Summary Document ONLY - NSW eTendering

Summary Document ONLY

PLEASE BE AWARE THAT THIS PDF FILE

CANNOT BE PRINTED

IT IS BROWSABLE ON-SCREEN ONLY AND IS PROVIDED FOR YOUR INFORMATION TO DECIDE WHETHER TO

BECOME A PROSPECTIVE TENDERER ONLY

Note: This file may contain a brief scope statement, or an extract from the RFT documents, or a full exhibited copy –

depending on the specific circumstances.

To participate in this tender process you MUST first download or order a full copy of the Request for Tender (RFT) documents,

including the respondable components, and any addenda issued to date.

To do this return to the RFT web page on this web site and copy the RFT documents to your own computer or network – the blue “DOWNLOAD A SOFT COPY” link at the bottom provides access

to the page from which you can do this.

Request for Tender, Part A - Overview

NSW Procurement – Contracting Services is a Business Unit of the NSW Department of Commerce

NSW Procurement – Contracting Services invites this tender for and on behalf of the

NSW Government State Contracts Control Board

Request for Tender (RFT) Id: 0801624 NSW Government eRecruitment Solution for the NSW Department of Premier & Cabinet From Date of Acceptance for three (3) years with two (2) optional one-year extensions

RFT Issue Date: 8 December 2008

Closing Date: 27 January 2009

Closing Time: by 9:30 am Sydney Time


COPYRIGHT This Request for Tender document (“RFT”) has been prepared by NSW Procurement – Contracting Services for the State Contracts Control Board for and on behalf of the Crown in right of the State of New South Wales. This RFT is protected by Crown copyright.

© State of New South Wales – NSW Procurement – Contracting Services, for and on behalf of the Crown in right of the State of New South Wales, 2001.

All rights reserved. No part of this RFT may be produced by any process, electronic or otherwise, in any material form or transmitted to any other person or stored electronically in any form, without the prior written permission of the State of New South Wales, except as permitted under the Copyright Act 1968. For the purposes of this RFT, inquiries should be directed to the Contact Officer nominated in Part B of this RFT.

Other matters should be directed to: Group General Manager NSW Procurement – Contracting Services NSW Department of Commerce McKell Building 2-24 Rawson Place Sydney NSW 2000 Tel: (02) 9372 8840 Fax: (02) 9372 7533


NSW Government eRecruitment Solution _____________________________________________________

REQUEST FOR TENDER - PART A – OVERVIEW............. .................................................4 1 Outcome ....................................................................................................................................... 4 2 Objectives ..................................................................................................................................... 4 3 Required Benefits ......................................................................................................................... 4 4 Scope of RFT ............................................................................................................................... 5 5 RFT Structure ............................................................................................................................... 6 6 Best Price and Cost Structure ..................................................................................................... 7 7 Benchmarking ............................................................................................................................... 7 8 Performance Framework .............................................................................................................. 8 9 Annexure 1 - Example Position Description, Flowchart & Capability Framework .......................... 7


REQUEST FOR TENDER - PART A – OVERVIEW

1 Outcome

This Request for Tender (“RFT”) is made by the State Contracts Control Board (the “Board”) for the provision of a NSW Government eRecruitment Solution to the NSW Department of Premier & Cabinet under the proposed Agreement of the Deliverables defined in the Statement of Requirements of this RFT.

The Board is responsible for the delivery of the tender process, assisted by NSW Procurement – Contracting Services, whilst the proposed Agreement will be executed between the NSW Department of Premier & Cabinet and the successful tenderer/s.

The key outcome of this RFT is to provide a purchasing solution (through the proposed Agreement) for the required Deliverables which meets the needs of the NSW Department of Premier & Cabinet.

2 Objectives

The objectives of the proposed Agreement in achieving the desired outcome, are to:

• Replace the existing version of jobs.nsw with a full end to end recruitment management solution offering extensive back end management capacity.

• Provide agencies with a tool to deliver recruitment reforms and automate manual processes.

• Provide the public with an enhanced version of the existing jobs.nsw, retaining the name and web address, but offering an updated brand.

This Request for Tender seeks to establish a prime contractor for provision of a NSW Government eRecruitment Solution that support the end to end recruitment process for NSW Government agencies through management of recruitment, advertising and promotion, talent pools and reporting.

The “Software as a Service” (SaaS) model is preferred although alternative tenders may be considered.

3 Required Benefits

The required benefits to be achieved in delivering the objectives of the proposed Agreement are:

• Significantly reduced recruitment time, providing applicants with earlier communication and appointment.

• Improved application process, offering a streamlined method of online application.

• Supporting simplified selection criteria, including removing the common selection criteria and offering candidates an easier recruitment path to government jobs.

• Reduced recruitment time and cost.

• Reduction in manual HR processes.

• More attractive ads and display ads on site targeting specific applicant groups and promoting specific types of employment, especially in areas of skills shortages.

• Better branding and promotion of Government jobs leading to better quality candidates.

• Improved extent and efficiency of system reporting.


• Sector-wide access to templates for generic position descriptions and advertisements based on a simplified job evaluation framework.

• Replacing the requirement to publish vacancies in the Public Sector Notices with online advertising and press advertisements directing candidates to the new e-recruitment solution rather than advertising individual jobs.

• Allowing the substitution of postage by emails of correspondence and recruitment materials.

• Reduced costs due to less reliance on labour hire companies.

• More effective processes in managing displaced staff.

• Improved monitoring of recruitment practices leading to potential further reforms.

4 Scope of RFT

4.1 Deliverables

It should be noted that an eRecruitment solution of this size and complexity has never been attempted in Australia before.

The Board reserves the right to accept an Alternative Tender, when submitted with a Conforming Tender, where respondents can demonstrate that they meet the requirements.

The eRecruitment Solution will support the full end to end recruitment process for NSW government agencies. It will include features such as:

Recruitment tools

• Standard sets of capability statements, position descriptions, and job advertisements to support streamlined recruitment management and matching capability.

• Applicant tracking and recruitment process management, especially bulk recruitment.

• Job evaluation (through the use of standard job templates), links to pre-screening, assessment and selection tools.

Advertising/Promotion

• Enable online job advertisements and applications, consolidation and downloads for advertisements in newspapers and other publications.

• Option to upload and direct job ads to commercial job boards, agency websites, professional associations and other employment networks.

• Promotion of employment in NSW Public Sector, with branding and promotional campaigns directing potential candidates to the web site.

Talent pools

• The capacity of potential employees to register for employment opportunities of any kind and to be automatically advised through email alerts of suitable vacancies.

• The capacity for government employers to search the talent pool for potential candidates,

including permanent, temporary, casual, and contract staff.

• Automatic priority matching of displaced staff to obtain placements within the public sector and cross sector eligibility lists.

Reporting

• The capacity to generate reports on all of the functions and measure the effectiveness of recruitment and advertising processes across the sector, within agencies, occupations or


other variables such as age and gender.

The solution will not include:

• Any internal recruitment business process improvements (to be managed in agencies)

• Employer records, payroll and rostering systems in agencies.

• Agency management of data downloaded from the e-recruitment solution.

• Agency costs associated with integration to the e-recruitment solution.

The solution will impact on existing systems:

• Replacing the existing implementation of jobs.nsw but retains a refreshed version of the

jobs.nsw brand and the website address. • Some agencies may wish to consider integration with their in-house HR systems.

A detailed description of the Deliverables is described in the Statement of Requirements (RFT, Part F).

4.2 Contract and Duration

It is envisaged that the term of the proposed Agreement will be for three (3) years, which may be extended for two (2) additional one-year terms at the discretion of the NSW Department of Premier & Cabinet.

4.3 Current Scope and Expenditure

The current expenditure incurred by the Principal for the procurement of the Deliverables is approximately $3million per annum. This amount is provided for information only and does not constitute a guarantee for future work through the proposed Agreement.

4.4 NSW Government requirements

The successful tenderer must comply with NSW Government codes, guidelines and Standards listed in Schedule 1 of Part D.

5 RFT Structure

5.1 Interpretation

5.1.1 Definitions of terms used in Parts A to C are contained in clause 1 of Part B.

5.2 RFT Structure

This RFT comprises 6 Parts as follows:

Overview – Part A

It is an executive summary of main outcomes, objectives, requirements and expectations for this proposed Agreement and the Statement of Requirements. It provides the tenderer with the essential information to make an informed decision on whether to tender or not.

Conditions of Tender – Part B

It provides the terms, conditions and processes governing the tender phase of the RFT.


Tender Response – Part C

These are response schedules which are required by the Board to evaluate the tenderers’ offers.

Agreement - Part D

This is the conditions of contract to be executed between the successful tenderer and the Principal.

Special Conditions – Part E

This contains the unique conditions specific to the proposed Agreement. It will form part of the Agreement to be executed between the successful tenderer/s and the Principal

Statement of Requirements – Part F

A detailed description of the Deliverables to be provided by the successful tenderer/s including technical specification, service levels and performance framework. It will form part of the Agreement to be executed between the successful tenderer/s and the Principal.

If submitting a Tender, retain Parts A, B, D, E and F. Part C, once completed, forms the Tender, and is to be submitted in accordance with Parts A, B and D.

Part D and E, if applicable, are to be executed later by the successful Tenderer(s) and the Principal to form the agreement.

6 Best Price and Cost Structure

Tenderers are encouraged to provide their best price(s) with their tender. Whilst the Board reserves the right to negotiate pre award, such negotiations may not occur and it is not the Board’s preference.

It is important that tenderers realise that they may not be short-listed for further consideration, if they do not provide their best price with their initial tender.

This RFT seeks transparency in the tenderer’s Cost Structure in the Tender Schedules (RFT, Part C) and is required to be fully completed by the tenderer to:

•••• Provide the Principal transparency of the tenderer’s Cost Structure;

•••• Act as a basis for future Price variations, where applicable.

The Board expects the successful tenderer’s to reduce its pricing during the term of the proposed Agreement by:

(a) Continually improving delivery processes to improve efficiency;

(b) Passing on the benefit of rebates received from its own suppliers to the Principal;

(c) Matching prices as identified/recommended from the benchmarking process;

(d) Other methods of savings identified during the term of the proposed Agreement;

(e) Price matching as identified by the Principal.

7 Benchmarking

Benchmarking with other suppliers within the market place is a potential price-management mechanism under the proposed Agreement.

An independent benchmarking service provider may be engaged to compare prices of the Deliverables with other comparable products available in the market place. The benchmarking service provider will be mutually agreed by the Board and successful tenderer/s.

Benchmarking may be undertaken by the benchmarking service provider after the first anniversary of the proposed Agreement and at 12 monthly intervals thereafter.


8 Performance Framework

The Board is committed to engaging contractors who are able and willing to continually improve their performance during the term of the proposed Agreement.

The performance framework within the proposed Agreement provides both incentives for good performance and sanctions for poor performance.

Performance incentives and sanctions are based on the Contractor’s performance. The Statement of Requirements (RFT, Part F) describes the performance framework in detail and the measurement/targets of all performance indicators.

Typical incentives and sanctions that may be used by the Principal include, but are not limited to :

(a) Additional or reduced performance reporting requirements;

(b) Scope variation ie. inclusion of additional Deliverables/reduction;

(c) Extensions of the proposed Agreement (if available);

(d) Non payment of price variations.


9 ANNEXURE 1

Please find the following information below:

Example Position Description

Flowchart & High Level Explanation

NSW Public Sector Capability Framework

NAME OF THE AGENCY

POSITION DESCRIPTION EXAMPLE POSITION DETAILS

Division: Position Title: Asset and Property Manager Business Unit: Classification/ Grade: Grade 11/12 Position No.: Reports to: General Manager Location: Positions reporting to this position: Asset and Property Officer Primary Purpose of the Position Establish and implement organisation wide strategies, policies, guidelines and standards to facilitate the management of asset disposal, acquisition, upgrading and maintenance programs. Organisational Culture Capabilities Organisational culture capabilities are fundamental to the achievement of the State Plan and apply to all roles across the sector. The selection process will ascertain your compliance with these capabilities. In performing this role, you are expected to demonstrate the 5 culture capabilities at the following levels: Capability: Level Capability: Level Capability: Level Customer Focus 6 Teamwork 5 Cultural Awareness 5 Taking Ownership 6

Building Strategic Partnerships 6

The following selection criteria form a specific part of the selection process. Candidates for this role must address each of these items specifically in their application.

SELECTION CRITERIA - CAPABILITIES (Maximum of 8 selection criteria) All selection criteria listed in the first column below are specific to this role, and must be addressed by applicants for this position 1. Leadership and Management Creating a sense of need to achieve organisational goals in line with a clear overall vision through planning, managing performance, motivating people and role modelling desired behaviours.

• Develops and Communicates Vision: Tactical Level • Inspires and Motivates: Tactical Level • Creates and Develops Culture: Tactical Level • Manages Change: Tactical Level • Manages People: Operational Level • Plans for Outcomes: Tactical Level • Financial Management and Governance: Operational Level • Manages Strategically: Tactical Level

2. Project Management Participates in and/or leads successful projects, using strong communication and organisational skills to balance conflicting priorities and manage resources.

• Initiates and Plans: Level 6 • Builds a Team: Level 6 • Controls Projects: Level 6 • Monitors Projects: Level 6 • Evaluates Projects: Level 6

3. Communication Listens, interprets and conveys information in a clear and accurate manner, provides timely delivery of information and selects the most appropriate method of communication.

• Utilises Written Communication Effectively: Level 6 • Communicates Verbally: Level 6 • Presents and Facilitates: Level 5 • Influences and Negotiates: Level 6

4. Analytical Thinking and Problem Solving

Identifies and analyses situations and/or issues, considers options, develops solutions, and decides on, implements and monitors appropriate solutions.

• Undertake Analysis: Level 6 • Solves Problems: Level 6 • Demonstrates a Systems Perspective: Level 6 • Uses Initiative and Innovation: Level 6 • Thinks Strategically: Level 5

5. Technology Operates computer hardware and software, departmental systems and electronic systems effectively.

• Uses Computer Systems: Level 5 • Uses Electronic Systems: Level 3

SELECTION CRITERIA - CAPABILITIES (Maximum of 8 selection criteria) 6. Technical Leadership Applies and improves specialised technical knowledge, skills and judgment to achieve outcomes.

• Knows Role and Organisation: Level 5 • Technical/Occupational/Professional Knowledge: Level 6 • Develops and Maintains Capabilities: Level 6 • Applies Technical and Professional Expertise: Level 6

7. Policy Development Leadership or participation in policy development through consultation, stakeholder engagement, scoping needs, development, implementation and review.

• Undertakes Research: Level 6 • Develops Policy: Level 5 • Reviews Policy: Level 5

8. Commercial Acumen Builds and maintains a wide knowledge and understanding of the business environment and applies commercial expertise including concepts, processes and strategies to achieve business objectives.

• Understands Business Basics: Level 6 • Applies Commercial and General Economic Knowledge: Level 6

Key Challenges and Influences

• Formulating and implementing strategies, policies and plans for property and asset management within sound business parameters ensuring probity and transparency and respecting the frameworks and obligations imposed on public sector agencies.

• Developing a comprehensive set of asset and property management policies and plans with a strategic focus and gaining organisational acceptance given the number and variety of stakeholders involved.

• Ensuring a high level of probity and equity in dealings through best practice adherence to government guidelines, whilst protecting Agency interests, and managing all legal obligations arising from projects.

Key Outcomes/Accountabilities

• Manage, plan and control the Asset and Property Management function, its staff and resources to support the efficient and cost effective management of the Agency’s property asset portfolio.

• Initiate and develop strategic policies to guide development of services, planning and funding frameworks, which reflect government and stakeholder needs.

• Manage projects review to evaluate and improve the effectiveness of the delivery of asset development and enhancement services.

• Maintain and improve property related information management systems to enable asset and property management data storage and accessibility.

• Manage resources, budget, assets, projects and staffing to maximise achievement of goals and required levels of skills and performance.

• Prepare, recommend and implement documented policies and procedures for dealings with property and assets. • Build and maintain positive relationships with key stakeholders and contractors to facilitate effective contract and

relationship management and achieve the most appropriate and desirable outcomes for the organisation. CERTIFICATION ................................................. ........../ ........../ .......... Chief Executive Date:

................................................. ........../ ........../ .......... Executive Director Date:

................................................. ........../ ........../ .......... Occupant: Date:

Review existing job template for

job function

Create a Requisition from

the template

Create a new Requisition

Matching template Exists?

Yes

No

Build/Edit existing PD using

Capability Library

Create Applications and

Assessment forms

Review and Edit Application and

Assessment forms

Complete Display Ad details if necessary

Identify Number of Positions,

justification, sourcing

Identify Approvers and workflow for

requisition & appointment approval

Submit for Requisition Approval

Approved?

Requisition Initiator notified with reason for further action

Make Changes or Terminate No

Requisition Initiator notified of

approval

Yes

New forms required?

Yes

No

Attach or review/amend interview

guides

Identify Interview Times

Close Req Terminate

Changes

Identify confirmed Panel members on requisition

Submit requisition for recruitment

Panel Members and Convenor notified job

has gone for recruitment

A

Start

NSW Government – Indicative Standard Recruitment Process for Permanent Employees (High Level)Initiate a Recruitment Action

Page 1

Is there any Agency excess

list?

Review Agency Excess Staff

profilesSchedule Interview? Interview

Yes

Recommend Appointment?

No

No

No

Yes Record/Store results

DYes

AUndergo Excess

Matching?

System to Automatch

candidates based on critera

Convenor and Excess Matched employee notified

Undergo Elist Sourcing?

Yes

Unmatched & Partially matched reqs released to next recruitment

stage

Case mangers and matched

employees notified

Employees to review and

indicate interest

Case Managers to review matches

and approve matches

Unmatched & Partially matched reqs released to next recruitment

stage

Candidate to prepare and

submit application

Convenor to review application

Schedule Priority

Interviews

Convenor/Candidate to Book

Interview

Case manager to record outcome

YesPrority Interview conducted

No

Record/Store Assessments

Recommend Candidate No

No

DYes

System matches against available

elistsYes

Suitable candidate

found?

Is Candidate Interested

Attach Candidate to Requisition (retain in elist)

Yes Interview Candidate?

More candidates available?

NoYes

Review and amend advertising dates if necessary

Do advertising dates need to

change?

No

Yes

No

Automatically advertises job and

releases to sourcing channels

Manually release job for

advertisement & sourcing channels

B

C

Conduct Adhoc interviewYes

No

Offer Job

Yes

Remove Candidate from

requisition No

Page 2NSW Government – Indicative Standard Recruitment Process for Permanent Employees (High Level)

Excess and Eligibility Matching

BApplicants login to

apply for advertised job

Applicants review job on jobs.nsw or other job boards

Applicants Click to Apply Login Exists?

System emails Job Alerts to

matching talent pool profiles

Create ID and optionally a Talent

ProfileNo

Applicant completes

application form

Attaches CV and other relevant documentation

Submits Application (receives

confirmation)

Convenors upload hard copy

applications

Yes

Applications close online on end date

Convenor/System notifies Panel to

shortlist

Panel members access

applications and rank

Successful applicants

contacted (phone and auto email)

Convenor or successful

applicants book into timeslots

Applicants not on the shortlist

advised by auto generated email

Applicants/Panel Interview

Panel to record & store feedback from interview

Further Assessment

required?

Applicant to Book Assessment

Applicant completes

Assessment

Results recorded on applicants

record

Panel to record recommended

applicant(s) with reasons

Yes

No

Panel to record eList applicant with reasons

(optional)

Panel to record Unsuccessful

applicants with reasons

Conduct Standard Employment checks and

record results for recommended applicant

Conduct Reference Checks and record results

Pass Checks?

No

Is there a Requisition

eList applicant?

Select next applicant

Yes

Pass Risk Clearance

Yes

No

C

D

E FNo

Page 3

Yes

Yes

NSW Government – Indicative Standard Recruitment Process for Permanent Employees (High Level)Interview and Selection

D Select another candidate?

Send out closed job emails to all candidates and

applicants

No

Readvertise or Close requisition End

Convenor to finalise and set up approval workflow

Approve? No

EYes F

Contact Candidate to Offer Verbally

Yes

Negotiate & Record/Store

Offer response

Candidate Accepts ENo

Generate Offer Letter

Yes

Candidate Formally AcceptsFinalise requisitionRelease eList

(optional)

System to Notify Elist candidates

System to Notify unsuccessful candidates

Create appointment notice & Submit for publishing (optional)

System to publish notice (optional)

Convenor to notify of start date to relevant parties

Close requisition

Page 4

Initiate appointment

workflow approval

NSW Government – Indicative Standard Recruitment Process for Permanent Employees (High Level)Apppointment

1.0 System emails job alerts to matching talent pool profiles Detemine content of emailDetermine layout of emailDetermine contact people for roleSystem to record who emails have been sent to (ie audit trail information)

2.0 Applicant review job on job.nsw or other job boardsIdentify job ad similar layout for varying job boards eg design, logoDetermin short description of job adIdentify job search using multiple criteriaIdentify criteria for job searchesIdentify sorting abilityIdentify the view selection Ability to move back and forth between the application and job ads

3.0 Applicants click to applyIdentify applicantion form and required fieldsDetermine cover letter optionsDetermine resum options Determine file types that can be uploaded

4.0 Login exitsDetermine username formatsDetermine password formats Determine level of security required for username and passwordDetermine security questions to be asked if username and password are forgotten

5.0 Create ID and optionally a talent profileDetermine username formatsDetermine password formats Determine level of security required for username and passwordDetermine security questions to be asked if username and password are forgotten

NSW Public Sector Capability Framework

Contents / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

1 Framework Introduction

2 NSW Public Sector Capability Framework – the Model

4 NSW Public Sector Capability Framework – the Capabilities

7 NSW Public Sector Capability Framework – the Capabilities: ORGANISATIONAL CULTURE

8 Customer Focus

9 Culture Awareness

10 Teamwork

12 Taking Ownership

17 Building Strategic Partnerships

19 NSW Public Sector Capability Framework – the Capabilities: DIRECTION

20 Leadership and Management

25 NSW Public Sector Capability Framework – the Capabilities: CAPACITY TO DELIVER

26 Project Management

29 Communication

33 Analytical Thinking & Problem Solving

37 Technology

38 Technical Leadership

40 Policy Development

42 Commercial Acumen

43 Client Engagement

ContentsDisclaimerWhile every effort has been made to ensure that this document is correct at the time of printing, the State of NSW, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance or upon the whole or any part of this document.

Copyright noticeIn keeping with the NSW Government’s commitment to encourage the availability of information, you are welcome to reproduce the material that appears in the NSW Public Sector Capability Framework for personal, in-house or noncommercial use without formal permission or change.

All other rights are reserved. If you wish to reproduce, alter, store or transmit material appearing in the NSW Public Sector Capability Framework for any other purpose, request for formal permission should be directed to the Department of Premier and Cabinet, Public Sector Workforce Office, GPO Box 5341, Sydney 2000. You are required to acknowledge that the material is provided by the NSW Public Sector Capability Framework or the owner of the copyright.

© Crown Copyright 2008 Department of Premier and Cabinet ISBN 978-0-7313-3401-8 (electronic)

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / Framework IntroDuCtIon 1

The Framework will be central to recruitment processes to ensure that individuals with the right skills and abilities are identified and selected. Equally, the framework will assist agencies to plan the workforce, manage performance and identify the most effective ways to target learning and development activities. The framework will also assist staff to progress their careers in the sector. The Framework is both results and values driven, making it different from many similar frameworks.

The NSW Public Sector is a unique enterprise. It is the largest employer in the State and staff deliver a broad set of programs and services for the people of New South Wales. New South Wales is a diverse community itself comprising a multiplicity of cultural and social communities with varying needs and priorities. The substantial Aboriginal and Torres Strait Islander community and the multicultural heritage of New South Wales require staff engaged in the public sector to respond to this diversity and to appreciate that the obligations of the Sector are unique. Staff must embrace the need for flexible responses and adaptability to ensure that the community is adequately served.

The NSW Government has identified five (5) key areas of activity over the next ten years. Goals have been established to ensure that priorities are addressed and targets achieved in each of the areas:

1. Rights, Respect and Responsibility2. Delivering Better Services3. Fairness and Opportunity4. Growing Prosperity

Across NSW 5. Environment for Living

The State Planning processes identified four values which need to drive the way that the NSW Public Sector works towards the State’s goals, and these values have helped shape the nature and content of the Capability Framework which follows. These are fundamental drivers for the success of the Public Sector over the next decade.

• Stronger Accountability• Structures to Drive Action• Effective partnerships• Decisions for the Long term

Although the State Plan has provided clarity around what is important over the next ten years, there are a number of other characteristics of work across the NSW Public Sector which have informed the development of the Capability Framework. The Codes of Conduct implemented by agencies in NSW are much more a statement of the values which drive how we work together and in the interests of our community, than they are documents which detail compliance requirements. The Capability Framework aims to take these values to the next level by defining how they translate into actions and behaviours in our day-to-day jobs.

• Responsibility to the Government of the day

• Respect for people• Integrity and public interest• Responsive service• Economy and efficiency• Fairness and equity• ConfidentialityThe Framework defines Capability across 3 broad streams – Organisational Culture, Direction, and Capacity to Deliver.

Organisational Culture defines those capabilities which are common to all jobs in the Public Sector. These are the things that define us as a group of people working together to deliver better outcomes for the people of NSW. They characterise the flavour of work in the Sector – how we relate together and with others.

Direction defines how we go about planning, leading, managing and evaluating all that we do, minimising the risks and ensuring that our goals and priorities are met.

Capacity to Deliver defines, as it would seem to suggest, those specific skills, knowledge and abilities which are needed in particular jobs which are common across the Sector, and which are central to delivering on Government’s goals for the future. Some of us are involved, for example, in front line client service, policy development, research, or working with communities.

The NSW Public Sector Capability Framework has been developed to provide a common and consistent basis to reflect the capabilities (skills, knowledge and abilities) which will underpin the achievement of NSW Government’s Plans to deliver better results for the NSW community from Government services.

Framework Introduction

2 the moDel / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

VIsIon

Values

CapabIlItIes

organisational Culture Direction Capacity to Deliver

NSW Public Sector Capability Framework – the Model

workforce planning learning & Development recruitment Career planning managing performance

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / the moDel 3

How the Framework was developedThe Public Sector Capability Framework has been developed through a detailed examination of the various different frameworks which have been developed at an agency level. In total around 80 specific capabilities were identified across agency frameworks, although a number of clear consistencies became obvious. The consistencies which emerged have, in turn, formed the basis for the broad Public Sector Capability Framework contained in this document.

As the Framework started to take shape, the developers conducted a number of workshops with common occupational groups to explore capabilities, progression, and typical responsibilities throughout the classification continuum.

The exploration of existing frameworks used across the sector in NSW, and the interaction with employees across common occupational groups determined that, for most capabilities, the elements identified which describe the capability, can be described appropriately in up to six levels. The Elements captured in the framework are therefore characterised by what are generally six levels of behavioural descriptors. Wherever it has been possible, the framework has endeavoured to present descriptors which are largely consistent with those contained in existing agency frameworks, combined with material taken from the Mercer Global Competency Database. The result is a framework which has a high level of consistency with agency practice and at the same time aligns with globally tested and recognised standards.

It is also intended that although this Framework does not specifically cover the Senior Officer and SES Groups, it is structured in such a way to link with the existing capabilities identified for these groups through the Leadership and Management capability stream.

The Capability Framework will only be valuable to us if it is something which helps us as individuals to understand the way that capabilities are defined for jobs within the Sector, provides insight into our personal and

professional development, and guides us in how we go about delivering in our current roles within the sector. This is where it is important that there is a mechanism to link the detail of the Capability Framework back to the values which have driven its creation. The leadership model which emerges from this Framework seeks to do just that.

Leadership ModelThe NSW Public Sector Capability Framework also highlights a new and different leadership model with 3 distinct but related facets of leadership:

• the Personal level – Taking Ownership

• the Organisational level – Direction through Management and Leadership

• the Professional level – Professional/Technical Leadership

Leadership is all about establishing and maintaining a focus of the goals and aspirations of the sector as an individual, as a manager, or in the way we provide professional and technical support to our peers and to our less experienced but developing colleagues. For each of us as individuals, the way we reflect upon our contribution and go about our daily work provides an opportunity to take leadership through a strong

sense of ownership for our actions, our decisions and in our dealings with others both within and outside the sector.

For some, there is the added responsibility of providing either management direction to small or large teams of colleagues; and, for others, the opportunity to share our expertise with newer or less experienced team members to support their development and growth.

In a process similar to the workshops conducted with common occupational groups, the developers facilitated a further workshop which focused on leadership and management. This workshop demonstrated that perceptions of what comprised leadership and management varied greatly by agency, and context. It was also identified that leadership and management skill, knowledge and ability requirements had much to do with the primary focus of the managing activity, and that this primary focus largely fell within one of four contextual levels. Within an organisational context and under the concept of the DIRECTION capability stream, as distinct from personal or professional leadership, we have defined four levels of Leadership and Management as follows:

• the Strategic level – Translating the intent of the State Plan by establishing and implementing strategies with a longer-term focus (typically 3 to 5 years) based on the Agency and Sector vision

• the Tactical level – Aligning actions to strategies by establishing new services, processes and standards based on the Agency’s strategy

• the Operational level – Shaping excellent outcomes by establishing short to mid-term operational plans to meet the Agency’s Strategy

• the Transactional level – Delivering effective and efficient outcomes and outputs against operational plans

It is the case, however, that the personal leadership which is described within the Taking Ownership capability is an important contributor to the development of the culture across the Sector.

Similarly, in order to ensure the sustainability of the Sector’s technical capability and strength, the contribution of our leading professionals must be recognised. Technical Leadership is the capability which aims to define these important behaviours.

nsw public sector Capability Framework – the model continued

4 the CapabIlItIes / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

The CapabilitiesVIsIon

Values

nsw public sector Capability Framework

organIsatIonal Culture

DIreCtIon CapaCIty to DelIVer

Customer Focus

Taking Ownership

Building Strategic

Partnerships

Team Work

Cultural Awareness

Client Engagement

Analytical Thinking

and Problem Solving

Management TechnologyCommercial

AcumenPolicy

Development

Project ManagementCommunicationTechnical

LeadershipLeadership

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / the CapabIlItIes 5

The Detailed List of Capabilities

Customer FoCus:

– Demonstrates Service Orientation

– Demonstrates Responsiveness

Cultural awareness:

– Is Culturally Aware

teamwork:

– Demonstrates Commitment to the Team

– Treats Others Equitably

– Resolves Conflict

takIng ownershIp:

– Plans and Organises

– Initiates Change

– Understands Operational Environment

– Acts Proactively

– Acts with Integrity

buIlDIng strategIC partnershIps:

– Understands Government Structure and Key Stakeholders

– Builds Relationships and Networks

Organisational Culture

leaDershIp:

– Develops and Communicates Vision

– Inspires and Motivates

– Creates and Develops Culture

– Manages Change (overlaps with Initiates Change)

management:

– Manages People

– Plans for Outcomes

– Financial Management and Governance

– Manages Strategically (overlaps with Thinks Strategically)

Direction

projeCt management:

– Initiates and Plans

– Builds a Team

– Controls Projects

– Monitors Projects

– Evaluates Projects

CommunICatIon

– Utilises Written Communication Effectively

– Communicates Verbally

– Presents and Facilitates

– Influences and Negotiates

analytICal thInkIng anD problem solVIng

– Undertakes Analysis

– Solves Problems

– Demonstrates a Systems Perspective

– Uses Initiative and Innovation

– Thinks Strategically

teChnology:

– Uses Computer Systems

– Uses Electronic Systems

teChnICal leaDershIp

– Knows Role and Organisation

– Technical/Occupational/Professional Knowledge

– Develops and Maintains Capabilities

– Applies Technical/Professional Expertise

polICy DeVelopment:

– Undertakes Research

– Develops Policy

– Reviews Policy

CommerCIal aCumen:

– Understands Business Basics

– Applies Commercial and General Economic Knowledge

ClIent engagement:

– Understands Customer Needs

– Ensures Quality Service Delivery

– Resolves Issues

– Strives for Continuous Improvement

– Demonstrates Professional Empathy

Capacity to Deliver

6 the CapabIlItIes / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

How to use the frameworkCapabilities describe the skills, knowledge and abilities expected from all NSW public sector staff to ensure we have a workforce, now and in the future, to deliver government priorities and high quality and responsive services to the community.

Each capability in the framework is made up of the following components:

• Capability: the name of the capability

• Description: this describes the capability in terms of the overall outcome for that capability

• Elements: Each capability is divided into a number of elements. Each element describes a more specific outcome for that capability

• Behavioural Criteria levels: Generally, each Capability has 6 levels which describe the varying ranges of behaviour which are demonstrated across the levels. These levels are cumulative. The Leadership and Management capabilities have only 4 levels reflecting the broad Leadership model which is being adopted for the Sector

The framework has been designed to assist with the following processes:

• Selection, e-Recruitment and Recruitment

• Managing Performance• Learning and Development and

Training• Career Planning• Workforce Planning

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / the CapabIlItIes: organIsatIonal Culture 7

NSW Public Sector Capability Framework – the Capabilities: Organisational Culture

Customer FoCus

– Demonstrates Service Orientation

– Demonstrates Responsiveness

Cultural awareness

– Is Culturally Aware

teamwork

– Demonstrates Commitment to the Team

– Treats Others Equitably

– Resolves Conflict

takIng ownershIp

– Plans and Organises

– Initiates Change

– Understands Operational Environment

– Acts Proactively

– Acts with Integrity

buIlDIng strategIC partnershIps

– Understands Government Structure and Key Stakeholders

– Builds Relationships and Networks

8 Customer FoCus / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Customer FocusDescription: Keeps the customer (internal and/or external) as the focal point of all activity; strives to address customer needs and concerns. Helps customers (and business partners) achieve

their goals through the application of own skills, behaviours and knowledge.

elements

behavioural Criteria

level 1 level 2 level 3 level 4 level 5 level 6

1 Demonstrates Service Orientation

• Demonstrates an awareness of who the internal and external customers are, and the type and level of service required

• Approaches work with enthusiasm and commitment

• Interprets customer needs in providing quality customer service

• Focuses on customer satisfaction

• Actively listens and asks questions to understand customer expectations and priorities

• Builds trust with customers by being honest

• Guides others in the provision of quality customer service and service excellence methods

• Considers situations from the customer’s perspective and tailors messages to address their concerns and expectations

• Creates a focus on customer benefit and service excellence

• Deals with customer issues in a sincere, non-threatening and friendly way

• Fosters a collaborative team spirit focused on service delivery

• Prioritises and provides guidance on service delivery targets for staff

• Interprets the implications of changing internal and external customer requirements

• Takes personal responsibility for resolving customer problems

• Supports others to stretch themselves in delivering services

• Makes self fully available during critical periods for the customer, and takes actions beyond normal expectations to provide high quality service

• Takes personal responsibility for building longer term relationships with customers

• Acts as a trusted advisor to customers in the provision of service

• Ensures quality customer focus throughout a department or agency, including setting policy for meeting customer requirements

• Acknowledges and celebrates successes as a means to embed the service excellence ethos

• Demonstrates a “passion for the customer”

• Ensures confidence in the Department/Agency’s services to the broader community

2 Demonstrates Responsiveness

• Strives to meet agreed timelines

• Delivers on promises

• Keeps clients informed of progress and developments

• Maintains quality of service despite time constraints

• Seeks to understand and address service delivery issues promptly and implement effective solutions

• Ensures service delivery issues are resolved in accordance with program and timeframe objectives

• Recommends resource allocation to meet service delivery imperatives

• Anticipates service delivery issues and works to mitigate them

• Ensures the proper allocation of resources to meet service delivery expectations

• Anticipates systemic service delivery issues and minimises disruption

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / Cultural awareness 9

Cultural AwarenessDescription: Demonstrates an understanding and appreciation of cultural differences and diversity in the workplace, works to include all team members, and delivers successful outcomes by

developing teams with a diversity of skills, experience and background.

elements



1 Is Culturally Aware • Treats people with respect and courtesy

• Acknowledges Aboriginal and Torres Strait Islander spirituality and connection to the land, waters and natural resources of NSW

• Shares information on Aboriginal and Torres Strait Islander culture and heritage

• Acknowledges a range of cultures in a diverse team and in others

• Values workplace and customer diversity and the perspective of individuals, such as those of different cultural background, gender and and/or skill level

• Encourages the inclusion of different perspectives in the workplace and with others

• Maintains current knowledge of key legislation, policies and practices relating to the Department/Agency’s business involving Aboriginal and Torres Strait Islander culture and heritage issues

• Responds positively to differences, changes own behaviour to get the best results

• Demonstrates commitment, sensitivity and responsiveness to the needs of individuals

• Manages differences in an effective, equitable and consistent way

• Proactively engages with Aboriginal and Torres Strait Islander communities and other diverse groups

• Identifies Aboriginal and Torres Strait Islander culture and heritage issues and concerns

• Works within Aboriginal and Torres Strait Islander cultural protocols and heritage guidelines

• Identifies and builds on the strengths of individuals and builds complementary teams

• Uses an understanding of personal and/or cultural differences to guide own behaviour

• Encourages others to be open-minded, to appreciate different perspectives and to be inclusive

• Adopts communications and business processes and practices appropriate to the needs and capacities of Aboriginal and Torres Strait Islander communities to foster engagement

• Makes practical links between Aboriginal and Torres Strait Islander culture and heritage issues and day-to-day roles and responsibilities

• Works effectively across cultures and actively engages people from diverse backgrounds in the workplace and community

• Tailors strategies, initiatives, and personal approach to suit different individuals and situations

• Enthusiastically promotes diversity in the workplace and rewards others who demonstrate a non-judgemental attitude or approach

• Negotiates with Aboriginal and Torres Strait Islander communities on matters relating to highly sensitive issues

• Identifies opportunities for community engagement and the support of Aboriginal and Torres Strait Islander values in their specific role and team

• Motivates and leads diverse groups to improve departmental/ agency performance

• Develops and promotes flexible workforce strategies which balance individual and organisational needs

• Acts as a role model to promote a fair, equitable and inclusive workplace

• Identifies opportunities for community engagement and the support of Aboriginal and Torres Strait Islander values in the work of the Department/Agency

• Identifies opportunities for community engagement and support of a variety of different cultural values in the work of the Department/ Agency

10 teamwork / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Teamwork

Description: Works within a team environment, cooperates with others, considers the needs of others, and helps others within the team to achieve team objectives

elements



1 Demonstrates Commitment to the Team

• Demonstrates an understanding of the need for teamwork, and how individual work impacts on that of others

• Participates as a team member to combine efforts with other team members to attain expected work outcomes

• Works cooperatively within a team where dissimilar functions need to be integrated to achieve goals

• Shows an understanding of the needs of other team members and exchanges the required information to contribute to the coordination of work between areas

• Contributes to achieving work objectives by guiding and coaching team members

• Communicates with other teams and areas to coordinate broader work outcomes

• Promotes teamwork and achievement of common purpose by encouraging staff to share information and ideas with others

• Communicates work requirements, delegates responsibility, seeks ideas and feedback to contribute to team goals

• Assesses teamwork processes and team development needs to input into policy development

• Monitors and directs multiple teams performing different functions and coordinates the work between these teams

• Empowers and supports others to perform their responsibilities and achieve organisational goals

• Acknowledges diversity and uses team strengths to identify and implement solutions

• Promotes teamwork across the Department/ Agency, integrates functions and ensures the attainment of Departmental/Agency goals

• Develops and coordinates Departmental/Agency strategies for the development of effective teamwork

2 Treats others fairly and equitably

• Demonstrates a general understanding of fairness and equity issues and performs work activities consistent with equity related processes and procedures

• Demonstrates an understanding of the fairness and equity related requirements of the work performed

• Interprets fairness and equity related processes and procedures and applies them to work activities to ensure compliance

• Contributes to fairness and equity by identifying problems and suggesting solutions

• Manages the application of fairness and equity related policy to maximise consideration of equity issues

• Demonstrates an understanding of the interaction of their work area with other areas across the Department/Agency to input into the fairness and equity policy development process

• Researches and analyses fairness and equity related information

• Contributes as part of a team to develop fairness and equity policies, procedures and standards for application at an operational level

• Ensures that fairness and equity policy and practice is consistent with legislative requirements

• Ensures the implementation and monitoring of fairness and equity policy and procedures

• Ensures the department’s/ agency’s strategic direction and commitment to fairness and equity issues

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / teamwork 11

teamwork continued

elements



3 Resolves Conflict • Gains knowledge of techniques to address conflict and follows documented procedures

• Maintains a calm professional approach in conflict situations and refers to a supervisor where appropriate

• Knows when to withdraw from a conflict situation

• Understands and applies tactics to manage conflict in work situations

• Explains policies, processes and reasons for specific actions in easily understood terms

• Focuses on understanding the motivations of others

• Acknowledges emotions expressed by others in a calm, caring manner

• Takes a problem solving approach to conflict situations

• Actively listens and uses this information to clarify problems and focus client attention on facts and solutions rather than feelings and grievances

• Listens to and acknowledges that concerns of others have been heard

• Reads situations quickly and modifies approach, based on knowledge and experience, in order to communicate most effectively

• Guides stakeholders, using logic and empathy, to follow suggested courses of action

• Develops and selects from a number of options to address conflict, based on understanding of operational requirements

• Identifies more sensitive issues and demonstrates an understanding of situations in which guidance from more experienced individuals would be valuable

• Seeks and uses common ground to build rapport as a basis for moving forward with issues

• Negotiates agreed actions to deal with conflict

• Outlines the likely outcome of not following advice to stakeholders

• Understands that conflict sometimes presents an opportunity to address unproductive situations or advance business objectives

• Looks for interrelationships between different stakeholders in conflicts to probe for any underlying or indirect causes

• Mentors others in conflict management approaches

• Seeks to build rapport with stakeholders quickly and acts with a fair and neutral approach to issues

• Maintains a focus on program objectives when resolving conflict

• Assesses a range of options and selects and guides stakeholders towards solutions that are underpinned by business objectives

• Makes clear judgements around matters which can be handled effectively without escalation

• Ensures systems are developed and in place to allow open communication channels to minimise conflicts arising

• Focuses on interests rather than positions

• Demonstrates firmness in ensuring that conflicts are settled in accordance with organisational values and objectives

• Makes short term concessions to advance towards medium to long term goals

• Develops innovative solutions to conflict that inform further developments in the area

• Supports and coaches less experienced staff in methods and approaches which resolve conflicts in an effective and timely manner

• Develops long term relationships with stakeholders so that conflicts arising are addressed swiftly and calmly by all parties

• Anticipates issues and positions activities to avoid conflicts arising

• Is prepared, if necessary, to argue strongly and hold ground in the face of strong opposition

• Addresses conflict with senior stakeholders as it arises and negotiates pragmatic resolutions on the spot that meet overall organisational aims

12 takIng ownershIp / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Taking OwnershipDescription: Believes in one’s own capability to accomplish a task, and selects effective approaches to tasks or problems. Is proactive in managing one’s own time, initiates change, and builds

an understanding of the internal and external environment in order to deliver work in a highly effective and professional manner.

elements



1 Plans and Organises

• Performs work under established guidelines and procedures

• Takes an organised and methodical approach to work

• Discusses and agrees work program accuracy and timeliness with supervisor

• Addresses priority tasks first

• Regularly plans and tracks progress on work tasks

• Acts to improve planning and organisational work skills applied to own work

• Plans and prioritises own work program to achieve defined targets

• Organises own work activities by determining the most appropriate ordering of tasks and considering impact on others to achieve results

• Seeks clarification of priorities as required

• Uses past experience to implement changes in own work program in order to improve efficiency and reduce the likelihood of particular problems recurring

• Takes a flexible approach to planning in order to meet unforseen circumstances

• Determines priorities and schedules for others to achieve work objectives by considering the impact of work across other areas

• Develops and implements systems and procedures to plan and organise own and/or team performance

• Organises the allocation of resources to contribute to the longer term planning process

• Understands and applies planning methodologies to work program

• Able to multitask effectively

• Gathers and assesses information to develop recommendations as part of the longer term planning process

• Anticipates and addresses barriers to work

• Implements approved plans, communicates objectives and monitors and reports on progress relative to plan

• Demonstrates an advanced knowledge of planning and organisational methodologies applied to projects and broad management areas

• Develops operational and business plans for a division

• Ensures the availability of resources and adapts plans and/or resource allocations in response to changing organisational priorities

• Works to mitigate anticipated and actual barriers to achievement of goals and delegates tasks effectively

• Possesses superior planning and organisation skills, which are typically applied to strategic planning, business planning, major projects and service delivery initiatives

• Coordinates and develops long term strategic plans to contribute to the achievement of the department’s/ agency’s goals

• Collects and analyses information from stakeholders in formulating plans

• Communicates with senior stakeholders in overseeing the implementation of plans

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / takIng ownershIp 13

taking ownership continued

elements



2 Initiates Change • Demonstrates an openness to variations in the range of work performed

• Actively seeks to broaden skills, recognises opportunities for improvement, and suggests ideas for improvement

• Looks for ways to make changes within own area of work

• Adapts skills and knowledge to new situations

• Shows initiative in suggesting changes and improvements to own work and the broader work area

• Demonstrates an understanding of the need for change and encourages others to do the same

• Actively seeks to understand the need for change, explains this to others, engenders their support and motivates others to consider and suggest new ideas

• Encourages others to learn and broaden their skills and knowledge

• Utilises an understanding of external trends to provide suggestions for improvements in Department/Agency processes and procedures

• Analyses broader systems and procedures to identify opportunities for improvement

• Recommends and implements change and develops strategies to overcome resistance to change

• Evaluates current procedures and practices and recommends improvements

• Monitors the change process and ensures others are clear about the change

• Anticipates change and plans for it

• Openly supports change

• Demonstrates an awareness of the affect of change on others

• Responds positively & effectively to unexpected change

• Assists others to adapt to change effectively dealing with resistance and insecurity

• Encourages new ideas

• Actively seeks out improvements to existing products or services in a structured way

• Initiates change where required

• Actively consults with others affected by the change

• Develops and communicates a clear view of the desired outcome

• Allocates appropriate resources to the change process

• Assists teams to develop a clear understanding of impending changes

• Measures the progress of change

• Proactively manages potential conflict

• Evaluates internal and external trends and recommends changes to products or services

• Plans and successfully manages significant change

• Translates the change agenda into strategic and operational plans



elements



3 Understands Operational Environment

• Seeks information and instructions to carry out own tasks from supervisors and colleagues

• Uses and gathers available resources to obtain relevant information and knowledge

• Ensures that information and knowledge used is up to date

• Gains an understanding of departmental/ agency processes and local work area objectives

• Shows an understanding of the occupational health & safety hazards and requirements of the work performed

• Demonstrates a general awareness of OH&S issues, programs and procedures, and performs work activities in a manner consistent with safe procedures

• Understands departmental/ agency processes as they relate to the work of the division, and area goals and objectives

• Maintains knowledge and information necessary to undertake own work

• Liaises with others to understand how they operate and how this affects own tasks

• Applies understanding of operating environment to work effectively in a variety of situations

• Provides advice to others in the area on operational environment to assist their work

• Interprets occupational health and safety processes and procedures, and applies these individually and for the team in undertaking work

• Uses understanding of the operating environment to organise the work of others effectively

• Identifies, builds rapport and networks with other work areas and colleagues in order to support the achievement of divisional plans and objectives

• Seeks to understand workings of other areas and how these impact on own work area within the division

• Responds to change in the operating environment by implementing new systems and processes based on understanding and analysis of divisional plan

• Uses knowledge of own area to contribute to thinking on future direction

• Assesses occupational health and safety needs to meet job requirements

• Identifies and documents problems and refers possible solutions to ensure the safety of the work environment

• Appreciates the responsibilities, legal obligations and limits that apply to the Department/Agency

• Understands and translates strategic documents into project scopes and business activities that support the overall vision of the Department/Agency

• Actively seeks to understand the priorities and interests of various areas and individuals in order to leverage projects

• Contacts colleagues in other areas to gain their perspective and expertise

• Consults experts to gain a broader and deeper understanding of particular issues

• Seeks underlying reasons for a presenting issue, based on knowledge and experience

• Correctly defines resourcing requirements for a specific task based on understanding of operating environment

• Understands the limits and opportunities presented by the Department/Agency, and aims to remove or reduce obstacles to service delivery

• Gathers knowledge from networks, assesses activities in other areas and looks for linkages to support own work area

• Acts in accordance with departmental/ agency principles, even where there are no definitive precedents

• Accurately assesses the evolving organisational climate and develops business plans and activities to support this

• Assesses new approaches or issues as they relate to the organisational framework and provides sound strategic advice

• Uses formal and informal channels to identify trends and developments and gain multiple perspectives on approaches to be used

• Builds a culture of constructive collaboration between divisions and across different Departments/Agencies

• Builds on past developments and identifies, develops and gains commitment to future direction for the Department/Agency

• Understands strategic consequences for emergent trends and developments and applies this to create an effective departmental/ agency response

• Sees long term opportunities for development and enhancement, and develops robust responses to position the Department/Agency to take advantage of these

• Sets and approves occupational health and safety policy and ensures the organisation’s strategic direction and commitment to occupational health and safety

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / takIng ownershIp 15


elements



3 Understands Operational Environment (continued)

• Guides the application of occupational health and safety policy to maximise the consideration of safety issues in the work environment

• Demonstrates an understanding of the interaction of own work area with other areas across the Department/Agency to input into the safety policy development process

• Assimilates and researches safety related information to develop safety policies, procedures, standards and to promote safety policy

• Ensures the implementation and maintenance of the occupational health and safety policy

4 Acts Proactively • Recognises and acts upon current opportunities

• Actively seeks out information and advice for personal development and to solve problems

• Demonstrates a willingness to learn new methods, procedures and systems

• Takes action to overcome current issues, problems, obstacles and barriers to success

• Demonstrates persistence in overcoming barriers

• Demonstrates a high level of curiosity and enjoyment of novel assignments and learning experiences

• Acts on gaps and opportunities identified

• Demonstrates decisiveness in situations where the norm is to ‘wait for further information’

• Responds quickly in a crisis

• Takes action to avoid escalation

• Pre-empts potential problems and takes action to avoid them or minimise their impact on the Department/Agency

• Proactively approaches others in different work areas or divisions to build rapport, seek or provide help, and enhance business relationships

• Modifies approach to different situations based on analysis of what worked and did not work in past situations

• Positions the Department/Agency to capitalise on medium-term opportunities; plans and prioritises actions accordingly

• Challenges established thinking, processes or systems with the long term success of the Department/Agency in mind

• Creates opportunities and minimises potential problems by anticipating and preparing in advance

• Takes action to re-position the Department/Agency; capitalises on future opportunities to deliver positive outcomes or avoid long-term problems

• Identifies and evaluates alternative solutions to problems with respect to internal and external conditions, and acts with conviction to lead implementation of the solution



elements



5 Acts with Integrity • Demonstrates openness and honesty in dealing with others

• Refuses to be party to unethical behaviour

• Conveys interest in what others have to say by acknowledging their perspectives and ideas

• Speaks out in instances where it is ‘the right thing to do’, even if others disagree

• Acts in the best interests of the Department/Agency

• Treats all stakeholders, customers and colleagues positively, without bias or preference

• Accepts the consequences of own behaviour and words at all times

• Understands professional and ethical responsibilities

• Aware of the need to balance responsibilities to the Department/Agency, customers and a wider stakeholder network

• Responds positively and persuasively to negative issues voiced by others

• Admits to past mistakes and accepts responsibility for the consequences

• Leads by example

• Encourages others in the team to approach work with professionalism and integrity

• Confronts behaviours or actions of others which are at odds with integrity and other values, holds people accountable, and initiates and supports corrective actions

• Sees things from others’ viewpoints and understands the reasons for their behaviours and attitudes

• Ensures that actions are consistent with Departmental/Agency values, irrespective of personal values

• Acts as a role model in demonstrating professionalism and integrity at all times

• Consistently emphasises integrity, concern for people and alignment with the organisation’s values and policies

• Cooperatively negotiates with broader teams to gain buy in and build consensus

• Identifies and gains the support of key stakeholders across the Department/Agency by understanding and addressing their goals, needs and concerns

• Acts as a role model and a champion at the highest level for the demonstration of professionalism and integrity at all times

• Challenges behaviours and actions of others where they are not aligned to departmental/ agency values and beliefs

• Reports illegal and unethical behaviour to appropriate authorities and/or management

• Promotes a culture of integrity and professionalism in which people feel comfortable to express their needs and opinions

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / buIlDIng strategIC partnershIps 17

Building Strategic PartnershipsDescription: Networks with both internal and external parties in order to build an in-depth understanding of government structure and key stakeholders, and to foster effective professional

networks and relationships to support the achievement of organisational goals.

elements



1 Understands Government Structure and Key Stakeholders

• Demonstrates a basic knowledge and understanding of the formal Department’s/ Agency’s and government structure, and the wider community

• Demonstrates a knowledge and understanding of the formal Department’s/ Agency’s and government structure, and the wider community

• Recognises key stakeholders and decision influencers

• Demonstrates a knowledge and understanding of the formal and informal Department’s/Agency’s and government structure, and the wider community

• Demonstrates a solid understanding of the different roles comprising various tiers of government

• Demonstrates a knowledge and understanding of organisational systems and processes, and promotes an understanding of the Department’s/Agency’s and government structure, and the wider community

• Demonstrates an in-depth understanding of the different roles comprising various tiers of government

• Researches and assesses community and industry needs

• Researches other Departments/Agencies initiatives

• Demonstrates a knowledge and understanding of the Department’s/ Agency’s objectives and its interactions with the external environment

• Demonstrates an extensive understanding of the different roles comprising various tiers of government

• Analyses trends and issues within the industry and wider community to adjust plans and directions accordingly

• Ensures the team is responsive to the needs, concerns and perspectives of key stakeholder groups

• Monitors and communicates internal and external directions which affect the Department’s/ Agency’s performance

• Plans strategies to influence stakeholders that are critical to the Department’s/Agency’s success

• Creates connections between stakeholder groups to build understanding and community of interest for the Department’s/Agency’s work

18 buIlDIng strategIC partnershIps / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

building strategic partnerships continued

elements



2 Builds Relationships and Networks

• Routinely uses own network of contacts to aid the pursuit of work goals

• Builds relationships and maintains rapport with colleagues

• Makes informal contact with a variety of internal and external stakeholders, with the intention of developing relationships

• Initiates and participates in activities or outings designed to improve rapport and relationships

• Listens to and appreciates the views and needs of partners and builds harmony and consensus through the diplomatic handling of disagreements

• Regularly looks for ways to keep in touch and collaborate with key players

• Uses relationships to seek information of strategic importance

• Uses a range of references and professional networks to provide input and assist in research and analysis

• Uses external networks to position the division and Department/Agency favourably

• Actively maintains a network of influential stakeholders and cross-Agency/Departmental contacts

• Builds strategic networks and forms partnerships for the long term benefit of the Department/Agency

• Manages risk, benefits and priorities of the Department/Agency to deliver effective results

• Identifies emerging stakeholders that will have a significant impact on the Department/Agency, and develops mutually beneficial relationships

• Actively promotes a cross-Agency/Departmental view in developing solutions

• Strategically positions multiple contacts in partner departments and agencies, to build relationships for the long term benefit of all affiliated Departments/Agencies

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / the CapabIlItIes: DIreCtIon 19

NSW Public Sector Capability Framework – the Capabilities: Direction

leaDershIp

– Develops and Communicates Vision

– Inspires and Motivates

– Creates and Develops Culture

– Manages Change (overlaps with Initiates Change)

management

– Manages People

– Plans for Outcomes

– Financial Management and Governance

– Manages Strategically (overlaps with Thinks Strategically)

20 leaDershIp anD management / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Leadership and ManagementDescription: Creates a sense of need to achieve organisational goals in line with a clear overall vision through planning, managing performance, motivating people and role modelling desired

behaviours.

elements


transactional level operational level tactical level strategic level

1 Develops and Communicates Vision

• Communicates the vision to the team

• Actively supports the vision

• Encourages constructive feedback on the emerging vision

• Develops plans and strategies to address anticipated demand and the external environment

• Contributes to the development of the vision through consultation, with stakeholders and research

• Create a vision/picture of the Department/Agency and its future that directs and inspires the workforce

• Communicates the vision and gains support for the vision from relevant stakeholders through consultation and negotiation

• Regularly reviews the vision in light of trends, opportunities and the strategic direction of the public sector and Government

2 Inspires and Motivates

• Invests time to mentor individuals to keep them motivated and energised

• Encourages staff to seek challenges and strive to reach their full potential

• Creates opportunities for individuals and teams and appropriately empowers them to achieve

• Adapts leadership style to staff’s confidence and capability levels.

