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Education Provider—Student Placement Agreement template

Education Provider—Student Placement Agreement

between

The Salvation Army [State] Property Trust

ABN: Victoria - 64 472 238 844

South Australia – 13 320 346 330

Tasmania – 94 917 169 560

Northern Territory – 65 906 613 779

Western Australia - 25 878 329 270

Student Placement Host Program / Department Name

and

EDUCATION PROVIDER

ABN < >

Instructions

This agreement describes the responsibilities and ongoing relationship between the Education Provider and the Salvation Army program or department. The agreement provides the terms and conditions for the Salvation Army centre / site student placements with an education provider.

It can be amended by mutual agreement, and changes can be made by:

•formal contract to amend or replace this agreement, or

•if the change is for one particular placement – by side letter which identifies the student(s) and the placement.

Use this agreement for:

•all student placements for [name the faculty] of [name of education provider] ;

Review the agreement where highlighted in yellow (in the text and in the schedule) and

amend as needed – eg: addresses
This agreement is made on 6 November 2018

between

[Name of the Salvation Army Program / department and site name] [enter ABN] [enter program / department site address] (the ‘Student Placement Host’)

and

[Name of the Education Provider] [enter ABN] [enter Registered business address] (the ‘Education Provider’)

(collectively, ‘the Parties’)

Purpose of this Agreement

  1. This agreement applies to all students in placement from the Education Provider <faculty>
  2. The Education Provider is a recognised by <professional accrediting body> as being accredited for providing a sufficient academic , theoretical background in <area of study e.g. social work, nursing, law> to fulfil the requirements of the activity as described in Attachment 1 – Placement Activity description <tie into the Technical competencies required for the placement in the placement offer>
  3. The Student Placement Host has agreed, with the Education Provider, to host students of the Education Provider in Placement (the Placement) on the terms and conditions set out in this agreement.
  4. This agreement does not give the Education Provider exclusive rights to fill available student placements at the Student Placement Host program / department. The Student Placement Host program / department may enter into similar agreements with other Education providers depending the needs and circumstances as assessed by the Student Placement Host program / department
  5. The Education Provider has informed itself on all relevant aspects of the Student Placement Host’s requirements pertaining to the placement agreed to accept the terms and conditions set out in this agreement.
  6. The Student Placement Host has informed itself on relevant aspects of the Education Provider’s academic and vocational requirements and relevant professional standards related to the student placement offer and agree to provide the placement.
  7. This agreement does not cover projects that are undertaken as a research project under the direction and supervision of the Education Provider. Such work is dealt with under a separate agreement.

Agreement

  1. Term

1.1.This agreement commences on 6/11/2018and, unless terminated earlier, ends on the 11/06/2018and will include <n> hours.

1.2.The Student Placement Host or Education Provider may terminate the Placement at any time by providing at least one month’s written notice to the other party before the Placement is terminated.

Note: Less than one month’s written notice may be providedif reasonable in the circumstances (for example, where clients of the Student Placement Host are considered to no longer be safe).

  1. Placement Activity – Education Provider’s Obligations

2.1.During the term of the Agreement, the Education Provider (where applicable) will undertakes the following:

2.1.1.to make all students, and Education Provider staff who participate in the Placement Activities aware of the terms and conditions of the Agreement

2.1.2. to provide the administration of the <academic >course and the Education Provider’s placement process(es)

2.1.3.to provide a list of suggested candidates that are suitable for the Placement Activity described in Attachment A

2.1.4.toteach, supervise and evaluate students in such clinical situations as deemed appropriate by the Student Placement Host [program / department] employees who are charged by the Student Placement Host with the responsibility for the administration of and/or quality of client care in a particular area

2.1.5.to abide by thepolicies and proceduresof the host which are in existence at any timeand relevant to the placement as nominated by the manager of the host site; including, protocols to communicate with the program / department, protect confidentiality as in clause 9 and intellectual property, as in clause 8.1 and report progress and grievances.

2.1.6.to respect the decision of the Student Placement Host to approve students offered in Attachment B as recommended by the Education Provider and not exert undue pressure to overturn their selection decision

2.1.7.to actively support the student throughout the term of the placement by a combination of meetings at the site of the placement, email and / or telephone including participation in the development of the student’s learning plan

2.1.8.to actively support the student after the term of the placement and during the remainder of the students attendance at the Education Provider if the student has observed or has been involved in a critical incident.

2.1.9.to provide all pre-placement requirements with respect to police checks and Working with Children checks per jurisdictional requirements, immunisations, work health and safety training and accreditation appropriate to their area of practice and a fitness for practice declaration

2.1.10.to make good any damage to the Salvation Army premises or equipment which may be caused by Education Provider students or staff

2.1.11.to provide funds to the Student Placement Host, in accordance with Item L of Attachment A to this agreement, to enable the Student Placement Host to meet its supervision obligations at clause 2.7 OR <The Education Provider agrees to provide placement supervisor to the Student Placement Host as required to meet the formal supervision requirements of the academic program

2.1.12.toallow access to the Education Provider’s research opportunities / agenda and results of projects to which the Salvation Army contributes data obtained through access to services and clients including access to communications resulting from the monitoring of emerging trends in advocacy and program development.

