The Program Agreement
The Program Agreement is a standard contract used when the Department of Creative Industries, Tourism, Hospitality and Sport through the Office of Responsible Gambling offers grants to organisations for the funding of various activities, programs, scholarships and fellowships that are offered under funds managed by the Office of Responsible Gambling.
It is designed to make it easier for organisations to do business with the Department through the the Office of Responsible Gambling with a streamlined and standardised agreement.
It also balances the need for a standardised agreement with the flexibility needed for the diverse activities, programs scholarships and fellowships that are funded through the Grants programs.
The Program Agreement makes it easier for both parties to understand their obligations and expectations:
-
It’s a simple and user-friendly contract.
-
It reflects the partnership needed between the government and the relevant sector when delivering outcomes to reduce gambling related harm.
-
It provides a base level of consistency across all Program Agreements.
The Program Agreement Documents
The Program Agreement is a legally binding agreement. It is made up of two documents that together form the Program Agreement:
- The Program Agreement – Standard Terms (the Standard Terms)
The Standard Terms is the overarching header agreement between Department of Customer Service/the Office of Responsible Gambling and a contract organisation that is receiving a grant. It specifies the rights and responsibilities of parties in the Agreement.
- The Program Agreement – Schedule (the Schedule)
The Schedule outlines the specific details about the services, programs and projects being contracted and it specifies the amount of Grant funding that is going to be paid. The Schedule may also include attachments. All attachments in the Schedule are legally enforceable under the Agreement. For example, a Program Specification attached to the Schedule will have more detailed requirements that both parties must comply with. It is important to read both parts of the Program Agreement together: The Standard Terms and the Schedule, along with any attachments.
How the Program Agreement works
Reading the Agreement
Some words in the Standard Terms and Schedule are capitalised. This indicates the word is an ‘operative’ or defined term and has a very specific meaning in the Program Agreement. Be sure to read these terms carefully.
The Standard Terms have numbered clauses. The Schedule doesn’t have numbered clauses but refers to the clause number in the Standards Terms, for example:
Activity (Standard Terms Clause 1 Definition)
The Schedule references the Standard Terms clause numbers (Clause 1 in the example above) for ease of navigation.
Both documents work together and must be read together.
Order of precedence
The Standard Terms define how all the documents in the Program Agreement work together (refer to clause 3, page 8). This is also repeated on the first page of the Schedule. Precedence is important if there’s any ambiguity or inconsistency across the different parts of the Agreement.
Specific Conditions
Given the varied nature of the programs that may be funded by the Grants issued by the Department of Customer Service/the Office of Responsible Gambling, the Standard Terms may need to be amended or overridden for the specific program. The Schedule’s Specific Conditions can be used to override the Standard Terms. Clause 3.3 of the Standard Terms is used to do this. Where the Department of Customer Service/the Office of Responsible Gambling decides that there are circumstances where the Standard Terms don’t apply this will be set out in Specific Conditions (item 14) of the Schedule.
Signing the Contract
Organisations are issued with both the Standard Terms and Schedule for each Agreement they hold with Department of Customer Service/the Office of Responsible Gambling.
The Agreement start and end dates are set out in page 2 of the Schedule. The execution section of the Schedule must be signed by authorised signatories of the organisation receiving the Grant. The Department of Customer Service/the Office of Responsible Gambling then co-signs and dates the Schedule to indicate when the Program Agreement comes into force.