• Undertakes planned and structured initiatives to develop team members

• Acts as a role model to team members in demonstrating enthusiasm, passion and dedication

• Develops a detailed understanding of other’s motives and uses this to encourage commitment to the organisation’s goals

• Demonstrates personal ownership and commitment to the vision and goals

3 Creates and Develops Culture

• Values and fosters workforce diversity

• Encourages open and honest feedback

• Encourages individuals to be accountable for actions and decisions

• Readily provides support to others in and external to the team

• Sets an example for others

• Positions the work group/team to seize opportunities and minimise threats

• Encourages appropriate risk taking

• Takes personal accountability for actions and decisions

• Provides constructive feedback where appropriate

• Uses knowledge of the Department/Agency to tailor approaches to different issues

• Encourages debate and ideas from across hierarchy, skill sets and stakeholders

• Demonstrates commitment to the organisations vision and goals

• Maintains appropriate and effective communication with external stakeholders

• Promotes the development of an adaptive and responsive work culture across the area

• Builds a performance oriented culture within the organisation by aligning systems to performance

• Takes tough decisions when required to send out the right messages about performance

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / leaDershIp anD management 21

leadership and management continued

elements



3 Creates and Develops Culture (continued)

• Demonstrates a concern for personal credibility

• Emphasises integrity, concern for others and NSW Public Service values

• Holds self accountable for achieving results

• Applies appropriate discretion, maintains confidentiality

• Demonstrated emotional maturity, cultural awareness and flexibility when dealing with individuals and situations

• Recognises when situations directly or indirectly conflict with professional ethics

• Models and promotes behaviour and values consistent with the organisations expectations and Public Service standards

• Encourages and support work-life balance and well-being of others

• Fosters dialogue on organisational values and ethics

• Applies appropriate discretion, maintains confidentiality and political sensitivity when representing the organisation

• Creates an open, positive environment to stimulate open discussion

• Encourages creative tension and diversity of opinion. Recognises when directives directly or indirectly conflict with professional ethics

• Demonstrates commitment to the organisations vision and goals

• Develops and sustains a positive image and profile of the organisation

4 Manages Change • Evaluates current procedures and practices and recommends improvements

• Monitors the change process and ensures others are clear about the change

• Anticipates change and plans for it

• Openly supports change

• Demonstrates an awareness of the affect of change on others

• Responds positively & effectively to unexpected change

• Assists other to adapt to change effectively dealing with resistance

• Encourages new ideas

• Actively seeks out improvements to existing products or services in a structured way

• Initiates change where required

• Actively consults with others affected by the change

• Develops and communicates a clear view of the desired outcome

• Allocates appropriate resources to the change process

• Assists teams to develop a clear understanding of impending changes

• Measures the progress of change

• Proactively manages potential conflict

• Evaluates internal and external trends and recommends changes to products or services

• Plans and successfully manages significant change

• Translates the change agenda into strategic and operational plans

• Looks externally for opportunities for change/improvements

• Is prepared to champion radical change

• Is sensitive to developments in the political and external environment and plans change for the Department/Agency to position well in relation to those changes



elements



5 Manages People • Manages in a fair, consistent and unbiased way

• Proactively gives feedback

• Promptly addresses poor performance

• Appraises staff regularly

• Encourages and motivates the team to do their best

• Encourages learning and development

• Leads by example

• Recognises mistakes as a learning opportunity

• Openly acknowledges peoples contributions and achievements

• Coaches and mentors team

• Takes action to maintain the effectiveness and productivity of workplace relationships

• Facilitates cooperation in the workplace

• Appropriately delegates work to individuals and assists them to find styles of work that are consistent with organisational values

• Willing to commit resources to other areas to support broader objectives

• Creates and aligns work structures, systems and resources to better achieve objectives

• Revises goals and plans to reflect changing priorities or conditions

• Ensures fairness and openness across the area

• Launches new training and development initiatives

• Identifies skills and performance gaps and takes action to address them

• Promotes workforce participation

• Effectively delegates and empowers employees

• Recognises and uses diversity to enhance organisational effectiveness

• Utilises development strategies and processes to continually improve the performance of staff the enable them to perform effectively in their current role

• Demonstrates the ability to manage and leverage the talents of a diverse team or staff when driving results

• Looks for opportunities to work collaboratively

• Creates a learning culture

• Undertakes succession planning

• Analyses human capital matrices to identify trends or issues and recommends improvements

• Identifies and prioritises future skills development needs.

• Develops initiatives to encourage and promote participation

• Tailors strategies and approaches to suit different situations

• Plans for future work group/team needs and ensures staff are appropriately skilled and developed to meet those needs

• Explores innovative organisational structures, systems and resourcing to deliver the best result

• Seeks out and integrates professional expertise into the Department/Agency to improve overall performance and delivery of business unit outcomes

• Nurtures talent and engages in succession planning

• Empowers managers and others

• Develops and clearly communicates performance standards and expectations

• Articulates a compelling vision for the area that aligns and motivates effort. Builds and leads a positive, diverse and productive organisation

• Seeks to promote broader organisational benefit from approaches that have worked in own area

• Seeks opportunities to work collaboratively across government

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / leaDershIp anD management 23


elements



6 Plans for Outcomes • Plans and allocates resources

• Plans for contingencies when allocating resources

• Assists team to actively plan and prioritise work assignments, ranking them in order of importance, complexity and time requirement

• Sets challenging goals & standards for self and others to achieve

• Achieves results through others

• Sets clear objectives and targets

• Promotes accuracy and efficiency

• Frequently monitors progress and takes corrective action

• Holds people accountable in a respectful way for ensuring quality of their work and minimising errors

• Encourages team members to develop an appreciation and commitment for the goal

• Develops realistic plans for achieving goals, including scope, activities, resources, timing and contingencies and monitors progress effectively

• Identifies solutions to problems

• Develops and communicates specific objectives and tasks from broader strategic goals

• Delivers results, tasks and closure of projects on time, to or under budget and meeting or exceeding expected standards

• Looks for and identifies inefficient or ineffective methods or procedures and takes steps to eliminate or improve them

• Translates broad organisational goals into operational plans

• Scopes projects in consultation with stakeholders

• Determines reporting and evaluation methodologies.

• Makes tough decisions and tradeoffs to maximise the desired outcomes of the Department/Agency and sets clear priorities among major initiatives

• Focuses on the end output rather than the tasks towards it

• Ensures alignment of all functional and operational department business plans to the overall State strategic plan

• Produces a comprehensive implementation strategy including execution plans, budget, follow up plans, assessment and process accountabilities.

• Champions the continuous improvement of work methods, policies and practices by providing needed resources and by emphasising the importance of such initiatives at the right forums

• Engages in flexible resource management and looks beyond the organisation’s boundaries to achieve the optimum resourcing combination

• Is accountable for organisational finance, resource and asset management and/or revenue generating work

• Oversees procurement and manages contracts sensitively and appropriately

7 Financial Management & Governance

• Demonstrates basic proficiency in analysing financial reports and strong skills in drawing inferences.

• Demonstrates a knowledge of contractual issues and how they relate to individual performance

• Understands the risk and liability factors associated with their role and the team

• Exhibits strong skills in financial analysis and reporting to identify and critically analyse trends for the area

• Applies a strong knowledge of quality and risk management techniques

• Demonstrates an in-depth knowledge of budgeting, financial planning and performance tracking to provide tactical direction to achieve financial goals in the Department.

• Understands the requirements of contract negotiation and the associated constraints and provides inputs to facilitate the negotiation process

• Demonstrates expert knowledge of financial analysis in order to provide strategic direction to achieve financial goals.

• Exhibits a strong understanding of various risks and liabilities and appropriate strategic mitigation practices



elements



7 Financial Management & Governance (continued)

• Implements quality and risk management processes

• Demonstrates a working knowledge of contractual commitments pertaining to agreed operational or client performance standards for the area

• Applies a good working knowledge of the risks and liabilities associated with the work area

• Demonstrates an understanding and application of relevant legislation

• Understands the operational risks and liabilities for the area and is able to recommend pre-emptive or corrective action

• Ensure internal and external politics are factored into all decisions and actions

• Develops and promotes frameworks for ethical decision making and policy setting

• Demonstrates a broad understanding and application of relevant legislation

• Demonstrates and applies the governance framework

• Considers the impact for both the organisation and Government are considered in decision making

• Demonstrates an in-depth and significant understanding and application of relevant legislation, and provides advice and guidance to others about its application and interpretation

8 Manages Strategically

• Recognises patterns and trends and draws out key information from complex data

• Translates own area of responsibility’s strategy in a meaningful way for team

• Builds a shared understanding of the goals and targets necessary for successful achievement of strategy for own area

• Condenses complex issues in to clear and understandable goals and targets

• Considers big picture, long term strategic objectives of the Department/Agency, when translating strategy for own area of responsibility into meaningful objectives and targets

• Conceptualises and aligns functional strategy with overall organisational strategy

• Uses information from multiple sources to make critical strategic decisions

• Provides clear direction and priorities and clarifies roles and responsibilities

• Takes the lead in creating a vision for the future of the Department/Agency

• Adopts a long-term view of the Department’s strengths and weaknesses

• Develops and uses effective strategies to guide others towards the accomplishment of strategic objectives

• Decisive in evaluating data while taking decisions with significant impact on the overall organisation

• Analyses the wider business environment to identify issues and opportunities

• Understands the Department/Agency’s connection with whole-of-government and the wider business community

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / the CapabIlItIes: CapaCIty to DelIVer 25

NSW Public Sector Capability Framework – the Capabilities: Capacity to Deliver

projeCt management

– Initiates and Plans

– Builds a Team

– Controls Projects

– Monitors Projects

– Evaluates Projects

CommunICatIon

– Utilises Written Communication Effectively

– Communicates Verbally

– Presents and Facilitates

– Influences and Negotiates

polICy DeVelopment

– Undertakes Research


– Develops Policy

– Reviews Policy

analytICal thInkIng anD problem solVIng


– Solves Problems

– Demonstrates a Systems Perspective

– Uses Initiative and Innovation

– Thinks Strategically

CommerCIal aCumen

– Understands Business Basics

– Applies Commercial and General Economic Knowledge

teChnology

– Uses Computer Systems

– Uses Electronic Systems

ClIent engagement

– Understands Customer Needs

– Ensures Quality Service Delivery

– Resolves Issues

– Strives for Continuous Improvement

– Demonstrates Professional Empathy

teChnICal leaDershIp

– Knows Role and Organisation

– Technical/Occupational/Professional knowledge

– Develops and Maintains Capabilities

– Applies Technical/Professional Expertise

26 projeCt management / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Project Management

Description: Participates in and/or leads successful projects, using strong communication and organisational skills to balance conflicting priorities and manage resources.

elements



1 Initiates and Plans • Support project planning through understanding and adherence to project management methodologies, processes and procedures

• Checks project and deliverable details before commencing work to ensure clarity of purpose

• Contributes to the identification of project deliverables

• Contributes to the development of project schedules and plans

• Contributes to the implementation of project schedules and plans

• Lists project deliverables, constraints and outcomes

• Clearly defines tasks and resource allocation

• Develops project plans and schedules

• Develops project budgets

• Undertakes project quality planning

• Assists with risk analysis and planning

• Contributes to the development of a strategic planning process

• Is able to integrate knowledge from across the business to provide a more complete client service

• Able to recognise the need for a project, and subsequently initiates it and sees it through to conclusion

• Guides the development of project scope and definition activities

• Directs project scope

• Defines the project context

• Develops project budget/s

• Determines project risk

• Coordinates internal and external environments

• Displays exceptional organisational, creative, motivational and interpersonal skills required by complex projects

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / projeCt management 27

project management continued

elements



2 Builds a Team • Actively contributes to the project

• Supports a project team

• Adjusts priorities in response to changing circumstances and to minimise last minute emergencies

• Contributes as a member of a project team

• Is clear about own role and responsibilities within the project

• Reacts positively to changes in project scope

• Self-sufficiently organises and manages own workflow and priorities

• Works towards achieving agreed deadlines, seeking support from colleagues in advance where necessary

• Takes responsibility for own part of the project and sees the project tasks through to completion

• Assists with determining human resource requirements

• Actively seeks the views and opinions of team members

• Contributes to team building

• Contributes to developing communication plans

• Provides clear communication to key stakeholders on project accountabilities, goals, progress and measurable business impact

• Builds a project management culture bringing together, motivating and successfully managing multi-functional project teams

• Assesses teams skills and takes steps to address gaps

• Leads a project team

• Motivates team members for excellent performance

• Encourages innovation and creativity

• Cultivates a cohesive team.

• Conducts information management activities

• Assertively communicates with stakeholders

• Maintains engagement and motivation

• Directs human resources and responsibility assignment

• Leads project teams

• Manages teams’ performance

• Plans project communications

• Directs project communications

• Assesses communication management outcomes

• Manages and negotiate conflict to achieve project outcomes

28 projeCt management / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

project management continued

elements



3 Controls Projects • Is aware of time and budget constraints within projects

• Alerts immediately upon discovery of potential problems

• Is responsible for meeting time, budget and quality on parts of the project

• Controls human and financial resources

• Conducts quality planning activities

• Conducts risk management activities

• Applies project scope controls

• Manages contracts

• Manages project delivery

• Directs scope change activities

• Ensures project is integrated and consistent with other projects; does not work in isolation

• Implements scope controls

• Integrates all project functions

• Implements project governance systems

• Negotiates/manages contracts

4 Monitors Projects • Understands the need to measure and monitor level of performance

• Responds positively and participates in seeking out areas requiring corrections

• Implements project quality assurance processes

• Assists other in measuring progress by communicating clearly on performance/progress indicators

• Measures progress and produces progress reports

• Monitors project budget and contributes to the budget reconciliation process

• Contributes to the continuous improvement process

• Picks up the pieces of projects which are going wrong and corrects them

• Implements project monitoring frameworks

• Oversees project monitoring frameworks

• Manages project reporting

• Recognises when a project is flawed and should not proceed further and argues the case convincingly

5 Evaluates Projects • Provides basic feedback after project close

• Provides feedback (what went well, what could have been done differently) after project close

• Encourages others to provide feedback after project close

• Participates in the evaluation of outcomes.

• Organises and records feedback

• Drafts recommendations for process change

• Implements project evaluation frameworks

• Ensures feedback is recorded and processes are modified

• Oversees project evaluation frameworks

• Evaluates project outcomes

• Draws lessons from project for continuous improvement

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / CommunICatIon 29

Communication

Description: Listens, interprets and conveys information in a clear and accurate manner, provides timely delivery of information and selects the most appropriate method of communication.

elements



1 Utilises Written Communication Effectively

• Writes basic letters and emails which provide information on routine matters

• Uses appropriate templates, forms and formats for job role

• Uses clear, concise and grammatically correct language

• Treats sensitive information appropriately when drafting documents

• Writes standard correspondence, including emails, meeting minutes and simple or routine reports

• Structures written communication in a logical manner

• Utilises content which is appropriate to the purpose and audience

• Produces easily understood documents which meet the needs of their intended purpose

• Ensures quality by thorough checking of documents before distribution

• Prepares business correspondence, including emails, public communication documents, and reports based on work-related knowledge

• Produces documents containing information necessary to achieve their purpose

• Constructs logical and fact based arguments, decisions and recommendations based on understanding, research and analysis

• Utilises a good understanding of Freedom of Information and Privacy obligations when drafting correspondence and reports

• Develops operational guidelines, complex technical reports, briefs and correspondence on program or organisational issues, and project scopes for the immediate work area

• Produces reports and recommendations which are evidence-based, clearly argued and concise, and provide a sound basis for decision making

• Clearly explains and illustrates concepts in an appropriate style and manner

• Reviews written work of others and provides comments and advice to ensure documents contain necessary information and meet audience needs

• Prepares project briefs consistent with the business plan, advanced technical reports, policy options and advice on complex issues, and service plans and delivery standards for area of responsibility

• Develops concepts logically and concisely, and constructs clear arguments to support preferred position or outcome

• Develops high level policy frameworks, program development documents, local business plans and service delivery models

• Briefs on highly complex issues, provides authoritative technical reports, and advice to senior levels of the Department/Agency, wider government, and senior external stakeholders

• Develops briefs and recommendations which carefully balance competing ideas and argue soundly for a preferred course of action, based on advanced expertise, breadth and depth of knowledge of the issues, and broader organisational context

30 CommunICatIon / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Communication continued

elements



2 Communicates Verbally

• Speaks clearly and concisely when explaining information, and actively listens to responses

• Gains required skills and knowledge of own work to give and receive basic information

• Uses a polite and considerate manner when dealing with others

• Reviews own verbal communication efforts

• Clearly conveys decisions affecting clients and team members and demonstrates empathy

• Confidently explains rules, procedures and operational policies to team members, individual clients, and small groups

• Takes onboard feedback and summarises comments to check for understanding

• Accurately shares work-related information with team members to contribute to achieving work goals and seeks clarification where necessary

• Firmly, but politely addresses people during difficult or stressful events

• Uses questioning to uncover facts and understand other’s point of view

• Constructs and delivers logical chains of facts, opinions and arguments

• Confidently conveys ideas and information in a clear and interesting manner

• Actively develops persuasion and bargaining tactics in a variety of situations to achieve an end

• Modifies verbal delivery depending on the audience and the setting

• Constructs and delivers persuasive, fact based arguments in a variety of forums, listens to counter arguments, and provides effective responses

• Questions and listens in order to understand underlying motivations and construct effective arguments

• Conveys difficult or sensitive information in a tactful, respectful yet firm manner

• Able to explain complex concepts in such a way as to be understood by the target audience

• Skilfully develops scripts and presentations to a range of audiences on specific projects and initiatives

• Models good verbal communication techniques to the team

• Builds appropriate rapport through verbal interaction

• Provides clear instructions to team members and seeks honest feedback

• Diffuses tense situations comfortably

• Uses diplomacy and tact to negotiate in difficult decisions and situations

• Able to effectively discuss complex concepts with other expert stakeholders

• Creates long lasting relationships built on effective communication and trust, with internal and external stakeholders and clients

• Has a clear understanding about the appropriate stakeholders to communicate sensitive information to

• Constructs conclusive arguments in a dynamic and unplanned environment

• Negotiates firmly and tactically in sensitive or difficult situations with senior internal and external stakeholders

• Facilitates and encourages collaboration across different levels of the organisation and sector

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / CommunICatIon 31

elements



3 Presents and Facilitates

• Understands the basic principles of effective presentations

• Prepares and delivers short presentations to small groups using clear language and aids such as PowerPoint and handouts

• Uses graphics and other visual aids to clarify information

• Promotes consultative discussion on subject matter and gathers feedback

• Accepts feedback on subject matter and takes action to address this, or refers to supervisor

• Develops presentations suitable for a range of audiences and settings

• Logically explains complex process information to audience and checks for understanding

• Constructs information to promote a particular viewpoint

• Gathers and accurately summarises audience views during the presentation

• Innovatively creates presentations using a variety of delivery methods

• Constructs arguments to lead audience to a shared conclusion

• Anticipates problem areas in presentation and prepares responses ahead of time

• Adjusts presentation style to suit the audience and mood

• Effectively manages consultative processes in a group or forum

• Deals well with difficult and sensitive topics

• Provides space and encouragement to enable participants to voice views

• Methodically prepares a range of responses to anticipated problem areas

• Makes a positive impression on others and comes across with credibility

• Presents in a persuasive way and holds audience attention

• Confidently deals with criticism or dissent and provides effective rebuttals to objections

• Delivers influential presentations to a senior audience (such as a tribunal)

• Confidently changes tactics mid-presentation based on perceived audience reception

• Facilitates audience dialogue and gathers and synthesises audience views to provoke further discussion

• Moves audience towards a shared conclusion

• Confidently presents strongly reasoned arguments to a senior stakeholder audience holding competing priorities and views


32 CommunICatIon / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet


elements



4 Influences and Negotiates

• Uses skills to reach agreement on own work schedules and priorities with clients, stakeholders and supervisor

• Outlines benefits and drawbacks of particular courses of action, based on rules and guidelines

• Relies on facts to support recommendations

• Uses direct, logical persuasion in a discussion or presentation by appealing to reason and by using concrete examples, facts and figures

• Undertakes straightforward negotiations around timelines for delivery of service, for both internal and external stakeholders

• Convinces others of the appropriate course of action based on knowledge and experience

• Establishes trust with stakeholders and works to understand their needs

• Gathers and considers information from others and develops persuasive arguments to address issues raised

• Appeals to precedents and commonly held views and beliefs to advocate own viewpoint

• Concedes points gracefully while maintaining focus on the overall goal

• Is able to win concessions without damaging relationships

• Anticipates and prepares for others’ reactions based on an understanding of their perspectives and concerns

• Uses expertise in the area to gain respect from peers and stakeholders

• Plans, negotiates and implements a course of action to achieve a specific outcome

• Assesses situations and knows when to be direct, forceful or diplomatic

• Motivates stakeholders by appealing to their needs

• Conveys complex concepts to stakeholders in an accessible way to promote underlying trust

• Understands informal networks and the broader hierarchical context, and uses this understanding to get things done

• Applies leadership and management expertise to influence the work of others and negotiate performance levels

• Understands stakeholder issues and develops arguments to effectively address these

• Uses relationships at peer and senior levels to gain support for ideas behind the scenes

• Exerts direct influence to achieve outcomes

• Partners stakeholders to identify opportunities for improvement and broker solutions

• Enlists assistance from experts and other third parties to strengthen a case

• Uses influence to build support and move stakeholders in new directions

• Influences and negotiates with very senior stakeholders, such as Minsters

• Negotiates from a position of strength in highly complex and contentious situations

• Settles differences with minimum disruption

• Carefully plans and implements complex influencing strategies to get key internal and external stakeholders on board

• Strategically involves third parties or experts to strengthen a case

• Negotiates in high risk and ad hoc situations to resolve differences and achieve program outcomes

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / analytICal thInkIng anD problem solVIng 33

Analytical Thinking and Problem Solving

Description: Identifies and analyses situations and/or issues, considers options, develops solutions, and decides on, implements and monitors appropriate solutions.

elements



1 Undertakes Analysis

• Breaks problems into simple lists of tasks or activities

• Employs a methodical, logical approach when analysing all data and pays attention to detail

• Builds knowledge and awareness of information sources to aid research and analysis

• Identifies the cause and effect relationship between two aspects of a situation

• Separates situations into two distinct parts and is able to outline pros and cons

• Prioritises tasks and activities

• Interprets data and legislation

• Applies specific technical knowledge or expertise to research analysis

• Presents research findings in an honest, clear and comprehensive manner

• Breaks down tasks into manageable parts in a systematic way

• Applies sophisticated information and data analysis techniques

• Considers data from numerous sources to make informed conclusions and recommendations

• Evaluates the significance of data and uses it as the basis of recommendations

• Identifies likely causes and consequences

• Applies complex analysis

• Makes multiple causal links and considers several potential causes of events

• Considers several consequences of actions

• Analyses relationships among several parts of a problem or situation

• Anticipates obstacles and exercises forward thinking to next steps

• Adds value to the analytical process through the compilation, evaluation and analysis of information and professional input

• Develops a preferred option based on context and strategy

• Identifies multiple elements of a problem and breaks down each of those elements in detail, showing causal relationships between them

• Uses several analytical techniques to break complex problems into component parts

• Uses several analytical techniques to identify several possible solutions, and evaluates the value and benefits of each

34 analytICal thInkIng anD problem solVIng / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

analytical thinking and problem solving continued

elements



2 Solves Problems • Resolves problems where the solutions are clear-cut and are selected from a defined set of closely specified options. Seeks guidance if solution is not obtained

• Applies basic understanding of processes and practices to simple problems arising in own work and applies these to finding solutions

• Knows when to make decisions independently, and when to gain the input of others before making decisions

• Uses experience and knowledge of work area to assist in the development of solutions for day-to-day problems

• Identifies work problems, uses problem solving techniques to resolve day-to-day problems

• Considers the background and cause of problems when seeking solutions

• Seeks guidance and advice if further information is required

• Refers problems that remain unresolved, and makes recommendations

• Implements and adjusts solutions when endorsed by manager

• Seeks all relevant information on problem to assist in development of solutions

• Checks assumptions and investigates problems and facts

• Considers problems from the perspective of others to ensure solutions are robust

• Monitors activities, identifies, analyses and resolves problems by considering a range of options within a particular area of technical/ professional/specialist expertise

• Instructs and guides others in the process of resolving problems

• Monitors the work area, identifies potential problem areas and considers multiple options and expert advice in the process of resolving work problems

• Undertakes advanced problem solving based on specialist knowledge and expertise

• Delegates responsibilities, reviews outcomes and follows-up with recommendations relating to new procedures, the allocation of resources, and/or expert advice

• Liaises with stakeholders to gather relevant information

• Develops a range of solutions and tests likely outcomes

• Monitors programs, identifies potential problems at a divisional level and collates internal and external information to develop appropriate response(s)

• Implements solutions through delegation, including schedule changes, adaptations in resource allocation, budgeting and recommendations for procedural or structural changes that have an organisational impact

• Defines the methodology to be used in addressing problems

• Evaluates solutions pre and post implementation based on likely business impact and advises on alternate actions accordingly

• Considers contingency plans to problem solving initiatives

• Reviews, identifies and recommends solutions to problems which have Department/Agency wide impact

• Recommends policies, plans, and strategies and implements these throughout the Department/Agency

• Creates policy frameworks and strategic initiatives that impact on programs or major functional areas

• Consults widely and encourages joint ownership in solutions developed

• Takes multiple and sometimes unquantified or intangible variables into consideration in developing solutions

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / analytICal thInkIng anD problem solVIng 35


elements



3 Demonstrates a Systems Perspective

• Focuses on understanding the immediate system of work and sees how processes fit together

• Understands the processes in the work area and how they interact

• Understands the specific short term implications of a particular course of action

• Makes changes to improve effectiveness of own work program based on this understanding

• Seeks information about relevant systems necessary to fix work problems

• Contributes ideas to improve the overall effectiveness of the team

• Undertakes research and analysis on systems of work under direction, and prepares simple reports

• Knowledgeable about the systems of work in the Department/Agency

• Understands how various processes within the organisation integrate

• Recognises components of a system and their interactions

• Uses understanding of the functions of the work unit and other contributing units to achieve outcome of local objectives

• Makes changes to systems of work to improve efficiency and linkages with other areas and functions

• Researches work based issues and prepares reports for others

• Identifies and understands the long term impact of particular courses of action on the department’s business objectives

• Leads teams to analyse systems of work and develop solutions effectively

• Designs innovative practices, processes and procedures which implement systems effectively and minimise negative flow-throughs

• Understands the organisational environments, internal and external linkages and how these support overall objectives

• Understands systems thinking methodologies and applies these in the workplace

• Designs and delivers effective systems for the business unit

• Diagnoses trends, obstacles and opportunities in the internal and external environment

• Identifies opportunities to link disparate systems and improve functionality

• Considers systems of work from a variety of viewpoints to develop options

• Conceptualises and defines the systems operating within the functional areas

• Champions organisational frameworks for developing and measuring systems

4 Uses Initiative and Innovation

• Recognises and reacts to present opportunities

• Considers problems and situations from different angles

• Identifies what needs to be done and takes action before being asked or required to do so

• Prepares in advance

• Takes independent action to change the direction of events

• Acts with a sense of urgency in situations in which the norm is to wait for the problem to resolve itself

• Develops back up and contingency plans

• Anticipates and takes action to create opportunities or avoid future crises, within the medium term

• Voluntarily participates in activities aimed at contributing to the Department/Agency’s success

• Anticipates and takes action to create opportunities or avoid future crises, within the long term

• Thinks ‘outside the boundaries’ or apparent limitations of the situation to develop solutions or more effective ways of operating

• Uses judgement and complex analysis on organisational issues to create new concepts and approaches not obvious to others

• Establishes a creative environment as an essential component of business development

36 analytICal thInkIng anD problem solVIng / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet


elements



4 Uses Initiative and Innovation (continued)

• Acts quickly and decisively in a crisis or other time sensitive situation

• Welcomes ideas from other team members

• Anticipates and takes action to create opportunities or avoid future crises, within the short term

• Seeks detailed plans for all new actions proposed by the team, and carefully monitors progress with a view to avoiding mistakes and limiting risk

• Encourages imaginative and novel solutions to problems

• Encourages others to develop different problem solving approaches and works with them on implementation

• Proactively encourages others to strengthen their creative energies and skills by providing training and other development opportunities

• Gives others space and time to test out new ways of doing things

• Transmits enthusiasm and trust in others, creates an open environment where others feel able to experiment

• Takes intelligent risks and commits resources for pursuing innovative ideas

5 Thinks Strategically • Uses simple rules and common sense to identify issues

• Contributes ideas and perspectives

• Possesses knowledge of the business unit objectives

• Understands the Department’s/Agency’s strategic vision and objectives, and how own work and team contributes to this

• Modifies own work to ensure it aligns with work unit objectives

• Makes contributions to changes in local work practices that align with objectives

• Identifies team goals linked to work area objectives and develops, agrees, and guides team priorities and strategies required to meet these goals

• Contributes to strategic responses and considers the implementation strategies

• Recognises patterns and trends and draws out key information from complex data

• Translates own area of responsibility’s strategy in a meaningful way for team

• Builds a shared understanding of the goals and targets necessary for successful achievement of strategy for own area

• Utilises a knowledge of strategic planning approaches and techniques relating to the work area

• Uses knowledge and expertise to contribute to strategic development in the field

• Condenses complex issues in to clear and understandable goals and targets

• Considers big picture, long term strategic objectives of the Department/Agency, when translating strategy for own area of responsibility into meaningful objectives and targets

• Clearly explains linkages between activities and business objectives to staff and gains their support

• Develops measures to track progress against strategic business objectives and assess outcomes

• Conceptualises and aligns functional strategy with overall organisational strategy

• Uses information from multiple sources to make critical strategic decisions

• Provides clear direction and priorities and clarifies roles and responsibilities

• Contributes to strategic planning at an Departmental/Agency level and is responsible for business plan development and implementation

• Creates and drives breakthrough strategies and plans to deliver on strategic priorities

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / teChnology 37

Technology

Description: Operates computer hardware and software, departmental systems and electronic systems effectively.

elements



1 Uses Computer Systems

• Uses computer systems at a basic level

• Understands and accepts policies and procedures related to the use of computer systems.

• Uses computer systems at an intermediate level

• Understands and accepts policies and procedure related to the use of computer systems and is able to explain the requirements to others.

• Uses computer systems at an advanced level.

• Demonstrates a detailed knowledge of applications relevant to the work processes in the area.

• Demonstrates an in-depth understanding of technology applications to identify and recommend the most efficient manner of performing the processes.

• Exhibits a detailed understanding of the relevance of technology and applications sufficient to present options for using technology to increase productivity or efficiency.

2 Uses Electronic Systems

• Uses electronic systems at a basic level (i.e. photocopier, printer, telephone system, fax, binding machine, shredding machines, laminators, PDAs, mobile telephones).

• Uses electronic systems at an intermediate level

• Understands and accepts policies and procedure related to the use of electronic systems and is able to explain the requirements to others.

• Uses electronic systems at an advanced level.

• Uses electronic systems to increase the speed of tasks and reduce errors in work processes

• Demonstrates an in-depth understanding of electronic systems to improve efficiency and productivity of work processes and methods

• Exhibits a detailed understanding of the relevance of electronic systems to present strategic options for using the technology Departmental/Agency wide to improve service delivery

38 teChnICal leaDershIp / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Technical Leadership

Description: Applies and improves specialised technical knowledge, skills and judgment to achieve outcomes.

elements



1 Knows Role and Organisation

• Demonstrates an understanding of own work area

• Demonstrates an understanding of what is expected of them and how their work affects other team members

• Understands technical/procedural aspects of one’s job

• Demonstrates an understanding of one’s role in the context of their area and department

• Demonstrates an understanding of the team’s roles

• Demonstrates an understanding of other departments/agencies in the context of their area

• Demonstrates an understanding of the policies and procedures required to ensure efficient delivery

• Demonstrates a good understanding of the whole-of-government

• Understands and consistently applies professional standards and organisational policy and procedures

• Demonstrates a good understanding of whole-of-government operations and seeks links with own job

• Has a detailed understanding of the whole of government and updates self on industry initiatives

2 Technical/Occupational/Professional Knowledge

• Understands and utilises work instructions, procedures and documentation in own area to meet expected standards

• Displays sound knowledge of information technology applications relevant to the role sufficient to meet performance standards

• Displays in-depth knowledge of applications relevant to the role sufficient to meet performance standards

• Knowledge and acceptance of standards, legislation, policies and procedures relevant to the role

• Demonstrates a good knowledge and acceptance of standards, legislation, policies and procedures relevant to the role

• Ensures staff are informed of legislation, standards, regulations and policies and procedures that apply to their work

• Demonstrates an excellent knowledge of standards, legislation, policies and procedures relevant to the role

• Demonstrates expert knowledge of standards, legislation, policies and procedures relevant to the role

• Interprets organisational programs, procedures and policies to operational requirements

• Makes a significant contribution to their area of expertise

• Acknowledged as subject matter expert

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / teChnICal leaDershIp 39

technical leadership continued

elements



3 Develops and Maintains Capabilities

• Willing to learn and take up new learning opportunities

• Keeps up to date with changes in technology and processes

• Keeps up to date with policy and procedural changes

• Acknowledges when they don’t know something

• Continuously builds knowledge, keeping up-to-date on the professional/technical or procedural aspects of the job

• Keeps up-to-date on current research and technology in the industry and one’s own professional field

• Encourages staff to interact with fellow professionals and professional associations

• Provides staff with professional development opportunities

• Actively seeks to broaden skills and knowledge

• Advocates technical excellence

• Supports technical and professional learning

4 Applies Technical and Professional Expertise

• Uses technical knowledge to produce results

• Follows detailed procedures

• Understands and interprets instructions

• Adapts core techniques to the organisational environment

• Applies professional and occupational knowledge to immediate work tasks

• Willingly shares knowledge with others

• Documents information and shares knowledge

• Conveys timely work-related instructions and guidance

• Thinks of ways to apply new developments to improve organisational performance or customer service

• Expresses concepts with precision and clarity

• Demonstrates strong technical skills and knowledge and is able to disseminate and/or train the team

• Draws on skills and experience and applies it to the work environment

• Communicates technical concepts to non-technical audiences

• Resolves/contributes to resolving technical problems

• Provides authoritative advice

• Coaches and mentors others

• Makes self available to others to help solve professional/technical or procedural problems or issues

• Provides highly accurate influential technical advice

• Translates technical issues into business terms which are relevant and easily understood

40 polICy DeVelopment / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Policy DevelopmentDescription: Leads or participates in policy development through consultation, stakeholder engagement, scoping needs, development, implementation and review.

(Please note that there is an “Undertakes Analysis” capability in the “Analytical Thinking and Problem Solving” section).

elements



1 Undertakes Research

• Assists with basic data collection

• Collects data, undertakes basic research

• Understands what the information will be used for

• Actively develops a wide range of contacts for conducting research

• Simplifies data so that others can rapidly assimilate it

• Knows when and how to seek external expertise.

• Directs others in their research

• Actively consults with other agencies

• Convenes and facilitates steering committees for the development of policy

• Compiles and synthesises research completed by others

• Exhibits strong proficiency in developing and maintaining networks at the highest levels in government and industry forums in order to seek opportunities to participate and influence the policy formulation process of the government

• Identifies issues requiring a policy response

2 Develops Policy • Creates basic documents using appropriate templates

• Organises written work in a manner that is clear and easy to follow

• Uses vocabulary that is appropriate to the audience

• Contributes to the development of policy in a team environment

• Liaises with external clients & stakeholders

• Effectively delivers message to own area of responsibility as well as to cross-functional audiences, formally and informally, by providing both the big picture understanding and illustrating important linkages

• Independently drafts policy

• Demonstrates a broad appreciation of the whole-of-government impact

• Demonstrates an awareness of political implications of policy being developed

• Provides supervision and support to other individuals

• Effectively conveys difficult or complex material in an easy to understand style and manner

• Leads a team in the development of policy

• Actively contributes as part of team to the development of whole-of-government policy

• Identifies performance measures, timelines and key deliverables

• Clarifies responsibilities for implementation

• Leads one or more teams in the development of policy

• Adequately resources policy development teams

• Delivers persuasive, high-impact messages internally and externally through an in-depth understanding of the audience, purpose and intended outcome of message and best method for convincing delivery

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / polICy DeVelopment 41

policy Development continued

elements



2 Develops Policy (continued)

• Articulates thoughts with clarity and conviction

• Responds positively to editorial feedback and can modify outputs to reflect this feedback

• Separates opinion from fact in recommendations

• Integrates client/stakeholder feedback into policies as appropriate

• Ensures government policy principles and standards are communicated and adhered to

3 Reviews Policy • Monitors policy implementation and highlight areas requiring review

• Seeks feedback from clients/stakeholders

• Actively communicates and engages with senior stakeholders

• Defines and agrees policy performance measures and monitoring arrangements

• Ensures ongoing review and refinement of policy in response to changing circumstances

• Provides guidance and expert advice to others in the development of policy

• Provides expert advice in a specialist area

42 CommerCIal aCumen / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Commercial AcumenDescription: Builds and maintains a wide knowledge and understanding of the business environment and applies commercial expertise including concepts,

processes and strategies to achieve business objectives.

elements



1 Understands Business Basics

• Displays an understanding of basic business functions, terminology and processes

• Displays a sound understanding of the product or service offered by their work area

• Displays a basic understanding of financial, legal, or economic practices

• Understands business terminology

• Displays good understanding of own Department/Agencies’ purpose and objectives

• Understands and applies basic legal, financial & economic concepts to day to day work

• Keeps up-to-date with Government business issues and initiatives

• Maintains an awareness of business & economic trends

• Keeps up to date with legal, regulatory, market and technological developments, anticipates impact on the business area and plans accordingly

• Identifies key business/ commercial success drivers

• Is aware of the potential impact of the external environment and regulations which may impact on the organisation

2 Applies Commercial and General Financial and Economic Knowledge

• Considers costs and efficiency when using resources

• Considers costs and efficiency when allocating and using resources

• Identifies and finds productive uses for under utilised resources

• Actively seeks efficient and less expensive ways to do things

• Assesses, reviews and modifies work practices, procedures, structures and resource allocations to enhance efficiencies

• Understands the relevance of business information to own job and area

• Develops well constructed and justified business plans within the context of the strategic objectives

• Organises and prioritises schedules to best utilise resources

• Creates efficiency savings whilst maintaining levels of superior service

• Undertakes cost benefit and risk analysis to identify short to medium term risks to projects

• Applies a commercial awareness of market forces, cost management, profitability and broader industry issues to everyday work activities

• Considers multiple business factors (e.g. medium term and short term impacts; organisational and financial consequences) when weighing up the merits of alternative strategies

• Undertakes in-depth cost benefit and risk analysis to identify long term commercial viability

• Creates measurable business goals for self/others; develops processes for monitoring progress against bottom-line results

• Understands and applies strategies and techniques to differentiate and/or promote the Department’s/Agency’s services

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / ClIent engagement 43

Client Engagement

Description: Identifies and anticipates the needs of clients, delivers services that meet and exceed client expectations and commits to continuous improvement in planning, process and services.

elements



1 Understands Customer Needs

• Demonstrates an awareness of who the customers are both internally and/or externally

• Actively listens to customers to identify their needs

• Checks that customer needs have been met

• Interprets customer needs

• Demonstrates sensitivity to the differences in the needs of individual customers

• Proactively engages with customers to understand their needs

• Tailors approaches to specific customer needs

• Identifies short term customer service requirements and plans effectively for their delivery

• Interprets changes in internal and external customer needs

• Consults and works with customers to improve their outcomes

• Identifies the longer term customer needs and recommends strategic options for service delivery

• Seeks out visionary, value added services to exceed customer expectations

• Identifies and develops opportunities for mutually beneficial partnerships

2 Ensures Quality Service Delivery

• Understands the level of service required of their role

• Follows established procedures and guidelines for customer service

• Is committed to meeting customer needs

• Keeps customer needs as primary focus and responds to client queries in a polite manner even under situations of high pressure

• Understands the level of service required of their area

• Ensures that quality procedures are followed in providing services

• Monitors the quality of customer service and takes corrective action where required

• Evaluates the effectiveness of customer service techniques and makes recommendations for changes where appropriate.

• Coordinates activities of others to enhance service delivery

• Researches and assesses customer needs to anticipate their requirements

• Builds strong customer relationships resulting from advanced service provision

• Coordinates service steps involving multiple providers and ensures stakeholder satisfaction

• Recommends the type and level of service required to deliver to the customer

• Allocates appropriate resources to allow the efficient and effective delivery of customer service.

• Monitors and directs the delivery of customer service within a division

• Makes recommendations as input into the development of customer service policy and strategies

• Ensures the quality of customer service throughout the area including the setting of customer service policy, procedures and standards for the area to support broader strategic customer service objectives

• Contributes to the negotiation of customer service agreements/contracts

• Monitors the delivery of customer service across the area

44 ClIent engagement / NSW Public Sector Capability Framework / NSW Department of Premier & Cabinet

Client engagement continued

elements



2 Ensures Quality Service Delivery (continued)

• Learns and understands service delivery standards and aims

• Uses understanding of stakeholders organisational context to tailor services appropriately

• Coordinates a range of services and develops and encourages seamless transitions between different service types

• Negotiates with internal and external stakeholders on service delivery issues in line with Department/Agency aims and objectives

• Balances service quality and costs to ensure a consistent service delivery

• Develops and coordinates departmental and organisational strategies for the provision of quality customer service

3 Resolves Issues • Models appropriate and effective behaviour when in conflict situations

• Views concerns and disagreements as problems to be solved, and follows issues through to resolution

• Can identify conflicts and bring them to the open

• Sets goals for resolving issues, and communicates with all parties throughout the process of resolving the conflict

• Determines minimal or ideal conditions of the other party during negotiations

• Personally briefs/assures customers at senior levels that their problems are receiving full attention

• Steps in to influence specifically if the situation begins to get out of hand

• Encourages parties to take a “shared solutions” perspective

• Steps in to influence specifically if the situation begins to get out of hand

• Encourages parties to take a “shared solutions” perspective

4 Strives for Continuous Improvement

• Aims to provide the best service possible in own work

• Reviews own performance, looks at ways to improve service, and discusses suggestions with supervisor

• Always looks for at least one alternative which could improve service delivery for the customer

• Agrees service targets for self and seeks to meet them

• Strives to continually improve the level of service provided to customers

• Understands the reasons behind service improvement initiatives and works to implement these smoothly

• Carries out service performance planning and implements innovative service development approaches based on expert knowledge of the area

• Evaluates the effectiveness of services provided and makes recommendations for improvements

• Looks for connections between different service initiatives and seeks to leverage these to improve overall service delivery

• Develops and initiates services, including approaches and tools to facilitate service excellence

NSW Department of Premier & Cabinet / NSW Public Sector Capability Framework / ClIent engagement 45

Client engagement continued

elements



4 Strives for Continuous Improvement (continued)

• Readily accepts feedback on own performance and seeks to improve service activities

• Agrees service targets for self and seeks to meet them

• Contributes ideas to service improvement projects

• Consults with team members to establish a shared idea of service and encourage them to look for service improvement opportunities

• Monitors and gathers customer and stakeholder satisfaction information

• Conducts service monitoring, analysis and review, and implements service innovation

• Monitors and documents service quality and recommends innovative ways of meeting customer expectations

• Assesses service delivery outcomes and implements improvements in the Department/Agency

5 Demonstrates Professional Empathy

• Demonstrates an awareness of the needs of both colleagues and clients

• Applies an awareness of these needs in undertaking job role

• Applies appropriate sensitivity and interpersonal skill to manage interactions and effectively advocate for client outcomes

• Demonstrates an understanding of both emotion, and what the client is communicating about a business or service issue

• Demonstrates ability to manage own emotional responses when relating to others and maintain suitable role boundaries

• Interacts and responds to others in a personable and professional manner, which is non-judgemental and balances individual with organisational needs

• Understands unexpressed or complex thoughts, concerns and feelings

• Engages key stakeholders and customers to resolve complex service delivery issues

• Makes balanced decisions, taking into account the social, ethical, and people dimensions inherent in customer service practice and policy

• Makes inferences that go beyond explicit content and emotion

• Models respectful and effective approaches in dealing with customers

• Identifies opportunities to strengthen and support teams for ongoing delivery of services, particularly in situations involving complex customer needs

• Displays an in-depth understanding of the ongoing reasons for a person’s behaviour or response

• Understands longer term reasons for behaviour

• Demonstrates and promotes an understanding of the underlying human dimensions, issues and trends in customer service delivery, in order to shape appropriate customer service delivery responses across the Department/Agency

• Provides a powerful role model for the Department/Agency on how to build and maintain a culture of empathy and respect for others

Request for Tender, Part B – Conditions of Tender

Agreement No: 0801624 - NSW Government eRecruitment Solution

PART B Conditions of Tender ....................................................................................... 1 1 Definitions ..................................................................................................................................... 1 2 Tender Preparation ....................................................................................................................... 2 3 Eligibility to Tender ....................................................................................................................... 2 4 Tender Process ............................................................................................................................ 3 5 Evaluation Process ....................................................................................................................... 8 6 Method of Acceptance ................................................................................................................ 10 7 Disclosure Information ................................................................................................................ 10 8 Complaints Procedure ................................................................................................................ 10

ANNEXURE 1 TO PART B (Disclosure of Information).................................................... 11

PART B Conditions of Tender

1 Definitions

Unless the context indicates otherwise, the following terms, where used in Parts A-C of this RFT, shall have the meanings set out below.

“ABN” means an Australian Business Number as provided in GST law.

“Addendum” means an addition to this RFT made by the Board before Closing Date and Closing Time.

“Agreement” means the proposed agreement to be made between the Principal and the Contractor in the form of Part D (and Part E if applicable) to this RFT.

“Alternative Tender” A Non-Conforming Tender that is intended to offer a different method of meeting the object and intent of the requirement.

“Board” - The State Contracts Control Board established under the Public Sector Employment and Management Act 2002 whose responsibilities include:

(a) Inviting and accepting tenders;

(b) Determining the conditions under which tenders are invited or accepted;

(c) Entering into contracts on behalf of the Crown in right of the State of New South Wales; and

(d) On-going contract administration and management, and includes the duly authorised delegates of the Board, including officers of NSW Procurement – Contracting Services.

“Closing Date and Closing Time” means the Closing Date and Closing Time for receipt of tenders specified in the cover sheet of this RFT.

“Code” means the NSW Government Code of Practice for Procurement as amended from time to time, together with any other codes of practice relating to procurement, including any amendments to such codes that may be applicable to the particular RFT. The Code can be viewed and downloaded from: http://www.treasury.nsw.gov.au/__data/assets/pdf_file/0015/1356/code_of_prac-curr.pdf

“Conforming Tender” means a tender that conforms in all material aspects to:

(a) the Statement of Requirements;

(b) the terms and conditions of Part D, and Part E if applicable.

(c) other parts of this RFT, and

(d) is in the prescribed form.

“Contractor” means a tenderer who has entered into an Agreement with the Principal.

“Cost Structure” means the individual tenderer’s cost breakdown in accordance with the number of categories specified in Part C. Such breakdown must equate to 100% of the tenderer’s cost for the supply of the Deliverables.

“Deliverables” means the Deliverables sought under this RFT, as detailed in the Statement of Requirements.

“GST” means a goods and services tax and has the same meaning as in the GST Law.

“GST Law” means any law imposing a GST And includes A New Tax System ( Goods & Services Tax) Act 1999 (C’th) or if that Act does not exist, means any Act imposing, or relating to a GST and any regulation made under those Acts.

http://www.treasury.nsw.gov.au/__data/assets/pdf_file/0015/1356/code_of_prac-curr.pdf



“GST Free Supplies” and “Input Taxed Supplies” have the same meaning as in the GST Law.

“Non-Conforming Tender” means a tender that does not conform in all material aspects to:

(a) the Statement of Requirements;

(b) the terms and conditions of Part D, and Part E if applicable;

(c) other Parts of this RFT;

(d) is not in the prescribed form.

“NSW Procurement - Contracting Services” A business unit of the NSW Department of Commerce representing the Board and authorised to arrange and administer contracts on behalf of the Board.

“Principal” means the party executing the proposed Agreement with the successful tenderer.

“Statement of Requirements” means the detailed description of the Deliverables contained in Part F.