2.1.13.to seek feedback from the Student Placement Host program to ensure curriculum development reflects contemporary practice and theory

  1. Placement Activity – Student Placement Host Obligations

3.1.During the term of the Agreement, the Student Placement Host undertakes the following:

3.1.1.to provide appropriate induction and access to the Services and support which are detailed in Attachment A to this Agreement

3.1.2.toprovide the Services and support to the student(s) that are detailed in Attachment B to this agreement. Students included in Attachment B may be referred by the Education Provider, to the Student PlacementHost.

3.1.3.to provide staffing requirements for the coordination, supervision and support independent of Education Provider facilitators or students

3.1.4.to provide copies of the relevant policies, regulation, rules, procedure manuals, and directions for the use of Student Placement Host program / department equipment to Education Provider facilitators and students;

3.1.5.to provide sufficient access to the appropriate facilities for the Placement Activity

3.1.6.to provide emergency care for Education Provider facilitators and students in case of accident or illness under the usual conditions relating to such visiting personnel and notify the Education Provider as soon as possible after the incident

3.1.7.to provide input to the student’s learning plan to ensure that the expectations of the Student Placement Host and student align

3.2.The Student Placement Host attests that:

3.2.1.the student is considered surplus to ordinary staffing requirements; and/or

3.2.2.no placement is being used as a stop-gap measure while the Student Placement Host is undertaking recruitment exercises or as a way of meeting ad-hoc needs in lieu of creating paid employment opportunities.

  1. Discipline and control

4.1.Discipline and control of the students and Education Provider staff participating in the Placement Activity is the responsibility of the Education Provider

4.2.If the Student Placement Host has reasonable grounds to believe that the student or member of the Education Provider staff has failed to satisfy the requirements of this Agreement and the Salvation Army policies and procedures , the Student Placement Host has the right to:

4.2.1.Require the individual to leave the program site either permanently or for a designated period of time

4.2.2.Restrict the individual’s access to specific people / clients and information

4.3.If the Student Placement Host takes or intends to take any action under clause 4.2, the Student Placement Host must notify the Education Provider in writing

4.4.The Education Provider may not agree to terminate any participant(s) listed at Attachment B to this agreement unless agreed with the Student Placement Host.

4.5.If any student placement is terminated under clause 4.1, the Student Placement Host is not under any obligation to provide the Services and support detailed in Attachment A to this agreement to a substituted student.

  1. Novation, Subcontracting etc

5.1.The Education Provider must not:

a)assign any of its rights under this agreement

b)enter into any arrangement that will require novation of this agreement

c)subcontract all or any part of the Placement Activity without the Student Placement Host’s approval

  1. Status of Student(s)

6.1.The Parties acknowledge that the student(s)participating in the Placement Activity are not employees of the Education Provider or the Student Placement Host during the Placement Activity and must not be paid a salary, wages or other remuneration for performing work or services by the Education Provider or the Student Placement Host.

6.2.Clause 6.1 does not prohibit a payment by the Education Provider directly or indirectly for the support of thestudent in relation to the Placement Activity, such as a contribution to the supervision and administration by the Student Placement Host, protective clothing, uniforms, equipment or materials. The timing of any such payments must be agreed between the Host and the Provider and detailed as part of this agreement.

  1. Student’s health,safety and performance

7.1.Before commencing a student in the Placement Activity, the Parties must agree on an initial risk assessment of the student, activity and client, if applicable, in order to determine the boundaries of practice and the nature of supervision required.

7.2.Either parties have the right to request an additional risk assessment throughout the term of the Placement Activity

7.3.While providing the services specified in Attachment B of this agreement, the Student Placement Host will:

a)ensure that there is a safe system of work in place at all times during the Activity

b)provide training to the participant, including work health and safety training, so that the participant can participate in the activities safely

c)ensure that appropriate facilities are available to the participant(s) for the duration of the Activity.

7.4. The Student Placement Host must also notify the Education Provider as soon as possible, of any incident involving the Placement Activity for the Education Provider to action, including:

a)any incident that may negatively affect the Student Placement Host or bring the Student Placement Host into disrepute

b)any accident, injury or death occurring during, or as a result of, the Activity, including in relation to the student or a client of the Student Placement Host

7.5.If required for the Placement Activity, the Student Placement Host must ensure that the student is equipped with any clothing or materials that are required by the student(s) to participate safely in the Placement Activity.

