and contractors or subcontractors;
Date of this Agreement is the later of the two
execution dates by the authorised delegate of each
party.
Excluded Discipline means any discipline, field,
program or course of study of ours specified as an
excluded discipline in the Special Conditions.
Intellectual Property Rights means all intellectual
property rights including, without limitation, patents,
copyright, rights in circuit layouts, plant breeder’s
rights, registered designs, trademarks and the right
to have confidential information kept confidential
and any application or right to apply for registration
of any of those rights;
Loss means any loss, liability, damage, fine, cost,
expense or amount (including reasonable legal fees
and expenses on a solicitor and client basis);
Personal Information means personal information
as defined in the Privacy and Personal Information
Protection Act 1998 (NSW) and the Privacy Act
1988 (Cth) and includes health information as
defined in the Health Records and Information
Privacy Act 2002 (NSW);
15.3
a reference to a law includes any amendment to or
replacement of that law, and includes any
delegated legislation (such as regulations, bylaws
or rules) or codes, guidelines or standards made
under any law;
an agreement, representation, warranty,
undertaking, covenant or indemnity given by or in
favour of two or more persons binds them and is
given or is for their benefit jointly and severally;
anything after the words, “includes”, “including”, “for
example” or other similar expressions does not limit
what else is included;
If there is any inconsistency between a Special Condition
and any other provision of this Agreement (including a
Schedule or these Terms and Conditions), then the
provisions of the Special Condition will prevail to the
extent of any inconsistency.
Placement means a unit, unit component or other
activity, required as part of a unit or program of
study (including elective unit), that gives students
unpaid practical experience (in accordance with the
Fair Work Act 2009) in the application of theoretical
concepts and knowledge in a work environment
and may include clinical practice, practicum,
internship, professional placement, industrial
experience, work experience or professional
practice.
Placement Requirements means any information
you give to us in advance of a Placement about
your operations or facilities and your expectations
concerning the Placement including your
requirements with respect to:
A.
acceptance criteria for Students;
B.
C.
D.
E.
F.
vaccinations and other pre-screening
requirements such as police checks and/or
working with children checks;
your policies, standards, codes of conduct,
regulations and procedures;
your operating manuals, orientations and
inductions;
your dress codes, grooming and identification
requirements;
your specific traditions (e.g. ethical, religious
and cultural); and
Policies means our rules, policies, procedures and
guidelines available on our website at
www.westernsydney.edu.au/policy/policy_dds
Special Condition (if any) means listed in the
Special Conditions section on Schedule 1 (Details).
Student means a student enrolled in a program or
course of study at the University
15.2
Emergency Contact means the designated
Western Sydney University School staff members
responsible for the Placement.
In this Agreement, unless the contrary intention appears:
the singular includes the plural and vice versa;
other grammatical forms of defined words and
expressions have corresponding meanings;
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