“State Contracts Control Board” is the Board.

2 Tender Preparation

2.1 Tenderer to inform itself

Before submitting its tender, a tenderer must:

2.1.2 Examine all information relevant to the risks and contingencies and other circumstances having an effect on its Tender; and

2.1.3 Satisfy itself:

(a) that the tender, including the tender price is correct; and

(b) that it is financially and practically viable for it to enter into and perform the proposed Agreement.

3 Eligibility to Tender

3.1 Legal Entity of Tenderer

3.1.1 Tenders must be submitted by a legal entity or, if a joint tender, by legal entities, with the capacity to contract. The Principal will only enter into an Agreement with such legal entity or entities.

3.1.2 The Board may ask a tenderer to provide evidence of its legal status or capacity to contract. If tenders from entities propose to contract in their capacity as trustees, such evidence may include copies of the relevant trust deeds. Any evidence requested is to be provided within 3 working days of the request.

3.2 Financial Capability of Tenderer

3.2.1 The Board reserves the right to reject any tender if the Board judges the tenderer not to have appropriate financial capability.

3.2.2 Where the Board forms the view that the tenderer does not have the appropriate financial capability, the Board reserves the right to make acceptance of any tender conditional upon the tenderer entering into a bank, parent company or personal guarantee, or an unconditional performance bond in a form satisfactory to the Board.

3.3 ABN Requirements

3.3.1 The Principal will not enter into an Agreement with a company that does not have an Australian Business Number and is not registered for GST. Normally, tenderers must be registered for GST and state their ABN in their tender.

3.3.2 Tenders from tenderers that do not have an ABN and/or are not registered for GST, such as tenderers commencing business in Australia, may be considered at the Board’s discretion if the tenderer demonstrates that it will obtain an ABN and GST registration before entering into an Agreement with the Principal. Such tenderers must state how and when they intend to obtain an ABN and register for GST in their tender response.

4 Tender Process

4.1 Tenderer Briefing

4.1.1 A tenderer briefing will be held on the date, time, and place, indicated below. The contact officer/s of NSW Procurement – will be available at that time to answer any queries regarding this RFT and the tender process generally. No more than 2 persons from each tenderer will be permitted to attend the tenderer briefing.

Location: Level 4 McKell Building, 2-24 Rawson Place Sydney NSW 2000 Date: 11 December 2008 Time: 2:30pm Sydney time

4.2 Contact Officer

4.2.1 Tenderers should refer requests for information or advice regarding this RFT to:

Client Support Centre P: 1800 NSW BUY E: [email protected] Please note that the Department of Commerce will be closed from the period Monday 22 December 2008 up to and including Friday 2 January 2009.

4.2.2 Any information given to a tenderer to clarify any aspect of this RFT will also be given to all other tenderers if in the Board’s opinion the information would unfairly favour the inquiring tenderer over other tenderers.

4.3 Conformity of Tenders

4.3.1 The Board seeks Conforming Tenders.

4.3.2 Non-Conforming Tenders may be excluded from the tender process without further consideration at the Board’s discretion.

4.4 Alternative Tenders

4.4.1 Tenderers may, if they choose, submit an Alternative Tender. Alternative Tenders will only be considered if submitted in conjunction with a Conforming Tender. An Alternative Tender must be clearly marked “Alternative Tender”.

4.5 Submission of Tenders

4.5.1 Prices, responses and other information provided in the tender are to be in writing and in English.

4.5.2 Tenderers must complete all of Part C of this RFT, as directed and must not amend any of the questions provided.

4.5.3 Tenderers should notify the Contact Officer in writing on or before the Closing Date and Closing Time if they find any discrepancy, error or omission in this RFT.

mailto:[email protected]

4.5.4 Tenderers must ensure that all excel or word attachments can be opened and viewed by Microsoft Excel 2003 or Microsoft Word 2003. Other formats for the attachments are only to be submitted if an arrangement has first been made with the contact officer prior to lodgment of the tender.

4.5.5 It is recommended that electronic files be kept as small as practical and the lodgement files below an optimum size of 7 MB, as the limitations of the Internet and communications may affect the successful transmittal and receipt of large files.

4.6 Tender Lodgement

4.6.1 Tenders must be fully received by the Closing Date and Closing Time.

4.6.2 A Tender must be lodged into the designated secure tender box/es, and must be submitted electronically to the electronic tender box for this RFT via the NSW Department of Commerce tenders website at: https://tenders.nsw.gov.au/commerce (Login in as a system user, locate the web page for this RFT, and follow the on screen instructions to lodge the tender).

4.6.3 The lodgement can only be made by a registered system user of the NSW Government eTendering system.

4.6.4 OR Hard Copy Lodgement (Optional)

(a) Delivery into the Physical Tender Box at:

Tender Box

NSW Department of Commerce

Level 3 McKell Building (Ground floor west)

2-24 Rawson Place Sydney NSW

(b) The tender must be able to be lodged into the physical tender box deposit slot of 400mm by 90mm, and must be lodged during normal McKell Building opening hours of 7:30am to 6:30pm Monday to Friday (excluding Public Holidays).

(c) No receipt can be given however written acknowledgement of delivery of a container may be given by prior arrangement. Contact Tenders Office on (02) 9372 8900.

(d) If the tender is larger in physical size and cannot be broken down, or delivery personnel require a signature as evidence of delivery the tender must be delivered between 8:30am and 4:30pm Monday to Friday (excluding Public Holidays) and only by prior arrangement. Contact Tenders Office on (02) 9372 8900. Commerce personnel will not take delivery of containers that present an OH&S risk in terms of size or weight.

(e) Tenders must be clearly marked with the RFT number – “0801624”.

Or Lodgement to the Facsimile Tender Box at Ph: (02) 9372 8974:

Tenders which are sent by facsimile and which are not completely received at the specified location by the close of tenders may be excluded from consideration for acceptance even if transmission or receipt is delayed due to the receiving facsimile machine being engaged, faulty or otherwise inoperative.

If a tenderer intends to submit by facsimile it must consider the following:

https://tenders.nsw.gov.au/commerce

The facsimile machine only allows one tender to be lodged at a time and is at its peak on the morning when tenders and tenders close. Due to the volume received on those closing dates, the State Contracts Control Board (SCCB) cannot guarantee the level or speed of access to these facilities at that time and tenderers should consider lodging in good time having regard to this

4.7 Electronic Tenders

4.7.1 A tender submitted electronically will be treated in accordance with the Electronic Transactions Act 2000 (NSW).

4.7.2 A tenderer, by electronically lodging a tender, is taken to have accepted conditions shown in the conditions and rules on the NSW Department of Commerce tenders website at https://tenders.nsw.gov.au/commerce.

4.7.3 A tenderer must follow the following directions:

(a) A RFT for which electronic lodgement is available through the website can be identified by the blue “Lodge a Response” link on the web pages for the RFT.

(b) To lodge a tender electronically, the files containing the tenderer’s response must be up-loaded through the website to the NSW Government eTendering system. Access to the up-loading process is through the blue “Lodge a Response” link, then following the steps and instructions on the NSW Department of Commerce tenders website and any instructions which may have been supplied with the RFT documents, advertisement or invitation.

4.7.4 A tenderer must observe the following format for lodgements:

(a) An electronically lodged tender must be lodged in a file format required by the RFT.

(b) If a tenderer compresses files, it must be possible to decompress them using WinZip. A tenderer must not submit self-extracting (*exe) zip files.

(c) A tenderer must not change pre-existing text in the RFT other than to insert the required information.

(d) The file/s name/s must have an extension and not have invalid characters or file names/loading path names too long for the system, as detailed on the NSW Department of Commerce tenders website.

4.7.5 Signatures are not required for an electronic tender. A tenderer must ensure that a tender response is authorised by the person or persons who may do so on behalf of the tenderer and appropriately identify the person and indicate the person’s approval of the information communicated.

4.7.6 Electronically submitted tenders may be made corrupt or incomplete, for example by computer viruses. The Board may decline to consider for acceptance a tender that cannot be effectively evaluated because it is incomplete or corrupt. Tenderers must note that:

(a) To reduce the likelihood of viruses, a tenderer must not include any macros, applets, or executable code or files in a tender response.

(b) A tenderer should ensure that electronically submitted files are free from viruses by checking the files with an up to date virus-checking program before submission.

4.7.7 If a tenderer experiences any persistent difficulty with the NSW Department of Commerce tenders website in submitting a tender or otherwise, it is encouraged to advise the Contact Officer promptly in writing.

(a) If there is an extended defect or failure of the NSW Department of Commerce tenders website or eTendering system and the Board is advised, the tender Closing Date and Closing Time may be extended provided that, in the view of the Board, the RFT process will not be compromised by such an extension.

(b) Tenders must be fully received by the Closing Date and Closing Time.


4.7.8 Tenderers may break down the lodgement of large tenders into smaller packages if clearly identified e.g. package 1 of 3; 2 of 3; 3 of 3.

4.7.9 If a tenderer provides multiple lodgements, the latest tender received will be the tender to be evaluated unless the tenderer provides clear directions to whether the lodgement is:

(a) an alternative tender,

(b) supporting information

(c) a further part of a tender that has had previous lodgement

4.8 Tender Validity Period

4.8.1 The Tender will remain open for acceptance by the Principal for a period of 6 months from the Closing Date and Closing Time for tenders.

4.9 Late Tenders

4.9.1 Late tenders should not be considered, except where the Board is satisfied that the integrity and competitiveness of the tendering process has not been compromised. The Board shall not penalise any supplier whose tender is received late if the delay is due solely to mishandling by the Board.

4.10 Extension of Closing Date and Closing Time

4.10.1 The Board may, in its discretion, extend the Closing Date and Closing Time.

4.11 Corruption or Unethical Conduct

4.11.1 Tenderers must comply with the requirements of the Commerce Business Ethics Statement, which is available at the link below and must disclose any conflicts of interests in Part C.

4.11.2 If a tenderer, or any of its officers, employees, agents or sub-contractors is found to have:

(a) offered any inducement or reward to any public servant or employee, agent or subcontractor of the Board, the Principal, or the NSW Government in connection with this RFT or the submitted Tender;

(b) committed corrupt conduct in the meaning of the Independent Commission Against Corruption Act 1988;

(c) a record or alleged record of unethical behaviour; or not complied with the requirements of Commerce Business Ethics Statement available at: http://www.commerce.nsw.gov.au/About+Commerce/Business+ethics+statement/Business+ethics+statement.htm;

this may result in the tender not receiving further consideration.

4.11.3 The Board may, in its discretion, invite a relevant tenderer to provide written comments within a specified time before the Board excludes the tenderer on this basis.

4.11.4 If the Board and/or the Principal become/s aware of improper conflict of interests by a successful tenderer after an Agreement has been executed, then the Principal reserves the right to terminate the Agreement.

4.12 Code of Practice for Procurement

4.12.1 In submitting its tender, the tenderer signifies agreement to comply with the Code.

4.12.2 Failure to comply with the Code may be taken into account by the Board when considering the tenderer’s tender or any subsequent tender, and may result in the tender being passed over.

http://www.commerce.nsw.gov.au/About+Commerce/Business+ethics+statem

4.13 Prescribed Form of Tender

4.13.1 The Tender, including any Alternative Tender, must comprise a completed Part C and any attachments to Part C, as may be necessary. Any attachments should be labelled to identify those clauses of the RFT to which they relate.

4.13.2 The Tender will be taken to be for the provision of the Deliverables on the terms and conditions stated in Part D (and Part E if applicable) except to the extent that these are amended by the Tender and agreed by the Principal.

4.14 Addenda to RFT

4.14.1 If, for any reason the Board, at its sole discretion, requires the RFT to be amended before the Closing Date and Closing Time, an Addendum will be issued.

4.14.2 In each case, an Addendum becomes part of the RFT.

4.14.3 The Board, during the tender period may issue Addenda altering the RFT. In such cases, it is the obligation of the tenderer to verify if any Addenda were issued prior to closing date, even if a tender has already been submitted.

4.14.4 Tenderers must check the web site address, https://tenders.nsw.gov.au/commerce and download the Addendum.

4.15 Tenderer’s Costs

The tenderer acknowledges that the Board will not be liable to it for any expenses or costs incurred by it as a result of its participation in this RFT, including where the RFT has been discontinued.

4.16 Custody of Tenders after Receipt

4.16.1 Tenders lodged electronically to the NSW Department of Commerce Tenders website will be treated in accordance with the Electronic Transactions Act 2000.

4.16.2 On receipt of tenders lodged electronically to the NSW Government eTendering system, tenders are encrypted and stored in a secure “electronic tender box.”

4.16.3 For reasons of probity and security, the Board and its agent are prevented from interrogating the electronic tender box to ascertain whether tenders have been received or for any reason, until after the Closing Date and Closing Time.

4.16.4 The e-mail receipt that is sent to system user lodging the tender after successfully lodging the tender electronically to the NSW Government eTendering system is the only evidence of tender lodgement provided.

4.17 Ownership of Tenders

4.17.1 All tenders become the property of the Board on submission.

4.17.2 The Board may make copies of the tenders for any purpose related to this RFT.

4.18 Discontinuance of Tender Process

4.18.1 Where the Board determines that awarding a contract would not be in the public interest, the Board reserves the right to discontinue the tender process at any point, without making a determination regarding acceptance or rejection of Tenders.

4.19 Variations to Tenders

4.19.1 At any time after the Closing Date of tenders and before the Board accepts any tender received in response to this RFT, a tenderer may, subject to clause 4.20.2, vary its tenders:

(a) by providing the Board with further information by way of explanation or clarification;

(b) by correcting a mistake or anomaly; or

(c) by documenting agreed changes to the tender negotiated under clause 5.5 of this Part B.


4.19.2 Such a variation may be made either:

(a) at the request of the Board, or

(b) with the consent of the Board at the request of the tenderer; but only if,

(i) in the case of variation requested by the tenderer under clause 4.19.1(a)-(b), it appears to the Board reasonable in the circumstances to allow the tenderer to provide the information or correct the mistake or anomaly; or

(ii) in the case of variation under clause 4.19.1(c) the Board has confirmed that the draft-documented changes reflect what has been agreed.

4.19.3 If a tender is varied in accordance with clause 4.19.1(a) or (b), the Board will provide all other tenderers whose tenders have similar characteristics with the opportunity of varying their tenders in a similar way.

4.19.4 A variation of a tender under clause 4.19.1 will not be permitted if in the Board’s view:

(a) it would substantially alter the original tender; or

(b) in the case of variation under clause 4.19.1(a) or (b), it would result in the revising or expanding of a tender in a way that would give a tenderer an unfair advantage over other tenderers.

5 Evaluation Process

5.1.1 Tenders will be assessed against the evaluation criteria listed below which are not indicated in order of significance or be given equal weight.

5.1.2 Information supplied by the tenderer in Part C will contribute to the assessment against each criterion. Tenderers are advised to respond clearly to all the evaluation criteria listed in this RFT.

5.1.3 Tenders that do not include a fully completed Part C, in particular those tenders which do not contain sufficient information to permit a proper evaluation to be conducted, or electronic tenders that cannot be effectively evaluated because the file has become corrupt, may be excluded from the tender process without further consideration at the Board’s discretion.

5.1.4 The Board may assess an Alternative Tender against the evaluation criteria where submitted with a Conforming Tender.

5.2 Evaluation Criteria

The evaluation criteria for this RFT (which include but are not limited to) are:

(a) Functional Compliance;

(b) Technical Compliance including:

(i) Implementation & Training

(ii) Customer Service & Support

(iii) Technical Capability

(c) Price;

(d) Usability;

(e) Previous Performance;

(f) Compliance with the proposed conditions of Part D and Part E;

(g) Compliance with NSW Government procurement policy and other applicable NSW Government policies;

(h) Compliance with relevant legislation and standards.

5.3 Presentations/Site Inspections

5.3.1 The Board, may during the evaluation of tenders, undertake reference site inspections of tenderer’s or their subcontractor’s proposed premises.

5.3.2 The Board, may in its discretion, and as part of the evaluation process, invite any or some of the tenderers to make personal presentations and/or demonstrations regarding their tender. The tenderer shall make any presentations or demonstrations at its own cost.

5.3.3 Receiving a presentation by a tenderer in no way represents a commitment by the Board to accept any aspect of the tender.

5.3.4 All information obtained during the course of presentation or site inspection may be taken into consideration in the evaluation of tenders.

5.4 Acceptance or Rejection of Tenders

5.4.1 The Board may assess an Alternative Tender against the evaluation criteria when submitted with a Conforming Tender.

5.4.2 The Board expressly reserves the right to accept, in its discretion, either or both of the following:

(a) Any Alternative Tender or part of an Alternative Tender, when submitted with a Conforming Tender; and

(b) Any other Non-Conforming Tender or part of a Non-Conforming Tender (not, in either case, being an Alternative Tender or part of an Alternative Tender) that, in the Board’s opinion, is substantially a Conforming Tender.

5.4.3 The Board is not bound to accept the lowest tender.

5.4.4 If the Board rejects all the tenders received it may invite fresh tenders based on the same or different criteria (specifications and details contained in Alternative Tenders will not be used as the basis for the calling of new tenders).

5.5 Post Tender Negotiations

5.5.1 Before making any determination as to acceptance or rejection of Tenders the Board may, at its discretion, elect to conduct limited negotiations with preferred tenderers, including those who have submitted Alternative Tenders or who have submitted Conforming Tenders, to mutually improve outcomes.

5.5.2 The Board will generally not enter into negotiations to amend standard conditions of contract contained in Part D and Part E if applicable.

5.5.3 If the Board considers that none of the tenders are fully acceptable either due to the level of non-conformance or because they do not represent sufficient value for money, but considers that full conformity is achievable, negotiations may be conducted with the tenderer that submitted the most conforming tender based on the evaluation criteria. The purpose of the negotiations will be advised by the Board and made clear to the participants before the commencement of negotiation.

5.5.4 The Board may at its absolute discretion elect to conduct post tender negotiations under clause 5.5.3 with more than 1 tenderer in the event that it decides that the closeness of the tenders or timing constraints warrants doing so.

5.6 Exchange of Information between Government Agencies

5.6.1 Lodgement of a tender will itself be an authorisation by the tenderer to the Board to make available, on request, to any NSW government agency information, including but not limited to, information dealing with the tenderer’s performance on any contract that may be awarded. Such information may be used by the recipient NSW Government agency for assessment of suitability for pre-qualification, selective tender lists, expressions of interest or the award of a contract or termination of contract.

5.6.2 The provision of the information by the Board to any other NSW Government agency is agreed by the tenderer to be a communication falling within section 30 of the Defamation Act 2005 (NSW), and the tenderer shall have no claim against the Board and the State of New South Wales in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the tenderer arising out of the communication

5.6.3 In the evaluation of tenders, the Board may take into account any information about the tenderer that the Board receives from any source.

5.6.4 To avoid doubt, information that may be collected, exchanged and used in accordance with this provision includes “personal information” about the tenderer for the purposes of the Privacy and Personal Information Protection Act 1998. Lodgement of a tender will be an authorisation by the tenderer to the Board to collect such information from third parties, and to use and exchange such information in accordance with this clause 5.6.

5.6.5 The tenderer’s attention is drawn to the Freedom of Information Act 1989 which obliges disclosure of the contract documents resulting from the tender and may confer rights, subject to the terms of that Act, to access, and to require the correction of, information held by certain agencies, including tenders held by the Board. A summary of the provisions is contained in the Annexure 1 to Part B (Disclosure Information).

6 Method of Acceptance

6.1.1 Acceptance of a tender or part tender will be subject to the execution of a formal Deed of agreement in the terms of Part D and Part E if applicable. Until the Principal and the successful tenderer(s) execute a formal Agreement there will be no legally enforceable agreement concluded between them.

7 Disclosure Information

7.1.1 Following the Board’s decision, all tenderers will be notified in writing of the outcome of their Tenders.

7.1.2 Details of tenderers and the outcome of the tender process will be disclosed in accordance with the Freedom of Information Act 1989 and the NSW Government Tendering Guidelines, available at: http://www.dpws.nsw.gov.au/Government+Procurement/Procurement+Policy+Framework/NSW+Government+Tendering+Guidelines.htm

7.1.3 An outline of these requirements can be found in Annexure 1 to Part B of this RFT.

8 Complaints Procedure

It is the NSW Government’s objective to ensure that industry is given every opportunity to win Government contracts. Should any entity feel that it has been unfairly excluded from tendering or unfairly disadvantaged by the Conditions in Part D and/or Part E, or the Statement of Requirements in Part F, it is invited to write to:

Chairperson State Contracts Control Board Level 22, McKell Building 2-24 Rawson Place Sydney NSW 2000

http://www.dpws.nsw.gov.au/Government+Procurement/Procurement+Policy+Fram

ANNEXURE 1 TO PART B (Disclosure of Information)

Disclosure of information concerning tenderers and outcome of the tender process 1. In accordance with the NSW Government Tendering Guidelines referred to in clause 7.1.2 and found at http://www.dpws.nsw.gov.au/Government+Procurement/Procurement+Policy+Framework/NSW+Government+Tendering+Guidelines.htm, the following tender information is required to be disclosed -

Tender Type Level of disclosure Basis of disclosure For all public calls for tender, expressions of interest or other such public calls which may result in a contract with the private sector.

As a minimum: • a concise description of the proposed

works, goods or services the subject of the tender call;

• the date responses to the tender call close and where responses are lodged; and

• location of the tender call documents.

The names and addresses of all entities which submit responses.

Routine public disclosure at the time tender calls are advertised. Routine public disclosure within 7 days of the date tender calls closed.

In a multi-stage tender process.

The names and addresses of the shortlisted entities, except where such disclosure is likely to compromise the competitiveness of the subsequent tender process.

Routine public disclosure within 7 days of these entities being advised of their shortlisting.

2. In accordance with the NSW Government Tendering Guidelines referred to in clause 7.1.2, the following contract information is required to be disclosed -

Contract size and type Level of disclosure Basis of disclosure Class 1 contracts All government contracts with estimated value $150,000 or above).

a) The name and business address of the

contractor; b) Particulars of any related body corporate

(within the meaning of the Corporations Act 2001 of the Commonwealth) in respect of the contractor, or any other private sector entity in which the contractor has an interest, that will be involved in carrying out any of the contractor’s obligations under the contract or will receive a benefit under the contract;

c) The date on which the contract became effective and the duration of the contract;

d) Particulars of the project to be undertaken, the goods or services to be provided or the real property to be leased or transferred under the contract;

e) The estimated amount payable to the contractor under the contract;

f) A description of any provisions under which the amount payable to the contractor may be varied;

Routine public disclosure within 60 days after the contract becomes effective.

http://www.dpws.nsw.gov.au/Government+Procurement/Procurement+Policy+Framework/NSW+Governm

g) A description of any provisions with respect to the renegotiation of the contract;

h) In the case of a contract arising from a tendering process, the method of tendering and a summary of the criteria against which the various tenders were assessed; and

i) A description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services.

Class 2 contracts Class 1 contracts (i.e government contracts with estimated value $150,000 or above) which also: - result from a direct

negotiation where there has not been a tender process; or

- have been the subject of a tender process and where the final contract terms and conditions are substantially negotiated with the successful tenderer (this includes alliance type contracts); or

- involve operation or maintenance obligations for 10 years or longer; or

- involve a privately financed project as defined by relevant Treasury guidelines; or

- - involve a transfer of land or other asset to a party in exchange for the transfer of land or other asset to an agency.

The information required for class 1 contracts and a) Particulars of future transfers of significant

assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer;

b) Particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer;

c) The results of any cost-benefit analysis of the contract conducted by the agency;

d) The components and quantum of the public sector comparator if used;

e) Where relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges);

f) Where relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved;

g) Particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into; and

h) Particulars of any other key elements of the contract.


Class 3 contracts Class 2 contracts where the estimated value of the government contract is $5 million or more.

The information for class 1 and 2 contracts and the complete contract, less confidential information. Note: if some or all of a class 3 contract is not disclosed for reasons of confidentiality, the agency is to disclose: • the reasons for not publishing the contract

or provisions; • a statement as to whether the contract or


provisions will be published and, if so, when; and

• where some but not all of the provisions of the contract have been disclosed, a general description of the types of provisions that have not been published.

3. Requests for disclosure of additional contract information

Tenderers must acknowledge that any person may make a specific request to the State Contracts Control Board for any item of contract information for class 1 or class 2 contracts, or for a copy of a contract where it is a class 3 contract, which is not required to be routinely disclosed under section 15A of the Freedom of Information Act 1989. (“ FOI Act”) The State Contracts Control Board must provide the requested contract information or the requested copy of the contract to the requesting person (less any confidential information) within 60 days of receiving the request.

Where a copy of a contract has been requested and some or all of the contract is not provided for reasons of confidentiality, the State Contracts Control Board will disclose:

• the reasons for not providing some provisions or all of the contract; • a statement as to whether the contract or provisions will be provided and, if so, when; and • where some but not all of the provisions of the contract have been provided, a general description

of the types of provisions that have not been provided.

4. Disclosure of amendments or variations to contract information under the FOI Act The FOI Act requires that, if there is an amendment to the contract terms or a material variation made under the contract that changes information already routinely disclosed under the FOI Act, the State Contracts Control Board must ensure that the information concerning the change is routinely disclosed within 60 days after such amendment or variation becomes effective, less any confidential information. In the case of class 3 contracts, the full amendment or material variation, less any confidential information, must be disclosed within the 60 day timeframe. 5. Confidential information None of the disclosure obligations contained in the FOI Act, or the requirements for disclosing tender information or a copy of a contract or information in relation to a contract under these guidelines, require the disclosure of:

• the commercial-in-confidence provisions of a contract (as defined in section 15A (14) of the FOI Act) (the contractor’s financing arrangements; the contractor’s cost structure or profit margins; the contractor’s full base case financial model; any intellectual property in which the contractor has an interest; or any matter whose disclosure would place the contractor at a substantial commercial disadvantage in relation to other contractors or potential contractors, whether at present or in the future.);

• details of any unsuccessful tender; • any matter that could reasonably be expected to affect public safety or security; or • information which would be exempt from disclosure if it were the subject of an application under

the FOI Act.

Where such confidential information is withheld, the State Contracts Control Board must inform the requesting person that access to that information may be sought in accordance with the Freedom of Information Act. This will enable a person seeking the information to challenge that decision under the Freedom of Information Act. 6. Tenderers are invited to nominate items they consider are confidential and why.

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NSW Procurement – Contracting Services is a Business Unit of the NSW Department of Commerce

NSW Procurement – Contracting Services invites this tender for and on behalf

of the NSW Government State Contracts Control Board

TENDER RESPONSE

NSW Government eRecruitment Solution From Date of Acceptance for three (3) years with two (2) optional one-year extensions

RFT Number 0801624

Your Company’s Legal Name: <Insert Company name>

Your Company’s Trading Name: <Insert Trading name>

Your Company’s ABN number: <Insert ABN number>

Contact Name: <Insert name of Contract Administration Officer>

Contact Phone: <insert telephone no>

If submitting an electronic Tender, please answer the following and indicate Yes or No below: • Are you providing supporting documents in hard copy or on CD-ROM?

Yes/No • Did you clearly mark the supporting documents as “Supporting Documents to RFT No 0801624

Yes/No

2

TABLE OF CONTENTS

PART C1 TENDER RESPONSE TO PART B 3

1. Introduction 3

2. Functional Requirements & Technical Questions 3

3 Pricing and related factors 3 3.1 Price Schedule ...................................................................................................... 3 3.2 Price Basis ............................................................................................................ 3 3.3 Settlement discounts............................................................................................. 6

4. Capacity to perform agreement 6 4.1 Years in business................................................................................................. 6 4.2 Human Resource Capability ................................................................................. 6 4.3 Financial viability ................................................................................................... 7 4.4 Information on sub-contractors ............................................................................. 7 4.5 Suitability of proposed dealers, distributors and sub-contractors........................ 9

5. Compliance with proposed agreement 9

6. Compliance with policy 10

7. Compliance with relevant legislation and standards 10

8. Compliance with other Board requirements 11

9. Previous contract experience and standard of performance 11 9.1 Previous contract experience.............................................................................. 11 9.2 Previous experience in provision of Deliverables ............................................... 11 9.3 Previous performance of agreements................................................................. 11 9.4 Referees.............................................................................................................. 12

10. Other information required 12 10.1 Details of ownership............................................................................................ 12 10.2 Contracting as agent/trustee............................................................................... 13 10.3 Current Legal Proceedings ................................................................................. 13 10.4 Addenda to this RFT after issue ......................................................................... 14 10.5 Tender validity period.......................................................................................... 14 10.6 Supply of Australian Business Number .............................................................. 15

11. Tenderer Identification Details 15

PART C2 COMPLIANCE WITH FUNCTIONAL REQUIREMENTS 16

PART C3 TECHNICAL QUESTIONS 16

PART C4 PRICE SCHEDULE 17

PART C5 ACKNOWLEDGMENT AND CONFIRMATION OF TENDER 19

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PART C The Tender Response

PART C1 Tender Response to Part B

1. Introduction

1.1 The information provided in this Part will be used in the assessment of Tenders. Questions have been framed to ensure responses that are relevant to the selection criteria. Please provide attachments where necessary, clearly labelled and cross-referenced.

1.2 References to “you” in this Part means the tenderer and all responses given will

be taken to be responses of the tenderer. 1.3 Part C consists of the following: Part C1 Tender Response Part C2 Compliance with Functional Requirements (Excel sheet) Part C3 Technical Questions (Excel sheet) Part C4 Price Schedule Part C5 Acknowledgement and Confirmation of Tender All parts of Part C must be submitted electronically to the electronic tender box

for this RFT via the NSW Department of Commerce tenders website at: https://tenders.nsw.gov.au/commerce

2. Functional Requirements & Technical Questions

Complete the Compliance with Functional Requirements at Part C2 (Excel sheet). Complete the Technical Questions at Part C3 (Excel sheet).

3 Pricing and related factors

3.1 Price Schedule

Complete the Price Schedule at Part C4.

3.2 Price Basis

Question 3.2.1 Tenderers must indicate below the price basis of your Tender. Select the price basis from one of the options below (tick corresponding box below): Option 1: Firm for the entire duration of the Agreement _________(__) months

plus ________(__) months optional extension period Option 2: Firm for the first twelve (12) months of the term of the Agreement

then subject to review at the end of that period and each twelve (12) months following and at the request of the Contractor based on variations in rates of exchange.


4

Option 3: Firm for the first twelve (12) months of the term of the Agreement

then subject to review at the end of that period and each twelve (12) months following and at the request of the Contractor based on variations in labour and material factors.

Option 4: Firm for the first 12 months of the term of the Agreement then subject

to review at the end of that period and each twelve (12) months following and at the request of the Contractor based on variations in the published price list.

Option 5: Firm for the first twelve (12) months of the term of the Agreement

then subject to review at the end of that period and each twelve (12) months following and at the request of the Contractor based on CPI.

Answer 3.2.1 <indicate the appropriate box below>

1. 2. Proceed to question 3.2.2 3. Proceed to question 3.2.3 4. Proceed to question 3.2.4 5. Proceed to question 3.2.5

3.2.2 Where you have nominated Option 2 of the selected price basis you must

nominate the exchange rate that will be used as the basis for any future price variation request below.

Answer 3.2.2 <type or write your answer here>

Name of the Foreign Currency eg. US

DOLLAR Exchange Rate

eg. $A1 = $US 0.55

3.2.3 Where you have nominated variations in labour and material factors (Option 3)

of the selected price basis above, you must nominate the following:

(a) Labour Rate

You must indicate the Weekly Award Rate of Pay (AW) at the time of tendering for the labour primarily engaged in the Agreement that will be used for any future price variation request.

Answer 3.2.3(a) <type or write your answer here>

Labour category AW

5

(b) Labour and Material Factors

The Labour and Material Factors must be expressed as a decimal and together, must total 0.9. 0.9 is the proportion of the Tender Price subject to price variation by labour and material costs.

Answer 3.2.3(b) <type or write your answer here>

Item Factor (Expressed as a decimal)

Total: 0.9 Labour

Material

(c) Materials Cost Index

The relevant Australian Bureau of Statistics index or other relevant Materials Cost Index that will be used as the basis for any future price variation request. Note that variation on the basis of a material cost index other than those provided by the ABS must be appropriate, independent, consistently reported over time, published regularly and be readily available.

Answer 3.2.3 (c) <type or write your answer here>

Materials Cost Index

3.2.4 Where you have nominated Option 4, of the selected price basis above, you must complete Part C3, Price Schedule, attaching the relevant Price List/s. Price Schedule Price List Details.

Indicate below the following details in relation to the attached Price List(s). If a number of Price Lists are to be submitted, provide the following details for each of the Price Lists submitted

1) Name of Price List: 2) Date of Price List: 3) Official Price List Number: 4) State the frequency of revision of the Price List: 5) State the basis of revision of the Price List: 6) Provide examples of variations in the Price List over the past two-year period

3.2.5 Where you have nominated Option 5 of the selected price basis above, you

must indicate the CPI at the Base Date. Answer 3.2.5 <type or write your answer here>

CPI Base Date

6

(date of the actual lodgement of the tender)

Please refer to Pricing Information at Part C4

3.3 Settlement discounts

The Tender Prices are subject to a settlement discount of:- 3.3(a) for payment within 14 days from the date of

receipt of invoice. %

3.3(b) for payment made during the month

following that in which the invoice has been rendered.

%

3.3(c) for payment within days from the date of receipt of invoice.

%

4. Capacity to perform agreement

4.1 Years in business

Question 4.1.1

State the number of years you have been in business under your present constituted form.


4.2 Human Resource Capability

Question 4.2.1

Provide details of qualifications and experience of key personnel to be involved in the operation of the proposed agreement.


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4.3 Financial viability

Question 4.3.1

Give in $A the annual turnover in Deliverables tendered.

Answer 4.3.1 <type or write your answer here> Question 4.3.2

During the course of the tender process, it may be required that you submit a copy of your last three annual financial reports to the Board, or to Kingsway Financial Assessments if so directed, in order to conduct financial analysis on behalf of the Board. Indicate below whether you will provide these reports if required. Answer 4.3.2 Yes/No If “No”, comment below:

<type or write your answer here>

4.4 Information on sub-contractors

Question 4.4.1

Is any part of the Deliverables to be offered through a sub-contractor? In this context, suppliers of raw materials and/or minor components to be incorporated into the Deliverables supplied by the Contractor are not regarded as sub-contractors for the purpose of this question.

Answer 4.4.1

Yes/No

If “Yes”, in respect of each nominated sub-contractor, please provide the following information, so far as applicable:

Sub-contractor

8

If a company, Company Name

If a partnership, Partnership Name

If an individual, individual’s name

4) Trading Name 5) Australian Business Number (ABN)

6) Australian Company Number (ACN)

7) Registered Office (if a company)

8) Site Address (principal place of business)

9) Postal Address (principal place of business)

10) Alternative Address

11) Contract Administration Contact Name

12) Contract Administration Contact Telephone No.

13) Contract Administration Contact E-mail Address

14) Contract Administration Contact Fax No.

15) Sales Order Contact Name

16) Sales Order Phone No.

17) Sales Order E-mail Address

18) Sales Order Fax No.

19) Chief Executive Officer’s (CEO) Name

20) Switchboard Telephone No.

21) Company E-mail Address

22) Website address

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23)Items able to be supplied

4.5 Suitability of proposed dealers, distributors and sub-contractors

Question 4.5.1

For each nominated sub-contractor, provide details of their experience and qualifications in the provision of similar Deliverables. Answer to 4.5.1 <type or write your answer here>

5. Compliance with proposed agreement

Question 5.1

Do you agree to be bound by all the conditions contained in Part D of this RFT?

Answer 5.1

Yes/No

If “No”, provide a full statement of all amendments sought, giving reasons.

<type or write your answer here> Question 5.2 Do you agree to comply with clause 4.1.1, Minimum Insurance Requirements, contained in Part D of this RFT? Answer 5.2

Yes/No If “No”, provide a full statement of all amendments sought, giving reasons.


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Question 5.3 Please list the insurances you currently hold, the respective amount (or Limit of Liability) for each insurance policy and their expiry dates. Answer 5.3 <type or write your answer here>

6. Compliance with policy

6.1 NSW Government Code of Practice for Procurement "Code" means the NSW Government Code of Practice for Procurement, as amended from time to time. The NSW Government Procurement Policy and code are available from the NSW Department of Commerce and can be viewed and downloaded from Department of Commerce Government Guidelines: Goods & Services Procurement Publication.

Question 6.1.1

Have you have read the NSW Government Code of Practice for Procurement and taken them into consideration in preparing and submitting your Tender? Answer 6.1.1

Yes/No

Question 6.1.2 Tenderers must comply with the Code and agree to provide periodic evidence of compliance with the Code and access to all relevant information to demonstrate compliance for the duration of any agreement that may be awarded? Will you comply with the Code and the requirements imposed by it?

Answer 6.1.2 Yes/No

7. Compliance with relevant legislation and standards

Question 7.1


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Tenderers must comply with all relevant legislation and standards including those listed in Part E of this RFT. Will you comply with all relevant legislation and standards including those listed at Part E of this RFT?

Answer 7.1 Yes/No

8. Compliance with other Board requirements

Not Applicable

9. Previous contract experience and standard of performance

9.1 Previous contract experience

9.1.1 Provide details of any previous agreement(s) (Period Contract(s)) with the Board that you have been involved in during the past four years in the table below:

<type or write your answer below>

Contract No Contract Name Date commenced Date finished (if

applicable)

9.2 Previous experience in provision of Deliverables

Question 9.2.1

Demonstrated expertise and experience in the successful provision of goods and/or services on a similar scale to the Requirement (not for the provision of goods and/or services to the Board) is desirable. State the number of years in business providing these goods and/or services.


9.3 Previous performance of agreements

Question 9.3.1

If you have undertaken any previous agreements provide details of any assessment undertaken of your performance. If performance reports were prepared in respect of your performance, please provide copies.

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9.4 Referees

Question 9.4.1

Please provide three (3) names and contact details of previous customers <type or write your answer here>

10. Other information required

10.1 Details of ownership

Question 10.1.1

If you are a company, please provide details of your ownership, that is, Australian, Overseas, name of each shareholder holding 20% or more of your issued share capital, paid-up capital and other relevant details.


Question 10.1.2

If you are a partnership, please provide a list of partners and details of the partnership financial arrangements.


13

10.2 Contracting as agent/trustee

Question 10.2.1

If awarded the Agreement, do you intend to contract in your own right or as agent for some other entity or entities? If an agent, identify the principal who will be bound by the Deed of Agreement and any authority given by that principal to you to execute any such agreement as its agent.

Answer 10.2.1 <type or write your answer here> Question 10.2.2

If awarded the Agreement, do you intend to contract in your own right or as trustee for some other entity or entities? If a trustee, provide a copy of the trust deed, set out the names of the trustees, and provide full details below of your capacity to enter any Deed of Agreement as a result of this RFT.


10.3 Current Legal Proceedings

Question 10.3.1

Are you or any of your directors or close associates currently, or have you, or have your directors or close associates been at any time within the last five years, the subject of any or any pending:

(a) legal proceedings, including winding up or bankruptcy proceedings, (b) insolvency administrations or investigations; and/or (c) investigations by ICAC or any other public body?

Yes/No

If “Yes”, please supply full details below:


14

10.4 Addenda to this RFT after issue

Question 10.4.1

Are you aware of any Addenda issued by the Board to this RFT after the issue of this RFT? Answer 10.4.1 Yes/No

Question 10.4.2

If the answer is “Yes”, indicate below whether you have read and allowed for the Addenda in your Tender.


Question 10.4.3

Please specify how many Addenda have you read and allowed for in your Tender. Answer 10.4.3 It is the responsibility of the tenderer in accordance with the conditions of tender to ensure that they are aware of all addenda issued during the tender period. Failure by the tenderer to allow the addenda in the tender may result in the tender not being considered. Please attach any addenda issued during the Tender period at this point along with your company's responses to same

10.5 Tender validity period

Question 10.5.1 Indicate below the period for which your Tender will remain valid for acceptance from the deadline for lodgement of tenders.

N.B. The minimum validity period is as stated in cl.4.7 of Part B.

Answer 10.5.1


15

10.6 Supply of Australian Business Number Question 10.6.1 If you do not currently have an ABN, state how and when you intend to obtain an ABN and register for GST. N.B. Tenderers that do not have an ABN cannot enter into an agreement with the Board. Answer 10.6.1 <type or write your answer here>

10.7 Conflict of Interests

Question 10.7.1 In lodging a tender to this RFT, are you aware of any real or perceived conflict of interests (including any relevant relationships) existing, which require your disclosure, Answer 10.7.1 Yes/No

Question 10.7.2

If the answer is “Yes, disclose conflict of interest

11. Tenderer Identification Details

Question 11.1 Type or write your identification details below (Contact Name, Phone & email).

16

PART C2 Compliance with Functional Requirements Complete the Compliance with Functional Requirements in the format requested (Excel sheet with file name “Part C2 Functional Requirements”) Tenderers should note that alternate proposals to meet the functional requirements in Part C2 may be considered where respondents can demonstrate that they meet the key outcome and Deliverables. The “Comments” column may be used to demonstrate how each requirement is met by the alternate proposal.

PART C3 Technical Questions

Complete the Technical Questions (Excel sheet with file name “Part C3 Technical Questions”)

17

PART C4 Price Schedule

Complete the Price Schedule after reading the Pricing Information below. (Price Schedule is Attachment with file name “Part C4 Price Schedule” Pricing Information and Proposed Deployment Strategy Tenderers are to note that alternate costing models may be considered where the respondents can demonstrate that they meet the key outcome and Deliverables. The NSW Government e-Recruitment solution is to be deployed to more than 100 government agencies over a proposed period of fifteen months from go-live date. The Price Schedule for the deployment period (October 2009 to December 2010) is based on five phases covering variously grouped agencies. The indicative timing excludes pre-deployment work to be undertaken by the Program Management Office, so the phases are intended to overlap.

Implementation pricing Implementation pricing should include all set up, configuration and customisation costs. It is NSW Government’s intention to implement using:

• Five pilot agencies • All NSW Government agencies using the existing version of jobs.nsw.

The latter involves providing all 106 users of jobs.nsw with a replication (in the new system) of the current functionality available to them. This includes uploading job advertisements, managing print media advertising and downloading applications. The existing jobs.nsw system handled 8400 recruitment actions in the last year. At the front end, applicants should be able to register to use the system, apply online and receive email alerts of jobs matching their profile. In addition, the five pilot agencies will be expecting to go live with the full range of functionality at the same time.

Maintenance After launch in October 2009 full functionality will be progressively rolled out according to the table below. Pricing should be set accordingly.

Labour rates It is anticipated that some changes to the system may be required under a change control process. Labour rates are required for making such changes.

18

Deployment Model Note: based in proposed deployment strategy and estimated employee numbers Pilot/jobs.nsw Phase Phase 1 Phase 2 Phase 3 Phase 4 By Oct 09 By Jan 10 By May 10 By Sept 10 By Dec 10

Approximate permanent employees covered by system

12,000 using full functionality + approximately 100,000 for limited functions*

Additional 8,500 Additional 48,500

Additional 93,000

Additional 41,500

No of agencies covered by system 5 pilot agencies + 106 for limited functions

4 independents, 2 large service providers

covering 28 smaller agencies

1 service provider

covering 4 agencies, 14 independents

21 independent agencies

1 service provider

covering 13 agencies + 11 independent

agencies * This includes uploading job advertisements, managing print media advertising and downloading applications. At the front end, applicants should be able to register to use the system, apply online and receive email alerts of jobs matching their profile.

Part C5 Acknowledgment and Confirmation of Tender

Note to tenderers: If submitting a hard copy Tender, execute cl. 14.2. If submitting an electronic Tender, only complete cl. 14.3.

14.1 Lodgement of a Tender will itself be an acknowledgment and representation by

you that you are aware of the requirements of the Code; that you will comply with the Code; and that you agree to report to the Board any breaches of the Code for the duration of the agreement.

14.2

I affirm that this is my Tender to supply the Deliverables sought in the RFT at the prices tendered, and in accordance with the conditions of the RFT except as expressly amended in my Tender, and that the information given in my Tender is correct: Print Name and Title

Signature of tenderer (if an individual, as identified in clause 12)

or

Signature of authorised officer of tenderer (as identified in clause 12) or Signature of partner completing tender on behalf of partnership (as identified in clause 12)

14.3

If submitting an electronic Tender, do you acknowledge and accept that electronic submission in accordance with the requirements of the RFT and any conditions of the NSW Department of Commerce tenders web site is sufficient to verify and affirm that this is your Tender to supply the Deliverables at the prices tendered on the conditions contained in Part D, except as expressly amended in your Tender and that the information contained in your Tender is correct?

Note that such acknowledgment and acceptance is a necessary prerequisite to consideration of your Tender.

Yes/No Print Name and Title

NSW Government eRecruitment Solution

Imp: Importance: Rates the importance of the functionality. The following ratings are used: m = Mandatory v = Vital i = Important d = Desirable

Std: Standard: This must be standard functionality currently available and in use by current clients for more than 6 months. Include at least one of these clients in the Ref column. Indicate configurability of this functionality by responding in the appropriate column according to the following: U = configurable by the end user (not a systems administrator) A = configurable by a systems administrator for that NSW Government Agency C = configurable by a whole of NSW Government system administrator V = configurable by the eRecruitment software vendor N = not configurable

InD: In Development: Functionality has not been used by any current client for more than 6 months or is currently in development and is planned to be part of standard functionality. Please include completion date in the 'Comments'.

Cus: Customised: is not part of currently available software and will require specific development based on the specifications. Include development lead time in the comments section.

N/A: Not applicable: Functionality is neither currently available nor planned to be available. Ref: Reference: Include at least one current client who has been using this functionality for at least 6 months.

Agency NSW Government Agency.Alternate report A report submitted by a panel member who does not agree with the selection recommendation.ANZSCO Australian and New Zealand Standard Classification of OccupationaApplicant Exists in an eRecruitment system and contains a person’s details specific to the vacancy to which they have applied.

Please read these instructions carefully and follow them closely.

The functional requirements have been broken into categories set out in the tabs of this workbook. Within each tab these have been broken into sections. These categories and sections are simply used to group the functionality and may not reflect the way your system is organised.

In each workbook you will see that there are a number of columns. The key for these columns is below.

The functional requirements appear in the rows. Each requirement has a number which is to be interpreted as a breakdown structure – that is where there is a relationship between the requirements. The functional requirement description is indented to assist you with this interpretation.

Each functional requirement has an importance rating. If a row does not have an importance rating then it is only a header to a section or group of requirements. For each row with an importance rating, you must enter an “X” into the column which best represents the capability of the eRecruitment system. ONLY ENTER ONE “X” PER ROW.

Some of the terminology and the functional requirements can be ambiguous. To assist we have provided a glossary below. Where you are not clear about the meaning, please either request clarification or explain your interpretation in the comments section.

COLUMN KEY

GLOSSARY


Applicant assessment process

The linear sequence of steps that are involved in managing an applicant through the recruitment process. For example new, reviewed, interviewed, offered, appointed.

Appointed The process of appointing (or hiring) the selected applicant.Appointee The person appointed as a result of the interview and selection process.Assessment form This is an online form within the back office view which enables system users to enter assessments about a candidate in a structured form (for example an interview scoring matrix).

Back office This terminology is used to describe access to the eRs by any user other then the candidate/job seeker who access the system via the Front-end as apposed to the back office.Candidate Exists in an eRecruitment system and contains all of a person’s details including from all applications they have made.Candidate list view A list of candidates or applicants viewed from within the eRecruitment system.Capability A standardised requirement for an individual to properly perform a specific job. It encompasses a combination of knowledge, skills and behaviour utilised to improve performance. It is envisaged

that the selection criteria will be driven by a capability library.A capability defines those specific skills, knowledge and abilities which are needed in particular jobs.

Case Manager This is a specific user role within NSW Government. The Case Manager is responsible for finding suitable roles for excess employees.Eligibility list (E-list) An eligibility list for an advertised position is a list of one or more applicants who are eligible for appointment to the position but not selected for appointment. An eligibility list may contain only one

person or a number of people. It does not need to include all eligible people, only those of greatest merit, and must be arranged in order of merit. A cross-sector e-list can be used where the positions are substantially the same but are established in differnet NSW Government agencies.

EOI Expressions of interest. A term used to describe the process of communicating a temporary role to public sector employees only - either at agency or broader level. EOI’s are generally used to fill temporary vacancies as permanent recruitment policy requires full merit section open to internal and external candidates. Seeking expressions of interest internally for positions vacant for short periods can be both an effective use of resources and provide career development opportunities for employees.

To widen the field of applicants and provide cross-sector development opportunities, expressions of interest may also be sought from both internal employees and other public sector employees. While the expression of interest process need not be as structured as a full merit selection process, selection of applicants must nevertheless adhere to the principles of merit selection and be accountable. That is, vacancies should be advertised, at least internally, applications called for, appropriate selection criteria and methods determined, and an open and transparent selection process used

ETASS Facilitates the employment screening of all NSW Education and Training agencies.Excess employees Terminology used to depict employees whose roles have been made redundant. Previously referred to as displaced employees.

Front end Used to describe job seeker views and access to the eRs.GREAT appeal Government and Related Employees Appeal Tribunal (GREAT) Act 1980 enables current NSW Government employees who have applied for an advertised position and been unsuccessful to

appeal the decision.Identified positions Identified positions are positions in which the Aboriginal client group is the major group affected by the work of the occupant and involves working with Aboriginal clients and developing services

and programs which have an impact on the Aboriginal community.Job template Contains a template of the information which is used in the recruitment process for a specific role. This includes the position description, advertising copy, interview guide and assessment

workflow. It is used at the start of the process to pre-populate a requisition.PCAT Position Coding Automated Tool. The Position Code is a new item on the annual NSW Public Sector Workforce Profile Data Collection from 2002.

ALL new and amended positions must be coded using PCAT which asks a series of questions about each position. The questions will differ for each position depending on its nature. An output report is generated which provides the code for that position.

Recruitment supplier Recruitment agency or contingent labour provider.

Requisition Contains the information about the role(s) which is being or has been filled, such as data from the “request to advertise”, the applications, assessments of the candidates, the selection report and other details.

Rolling recruitment An approach to recruitment whereby candidates are continuously sourced through an open requisition and then progressed to assessment and added to an eligibility list for matching to future vacancies.

RRU Recruitment and Redeployment Unit - A department within DPC responsible for managing the excess employee pool.Selection report The report submitted for approval once a selection recommendation has been made by the selection panel.


Service Check A service check is completed for all Public Service applicants who are recommended for appointment. It will usually follow a format listing the position recommended to, the applicant’s current department and position, their employment status and a brief comment on their conduct and services.

Targeted positions A targeted position is a process for filling mainstream positions using tailored advertising and recruitment strategies to maximise applications from a particular group within the community i.e. Aboriginal people.

Unique applicant This is the measure used to report on the number of applications in a period from unique persons (i.e. it counts multiple applications from a single person as one application).Work type This describes whether the appointment is permanent, part-time etc.

PLEASE NOTE:Your responses may be validated during the vendor evaluation phase. For this purpose you may need to provide access to a demonstration account of your eRS on the production environment for a period of two weeks. Our resources will complete a first pass review of the functional requirements. For those items we are unable to validate we will require you to attend our premises to demonstrate to the satisfaction of our resources that this functionality meets our requirements.

NSW Government eRecruitment Management SystemTECHNICAL QUESTIONS

Response

6.1 What is the name of your product and current version?6.2 Please describe the deployment options available for your eRs (e.g. client-server, hosted, on-

demand, software-as-a-service). If you have multiple options identify which you recommend for the NSW Government and state why.

6.3 Identify the anticipated patch, upgrade and new version releases over the next 12 months.6.4 How long has the product been available?6.5 How many clients currently use this product by organisation?6.6 How may users currently use this system?6.7 How many employees (estimate only) do these client organisations employ in total?6.8 List the quality assurance accreditations or certifications you have, and for each when you received

them and describe what they cover.6.9 Describe your commitment to continually improving the functionality of the eRs.6.10 Does your product cater for a multiple organisation structure. If so please describe the specific

features and capabilities of the eRs to manage a client of the size and diversity of the NSW Government.

7.1 Please provide a graphical representation of your system architecture.7.2 What software does the solution comprise of?7.3 Please describe which operating systems can be used?7.4 For web based solutions, what port numbers do you utilise for the delivery of your service?

Preference is port 80 (http), 443 (https).7.5 Is the reporting tool included with the eRs as a 3rd party application? If so please provide details

including vendor, version and the terms of the arrangement (i.e. are there limits in the number of users?) and inclusion of extra licences.