7.6.The Parties acknowledge and agree that risk assessments will continue throughout the placement and that supervision requirements will be altered accordingly once agreement has been achieved.

7.7.The Education Provider acknowledges that the Student Placement Host is compliant with legislative and regulatory obligations imposed on it in relation to work health and safety.

  1. Student training and supervision

8.1.The Student Placement Host must ensure that the participant(s) will receive any training that is required to participate in the Activity.

8.2.The Student Placement Host must ensure that:

a)Students are adequately and appropriately supervised as agreed by representatives of the Parties in the initial or subsequent risk assessments and in keeping with the student’s boundaries of practice

b)Supervisors have a high level of skill/knowledge, training and/or experience in the part of the Placement Activity they are engaged in and in working with, training and supervising persons in such activities

c)Supervisors notify the Provider of the student’s any student’s performance issues in relation to the Placement Activity

d)Student performance will be evaluated objectively and fairly. Performance issues will be supported by evidence obtained during the placement.

8.3.The Education Provider undertakes to accept the evidence provided by the Student Placement Host supervisors and other employees as true and fair record of failure of the student to meet the expectations of the placement.

8.4.Supervisors provided by the Education Providermust undergo any police or other checks required by the Student Placement Host and comply with any statutory requirements

  1. Privacy and Personal Information

9.1.Nothing in this Agreement derogates from a party's obligations under the Privacy Act 1988 (Commonwealth) or any other relevant legislation or regulation

9.2.This clause 9 applies where the Student Placement Host deals with Personal Information when, and for the purpose of, hosting the Activity and interacting with the participant/s under this agreement.

9.3.The Parties may only use or disclose the Personal Information of a student for the purposes of administering this agreement

9.4.The Education Provider commits to maintaining confidentiality of any Salvation Army employee and client’s (s’) personal information that is disclosed during the placement through supervision and / or support of the student.

9.5.The Education Provider commits to maintaining confidentiality and protecting The Salvation Army’s intellectual property and committing that all intellectual property originated by the student in the course of, or arising out of the placement including all inventions, designs, technology, developments or improvements to equipment and the copyright worldwide in all software, literary and artworks, will be the property of The Salvation Army and the student shall, when requested do all things necessary to secure and protect the organisation’s ownership rights.

  1. Insurance

9.1.The Education Provider maintains current and appropriate insurance including WorkCoverfor the duration of the Placement Activity while the student is on the Salvation Army’s premises it has and maintains public liability insurance, with a limit of indemnity of at least $20 million in respect of each and every occurrence, that covers the liability of the Student Placement Host and the liability of its employees, and clients in respect of:

a.loss of or damage to any real or personal property (including property of a participant)

b.the bodily injury, disease or illness (including mental illness) or death of any person (including a the student)

  1. medical malpractice

9.3.The Student Placement Host must maintain and keep current any other insurances it is required by law to maintain.

  1. Attendance and Time Sheets

10.1 The Education Provider will provide the Student Placement Host with student attendance time sheets <frequency> via the nominated contact method (email or fax).

10.2The Student Placement Host will approve the completed participant hours within 5 days of completion of the working week Monday – Sunday.

10.3 The Student Placement Host will ensure all participants fully and accurately complete the timesheets before approving the timesheets.

  1. Indemnity
  2. Without derogation from any liability which the host may have at law to any person, the Education Provider will:
  3. indemnify the Service Provider against liability for the negligent acts and omissions of:
  4. full time, part-time and seconded staff of the Education Provider acting in the course of their employment; and
  5. students of the University while undertaking placements as part of their Health Science studies at the Education Provider
  6. accept responsibility for Workers' Compensation cover for full time, part time or seconded staff in accordance with the usual conditions relating to these categories of staff.
  1. Termination
  2. Either Party may terminate this Agreement by written notice if:
  3. (a)the other Party is in breach of its obligations under this Agreement and has failed to rectify the breach within fourteen (14) days of receipt of notice of the breach from the other Party; or
  4. (b)an Event of Insolvency occurs in respect of the other Party
  1. Termination

13.1Either Party may terminate this Agreement by written notice if:

13.1.1(a)the other Party is in breach of its obligations under this Agreement and has failed to rectify the breach within fourteen (14) days of receipt of notice of the breach from the other Party; or

(b)an Event of Insolvency occurs in respect of the other Party

  1. Governing Law

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

EXECUTED by the Parties on the date above.

*This agreement is in principle only and is subject to Job Prospects Senior Management sign-off*

Job Prospects, a division of SYC Limited by:
(Printed Name)
(Position)
(Signature)
[Name of Student Placement Host]by:
(Printed Name)
(Position)
(Signature)

Attachment A

Placement Activity details

The Student Placement Host will provide and host the Placement Activity and provide the Services and support set out in this attachment:specifics about the student placement could be added here or import the placement offer text (insert tab > text box - object > text from file > browse to the placement offer document)