ARTISTS IN SCHOOLS PROGRAM Letter of Agreement between the Crown in Right of Tasmania represented by [fill in name of Principal and school] and [fill in name of the Artist] The Department of Education (DoE) provides funding to schools to assist with the engagement of professional artists to work with students from Kinder to Grade 12 on school based projects through the Artists in Schools Program. The maximum funding available per project is $5000 per school. However, consideration for proportionally higher amounts of funding will be given to collaborative projects between schools. The relationship between DoE and the Artist is regulated by this Letter of Agreement. Good Character check A good character clearance is required prior to the Artist commencing work on the project in schools. If the clearance is revoked at any time during the Artist’s engagement with the school, this agreement will be terminated and the Artist will not be able to participate in any further Artists in Schools programs until such time as the clearance is reinstated. Workers Compensation DoE does not deem the Artist an “employee” for the purposes of the Tasmanian Workers Compensation/legal liability law. Insurance and Indemnity The Artist is not insured by DoE for professional indemnity and must take his or her own policy of insurance should he or she wish to be insured for any such claims. Where the Artist believes or has reason to believe that they may become the subject of any legal action which relates to an activity covered by this Agreement, they must: (a) immediately notify DoE of the potential action; and (b) not admit any liability to any third party without first consulting DoE and its insurers. The Artist is responsible for his/her own workers compensation insurances as required under applicable state law. The Artist may be required to provide proof of their current insurance policy to DoE prior to commencing the Program. 1 Artists Obligations The Artist will comply with the provisions of the Code of Conduct established by virtue of Section 9 of the State Service Act 2000 (annexed and marked with the letter A) at all times whilst [he/she] is participating in the Artists in Schools Program. In the event the Artist fails to comply with this Code, the Artist will immediately cease participating in the program and such action as deemed appropriate by DoE will be taken. This may include termination of the Artist’s ability to participate in this or in future programs. Intellectual Property DoE owns all equitable and proprietary rights, title and interest in intellectual property, including the moral rights, to all works generated during the course of the Program. SIGNED for and on behalf of DoE by its authorised representative in the presence of: ……………………………………. Signature of witness ……………………………………... Signature of authorised representative ……………………………………… Name of Witness …………………………………… Name of authorised representative …………………………………… Office Held SIGNED by the Artist in the presence of: ……………………………………. Signature of witness ……………………………………... Signature of Artist ……………………………………… Name of Witness …………………………………… Name of Artist ……………………………………………… Date of Agreement 2 A Code of Conduct (December 2003) An employee must behave honestly and with integrity in the course of State Service employment. An employee must act with care and diligence in the course of State Service employment. An employee, when acting in the course of State Service employment, must treat everyone with respect and without harassment, victimisation or discrimination. An employee, when acting in the course of State Service employment, must comply with all applicable Australian law. An employee must comply with any standing orders and with any lawful and reasonable direction given by a person having authority to give the direction. An employee must maintain appropriate confidentiality about dealings of, and information acquired by, the employee in the course of that employee's State Service employment. An employee must disclose, and take reasonable steps to avoid, any conflict of interest in connection with the employee's State Service employment. An employee must use Tasmanian Government official resources in a proper manner. An employee must not knowingly provide false or misleading information in connection with the employee's State Service employment. An employee must not make improper use of o information gained in the course of his or her employment; or o the employee's duties, status, power or authority in order to gain, or seek to gain, a gift, benefit or advantage for the employee or for any other person. An employee who receives a gift in the course of his or her employment or in relation to his or her employment must declare that gift as prescribed by the regulations. An employee, when acting in the course of State Service employment, must behave in a way that upholds the State Service Principles. An employee must at all times behave in a way that does not adversely affect the integrity and good reputation of the State Service. An employee must comply with any other conduct requirement that is prescribed by the State Service Regulations 2001 . 3