7.6 Are there any other 3rd party application components in the functional eRs? If so, please provide details including vendor, version and the terms of the arrangement (i.e. are there limits to the number of users?)

7.7 How often do you upgrade these hardware and software components - provide the history for the past 2 years.

7.8 What hardware and software would NSW Government need to provide/have in place to be able to use the eRs effectively.

7.9 What are the interfacing technologies that will be used to present the system to users?7.10 Are there server certificates issued by the provider e.g. SSL certificate?7.11 Please confirm whether the eRs can work effectively with a proxy server? If so, please describe.

7.12 Will load balancing be used to distribute incoming traffic to the eRs? Please describe load balancing information.

7.13 The state records act requires NSW Government to keep a back up of all requisition and application data for a minimum of 7 years. Please advise the recommended approach for meeting this requirement.

TECHNICAL CAPABILITYProduct Information

IT Infrastructure

Date; printed: 8/12/2008 1 © Pinpoint HRM


ResponseTECHNICAL CAPABILITY7.14 Describe horizontal and vertical scalability of the solution.7.15 Please describe how you will allow sufficient capacity for periodical peaks in traffic to the eRs; such

as large scale bulk recruitment campaigns.7.16 Please describe if you provide server log files to facilitate analysis for reporting by third party

applications eg Webtrends. Please describe how they integrate.

8.1 Please describe your redundancy, backup and disaster recovery methodology, including where backups are stored.

8.2 Will you archive the NSW Government recruitment data? How long will the data be retained?8.3 Please describe the redundancy mechanisms you have in place to ensure adequate failover of a

server supporting the eRs. 8.4 Please describe the procedures to restore operations and ensure availability of information at the

required level and in the required time scales following interruption to, or failure of, critical business 24/7 processes. Describe typical outage scenarios for 24/7 operations.

8.5 Indicate the length of time to restore the system and service from backup. 8.6 Indicate the maximum amount of data (in elapsed time) which can be lost when disaster occurs.

8.7 How many data centres will support the eRs? Where are the data centres located? If any of these data centres are operated by a 3rd party, please provide details of these existing relationships.

8.8 In the event of a disaster at the primary data centre, how long would it take to restore operation of the eRs at the alternate data centre?

8.9 If there was a power failure at the data centre, how long would backup generators be able to maintainthe power required to run the eRs?

8.10 Please describe the single points of failure relating to the operation of the eRs and how you would manage a failure.

8.11 If a failure occurred within a server supporting the eRs, how quickly would the failover mechanism take to resume normal operation?

8.12 Please describe any potential failures that could result in the permanent loss of NSW Government data and the mechanisms in place to mitigate the loss?

8.13 When was the last full scale test of your data centre disaster recovery plan? Was the test successful?

9.1 What is your development toolset e.g. Java, .NET? Do you have a documented development methodology? If so, please describe the key components (this should include the SDLC utilised and a process flow).

9.2 Have you been externally audited? When was it completed, by whom and the outcome? 9.3 Do you have a formal (and fully documented) change control process to manage code and data

changes to the eRs? Please provide 3 examples of your change control process.

Development Methodology

Redundancy, Backup and Disaster Recovery



ResponseTECHNICAL CAPABILITY9.4 Do you have a formal (and fully documented) configuration management process to manage changes

in the hardware or configuration relating to the eRs? Please provide 3 examples of your change control process.

9.5 Please provide the name and profile (including qualifications and certifications) of your key software development personnel who have been involved with the eRs. This is to include their start date with your company and examples of other clients they have worked on (preferably these should be relevant to the NSW Government). For each person include when they will be involved and the percentage of their time they will be dedicated to this project.

10.1 Please describe the tools used to integrate the eRs with other applications, and the architecture of the integration.

10.2 Does the eRs comply with HR-XML storage and transmission standards? Please provide reference client details to demonstrate your experience utilising these standards.

10.3 Does the e-Recruitment system support service oriented architectures (SOA)? Please provide details.

10.4 Do you have experience using Web Methods for integrations. If so please provide the reference sites.

10.5 Please describe your integration with messaging and calendar applications and the eRs (for example,formatting of emails sent from the system, ability to utilise i-Calendar attachments etc, for example GroupWise, Lotus Notes, Exchange).

10.6 Please confirm whether you have previous experience integrating with HRIS systems such as Mincom Ellipse, SAP, Oracle and Oracle/PeopleSoft? If so, please provide relevant client details. Please list all details of the systems you have integrated with and describe the integration points.

10.6.1 Do you integrate with a HR system in regards to access control for HR personnel? For example, single sign-on, auto-update of roles. Describe any commercial single sign-on applications with which your application is integrated.

10.7 Does the eRs integrate with any online background checking systems? Please list all vendors you have integrated with and for each the type of background test being conducted and describe what information flows between the systems.

10.8 Does the eRs integrate with any online testing providers? Please list all vendors you have integrated with and describe what information flows between the systems.

10.9 Does the eRs integrate with print media advertising production and transmission systems? Please listall vendors you have integrated with and for each describe what information flows between the systems.

10.10 Please describe your capacity for presenting the eRs and the jobs.nsw website in a similar look and feel.

10.11 Describe your content management functionality? Describe how authorised NSW Government personnel can access the site and requisite skill set.

Integration

Security and Privacy



ResponseTECHNICAL CAPABILITY11.1 Do you have a documented Information Security Policy that is up to date? Please indicate when you

last updated your policy.11.2 Does your Information Security Policy framework align with the ISO 17799 security code of practice?

If not, please explain.11.3 All vendors will have to meet the NSW Standard Security Requirements

http://www.gcio.nsw.gov.au/library/guidelines/791, please indicate how you meet these guidelines.11.4 Do you provide 3rd party audits of security? If yes, how often are these conducted and how often are

results provided to clients? Has your company been audited by a 3rd party for security and privacy compliance? If so, when was the most recent?

11.5 Do you allow clients to conduct audits of your security? If so, please describe the process and whether these include unannounced site visits.

11.6 Please describe the Role Based Access Control model in place to control user access to the eRs. If RBAC is not utilised, please explain how you enforce the "need to know" principle.

11.7 Please describe your Password Control policy for users who authenticate to the eRs and options. For example, are the usernames/passwords for users authenticating to the eRs encrypted, will users of the eRs have a facility to change their passwords, and will users of the eRs be required to change their initial password at first login? Please describe.

11.8 Will all users who authenticate to the eRs have a unique user account? If not, please explain.11.9 Describe where encryption can be used in the system.11.10 How is the initial password determined for a user and how is it communicated to that user?11.11 In the event that a user passes the eRs an invalid user ID and/or password, does the application

inform the user of the precise reason for the error?11.12 Does the eRs login facility provide help information to the user that would assist him to recall his

password? 11.13 Do the audit trails for the eRs identify the true identity of the person gaining access, the date and time

when access was made, and the object that was accessed? i.e.. Who did what and when.

11.14 Which of the following security events are logged by the eRs: Successful / Unsuccessful login attempts, Successful / Unsuccessful attempts to delete, modify and insert data, Successful attempts to read Personally Identifiable Information (PII), the actions of privileged users.

11.15 Provide information in relation to any limitations to the amount of time audit trails can be retained.

11.16 Does the product allow access restrictions to be set by IP address. If yes please describe.11.17 Will the web server for the eRs be on a physically separate box to both the application server and

database server? If not, please explain.11.18 Will the application server for the eRs be on a physically separate box to the database server? If not,

please explain.11.19 Please describe the external and internal firewall configuration that protects the servers supporting

the eRs. 11.20 Are all the servers supporting the eRs on a subnet(s) free from development and test activity?


http://www.gcio.nsw.gov.au/library/guidelines/791










ResponseTECHNICAL CAPABILITY11.21 Does each subnet containing a server supporting the eRs have a firewall to control access into and

out of the subnet?11.22 What steps do you take to harden server operating systems supporting the eRs?11.23 Please describe the physical and/or logical controls that protect recruitment data from being

accessed by other organisations.11.24 Does the eRs have documented encryption standards and policy? If yes, please describe the key

components of this and identify the tools used.11.25 Please provide detail regarding security measures for data during transmission. 11.26 Please state whether you have Intrusion Detection systems or Intrusion Prevention systems in place

to detect or prevent potential attacks to the eRs.11.27 Please state whether you have Anti Virus systems in place to protect recruitment data from being

affected by virus code.11.28 Are all servers supporting the eRs in rooms with locked doors and access control mechanisms.

11.29 Do your processes and structure comply fully with the NSW Government Privacy Policy in relation to the service being provided and any party that will be in direct contact with the service provided?

11.30 Does the eRs require NSW Government personal information to be sent outside Australia? If YES, please indicate which countries and whether there are privacy laws in these countries commensurate with the NSW Government's Privacy Act.

11.31 Describe the security checks you have in place when engaging permanent or contract staff to ensure that inappropriate people will not have access to sensitive or confidential NSW Government data.

11.32 How will you ensure that NSW Government recruitment data cannot be recovered from media that you dispose of?

11.33 Describe your commitment to continually improving the security of the eRs.11.34 Does the service perform external penetration tests at least quarterly ?11.35 Describe the capacity of your system to operate with authentication technologies (e.g. LDAP, single

sign on)

12.1 If a web based solution, what are the minimum browser requirements for administration?12.2 What are the supported browser requirements for the public interface? Provide a matrix of browsers

and versions.12.3 Will your interface degrade gracefully for older versions or unsupported browsers? What functional

limitations might this entail?12.4 What standards do your online web interfaces comply with? E.g. HTML 4.0, XHTML 1.0 etc.12.5 What operating systems are supported for the client interface and which of these have been tested?

12.6 Is the interface W3C WCAG 1.0 level AA compliant?12.7 How have you measured W3C compliance?12.8 When accessibility issues exist what alternatives options have been provided?

Online Access



ResponseTECHNICAL CAPABILITY12.9 Please identify any plug-ins and or client side applications necessary to operate the features required

by this RFT.12.10 Are there any dynamic updates to plug-ins? Please describe.12.11 What measures do you provide with high and low bandwidth?12.12 Do you have users accessing the system via VPN e.g. from home PCs and if so how many?

13.1 What is the maximum number of NSW Government users permitted?13.2 How many concurrent users (front end users) can access the system interface, discounting internet

variance, before performance is compromised? Are there plans for scaling the capability up in the future?

13.3 If the infrastructure that NSW Government's solution is hosted on will be shared with other corporations how many total concurrent users (i.e. across all of your clients) can access the system before performance is compromised?

13.4 What is your maximum data storage capacity e.g. maximum number of recruitment records before additional costs are incurred by NSW Government? Historically, how many candidates per month does this equate to? Please include assumptions.

13.5 State any limitations on attachment size - from the agency interface and the public interface.13.6 Can all data be provided if NSW Government ends the licence (include applications, resumes, notes

etc) and if so, in what format? Can NSW Government specify the format?

Data and User limits



Response

6.1 What is the name of your product and current version?6.2 Please describe the deployment options available for your eRs (e.g. client-server, hosted, on-

demand, software-as-a-service). If you have multiple options identify which you recommend for the NSW Government and state why.

6.3 Identify the anticipated patch, upgrade and new version releases over the next 12 months.6.4 How long has the product been available?6.5 How many clients currently use this product by organisation?6.6 How may users currently use this system?6.7 How many employees (estimate only) do these client organisations employ in total?6.8 List the quality assurance accreditations or certifications you have, and for each when you received

them and describe what they cover.6.9 Describe your commitment to continually improving the functionality of the eRs.6.10 Does your product cater for a multiple organisation structure. If so please describe the specific

features and capabilities of the eRs to manage a client of the size and diversity of the NSW Government.

7.1 Please provide a graphical representation of your system architecture.7.2 What software does the solution comprise of?7.3 Please describe which operating systems can be used?7.4 For web based solutions, what port numbers do you utilise for the delivery of your service?

Preference is port 80 (http), 443 (https).7.5 Is the reporting tool included with the eRs as a 3rd party application? If so please provide details

including vendor, version and the terms of the arrangement (i.e. are there limits in the number of users?) and inclusion of extra licences.

7.6 Are there any other 3rd party application components in the functional eRs? If so, please provide details including vendor, version and the terms of the arrangement (i.e. are there limits to the number of users?)

7.7 How often do you upgrade these hardware and software components - provide the history for the past 2 years.

7.8 What hardware and software would NSW Government need to provide/have in place to be able to use the eRs effectively.

7.9 What are the interfacing technologies that will be used to present the system to users?7.10 Are there server certificates issued by the provider e.g. SSL certificate?7.11 Please confirm whether the eRs can work effectively with a proxy server? If so, please describe.

7.12 Will load balancing be used to distribute incoming traffic to the eRs? Please describe load balancing information.

7.13 The state records act requires NSW Government to keep a back up of all requisition and application data for a minimum of 7 years. Please advise the recommended approach for meeting this requirement.

TECHNICAL CAPABILITYProduct Information

IT Infrastructure



ResponseTECHNICAL CAPABILITY7.14 Describe horizontal and vertical scalability of the solution.7.15 Please describe how you will allow sufficient capacity for periodical peaks in traffic to the eRs; such

as large scale bulk recruitment campaigns.7.16 Please describe if you provide server log files to facilitate analysis for reporting by third party

applications eg Webtrends. Please describe how they integrate.

8.1 Please describe your redundancy, backup and disaster recovery methodology, including where backups are stored.

8.2 Will you archive the NSW Government recruitment data? How long will the data be retained?8.3 Please describe the redundancy mechanisms you have in place to ensure adequate failover of a

server supporting the eRs. 8.4 Please describe the procedures to restore operations and ensure availability of information at the

required level and in the required time scales following interruption to, or failure of, critical business 24/7 processes. Describe typical outage scenarios for 24/7 operations.

8.5 Indicate the length of time to restore the system and service from backup. 8.6 Indicate the maximum amount of data (in elapsed time) which can be lost when disaster occurs.

8.7 How many data centres will support the eRs? Where are the data centres located? If any of these data centres are operated by a 3rd party, please provide details of these existing relationships.

8.8 In the event of a disaster at the primary data centre, how long would it take to restore operation of the eRs at the alternate data centre?

8.9 If there was a power failure at the data centre, how long would backup generators be able to maintainthe power required to run the eRs?

8.10 Please describe the single points of failure relating to the operation of the eRs and how you would manage a failure.

8.11 If a failure occurred within a server supporting the eRs, how quickly would the failover mechanism take to resume normal operation?

8.12 Please describe any potential failures that could result in the permanent loss of NSW Government data and the mechanisms in place to mitigate the loss?

8.13 When was the last full scale test of your data centre disaster recovery plan? Was the test successful?

9.1 What is your development toolset e.g. Java, .NET? Do you have a documented development methodology? If so, please describe the key components (this should include the SDLC utilised and a process flow).

9.2 Have you been externally audited? When was it completed, by whom and the outcome? 9.3 Do you have a formal (and fully documented) change control process to manage code and data

changes to the eRs? Please provide 3 examples of your change control process.

Development Methodology

Redundancy, Backup and Disaster Recovery



ResponseTECHNICAL CAPABILITY9.4 Do you have a formal (and fully documented) configuration management process to manage changes

in the hardware or configuration relating to the eRs? Please provide 3 examples of your change control process.

9.5 Please provide the name and profile (including qualifications and certifications) of your key software development personnel who have been involved with the eRs. This is to include their start date with your company and examples of other clients they have worked on (preferably these should be relevant to the NSW Government). For each person include when they will be involved and the percentage of their time they will be dedicated to this project.

10.1 Please describe the tools used to integrate the eRs with other applications, and the architecture of the integration.

10.2 Does the eRs comply with HR-XML storage and transmission standards? Please provide reference client details to demonstrate your experience utilising these standards.

10.3 Does the e-Recruitment system support service oriented architectures (SOA)? Please provide details.

10.4 Do you have experience using Web Methods for integrations. If so please provide the reference sites.

10.5 Please describe your integration with messaging and calendar applications and the eRs (for example,formatting of emails sent from the system, ability to utilise i-Calendar attachments etc, for example GroupWise, Lotus Notes, Exchange).

10.6 Please confirm whether you have previous experience integrating with HRIS systems such as Mincom Ellipse, SAP, Oracle and Oracle/PeopleSoft? If so, please provide relevant client details. Please list all details of the systems you have integrated with and describe the integration points.

10.6.1 Do you integrate with a HR system in regards to access control for HR personnel? For example, single sign-on, auto-update of roles. Describe any commercial single sign-on applications with which your application is integrated.

10.7 Does the eRs integrate with any online background checking systems? Please list all vendors you have integrated with and for each the type of background test being conducted and describe what information flows between the systems.

10.8 Does the eRs integrate with any online testing providers? Please list all vendors you have integrated with and describe what information flows between the systems.

10.9 Does the eRs integrate with print media advertising production and transmission systems? Please listall vendors you have integrated with and for each describe what information flows between the systems.

10.10 Please describe your capacity for presenting the eRs and the jobs.nsw website in a similar look and feel.

10.11 Describe your content management functionality? Describe how authorised NSW Government personnel can access the site and requisite skill set.

Integration

Security and Privacy



ResponseTECHNICAL CAPABILITY11.1 Do you have a documented Information Security Policy that is up to date? Please indicate when you

last updated your policy.11.2 Does your Information Security Policy framework align with the ISO 17799 security code of practice?

If not, please explain.11.3 All vendors will have to meet the NSW Standard Security Requirements

http://www.gcio.nsw.gov.au/library/guidelines/791, please indicate how you meet these guidelines.11.4 Do you provide 3rd party audits of security? If yes, how often are these conducted and how often are

results provided to clients? Has your company been audited by a 3rd party for security and privacy compliance? If so, when was the most recent?

11.5 Do you allow clients to conduct audits of your security? If so, please describe the process and whether these include unannounced site visits.

11.6 Please describe the Role Based Access Control model in place to control user access to the eRs. If RBAC is not utilised, please explain how you enforce the "need to know" principle.

11.7 Please describe your Password Control policy for users who authenticate to the eRs and options. For example, are the usernames/passwords for users authenticating to the eRs encrypted, will users of the eRs have a facility to change their passwords, and will users of the eRs be required to change their initial password at first login? Please describe.

11.8 Will all users who authenticate to the eRs have a unique user account? If not, please explain.11.9 Describe where encryption can be used in the system.11.10 How is the initial password determined for a user and how is it communicated to that user?11.11 In the event that a user passes the eRs an invalid user ID and/or password, does the application

inform the user of the precise reason for the error?11.12 Does the eRs login facility provide help information to the user that would assist him to recall his

password? 11.13 Do the audit trails for the eRs identify the true identity of the person gaining access, the date and time

when access was made, and the object that was accessed? i.e.. Who did what and when.

11.14 Which of the following security events are logged by the eRs: Successful / Unsuccessful login attempts, Successful / Unsuccessful attempts to delete, modify and insert data, Successful attempts to read Personally Identifiable Information (PII), the actions of privileged users.

11.15 Provide information in relation to any limitations to the amount of time audit trails can be retained.

11.16 Does the product allow access restrictions to be set by IP address. If yes please describe.11.17 Will the web server for the eRs be on a physically separate box to both the application server and

database server? If not, please explain.11.18 Will the application server for the eRs be on a physically separate box to the database server? If not,

please explain.11.19 Please describe the external and internal firewall configuration that protects the servers supporting

the eRs. 11.20 Are all the servers supporting the eRs on a subnet(s) free from development and test activity?












ResponseTECHNICAL CAPABILITY11.21 Does each subnet containing a server supporting the eRs have a firewall to control access into and

out of the subnet?11.22 What steps do you take to harden server operating systems supporting the eRs?11.23 Please describe the physical and/or logical controls that protect recruitment data from being

accessed by other organisations.11.24 Does the eRs have documented encryption standards and policy? If yes, please describe the key

components of this and identify the tools used.11.25 Please provide detail regarding security measures for data during transmission. 11.26 Please state whether you have Intrusion Detection systems or Intrusion Prevention systems in place

to detect or prevent potential attacks to the eRs.11.27 Please state whether you have Anti Virus systems in place to protect recruitment data from being

affected by virus code.11.28 Are all servers supporting the eRs in rooms with locked doors and access control mechanisms.

11.29 Do your processes and structure comply fully with the NSW Government Privacy Policy in relation to the service being provided and any party that will be in direct contact with the service provided?

11.30 Does the eRs require NSW Government personal information to be sent outside Australia? If YES, please indicate which countries and whether there are privacy laws in these countries commensurate with the NSW Government's Privacy Act.

11.31 Describe the security checks you have in place when engaging permanent or contract staff to ensure that inappropriate people will not have access to sensitive or confidential NSW Government data.

11.32 How will you ensure that NSW Government recruitment data cannot be recovered from media that you dispose of?

11.33 Describe your commitment to continually improving the security of the eRs.11.34 Does the service perform external penetration tests at least quarterly ?11.35 Describe the capacity of your system to operate with authentication technologies (e.g. LDAP, single

sign on)

12.1 If a web based solution, what are the minimum browser requirements for administration?12.2 What are the supported browser requirements for the public interface? Provide a matrix of browsers

and versions.12.3 Will your interface degrade gracefully for older versions or unsupported browsers? What functional

limitations might this entail?12.4 What standards do your online web interfaces comply with? E.g. HTML 4.0, XHTML 1.0 etc.12.5 What operating systems are supported for the client interface and which of these have been tested?

12.6 Is the interface W3C WCAG 1.0 level AA compliant?12.7 How have you measured W3C compliance?12.8 When accessibility issues exist what alternatives options have been provided?

Online Access



ResponseTECHNICAL CAPABILITY12.9 Please identify any plug-ins and or client side applications necessary to operate the features required

by this RFT.12.10 Are there any dynamic updates to plug-ins? Please describe.12.11 What measures do you provide with high and low bandwidth?12.12 Do you have users accessing the system via VPN e.g. from home PCs and if so how many?

13.1 What is the maximum number of NSW Government users permitted?13.2 How many concurrent users (front end users) can access the system interface, discounting internet

variance, before performance is compromised? Are there plans for scaling the capability up in the future?

13.3 If the infrastructure that NSW Government's solution is hosted on will be shared with other corporations how many total concurrent users (i.e. across all of your clients) can access the system before performance is compromised?

13.4 What is your maximum data storage capacity e.g. maximum number of recruitment records before additional costs are incurred by NSW Government? Historically, how many candidates per month does this equate to? Please include assumptions.

13.5 State any limitations on attachment size - from the agency interface and the public interface.13.6 Can all data be provided if NSW Government ends the licence (include applications, resumes, notes

etc) and if so, in what format? Can NSW Government specify the format?

Data and User limits


Department of Premier & Cabinet: NSW Government eRecruitment SystemPart C4 Tenderers' Price Information in response to RFT: 0801624

SUPPLY, IMPLEMENTATION & PROGRESS PAYMENTS

NOTE: Tendered prices must include the cost of meeting the functional requirements in accordance with the tenderers' response at Part C2 of this RFT.

Tenderer Name:

Functional Requirement* System NameProposed payment

(EXcluding GST)

Proposed payment

(INcluding GST)

7. Government Print Advertising weeks -$ 8. Excess Employee Management weeks -$

9. Eligibility List Management weeks -$ 10. Content Management System11. NSW Health Specific Requirements weeks -$ 12. Dept of Education Specific Requirements weeks -$

TOTAL: -$

* An all inclusive price is to be entered for requirements 1-6. It is expected that these requirements are provided as standard

Enter Text in green fieldsEnter $amounts in yellow fields

-$

Proposed milestone payment dates (expressed as x number of weeks after commencement of

the contract)1. General 2. Libraries 3. Back Office 4. Talent Pool 5. Front End 6. Reporting weeks

Tenderers are to note that alternative pricing models may be considered where they meet the key outcome and Deliverables.

VERSION 2.1.3EXECUTION OF AGREEMENT [PART ONE]

STANDARD TERMS AND CONDITIONS [PART TWO]DICTIONARY [PART THREE]

SCHEDULES [PART FOUR]MODULES [PART FIVE]

SERVICE LEVEL AGREEMENT [PART SIX]

CONTENTS PART 1 - EXECUTION OF AGREEMENT ............................................................................................................ 1

PART 2 - STANDARD TERMS AND CONDITIONS ............................................................................................. 3

1. AGREEMENT ADMINISTRATION ........................................................................................................ 4

1.1 AUTHORISED REPRESENTATIVES .................................................................................................... 4 1.2 NOTICES ............................................................................................................................................... 4

2. AGREEMENT OPERATION .................................................................................................................. 4

2.1 TERM ......................................................................................................................................... 4 2.2 ENTIRE AGREEMENT........................................................................................................................... 4

3. MANAGEMENT OF AGREEMENT ....................................................................................................... 5

3.1 CO-OPERATION ................................................................................................................................... 5 3.2 DUTY NOT TO HINDER PERFORMANCE ............................................................................................ 5 3.3 CONTRACTOR’S WARRANTIES .......................................................................................................... 5 3.4 AGREEMENT DETAILS......................................................................................................................... 5 3.5 ISSUE RESOLUTION ............................................................................................................................ 5 3.6 AMICABLE RESOLUTION..................................................................................................................... 6 3.7 REFERRAL TO EXPERT DETERMINATION......................................................................................... 6 3.8 NOTIFICATION OF CHANGE IN CONTROL OR TRANSFER OF OWNERSHIP................................... 6 3.9 NOTIFICATION OF CONTRACTOR’S INSOLVENCY ........................................................................... 6 3.10 TAXES, DUTIES AND GOVERNMENT CHARGES ............................................................................... 6

4. RISK MANAGEMENT............................................................................................................................ 7

4.1 MINIMUM INSURANCE REQUIREMENTS............................................................................................ 7 4.2 FINANCIAL SECURITY.......................................................................................................................... 8 4.3 PERFORMANCE GUARANTEE ............................................................................................................ 9 4.4 THIRD PARTY INDEMNITY ................................................................................................................... 9 4.5 LIABILITY UNDER THE AGREEMENT.................................................................................................. 9 4.6 LIMITATION OF LIABILITY .................................................................................................................. 10

5. INFORMATION MANAGEMENT......................................................................................................... 10

5.1 CONFIDENTIALITY ............................................................................................................................. 10 5.2 INTELLECTUAL PROPERTY .............................................................................................................. 11

6. SECURITY AND ACCESS .................................................................................................................. 11

6.1 ACCESS TO PRINCIPAL’S SITE ......................................................................................................... 11 6.2 PRIVACY ....................................................................................................................................... 12 6.3 SECRECY AND SECURITY................................................................................................................. 12

7. CONTRACTOR’S OBLIGATIONS UNDER THIS AGREEMENT........................................................ 12

7.1 PRODUCT AND SERVICE WARRANTIES .......................................................................................... 12 7.2 RECTIFICATION OF DEFECTS........................................................................................................... 13 7.3 THIRD PARTY WARRANTY ................................................................................................................ 13 7.4 COMPLIANCE WITH LAWS, STANDARDS AND CODES ................................................................... 13 7.5 INDUSTRIAL RELATIONS ISSUES..................................................................................................... 13 7.6 LICENCES AND APPROVALS ............................................................................................................ 14 7.7 KEEPING OF RECORDS AND ACCESS TO RECORDS..................................................................... 14 7.8 CREDIT/DEBIT CARD OR ELECTRONIC FACILITY ........................................................................... 14 7.9 CONTRACTOR’S OBLIGATIONS IN RELATION TO THE PRINCIPAL’S MATERIALS ....................... 14 7.10 REPORTS............................................................................................................................................ 14

8. PRINCIPAL’S OBLIGATIONS............................................................................................................. 15

8.1 PRINCIPAL TO PROVIDE INFORMATION.......................................................................................... 15 8.2 PRINCIPAL’S MATERIALS.................................................................................................................. 15 8.3 PRINCIPAL’S PERSONNEL ................................................................................................................ 15 8.4 SITE PREPARATION........................................................................................................................... 15

9. PERSONNEL....................................................................................................................................... 15

9.1 RESTRICTION ON ENGAGING PERSONNEL OF OTHER PARTY .................................................... 15 9.2 CONTRACTOR’S PERSONNEL.......................................................................................................... 16 9.3 REMOVAL OF SPECIFIED PERSONNEL ........................................................................................... 16 9.4 SUB-CONTRACTING .......................................................................................................................... 16

10. PERFORMANCE OF THIS CONTRACT............................................................................................. 16

10.1 DELIVERY NOTIFICATION ................................................................................................................. 16 10.2 DELIVERY ........................................................................................................................................... 16 10.3 REJECTION AND ACTUAL ACCEPTANCE DATE .............................................................................. 17 10.4 REJECTION NOTIFICATION............................................................................................................... 17 10.5 ACCEPTANCE TESTING .................................................................................................................... 17 10.6 DOCUMENTATION.............................................................................................................................. 19 10.7 EXTENSION OF TIME ......................................................................................................................... 19 10.8 ESCROW OF SOURCE CODE ............................................................................................................ 19 10.9 ADDITIONAL SERVICES..................................................................................................................... 20

11. PROJECT MANAGEMENT ................................................................................................................. 20

11.1 APPLICATION OF PROJECT MANAGEMENT CLAUSES .................................................................. 20 11.2 MANAGEMENT COMMITTEE ............................................................................................................. 20 11.3 PROGRESS REPORTING................................................................................................................... 20 11.4 CONTRACT REVIEW PROCEDURES ................................................................................................ 21 11.5 SITE SPECIFICATION......................................................................................................................... 21 11.6 IMPLEMENTATION PLANNING STUDY (IPS) .................................................................................... 21 11.7 PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) – IF APPLICABLE............................... 21 11.8 STAGED IMPLEMENTATION AND THE RIGHT TO TERMINATE....................................................... 22 11.9 SERVICE LEVEL AGREEMENT – IF APPLICABLE............................................................................. 22 11.10 TIME OF THE ESSENCE ..................................................................................................................... 22 11.11 RETENTION OF MONEYS .................................................................................................................. 23 11.12 BUSINESS CONTINGENCY ARRANGEMENTS................................................................................. 23

12. PAYMENT............................................................................................................................................ 23

12.1 PAYMENT OF CONTRACT PRICE...................................................................................................... 23 12.2 INVOICES AND TIME FOR PAYMENT ................................................................................................ 23 12.3 SET-OFF/MONEY RECOVERABLE BY THE PRINCIPAL ................................................................... 24 12.4 SUSPENSION OF PAYMENTS ........................................................................................................... 24

13. VARIATIONS ....................................................................................................................................... 24

14. TERMINATION .................................................................................................................................... 24

14.1 TERMINATION FOR CONVENIENCE ................................................................................................. 24 14.2 TERMINATION OF THIS AGREEMENT FOR BREACH BY CONTRACTOR....................................... 25 14.3 EFFECT OF TERMINATION OF AGREEMENT................................................................................... 25 14.4 TERMINATION FOR BREACH BY THE PRINCIPAL ........................................................................... 25

15. GENERAL............................................................................................................................................ 25

15.1 DISCLOSURE OF CONFLICTS OF INTEREST................................................................................... 25 15.2 EVENTS............................................................................................................................................... 25 15.3 ASSIGNMENT OR NOVATION............................................................................................................ 26 15.4 WAIVER............................................................................................................................................... 26 15.5 SEVERABILITY.................................................................................................................................... 26 15.6 COUNTERPARTS ............................................................................................................................... 26 15.7 APPLICABLE LAW............................................................................................................................... 26 15.8 RIGHTS CUMULATIVE........................................................................................................................ 26 15.9 NO AGENCY, EMPLOYEE OR PARTNERSHIP RELATIONSHIP ....................................................... 27

PART 3 - DICTIONARY....................................................................................................................................... 28

1. INTERPRETATION.............................................................................................................................. 29

1.1 DEFINITIONS ...................................................................................................................................... 29 1.2 RULES FOR INTERPRETING THIS AGREEMENT ............................................................................. 35

PART 4 - SCHEDULES ....................................................................................................................................... 37

SCHEDULE 1 – AGREEMENT DETAILS ..................................................................................................... 38

SCHEDULE 2 – AGREEMENT DOCUMENTS ............................................................................................. 45

SCHEDULE 3 – PRODUCT AND SERVICE LIST ........................................................................................ 46

SCHEDULE 4 – STATUTORY DECLARATION BY SUBCONTRACTOR ................................................... 56

SCHEDULE 5 – EXPERT DETERMINATION PROCEDURE ....................................................................... 57

SCHEDULE 6 – CONFIRMATION OF INSURANCES.................................................................................. 59

SCHEDULE 7 – FINANCIAL SECURITY...................................................................................................... 60

SCHEDULE 8 – PERFORMANCE GUARANTEE......................................................................................... 62

SCHEDULE 9 – DEED OF CONFIDENTIALITY ........................................................................................... 65

SCHEDULE 10 - PRIVACY ............................................................................................................................ 70

SCHEDULE 11 – ESCROW AGREEMENT .................................................................................................... 71

SCHEDULE 12 – VARIATION PROCEDURES .............................................................................................. 78

SCHEDULE 13 – RISK MANAGEMENT......................................................................................................... 82

PART 5 - MODULES ........................................................................................................................................... 83

MODULE 01 HARDWARE ACQUISITION AND INSTALLATION............................................................. 84 MODULE 02 HARDWARE MAINTENANCE SERVICES.......................................................................... 86 MODULE 03 LICENSED SOFTWARE ..................................................................................................... 90 MODULE 04 DEVELOPMENT SERVICES .............................................................................................. 94 MODULE 05 SOFTWARE SUPPORT SERVICES ................................................................................... 99 MODULE 06 IT PERSONNEL ................................................................................................................ 102 MODULE 07 PROFESSIONAL SERVICES............................................................................................ 105 MODULE 08 DATA MANAGEMENT ...................................................................................................... 106 MODULE 09 TELECOMMUNICATIONS SERVICES ............................................................................. 110 MODULE 09A TELECOMMUNICATIONS SERVICES - SPECIAL TERMS FOR GTA CATEGORY 1B

SERVICES (BROADBAND LOCAL ACCESS) .................................................................. 121 MODULE 09B TELECOMMUNICATIONS SERVICES - SPECIAL TERMS FOR GTA CATEGORY 2

SERVICES (BROADBAND INTERNET ACCESS) ............................................................ 123 MODULE 10 WEB SERVICES ............................................................................................................... 125 MODULE 11 MANAGED SERVICES ..................................................................................................... 131 MODULE 11A SPECIAL TERMS RELATING TO MANAGEMENT OF GTA CATEGORY 1B SERVICES

AND CORE NETWORK SERVICES.................................................................................. 134 MODULE 12 SYSTEMS INTEGRATION SERVICES ............................................................................. 136

PART 6 - SERVICE LEVEL AGREEMENT (SLA)............................................................................................. 141

SERVICE LEVEL AGREEMENT........................................................................................................................ 142

[PART ONE]

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PART 1 - EXECUTION OF AGREEMENT Deed of Agreement dated the day of 20

Between the State Contracts Control Board, acting for and on behalf of [insert name of Government party]

of [insert address]

in the State of (‘the Principal’)

and [insert name and ACN / ABN of Contractor]

of [insert business address]

in the State of (‘the Contractor’)

Recitals: A This Agreement sets out the mutually agreed terms and conditions under which the Contractor

has entered into a contract with the Principal for the supply of information and communications technology Products and Services.

B The Principal and the Contractor agree that the terms and conditions of this Agreement govern

the provision of Products and Services to the Principal over the Term of this Agreement.

The Parties Agree: The terms and conditions of this Agreement are those appearing in: (a) the Agreement Details; (b) the Standard Terms and Conditions; (c) the Dictionary; (d) the Modules to this Agreement referenced in Item 5 of the Agreement Details, and (e) the Schedules referenced in Item 6 of the Agreement Details, and any inconsistency between the above documents shall be determined in the order of priority from (a) to (e), to the extent of any inconsistency. 1

[PART ONE]

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EXECUTED AS AN AGREEMENT Signed for and on behalf of [insert name of Principal]

By [insert name of Principal’s Representative] but not so as to incur personal liability

In the presence of: [insert name of witness]

Signature of Principal’s Representative Signature of Witness

Signed by [insert Contractor’s name and ACN/ABN]

in accordance with s127 of the Corporations Act 2001 by:

Signature Director Signature of Director/Secretary

Print name Print name

END OF PART ONE

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PART 2 - STANDARD TERMS AND CONDITIONS

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STANDARD TERMS AND CONDITIONS

1. Agreement Administration 1.1 AUTHORISED REPRESENTATIVES

1.1.1 Each Party must nominate in the Agreement Details, their duly authorised representatives.

1.1.2 Each Party warrants that their respective nominated representatives have the power and authority to provide such consents as are required and to issue instructions for the fulfilment of the terms of this Agreement.

1.1.3 Where the Principal is required to give consent under the terms of this Agreement, it may do so upon such reasonable conditions as it sees fit to impose.

1.2 NOTICES

Form

1.2.1 Any notice to or by a Party under this Agreement shall be by Notice in Writing sent by an authorised representative of the Party.

Service method

1.2.2 Any Notice in Writing must be sent to the receiving Party’s Service Address.

Receipt

1.2.3 Any Notice in Writing shall be deemed to be received for the purposes of this Agreement at 9.00 am on the next business day following receipt of the notice at the receiving Party’s Service Address.

2. Agreement Operation 2.1 TERM

This Agreement commences on the date specified in the Agreement Details and will continue for the period specified in the Agreement Details. The Contractor agrees that the Principal may by Notice in Writing extend this Agreement on the same terms for the period specified in the Agreement Details.

2.2 ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Contractor and the Principal. Any prior arrangements, agreements, or undertakings by the Contractor and the Principal are superseded and shall have no effect.

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3. Management of Agreement 3.1 CO-OPERATION

The Principal and Contractor must do all they reasonably can to co-operate in all matters relating to this Agreement, but their rights and responsibilities under this Agreement remain unchanged unless the Parties agree in writing to vary them.

3.2 DUTY NOT TO HINDER PERFORMANCE

Each Party must do all it reasonably can to avoid hindering the performance of the other under this Agreement.

3.3 CONTRACTOR’S WARRANTIES

The Contractor warrants that:

(a) it has the right and authority to enter into this Agreement; (b) to the best of its knowledge, no Conflict of Interest of the Contractor or its Personnel

exists or is likely to arise in the performance of their obligations under this Agreement; (c) the information provided by the Contractor as to the structure, viability, reliability,

insurance cover, capacity, experience and expertise of the Contractor and its Personnel is correct and complete;

(d) it has obtained all licences, approvals and consents necessary to grant any rights or

perform any obligations under this Agreement; (e) the Deliverables do not infringe the Intellectual Property or Moral Rights of a third party; (f) the Deliverables conform to the Contract Specifications and any standards specified in

the Agreement Details; and (g) if a Virus is introduced into the Principal’s Systems as a result of the supply by the

Contractor of a Deliverable or any wrongful act (including negligent) or omission by the Contractor or its Personnel, then the Contractor, must at its own cost and expense (at the election of the Principal), immediately remove or allow the Principal to remove the Virus and reinstate the affected Deliverable.

3.4 AGREEMENT DETAILS

This Agreement shall not be valid and legally effective unless the Parties mutually agree and complete all applicable Agreement Details.

3.5 ISSUE RESOLUTION

3.5.1 The Parties agree to resolve any conflicts or issues between them in relation to this Agreement in accordance with the provisions of clauses 3.5 to 3.7 inclusive and Schedule 5.

3.5.2 In order to resolve any conflicts or issues between the Parties promptly and to the satisfaction of the Parties, the issue resolution process stated below must be followed in this priority until the issue is resolved:

(a) Amicable resolution (clause 3.6);

(b) Expert determination (clause 3.7 and Schedule 5).

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3.6 AMICABLE RESOLUTION

3.6.1 A Party may submit Notice in Writing to the other Party of an issue, including a dispute or difference (“the Issue Notice”), about the meaning or effect of the Agreement or any matter arising under or out of this Agreement.

3.6.2 The Issue Notice must be submitted within a reasonable time of the Party becoming aware of the issue to the other Party’s authorised representative.

3.6.3 The Parties must follow the issue resolution process in this clause 3.6 and Schedule 5, before either commences proceedings or takes similar action except to seek an urgent injunction or declaration.

3.6.4 If a Party submits an Issue Notice under this clause, each Party will nominate in writing a senior executive within 7 days. The nominated senior executives must promptly confer at a time and place that is mutually convenient to resolve the issue.

3.7 REFERRAL TO EXPERT DETERMINATION

3.7.1 A Party is not entitled to refer an issue for expert determination in accordance with Schedule 5, until 21 days after submitting the Issue Notice.

3.7.2 A Party may only refer an issue to expert determination by submitting Notice in Writing to the other Party’s authorised representative specifying the issue to be decided (“the Referral Notice”).

3.7.3 If a Referral Notice has not been submitted within 28 days of becoming entitled under clause 3.7.1 then the issue is barred from expert determination or any other action or proceedings (including court proceedings).

3.7.4 Unless the Parties otherwise agree in writing, clauses 3.5 to 3.7 do not apply to disputes the subject matter of which exceeds the amount nominated in Item 8 of Schedule 1. In the event that the Parties are unable to agree on the amount of the subject matter, then either Party may submit an Issue Notice to the other Party and the provisions of clauses 3.5 to 3.7 shall be followed for the sole purpose of determining the amount in dispute.

3.8 NOTIFICATION OF CHANGE IN CONTROL OR TRANSFER OF OWNERSHIP

During the Term, the Contractor must immediately notify the Principal in writing of any proposed or other Change in Control or any proposed or other action to reconstruct or amalgamate itself.

3.9 NOTIFICATION OF CONTRACTOR’S INSOLVENCY

The Contractor must immediately notify the Principal in writing of the Contractor’s Insolvency and disclose the details of any action taken in relation to the Contractor’s Insolvency in so far as it affects this Agreement.

3.10 TAXES, DUTIES AND GOVERNMENT CHARGES

3.10.1 The Contractor is liable for all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of any Contract arising out of this Agreement, except taxes to which clauses 3.10.2 to 3.10.5 inclusive, apply.

3.10.2 No amount is payable under this Agreement until a Correctly Rendered Invoice is received.

3.10.3 If there is any abolition or reduction of any tax, duty, excise or statutory charge associated with the GST, or any change in the GST, the Consideration payable for the Supply must be varied so that the Contractor’s net dollar margin for the Supply remains the same.

3.10.4 Any contract entered into by a Party to this Agreement or a contract with a third party which

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involves a Supply being made, the cost of which will affect the cost of any Supply made under or in connection with this Agreement, must include a clause in equivalent terms to this clause 3.10.

3.10.5 The Parties agree that all amounts payable or Consideration given by a Party to the other under this Agreement are inclusive of GST.

4. Risk Management 4.1 MINIMUM INSURANCE REQUIREMENTS

4.1.1 The Contractor must hold and maintain, and must take all reasonable steps to satisfy itself that its subcontractors are beneficiaries under or otherwise hold and maintain, the following insurances for the Term:

(a) a broad form liability policy of insurance that includes:

(i) public liability insurance of the value of at least the amount specified in the Agreement Details in respect of each claim;

(ii) products liability insurance of the value of at least the amount specified in the Agreement Details for the total aggregate liability for all claims arising out of the Contractor’s products for the period of cover;

(b) workers’ compensation insurance in accordance with applicable legislation for all the Contractor’s employees;

(c) professional indemnity insurance to the value of at least the amount specified in the Agreement Details. The professional indemnity insurance must:

(i) cover the Contractor’s liability to the Principal in respect of the Services and any Products supplied ancillary to the Services;

(ii) be maintained by the Contractor for the period specified in the Agreement Details; and

(iii) include a description of the risk covered by the policy; and

(d) such other insurances as are specified in the Agreement Details.

4.1.2 All policies of insurance must be effected with an insurer Rated A- or better by AM Best or an equivalent rating organization. 4.1.3 The Contractor must, and must ensure that subcontractors, as soon as practicable, inform the Principal in writing of the occurrence of an event that may give rise to a claim under a policy of insurance effected as required by the Agreement and must ensure that the Principal is kept fully informed of subsequent action and developments concerning the claim.

4.1.4 During the Term, the Contractor must when requested in writing by the Principal:

(a) supply proof that all insurance policies required by this Agreement are current; and

(b) if required, arrange for its insurer to complete and sign a “Confirmation of Insurances Obtained Form” substantially in the form of Schedule 6, and provide this to the Principal within 30 days of the request. Equivalent evidence as to the currency of insurance policies required by this Agreement will be acceptable to the Principal.

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4.1.5 If the Contractor fails to comply with clauses 4.1.1 and 4.1.2, the Principal may treat the failure as a Substantial Breach of the Agreement.

4.1.6 Where the Contractor is insured under a foreign parent company’s or holding company’s insurance policy, that insurance policy must clearly indicate that it applies to and extends coverage to the Contractor in accordance with clause 4.1.1.

4.1.7 The Contractor’s compliance with this clause 4.1 does not limit the liabilities or obligations of the Contractor under other provisions of this Agreement.

4.2 FINANCIAL SECURITY

4.2.1 The Principal may from time to time on reasonable grounds notify the Contractor in writing that it must provide a Financial Security substantially in the form of the agreement set out in Schedule 7.

4.2.2 The Financial Security will be held as security for the due and proper performance and completion of all the obligations of the Contractor under this Agreement.

4.2.3 The Financial Security must be issued by an Australian domiciled bank, insurance company or other financial institution (“Issuer”) acceptable to the Principal.

4.2.4 If the Contractor fails to properly perform and complete its obligations under this Agreement and the Principal suffers loss or damage arising from, or in connection with, such failure by the Contractor, the Principal may deduct any or all such loss or damage (as ascertained and certified by the Principal) from the Financial Security.

4.2.5 If the Financial Security is not sufficient to meet payment of all the loss or damage suffered by the Principal, the balance remaining will be a debt due and owing from the Contractor to the Principal and may be recovered by the Principal in accordance with clause 12.3.

4.2.6 The Contractor agrees that the Principal will have no liability of any nature (whether in negligence or otherwise) for any loss or damage suffered or incurred by the Contractor where the Principal exercises its rights under this clause in good faith.

4.2.7 The Contractor waives any rights it may have to obtain an injunction or otherwise prevent the Principal from making a claim or receiving a payment under the Financial Security. This clause 4.2.7 does not prevent the Contractor from taking action to recover from the Principal any amount invalidly received by the Principal under any such Financial Security.

4.2.8 The Financial Security must be released to the Contractor (or to whom the Contractor directs) if:

(a) the Contractor has fully performed and discharged all of its obligations under this Agreement; and

(b) in the reasonable opinion of the Principal as applicable, there is no prospect that money or damages will become owing (whether actually or contingently) by the Contractor to the Principal.

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4.3 PERFORMANCE GUARANTEE

If requested by the Principal on reasonable grounds, the Contractor must arrange for a guarantor approved in writing by the Principal to enter into an agreement with the Principal substantially in the form of the agreement set out in Schedule 8.

4.4 THIRD PARTY INDEMNITY

4.4.1 The Contractor must indemnify the Principal (including its Personnel) against a loss or liability that has been incurred by the Principal as the result of a claim made by a third party:

(a) where that loss or liability was caused or contributed to by any wrongful (including negligent) act or omission by the Contractor or its Personnel;

(b) where and to the extent that loss or liability relates to personal injury, death or property damage; or

(c) where that loss or liability arises from a claim made or threatened against the Principal in which it is alleged that a Deliverable (including the Principal’s use of a Deliverable) infringes the Intellectual Property, including the Moral Rights of a third party or individual who has performed work under this Agreement on behalf of the Contractor.

4.4.2 For the purposes of clause 4.4.1(c) an infringement of Intellectual Property rights includes unauthorised acts which would, but for the operation of the Patents Act (Cth) 1990 s.163, the Designs Act (Cth) 1906 s.40A, the Copyright Act (Cth) 1968 s.183 and the Circuits Layout Act (Cth) 1989 s.25, constitute an infringement.

4.4.3 The Principal may in its discretion permit the Contractor, at the Contractor’s expense, to handle all negotiations for settlement and, as permitted by law, to control and direct any litigation that may follow a claim under clause 4.4.1, subject to the Contractor agreeing to comply at all times with the Principal’s reasonable directions and government policy relevant to the conduct of the litigation.

4.4.4 Where the Principal permits the Contractor to handle the claim, the Principal will, upon the Contractor confirming its obligations under the indemnity in clause 4.4.1, provide the Contractor with reasonable assistance in defending, settling or otherwise conducting the claim at the Contractor’s expense.

4.4.4 Without prejudice to the Principal’s rights under clause 4.4.1 if a claim of infringement of Intellectual Property rights is made or threatened by a third party, the Contractor must with the consent of the Principal, at the Contractor’s expense, either:

(a) obtain for the Principal the right to the continued use of the Deliverable; or

(b) replace or modify the Deliverable so that the alleged infringement ceases and the replaced or modified Deliverable provides the Principal with equivalent functionality and performance as required in the Contract Specifications.

4.4.5 This clause 4.4 will survive the termination or expiry of this Agreement.

4.5 LIABILITY UNDER THE AGREEMENT

4.5.1 The liability of a Party to the other Party for breach of this Agreement, or in tort, or for any other common law or statutory cause of action arising out of the operation of this Agreement, shall be determined under the relevant law in Australia that is recognised, and would be applied, by the High Court of Australia.

4.5.2 The liability of a Party for loss or damage sustained by the other Party will be reduced proportionately but only to the extent that any wrongful (including negligent) act or omission of the other Party or its Personnel caused or contributed to the loss.

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4.6 LIMITATION OF LIABILITY

4.6.1 Liability under this Agreement may not be capped unless a risk management plan consistent with AS/NZ 4360:2004 is completed. The risk management plan must be provided substantially in the form of Schedule 13 and must include at least:

(a) a description of the procurement context;

(b) an identification and schedule of potential risks and their impacts;

(c) an assessment of risk likelihood and consequences;

(d) a risk management plan; and

(e) a risk treatment plan.

4.6.2 The Parties will each bear their own costs in completing the risk assessment.

4.6.3 The liability of a Party under this Agreement, in respect of each occurrence giving rise to an action described in clause 4.5 shall, except in relation to liability for:

(a) personal injury (including sickness and death);

(b) loss of, or damage to, tangible property;

(c) liability for which an indemnity provided for under this Agreement;

(d) breach of a Statutory Requirement; or

(e) infringement of a third party’s intellectual property rights,

be limited to an amount specified in the Agreement Details.

4.6.4 In clause 4.6.3 “occurrence” means either a single occurrence, or a series of occurrences if these are linked or occur in connection with one another from one original cause, as the case may be.

4.6.5 The Parties’ liability does not include Consequential Loss.

5. Information Management 5.1 CONFIDENTIALITY

5.1.1 Except to the extent necessary to comply with any Statutory Requirements or government policy relating to the public disclosure of Confidential Information, neither Party will make public, disclose or use any Confidential Information except in accordance with this Agreement, unless the other Party gives its prior written consent.

5.1.2 Each Party may disclose the Confidential Information to its Personnel where the disclosure is essential to carrying out their duties for the purposes of this Agreement.

5.1.3 Each Party must ensure that any Confidential Information is used solely in connection with, or for the purposes of fulfilling its obligations under this Agreement.

5.1.4 The Principal may at any time require the Contractor to arrange for its Personnel engaged in the performance of this Agreement to execute without delay a Deed of Confidentiality substantially in the form of Schedule 9.

5.1.5 This clause 5.1 shall survive the termination or expiry of this Agreement for a period of six years.

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5.2 INTELLECTUAL PROPERTY

Principal’s Intellectual Property

5.2.1 Subject to clause 5.2.3, all Intellectual Property rights in the Deliverables shall immediately vest upon their creation in the Principal without further need for assurance.

5.2.2 To the extent that the Contractor needs to access or use the Principal’s Materials for the provision of the Deliverables, the Principal grants the Contractor a non-exclusive, non-transferable licence for the Term to use such materials.

Intellectual Property to vest in both Principal and Contractor

5.2.3 To the extent specified in the Agreement Details, Intellectual Property rights in the Deliverables shall vest in the Contractor. In that event, the Contractor grants a perpetual, non-exclusive and non-transferable licence to the Principal to use, reproduce and adapt such Deliverables to support the Principal’s business and administrative processes.

Pre-existing Intellectual Property Rights

5.2.4 Nothing in this clause 5.2 will affect the ownership of any pre-existing Intellectual Property rights in any tools, object libraries, methodologies and materials (“Materials”) used to produce or that are incorporated with the Deliverables. Where such Materials are owned by the Contractor or a third party, the Contractor grants and will ensure that relevant third parties grant to the Principal, at no additional cost a perpetual, non-exclusive, non-transferable licence:

(a) to use, reproduce and adapt such Materials for its own use in connection with, or for the operation, support and/or use of the Deliverable; and

(b) where and only to the extent specified in the Agreement Details, to perform any other act with respect to copyright or to manufacture, sell, hire or otherwise exploit the items or to license any third party to do any of those things in respect of the Materials.

Survival of clause 5.2

5.2.5 This clause 5.2 will survive the termination or expiry of this Agreement.

6. Security and Access 6.1 ACCESS TO PRINCIPAL’S SITE

6.1.1 Where the Principal provides the Contractor with access to the Principal’s Site, the Contractor shall:

(a) ensure that all Personnel comply with the reasonable requirements and directions of the Principal with regard to conduct, behaviour, safety and security; and

(b) be liable for any damage caused by the Contractor or its Personnel on the Principal’s Site.

6.1.2 Access to the Principal’s Site may be temporarily denied or suspended by the Principal, at its sole discretion.

6.1.3 Except where denial of access is due to an investigation into the conduct or due to the wrongful conduct, of the Contractor or its Personnel, the Principal must give a reasonable extension of time to complete any obligations affected by the denial of access.

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6.1.4 The Principal must reimburse the Contractor its reasonable, unavoidable and substantiated costs caused by the denial of access (except where the denial is related to an investigation into the conduct or due to the wrongful conduct of the Contractor or its Personnel). Reimbursement of those costs shall be in total satisfaction of the liability of the Principal to the Contractor in respect of the denial of access.

6.2 PRIVACY

6.2.1 The Contractor must comply with the obligations set out in Schedule 10 and any Statutory Requirements relating to privacy.

6.2.2 The Contractor must immediately notify the Principal when the Contractor becomes aware of or receives a complaint relating to a breach of this clause 6.2 by the Contractor or its Personnel.

6.2.3 The Contractor will indemnify the Principal in respect of any loss, liability or expense incurred arising out of or in connection with a breach of any obligations under or pursuant to this clause 6.2.

6.2.4 The Principal must give the Contractor fourteen days Notice in Writing of an intention to assume a liability, loss or expense in accordance with clause 6.2.3 including in that notice an explanation of how that liability or expense was assessed and the Contractor’s proposed share of that liability.

6.2.5 This clause 6.2 will survive the termination or expiry of this Agreement for a period of six years.

6.3 SECRECY AND SECURITY

The Contractor shall comply and shall ensure that its Personnel comply, with the secrecy and security requirements of the Principal as set out in the Agreement Details, or as notified by the Principal to the Contractor from time to time.

7. Contractor’s Obligations under this Agreement 7.1 PRODUCT AND SERVICE WARRANTIES

Product warranty

7.1.1 In relation to a Deliverable that comprises Products, the Contractor warrants that each Product:

(a) will be supplied in accordance with the requirements of this Agreement;

(b) will be free from any charge or liability;

(c) shall be new, unless otherwise specified in the Agreement Details and shall conform to the Contract Specifications;

(d) shall conform to the description and model number provided by the Contractor; and

(e) shall be free from material defects in workmanship.

Service warranty

7.1.2 In relation to a Deliverable that comprises Services, the Contractor warrants that:

(a) the Contractor will provide the Services in accordance with the requirements of this Agreement and with due care and skill;

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(b) if specified in the Agreement Details that they are required, the Contractor has established quality assurance arrangements for the provision of the Services and will comply with and maintain those quality assurance arrangements during the Term; and

(c) the Contractor will not enter into any arrangement that impedes or is likely to hinder its provision of the Services in a manner, and to a standard, that is not satisfactory to the Principal without obtaining the Principal’s prior written consent.

7.2 RECTIFICATION OF DEFECTS

7.2.1 If a Defect occurs during the Warranty Period, the Contractor will promptly undertake any remedial work or supply a replacement in respect of the affected Deliverable at no charge including where applicable, supplying an Update or New Release.

7.2.2 The Contractor warrants to the same extent as the Deliverable, any remedial work or Deliverable replacement provided in accordance with clause 7.2.1 from completion of that rectification work or the replacement.

7.2.3 Where the Contractor does not comply with clause 7.2.1 within a reasonable time of becoming aware of a Defect, the Principal may perform or have performed the necessary rectification work and the reasonable costs incurred shall be recoverable in accordance with clause 12.3.

7.2.4 Subject to clause 7.2.5, any work performed by or on behalf of the Principal pursuant to clause 7.2.3 shall not have the effect of invalidating any warranty provided by the Contractor under this Agreement. The Contractor shall not be required to provide a warranty for the work performed or to fix any problems caused solely by a third party arising from the rectification work.

7.2.5 The Contractor shall not be liable at any time under this clause 7.2 for any Defect in any Deliverable resulting from any failure of the Principal to use the Deliverable in compliance with any Documentation supplied to the Principal.

7.3 THIRD PARTY WARRANTY

7.3.1 Where the Contractor supplies Deliverables that have been procured from third parties, the Contractor shall as soon as reasonably practical provide to the Principal written notification of any details of any warranties given by the third parties.

7.3.2 The Contractor must if requested by the Principal, procure the assignment of those third party warranties to the Principal within a reasonable period of the request. Any third party warranties so assigned do not relieve the Contractor from its obligation to comply with the Contractor’s warranties under this Agreement.

7.4 COMPLIANCE WITH LAWS, STANDARDS AND CODES

The Parties must, in performing their obligations under this Agreement, comply with:

(a) all Statutory Requirements;

(b) the codes, policies, and guidelines specified in the Agreement Details; and

(c) those standards specified in the Agreement Details.

7.5 INDUSTRIAL RELATIONS ISSUES

The Contractor must immediately notify the Principal of any industrial relations issues that adversely affect or are likely to adversely affect the Contractor’s or its Personnel’s

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performance under this Agreement.

7.6 LICENCES AND APPROVALS

All licences, approvals and consents obtained by the Contractor in relation to this Agreement are to be obtained at the Contractor’s cost.

7.7 KEEPING OF RECORDS AND ACCESS TO RECORDS

The Contractor must keep accurate and detailed financial records and other information relevant to the performance of this Agreement. The Contractor must give the Principal reasonable access to and copies of such records and information within a reasonable time of a written request from the Principal.

7.8 CREDIT/DEBIT CARD OR ELECTRONIC FACILITY

The Principal may pay any amount due under this Agreement by credit/debit card or electronic facility as specified in the Agreement Details.

7.9 CONTRACTOR’S OBLIGATIONS IN RELATION TO THE PRINCIPAL’S MATERIALS

7.9.1 The Contractor must:

(a) not use any of the Principal’s Materials other than for the purposes of this Agreement without the prior written consent of the Principal;

(b) not part with possession of any of the Principal’s Materials unless the Principal has provided its prior written consent, nor create or allow the creation of any lien, charge or mortgage over any of the Principal’s Materials;

(c) take all reasonable care of all of the Principal’s Materials including accounting for, preserving, installing or handling of the Principal’s Materials;

(d) pay the costs, if any, set out in the Agreement Details, for the Principal’s Materials;

(e) not modify any of the Principal’s Materials without the prior written consent of the Principal;

(f) promptly inform the Principal of any loss, destruction or damage to any of the Principal’s Materials; and

(g) comply with any instruction of the Principal for preserving, forwarding or disposal of any damaged Principal’s Materials.

7.9.2 The Contractor shall indemnify the Principal for any loss or destruction of, or damage to any of the Principal’s Materials caused by a breach of this Agreement or by any unlawful or negligent act or omission of the Contractor.

7.9.3 If no longer required for the purposes of this Agreement, the Principal’s Materials must be returned to the Principal as soon as practicable unless other arrangements are agreed by the Parties.

7.10 REPORTS

The Contractor must provide to the Principal the reports specified in the Agreement Details in the time frame and format either as specified in the Agreement Details or as required by the Principal.

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8. Principal’s Obligations 8.1 PRINCIPAL TO PROVIDE INFORMATION

8.1.1 The Principal must provide the Contractor with its Statement of Requirements.

8.1.2 During the Term the Principal must, when required under this Agreement or as otherwise reasonably required by the Contractor, as soon as possible:

(a) make available to the Contractor all relevant instructions, information, data, documents, specifications, plans, drawings and other materials; and

(b) answer queries made by the Contractor relating to the Principal’s requirements in connection with this Agreement.

8.2 PRINCIPAL’S MATERIALS

8.2.1 The Principal must provide the Principal’s Materials specified in Schedule 1.

8.2.2 The Principal’s Materials must comply with the Contract Specifications.

8.2.3 Provided the Contractor complies with its obligations under clause 7.9, the Principal must repair or replace the Principal’s Materials within a reasonable time of becoming aware that the Principal’s Materials do not comply with the Contract Specifications.

8.3 PRINCIPAL’S PERSONNEL

8.3.1 The Principal shall make available personnel to work with the Contractor and the Parties will identify such personnel and their roles in Schedule 1.

8.3.2 The Principal must use reasonable efforts to ensure that personnel made available to work with the Contractor have the requisite competencies, skills, and experience to perform the tasks.

8.3.3 The Contractor must ensure a safe system of work for any personnel made available by the Principal who perform work under the control and direction of the Contractor.

8.4 SITE PREPARATION

Subject to clause 11.5, the Principal is responsible for Site preparation and maintenance of Site conditions to enable the supply of a Deliverable, unless otherwise specified in the Agreement Details.

9. Personnel 9.1 RESTRICTION ON ENGAGING PERSONNEL OF OTHER PARTY

9.1.1 The Principal and the Contractor agree that neither Party may, without the prior agreement of the other Party, engage, employ or induce or cause a third party to induce the other Party’s Personnel engaged in the performance of this Agreement to enter into a contract for service or a contract of employment with it.

9.1.2 The restriction referred to in clause 9.1.1 shall apply during the performance of this Agreement and for a period of six months after termination or expiry of this Agreement.

9.1.3 A general solicitation for employment such as a newspaper advertisement shall not constitute a breach of this clause 9.1.

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9.2 CONTRACTOR’S PERSONNEL

9.2.1 The Contractor must ensure that its personnel, including any Specified Personnel, supply the Deliverables in accordance with this Agreement.

9.2.2 The Contractor must employ only such persons in respect of this Agreement who:

(a) are skilled and experienced in the provision of the Services or similar Services; and

(b) hold all necessary licences, permits and authorities (where applicable).

9.3 REMOVAL OF SPECIFIED PERSONNEL

If Specified Personnel are unable or not suitable in the reasonable opinion of the Principal to undertake the work assigned to them the Contractor shall promptly provide replacement personnel acceptable to the Principal at no additional charge.

9.4 SUB-CONTRACTING

9.4.1 The Contractor must not subcontract any work under this Agreement without obtaining the prior written consent of the Principal, which consent may be given on such conditions as the Principal thinks fit.

9.4.2 The Contractor:

(a) must ensure that the subcontractor is aware of all the terms and conditions of this Agreement that are relevant to the subcontractor’s performance of any work;

(b) shall not be relieved of its liabilities and obligations arising out of this Agreement by subcontracting any work and shall be responsible for all the subcontractors’ acts or omissions;

(c) must ensure that it has the right to terminate any subcontract in accordance with the provisions of clause 14.1; and

(d) must ensure that the subcontractor immediately ceases work upon receipt of a Notice in Writing from the Principal of withdrawal of the consent given under clause 9.4.1.

9.4.3 If required by the Principal, the Contractor shall obtain from the subcontractor a signed statutory declaration substantially in the form of Schedule 4.

10. Performance of this Contract 10.1 DELIVERY NOTIFICATION

The Principal must specify in the Agreement Details any Deliverables required by the Principal, specifying:

(a) the required nature and volume of the Deliverables;

(b) the dates for the delivery of those Deliverables; and

(c) the Site for that delivery.

10.2 DELIVERY

10.2.1 The Contractor must deliver any Deliverables as specified in the Agreement Details or as otherwise agreed between the Contractor and the Principal from time to time.

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10.2.2 The Contract Price is inclusive of any additional or separate delivery costs, except where otherwise specified in the Agreement Details.

10.3 REJECTION AND ACTUAL ACCEPTANCE DATE

10.3.1 The Principal may reject Deliverables in the event that the Deliverables:

(a) are defective or are not in good order and condition; or

(b) do not comply with or perform substantially in accordance with the Contract Specifications; or

(c) fail any Acceptance Tests.

10.3.2 The Actual Acceptance Date (AAD) for a Deliverable occurs:

(a) where Acceptance Tests are not required, five business days or such other period that is specified in the Agreement Details following the delivery of a Deliverable in accordance with this Agreement; or

(b) where Acceptance Tests are required, on the date the Principal issues a certificate of acceptance within the Acceptance Notification Period.

10.3.3 The AAD for a Deliverable will occur, in all cases other than those specified in clause 10.3.2, on the date acceptance is deemed to have occurred in clause 10.5.10.

10.4 REJECTION NOTIFICATION

The Principal may in any rejection notice provide instructions, which may include a reduction in the Contract Price, to the Contractor relating to the removal, replacement, modification, rectification and/or redelivery of any rejected Deliverables.

10.5 ACCEPTANCE TESTING

10.5.1 If specified in the Agreement Details, Acceptance Tests must be conducted in relation to the Deliverables and the following provisions in this clause 10.5 will apply.

10.5.2 The Principal must, in consultation with the Contractor, prepare an Acceptance Test plan that may include:

(a) identification of the Deliverables or part thereof to be tested;

(b) allocation of each Party’s responsibilities in relation to testing;

(c) scheduling of Acceptance Tests;

(d) the testing methodology to be applied; or

(e) any other information specified in the Agreement Details.

Acceptance Criteria

10.5.3 The Principal is responsible for setting the Acceptance Criteria for the acceptance of a Deliverable and the preparation, reliability and effectiveness of any data, methodology or process related to any Acceptance Test, as specified in or is relevant to the Acceptance Criteria.

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Principal’s Availability

10.5.4 The Principal’s representative must be available between the hours of 9.00am and 4.00pm on a business day to give any instruction necessary for prompt commencement of any Acceptance Test.

Assistance and Participation

10.5.5 Each Party shall provide all reasonable cooperation and assistance to enable the performance of any Acceptance Test.

10.5.6 The Parties shall be entitled to observe and, to the extent reasonable, participate in the performance of any Acceptance Test.

Acceptance Test Completion

10.5.7 The Party conducting the Acceptance Test must provide a written test notification specifying:

(a) a written summary of that Acceptance Test; and

(b) the results achieved from that Acceptance Test.

Supplementary Tests

10.5.8 The Principal may at any time during the Acceptance Period require the Contractor to carry out Supplementary Tests.

Failure

10.5.9 Where a Deliverable fails an Acceptance Test or part thereof, the Principal may:

(a) waive the requirement for the Acceptance Test to be satisfactorily completed;

(b) require that further reasonable Acceptance Tests be conducted at the Contractor’s expense, such tests to be satisfactorily completed in accordance with this clause 10.5 within the period agreed by the Parties;

(c) conditionally accept the Deliverable, subject to the Contractor agreeing at its own cost to deliver a work-around or to otherwise rectify any outstanding deficiency, acceptable to the Principal;

(d) accept the Deliverable subject to an agreed reduction in the Contract Price; or

(e) subject to the Principal having provided the Contractor with at least one opportunity to conduct further Acceptance Tests, the Principal may without limiting any other remedy, reject and require the removal of the Deliverable or any materials associated with the rejected Deliverable.

Acceptance

10.5.10 The Principal shall be treated as having accepted any Deliverables in the event that the Principal:

Original delivery

(a) notifies the Contractor that the Principal has accepted the Deliverables;

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Replacement delivery

(b) notifies the Contractor that the Principal has accepted any previously rejected Deliverables following replacement, modification, rectification and/or redelivery by the Contractor in compliance with any instruction by the Principal;

Test failure

(c) fails to perform any Acceptance Test within the Acceptance Period for any reason, except for any delay resulting from any action of the Contractor unless otherwise agreed by the Parties;

Notification failure

(d) fails to notify to the Contractor delivery rejection of the Deliverables within the Acceptance Notification Period unless otherwise agreed; or

Use prior to acceptance

(e) uses the Deliverable for its business purposes without the written consent of the Contractor.

10.6 DOCUMENTATION

10.6.1 The Contractor must provide, at no additional cost to the Principal, at least one copy of the Documentation and such Documentation as the Contractor usually makes available free to its other customers, upon supply of the Deliverable to the Principal.

10.6.2 Additional copies of the Documentation must, if requested by the Principal, be provided by the Contractor at the Price specified in Schedule 3 or if the Price is not specified, free of charge.

10.6.3 The Contractor must amend inaccurate Documentation and must promptly supply to the Principal a duly amended version of the Documentation at no additional cost to the Principal.

10.6.4 The Principal may use the Documentation for any training purposes associated with the Deliverables.

10.7 EXTENSION OF TIME

10.7.1 Each Party must do all it reasonably can to promptly inform the other of anything that it becomes aware of which is likely to affect the timing, cost or quality of the Deliverables. The Parties must then investigate how to avoid or minimise any adverse effects on this Agreement.

10.7.2 The Principal may consent to a request for extension of time in relation to a delay provided that the Contractor provides the Principal with a plan indicating in detail the steps the Contractor proposes to take to minimise the impact of any delay.

10.7.3 Unless a delay has occurred because of the Principal’s failure to perform its obligations in accordance with this Agreement, the Contractor will not be entitled to any increase in the Contract Price or any damages, costs or expenses incurred in connection with any delay.

10.8 ESCROW OF SOURCE CODE

10.8.1 If specified in the Agreement Details or otherwise requested in writing by the Principal, the Contractor must arrange:

(a) for the Contractor, the Principal and an escrow agent approved by the Principal to enter into an Escrow Agreement in relation to the Escrow Materials; or

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(b) for the Principal to become a party to an escrow arrangement which already covers the Escrow Materials which the Principal regards as a satisfactory arrangement.

10.8.2 Any escrow arrangements to which the Principal becomes a Party under this clause 10.8 must endure for at least the period specified in the Agreement Details unless otherwise agreed. The Parties will bear the costs connected with such escrow arrangements in the proportions agreed by them in writing.

10.8.3 The Contractor must consult with and comply with the reasonable directions of the Principal in any negotiations with the escrow agent arising under this clause 10.8.

10.9 ADDITIONAL SERVICES

The Contractor may, if requested by the Principal, provide in accordance with the terms of this Agreement, additional products and services to the Principal at the Price or on the Time and Materials basis set out in Schedule 3 or as otherwise agreed between the Parties from time to time.

11. Project Management 11.1 APPLICATION OF PROJECT MANAGEMENT CLAUSES

The following clauses 11.1 to 11.12 inclusive apply only if and to the extent specified in the Agreement Details.

11.2 MANAGEMENT COMMITTEE

11.2.1 By the date specified in the Agreement Details, the Parties must mutually agree and establish a management committee and a process for the conduct of the committee’s business.

11.2.2 The management committee must, unless the Parties agree otherwise in writing, consist of the persons specified in the Agreement Details.

11.2.3 The management committee must:

(a) review and monitor progress under this Agreement and report to the Principal’s authorised representative or other person nominated by the Principal from time to time; and

(b) carry out such other functions as set out in the Agreement Details.

11.2.4 The members of the management committee or their authorised representatives must meet weekly at the Principal’s offices (unless the Parties agree otherwise) at a time agreed between the Parties.

11.2.5 All members of the management committee must be duly authorised and properly qualified, informed and instructed to enable the committee to properly assess progress under this Agreement.

11.3 PROGRESS REPORTING

11.3.1 The Parties must each nominate their respective project managers or officers in the Agreement Details or the Project Implementation and Payment Plan (PIPP).

11.3.2 At least 24 hours prior to a management committee meeting, the Contractor’s project manager must submit to the Principal’s project officer a report of progress under this Agreement, including:

(a) details (including dates) of Deliverables and Milestones commenced, completed or accepted;

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(b) any delays or defaults, including reasons and plans for the management of such delays and defaults in respect of the supply of the Deliverables;

(c) draft updates of relevant parts of the Contract Specifications; and

(d) any proposed variations in accordance with clause 13 to the terms of this Agreement.

11.3.3 If the Principal disagrees with the facts recorded in the report, then the Principal must place on the record its version of the facts.

11.4 CONTRACT REVIEW PROCEDURES

11.4.1 The Parties must at regular intervals, unless otherwise specified in the Agreement Details, conduct a service and performance review of the Contractor’s performance of this Agreement including its obligations under any Service Level Agreement.

11.4.2 All reviews must be undertaken by representatives of both Parties who have the authority, responsibility and relevant expertise in financial and operational matters appropriate to the nature of the review. Either Party may request the involvement of the Principal in any review.

11.5 SITE SPECIFICATION

The Contractor must inspect the Site and provide the Principal with a Site Specification for approval. The Contractor must make any amendment to the Site Specification that is reasonably required by the Principal.

11.6 IMPLEMENTATION PLANNING STUDY (IPS)

11.6.1 Within the time specified in the Agreement Details and prior to the commencement of a project to be implemented under this Agreement, the Contractor must complete an implementation planning study.

11.6.2 The implementation planning study must meet the objectives specified in the Agreement Details, which may include:

(a) the Contractor’s assessment of the scope and complexity of the project;

(b) required Deliverables;

(c) resources required (including any resources to be made available by the Principal);

(d) development of a PIPP and/or a Service Level Agreement as relevant; or

(e) any other requirements specified in the Agreement Details.

11.7 PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) – IF APPLICABLE

11.7.1 The Parties must perform their obligations under this Agreement in accordance with the PIPP, which must include the information specified in Schedule 3.

11.7.2 The Contractor must prepare the PIPP for the approval of the Principal, which when approved will form part of the Contract Specifications.

11.7.3 The Parties must perform their respective obligations under this Agreement at the times and in the manner set out in the PIPP.

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11.7.4 Subject to clause 13, either Party may periodically review the PIPP and may recommend or request a change to the PIPP. Any change to the PIPP may be implemented as a Change Request in accordance with the variation procedures set out in Schedule 12.

11.8 STAGED IMPLEMENTATION AND THE RIGHT TO TERMINATE

11.8.1 The Parties agree to perform this Agreement in accordance with the Stages set out in the PIPP.

11.8.2 The signing of this Agreement by both Parties is deemed to be sufficient notification for the purposes of this clause 11.8 to proceed with work in Stage one. The Contractor must not commence any work on Stage two or any subsequent Stage until it receives prior written notification from the Principal to proceed with the work in that Stage.

11.8.3 Nothing in this Agreement shall be construed as obliging the Principal to give the notification referred to in clause 11.8.2 in respect of Stage two or any other subsequent Stage.

11.8.4 The Principal shall not be liable to the Contractor in any way for not proceeding to a subsequent Stage.

11.9 SERVICE LEVEL AGREEMENT – IF APPLICABLE

11.9.1 The Parties must in consultation with each other prepare and mutually agree in writing the particulars of a Service Level Agreement, which must be signed by the authorised representatives of each Party.

11.9.2 Subject to clause 11.9.1, the Parties must perform their obligations in accordance with the Service Level Agreement.

11.9.3 Subject to clause 13, either Party may periodically review the Service Level Agreement and may recommend or request a change to the Service Level Agreement. Any change to the Service Level Agreement may be implemented as a Change Request in accordance with the procedures set out in Schedule 12.

11.10 TIME OF THE ESSENCE

11.10.1 The Contractor acknowledges that time is of the essence in completing any obligations under this Agreement where the due date for their performance has been specified in the Agreement Details or the PIPP (“Due Date”).

11.10.2 Excluding a delay caused:

• by an Event,

• by the Principal, or

• in relation to which an extension of time has been granted under clause 10.7;

where the Contractor has not completed obligations by the Due Date, the Contractor must, if notified by the Principal, pay the Principal liquidated damages.

11.10.3 Liquidated damages must be calculated in accordance with the method set out in the Agreement Details. Each Party acknowledges that liquidated damages are a genuine pre-estimate of the loss and damage the Principal will suffer as a result of a delay in meeting the Due Date.

11.10.4 The Contractor must pay the liquidated damages from the Due Date until:

(a) the Contractor successfully completes the obligations in relation to which liquidated damages have been applied; or

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(b) the Principal terminates this Agreement;

whichever first occurs but always to a maximum number of days specified in the Agreement Details.

11.10.5 Liquidated damages paid under this clause 11.10:

(a) will be the Principal’s sole remedy for any liability arising out of the delay in respect of which liquidated damages were paid; but

(b) will not relieve the Contractor from any other liability or from meeting any other obligation under this Agreement.

11.11 RETENTION OF MONEYS

11.11.1 The Principal may withhold a proportion of the payment for any Milestone in the amount and for the period identified in a PIPP for the due and proper performance and completion of the Contractor’s entire obligations under this Agreement.

11.11.2 The Principal must upon the completion of the Contractor’s entire obligations in accordance with this Agreement pay to the Contractor any amount withheld under clause 11.11.1.

11.12 BUSINESS CONTINGENCY ARRANGEMENTS

11.12.1 The Contractor must within the time specified in the Agreement Details or as otherwise agreed in writing between the Parties, prepare a Business Contingency Plan for the approval of the Principal.

11.12.2 The Business Contingency Plan must be documented in a form acceptable to the Principal and must be available at all reasonable times for review by the Principal.

11.12.3 The Business Contingency Plan must be reviewed, updated and tested by the Contractor at the intervals specified in the Agreement Details to ensure its relevance and effectiveness.

11.12.4 All affected Deliverables must be reinstated by the Contractor in accordance with the Business Contingency Plan in the event of an interruption to the Principal’s business that is contemplated by the plan. The Principal must provide the Contractor with any assistance reasonably required by the Contractor to implement the Business Contingency Plan.

12. Payment 12.1 PAYMENT OF CONTRACT PRICE

12.1.1 In consideration for the Contractor providing a Deliverable in accordance with this Agreement, the Principal must pay the Contractor the Contract Price in the amounts and at the times specified in Schedule 3.

12.1.2 The Contract Price shall be fixed for the Term, unless the Parties have agreed and specified in the Agreement Details a price adjustment mechanism that is to apply periodically.

12.2 INVOICES AND TIME FOR PAYMENT

12.2.1 The Parties agree subject to the further provisions of this clause 12.2, that payment for the Deliverables must be made within 30 days after receipt of a Correctly Rendered Invoice.

12.2.2 The Contractor must provide any further details in regard to an invoice that are reasonably requested by the Principal from the Contractor.

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12.2.3 The making of a payment is not an acknowledgment that the Deliverables have been supplied or accepted in accordance with this Agreement.

12.2.4 If the Principal disputes the invoiced amount the Principal must:

(a) certify the amount it believes is due for payment; and

(b) pay that amount and the liability for any outstanding claims must be determined in accordance with clauses 3.5 to 3.7 inclusive.

12.3 SET-OFF/MONEY RECOVERABLE BY THE PRINCIPAL

Any damages, rebates, losses, fees or other expenses (‘Loss’) recoverable by the Principal from the Contractor may be deducted from any money then due to the Contractor under this Agreement or Financial Security. If the money due to the Contractor is insufficient for that purpose, the balance remaining unpaid will be a debt due by the Contractor to the Principal and may be recovered from the Contractor by the Principal in any court of competent jurisdiction.

12.4 SUSPENSION OF PAYMENTS

The Principal may by Notice in Writing to the Contractor withhold payments to the Contractor without penalty if the Contractor refuses, neglects or fails to perform its obligations under this Agreement, until such obligations are completed in accordance with this Agreement.

13. Variations 13.1 Subject to any other rights given under this Agreement to vary its terms and the following

provisions of this clause 13, a variation to the terms and conditions of this Agreement shall not be valid unless agreed in writing and signed by both the Principal and the Contractor.

13.2 If specified in the Agreement Details, the Parties must effect a variation to the terms and conditions of this Agreement in accordance with the procedures set out in Schedule 12.

14. Termination 14.1 TERMINATION FOR CONVENIENCE

14.1.1 The Principal may by Notice in Writing at any time terminate this Agreement in whole or in part. The Contractor must immediately comply with any directions given in the notice and must do everything possible to mitigate its losses arising in consequence of termination or suspension of this Agreement under this clause 14.1.

14.1.2 The Principal shall indemnify the Contractor against any liabilities or expenses, which are reasonably and properly incurred by the Contractor in connection with this Agreement to the extent that those liabilities or expenses were incurred as a result of termination or suspension of this Agreement in accordance with this clause 14.1. Unless otherwise specified in the Agreement Details, no further compensation will be payable to the Contractor in respect of a termination or suspension under this clause 14.1.

14.1.3 This clause 14.1 does not apply to termination or suspension in accordance with clause 15.2 or termination occurring because of a default by the Contractor as specified in clause 14.2.

14.1.4 The Contractor must, in each sub-contract with any subcontractor for the purposes of this Agreement, reserve a right of termination or suspension to take account of the Principal’s right of termination or suspension under this clause.

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14.2 TERMINATION OF THIS AGREEMENT FOR BREACH BY CONTRACTOR

14.2.1 The Principal may terminate this Agreement for Substantial Breach or Contractor’s Insolvency by Notice in Writing without prejudice to any other right of action or remedy that has accrued or may accrue to either Party.

14.2.2 In the case of Substantial Breach the Principal must first by Notice in Writing give the Contractor notice that it has 7 days to remedy the Substantial Breach or such other period specified in the notice.

14.2.3 If the Contractor fails to give the Principal a notice containing clear evidence that it has remedied a Substantial Breach, or fails to propose steps reasonably acceptable to the Principal to remedy the Substantial Breach, the Principal may terminate this Agreement by Notice in Writing to the Contractor.

14.3 EFFECT OF TERMINATION OF AGREEMENT

In the event of termination, the Principal may:

(a) obtain from any other source a reasonably similar alternative to the Deliverable in which case the Contractor shall be liable to the Principal for any reasonable expenses incurred and any losses sustained by the Principal; and/or

(b) by Notice in Writing to the Contractor, require the Contractor at its expense to remove Deliverables or to dismantle or remove work from the Principal’s premises by the date specified in that notice.

14.4 TERMINATION FOR BREACH BY THE PRINCIPAL

14.4.1 If the Principal fails to pay the Contractor any amount in accordance with this Agreement, which is not in dispute, or commits any fundamental breach of this Agreement, then the Contractor may by Notice in Writing require the Principal to remedy the default within 28 days after receiving the notice.

14.4.2 If the Principal fails to remedy the breach, or fails to propose steps reasonably acceptable to the Contractor to do so, the Contractor may by Notice in Writing terminate this Agreement without prejudice to any other right of action or remedy which has accrued or might accrue to either Party.

15. General 15.1 DISCLOSURE OF CONFLICTS OF INTEREST

The Contractor must:

(a) notify the Principal in writing immediately upon becoming aware of the existence or possibility of a Conflict of Interest; and

(b) comply with any reasonable direction given by the Principal in relation to managing that Conflict of Interest.

15.2 15.2 EVENTS

15.2.1 A Party is excused from performing its obligations to the extent it is prevented by an Event, except an Event that is the subject of a Business Contingency Plan.

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15.2.2 Each Party must make all reasonable efforts to minimise the effects of the Event. If the affected Party is prevented by the Event from performing its obligations under this Agreement for 30 days or such other period as the Parties agree in writing, then the other Party may in its sole discretion immediately terminate this Agreement by giving Notice in Writing of termination to the other Party.

15.2.3 Where this Agreement is terminated by the Principal in accordance with clause 15.2.2:

(a) the Contractor shall be entitled to payment for work completed in accordance with this Agreement up to the date of termination; and

(b) the Parties must otherwise bear their own costs and will be under no further liability to perform this Agreement.

15.3 15.3 ASSIGNMENT OR NOVATION

15.3.1 The Contractor must not, or attempt to, assign in whole or in part or novate this Agreement without obtaining the prior written consent of the Principal, which consent may be withheld at its absolute discretion.

15.3.2 The Contractor acknowledges that the Principal may conduct financial and other inquiries or checks on the entity proposing to take over this Agreement before determining whether or not to give consent to the assignment or novation.

15.3.3 The Principal at its own cost, may assign or novate this Agreement where by operation of statute the Principal is reconstituted into a new legal entity, to the new legal entity. If the assignment or novation increases the scope of the obligations or Deliverables to be provided by the Contractor under this Agreement, a variation in accordance with clause 13 must be effected.

15.4 WAIVER

A waiver in respect of a breach of a term of this Agreement by the other Party shall not be taken to be a waiver in respect of any other breach. The failure of either Party to enforce a term of this Agreement will not be interpreted as a waiver of that term.

15.5 SEVERABILITY

If any part of this Agreement is void or voidable, then that part is severed from this Agreement without affecting the continued operation of the remainder of this Agreement.

15.6 COUNTERPARTS

If there are a number of counterparts of this Agreement, the counterparts taken together constitute one and the same instrument.

15.7 APPLICABLE LAW

The laws of the State govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of the Commonwealth or the State.

15.8 RIGHTS CUMULATIVE

The rights and remedies provided under this Agreement are cumulative and not exclusive of any rights or remedies provided by law or any other right or remedy.

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15.9 NO AGENCY, EMPLOYEE OR PARTNERSHIP RELATIONSHIP

The Contractor agrees that it will not be taken to be, nor will it represent that it is the employee, partner, officer and/or agent of the Principal, or the Principal.

END OF PART TWO

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PART 3 - DICTIONARY

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DICTIONARY

1. INTERPRETATION 1.1 DEFINITIONS

In this Agreement, unless the contrary intention appears:

“Acceptance Criteria” means the criteria to be applied in the performance of any Acceptance Test.

“Acceptance Notification Period” means the period specified in the Agreement Details within which acceptance of a Deliverable must be notified.

“Acceptance Period” means the period for the performance by the Contractor of any Acceptance Tests for any Deliverable, as specified in the Agreement Details, or such other period agreed between the Parties in writing.

“Acceptance Tests” means any acceptance tests detailed or referred to in the Agreement Details.

“Actual Acceptance Date” or “AAD” means the date when acceptance is notified in accordance with clause 10.3.2.

“Agreement” means all the parts of this Agreement between the Principal and the Contractor, which includes the Standard Terms and Conditions, the Dictionary, the Schedules and the Modules, referenced in the Agreement Details.

“Agreement Details” means all of the details, information or other particulars specified in this Agreement to be included in the part of this Agreement entitled “Agreement Details”.

“Business Contingency Plan” means a plan detailing the nature and scope of the business contingency Services to be provided by the Contractor to the Principal to overcome any interruption to the Principal’s business including as applicable information about time-frames, scheduling, Service Levels, methodologies, systems, processes or programs for the implementation of such Services and any other information specified in the Agreement Details.

“Change in Control” means a circumstance in which control is or may be exercised over the Contractor:

(a) through the removal or appointment of directors of the Contractor;

(b) by virtue of the direct holding of at least ten percent of the voting shares in the Contractor or a holding company of the Contractor; or

(c) by any other means whatsoever.

“Change Request” means a change requested by either Party in respect of operational or project management issues related to this Agreement.

“Commencement Date” means in relation to this Agreement either:

(a) the Commencement Date specified in the Agreement Details; or

(b) if no Commencement Date is specified in the Agreement Details the date the Agreement is signed by both Parties.

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“Confidential Information” means information that:

(a) is by its nature confidential; or

(b) is communicated by the Principal to the Contractor as confidential; or

(c) the Contractor knows or ought to know is confidential; and

includes but is in no way limited to:

(d) the Deliverables;

(e) the Principal’s Materials including the financial, the corporate and the commercial information of the Principal;

(f) any material which relates to the affairs of a third party;

(g) information relating to the policies, strategies, practices and procedures of the State and any information in the Contractor’s possession relating to the State public service.

“Conflict of Interest” includes engaging in any activity, or obtaining any interest, likely to restrict the Contractor in performing, or which conflicts with the performance by the Contractor of, its obligations under this Agreement. A Conflict of Interest also includes any matters materially affecting the Contractor’s ability to perform any of its obligations under this Agreement that include but are not limited to:

(a) any material litigation or proceeding whatsoever, actual or threatened, against the Contractor; or

(b) the existence of any material breach or default or alleged breach or default of any agreement, order or award binding upon the Contractor;

(c) matters relating to the commercial, technical or financial capacity of the Contractor or in the knowledge of the Contractor of any subcontractor proposed to be engaged in respect of this Agreement; or

(d) any obligation under another contract which compliance with may place the Contractor in breach of this Agreement.

"Consequential Loss" means any loss recoverable at law (other than a loss arising in the usual course of things) which is: (a) consequential upon other loss; (b) a loss of opportunity or goodwill; (c) a loss of profits; (d) a loss of anticipated savings or business; or (e) loss of value of any equipment, and any costs or expenses incurred in connection with the foregoing. “Consideration” has the same meaning as provided for in the GST Law.

“Contract Price” means the total of all Prices payable by the Principal to the Contractor for the Deliverables supplied under this Agreement.

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“Contract Specifications” means the totality of any technical or descriptive specifications of functional, operational, performance or other characteristics required of a Deliverable provided by a Party under this Agreement and may include:

(a) any specifications agreed to and brought into existence by the Principal and the Contractor in the performance of their obligations under and in accordance with the terms of this Agreement;

(b) any specifications detailed or referred to by the Principal in the Statement of Requirements; and/or

(c) those specifications generally published or made publicly available by the Contractor which specifically relates to the Deliverables under this Agreement; and

to the extent that there is any inconsistency between the Contract Specifications referred to in (a), (b) and (c), the priority shall be in the order (a) to (c) to the extent of any inconsistency.

30 “Contractor” means the person or body corporate referred to in the Agreement Details who agrees to supply the Deliverables and includes its Personnel.

“Contractor’s Insolvency” means any of the following:

(a) the Contractor becoming unable to pay its debts as and when they fall due;

(b) the Contractor no longer has the resources to perform this Agreement or any Contract;

(c) an application for winding up is made regarding the Contractor and not stayed within 14 days;

(d) a winding up order is made against the Contractor;

(e) a controller, administrator, receiver and manager, provisional liquidator or liquidator is appointed to the Contractor;

(f) a mortgagee enters into the possession of any property of the Contractor;

(g) notice is given of a meeting of creditors for the purposes of a deed of arrangement; or

(h) any actions of a similar effect are taken.

“Correctly Rendered Invoice” means an invoice that is rendered in the form of a Tax Invoice where:

(a) the amount claimed in the invoice is due for payment and correctly calculated in Australian dollars;

(b) the invoice is set out as an itemised account, which identifies the GST exclusive amount, the GST component and the GST inclusive amount and enables the Principal to ascertain what the invoice covers and the Contract Price payable;

(c) the invoice is accompanied by documentary evidence that signifies that acceptance has occurred in accordance with this Agreement; and

(d) the invoice is addressed to the officer specified in the Agreement Details to receive invoices.

“Cyber terrorism” means a terrorist attack on, or by means of information systems.

“Defect” means a defect, error, Virus or malfunction that causes a Deliverable to not comply with or not perform in accordance with the Contract Specifications.

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“Deliverable” means any Product or Services and any associated material offered for supply or provided by the Contractor in accordance with this Agreement.

“Dictionary” means the glossary of definitions of words and expressions used in this Agreement contained in this Part 3 of the Agreement.

“Document” includes:

(a) any paper or other material on which there is writing;

(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and/or

(c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

“Documentation” means any Document that enables the full use, operation and maintenance of the Deliverables in accordance with the Contract Specifications. The Documentation must be:

(a) of a reasonable standard in terms of its presentation, accuracy and scope;

(b) a resource that provides a comprehensive explanation of functions, capacity and operations of the Deliverables;

(c) the most current and up-to-date version available;

(d) in the English language; and

(e) of a form where all key terms, words and symbols are adequately defined.

“Due Date” means the date agreed between the Parties for the completion of an obligation detailed in this Agreement, which date has been specified in the Agreement Details or the Project Implementation and Payment Plan (PIPP).

“Escrow Agreement” means an Agreement substantially in the form of Schedule 11.

“Escrow Fee” means the fee set out in Attachment 1 of Schedule 11.

“Escrow Materials” means the source code and/or object code of any Deliverable and all other computer programs, Documentation, drawings and plans necessary to keep the Deliverables in good order and repair that are specified in the Agreement Details or otherwise notified by the Principal to the Contractor in writing from time to time.

“Event” means a circumstance beyond the reasonable control of a Party that results in that Party being unable to perform an obligation on time. An Event is limited to:

(a) natural events like fire, flood, or earthquake; or

(b) national emergency; or

(c) terrorist acts (including Cyber terrorism) and acts of vandalism; or

(d) war.

“Financial Security” means the security described in the Agreement Details.

“GST” is a goods and services tax and has the same meaning as in the GST Law.

“GST Law” means any law imposing or relating to a GST and includes A New Tax System (Goods & Service Tax) Act (Cth), A new tax system (Pay As You Go) Act 1999 and any regulation based on those Acts.

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“Information Privacy Principles or IPP” means the principles contained in the Information Protection Principles contained in sections 8 to 19 of the Privacy and Personal Information Act (NSW) 1988.

“Intellectual Property” means all intellectual property rights including:

(a) copyright, patent, trademark, design, semi-conductor or circuit layout rights, registered design, trade marks or name and other protected rights, trade, business or company names, or related rights, existing worldwide, whether created before or after the date of this Agreement; and

(b) any licence, consent, application or right, to use or grant the use of, or apply for the registration of, any of the rights referred to in (a).

“Milestones” means the tasks or groups of tasks to be performed or provided by the Contractor under this Agreement in relation to the Deliverables.

“Module” means Modules 1 to 12 of Part 5.

“Moral Rights” means a person’s moral rights as defined in the Copyright Act (Cth) 1968.

“New Release” means software which has been produced primarily to extend, alter or improve a Deliverable by providing additional functionality or performance enhancement (whether or not Defects in the Deliverable are also corrected) while still retaining the original and designated purpose of the Deliverable.

“Notice in Writing” means a notice signed by a Party’s authorised representative which is either given to, served on, emailed or faxed to the other Party.

“Parties” means the Principal and the Contractor.

“Performance Guarantee” means the performance guarantee described in item 11 of the Agreement Details.

“Personal Information” means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

“Personnel” means in the case of either Party, that Party’s employees, officers, agents and subcontractors.

“Price” means an itemised price (including a rate for a quality unit) set out in Schedule 3, payable by the Principal for a Deliverable under this Agreement.

“Principal” means the entity described in the Agreement Details and includes its Personnel.

“Principal’s Materials” means the items set out in Schedule 1 to be supplied by the Principal under this Agreement.

“Product” means an item set out in the Agreement Details that the Contractor must provide to the Principal in accordance with this Agreement.

“Project Implementation and Payment Plan” or “PIPP” means a plan including information relevant to the implementation of the project and associated payment arrangement as specified in Schedule 3.

“Recipient” has the same meaning as provided for in the GST Law.

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“Schedules” means Schedule 1 to 13 of the Agreement.

“Service” means the services set out in the Agreement Details including any associated materials that the Contractor must provide to the Principal in accordance with this Agreement.

“Service Address” means:

(a) in the case of the Principal, at the address set out in the Agreement Details or such other address notified in writing by the Principal for notices to be served on it from time to time;

(b) in the case of the Contractor, at the address set out in the Agreement Details or such other address as is notified in writing by the Contractor for notices to be served on it from time to time.

“Service Level Agreement” means the Document that forms part of this Agreement that defines the performance expectations of the Parties and which includes the benchmarks for measuring the performance of the Services.

“Site” means the place or places specified in the Agreement Details where a Deliverable is to be provided.

“Site Specification” means the Document that details the environmental, operational, safety and management requirements in relation to the Site, that are necessary for the provision of the Deliverables.

“Specified Personnel” means the key personnel of the Contractor nominated in the Agreement Details as the personnel required to undertake the provision of the Deliverables or part of the work constituting the Deliverables.

“Stage” means a stage identified in the Project, Implementation and Payment Plan for the performance of this Agreement.

“Statement of Requirements” means the Principal’s statements set out in Schedules 1, 2 and 3 of any requirements that the Contractor must fulfil in respect of the Deliverables which may include all relevant instructions, information, data, documents, specifications, plans, drawings and other materials and particulars.

“Statutory Requirements” means the laws, regulation or by-laws relating to the performance of this Agreement or the lawful requirements of any authority with respect to the performance of this Agreement.

“Substantial Breach” means a substantial breach of this Agreement by the Contractor, including any of the following:

(a) breaching any warranty under clauses 3.3, 7.1.1 or 7.1.2;

(b) failing to effect and maintain insurance policies as required under clause 4.1;

(c) failing to provide a Financial Security as required under clause 4.2;

(d) failing to provide a Performance Guarantee as required under clause 4.3;

(e) failing to provide suitable replacement personnel as required under clause 9.3 which prevents the Contractor from performing fundamental obligations under this Agreement;

(f) where a delay continues beyond the extension of time granted under clause 10.7.2;

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(g) failing to pass Acceptance Tests which results in rejection of the Deliverable by the Principal under clause 10.5.9 (e);

(h) the existence of a Conflict of Interest which in the Principal’s reasonable opinion prevents the full and proper performance of this Agreement by the Contractor; and

(i) where the Contractor breaches a time of the essence obligation imposed on the Contractor in accordance with clause 11.10 in relation to the performance of this Agreement.

“Supplementary Tests” means the further Acceptance Tests that are required by the Principal to demonstrate that a Deliverable complies with the Contract Specifications if the initial Acceptance Tests fail to demonstrate such compliance.

“Supplier” has the same meaning as provided for in the GST Law.

“Supply” has the same meaning as provided for in the GST Law.

“Tax Invoice” has the same meaning as provided for in the GST Law.

“Taxable Supply” has the same meaning as provided for in the GST Law.

“Term” means the term of this Agreement, set out in the Agreement Details and any extension of the Term in accordance with clause 2.1.

“The Standard Terms and Conditions” means the terms and conditions included in Part 2 of this Agreement.

“Time and Materials” basis means the fee agreed to by the Parties as specified in Schedule 3 for any additional services to be supplied by the Contractor.

“Update” means software which has been produced primarily to overcome Defects in, or to improve the operation of, a Deliverable without significantly altering the Contract Specifications whether or not the Deliverable has also been extended, altered or improved by providing additional functionality or performance enhancement.

“Virus” means a computer program, code, device, product or component that is designed to or may in the ordinary course of its operation, prevent, inhibit or impair the performance of a Deliverable in accordance with its Contract Specifications.

“Warranty Period” means:

(a) in relation to Hardware or a Software Solution, a period of 365 days, or such longer period as is specified in the Agreement Details; and

(b) in relation to any Deliverables other than Hardware or a Software Solution provided under this Agreement, a period of 90 days, or such longer period as is specified in the Agreement Details.

“Work” means literary, artistic, musical, and dramatic works and cinematographs as defined in the Copyright Act (Cth) 1968.

1.2 RULES FOR INTERPRETING THIS AGREEMENT

1.2.1 In this Agreement, unless the contrary intention appears, headings are for the purpose of convenient reference only, and do not affect interpretation or form part of the Agreement.

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1.2.2 The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply:

(a) A reference to:

(i) legislation (including subordinate legislation) is a reference to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(ii) monetary references are references to Australian currency;

(iii) a document or agreement, or a provision of a document or agreement, is a reference to that document, agreement or provision as varied, assigned or novated;

(iv) a person includes any type of entity or body of persons whether or not it is incorporated or has a separate legal entity;

(v) anything (including a right, obligation or concept) includes each part of it;

(vi) a business day means any day other than Saturday, Sunday or a day that is a public holiday for the Principal.

(b) If this Agreement expressly or impliedly binds more than one person then it must bind each such person separately and all such persons jointly.

(c) A singular word includes the plural, and vice versa.

(d) The Parties may undertake business by the electronic exchange of information and the provisions of this Agreement will be interpreted to give effect to undertaking business in this manner.

END OF PART 3

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PART 4 - SCHEDULES

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AGREEMENT DICTIONARY

Schedule 1 – Agreement Details

Item 1 Agreement Number

Item 2 Principal’s Name Authorised Representative

Item 3 Contractor’s Name/Address and ABN/ACN Authorised Representative

Item 4 State and Applicable Law New South Wales

Item 5 Modules agreed between the Parties

Module 1 – Hardware Acquisition and Installation 1

Module 2 – Hardware Maintenance Services 1

Module 3 – Licensed Software a

Module 4 – Development Services a

Module 5 – Software Support Services a

Module 6 – IT Personnel 1

Module 7 – Professional Services 1

Module 8 – Data Management a

Module 9 - Telecommunications Services 1

Module 9A - Telecommunications Services – Special Terms for GTA Category 1B Services (Broadband Local Access)

1

Module 9B - Telecommunications Services – Special Terms for GTA

Category 2 Services (Broadband Internet Access) 1

Module 10 – Web Services a

Module 11 – Managed Services a

Module 11A – Special Terms Relating to Management of GTA Category 1B

Services and Core Network Services 1

Module 12 – Systems Integration Services a

Item 6 Schedules to apply

Schedule 1 – Agreement Details a

Schedule 2 – Agreement Documents a

Schedule 3 – Product and Service List a

Schedule 4 – Statutory Declaration by Subcontractor a

Schedule 5 – Expert Determination Procedure a

Schedule 6 – Confirmation of Insurances a

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Item 6 Schedules to apply

Schedule 7 – Financial Security a

Schedule 8 – Performance Guarantee a

Schedule 9 – Deed of Confidentiality a

Schedule 10 – Privacy a

Schedule 11 – Escrow Agreement a

Schedule 12 – Variation Procedures a

Schedule 13 – Risk Management a Item 7 Term (clause 2)

(i) Commencement Date of this Agreement: Contract execution

(ii) Duration of this Agreement: (Where appropriate, specify that the period for service, e.g. hardware/software support & maintenance, will commence from expiry of relevant warranty period)

3 years from Commencement Date

(iii) Period of extended term (if any): (clause 2.1) 2 x 12 months

Item 8 Issue Resolution (clause 3.5 and Schedule 5) Specify the expert determination amount:

$AUS 200,000

Item 9 Broad Form Liability Insurance Policy Amount (clause 4.1.1)

(a) Public Liability Insurance Limit of Indemnity: $AUS M: 20, in respect of each claim

(b) Product Liability Insurance Limit of Indemnity: $AUS M: 10, for the total aggregate liability for all claims arising out of the contractor’s products for the period of cover

(c) (if requested in 4.1.1) Professional Indemnity Insurance Limit of Indemnity: $AUS M:

10

The Principal is to state the period that the Contractor must maintain its Professional Indemnity Insurance. If the Contractor is a member of occupational association with an approved scheme under The Professional Standards Act (NSW) 1994 or similar State or Territory legislation, then the insurance amount may be limited by the Principal, accordingly.

(d) Insert other insurances required (if requested in 4.1.1) Workers compensation insurance for all the contractor’s employees

Item 10 Financial Security (clause 4.2 and Schedule 7)

(i) Specify here if Financial Security is required: (Yes / No) To be determined at the time of contract

(ii) Amount:

Item 11 Performance Guarantee (clause 4.3 and Schedule 8)

(i) Specify here if Performance Guarantee is required: (Yes / No)

To be determined at the time of contract

(ii) Guarantor (clause 4.3):

Item 12 Liability (clauses 4.5 and 4.6)

(i) Parties to specify if liability is to be capped under this Agreement and the amount or method of determining the amount in accordance with clause 4.6.3:

(ii) Parties to annex risk management assessment plan:

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Item 13 Information Management (clause 5.1)

(i) Principal to specify and/or annex any information that the Contractor must treat as Confidential Information: To be determined at the time of contract

(ii) Contractor to specify any information that the Principal must treat as Confidential Information:

(iii) Specify if limited disclosure of Confidential Information is permitted by a Party and set out the

conditions of disclosure:

Item 14 Intellectual Property (clause 5.2)

(i) Specify any Deliverables that the Contractor will own (clause 5.2.3):

(ii) Specify if IP rights in Deliverables shall vest in both the Principal and the Contractor (clause 5.2.3):

Annex to the Agreement Details the terms of agreement to apply to share-ownership of the

Deliverables. (iii) Specify the Principal’s rights to use the Contractor’s pre-existing IP (clause 5.2.4):

Item 15 Secrecy and Security (clause 6.3)

Specify any secrecy or security requirements with which the Contractor is to comply during the Term:

Item 16 Product and Service Warranties (clause 7.1)

(i) Specify whether Deliverables are new or otherwise (clause 7.1.1(c)):

(ii) Specify any quality assurance and compliance arrangements required (clause 7.1.2(b)):

Item 17 Compliance with Laws and Standards and Codes (clause 7.4)

(i) Specify any codes, policies or guidelines with which the Contractor is to comply:

(ii) Specify any standards to apply:

Item 18 Credit/Debit Card (clause 7.8)

Specify any credit/debit card or electronic facility that the Principal may use to pay the Contractor: None identified

Item 19 Principal’s Materials (clause 7.9)

(i) Specify Principal’s Materials: To be determined at the time of contract

(ii) Specify costs for Principal’s Materials: To be determined at the time of contract

Item 20 Reports (clause 7.10)

Specify reports required (if any), time for provision and format: Principal to advise

Item 21 Site Preparation and Maintenance (clause 8.4)

Specify the Party responsible:

Item 22 Specified Personnel (clause 9.2)

Nominate the key personnel (if any) who are to be dedicated to provide the Deliverables: Contractor to advise

Item 23 Subcontractors (clause 9.4)

(i) Principal is to specify if statutory declaration from subcontractors, substantially in the form of Schedule 4, is required:

(ii) List of Subcontractors: Contractor to advise

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Item 24 Delivery (clauses 10.1 and 10.2)

Specify for each Module the:

(i) Nature of the Deliverable:

(ii) Volume of the Deliverable:

(iii) Date of delivery:

(iv) Site to be delivered to:

(v) Hours of delivery:

(vi) Delivery costs to be applied:

Item 25 AAD (clause 10.3)

If Acceptance Tests are not required, specify if the Actual Acceptance Date (AAD) will occur in five business days or another number of days following the delivery of a Deliverable (clause 10.3.2):

Item 26 Acceptance Testing (clause 10.5) To be determined at time of contract

Specify for each Module:

(i) If Acceptance Testing is required:

(ii) The Party to conduct Acceptance Tests:

(iii) Detail to be included in Acceptance Test plan:

(iv) The Acceptance Period:

(v) Acceptance Notification Period:

(vi) The Acceptance Criteria:

(vii) The number of hours on each normal working day for the running of the Acceptance Tests:

(viii) The commencement date for Acceptance Tests:

Item 27 Documentation (clause 10.6) To be determined at time of contract

(i) Specify any additional publications or aids to be made available by the Contractor and the charge (if any):

(ii) Specify the number of additional copies of the Documentation being purchased by the

Principal and the charge:

(iii) Specify dates for delivery of Documentation:

Item 28 Escrow (clause 10.8) Contractor to advise if required

(i) Specify if an Escrow arrangement is required:

(ii) Specify time for Escrow arrangement to endure:

(iii) List Escrow Materials:

Item 29 Management Committee (clause 11.2)

(i) Specify if clause 11.2 applies:

(ii) Specify by when management committee and its processes to be established:

(iii) Specify the persons on the management committee and any additional functions they are to carry out: To be determined at time of contract

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Item 30 Progress Reporting (clause 11.3)


(ii) Nominate Project Manager/Officer for each Party: To be determined at time of contract

Item 31 Contract Review Procedures (clause 11.4)

(i) Specify if clause 11.4 applies: Yes

(ii) Specify any specific time intervals for service and performance reviews:

(iii) Specify any other matters to be reviewed:

Item 32 Site Specification (clause 11.5)


(ii) Specify if the Contractor is to provide a Site Specification:

Item 33 Implementation Planning Study (clause 11.6) (i) Specify if clause 11.6 applies: To be determined at time of contract

(ii) Insert IPS objectives and time for provision of study:

Item 34 Project Implementation and Payment Plan (clause 11.7)

Specify if clause 11.7 applies: Yes

Item 35 Staged Implementation and Right to Terminate (clause 11.8)


Item 36 Service Level Agreement (clause 11.9)


Item 37 Time of the Essence (clause 11.10)


(ii) Due Date for performance and Milestones: To be determined at time of contract

(iii) Method of calculation of Liquidated Damages (LD’s): To be determined at time of contract

(iv) Number of days LD’s are to be applied:

Item 38 Retention of Moneys (clause 11.11)


(ii) Specify percentage of Contract Price is to be retained by the Principal until AAD of a Deliverable: To be determined at time of contract

Item 39 Business Contingency Plan (clause 11.12)


(ii) Specify by when BCP to be provided: To be determined at time of contract

(iii) Specify the BC Services it requires and the period of the services: Principal to advise

(iv) State the periods that the BCP must be updated by the Contractor: To be determined at time of contract

(v) Specify the time periods that the Contractor is to test the operability of the BCP: To be

determined at time of contract

(vi) Specify any information to be included in the BCP: To be determined at time of contract

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Item 40 Payment (clause 12)

(i) Specify whether the Contract Price is fixed: Yes

(ii) Specify price variation mechanism: As per Schedule 12

Item 41 Variations (clause 13) Specify whether Schedule 12 to apply: Yes

Item 42 Termination for Convenience (clause 14.1.2)

Specify whether further compensation is payable and amount: To be determined at time of contract

Item 43 Warranty Period for Deliverables:

Module 1 - Hardware Acquisition and Installation:

Specify Warranty Period, if greater than 365 days: Principal to advise

Module 3 - Licensed Software:


Module 4 - Development Services:


Module 12 - Systems Integration Services:


Item 44 Notices (clause 1.2)

The Principal’s contact details and Service Address:

(Insert details of Government party)

Name: Address: Position: Telephone: Facsimile: The Contractor’s contact details and Service Address:

Name: Address: Position: Telephone: Facsimile:

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Schedule 2 – Agreement Documents

Itemise all documentation (including any supplemental terms and conditions agreed to by the Principal, accepted tenders, offers or quotes from the Contractor, and any letter of acceptance or award issued by the Principal) between the Principal and the Contractor, which constitute this Agreement in this Schedule 2. All such documentation must be itemised in this Schedule 2 and listed below.

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Schedule 3 – Product and Service List General:

Include details of Products and Services to be provided including all pricing details (GST exclusive, GST component and GST inclusive pricing) in Australian dollars, and specify whether any price variation mechanism is to apply. Include reference to critical milestones in process (appropriate to each Module), including contracted achievement dates (where appropriate). Include requirements for acceptance testing to be carried out at each milestone. Special conditions applicable to Modules agreed between the Parties (refer Item 5, Schedule 1 – Agreement Details): Module 1 – Hardware Acquisition and Installation

Hardware being supplied (clause 1.2 of Module 1): Specify the Hardware to be provided Delivery and installation (clause 2 of Module 1): (i) Specify if the Contractor is to install the Hardware (ii) Specify if the Contractor is to remove all packing materials (iii) Specify if the Contractor is required to demonstrate the use of the Hardware (iv) Specify any additional costs for installation and demonstration (v) Specify any additional costs for removal of packaging Integration and Training (clause 3 of Module 1): (i) Specify any integration services the Contractor is to carry out (ii) Specify any training to be carried out by the Contractor and any additional costs (iii) Specify any training materials the Contractor is to provide

Module 2 – Hardware Maintenance Services Hardware Maintenance Services (clause 1.2 of Module 2): (i) Specify the Hardware Maintenance Services to be provided (ii) Specify the Hardware that is the subject of the Hardware Maintenance Services Contract Period (clause 2 of Module 2): Specify the Contract Period of the Hardware Maintenance Services Commencement Date (clause 2 of Module 2): Specify the Commencement Date of the Hardware Maintenance Services

Contract Specifications and SLA (clause 3 of Module 2): (i) Annex or reference the Contract Specifications (clause 3.1) (ii) Annex or reference the SLA, if any (clause 3.1) – N.B. Include response times in the SLA for rectification

of Defects

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Site (clause 3.2 of Module 2): (i) Specify the Site at which the Hardware Maintenance Services are to be performed (ii) Specify any other facilities that the Principal is to provide to enable the Contractor to provide the

Hardware Maintenance Services

Preventative Maintenance (clause 4.1 of Module 2): (i) Specify the times Preventative Maintenance Services are to be performed, if any (ii) Annex or reference if applicable the Preventative Maintenance schedule

Remedial Maintenance (clause 5.1 of Module 2): (i) Specify the Remedial Maintenance Services (ii) Specify the times Remedial Maintenance Services are to be performed (iii) Specify the charge payable for any Remedial Maintenance Services performed outside the maintenance

period Module 3 – Licensed Software

Licensed Software (clause 1.2 of Module 3): Specify the Licensed Software to be provided Licence Period (clause 1.2 of Module 3): Specify if the Licence is not to be a perpetual licence and specify the term of the Licence Class of Licence (clause 2.1 of Module 3): (i) Specify the Class of Licence (ii) Specify the number of copies of the Licensed Software to be provided to the Principal

Licence Rights (clause 4.1 of Module 3): Specify any additional licence rights that the Contractor must provide to the Principal Protection and Security of the Licensed Software (clause 6 of Module 3): Specify if the Principal must maintain records of the location of all copies of the Licensed Software Updates and New Releases (clause 7 of Module 3): (i) Updates and New releases (clause 7.1 of Module 3): Specify any costs for New Releases Specify if the Contractor is to supply Updates and New Releases during any Software Support Services

and the costs (if any) (ii) Training (clause 7.2): Specify any training the Contractor is to provide and the costs (if any) to enable

the Principal and its Personnel to operate an Update or New Release (iii) Installation (clause 7.4(a)): Specify any installation costs

Time and materials rates to be listed

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(iv) Additional Software (clause 7.4 (g)): Specify any additional software that is not an Update or New Release and its cost Designated Equipment and Location (clause 8 of Module 3): (i) Specify if the use of the Licensed Software is restricted to any Designated Equipment (ii) Specify if the Licensed Software may only be operated at specific locations

Consequences of termination (clause 10 of Module 3): (i) Specify if the Principal is to destroy or return to the Contractor all copies of the Licensed Software and

all related Documentation after the termination of the Licence

(ii) Specify if the use of Licensed Software for archival purposes will be subject to any restrictions

Reverse Engineering (clause 12 of Module 3): Specify any specific rights the Principal has to reverse assemble or reverse compile the Licensed

Software in addition to any rights the Principal may have under the Copyright Act 1968 (Cth) Module 4 – Development Services

Licensed Software (clause 1.2 of Module 4): (i) Specify the Services the Contractor is to perform to develop the Software Solution (ii) Annex the implementation planning study (clause 4 of Module 4) (iii) Annex the Project Implementation and Payment Plan (PIPP) (clause 5 of Module 4) specifying the

Development Services the Contractor is to perform (iv) Specify any additional Development Services the Contractor is to perform other than those detailed in

the PIPP Software Solution (clause 1.2 of Module 4): (i) Specify the Software Solution or Product to be created by the Contractor for the Principal (ii) Specify if the Principal is to own the Software Solution or Product

Designated Operating Environment (clause 1.2 of Module 4): Specify the Designated Operating Environment in which the Software Solution is designed to be used Methodology for Software Development Procedure (clause 8 of Module 4): Specify any additional methodologies, or any other requirements to those specified in clause 8, to be

adhered to by the Contractor

Source Code (clause 9 of Module 4): (i) Specify if the source code of Software Solution is not to be placed in escrow (ii) Specify if the Contractor must deliver to the Principal all the source code for software tools used in the

development of the Software Solution required by the Principal to operate and support the Software Solution

(iii) Specify if the Contractor grants a licence to the Principal to use software tools, object libraries or other

devices or methodologies for the purpose of maintaining and enhancing the Software Solution

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Updates and New Releases (clause 12 of Module 4): (i) Specify any costs for Updates and New Releases (ii) Specify if the Contractor is to install Updates and New Releases during any Software Support Services

and the costs (if any)

(iii) Time and Materials rates to be specified Module 5 – Software Support Services

Software Support Services (clause 1.2 of Module 5): (i) Specify the Software Support Services to be provided including, but not limited to, telephone support, e-

mail and fax support, web-based support and on-site support (ii) Specify the support period (iii) Specify the Support Service Fees (iv) Specify Time and Materials rates for additional services (v) Specify the Support Software to be supported (vi) Annex the SLA (if any) that the Parties have agreed to in relation to the Software Support Services Designated Equipment (clause 1.2 of Module 5): Specify the Designated Equipment on which the Supported Software is to be installed and/or used Contract Period (clause 2 of Module 5): Specify the period of the Software Support Services Commencement Date (clause 2 of Module 5): Specify the Commencement Date of the Software Support Services

Additional Services (clause 3.4 of Module 5): (i) Specify any additional services to be provided that are not included in Software Support Services (ii) Specify Time and Materials rates Service Levels (clause 7 of Module 5): Specify any performance rebates for not meeting Service Levels, or reference any relevant Service

Level Agreement provision Module 6 – IT Personnel

IT Personnel Services (clause 1.2 of Module 6): (i) Specify the IT Personnel Services (may entail the writing and placement of an advertisement,

interviewing and preselection of IT Personnel candidates, forwarding IT Personnel candidate names and CV’s, arranging interviews with the Principal, etc)

(ii) Specify the IT Personnel to be provided and detail their qualifications and experience Services (clause 3 of Module 6): Specify the Services the IT Personnel are to perform

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Period of Services (clause 6 of Module 6): Specify the period of the Services of IT Personnel

Module 7 – Professional Services

Professional Services (clause 1.2 of Module 7): Specify the Professional Services Period of Services (clause 2 of Module 7): Specify the period of the Professional Services

Commencement Date (clause 2 of Module 7): Specify the Commencement Date of the Professional Services

Specified Personnel (clause 3 of Module 7): Specify any Specified Personnel (key) to provide the Professional Services and their roles or

responsibilities Project Implementation and Payment Plan (clause 4 of Module 7): Annex the Project Implementation and Payment Plan (if any) that has been agreed between the Parties

Module 8 – Data Management

Data Management Services (clause 1.2 of Module 8): Specify the Services to be provided by the Contractor in respect of the Principal’s Data, which may

include Data Cleansing, Data Conversion and Migration and Data Warehousing Principal’s Data (clause 1.2 of Module 8): Specify the Principal’s Data

Period of Services (clause 2 of Module 8): Specify the period of the Data Services

Commencement Date (clause 2 of Module 8): Specify the Commencement Date of the Data Services Data Management Services (clause 3 of Module 8): Annex or reference (if any) the Contract Specifications and/or SLA Project Implementation and Payment Plan (clause 4 of Module 8): Annex or reference the Project Implementation and Payment Plan

Data Cleansing (clause 5 of Module 8): (i) Specify if the Contractor must conduct an analysis of the Principal’s Data (ii) Specify any reports the Contractor is to provide to the Principal which may include a report of the trends

within the Principal’s business, industry and client base (iii) Specify any accuracy or consistency requirements that the Contractor is to meet for the Data Cleansing (iv) Specify any tasks or responsibilities the Principal is to perform for the Data Cleansing

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Principal’s Data for Migration (clause 6 of Module 8): Specify if the Principal must extract and provide the Principal’s Data to the Contractor for Data Migration

and Conversion in accordance with the PIPP Contractor’s Tools and Methodologies (clause 8 of Module 8): Specify if the Contractor is required to provide the Principal with a licence to use tools, object libraries or

other devices or methodologies for the purpose of maintaining and enhancing the Data Migration Software

Data Warehousing (clause 10 of Module 8): (i) Specify any variations or additional requirements of the Principal in relation to Contractor’s Data

Warehouse

(ii) Specify if the Contractor must provide management of the Data Warehouse in accordance with the PIPP Module 9 – Telecommunications Services

Telecommunications Services (clause 1.2 of Module 9): Specify the Telecommunications Services to be provided by the Contractor Period of Services (clause 2 of Module 9): Specify the period of the Telecommunications Services

Commencement Date (clause 2 of Module 9): Specify the Commencement Date of the Telecommunications Services Location (clause 3 of Module 9): Specify locations, if any, where the Telecommunications Services are to be provided Contract Specifications and Service Level Agreement (clause 3.2 of Module 9): (i) Annex or reference the Contract Specifications

(ii) Annex or reference the Service Level Agreement (if any)

Scalability (clause 4 of Module 9):

Specify any adjustments to the capacity, availability and quality of the Telecommunications Services to be provided by the Contractor during the period of service, including the cost thereof

Contract Price (clause 7 of Module 9):

In addition to the price to be paid for the Telecommunications Services, separately identify establishment costs such as installation fees and set up fees

Billing (clause 8 of Module 9): Billing details: (i) Specify the billing period, if other than monthly (ii) Specify the format of bill to be delivered (iii) Specify the details for any aggregate or consolidated billing

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Billing (clause 8 of Module 9) – cont.: Audits: Default position for the number of audits the Principal may undertake is once per 6 months…specify the

required frequency, if other than this level Back Billing: Specify if Back Billing Period is to be greater than 3 months Benchmarking (clause 13 of Module 9): (i) Specify the type of benchmarking of the Telecommunications Services that may be conducted by the

Principal (ii) Specify remedies available if the Telecommunications Services fail the benchmarking

Module 10 – Web Services

Internet, Filtering and Hosting Services (clause 1.2 of Module 10): (i) Specify the Filtering Services, and the times the Filtering Services are to be performed (ii) Specify the Web Services to be provided by the Contractor (iii) Specify the Hosting Services to be provided by the Contractor Period of Web Services (clause 2 of Module 10): Specify the period of the Web Services

Commencement Date (clause 2 of Module 10): Specify the Commencement Date of the Web Services Internet Services (clause 4.1 of Module 10): Annex or reference the Contract Specifications Access (clause 4.1 of Module 10): (i) Specify if the Principal is not to provide telephone lines, modems, computer hardware and software and

all other equipment within the Principal’s network necessary to enable Users to access the Internet Services

(ii) Specify any Remote Access Services the Contractor is to provide

Directory Data (clause 6 of Module 10): (i) Include information about the Principal’s database of User accounts (the Directory Data) (ii) Specify the structure of the levels of User access to the Internet Services required by the Principal Scalability (clause 7 of Module 10):

Specify any adjustments to the capacity, availability and quality of the Web Services to be provided by the Contractor during the period of Web Services, including the costs of adjustments

Hosting Services (clause 8 of Module 10): Specify if the Contractor is responsible for content maintenance

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Domain Names (clause 9 of Module 10): Specify if the Contractor is to secure a Domain Name on behalf of the Principal Intellectual Property Rights (clause 10 of Module 10): Specify if IP is not to immediately vest in the Principal

Contract Price (clause 13 of Module 10):

In addition to the price to be paid for the Internet Services, separately identify establishment costs such as installation fees and set up fees

Billing (clause 14 of Module 10): Billing details: (i) Specify the billing period, if other than monthly (ii) Specify the format of bill to be delivered (iii) Specify the details for any aggregate or consolidated billing Audits: Default position for the number of audits the Principal may undertake is once per 6 months…specify the

required frequency, if other than this level Back Billing: Specify if Back Billing Period is to be greater than 3 months Service Levels (clause 16 of Module 10): (i) Annex or reference the SLA’s (if any) (ii) Specify any Service Level or rectification arrangements not required in the SLA

(iii) Specify any reports the Contractor is to provide to the Principal in relation to the Service Levels

Benchmarking (clause 17 of Module 10): (i) Specify the purpose and scope of the benchmarking of the Web Services that may be conducted by the

Principal (N.B. Such benchmarking reviews may compare the Services and Service Levels against similar services available in the Australian market, to ensure that the Services and Service Levels remain competitive within the industry during the Term of the Agreement)

(ii) Specify remedies available if the Web Services fail the benchmarking

Transition (clauses 19 & 20 of Module 10): (i) Annex transition plans (if any) (ii) Specify any additional transition requirements of the Principal

Module 11 – Managed Services

Managed Services (clauses 1.2 & 3.1 of Module 11): Specify the Managed Services the Contractor is to provide Period of Services (clause 2 of Module 11): Specify the period of the Managed Services

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Commencement Date (clause 2 of Module 11): Specify the Commencement Date of the Managed Services Contract Specifications and SLA (clause 3.2 of Module 11): (i) Annex or reference the Contract Specifications (ii) Annex or reference the SLA (iii) Annex or reference the transition in and transition out plans Other Deliverables to be procured (clause 3.4 of Module 11): (i) Specify if the Contractor is to procure any other Deliverables

(ii) List the Deliverables and indicate if the Contractor is to purchase these Deliverables as a Nominee

Purchaser of the Principal or otherwise

Transition In (clause 4 of Module 11): (i) Specify additional obligations of the Contractor other than those specified in clause 4, if any (ii) Specify the Contractor’s obligations regarding the transfer or management of third party contracts (iii) Specify any other items to be included in a procedures manual, other than those specified in clause 4(f),

if any Transition Out Plan (clause 6 of Module 11):

Specify the hourly rate (Time and Materials) for the Contractor to provide a transition out plan

Transition Out (clause 7 of Module 11):

Specify if the Contractor is not required to perform the transition out services specified in clause 7 and/or is to provide additional transition out services

Module 12 – Systems Integration Services

Systems Integration Services (clause 1.2 of Module 12): (i) Specify the Systems Integration Services (ii) Specify the System the Contractor must provide after it has performed the Systems Integration Services Period of Systems Integration Services (clause 2 of Module 12): Specify the period of the Systems Integration Services

Commencement Date (clause 2 of Module 12): Specify the Commencement Date of the Systems Integration Services Systems Integration Services (clause 4 of Module 12): (i) Specify any additional services the Contractor is to perform that are not described in the Project

Implementation and Payment Plan (ii) Specify if the Stages in clause 6 are to be varied or are not to be included (iii) Specify which Party will complete the Contract Specification for the Systems Integration

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Statement of Requirements (clause 4 of Module 12): Annex or reference the Principal’s Statement of Requirements Implementation Planning Study (clause 5 of Module 12): Annex the implementation planning study Project Implementation and Payment Plan (clause 6 of Module 12): Annex or reference the Project Implementation and Payment Plan

Maintenance of Principal’s Materials (clause 7 of Module 12):

Specify if the Contractor is to manage any existing maintenance obligations in respect of the Principal’s Materials

System Warranty (clause 9 of Module 12): Annex or reference the Contract Specifications

Transition Out Plan (clause 10 of Module 12):

Specify the hourly rate (Time and Materials) for the Contractor to provide a transition out plan Transition Out (clause 11 of Module 12):

Specify if the Contractor is not required to perform the transition out services specified in clause 11 and/or is to provide additional transition out services

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Schedule 4 – Statutory Declaration by Subcontractor

Oaths Act (NSW), 1900 Ninth Schedule I, do solemnly and sincerely declare that to the best of my knowledge

and belief: 1. [insert full subcontractor company name and its ACN/ABN] (“the Declarant”) has been selected as a

subcontractor to, [insert name of the Contractor] (“the Contractor”) under an agreement between the [insert name of the Principal] for and on behalf of the Crown in right of the State and the Contractor for the supply of the Deliverables to the Principal (“the Agreement”).

2. The Declarant is aware of the terms and conditions as set out in the Agreement. 3. The Declarant offers to sub-contract on terms that:

(a) are consistent with the standard terms and conditions of the Agreement; and

(b) will enable compliance by the Contractor with clause 9.4 of the Agreement. 4. There are no reasons of which I am aware that prevent a subcontract from being signed and performed

in a manner that will allow the satisfactory and timely performance of any relevant Contractor responsibilities under the Agreement.

And I make this solemn declaration, as to the matter aforesaid according to the law in this behalf made, and subject to the punishment by law provided for any willfully false statement in any such declaration. Declared at

the

day of 20

Before me,

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Schedule 5 – Expert Determination Procedure EXPERT DETERMINATION 1 If a Referral Notice is submitted under clause 3.7.2 of the Agreement, the expert is to be agreed

between the Parties. If they cannot agree within 28 days of the Referral Notice, the expert is to be nominated on the application of either Party by the Chief Executive Officer, Australian Commercial Disputes Centre, of the State.

2 The expert nominated must be a lawyer and an information technology expert unless otherwise agreed.

The expert must not be:

(a) an employee of the Parties;

(b) a person who has been connected with this Agreement or has a Conflict of Interest, as the case may be; or

(c) a person who the Parties have not been able to agree on. 3 When the person to be the expert has been agreed or nominated, the Principal, on behalf of both

Parties, must engage the expert by letter of engagement (and provide a copy to the Contractor) setting out:

(a) the issue referred to the expert for determination;

(b) the expert’s fees;

(c) the procedure for the determination set out in this Schedule; and

(d) any other matter which is relevant to the engagement.

4 Submissions 4.1 The procedure for submissions to the expert is as follows:

(a) The Party to the Agreement that has referred the issue to Expert Determination must make a submission in respect of the issue, within 15 business days after the date of the letter of engagement referred to in clause 3.

(b) The other Party must respond within 15 business days after receiving a copy of that submission. That response may include cross-claims.

(c) The Party referred to in clause 4.1 (a) may reply to the response, but must do so within 10 business days after receiving the response, and must not raise new matters.

(d) The other Party may comment on the reply, but must do so within 10 business days after receiving the reply, and must not raise new matters.

(e) The expert must ignore any submission, response, reply, or comment not made within the time given in this clause 4.1 of this Expert Determination Procedure, unless the Principal and the Contractor agree otherwise.

(f) The expert may request further information from either Party. The request must be in writing, with a time limit for the response. The expert must send a copy of the request and response to the other Party, and give the other Party a reasonable opportunity to comment on the response.

(g) All submissions, responses, replies, requests and comments must be in writing. If a Party to the Agreement gives information to the expert, it must at the same time give a copy to the other Party.

5 Conference 5.1 The expert may request a conference with both Parties to the Agreement. The request must be in

writing, setting out the matters to be discussed. 5.2 The Parties agree that such a conference is considered not to be a hearing that would give anything

under this Expert Determination Procedure the character of arbitration. 6 In answer to any issue referred to the expert by a Party, the other Party can raise any defence, set-off,

or counter-claim.

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7 Questions to be determined by the Expert 7.1 The expert must determine for each issue the following questions (to the extent that they are applicable

to the issue): (a) Is there an event, act or omission that gives the claimant a right to compensation under the

Agreement:

(i) for damages for breach of the Agreement, or

(ii) otherwise in law? (b) If so:

(i) what is the event, act or omission?

(ii) on what date did the event, act or omission occur?

(iii) what is the legal right which gives rise to the liability to compensation?

(iv) is that right extinguished, barred or reduced by any provision of the Agreement, estoppel, waiver, accord and satisfaction, set-off, cross-claim, or other legal right?

(c) In the light of the answers to clause 7.1(a) and (b) of this Expert Determination procedure:

(i) What compensation, if any, is due from one Party to the other and when did it fall due?

(ii) What interest, if any, is due when the expert determines that compensation?

7.2 The expert must determine for each issue any other questions required by the Parties, having regard to the nature of the issue.

8 The Parties must share equally the fees and out-of-pocket expenses of the expert for the determination,

and bear their own expenses. 9 If the expert determines that one Party must pay the other an amount exceeding the amount specified in

Agreement Details (calculating the amount without including interest on it and after allowing for set-offs), then either Party may commence litigation, but only within 56 days after receiving the determination.

10 Unless a Party has a right to commence litigation under clause 9 of this Schedule:

(a) the Parties must treat each determination of the expert as final and binding and give effect to it; and

(b) if the expert determines that one Party owes the other money, that Party must pay the money within 28 days.

11 Role of Expert 11.1 The expert:

(a) acts as an expert and not as an arbitrator;

(b) must make its determination on the basis of the submissions of the Parties, including documents and witness statements, and the expert’s own expertise; and

(c) must issue a certificate in a form the expert considers appropriate, stating the expert’s determination and giving reasons, within 12 weeks after the date of the letter of engagement referred to in clause 3.

11.2 If a certificate issued by the expert contains a clerical mistake, an error arising from an accidental slip or omission, a material miscalculation of figures, a mistake in the description of any person, matter or thing, or a defect of form, then the expert must correct the certificate.

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Schedule 6 – Confirmation of Insurances Insurer: Contractor: (The Insured) Re: Agreement for the provision of [insert Contract title]

between the Insured and the “Principal” [insert Principal title]

It is confirmed that: 1. The Insured has obtained the following policies (the Insurance Policies) (a) A public liability policy to the value of $AUD (the Limit of Indemnity) in respect of each claim;

(b) A products liability policy to the value of $AUD for the total aggregate liability for all claims arising out of the Insured’s products for the period of cover.

(c) Professional Indemnity Insurance to the value of $AUD

Expiry / 20

(d) Workers Compensation Insurance

2. The respective rights and interests of the Principal and any sub-contractors of the Insured are noted on

the Insurance Policy(ies) 1(a) and 1(b). 3. The Insurer will accept a notice of claim given by the Insured, the Principal or any sub-contractor as

being a claim given by all of the insured under insurance policies 1(a) and 1(b). 4. The insurance policies conform with the requirements of clause 4.1 of the Agreement between the

Principal and the Insured. Attach a Certificate of Currency for the policy/ies above. Specify below any exclusions for the Insurance Policies.

Signature of authorised representative of Insurer/Broker

Print name Position

Date

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AGREEMENTSCHEDULES45AGREEMENTSCHEDULES

Schedule 7 – Financial Security

Deed of Agreement dated the day of 20

Between [insert name of the Principal] (‘the Principal’)

And [insert name and ACN/ABN] (‘the Guarantor’)

What is agreed: 1. _______________[insert name of the Contractor and the ACN/ABN] (‘Contractor’) has agreed to supply

Deliverables to the Principal pursuant to a contract (‘Agreement’). The following undertaking is given in respect of the Agreement:

The Guarantor unconditionally agrees to pay to the Principal on demand without reference to the Contractor and separate from any notice given by the Contractor to the Guarantor not to pay same, any sum or sums which may from time to time be demanded in writing by the Principal to a maximum aggregate sum of $ [insert dollar amount]

2. The Guarantor’s liability under this Financial Security will be a continuing liability until payment is made up to

the maximum aggregate sum or the Principal notifies the Guarantor that this Financial Security is no longer required.

3. This Financial Security shall be governed by and construed in accordance with the laws in force in the State

or Territory of the Principal’s registered address. 4. A notice or other communication is properly given or served if the party delivers it by hand, posts it or

transmits a copy electronically (electronic mail or facsimile) to the address last advised by one of them to the other. Where the notice is given or served electronically, the sending party must confirm receipt by any other means.

5. The address for services of notice for a party is, in the case of the:

Guarantor Physical address Postal address Phone number Fax number Email address Contractor Physical address Postal address Phone number Fax number Email address Principal Physical address Postal address Phone number Fax number Email address

or such other address as a party may notify to the other party in writing from time to time.46

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6. A notice or other communication under this Schedule is deemed to be received if:

(a) delivered by hand, when the party who sent the notice holds a receipt for the notice signed by a person employed at the physical address for service;

(b) sent by post from and to an address within Australia, after three (3) working days; (c) sent by post from or to an address outside Australia, after ten (10) working days; (d) sent by facsimile, at the time which the facsimile machine to which it has been sent records that the

communication has been transmitted satisfactorily (or, if such time is outside normal business hours, at the time of resumption of normal business hours);

(e) sent by electronic mail, the next working day; or (f) sent by any other electronic means, only in the event that the other party acknowledges receipt by any

means. EXECUTED AS A DEED Signed for and on behalf of [insert name of Principal]

By [insert name of Principal’s representative]

In the presence of: [insert name of witness not a party to this Deed]

Signature of Principal’s representative Signature of Witness

Print name Print name The Common Seal of [insert Guarantor’s name & ACN/ABN]

was affixed by [authority of the Board of Directors]

in the presence of [insert name of Director/Secretary or other permanent officer]

Signature of Director/Secretary Signature of Director/Secretary


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Schedule 8 – Performance Guarantee


Between [insert name of the Principal] (‘the Principal’)

And [insert name and ACN/ABN of the Guarantor] (‘the Guarantor’)

Purpose [insert name and ACN/ABN of the Contractor] (“the Contractor”) has agreed to supply Deliverables to the Principal pursuant to the contract (“the Agreement”). The Guarantor agrees to provide the guarantees and indemnities stated below in respect of the Agreement. What is agreed: The Guarantor guarantees to the Principal the performance of the obligations undertaken by the Contractor under the Agreement on the following terms and conditions: 1. If the Contractor (unless relieved from the performance of the Agreement by the Principal or by statute or by

a decision of a tribunal of competent jurisdiction) fails to execute and perform its undertakings under the Agreement, the Guarantor will, if required to do so by the Principal, complete or cause to be completed the undertakings contained in the Agreement.

2. If the Contractor commits any breach of its obligations, and the breach is not remedied by the Guarantor as

required by clause 1 and the Agreement is then terminated for default, the Guarantor will indemnify the Principal against costs and expenses directly incurred by reason of such default.

3. Where the Guarantor consists of more than one legal person each of those persons agree to be bound

jointly and severally by this Deed of Guarantee and the Principal may enforce this Deed of Guarantee against all or any of the persons who constitute the Guarantor.

4. The Guarantor will not be discharged, released or excused from this Deed of Guarantee by an arrangement

made between the Contractor and Principal with or without the consent of the Guarantor, or by any alteration, amendment or variation in the obligations assumed by the Contractor or by any forbearance whether as to payment, time, performance or otherwise.

5. The obligations of the Contractor will continue in force and effect until the completion of the undertakings of

this Deed of Guarantee by the Guarantor. 6. The obligations and liabilities of the Guarantor under this Deed of Guarantee will not exceed the obligations

and liabilities of the Contractor under the Agreement. 7. This Deed of Guarantee will be subject to and construed in accordance with the laws in force in the State or

Territory of the Principal’s registered address. 8. Where the Contractor has failed to perform under the Agreement, the obligations of the Guarantor will

continue even though the Contractor has been dissolved or has been made subject to external administration procedures under Chapter 5 of the Corporations Law or any other law.

9. The rights and obligations under this Guarantee will continue until all obligations of the Contractor under the

Agreement have been performed, observed and discharged. 10. A notice or other communication is properly given or served if the party delivers it by hand, posts it or

transmits a copy electronically (electronic mail or facsimile) to the address last advised by one of them to the other. Where the notice is given or served electronically, the sending party must confirm receipt by some other means.48

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11. The address for services of notice under this schedule for a party is, in the case of the:

Guarantor Physical address Postal address Phone number Fax number Email address Contractor Physical address Postal address Phone number Fax number Email address Principal Physical address Postal address Phone number Fax number Email address

Or such other address as a party may notify to the other party in writing from time to time. 12. A notice or other communication is deemed to be received if:

(a) delivered by hand, when the party who sent the notice holds a receipt for the notice signed by a person employed at the physical address for service;

(b) sent by post from and to an address within Australia, after three (3) working days;

(c) sent by post from or to an address outside Australia, after ten (10) working days;

(d) sent by facsimile, at the time which the facsimile machine to which it has been sent records that the communication has been transmitted satisfactorily (or, if such time is outside normal business hours, at the time of resumption of normal business hours);

(e) sent by electronic mail, the next working day; or

(f) sent by any other electronic means, only in the event that the other party acknowledges receipt by any means.AGREEMENTSCHEDULES49AGREEMENTSCHEDULES

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EXECUTED AS A DEED Signed for and on behalf of [insert name of Principal]


In the presence of: [insert name of witness not a party to this Deed]

Signature of Principal’s representative Signature of Witness

Print name Print name The Common Seal of [insert Guarantor’s name & ACN/ABN]




Print name Print name 0

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Schedule 9 – Deed of Confidentiality


Between [insert name of the Government Party] (‘the Disclosing Party’)

And [insert name and address of Confidant] (‘the Confidant’)

RECITALS: a. In the course of the Confidant supplying certain Deliverables for the Disclosing Party (whether directly or

indirectly) pursuant to the Agreement, the Confidant will have access to and may become aware of Confidential Information belonging to or in the possession of the Disclosing Party.

b. Improper use or disclosure of the Confidential Information would severely damage the Disclosing Party’s ability to perform its governmental/statutory functions and would severely damage the commercial interests of the Disclosing Party.

c. The Disclosing Party requires, and the Confidant agrees, that it is necessary to take all reasonable steps (including the execution of this Deed) to ensure that the Disclosing Party’s Confidential Information is kept confidential and that the Confidant provides the Deliverables faithfully and without any conflicting interest.

d. This Deed sets out the terms on which the Confidant will have access to the Confidential Information.

What is agreed: 1. Recitals

The Parties acknowledge the truth and accuracy of the Recitals. 2. Interpretation 2.1 Definitions In the interpretation of this Deed unless a contrary intention appears the following

expressions will have the following meanings:“ “Agreement” means the agreement between the Principal and the Contractor for the supply of the

Deliverables dated [insert date] “Confidential Information” means information that

(a) is by its nature confidential; or (b) is communicated by the discloser to the Confidant as confidential; or (c) the Confidant knows or ought to know is confidential; and (d) includes but is in no way limited to:

(i) the Deliverable; (ii) materials including the financial, the corporate and the commercial information; (iii) any material which relates to the affairs of a third party; (iv) information relating to the strategies, practices and procedures of the State and any

information in the Contractor’s possession relating to the State public service.

But does not include anything which the Confidant establishes:

(i) was in the public domain at the time it was received by the Confidant; or (ii) entered the public domain after being received by the Confidant, (iii) that the Confidential Information was disclosed pursuant to the terms of this

Agreement,

unless it entered the public domain due to a breach of confidentiality by the Confidant; or which the Confidant establishes was received by it from another person before or after it was received from the Principal, if the other person did not breach any law or agreement by giving it to the Confidant.

“Contractor” means [insert name of Contractor]

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“Deliverables” means any product or service and any associated material offered for supply or

provided by the Contractor in accordance in the Agreement. “Express Purpose” means the Confidant performing the obligations under the Agreement. “Intellectual Property Rights” includes copyright, moral rights, patent, trademark, design, semi-

conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights existing in Australia.

“Notice” means notice in writing given in accordance with this Deed. “Principal” has the same meaning as in the Agreement. “Principal’s Materials” means any documentation, information or material supplied by or on behalf of

the Principal. “Records” includes any information, documents or data brought into existence by any means and

stored by any means in connection with the performance of the Agreement. “State” means the State of New South Wales. 2.2 General 2.2.1 Headings are for convenience only, and do not affect interpretation. The following rules also apply in

interpreting this document, except where the context makes it clear that a rule is not intended to apply. 2.2.2 A reference to:

(a) legislation (including subordinate legislation) is a reference to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(b) a document or agreement, or a provision of a document or agreement, is a reference to that document, agreement or provision as amended, supplemented, replaced or novated;

(c) a person includes any type of entity or body of persons whether or not it is incorporated or has a separate legal entity;

(d) anything (including a right, obligation or concept) includes each part of it. 2.2.3 If this Deed expressly or impliedly binds more than one person then it shall bind each such person

separately and all such persons jointly. 2.2.4 A singular word includes the plural, and vice versa. 2.2.5 A word which suggests one gender includes the other gender. 2.2.6 If a word is defined, another part of speech of that word has a corresponding meaning. 3. Non disclosure 3.1 The Confidant must not disclose the Confidential Information to any person without the prior written

consent of the Disclosing Party. 3.2 The Disclosing Party may grant or withhold its consent in its discretion. 3.3 If the Disclosing Party grants its consent, it may impose conditions on that consent, including a condition

that the Confidant procures the execution of a Deed in these terms by the person to whom the Confidant proposes to disclose the Confidential Information.

3.4 If the Disclosing Party grants consent subject to conditions, the Confidant must comply with those

conditions.52 3.5 Despite clause 3.1, the Confidant may disclose the Confidential Information to its directors, officers,

employees, and contractors (“permitted recipients”) where such disclosure is essential to carrying out their duties owed to the Disclosing Party or in accordance with this Deed.

3.6 Before disclosing the Confidential Information to a permitted recipient, the Confidant will ensure that the

permitted recipient is aware of the confidentiality requirements of this Deed and is advised that it is strictly forbidden from disclosing the Confidential Information or from using the confidential information other than as permitted by this Deed.

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3.7 The Confidential Information must not be copied or reproduced by the Confidant or the permitted

recipients without the expressed prior written permission of the Disclosing Party, except as for such copies as may be reasonably required for the purposes of this Deed.

3.8 The Disclosing Party may at any time require the Confidant to promptly arrange for the permitted

recipients to execute a Deed of Confidentiality substantially in the form of this Deed. 3.9 If any person being any director, officer, contractor or employee of the Confidant, who has had access to

the Confidential Information in accordance with this clause leaves the service or employ of the Confidant then the Confidant will procure that that person does not do or permit to be done anything which, if done or permitted to be done by the Confidant, would be a breach of the obligations of the Confidant under this Deed.

3.10 The requirements of this Deed do not affect the obligation of the Confidant to disclose any Confidential

Information where it is required to be disclosed at law. 4. Restriction on use 4.1 The Confidant must use the Confidential Information only for the Express Purpose and must not without

the prior written consent of the Disclosing Party use the Confidential Information for any purpose other than the Express Purpose.

4.2 The Confidant must, unless otherwise authorised by the prior written consent of the Disclosing Party:

(a) treat as confidential and secret all of the Confidential Information which the Confidant has already acquired or will acquire from the Disclosing Party;

(b) take proper and adequate precautions at all times and enforce such precautions to preserve the confidentiality of the Confidential Information and take all necessary action to prevent any person obtaining access to the Confidential Information other than in accordance with this Deed;

(c) not directly or indirectly use, disclose, publish or communicate or permit the use disclosure, publication or communication of the Confidential Information to any person other than in accordance with this Deed;

(d) not copy or disclose to any person in any manner any of the Confidential Information other than in accordance with this Deed; and

(e) ensure that the permitted recipients comply with the terms of this Deed and keep the Confidential Information confidential and not use or disclose the Confidential Information other than as permitted by this Deed.

5. Survival

This Deed will survive the termination or expiry of the Agreement for a period of 6 years.

6. Rights of the Disclosing Party 6.1 Production of Documents 6.1.1 The Disclosing Party may demand the delivery up to the Disclosing Party of all documents in the

possession or control of the Confidant containing the Confidential Information. 6.1.2 The Confidant must immediately comply with a demand under this clause 6. 6.1.3 If the Disclosing Party makes a demand under this clause 6, and the Confidant has placed or is aware

that documents containing the Confidential Information are beyond his or her possession or control, then the Confidant must provide full particulars of the whereabouts of the documents containing the Confidential Information, and the identity of the person in whose the Disclosing Party or control they lie.

6.1.4 In this clause 6, “documents” includes any form of storage of information, whether visible to the eye or

not. 6.2 Legal Proceedings. The Disclosing Party may take legal proceeding against the Confidant or third

parties if there is any actual, threatened or suspected breach of this Deed, including proceedings for an injunction to restrain such breach.

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7. Indemnity and release 7.1 The Confidant is liable for and agrees to indemnify and keep indemnified the Disclosing Party in respect

of any claim, damage, loss, liability, cost, expense, or payment which the Principal suffers or incurs as a result of:

7.1.1 a breach of this Deed (including a breach of this Deed which results in the infringement of the rights of

any third party); or 7.1.2 the disclosure or use of the Confidential Information by the Confidant or the permitted recipients other

than in accordance with this Deed. 8. No exclusion of law or equity 8.1 This Deed does not exclude the operation of any principle of law or equity intended to protect and

preserve the confidentiality of the Confidential Information. 9. Waiver 9.1 No waiver by the Disclosing Party of one breach of any obligation or provision of this Deed will operate

as a waiver of another breach of any other obligation or provision of this Deed. 9.2 None of the provisions of this Deed will be taken to have been varied waived discharged or released by

the Disclosing Party unless by its express consent in writing. 10. Remedies cumulative 10.1 Cumulative. The rights and remedies provided under this Deed are cumulative and not exclusive of any

other rights or remedies. 10.2 Other Instruments. Subject to the other covenants of this Deed, the rights and obligations of the parties

pursuant to this Deed are in addition to and do not derogate from any other right or obligation between the parties under any other Deed or agreement to which they are parties.

11. Variations and amendments No term or provision of this Deed may be amended or varied unless reduced to writing and signed by

the parties in the same manner as this instrument. 12. Applicable law. This Deed will be governed and construed in accordance with the laws of the State and

the Commonwealth of Australia. 13. Notices 13.1 Notices must be sent to the other party at the address shown in this Deed, or the address last notified to

the other party in writing, or in the case of the Confidant, at the Confidant’s registered office. 13.2 All notices must be in writing and signed by the relevant party and must be given either by hand

delivery, post or facsimile transmission. 13.3 If delivery or receipt of a notice is not made on a business day, then it will be taken to be made on the

next business day.54

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EXECUTED AS A DEED Signed, sealed and delivered by [name and position of person signing]

for and on behalf of the [insert name of Disclosing Party]

for and on behalf of the Crown in right of the State of [insert name of State]

but not so as to incur any personal liability.

Signature of Disclosing Party Signature of Witness

Print name Print name Signed, sealed and delivered by In the presence of

Signature of Confidant Signature of Witness


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Schedule 10 - Privacy CONTRACTOR’S PRIVACY OBLIGATIONS Pursuant to clause 6.2 of the Agreement, the Contractor agrees: 1 to use, access, retain or disclose Personal Information obtained during the course of providing the

Deliverables under the Agreement only for the purpose for which the Personal Information was acquired;

2 not to do any act or engage in any practice that would breach an Information Privacy Principle, or which

if done or engaged in by the Principal, would be a breach of that IPP; 3 to comply with, carry out and discharge to the maximum extent possible, the obligations contained in the

IPP’s as if it were the Principal carrying out and discharging those obligations; 4 to notify the Principal immediately upon becoming aware of a breach or possible breach of any of the

obligations contained in or referred to in this Schedule, whether by the Contractor or its Personnel; 5 to notify the individuals affected, that complaints about acts or practices in relation to such individuals’

Personal Information may be investigated by the Privacy Commissioner; 6 to comply with all reasonable directions of the Principal in relation to the care and protection of Personal

Information held in connection with the Agreement and in addition thereto, take all reasonable measures to ensure that such information is protected against loss, unauthorised access or use, modification or disclosure and against other misuse;

7 to ensure that any Personnel of the Contractor who is required to deal with the Personal Information for

the purposes of the Agreement is made aware of the obligations of the Contractor under this Schedule; and

8 to ensure that any other agreement with any Personnel who may be fulfilling a requirement in relation to

the Agreement which includes the handling of Personal Information, contains the same or equivalent obligations to this Schedule which are enforceable by the Contractor against the Approved Party or the subcontractor, as applicable.5

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Schedule 11 – Escrow Agreement


Between [insert name, and ACN/ABN, if applicable] (in this Agreement called the “Escrow Agent”) of the first part

And [insert name, and ACN/ABN if applicable and the Principal Agreement Number] (in this Agreement called “the Contractor”) of the second part

And [insert name of Government Party] (in this Agreement referred to as “the Principal”) of the third part

RECITALS: a. By Agreement made on the ………………. day of …………………20.., the Contractor has agreed to

grant a licence to the Principal to use the Licensed Software. b. The Contractor and the Principal have agreed to appoint an escrow agent and the Escrow Agent has

agreed to act as Escrow Agent and to hold the Source Code for the Licensed Software on the following terms and conditions.

NOW THIS CONTRACT WITNESS: 1. Interpretation

In this Agreement the following words have the following meaning:

“Agreement” means the agreement pursuant to which the Contractor has granted a licence to the Principal to use the Licensed Software;

“Contract Specifications” has the same meaning as in the Agreement;

“Defect” means a defect, error or malfunction in that software such that the Licensed Software does not comply with and cannot be used in accordance with the Contract Specifications;

“Escrow Fee” means the fee set out in Attachment 1 of this Schedule;

“Licensed Software” means the software specified in Attachment 2 of this Schedule and includes any Update or New Release of that software provided to the Principal under the Agreement and any material related to the Licensed Software such as, but not limited to, flow charts, logic diagrams and listings that the Contractor makes generally commercially available from time to time;

“New Release” means software which has been produced primarily to extend, alter or improve the Licensed Software by providing additional functionality or performance enhancement (whether or not Defects in the software are also corrected) while still retaining the original designated purpose of the Licensed Software;

“Source Code” means the Licensed Software expressed in human-readable language which is necessary for the understanding, maintaining, modifying, correction and enhancing of the Licensed Software and that is deposited with the Escrow Agent in accordance with this Agreement; “Supporting Material” means all of the material and data developed and used in and for the purpose of creating the software including (but not limited to) compiled object code, tapes, operating manuals and other items listed in Attachment 3;

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“Update” means software which has been produced primarily to overcome Defects in, or to improve the operation of, the Licensed Software without significantly altering the Contract Specifications whether or not the Licensed Software has also been extended, altered or improved by providing additional functionality or performance enhancement.

1.2 In this Agreement, unless the contrary intention appears:

(a) monetary references are references to Australian currency;

(b) the clause and subclause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;

(c) a cross reference to a clause number is a reference to all its subclauses;

(d) words in the singular number include the plural and vice versa;

(e) words importing a gender include any other gender;

(f) a reference to a person includes a partnership and a body whether corporate or otherwise;

(g) a reference to a clause or subclause is a reference to a clause or subclause of this Agreement;

(h) a reference to an Attachment is a reference to an Attachment to this Document;

(i) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

1.3 Where an obligation is imposed on a party under this Agreement, that obligation shall include an

obligation to ensure that no act, error or omission on the part of that party’s employees, agents or subcontractors or their employees or agents occurs which will prevent the discharge of that party’s obligation.

2. Duration

This Agreement is in force until the Source Code is released in accordance with this Agreement or the Agreement is otherwise terminated.

3. Appointment of Escrow Agent

The Escrow Agent is hereby appointed jointly by the Principal and the Contractor and, subject to the terms and conditions of this Agreement, is granted full power and authority to act on behalf of each Party to this Agreement.

4. Contractor’s Obligations 4.1 The Contractor shall deliver to, and deposit with, the Escrow Agent one copy of the Source Code and

the Supporting Material within 7 days of the date of this Agreement (or time as otherwise agreed). 4.2 The Contractor shall maintain, amend, modify, up-date and enhance the Source Code and Supporting

Material at all times and shall ensure that the Source Code and Supporting Material deposited with the Escrow Agent is kept fully up-to date and accurately reflects the Licensed Software including all modifications, amendments, Updates and New Releases made to, or in respect of, the Licensed Software.

4.3 The Contractor warrants to the Principal that the Source Code is, to the best of the knowledge of the

Contractor, free from any virus or program device which would prevent the Licensed Software from performing its desired function or which would prevent or impede a thorough and effective verification thereof.

5. Escrow Agent’s Obligations 5.1 The Escrow Agent shall accept custody of the Source Code on the date of delivery in accordance with

subclause 4.1 of this Agreement and, subject to the terms and conditions of this Agreement, shall hold the Source Code on behalf of the Principal and the Contractor.

5.2 The Escrow Agent shall take all reasonable necessary steps to ensure the preservation, care,

maintenance, safe custody and security of the Source Code while it is in the possession, custody or control of the Escrow Agent, including storage in a secure receptacle and in an atmosphere which does not harm the Source Code and the Supporting Material.

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5.3 The Escrow Agent shall bear all risks of loss, theft, destruction of or damage to the Source Code while it

is in the Escrow Agent’s possession, custody or control where such loss, theft, destruction or damage is caused by negligence default, willful damage or recklessness of the Escrow Agent or its employees or agents.58

5.4 If the Source Code is lost, stolen, destroyed or damaged while it is in the possession, custody or control

of the Escrow Agent, the Escrow Agent shall, at its own expense, obtain from the Contractor a further copy of the Source Code.

5.5 The Escrow Agent is not obliged to determine the nature, completeness or accuracy of the Source Code

lodged with it. 6. Escrow Fee and Expenses 6.1 The Principal shall pay the Escrow Fee. 6.2 All expenses and disbursements incurred by the Escrow Agent in connection with this Agreement shall

be borne wholly and completely by the Escrow Agent. 6.3 All expenses and disbursements incurred by the Contractor in connection with this Agreement shall be

borne wholly and completely by the Contractor. 7. Testing and Verification 7.1 The Principal may, in the presence of and under the supervision of the Contractor, analyse and conduct

tests in relation to the Source Code and Supporting Material for verification purposes. 7.2 The Principal may engage an independent assessor to undertake analysis and tests of the Source Code

and Supporting Material for verification purposes, on its behalf. 7.3 The Escrow Agent shall release the Source Code and Supporting Material to the independent party

upon presentation of a Release form signed by the Principal and the Contractor specifying the material to be released and identifying the person to whom that material may be released.

7.4 The Source Code and Supporting Material released pursuant to clause 7.3 must be returned to the

Escrow Agent or its employees or agents. 8. Release of the Source Code and Supporting Material 8.1 The Escrow Agent shall not release, or allow access to, the Source Code and Supporting Material

except in accordance with the provisions of this Agreement. 8.2 The Escrow Agent shall release the Source Code to the Principal upon written notice from the Principal

that:

(a) the Contractor has become subject to any form of insolvency administration;

(b) the Contractor has ceased for any reason to maintain or support the Licensed Software;

(c) the Principal Agreement has been terminated by the Principal for breach of contract by the Contractor; or

(d) if this Agreement is terminated.

8.3 Where the Agreement has been terminated by the Contractor or where the Principal has agreed to the

release the Escrow Agent shall, upon written request from the Contractor, release the Source Code and Supporting Material to the Contractor.

9. Termination 9.1 The Escrow Agent may, by giving 3 months prior written notice to the Principal and the Contractor,

terminate this Agreement subject to the pro-rata refund of any advance payment of the Escrow Fee. 9.2 The Principal and the Contractor may jointly terminate this Agreement immediately if the Escrow Agent:

(a) has become subject to any form of insolvency administration; or

(b) is in breach of any obligation under this Agreement so that there is a substantial failure by the Escrow Agent to perform or observe this Agreement.

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9.3 If this Agreement is terminated in accordance with this clause while the Agreement remains in force, the

Principal and the Contractor shall enter into a new Escrow Agreement on the same terms and conditions as are set out in this Agreement, with an alternative escrow agent who is acceptable to both the Principal and the Contractor.

9.4 The Principal and the Contractor may, upon giving 30 days prior written notice to the Escrow Agent,

jointly terminate this Agreement, however no refund of advance payment of the Escrow Fee will be payable.

10. Confidentiality 10.1 The Escrow Agent shall not, except as permitted by this Agreement, make public or disclose to any

person any information about this Agreement or the Source Code. 10.2 The Escrow Agent shall not reproduce, or cause to have reproduced, a copy of the Source Code or any

part thereof. 10.3 The obligations under this clause shall survive the termination of this Agreement. 11. Compliance with Laws The Escrow Agent shall in carrying out this Agreement comply with the provisions of any relevant

Statutes, Regulations, By-Laws and the requirements of any Commonwealth, State or local authority. 12. Resolution of Disputes

Any party under this Agreement may notify in writing a dispute in respect of a matter arising under this Agreement. The Parties shall within 7 days of such notice consult to agree a method for resolving the dispute by way of:

(a) negotiation;

(b) alternative dispute resolution procedures; or

(c) arbitration; and shall commence procedures for dispute resolution within a reasonable time of agreeing a method.

13. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws from time to time in force in [insert appropriate jurisdiction].

14. Variation and Waiver 14.1 This Agreement shall not be varied either in law or in equity except by agreement in writing signed by

the Escrow Agent, the Principal and the Contractor. 14.2 A waiver by one Party of a breach of a provision of this Agreement by another Party shall not constitute

a waiver in respect of any other breach or of any subsequent breach of this Agreement. The failure of a Party to enforce a provision of this Agreement shall not be interpreted to mean that Party no longer regards that provision as binding.

15. Assignment The Contractor and the Escrow Agent, or either of these, shall not assign, in whole or in part, its benefits

under this Agreement without the written consent of the Principal and such consent shall not be unreasonably withheld.

16. Severability

Each provision of this Agreement, and each part of it shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable part, so that if any provision, or part of a provision is void or otherwise unenforceable for any reason, then that provision, or part shall be severed and the remainder shall be read and construed as if the severable part had never existed.60

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17. Notices 17.1 A notice or other communication is properly given or served if the party delivers it by hand, posts it or

transmits a copy electronically (electronic mail or facsimile) to the address last advised by one of them to the other. Where the notice is given or served electronically, the sending party must confirm receipt by some other means. The address for services of notice for a party is, in the case of the:

Escrow Agent

Physical address

Postal address

Phone number

Fax number

Email address Contractor

Physical address

Postal address

Phone number

Fax number Email address Principal

Physical address

Postal address

Phone number

Fax number

Email address or such other address as a party may notify to the other party in writing from time to time.

17.2 A notice or other communication is deemed to be received if: (a) delivered by hand, when the party who sent the notice holds a receipt for the notice signed by a person

employed at the physical address for service;

(b) sent by post from and to an address within Australia, after three (3) working days;

(c) sent by post from or to an address outside Australia, after ten (10) working days;

(d) sent by facsimile, at the time which the facsimile machine to which it has been sent records that the communication has been transmitted satisfactorily (or, if such time is outside normal business hours, at the time of resumption of normal business hours);

(e) sent by electronic mail, only in the event that the other party acknowledges receipt by any means; or

(f) sent by any other electronic means, only in the event that the other party acknowledges receipt by any means.AGREEMENTSCHEDULES61AGREEMENTSCHEDULES

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EXECUTED AS A DEED The Common Seal of [insert Escrow Agent’s name & ACN/ABN]




Print name Print name The Common Seal of [insert Contractor’s name & ACN/ABN]




Print name Print name Signed for and on behalf of [insert name of Principal]


in the presence of [insert name of witness not a party to this Deed]

Signature of Principal’s Representative Signature of Witness


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Escrow Agreement ATTACHMENT 1

Details of Escrow fees:

Deposit Fee: Storage Fee: Retrieval Fee: Release Fee: Collection Fee:

Escrow Agreement ATTACHMENT 2

Details of licensed software to be held in Escrow

Source Code:

Flow Charts: Diagrams: Listings: Escrow Agreement ATTACHMENT 3

Supporting materials

Insert details of support material relevant to the Licensed Software, for example: • technical documentation sufficient to allow a competent computer programmer to understand and

maintain the version of the software to which the documentation relates. • relevant maintenance tools and compilers and assemblers (if standard tools, description thereof will

suffice) and third party software utilities. • description of code generation. • description of third party software required for support and availability thereof. • identification of key personnel involved with the development of the software. • operational manuals, listings, flow charts etc. • details of machine/processor/system configuration.

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Schedule 12 – Variation Procedures 1. PROCEDURES 1.1 Each variation request or recommendation must be submitted in a form substantially similar to the form

attached to this Schedule. 1.2 For each variation request or recommendation submitted:

(a) the Government party must evaluate the request or recommendation and, as appropriate:

i. request further information; ii. provide an Agreement, Price and performance impact summary including

amendments to the terms of the Agreement; iii. notify recommendation to accept or rejection to the other party of the variation; iv. submit the variation to the Principal for its written approval.

(b) a sequential number to the variation must be allocated by the Parties;

(c) the variation must be logged and its progress documented by recording its status from time to

time by the Contractor as follows:

i. requested; ii. under evaluation; iii. awaiting authorisation; iv. cancelled; v. pending; vi. approved/authorised; vii. expired; viii. in progress; ix. applied; x. delivered; xi. accepted.

1.3 Time limits apply for Contract Variation evaluation and authorisation as follows:

(a) the Government party or Contractor (as appropriate) will respond to a Contract Variation request or recommendation by providing an evaluation in accordance with paragraph 1.2 of this Schedule within 10 working days of receipt of the request or recommendation; and

(b) the Contractor must act on the Contract Variation within 7 days of the Contract Variation being

approved and signed by the Parties. 1.4 Notwithstanding the foregoing, if after a variation has been approved and signed by both Parties, and

the Principal no longer wishes to proceed with the variation, the Principal must:

(a) notify the Contractor accordingly in writing; (b) pay the reasonable costs incurred by the Contractor incidental to implementing the Contract

Variation;

and the variation shall thereafter cease to have effect. The Parties shall continue to perform their obligations under the Agreement as if the variation request or recommendation had never been made.

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VARIATION REQUEST FORM Guide Note: If the proposed variation will vary the Agreement terms, specifications or any other documents forming part of the Agreement, draft amendments must be attached. Variation request no

Date proposed

Date of expiry of validity of variation request

Originator

Variation proposal: (full details of variation including specifications, document identification, and reason for Variation) Clauses affected by variation request: (Insert amendments to clauses in the Agreement, relevant Schedules including Service Level Agreement) (note that variations to the Agreement Clauses require the Principal’s approval) Impact of variation: (Contractor to advise) Effect on Charges

Manpower required

Effect of variation on performance

Effect on Documentation

Effect on training

Effect on users of system

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Any other matters which the parties require to be considered

The means of Implementing the variation: (Contractor to advise) Implementation plan and timetable: Personnel: The responsibilities of the Parties for implementing the variation

The date the variation is to be ready for Acceptance Testing

Charges payable to the Contractor by the Principal or as varied by variation

Payment Profile: (Charges to apply)

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THE AGREEMENT IS VARIED IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT VARIATION REQUEST The (Principal) hereby endorses its consent to this Variation. Signed by [name and position of person signing]

for and on behalf of the [insert name of Principal]

in the presence of

Signature of Principal’s representative Signature of Witness Signed by [name and position of person signing]

for and on behalf of the [insert name of Contractor]

in the presence of

Signature of Contractor Signature of Witness

Request No

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Schedule 13 – Risk Management FORMAT OF A RISK MANAGEMENT PLAN 1 Procurement context 1.1 Description of the procurement 1.2 Identify the procurement environment and stakeholders 1.3 Identify the risk criteria of the procurement 1.4 Plan the key stages of the procurement 2 Risk identification 2.1 Identify and schedule potential risks and their impacts 2.2 Risk analysis 2.3 Assess risk likelihood and consequences 2.4 Determine risk levels 3 Risk assessment 3.1 Undertake risk priority ranking 3.2 Determine risks to be accepted and monitored 3.3 Identify risks to be treated 4 Risk treatment 4.1 Evaluate and select risk treatment options 4.2 Prepare risk treatment plans and implementation strategies 5 Ongoing monitoring 5.1 Develop schedule for ongoing review68

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MODULE 01 HARDWARE ACQUISITION AND INSTALLATION

HARDWARE ACQUISITION AND INSTALLATION 1. INTERPRETATION 1.1 The terms and conditions included in this Module 1 form part of the Agreement and apply to the

supply of Hardware. 1.2 In this Module, unless the contrary intention appears: “Hardware” means the Product specified in the Agreement, and includes each individual item,

unit or component of Hardware (including firmware). “Integration” or “Integrate” in respect of the Hardware includes the implementation and

setting to work of the Hardware with or within the Principal’s system so that it is ready for use by the Principal.

“Warranty Period” means for Hardware, the first 365 days after the AAD or any greater period

specified in the Agreement Details. 1.3 Other capitalised words and expressions used in this Module are defined in Part 3 of the

Agreement. 2. DELIVERY AND INSTALLATION OF THE HARDWARE 2.1 If specified in the Agreement, the Contractor must install and demonstrate the use of the

Hardware in accordance with the Contract Specifications. 2.2 If specified in the Agreement, the Contractor must by the AAD for the Hardware, remove all

packing materials used for the delivery of the Hardware to the Site. 3. INTEGRATION AND TRAINING 3.1 The Contractor shall integrate the Hardware and provide training to the Principal as specified in

the Agreement. 4. WARRANTY PERIOD 4.1 The Contractor must promptly rectify any Defect that occurs during the Hardware Warranty

Period.

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ODULE 01 HARDWARE ACQUISITION AND INSTALLATION 5. CONTINUED AVAILABILITY OF HARDWARE 5.1 The Contractor warrants that, for a period of three years commencing on the AAD, it shall:

(a) continue to supply the Hardware and any associated firmware (including replacements, upgrades or attachments); or

(b) supply appropriate substitutes for the Hardware if for any reason it is no longer available.

5.2 The Contractor warrants that, for a period of three years commencing on the AAD, it will:

(a) continue to provide support and spare parts for the Hardware and any associated firmware, or any replacement, upgrade or substitute for the Hardware; and

(b) if specified in the Agreement, provide training and such other assistance reasonably required by the Principal to enable the Principal to continue to use and maintain the Hardware.

5.3 The Contractor must give a minimum of 6 months notice if after 3 years from the AAD of the

Hardware the Contractor intends to cease supplying spare parts for the Hardware, to allow the Principal to purchase spare parts to enable its continued use and maintenance of the Hardware.

2

© State of New South Wales and State of Queensland.

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MODULE 02 HARDWARE MAINTENANCE SERVICES

1. INTERPRETATION 1.1 The terms and conditions included in this Module 2 form part of the Agreement and apply to the

provision of Hardware Maintenance Services. 1.2 In this Module, unless the contrary intention appears: “Hardware” means the Product and associated firmware specified in the Agreement and

includes each individual item, unit or component of Hardware (including firmware). “Hardware Maintenance Services” means the Services specified in the Agreement in respect

of the Hardware and consists of all necessary Preventative Maintenance and/or Remedial Maintenance.

“Preventative Maintenance” means the Services required to be performed on a scheduled

basis to ensure the preservation of the Hardware in good operating condition. “Remedial Maintenance” means the Services required to be performed, whether on-site or

off-site, to restore the Hardware to a condition allowing performance in accordance with the Contract Specifications.

1.3 Other capitalised words and expressions used in this Module are defined in Part 3 of the

Agreement. 2. PERIOD OF SERVICES 2.1 The Hardware Maintenance Services must be provided for the period of the Agreement unless

the Agreement is terminated earlier in accordance with the provisions thereof. 2.2 In relation to Hardware purchased under the Agreement, the Commencement Date in respect

of the Hardware Maintenance Services shall not occur until the expiry of any relevant Hardware Warranty Period for that Hardware.

MAINTENANCE SERVICES 3. HARDWARE MAINTENANCE SERVICES 3.1 The Contractor must provide the Hardware Maintenance Services to a standard that ensures

continuity of performance of the Hardware in accordance with the Contract Specifications and/or any performance and availability requirements specified in the Service Level Agreement.

3.2 The Principal will co-operate with the Contractor by providing access to the Site and any other

facilities as reasonably necessary to enable the Contractor to provide the Hardware Maintenance Services to the required standard.

3.3 Without limiting any other rights of the Principal, the Contractor will promptly rectify any Defects

in the Hardware that occur as a result of the provision of the Hardware Maintenance Services during the Hardware Warranty Period.

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4. PREVENTATIVE MAINTENANCE 4.1 If Preventative Maintenance Services are specified in the Agreement, the Contractor must

ensure that the Preventative Maintenance:

(a) is carried out in accordance with a Preventative Maintenance schedule agreed between the Parties;

(b) is consistent with the Principal’s operating requirements and the Contract Specifications; and

(c) includes, as a minimum, preservation of the Hardware in good operating condition, problem detection, systems checks, replacement of unserviceable parts (excluding consumable items), cleaning and where possible lubrication, and adjustment of mechanical and electro-mechanical devices.

5. REMEDIAL MAINTENANCE 5.1 Where the Contractor is required to provide Remedial Maintenance Services, it must, after

being notified of a fault or possible fault in the Hardware, promptly restore the Hardware to good working order and shall, as necessary:

(a) replace or repair parts;

(b) comply with any response and rectification times specified in the Agreement or the Service Level Agreement;

(c) to the extent that it is practical, implement measures to minimise disruption to the Principal's operations during maintenance work and perform the Services at times likely to cause the least possible disruption to the Principal's business and in all cases only by prior arrangement with the Principal; and

comply with any other requirements specified in the Agreement or the Service Level Agreement.

6. SPARES, TEST EQUIPMENT AND DIAGNOSTIC ROUTINES 6.1 The Contractor may store Contractor’s Documentation, tools and test equipment at the Site as

required for the purposes of the Agreement. The Principal agrees not to use any such material without the Contractor's consent.

6.2 Where the Contractor replaces parts of the Hardware:

(a) the replacement parts must be new or warranted as new unless otherwise agreed by the Principal;

(b) the replacement parts become the property of the Principal on installation;

(c) the components that have been replaced become the property of the Contractor and the Contractor must comply with any directions given by the Principal concerning the protection of the Principal's Confidential Information; and

(d) the Principal must reimburse the Contractor any reasonable and substantiated costs incurred by the Contractor in complying with any directions given under clause 6.2 (c).

6.3 Interchange of parts between the Hardware and any other equipment for any purpose

whatsoever must not be carried out without the prior knowledge and consent of the Principal. 2 6.4 The replacement of any Hardware component does not modify nor vary any of the Contractor's

obligations under the Agreement. 6.5 In addition to any other rights the Principal has under the Agreement any Hardware component

that arrives damaged or fails to meet the Contract Specifications must be replaced by the Contractor at the Principal’s request if the Principal makes the request within 21 days of delivery to the Principal in accordance with the Agreement. The Hardware Warranty Period for any Hardware component will run from the time the replacement Hardware is delivered to the Principal.

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6.6 The Contractor must maintain up-to-date lists of significant spares, Documentation, tools, test

plant and engineering diagnostic routines required for the Hardware Maintenance Services and have sufficient replacement parts available to effect the Hardware Maintenance Services in accordance with the Agreement for the period thereof.

6.7 Diagnostic programs designed to check the correct functioning of specified units of Hardware

must be run according to the relevant manufacturer's specifications. 6.8 The Contractor warrants that it has all necessary facilities and equipment to perform the

Hardware Maintenance Services for the period of the Agreement. 7. ENGINEERING CHANGES 7.1 The Contractor must implement as part of the Hardware Maintenance Services engineering

changes and upgrades designed to improve the safety, performance or reliability of the Hardware and the Principal’s system described in the Agreement.

7.2 All engineering changes authorised by the manufacturer or supplier and:

(a) classified by the manufacturer or supplier as mandatory, must be included in the Hardware Maintenance Services and provided to the Principal at no additional cost; or

(b) classified by the manufacturer or supplier as discretionary, must be implemented as a Contract Variation.

7.3 The Contractor is not liable under this clause 7 for any costs incurred by the Principal, which

result directly from the Principal not implementing an engineering change, or upgrade offered to the Principal by the Contractor.

8. MODIFICATION OR ATTACHMENT OF ADDITIONAL EQUIPMENT 8.1 Where the Principal acquires additional equipment for attachment to or use in connection with

the Hardware maintained by the Contractor, the Contractor must provide all reasonable assistance and co-operation to the Principal and any alternative supplier in effecting the system interfaces involved.

9. REMOVAL OR SUBSTITUTION OF HARDWARE 9.1 The Principal may for any reason during the period of the Agreement:

(a) substitute an item of Hardware of the same or similar type to those covered by the Hardware Maintenance Services; or

(b) withdraw an item of Hardware from the Hardware Maintenance Services; by giving to the Contractor not less than 14 days Notice in Writing.

9.2 Where the Principal exercises its rights under clause 9.1, the Principal shall indemnify the

Contractor against all liabilities or expenses which the Contractor has reasonably and properly incurred as a result of the substitution or removal of the Hardware.

HARDWARE MAINTENANCE SERVICES 10. MOVEMENT OF HARDWARE 10.1 Subject to subclause 10.4, the Principal must give the Contractor at least 30 days Notice in

Writing of its intention to relocate from the Site any Hardware being maintained under the Agreement.

10.2 Charges for the Hardware Maintenance Services cease on the day the Hardware is

decommissioned for relocation and resume on the day following the recommissioning of the Hardware at the new location.

10.3 Where the Hardware is portable or may be moved without operational dislocation, the Principal

may move the Hardware without prior reference to the Contractor without any reduction of the Contractor's obligations under the Agreement. The Contractor is not responsible for any damage that occurs due to such movement. The Principal must inform the Contractor of the new location of the Hardware concerned.

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10.4 If the Hardware is not relocated by the Contractor then the Principal must inform the Contractor

of the new location of the Hardware and confirm that the operation of the Hardware conforms to the Contract Specifications.

10.5 If the Contractor dispatches any of the Hardware away from the Site for overhaul or repair then,

unless otherwise agreed between the Parties, the Contractor must bear all the costs, including those of packing, carriage and insurance that are incurred in the dispatch, overhaul, repair, return and reinstallation of the Hardware.

11. MAINTENANCE RECORDS 11.1 The Contractor must keep full records of its Hardware Maintenance Services and will provide

copies of those records to the Principal within four (4) days of a request.


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MODULE 03 LICENSED SOFTWARE

1. INTERPRETATION 1.1 The terms and conditions included in this Module 3 form part of the Agreement for the provision

of Licensed Software. 1.2 In this Module, unless the contrary intention appears: “Class” means the class of licence applicable to the Licensed Software specified in the

Agreement. “Designated Equipment” means the equipment specified in the Agreement upon which the

Licensed Software is installed. “Licence” means the licence granted by the Contractor to the Principal in respect of the

Licensed Software under the Agreement. “Licensed Software” means the software specified in the Agreement. “Licence Period” means the period of the Licence specified in the Agreement or if no period is

specified the Contractor grants to the Principal a perpetual, royalty-free licence to use the Licensed Software from the AAD in accordance with the Agreement.

“Software Support Services” means the Services the Contractor agrees to provide for the

Licensed Software, where Module 5 forms part of this Agreement. “Warranty Period” means for Licensed Software, the first 90 days after the AAD or any

greater period specified in the Agreement Details. 1.2 Other capitalised words and expressions used in this Module are defined in Part 3 of the

Agreement. 2. SCOPE OF LICENCE 2.1 The Contractor grants to the Principal a non-exclusive Licence of the Class specified in the

Agreement to use the Licensed Software on the Designated Equipment (if any) in machine-readable form together with the Documentation for the Licence Period.

2.2 Subject to clause 4.1(f) the Licence granted to the Principal is non transferable. CENSED SOFTWARE 3. CONTRACTOR’S RIGHTS IN THE LICENSED SOFTWARE 3.1 The Principal acknowledges that ownership in the Licensed Software does not pass to the

Principal and the Principal may use the Licensed Software only in accordance with the Agreement.

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3.2 The Principal agrees that it will not:

(a) use the Licensed Software contrary to the provisions of clauses 4, 6, or 12 of this Module; or

(b) do anything that would prejudice the Contractor's right, title or interest in the Licensed Software except in accordance with its rights under the Agreement.

4. LICENCE RIGHTS 4.1 Unless otherwise specified in the Agreement, the Contractor grants the Principal a non-

exclusive licence to:

(a) install the Licensed Software without affecting any applicable warranty provided by the Contractor under the Agreement;

(b) carry out Acceptance Tests in respect of the Licensed Software;

(c) use and adapt to the extent reasonably necessary and reproduce the Licensed Software to the extent permitted under the Copyright Act (Cth) 1968 (“the Act”), including but not limited to rights granted to the Principal under sections 47B(3) and sections 47C, 47D, 47E or 47F of the Act. Any provision which is inconsistent with any such subsection or section of the Act will be read down or otherwise deemed to be varied to the extent necessary to preserve the operation of such subsection, section or sections;

(d) use the Documentation supplied by the Contractor in support of the Principal 's use of the Licensed Software;

(e) make such number of copies of the Licensed Software as are reasonably required for:

(i) operational use, backup and security; or

(ii) in-house educational and training purposes; and

(f) transfer the Licence to another agency within the same tier of government as the Principal, subject to giving prior written notice to the Contractor and to the other agency consenting to the terms of the Agreement.

5. WARRANTY PERIOD 5.1 Without limiting any other rights of the Principal, the Contractor must promptly rectify any

Defect in the Licensed Software that occurs during the Warranty Period in accordance with clause 7.2 of Part 2 of the Agreement.

6. PROTECTION AND SECURITY OF THE LICENSED SOFTWARE 6.1 The Principal will:

(a) if and to the extent required by the Order, maintain records of the location of all copies of the Licensed Software;

(b) refrain from altering or removing a copyright statement or other notice of ownership of Intellectual Property rights which accompanies the Licensed Software; and

ensure that, prior to the disposal of any media, any Licensed Software contained on it has been erased or destroyed.

6.2 The Principal will upon reasonable written notice from the Contractor allow the Contractor to

make investigations in any reasonable manner to verify the Principal’s compliance with the Licence.

2 7. UPDATES AND NEW RELEASES 7.1 The Contractor must offer the Principal all Updates to and New Releases of the Licensed

Software during the Licence Period. The Contractor warrants that the Update or New Release is capable of providing the function and performance specified in the Contract Specifications

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7.2 The Contractor must provide training at the costs set out in the Order to enable the Principal

including its Personnel, to operate the Update or New Release on the Designated Equipment. 7.3 The Principal is to notify the Contractor if it rejects the offer by the Contractor, of an Update or

New Release. The Contractor must continue to maintain the version of the Licensed Software which the Principal is using until the expiry of 18 months (or such other period agreed in writing between the Parties) from the date of the formal rejection of the Update or New Release by the Principal provided that the Principal continues to possess a valid licence for that version of the Licensed Software.

7.4 If the Principal accepts the Update or New Release:

(a) the Contractor if requested by the Principal shall install an Update or New Release of the Licensed Software, co-ordinating and scheduling such installation with the Principal. The cost of such installation services (if any) will be on a Time and Materials basis;

(b) the Contract Specifications of the Licensed Software will be deemed to be amended to the extent that the specifications for the Update or New Release supersede the existing Contract Specifications;

(c) the Principal must upon request return to the Contractor all copies of the original Licensed Software or the part that has been superseded by the Update or New Release or otherwise deal with all such copies in accordance with the Contractor’s directions;

(d) the Contractor must offer to the Principal Updates for the Licensed Software including any enhancements or modifications to the Licensed Software as they become available at no additional charge;

(e) the Contractor must offer to the Principal New Releases for the Licensed Software including for any enhancements or modifications to the Licensed Software as they become available at no charge where the Contractor makes such New Releases generally available to other customers under similar circumstances at no charge; and where there is a charge, the charges shall be as specified in the Agreement;

(f) the Contractor must offer to the Principal any Updates or New Releases as they become available for Licensed Software during any Software Support Services that it provides to the Principal for the Licensed Software; and

(g) the Contractor must specify in the Agreement any additional software that it considers does not fall within an Update or New Release and which it intends to charge the Principal for during the period of the Agreement.DU3E 03

LICENSED SOFTWARE 8. CHANGE OF DESIGNATED EQUIPMENT 8.1 If use of the Licensed Software is specified in the Agreement to be restricted to use on

Designated Equipment, the Principal may:

(a) by way of Change Request, transfer the Licensed Software to alternative equipment of substantially the same purpose, capacity and performance standards; and

(b) use the Licensed Software on any back-up hardware while the Designated Equipment is for any reason temporarily inoperable.

8.2 If the Principal requires the Contractor to assist with the transfer of the Licensed Software, then

a Change Request is to be raised. 9. TERMINATION 9.1 The Principal may terminate the Licence for convenience by providing the Contractor with 30

days prior Notice in Writing of its intention to terminate the Licence, in which case no refund will be available.

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9.2 Unless earlier terminated in accordance with the Agreement or otherwise surrendered by the

Principal, the Licence remains in force for the duration of the Licence Period. 10. CONSEQUENCES OF TERMINATION OF LICENCE 10.1 If specified in the Agreement, the Principal will after termination of the Licence destroy or return

to the Contractor all copies of the Licensed Software and all related Documentation, save that the Principal may retain a copy of the Licensed Software and its related Documentation as may be reasonably required by the Principal to comply with any relevant Statutory Requirements.

10.2 The Principal 's obligation to make any payments under the Agreement for use of the Licensed

Software shall cease after the date of termination or revocation of the Licence. 11. NEW LICENCE 11.1 Where the Principal wishes to terminate the Licence and

(a) convert to a different Class of Licence that is offered by the Contractor in respect of the Licensed Software; and

(b) the Contract Price agreed for the new Licence is equal to or greater than the Contract Price that applies to the terminated Licence; the Parties will establish a new Contract and the Contractor shall allow the Principal to set-off against the new Licence the amount that is payable for the balance of the Licence Period by the Principal in respect of the new Licence, an amount that, on a pro-rata basis, is attributable to the balance of the Licence Period.

12. REVERSE ENGINEERING 12.1 Subject to the Agreement, the Principal shall not, in contravention of the Copyright Act 1968

(Cth), reverse assemble or reverse compile the Licensed Software in whole or in part.

© State of New South Wales and State of Queensland. 4

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MODULE 04 DEVELOPMENT SERVICES

1. INTERPRETATION 1.1.1 The terms and conditions included in this Module form part of the Agreement and apply for the

provision of Development Services. 1.2 In this Module, unless the contrary intention appears: “Data Dictionary” means a reference tool that describes each data item that may include field

names, number of characters, data type, number of decimal places, or a description of the purpose of each field of data.

“Designated Operating Environment” means the particular operating environment specified

in the Agreement in which the Software Solution is designed to be used. “Design Specification” means the specification to be provided in accordance with clause 7. “Development Services” means the Services specified in the Agreement and provided by the

Contractor to develop the Software Solution. “Quality Assurance” means a set of processes and procedures used to ensure that the

Software Solution meets specified criteria with respect to quality. “Software Solution” means the software solution or Product specified in the Agreement to be

created by the Contractor for the Principal. “Software Support Services” means the Services the Contractor agrees to provide for the

Software Solution, where Module 5 forms part of this Agreement. “User” means a person who may use the Products and/or Services for the purpose of

performing their work. “Warranty Period” means for the Software Solution, the first 365 days after the AAD or any

greater period specified in the Agreement Details. 1.2 Other capitalised words and expressions used in this Module are contained in Part 3 of the

Agreement. 2. PERIOD OF SERVICES 2.1 The Development Services must be provided for the period of the Agreement unless the

Agreement is earlier terminated in accordance with the provisions thereof. 3. DEVELOPMENT SERVICES 3.1 The Contractor must provide the Development Services in accordance with the Agreement.

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4. IMPLEMENTATION PLANNING STUDY 4.1 The Contractor shall prepare an implementation planning study in accordance with clause 11.6

of Part 2 of the Agreement. 5 PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) 5.1 The Contractor must prior to performing the Development Services prepare a PIPP for the

approval of the Principal, which when approved will form part of the Contract Specifications. 5.2 Without limiting the effect of clause 5.1, the Contractor must perform the Development Services

at the times and in the manner set out in the PIPP. 5.3 A Party may periodically review the PIPP. A Party must not unreasonably refuse a Change

Request for an adjustment to the PIPP. 6. SCOPE AND INCLUSIONS 6.1 The Contractor must in accordance with the PIPP implement all activities set out in the PIPP

for the performance of the Development Services and perform any other Services specified in the Agreement.

6.2 The PIPP for the Development Services may include but is not limited to the following Stages:

(a) assessment and definition of the:

(i) Principal’s existing system or the Designated Operating Environment, if necessary;

(ii) Principal’s goals, requirements and expectations in respect of the Software Solution which shall include a statement of:

(A) the Contractor’s understanding of the Principal’s and/or User’s experience and requirements in relation to the Software Solution;

(B) the objectives to be met by the Contractor; and

(C) the scope of the Software Solution;

(iii) required Deliverables;

(iv) resources required (including any resources to be made available by the Principal); and

(v) complexity of the project;

(b) a feasibility study in which the Contractor makes the determination (and includes any appropriate recommendations) as to whether the Contractor’s Development Services proposals are capable of meeting Principal and/or User’s needs and expectations taking into account budgetary, operational, technical and time considerations;

(c) development of a strategy for the creation of the Software Solution that is appropriate for the Principal’s needs and its User population covering all appropriate planning and timetabling issues associated with the Development Services including:

(i) identification of the Services to be performed;

(ii) identification and procurement of necessary Products;

(iii) allocation of responsibilities within each Party’s organisation;

(iv) staging of the project;

(v) development of a Milestones and payment schedule; and

(vi) implementation of the Services;

(d) Development of a Design Specification for the Software Solution which shall be completed and approved in accordance with clause 7;

(e) Development of the Software Solution (including prototyping if applicable) in accordance with the methodology in clause 8;

(f) Testing and acceptance of the Software Solution in accordance with clause 10.5 of Part 2 of the Agreement.

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7. DESIGN SPECIFICATION 7.1 The Contractor must prepare a written Design Specification for the Software Solution by the

date specified in the PIPP. 7.2 The Contractor agrees that the Design Specification for the Software Solution must:

(a) be based on and be consistent with the Contract Specifications; and

(b) enable the Software Solution to be installed in the Designated Operating Environment.

7.3 The Design Specification must provide a detailed technical explanation of how the Software

Solution will provide the functions specified in the Contract Specifications, including, as applicable, details of processes, visual displays, screen layouts, system flowcharts, user interfaces, data flow diagrams, estimates of transaction and data volumes, prototypes and any associated Data Dictionary.

7.4 The Contractor must keep the Principal informed at all stages while the Design Specification is

being prepared so that the Principal will have a reasonable knowledge of the content of the Design Specification by the time the Design Specification is delivered by the Contractor for approval.

7.5 If the Principal has any objection to the Design Specification provided by the Contractor it must

notify the Contractor promptly of any alterations it reasonably requires. The Contractor must not unreasonably refuse to amend the Design Specification to take account of the Principal's reasonable requirements.

7.6 The Design Specification will, when approved by the Principal become part of the Contract

Specifications. 7.7 The Contractor acknowledges that the Principal is relying on the Contractor's expertise in

preparing the Design Specification. 8. METHODOLOGY 8.1 The Contractor’s methodology for the development of the Software Solution must as a

minimum:

(a) identify and control software components of, and changes to, the Software Solution to maintain the integrity and traceability of the Software Solution at all stages of the development;

(b) ensure concurrent control, development and supply of Documentation relating to the Software Solution;

(c) control the issue of development revisions of the Software Solution and associated Documentation;

(d) identify the extent of the performance of the Contractor in accordance with the Contract Specifications;

(e) ensure that the Software Solution is developed and documented in a way which would enable future modification without further reference to the Contractor;

(f) reference and document procedures for corrective action in respect of the Software Solution and associated Documentation prior to acceptance including:

(i) adoption of a system to report problems and deficiencies;

(ii) examination of problem and deficiency reports to determine their causes, and to prepare corrective measures;

(iii) analysis of deficiency trends, to ensure the Software Solution conforms to the Contract Specifications;

(iv) review of corrective measures, to determine their effectiveness; and

(v) provision for ensuring that timely corrective action is taken by reviewing deficiencies and tracking their clearance;

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(g) include a Quality Assurance and reporting program that is carried out through each stage of the design and development of the Software Solution and involves continually monitoring and assessing the quality of the Software Solution against criteria set out in the Contract Specifications; and

(h) adhere to any other requirements specified in the Agreement.

9. SOURCE CODE 9.1 Where the Agreement states that ownership of the Software Solution is to be retained by the

Contractor, the Contractor agrees to enter into an escrow arrangement, at the request and expense of the Principal, substantially in the form specified in Schedule 11, unless it is expressly stated in the Agreement that the source code is not to be placed in escrow.

9.2 Where the Agreement states that ownership of the Software Solution is to pass to the Principal,

the Contractor must deliver or ensure the delivery of:

(a) the Software Solution source code suitable for compilation together with Documentation to enable the Principal to amend the source code if necessary; and

(b) if specified in the Agreement, all source code for software tools used in the development of the Software Solution where such software tools are required for the Principal to operate and support the Software Solution.

9.3 The source code must be provided in a format and on a medium, which is suitable for

compilation and use in the Designated Operating Environment. DEVELOPMENT SERVICESICES 9.4 Interim copies of the source code must be delivered by the Contractor to the Principal at the

times specified in the PIPP or at any time upon request by the Principal. 9.5 The Contractor agrees to inform the Principal as to the purpose and use of the software tools,

object libraries or other devices or methodologies owned by the Contractor or any other party, in the production of the Software Solution.

9.6 If the software tools, object libraries or other devices or methodologies are required to maintain

or enhance the Software Solution, the Contractor must at the Principal’s request grant a licence, as specified in the Agreement, to the Principal to use those devices for the purpose of maintaining and enhancing the Software Solution.

10. USE PRIOR TO ACCEPTANCE 10.1 The Principal may not use the Software Solution for its business purposes without prior

notification to and consent of the Contractor prior to completion of Acceptance Tests. 11. WARRANTY PERIOD FOR THE SOFTWARE SOLUTION 11.1 The Contractor will promptly rectify any Defect in the Software Solution that occurs during the

Warranty Period. 12. UPDATES AND NEW RELEASES 12.1 The Contractor must make as they become available Updates and New Releases for

Developed Software for the costs (if any) specified in the Agreement. Where there is a cost, the charges shall be on a Time and Materials basis.

12.2 The Contractor if requested by the Principal shall install an Update or New Release of the

Developed Software, coordinating and scheduling such installation with the Principal. The cost of such installation services (if any) will be on a Time and Materials basis.

12.3 If requested to do so by the Principal, the Contractor must:

(a) demonstrate the extent to which the Update or New Release is capable of providing the function and performance specified in the Contract Specifications; and

(b) provide training at the costs set out in the Agreement to enable the Principal including its Personnel, to operate the Update or New Release on the Designated Equipment.

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12.4 The Principal is not obliged to accept an Update or New Release offered by the Contractor

pursuant to this clause 12. 12.5 The Principal is to notify the Contractor if it rejects the offer by the Contractor of an Update or

New Release. The Contractor must continue to maintain the version of the Developed Software which the Principal is using until the expiry of 18 months (or such other period agreed in writing between the Parties) from the date of the formal rejection of the Update or New Release by the Principal.

12.6 If the Principal accepts the Update or New Release:

(a) the Contractor must deliver and if required by the Principal install the Update or New Release at no additional charge to the Principal;

(b) the Contract Specifications will be deemed to be amended to the extent that the specifications for the Update or New Release supersede the existing Contract Specifications.

12.7 The Contractor shall provide any Updates or New Releases as they become available for Developed Software during any Software Support Services that it provides to the Principal.

13. CONTRACTOR’S WARRANTIES 13.1 The Contractor warrants that it will comply with all licensing terms and conditions regulating the

use of any software or development tools in providing the Development Services. 13.2 Where the ownership of the Software Solution passes to the Principal, the Contractor warrants

that it will:

(a) neither permit or tolerate the making of any copies of the Software Solution without first obtaining the Principal’s consent;

(b) institute measures within the Contractor’s organisation to prevent the making or use of unauthorised copies of the Software Solution which must include detection measures to verify compliance and appropriate disciplinary action against the Contractors’ Personnel for the contravention of these measures; and

(c) inform its Personnel of their legal responsibilities in relation to the protection and use of the Software Solution.


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MODULE 05 SOFTWARE SUPPORT SERVICES

1. INTERPRETATION 1.1 The terms and conditions included in this Module form part of the Agreement and apply for the

provision of Software Support Services. 1.2 In this Module, unless the contrary intention appears: “Designated Equipment” means the equipment specified in the Agreement upon which the

Supported Software is to be installed and/or used. “Problem Log” means a brief description of a Defect in a chronological record. “Service Levels” means the performance metrics, indicators and adjustments for the Software

Support Services specified in the Service Level Agreement. “Software Support Services” means the Services specified in the Agreement that the

Contractor agrees to provide in respect of the Supported Software. “Supported Software” means the software specified in the Agreement to be supported by the

Contractor including any Updates, New Releases, modifications, enhancements and any material relating to the Supported Software such as, but not limited to, Documentation, flow charts, logic diagrams and listings.

“Support Service Fees” means the fees payable to the Contractor for supplying the Support

Services to the Principal’s Site(s) specified in the Agreement, which may be on a monthly, quarterly or yearly basis or any other term that is specified in the Agreement.

“Work-around Solution” means the workaround solution proposed by the Contractor as an

interim procedure or alternative that will enable the Principal to continue operations until a Defect has been corrected.


Agreement. 2. PERIOD OF SERVICES 2.1 The Software Support Services must be provided for the period of the Agreement unless earlier

terminated in accordance with the provisions thereof. The Software Support Services shall commence at the expiry of the relevant Warranty Period for the Supported Software unless otherwise stipulated to the contrary in the Agreement. Defect correction and the implementation of Updates and New Releases will be provided free of charge during the Warranty Period unless otherwise specified in the Agreement.

SUPPORT SERVICES 3. SOFTWARE SUPPORT SERVICES 3.1 The Contractor must provide the Software Support Services in accordance with the Agreement.

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3.2 The Contractor agrees that the Software Support Services must as a minimum ensure that the:

(a) Supported Software conform to and perform in accordance with the Contract Specifications;

(b) Supported Software performs in accordance with the Service Levels; and

(c) Documentation is provided in accordance with the Agreement. 3.3 Software Support Services do not include correction of:

(a) Defects or errors caused by the operation of the Supported Software or the Designated Equipment in a manner contrary to the Contract Specifications;

(b) Defects of errors caused by modifications or alterations of the Supported Software not authorised by the Contractor;

(c) Defects or errors caused by equipment maintenance not provided by the Contractor;

(d) Defects of errors caused by computer programs other than the Supported Software; and

(e) Data Correction. 3.4 Any additional services provided that are not included in Software Support Services supplied

by the Contractor may be supplied on a Time and Materials basis. 4. PRINCIPAL’S OBLIGATIONS 4.1 The Principal must, if practicable, provide the Contractor with:

(a) access to the Principal’s premises during normal working hours or as otherwise agreed as is necessary for the Contractor to supply the Software Support Services; and

(b) information, in the Principal’s possession or control that the Contractor reasonably requires to supply Software Support Services.

5. DEFECTS 5.1 If the Principal identifies and notifies the Contractor of a Defect in the Supported Software

during the period of the Agreement, the Contractor will as soon as possible (and, where relevant, within the Service Levels) remedy the defect.

5.2 To remedy the Defect, the Contractor shall, before the response times and/or resolution times

referred to in the Service Levels have expired, take such measures as are appropriate in all the circumstances (including a Work-around Solution) to enable the Principal to continue to productively use the Supported Software.

5.3 All Software Support Services carried out or supplied by the Contractor pursuant to clause 3.1

are warranted to the same extent as the Supported Software from the date the work was completed or the part was replaced as the case may be.

6. DEFECT LOGGING 6.1 On receipt of notice of a Defect by the Principal under clause 5.1, the Contractor must assign

an identification number to the Defect, which will be used by the Parties to identify the Defect. 6.2 The Contractor must maintain an accurate Problem Log for the period of the Software Support

Services of all reported Defects and provide the Principal with a call tracking number for problem identification and follow-up.

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7. SERVICE LEVELS 7.1 If the Contractor does not achieve the required minimum Service Levels, then the Principal

shall be entitled to any performance rebates specified in the Service Level Agreement or the Agreement.

7.2 The Principal may conduct a review of the Service Levels targets on an annual basis or as

otherwise agreed by the Parties in writing during the Agreement. The Contractor must not unreasonably refuse to agree to a Change Request to the Service Levels.

8. TRANSITION 8.1 On termination and/or expiry of the Support Services, the Contractor must render any

reasonable assistance to the Principal on the same terms as the Agreement to the extent necessary to effect an orderly assumption by a replacement contractor of the performance of the Contractor's obligations under the Agreement.


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MODULE 06 IT PERSONNEL

1. INTERPRETATION 1.1 The terms and conditions included in this Module form part of the Agreement and apply for the

provision of IT Personnel Services. 1.2 In this Module, unless the contrary intention appears:

“IT Personnel” means IT personnel supplied by the Contractor.

“IT Personnel Services” means the service of providing IT Personnel by the Contractor, as specified in the Agreement.

1.3 Other capitalised words and expressions used in this Module are contained in Part 3 of the

Agreement. 2. ENGAGEMENT 2.1 The Contractor agrees to supply IT Personnel Services to the Principal in accordance with the

Agreement. 3. IT PERSONNEL SERVICES 3.1 The Contractor shall supply suitably qualified IT Personnel to perform the Services required by

the Principal. The Contractor is responsible for ensuring the suitability and capability of any IT Personnel.

3.2 The Contractor shall ensure that all IT Personnel comply with any directions of the Principal as

to the nature and scope of the Services, including working during normal working hours of the Principal, unless otherwise notified by the Principal.

4 SALARIES AND WAGES 4.1 The Contractor undertakes to comply with all legislative, regulatory and other government

requirements for itself and any IT Personnel, including in relation to workers compensation, payroll tax, income tax, fringe benefits tax, PAYG tax, group tax, superannuation contributions, annual leave, long service leave and sick leave, and the Contractor acknowledges that it is solely responsible for these obligations.

4.2 The Contractor agrees to indemnify the Principal in relation to all expenses relating to the

employment of any IT Personnel. 4.3 The Contractor agrees that the IT Personnel supplied by the Contractor to the Principal will not

be taken to be nor will they represent that they are, the employees, officers and/or agents of the Principal.

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5. VARIATION OF SERVICES 5.1 The Principal may request a variation within the general scope of the Services to be performed

by the IT Personnel by way of a Change Request. 6. PERIOD OF SERVICES 6.1 The Contractor warrants that the IT Personnel shall provide the Services for the period

specified in the Agreement unless terminated earlier in accordance with clause 14. 7. PRICE 7.1 In respect of the supply of IT Personnel Services by the Contractor, the applicable hourly rate

(Rates) of the IT Personnel shall be set out in Schedule 3 or otherwise as specified in the Agreement.

8. CORRECTLY RENDERED INVOICE 8.1 For the performance of Services the Contractor shall provide to the Principal a Correctly

Rendered Invoice that:

(a) states the applicable Order number, identifies the Services performed, the name of any IT Personnel involved, and hours worked by the IT Personnel; and

(b) is supported by records of time spent by the IT Personnel performing the Services. 8.2 Payment of the Price for the supply of the IT Personnel shall be subject to the satisfactory

performance of the IT Personnel of the Services in accordance with the Agreement, the failure of which may be disputed by the Principal in accordance with clause 12.2.4, Part 2 of the Agreement.

8.3 The Principal shall pay the amount due to the Contractor within 30 days of receipt of a

Correctly Rendered Invoice. 9. INTERESTS OF THE PRINCIPAL 9.1 The Contractor must ensure that the IT Personnel supplied to perform the Services shall use

their best endeavours to promote the interests and welfare of the Principal. 10. PRINCIPAL’S OBLIGATIONS 10.1 The Principal shall, where relevant, ensure that the IT Personnel have full and safe access to

the Principal’s premises, a safe system of work and any necessary equipment, materials and information to provide the Services.

11 DISCLOSURE BY CONTRACTOR 11.1 The Contractor shall promptly disclose in writing to the Principal any matters materially

affecting the IT Personnel’s ability to perform any of its obligations under the Agreement, including:

(a) the existence of any breach or default or alleged breach or default of any agreement, order or award binding upon the Contractor; and

(b) matters relating to the commercial, technical or financial capacity of the Contractor or of any IT Personnel.

12. CONFIDENTIALITY 12.1 The Contractor shall take all reasonable steps to ensure that the IT Personnel do not make

public or disclose the Principal’s Confidential Information or use such Confidential Information other than for the purposes of performing the Services.

12.2 The Principal may at any time notify the Contractor to require any IT Personnel to execute a

Deed of Confidentiality substantially in the form of Schedule 9 of the Agreement relating to the Principal’s Confidential Information.

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12.3 The Contractor shall agree for such a Deed of Confidentiality to be executed promptly, except where:

a) it can shown to the Principal's satisfaction that the Contractor has entered into deeds of employment with the IT Personnel which include substantially the same confidentiality arrangements as contained in Schedule 9 of the Agreement; and

b) the Contractor has delivered to the Principal a copy of the relevant deeds of employment binding the IT Personnel.

13. INDEMNITY 13.1 The Contractor will be liable in respect of, and indemnifies, and shall keep indemnified, the

Principal and its officers, employees and agents against any claim, loss or expense (including a claim, loss or expense arising out of personal injury or death or damage to property) which any of them pays, suffers, incurs or is liable for (including legal costs on a solicitor and client basis) (together “the loss”) as a result of:

(a) any breach by the IT Personnel of the Deeds of Confidentiality required by the Principal to be entered into by the IT Personnel;

(b) any proceedings brought by the Contractor or any IT Personnel for the purpose of changing the Contractor’s or the IT Personnel’s status to that of employee of the Principal; and

(c) any proceedings brought by any IT Personnel against the Principal related to the termination of the Services.

14. TERMINATION 14.1 The Principal may instruct the Contractor to terminate the supply of IT Personnel Services by

the Contractor by giving 5 business days Notice in Writing to the Contractor (Notice Period). 14.2 Notwithstanding any other provision in the Agreement, the Contractor acknowledges and

agrees that the Principal’s obligations to make any payments under the Agreement for the provision of the IT Personnel or any associated costs related to the provision of the IT Personnel Services shall cease after expiry of the above Notice Period.


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MODULE 07 PROFESSIONAL SERVICES

1 INTERPRETATION 1.1 The terms and conditions included in this Module form part of the Agreement and apply for the

provision of Professional Services. 1.2 In this Module, unless the contrary intention appears:

“Professional Services” means the Services specified in the Agreement to be supplied by the Contractor to the Principal.


Agreement. 2. PERIOD OF SERVICES 2.1 The Professional Services shall be provided for the period of the Agreement. 3. PROFESSIONAL SERVICES 3.1 The Contractor must provide the Professional Services in accordance with the Agreement. 3.2 Unless otherwise specified in the Agreement and in addition to the requirements of clause 9.2,

Part 2 of the Agreement, the Contractor must ensure that the Specified Personnel must not, during the period of the Professional Services, be engaged on any work other than the Professional Services, without the consent of the Principal.

4. PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) 4.1 If specified in the Agreement, the Parties must complete a Project, Implementation and

Payment Plan (PIPP) for the approval of the Principal, which when approved shall form part of the Contract Specifications.

4.2 Without limiting the effect of clause 3.1, the Contractor must perform the Professional Services

at the times and in the manner set out in the PIPP. 4.3 A Party may periodically review the PIPP. A Party must not unreasonably refuse a Change

Request for an adjustment to the PIPP.


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MODULE 08 DATA MANAGEMENT

1. INTERPRETATION 1.1 The terms and conditions included in this Module 8 form part of the Agreement and apply for

the provision of Data Management Services. 1.2 In this Module, unless the contrary intention appears:

“Data Cleansing” means the Data Management Services set out in clause 5.

“Data Conversion and Migration” means the Data Management Services set out in clause 7.

“Data Management Services” mean the Services specified in the Agreement to be provided by the Contractor to the Principal in respect of the Principal’s Data, which includes Data Cleansing, Data Conversion and Migration and Data Warehousing.

“Data Migration Software” means the software created or procured for the purposes of clause 7.2(d).

“Data Warehouse” means an enterprise-wide framework for managing informational data within an organisation.

“Data Warehousing” means the management of informational data and includes the Data Management Services specified in clause 10.

“Principal’s Data” means the data specified in the Agreement. 1.3 Other capitalised words and expressions used in this Module are defined in Part 3 of the

Agreement. 2. PERIOD OF SERVICES 2.1 The Data Management Services shall be provided for the period of the Agreement unless

terminated earlier in accordance with the provisions of the Agreement. 3. DATA MANAGEMENT SERVICES 3.1 The Contractor must provide the Data Management Services specified in the Agreement in

accordance with the Contract Specifications and any Service Level Agreement. 4. PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) 4.1 The Contractor, in consultation with the Principal shall, prior to performing the Data

Management Services, prepare a PIPP for the approval of the Principal, which when approved shall form part of the Contract Specifications.

4.2 Without limiting the effect of clause 3.1, the Contractor shall perform the Data Management

Services at the times and in the manner set out in the PIPP.

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4.3 A Party may periodically review the PIPP. A Party must not unreasonably refuse a Change Request for an adjustment to the PIPP.

5. DATA CLEANSING 5.1 If the Agreement states that Data Cleansing is to be performed by the Contractor, the

Contractor must achieve an agreed level of accuracy and consistency as specified in the Contract Specifications for the Principal’s Data by:

(a) eliminating duplicate records;

(b) correcting misspellings and errors;

(c) ensuring that there are consistent descriptions, punctuation, and syntax; and

(d) resolving any other accuracy, omission and consistency issues in relation to the content specified in the Agreement as the Contractor’s responsibility.

5.2 If specified in the Agreement, the Contractor must conduct an analysis of the Principal’s Data

and provide to the Principal such other report specified in the Agreement which may include a report of the trends within the Principal’s business, industry, and client base.

5.3 The Principal shall perform its responsibilities or tasks related to the Data Cleansing in

accordance with the Agreement. 6. PRINCIPAL’S DATA FOR MIGRATION 6.1 If specified in the Agreement, the Principal must subject to clause 7.2(c) by the date and in the

manner specified in the PIPP, extract and provide the Principal’s Data to the Contractor for Data Migration and Conversion.

6.2 In addition to any other rights which the Contractor has or may accrue, the Contractor is not

liable for any delays occasioned by the Principal failing to meet its obligations under clause 6.1. 7. DATA CONVERSION AND MIGRATION 7.1 Data Conversion and Migration performed by the Contractor must be performed in accordance

with the PIPP, be consistent with the Contract Specifications, and includes:

(a) implementation of all activities set out in the PIPP for the conversion and migration of the Principal’s Data;

(b) performance of any other Services specified in the Agreement;

(c) all such other things within the parties agreed roles and responsibilities under the Agreement necessary to ensure the successful conversion and migration of the Principal’s Data.

7.2 The PIPP for Data Conversion and Migration may include the following Stages:


(i) Principal’s existing System;

(ii) Principal’s Data migration goals;

(iii) required Deliverables; and

(iv) the complexity of the project, user experience and requirements.

(b) development of a Data Conversion and Migration strategy that is appropriate for the Principal’s needs and its user population covering all appropriate planning and timetabling issues associated with the Data Conversion and Migration including:




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(vi) implementation of the Services.

(c) preparation/pre-migration which may include recovering data, designing extraction and functional specifications, and developing contingency arrangements should the migration of the Principal’s Data not be successful;

(d) procurement or design and development of relevant software and systems to effect the Data Conversion and Migration. Orders for the licences and development work for this Stage are to be placed under Module 3 (Licensed Software), or Module 4 (Development Services) as the project requires;

(e) migration including installation of the migrated data including as applicable development of associated Documentation and training of users; and

(f) Testing and acceptance of the migrated data in accordance with clause 10.5, Part 2 of the Agreement to ensure that the conversion and migration of the Principal’s Data has been successful.

8. CONTRACTOR’S TOOLS AND METHODOLOGIES 8.1 Where the Data Migration Software has been produced using software tools, object libraries or

other devices or methodologies owned by the Contractor or any other party, the Contractor shall inform the Principal as to the nature and use of those devices in the production of the Data Migration Software.

8.2 Where the tools, object libraries or other devices or methodologies are required to maintain or

enhance the Data Migration Software, if required by the Principal and specified in the Agreement, the Contractor shall provide the Principal with a licence, to use those devices for the purpose of maintaining and enhancing the Data Migration Software.

9. MIGRATED DATA WARRANTY 9.1 Subject to clause 9.2, the Contractor warrants that at the AAD for the Data Management

Services, the Principal's Data, when fully migrated, will accurately reflect the data that existed prior to migration. The Contractor is not responsible for any errors or omissions that are contained in the Principal’s Data that it is not required to correct in the Data Management Services.

9.2 In the event that the Principal’s Data is amended or otherwise edited or enhanced by the

Contractor in the course of and as part of the Data Management Services, the Contractor warrants that the Principal’s Data when migrated in accordance with the Agreement complies with the Contract Specifications.

9.3 Unless the Parties agree otherwise, the Contractor must perform the Data Management

Services in accordance with clause 3. 10. DATA WAREHOUSING 10.1 The Contractor must perform Data Warehousing in accordance with the PIPP and implement

all activities set out in the PIPP for the establishment of a Data Warehouse and subject to clause 10.3(e), manage the Data Warehouse so established.

3 10.2 The Contractor shall, unless otherwise specified in the Agreement, ensure that the Data

Warehouse:

(a) provides a consolidated view of the Principal’s enterprise data;

(b) promotes data integration between people, applications, and processes in a way which:

(i) ensures access to all of the Principal’s enterprise data, including legacy and relational data sources;

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(ii) enables data and information to be extracted from various production data sources either as they are generated or in periodic stages, as specified in the Contract Specifications;

(iii) ensures that the Principal’s Data can be delivered to anyone in the Principal’s organisation anytime and anywhere or as otherwise specified in the Contract Specifications;

(c) simplifies, cleanses, and enriches the Principal’s Data producing high-quality information to meet all Principal organisational reporting requirements for all levels of users;

(d) is specifically structured for dynamic queries, facilitates analytical processing and encourages widespread ad hoc reporting;

(e) enables the Principal to run efficient queries over data that originally came from different sources;

(f) improves query performance and response times;

(g) significantly reduces the expenses incurred by the Principal per query;

(h) reduces data processing from the Principal’s operational environment; and

(i) performs any other function specified in the Contract Specifications and the Agreement.

10.3 The PIPP for Data Warehousing may include the following Stages:


(i) Principal’s existing System;

(ii) Principal’s Data Warehousing goals;

(iii) required Deliverables; and

(iv) the complexity of the project, user experience and requirements.

(b) development of a Data Warehousing strategy that is appropriate for the Principal’s needs and its user population covering all appropriate planning and timetabling issues associated with the Data Warehousing including:






(vi) implementation of the Services.

(c) Design, and development of the Data Warehouse architecture (if applicable including prototyping) under Module 4 (Development Services) representing the overall structure of the data, communication, processing and presentation of the data that is required for end-user computing within the Principal’s organisation.

(d) Testing and acceptance of the Data Warehouse in accordance with clause 10.5, Part 2 of the Agreement; and

(e) if specified in the Agreement, management of the Data Warehouse.

MODULE 08


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MODULE 09 TELECOMMUNICATIONS SERVICES

1. INTERPRETATION 1.1 The terms and conditions included in this Module 9 form part of the Agreement and apply for the

provision of Telecommunications Services. 1.2 In this Module 9, unless the contrary intention appears: “Back Billing Period” means a period of 90 days from the date that charges are incurred by the

Principal except where a greater period is approved by the Principal and specified in the Agreement. “Contractor Software” means all software:

(a) in which the Intellectual Property rights are owned by the Contractor prior to their use in performing the Telecommunications Services;

(b) which are developed by or for the Contractor independently of the Agreement;

(c) which the Contractor can reasonably demonstrate was developed at its or their sole cost; or

(d) in which the Intellectual Property rights are owned by a third party and used by the Contractor and/or any of its subcontractors under licence.

“Contractor Tools and Methodologies” means all methodologies, tools, ideas, processes, reports,

concepts, techniques and other material used by or for the Contractor in performing the Telecommunications Services:

(a) in which the Intellectual Property rights are owned by the Contractor, its subcontractors or any other third party prior to their use in performing the Telecommunications Services; or

(b) which are developed by or for the Contractor, its subcontractors or any other third party independently of the Agreement.

“Event” means, in the context of this Module 9 of the Agreement, a circumstance beyond the

reasonable control of a Party that results in that Party being unable to perform an obligation on time. An Event is limited to:

(a) natural events such as fire, flood or earthquake; or

(b) national emergency or war,

and does not include:

(c) events such as cable cuts; or

(d) acts of terrorism or cyberterrorism in circumstances where the security obligations of the Contractor are required to protect against such attacks.

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“Network Boundary” has the meaning given to it in section 22(4) of the Telecommunications Act 1997

(Cth), excluding equipment dedicated to providing the Telecommunications Services to the Principal and situated on the premises of the Principal (such as dedicated switches and routers) provided that nothing in the Agreement causes the definition of network boundary to be altered by agreement between the Parties in accordance with section 22(6) of the Telecommunications Act 1997 (Cth).

“Service Levels” means the performance metrics, indicators and adjustments for the

Telecommunications Services specified in the Service Level Agreement. “Standard Form of Agreement” means the Contractor’s standard form of agreement formulated for

the purposes of section 479 of the Telecommunications Act (Cth). “Telecommunication Services” means those telecommunication services identified in the Agreement,

and more fully described in the catalogue of Services set out in Schedule 3. “Transition-In Plan” has the meaning given to it by clause 15.1 of this Module 9. “Transition-In Services” has the meaning given to it by clause 15.1 of this Module 9. “Transition-Out Plan” has the meaning given to it by clause 16.5 of this Module 9. “Transition-Out Services” has the meaning given to it by clause 16.2 of this Module 9. “User” means a user authorised by the Principal to use the Telecommunication Services. 1.3 Definitions of other capitalised words and expressions used in this Module and not defined in clause 1.2

are contained in Part 3 of the Agreement. 2. PERIOD OF SERVICES 2.1 The Telecommunication Services shall be provided for the period specified in the Agreement Details

unless terminated earlier in accordance with the Agreement. 3. TELECOMMUNICATION SERVICES 3.1 The Telecommunications Services shall be provided at the Sites or via the links specified in the

Agreement. 3.2 The Contractor shall provide the Telecommunication Services with sufficient capacity, availability and

quality during the period specified in the Agreement Details in accordance with the requirements of the Service Level Agreement and the Contract Specifications.

3.3 The Contractor must monitor Telecommunication Services at all times to ensure availability to the

Principal in accordance with the Service Levels. 3.4 If requested by the Principal, the Contractor shall provide the Principal with relevant information in

relation to Product compatibility with the Telecommunication Services. 3.5 The Contractor acknowledges that it has:

(a) examined all information relevant to the risks, contingencies and other circumstances which could affect the supply of the Telecommunication Services, obtainable by making reasonable enquiries; and

(b) satisfied itself as to the availability of labour, resources and services required to supply the Telecommunication Services.

3.6 The Principal will not and shall use reasonable endeavours to ensure that its Users do not use the

Telecommunication Services:

(a) for any illegal, fraudulent or defamatory purposes;

(b) to engage in the bulk transmission of unsolicited electronic mail;

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(c) to send or cause to be sent any computer worms, Viruses, or other similar programs;

(d) to make unauthorised access to any other computer accessible via the Internet Services;

(e) to send any harassing, obscene, indecent, offensive or threatening electronic mail; or

(f) to reproduce, distribute, transmit, publish, copy or exploit any material that constitutes an infringement of any Intellectual Property right of a third party in Australia.

4. SCALABILITY 4.1 The Contractor agrees to provide any reasonable adjustments to the capacity, availability and quality of

the Telecommunication Services described in the Agreement during the period specified in the Agreement Details.

5. TELEPHONE NUMBERS AND ADDRESSES 5.1 Subject to any contrary direction of the Australian Communications Authority the Contractor must not

unless it is reasonably necessary to do so:

(a) deprive the Principal of the numbers or data addresses allocated to the Principal; or

(b) retain the numbers and data addresses allocated to the Principal on any change of address by the Principal or any transfer to another service provider.

6. STANDARD FORMS OF AGREEMENT 6.1 The Parties agree that the provisions of the Contractor’s Standard Form of Agreement will not apply to

the supply of the Telecommunications Services by the Contractor to the Principal. 7. CONTRACT PRICE 7.1 The Contractor warrants that the Contract Price for the Telecommunication Services identifies all

charges for the Telecommunication Services including any charges for training, installation, license fees, set up and ongoing access and usage costs.

8. BILLING 8.1 Unless otherwise specified in the Agreement, a Correctly Rendered Invoice for a Telecommunication

Service must be:

(a) rendered within the first 10 days of each month and relate to the charges incurred during the previous month;

(b) delivered in the format specified in the Agreement; and

(c) itemise the Telecommunication Services to which the invoice relates; including

(i) the respective charges for the Telecommunication Services; and

(ii) the date and time at which the charges were incurred. 8.2 Subject to clause 8.3 charges not invoiced in accordance with clause 8.1 may be included in a

subsequent Correctly Rendered Invoice if the:

(a) charges are listed separately from the current charges; and

(b) date and time that the charges were incurred is clearly identified; and

(c) invoice is issued within the Back Billing Period. 8.3 If the charges are not invoiced within the Back Billing Period, the Principal does not have to pay those

charges unless by mutual agreement, the charges have been withheld for subsequent invoicing; or

(a) the charges are disputed and, with the Principal’s knowledge, the Contractor has refrained from invoicing them because of the dispute;

(b) the delay is attributable to an Event; or

(c) the Principal caused or contributed to the delay.

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8.4 The Contractor shall comply with requirements of the Principal for aggregated or consolidated invoicing

as set out in the Agreement. 9. AUDITS 9.1 The Contractor must maintain records and supporting Documentation sufficient to permit a complete

audit of the provision of the Telecommunications Services by the Contractor in accordance with this clause 9.

9.2 The Principal may request an audit of any invoices rendered to it within the previous six months. The

Contractor is to do all things reasonably necessary to facilitate a prompt and efficient audit. Reasonable notice is to be provided of an intended Principal audit. The audit is to be carried out during normal business hours (unless the Contractor agrees otherwise) and the Principal (and its auditors) are to comply with the Contractor’s standard security procedures whilst on the Contractor’s premises.

9.3 The Principal may at its own cost engage an independent consultant to undertake the billing services

audit in accordance with the following terms:

(a) The Principal must ensure that the independent consultant provides a confidentiality undertaking in a form reasonably acceptable to the Contractor.

(b) The Contractor must, at no additional cost to the Principal:

(i) provide all co-operation reasonably required by the independent consultant; and

(ii) provide the independent consultant with access (at reasonable times and on reasonable notice) to all Documentation, materials and other information (including information in electronic form) relating to the provision of billing services to the Principal or relating to the Agreement for the purposes and to the extent reasonably necessary to enable the conduct of audit of the Contractor’s provision of the billing services.

(c) The independent consultant is not entitled to have access to:

(i) the Contractor’s network;

(ii) any information that would enable the independent consultant to determine the costs of the Contractor; or

(iii) the Contractor’s core billing systems.

(d) The Principal shall pay for the audit unless the audit discloses:

(i) a discrepancy between the charges invoiced during the period audited and the auditor’s assessment of the applicable charges for that period; and

(ii) that any amount invoiced during the period audited is found by the independent consultant to be in error by more than 5 per cent, in which the Principal may recover:

(i) the overcharged amount; and

(ii) the costs of the audit conducted, in accordance with clause 12.3 of Part 2 of the Agreement.

9.4 The Principal may request an audit of the Contractor’s performance of the Telecommunications Services

(other then billing services), including the Contractor’s compliance with the Service Levels. The Contractor is to do all things reasonably necessary to facilitate a prompt and efficient audit of the Telecommunications Services. Reasonable notice is to be provided of an intended Principal audit. The audit is to be carried out during normal business hours (unless the Contractor agrees otherwise) and the Principal (and its auditors) are to comply with the Contractor’s standard security procedures whilst on the Contractor’s premises.

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9.5 The Principal may at its own cost engage an independent consultant to undertake the audit of the

Telecommunications Services in accordance with the following terms:

(a) The Principal must ensure that the independent consultant provides a confidentiality undertaking in a form reasonably acceptable to the Contractor.

(b) The Contractor must, at no additional cost to the Principal:

(i) provide all co-operation reasonably required by the independent consultant; and

(ii) provide the independent consultant with access (at reasonable times and on reasonable notice) to Sites only to the extent reasonably necessary to enable the independent expert to audit the provision of the Telecommunications Services (other than billing services) at those Sites under the Agreement.

(c) The audit rights under this clause 9.5 extend to audits or practices, procedures, systems and general controls relating to the Telecommunications Services (including security), but do not include audits of all or part of the Contractor’s network or the Contractor’s billing systems.

10. ISSUE RESOLUTION 10.1 For the avoidance of doubt, an Issue Notice in relation to a Telecommunication Service shall include the

following information (if it is reasonably available):-

(a) the relevant account number, invoice reference number and invoice date;

(b) the invoice amount or the amount relating to the relevant account (whichever is applicable);

(c) the Telecommunication Service and amount in dispute; and

(d) the reasons for the dispute. 11. NETWORK MANAGEMENT AND SERVICE LEVELS 11.1 The Contractor must use all reasonable endeavours to undertake all maintenance of the Contractor’s

network at such times and in such manner as to avoid any impact on the provision of Telecommunications Services to the Principal in accordance with the Agreement. The Contractor must ensure, wherever possible, that it continues to meet or exceed the Service Levels while undertaking such maintenance. The Contractor must ensure that the Contractor’s network has sufficient redundancy to enable the Contractor to comply with its obligation under this clause 11.1.

11.2 Without prejudice to its obligation under clause 11.1 of this Module 9, where the Contractor reasonably

anticipates that:

(a) any scheduled maintenance of the Network will or might have an impact on the provision of Telecommunications Services to the Principal; and

(b) the Contractor may not be able to meet or exceed the Service Levels while undertaking such maintenance;

the Contractor must obtain the Principal’s express written approval at least 5 business days prior to undertaking such maintenance, and the Principal must act reasonably in giving or withholding such approval.

11.3 Notwithstanding clause 11.2 of this Module 9, the Contractor may conduct non-scheduled maintenance

on the Contractor’s network in the event of an emergency. 11.4 The Contractor must monitor the Telecommunications Services at all times to ensure availability to the

Principal in accordance with the Service Levels. 11.5 The Contractor will immediately notify the Principal of the occurrence of, or the pending or threatened

occurrence of any event that may adversely affect the Contractor’s ability to perform the Telecommunication Services in accordance with the Agreement, including the Service Levels.

11.6 The Contractor warrants that Principal will have access to the Telecommunication Services in

accordance with the Service Levels. Where a fault occurs in a Telecommunication Service, then the Contractor is to proceed with reasonable skill and care to remedy or assist in remedying the fault.

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11.7 Unless the fault or delay of the Contractor is caused by an Event, the Price of the affected

Telecommunication Service shall be adjusted in accordance with the Service Level Agreement where the provision of the Telecommunication Services by the Contractor has not complied with the Service Levels.

11.8 During the Term, the Contractor will maintain a telephone help desk on a 24 hours per day, 7 days per

week basis to provide consultations, assistance, advice and problem determination to the Principal on:

(a) the operation and function of the Telecommunications Services; and

(b) faults in the Telecommunications Services. 11.9 Help desk services will be provided by the Contractor in accordance with the specific requirements set

out in the Agreement. 12. REPORTING REQUIREMENTS 12.1 The Contractor must comply with the reporting requirements set out in the Reporting Requirements

Table contained in the catalogue of Services set out in Schedule 3. 13. BENCHMARKING OF SERVICES 13.1 The Principal may undertake at least annual benchmarking of Telecommunication Services for the

purposes and scope specified below:

(a) to compare:

(i) the Prices the Principal is paying to the Contractor for the Telecommunications Services;

(ii) to compare the quality and standard of performance of the Telecommunications Services (as reflected in, among other things, the Service Levels),

against prices being paid by, and the quality and standard of performance of services being provided to, the Principal’s peer organisations for the same or similar services at similar volumes and functionality; and

(b) to implement the results of the benchmarking report in accordance with clause 13.7 of this Module 9.

13.2 The Principal may at its own cost engage an independent consultant to undertake the benchmarking.

The Parties agree that the Principal may disclose to the independent consultant any provisions of this Module 9 and the Agreement relevant to the Telecommunications Services, and that the independent consultant will be required to comply with each of the Parties’ reasonable confidentiality and security requirements.

13.3 The Parties must give the independent consultant:

(a) access to any premises, equipment, personnel, records or documents; and

(b) any assistance,

reasonably required by the independent consultant to conduct the benchmarking exercise. Without

limiting the foregoing, the Contractor must provide the independent consultant with access to its price, staffing and configuration information on request, but may require this to be in confidence. The Contractor is under no obligation to disclose information dealing with customer-specific internal costs, profit margins or confidential customer information if that information identifies the customer, but must provide the required information to the independent consultant in a way that does not identify the customer.

13.4 Each Party will bear its own internal costs of complying with its obligations under this clause 13.

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13.5 A benchmarking exercise will be based on average data for broadly equivalent networks in Australia for

the immediately preceding 12 month period. The Principal must instruct the independent consultant to benchmark the Telecommunications Services on the basis of any one or more of the following measures:

(a) the Prices paid by the Principal for the Telecommunications Services; and/or

(b) the quality of performance of the Telecommunications Services, including Service Levels;

taking into account the volume, geographic service coverage, service levels and quality of comparable services.

13.6 The Principal will use its reasonable endeavours to ensure that the Contractor has an opportunity to

provide input into the benchmarking exercise and to comment on a draft of the independent consultant’s benchmarking report before it is issued in final form.

13.7 Where the independent consultant finds that:

(a) the Prices charged by the Contractor to the Principal for any Telecommunications Services are higher than those identified in the benchmarking report; and/or

(b) the Service Levels or other measures reviewed in the benchmarking exercise are inferior to those identified in the benchmarking report,

the Contractor must adjust the Telecommunication Services or Service Levels to match the benchmark

with effect from the date of commencement of the benchmarking exercise. 13.8 If the Contractor fails to implement the results of any benchmarking exercise as required and identified

in clause 13.7 of this Module 9, the Contractor will be in material breach of the Agreement and the Principal may:

(a) terminate the Agreement on at least 30 days’ notice, without having to pay any compensation to the Contractor (subject to the Parties’ obligations in relation to the Transition-Out Services under clause 16 of this Module 9); or

(b) cease to acquire the whole or any specified part of the Telecommunications Services affected by the benchmarking exercise, and in such case.

14. TECHNOLOGY IMPROVEMENT 14.1 During the Agreement the Contractor must, at its own cost, offer to the Principal, the benefits or

improvements resulting from new technologies as soon as such benefits or improvements are generally commercially available in Australia. These benefits or improvements shall be at no additional cost to the Principal unless they provide a new function or purpose unrelated to the Telecommunication Services.

14.2 The Parties agree to co-operate in good faith to identify opportunities for the Contractor to propose new

Telecommunication Services for the purpose of creating technology-enabled business value for the benefit of the Principal.

15. TRANSITION IN ARRANGEMENTS 15.1 On request by the Principal, the Contractor must prepare a plan (Transition-In Plan) for the transition of

Telecommunications Services to the Contractor (Transition-In Services) within 30 days, which must describe:

(a) details of the specific Transition In Services to be provided by the Contractor in implementing the required Telecommunications Services;

(b) the timing and transition methodology that will be used by the Contractor to implement the required Telecommunications Services, including measures to effect any transition from previous telecommunications services used by the Principal;

(c) the time schedule, dates and milestones that will apply to completion of the Transition In Services; and

(d) be approved by the Principal prior to the Contractor implementing any of the required Telecommunications Services.

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15.2 The Transition-In Plan shall be binding on the relevant Parties following approval by the Principal

pursuant to clause 15.1(d) of this Module 9, and the Contractor must perform all of the Transition In Services identified in the Transition-In Plan. Subject to clause 15.3 of this Module 9, the Contractor must perform the Transition In Services without any disruption to the Principal’s business.

15.3 For the avoidance of doubt, the Contractor will be liable for any disruption in the performance of the

Transition In Services except where such disruption:

(a) has been identified by the Contractor as a planned disruption in the Transition-In Plan; or

(b) is beyond the effective control of the Contractor. 16. TRANSITION OUT ARRANGEMENTS 16.1 On termination or expiry of the Contract or part of the Contract by the Principal, the Contractor will, if

requested by the Principal, provide such assistance as is reasonably necessary for the Telecommunication Services to continue without interruption for a period of up to six months (Transition Out Period) on the same terms as the Contract to facilitate an orderly, prompt and efficient transition to an alternative service provider or to the Principal.

16.2 Telecommunications Services disengaged in accordance with this clause 16 (whether encompassing all

or part of the Telecommunications Services), and any additional services which the Contractor is required to provide under this clause 16, are referred to in this clause 16 as the Transition Out Services.

16.3 The Contractor must, in relation to the Telecommunications Services disengaged under this clause 16:

(a) continue to provide such Telecommunications Services (including any associated monitoring, reporting and other related services required under the Agreement), during the Transition-Out Period in accordance with the terms of the Agreement;

(b) do everything within its control to ensure that there is no disruption to such Telecommunications Services during the Transition-Out Period; and

(c) provide for the orderly hand over of such Telecommunications Services to a third party supplier nominated by the Principal.

16.4 The Principal may terminate the Transition-Out Services, in whole or in part, at any time by giving the

Contractor 5 business days written notice of such termination. 16.5 On request by the Principal, the Contractor must prepare a plan for the disengagement of

Telecommunications Services (Transition-Out Plan) within 30 days, which must incorporate:

(a) all of the requirements set out in the Transition-Out Plan Annexure; and

(a) its proposed Prices for the Transition-Out Services. 16.6 The Principal must pay the Contractor for any Telecommunications Services provided during the

Transition-Out Period in accordance with the Prices specified in the Agreement in effect immediately prior to the commencement of the Transition-Out Period.

16.7 The Principal must also pay the Contractor a reasonable amount for any additional services (other than

Telecommunications Services referred to in clause 16.6 of this Module 9), costs and expenses incurred in the provision of the Transition-Out Services calculated to the extent practicable in a manner consistent with the Prices, such amount to be agreed and specified in the Transition-Out Plan.

17. COOPERATION WITH THIRD PARTY SUPPLIERS 17.1 Without limiting clause 18 of this Module 9, the Contractor agrees to comply with the Principal’s

reasonable requests for cooperation and assistance for the Principal and its third party suppliers (if any) in connection with the Telecommunications Services but which cooperation must at a minimum include providing all reasonable co-operation and assistance in relation to the following matters:

(a) ensuring that the Telecommunications Services are able to be delivered in conjunction with other relevant projects and services in a coordinated, effective and timely manner;

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(b) providing:

(i) connection to any infrastructure, facilities or equipment, or access to the Documentation or materials used in providing the Telecommunications Services; or

(ii) any information regarding the network or system constraints, protocols, interfaces, architecture and other operating parameters

which provision is necessary to enable the Principal to properly receive the Telecommunications

Services or for the third party supplier to perform any related services;

(c) connection or interfacing between the Principal’s or third party supplier’s equipment or software and the Contractor’s facilities or systems used to provide the Telecommunications Services, and making the Principal’s or third party supplier’s equipment or the output of any services compatible with the Contractor’s facilities or systems used to provide the Telecommunications Services; and

(d) agreeing on procedures with the Principal and any third party suppliers for the division of responsibilities in relation to services and functions that may overlap between the Contractor and third party suppliers.

17.2 If the Contractor provides a connection to any infrastructure, facilities, equipment or access to any

Documentation under this clause 17, this connectivity or access is subject to the Contractor’s reasonable security requirements and procedures. If the Contractor provides information to a third party supplier under this clause, that third party supplier must, if required by the Contractor, sign a non-disclosure undertaking in a form reasonably requested by the Contractor and affording no less protection than those standards applied by the Contractor to the protection and disclosure of its own confidential information.

18. COOPERATIVE PROBLEM RESOLUTION PROCEDURES 18.1 Where the Contractor in good faith believes that a problem relating to the Telecommunications Services

is not the responsibility of the Contractor under the Agreement but is the responsibility of a third party provider, the Contractor must work diligently to determine the cause of the problem until the Contractor:

(a) determines that it is responsible for resolving the problem, in which case the Contractor must notify the Principal accordingly and proceed to remedy the problem in a timely manner and in accordance with its obligations under the Agreement; or

(b) has handed over responsibility for the resolution of the problem to the third party provider in accordance with this clause 18.

18.2 The Contractor may only hand over responsibility for the resolution of a problem referred to in this

clause 18 to a third party provider where the Contractor:

(a) has investigated the problem in accordance with this clause 18;

(b) has reasonable grounds to believe that the cause of the problem is a factor for which the third party provider is responsible; and

(c) has given the Principal and the third party provider:

(i) notice that it has investigated the problem;

(ii) a description of the factor or factors which the Contractor considers to have caused the problem; and

(iii) a copy of any network or service reports and such other data as reasonably necessary to establish that the cause of the problem is a factor for which the third party provider is responsible.

18.3 If, after handing over responsibility for the resolution of a problem to the third party provider in

accordance with this clause 18, the third party provider subsequently notifies the Contractor that it believes that the Contractor is responsible for the resolution of the problem, the matter will be resolved in accordance with the issue resolution procedures set out in the Agreement.

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19. SECURITY 19.1 The Contractor must use all reasonable endeavours to:

(a) implement and maintain appropriate security measures relating to the Telecommunications Services with the purpose of the prevention of unauthorised access:

(i) by any third party to the Contractor’s network; and

(ii) by any party to the data or Confidential Information of another party;

(b) ensure that all software deployed in the delivery of the Telecommunications Services incorporates industry best practice in relation to the implementation of encryption systems, anti-virus protection, patches, updates and upgrades for security purposes;

(c) implement and maintain appropriate measures to maintain the confidentiality and integrity of data in the Contractor’s network;

(d) provide an applicable Information Security Management System in accordance with AS/NZS ISO/IEC 17799:2001 Information Technology – Code of Practice for Information Security Management (as updated from time to time) and, as relevant, AS 13335 Parts 1 to 5 Information Technology – Guidelines for the Management of IT Security (as updated from time to time) or equivalent;

(e) meet the following standards:

(i) “Information Security Guidelines for NSW Government – Part 3: Information Security Baseline Controls” (January, 2001), as updated from time to time (available from http://www.oict.nsw.gov.au/pages/4.3.18-Security-Pt3.htm);

(ii) AS/NZS 7799.2:2000 (Previously known as 4444.2) Information security management - Specification for information security management systems, as updated from time to time; and

(iii) relevant information privacy statutes and codes of practice; and

(f) address any specific security needs of the Principal in relation to the Telecommunications Services, as notified to the Contractor in writing from time to time, provided that to the extent such request is in addition to the requirements for compliance with this clause 19, the Principal must bear the cost of such additional requirements.

19.2 The Contractor must provide to the Principal:

(a) as soon as reasonably practicable following a request by the Principal:

(i) a statement of the types and severity of any security risks to confidentiality and integrity against which the Contractor’s network is safeguarded from time to time;

(ii) a copy of the Contractor’s then current security policy; and

(iii) the details of any changes made to the security policy since the last time a copy was provided to the Principal; and

(b) following any security incident affecting the Contractor:

(i) notification of the security incident within one business day; and

(ii) a detailed security incident report within 3 business days. 20. INTELLECTUAL PROPERTY AND OWNERSHIP OF DATA 20.1 For the purposes of this Module 9, clause 5.2 in Part 2 of the Agreement is replaced with this clause 20. 20.2 For the purposes of this clause 20: “Contractor Works” means all Works other than Principal Works, including Contractor Software and

Contractor Tools and Methodologies and any other Works which relate to the Contractor’s Network or any development, improvement, modification to or extension of the Contractor’s Network;

“Generic Third Party Documentation” means Documentation provided to the Contractor’s customers

generally, to the extent that such generic Documentation incorporates Contractor Works in which Intellectual Property Rights are owned by a third party; and

http://www.oict.nsw.gov.au/pages/4.3.18-Security-Pt3.htm

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“Principal Works” means

(a) all information provided to the Contractor by the Principal under this Module;

(b) any Confidential Information of the Principal or other information proprietary to it;

(c) all reports, diagrams (including network diagrams), Documentation, cable records and all other material (including, for the avoidance of doubt, any business processes, tools or methodologies) created by the Contractor for the exclusive purpose of providing the Telecommunications Services to the Principal; and

(d) all information and records (including all monitoring information and records) relating to the supply of the Telecommunications Services by Contractor to the Principal, including without limitation all details relating to utilisation levels and traffic data.

20.3 The Principal will own all Intellectual Property Rights in the Principal Works immediately from creation

(including part creation) regardless of whether the Intellectual Property Right arises during or after termination of the Agreement.

20.4 The Contractor assigns to the Principal all Intellectual Property Rights in all Principal Works created or

developed by the Contractor. This assignment will be effected on the creation of such Intellectual Property Rights (including as a present assignment of future copyright) without the need for further consideration.

20.5 The Principal grants to the Contractor, for the effective period of the Contract, to the extent necessary

and for the sole purpose of providing the Services, a royalty-free, non-exclusive, non-transferable licence to use the Principal Works in Australia.

20.6 The Contractor retains all Intellectual Property Rights in the Contractor Works immediately from creation

(including part creation) regardless of whether the Intellectual Property Right arises during or after termination of the Agreement.

20.7 The Contractor grants to the Principal a royalty free, irrevocable, non-transferable and non-exclusive

right and licence to use:

(a) during the Term and any Transition-Out Period: the Contractor Works (including Contractor Works in which the Intellectual Property Rights are owned by a third party, or which relate to the Contractor’s network) and all Generic Third Party Documentation; and

(b) in perpetuity: the Documentation (other than Generic Third Party Documentation). 20.8 The Contractor must, in addition to its obligations under clause 7.4, Part 2 of this Agreement and without

limiting its obligations under the Agreement in relation to compliance with the Statutory Obligations:

(a) comply with all applicable telecommunications standards and codes; and

(b) obtain and maintain any licences, authorisations, consents, approvals and permits required under any applicable Statutory Obligations to provide the Telecommunications Services.

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MODULE 09A TELECOMMUNICATIONS SERVICES - SPECIAL TERMS FOR GTA CATEGORY 1B SERVICES (BROADBAND LOCAL ACCESS)

These special terms (“Special Terms”): (a) apply to the supply of broadband local access services by the Contractor to the Principal between the

Principal’s nominated site(s) and the Core Network at designated network access points (NAPs) for the purpose of enabling the Principal to receive Core Network Services (with such broadband local access services to be referred to as “GTA Category 1B Services (Broadband Local Access))”; and

(b) are incorporated into and form part of this Module 9A (including for the purposes of construing the Order

of Priority recited in Part 1 of the Agreement). 1. INTRODUCTION TO SPECIAL TERMS

(a) The Contractor agrees to provide to the Principal those Telecommunications Services identified in Schedule 3 as GTA Category 1B Services (Broadband Local Access) in accordance with this Module 9A (including these Special Terms).

(b) For the purposes of these Special Terms:

(i) Agreement means, in connection with the supply of GTA Category 1B Services only, the agreement entered into between the Principal and the Contractor in respect of GTA Category 1B Services in the form attached to this Module (and this definition shall apply to the exclusion of any definition of “Agreement” contained elsewhere in the Contract for the purposes of GTA Category 1B Services);

(ii) Core Network means the broadband telecommunications network established and operated by the Core Network Provider in accordance with the Core Network Services Agreement.

(iii) Core Network Provider means the carrier appointed as “Core Network Provider” pursuant to the Core Network Services Agreement;

(iv) Core Network Services Agreement means the agreement by which the Core Network Provider is appointed as “Core Network Provider” for the purpose of providing bandwidth capacity services to NSW Government via the Core Network;

(v) Principal means the entity described in the Agreement Details and includes its Personnel; and

(vi) Reference Interconnection Offer (RIO) Agreement means an agreement between the Contractor and the Core Network Provider in the form prescribed by the Department of Commerce,

and a capitalised term not defined above has the meaning given to it in the Dictionary.

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2. RIO AGREEMENT


(a) enter into a Reference Interconnection Offer (RIO) Agreement with the Core Network Provider as soon as practicable following execution of this Contract for the purpose of facilitating interconnection with the Core Network at designated network access points (NAPs); and

(b) comply with the terms of the RIO Agreement for the duration of the term. 3. AGREEMENT PROCESS

The Principal or its nominated Managed Service Provider may:

(a) specify the location of the Principal sites which the Principal requires to be connected to selected NAPs of the Core Network; and

(b) complete all other details relating to the GTA Category 1B Services as required in the Agreement.

4. MANAGED SERVICE PROVIDER

The Principal may elect to appoint a Managed Service Provider to act as its authorised representative in relation to the ordering and management of the GTA Category 1B Services (including payment arrangements). This should be implemented via Module 11A (Special Terms relating to Management of GTA Category 1B Services).

5. AMENDMENTS TO THE TERMS OF THE CONTRACT

The terms of the Contract are amended such that, to the extent that they relate to GTA Category 1B Services, in addition to the termination provisions contained in this Contract (refer to clause 14, Part 2 of the Agreement), the Contract is automatically terminated in relation to GTA Category 1B Services immediately upon:

(a) the termination or expiry of the RIO Agreement; or

(b) the termination or expiry of the Core Network Services Agreement.


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MODULE 09B TELECOMMUNICATIONS SERVICES - SPECIAL TERMS FOR GTA CATEGORY 2 SERVICES (BROADBAND INTERNET ACCESS)

These special terms (“Special Terms”): (a) apply to the supply of broadband internet access services to be delivered via the Core Network (with

such broadband internet access services to be referred to as “GTA Category 2 Services” (Broadband Internet Access)); and

(b) are incorporated into and form part of this Module 9B (including for the purposes of construing the Order

of Priority recited in Part 1 of the Agreement). 1. INTRODUCTION TO SPECIAL TERMS

(a) The Contractor agrees to provide to the Principal those Telecommunications Services identified in Schedule 3 as GTA Category 2 Services (Broadband Internet Access) in accordance with this Module 9B (including these Special Terms).

(b) For the purposes of these Special Terms:

(i) Agreement means, in connection with the supply of GTA Category 2 Services only, the agreement entered into between the Principal and the Contractor in respect of GTA Category 2 Services in the form attached to this Module (and this definition shall apply to the exclusion of any definition of “Order ” contained elsewhere in the Contract for the purposes of GTA Category 2 Services);

(ii) Core Network means the broadband telecommunications network established and operated by the Core Network Provider in accordance with the Core Network Services Agreement;

(iii) Core Network Provider means the carrier appointed as “Core Network Provider” pursuant to the Core Network Services Agreement;

(iv) Core Network Services Agreement means the agreement by which the Core Network Provider is appointed as “Core Network Provider” for the purpose of providing bandwidth capacity services to NSW Government via the Core Network;

(v) Internet Access Provider (IAP) Agreement means an agreement between the Contractor and the Core Network Provider in the form prescribed by the Department of Commerce; and

(vi) Principal means the entity described in the Agreement Details and includes its Personnel,

and a capitalised term not defined above has the meaning given to it in the Dictionary.

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2. IAP AGREEMENT


(a) enter into a Internet Access Provider (IAP) Agreement with the Core Network Provider as soon as practicable following execution of this Contract for the purpose of facilitating interconnection with the Core Network at designated network access points (NAPs); and

(b) comply with the terms of the IAP Agreement for the duration of the term. 3. AGREEMENT PROCESS

The Principal or its nominated Managed Service Provider may:

(a) specify the Internet access requirement; and

(b) complete all other details relating to the GTA Category 2 Services as required in the Agreement.

4. MANAGED SERVICE PROVIDER The Principal may elect to appoint a Managed Service Provider to act as its authorised representative in

relation to the ordering and management of the GTA Category 2 Services (including payment arrangements).

5. AMENDMENTS TO THE TERMS OF THE CONTRACT The terms of the Contract are amended such that, to the extent that they relate to GTA Category 2

Services, in addition to the termination provisions contained in this Contract (refer to clause 14 of the Agreement), the Contract is automatically terminated in relation to GTA Category 2 Services immediately upon:

(a) the termination or expiry of the IAP Agreement; or

(b) the termination or expiry of the Core Network Services Agreement.


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MODULE 10 WEB SERVICES


the provision of Web Services. 1.2 In this Module, unless the contrary intention appears:

“Back Billing Period” means a period of 3 months from the date that charges are incurred by the Principal unless otherwise specified in the Agreement.

“Directory Data” means a database of User accounts and information specifying the structure of the levels of User access to the Internet Services required by the Principal in the Agreement.

“Domain Name” means the address or identifier of the location of the Website on the Internet.

“Filtering Services” mean the provision of services restricting or denying access by a User to content as more particularly described in the Agreement.

“Hosting Services” means Hosting Services and Filtering Services as more particularly described in the Agreement.

“Internet” means an interconnected system of networks that connects computers around the world to facilitate the electronic exchange of data and information.

“Internet Services” means access to the Contractor’s connection to the Internet and any associated Filtering Services as more particularly described in the Agreement.

“Principal Data” means all information, data, text, logos and images provided by the Principal or by a third party on behalf of the Principal which forms part of the Website.

“Remote Access Services” mean the provision of Internet Services to a User not directly connected to the Principal’s network.

“Scheduled Maintenance” means maintenance that needs to be performed on the Contractor’s equipment to ensure that the equipment performs within the Contract Specifications.

“Service Levels” means the performance metrics, indicators and adjustments for the Web Services specified in the Service Level Agreement and/or the Agreement.

“Storage Capacity” means the space to be provided by the Contractor to the Principal on the Contractor’s servers in accordance with the Agreement.

“User” means a user of the Web Services authorised to log on to the Principal’s network or the Website by the Principal.

“Visitor” means a person other than the Principal’s Users who seeks access to the Web Services.

“Website” means a computer that acts as a server for Web Pages created or hosted by the Contractor.

“Web Pages” means documents that can contain text, graphics and sound available to Principal’s Users and Visitors on the World Wide Web.

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“Web Services” means any Internet Services, Filtering Services and Hosting Services specified in the Agreement.

“World Wide Web” means an Internet information service using hypertext documents. 1.3 Definitions of other capitalised words and expressions used in this Module and not defined in

clause 1.2 are contained in Part 3 of the Agreement. 2. PERIOD OF THE WEB SERVICES 2.1 The Contractor shall provide the Principal with the Web Services specified in the Agreement for

the period of the Agreement unless terminated earlier in accordance with the provisions thereof.

3. WEB SERVICES 3.1 The Contractor must ensure that the Web Services have sufficient capacity, availability and

quality during the period of the Agreement in accordance with the requirements of the Service Level Agreement and the Contract Specifications.

3.2 The Contractor acknowledges that it has:

(a) examined all information which is relevant to risks, contingencies and other circumstances which could affect the supply of the Web Services which is obtainable by making reasonable enquiries; and

(b) satisfied itself as to the availability of labour, resources and services required. 4. INTERNET SERVICES 4.1 Unless otherwise specified in the Agreement, the Principal shall provide telephone lines,

modems, computer hardware and software and all other equipment within the Principal’s network necessary to enable Users to access the Internet Services.

4.2 The Contractor shall supply such connection as specified in the Agreement to provide the

Remote Access Services. 4.3 The Contractor shall set up and maintain User accounts and provide for User access to the

Internet Services in accordance with the Directory Data specified in the Agreement. 4.4 The Contractor shall provide all necessary User’s identification or log-in information to enable

the Principal and Users to access the Internet. 4.5 The Principal is responsible for the protection of any User identification or log-in information.

The Principal shall promptly inform the Contractor of any unauthorised disclosure or loss of User identification or log-in information.

5. USE OF INTERNET SERVICES 5.1 Except for the Filtering Services, the Principal acknowledges the Contractor does not in any

way supervise, aid or control the content and form of any information or data accessed through the Internet Services. SERVICES

5.2 The Principal will not and shall use reasonable endeavours to ensure that its Users do not use

the Internet Services:

(a) for any illegal, fraudulent or defamatory purposes;

(b) to engage in the bulk transmission of unsolicited electronic mail;

(c) to send or cause to be sent any computer worms, Viruses, or other similar programs;

(d) to make unauthorised access to any other computer accessible via the Internet Services;

(e) to send any harassing, obscene, indecent, offensive or threatening electronic mail; or

(f) to reproduce, distribute, transmit, publish, copy or exploit any material that constitutes an infringement of any Intellectual Property right of a third party in Australia.

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6. DATA 6.1 The Contractor shall provide the Principal with such information as reasonably required by the

Principal in relation to the setting up of individual User accounts and User access to the Internet Services.

6.2 The Contractor acknowledges and agrees that all proprietary rights including Intellectual

Property rights subsisting in the Directory Data vest in the Principal and that the Contractor has no rights in the Directory Data except as expressly provided in the Agreement.

7. SCALABILITY 7.1 The Contractor agrees to provide any adjustments to the capacity, availability and quality of the

Web Services specified in the Agreement or the Service Level Agreement during the period of the Agreement.

8. HOSTING SERVICES 8.1 The Contractor shall ensure that any computer downtime attributable to upgrades, or

Scheduled Maintenance shall not prevent access to the Website by the Users or Visitors in accordance with the Service Levels.

8.2 The Hosting Services do not include content maintenance and the Contractor shall not be liable

for any deficiency or inaccuracy of any information contained on the Website caused by the Principal’s failure to carry out content maintenance unless otherwise specified in the Agreement.

9. DOMAIN NAMES 9.1 Unless specified in the Agreement, the Principal will secure a Domain Name for the Website

and supply the Contractor with details of the Domain Name together with a range of available internet protocol (“IP”) addresses. The Contractor shall inform the Principal of the IP address that corresponds to the Domain Name.

10. INTELLECTUAL PROPERTY RIGHTS 10.1 Unless otherwise specified in the Agreement:

(a) the Intellectual Property rights in the textual, graphical, audio and other material, including Principal’s Data to be displayed on the Website; and

(b) the look and feel of the Website, shall immediately vest upon their creation in the Principal without further need for assurance.

11. PRINCIPAL’S OBLIGATIONS 11.1 The Principal shall use reasonable efforts to ensure the Principal’s Users and Visitors do not

place on the Website material which is in any way, defamatory, illegal, pornographic, violates any applicable privacy legislation or infringes Intellectual Property rights of any third party.

12. CONTRACTOR’S OBLIGATIONS 12.1 Except for the Filtering Services the Principal acknowledges that the Contractor does not in any

way supervise aid or control the content and form of any information or data accessed through the Internet.

3 12.2 The Contractor shall ensure that any material it incorporates into the Website other than

material provided by the Principal does not infringe the Intellectual Property rights of any person and is not obscene, offensive, defamatory, illegal, in violation of any applicable privacy legislation or in any way unsuitable for persons under the age of 18 years.

13. CONTRACT PRICE 13.1 The Contractor promises that the Contract Price for the Web Services identifies all charges for

the Web Services including any charges for training, installation, set up and ongoing access and usage costs.

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14. BILLING 14.1 In addition to clause 12.2, Part 2 of this Agreement, unless otherwise specified herein, a

Correctly Rendered Invoice for the Web Services must be:

(a) rendered within the first three weeks of each month and relate to the charges incurred during the previous month;

(b) delivered in the format specified herein; and

(c) itemise the Web Services to which the invoice relates; including

(i) the respective charges for the Web Services; and

(ii) the date and time at which the charges were incurred. 14.2 Subject to clause 14.3, if charges are not invoiced in accordance with clause 14.1, then the

charges may be included in a subsequent Correctly Rendered Invoice if the:

(a) the charges are listed separately from the current charges; and

(b) the date and time that the charges were incurred is clearly identified; and

(c) the invoice is issued within the Back Billing Period. 14.3 If the charges are not invoiced within the Back Billing Period, the Principal does not have to pay

those charges unless by mutual agreement, the charges have been withheld for subsequent invoicing; or

(a) the charges are disputed and, with the Principal’s knowledge, the Contractor has refrained from invoicing them because of the dispute;

(b) the delay is attributable to an Event; or

(c) the Principal caused or contributed to the delay. 14.4 The Contractor shall comply with requirements of the Principal for aggregated or consolidated

invoicing as set out in the Agreement. 14.5 The Principal may request an audit of any invoices rendered to it within the previous six

months. The Contractor is to do all things reasonably necessary to facilitate a prompt and efficient audit. Reasonable notice is to be provided of an intended Principal audit. The audit is to be carried out during normal business hours (unless the Contractor agrees otherwise) and the Principal (and its auditors) are to comply with the Contractor’s standard security procedures whilst on the Contractor’s premises.

14.6 The Principal may at its own cost engage an independent consultant to undertake the audit.

The Principal shall pay for the audit unless the audit discloses:

(a) a discrepancy between the charges invoiced during the period audited and the auditor’s assessment of the applicable charges for that period; and

(b) that any amount invoiced during the period audited is found by the independent consultant to be in error by more than 10 per cent, in which case the Contractor shall share equally with the Principal the costs of the independent consultant to conduct the audit.

MODULE 10 14.7 Where it is disclosed by the audit that the Principal has been overcharged for a Service, the

Principal may recover the overcharged amount in accordance with clause 12.3, Part 2 of the Agreement.

15. ISSUE RESOLUTION 15.1 For the avoidance of doubt, an Issue Notice in relation to a Web Service shall include the

following information (if it is reasonably available):

(a) the relevant account number, invoice reference number and invoice date;

(b) the invoice amount or the amount relating to the relevant account (whichever is applicable);

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(c) the service and amount in dispute; and

(d) the reasons for the dispute. 16. SERVICE LEVELS 16.1 The Contractor will immediately notify the Principal of the occurrence of, or the pending or

threatened occurrence of any event that may adversely affect the Contractor’s ability to perform the Web Services in accordance with the Service Levels.

16.2 The Contractor does not warrant that the Principal will have continuous access to the Web

Services but does warrant that Principal will have access to the Web Services in accordance with the requirements of the Service Levels. Where a fault occurs in a Web Service not controlled by the Contractor, then the Contractor is to proceed with reasonable skill and care to remedy or assist in remedying the fault.

16.3 Unless the fault or delay of the Contractor is caused by an Event, the Price for the affected

Web Service shall be adjusted in accordance with the Service Levels. 17. BENCHMARKING 17.1 The Principal may undertake at least annual benchmarking of Web Services and Service

Levels for the purposes and scope specified in the Agreement. 17.2 The Principal may at its own cost engage an independent consultant to undertake the

benchmarking. Where the independent consultant finds that the Web Services or Service Levels are less than the benchmark determined by the Consultant, the Contractor shall in consultation and in the time and manner agreed with the Principal adjust the Web Services or Service Levels to match the benchmark.

18. TECHNOLOGY IMPROVEMENT 18.1 During the Agreement the Contractor must, (at its own cost), offer to the Principal, the benefits

or improvements resulting from new technologies as soon as such benefits or improvements are generally commercially available in Australia. These benefits or improvements shall be at no additional cost to the Principal unless they provide a new function or purpose unrelated to the Web Services.

18.2 The Parties agree to cooperate in good faith to identify opportunities for the Contractor to

propose new services for the purpose of creating technology enabled business value for the benefit of the Principal.

19. TRANSITION

Transition In

19.1 The Contractor must, in addition to any other requirement specified in the Agreement, as

necessary ensure:

(a) it is able to deliver the Web Services stated in the transition plan; and

(b) (to the extent practical) that all third party agreements, licenses or other contractual arrangements entered into by the Contractor for the purposes of the Agreement (‘agreements’) from the date the transition in process commences incorporate a term requiring the third party to consent to novation or assignment of those agreements to an alternative service provider or to the Principal upon termination of the Web Services for any reason. The Contractor will bear any costs resulting from the inclusion of the above term in those agreements.

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Transition Out Plan

19.2 The Contractor shall, within six (6) months of the commencement of the Agreement, if required by the Principal, develop to the Principal’s satisfaction a comprehensive transition out plan on a Time and Materials basis. The parties shall annually (or other period deemed appropriate by the Principal) review the transition out plan and the Contractor shall implement any agreed changes.

20. TRANSITION OUT 20.1 On termination or expiry of the Agreement or part of the Agreement by the Principal, the

Contractor will if requested by the Principal provide such assistance as is reasonably necessary for the Web Services to continue without interruption for a period of up to six months on the same terms as the Agreement to facilitate an orderly, prompt and efficient transition to an alternative service provider or to the Principal. Unless otherwise specified in the transition out plan, the Contractor must implement arrangements for:

(a) the novation or assignment (to the extent practical) of any third party agreements, licences and other contractual arrangements entered into by the Contractor for the purposes of the Agreement (‘agreements’) or the transfer of management responsibility in respect of such agreements, from the Contractor to an alternative service provider or to the Principal. The Contractor must use its reasonable commercial endeavours to ensure that the transfer is effected without incurring to the Principal, any increases in or transfer charges for the products and services to which those agreements relate;

(b) the selling to the alternative service provider or to the Principal at fair market value any equipment used by the Contractor for the purposes of the delivery of the Web Services;

(c) the transfer of the Principal’s data to an alternative service provider and/or to the Principal; and

(d) the granting by the Contractor to an alternative service provider and/or to the Principal of access to all material held by the Contractor and produced in connection with and for the purposes of delivering the Web Services, regardless of the manner of storage, except that:

(i) there is no requirement pursuant to this sub-clause 20.1(d) for the Contractor to assign any Intellectual Property rights in such material; and

(ii) the Principal must agree to comply with any reasonable security and confidentiality requirements stipulated by the Contractor in respect of access to such material.

20.2 This clause 20 survives termination or expiry of the Agreement for a period of six years. 21. AFTER TERMINATION OF THE WEB SERVICES 21.1 The Contractor shall erase a User’s identification or log-in information within three days of

termination of the Web Services or upon a written request to do so from the Principal or a User. ERVICES


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MODULE 11 MANAGED SERVICES


the provision of Managed Services. 1.2 In this Module, unless the contrary intention appears: “Managed Services” means Services whereby the Contractor agrees to either manage all or

part of the Principal’s information technology requirements or otherwise to manage the external delivery of services to the Principal, as more particularly described in the Agreement.


Agreement. 2. PERIOD OF SERVICES 2.1 The Managed Services must be provided for the period of the Agreement unless the

Agreement is earlier terminated in accordance with the provisions thereof. 3. MANAGED SERVICES 3.1 The Contractor must provide the Managed Services in accordance with the Agreement. 3.2 The Contractor agrees that the Managed Services must as a minimum:

(a) meet the Contract Specifications;

(b) be performed in accordance with the Service Level Agreement and any other performance measures specified in the Service Level Agreement; and

(c) include a transition in plan and transition out plan which each sets out a methodology and program for meeting the obligations in clauses 4 and 6 respectively.

3.3 Unless otherwise specified in the Agreement, the Contractor must ensure that the resources

and methodologies used in providing the Managed Services remain consistent with, and reflect, those used by the Contractor in delivering similar services to other customers at the same time and in similar circumstances.

3.4 If as part of the Managed Services a Deliverable is required to which the terms or conditions of

another Module relate, those Deliverables may be procured by the Contractor either:

(a) as a Nominee Purchaser, by placing an order under the relevant agreements; or

(b) as specified in the Agreement.

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4. TRANSITION IN The Contractor must, in addition to any other requirement specified in the Agreement, as

necessary:

(a) acquire from the Principal any assets specified in the transition plan;

(b) comply with obligations specified in the Agreement regarding the transfer or management of third party agreements;

(c) comply with the requirements of the transition plan concerning the future role of the Principal’s existing Personnel, including the transfer of such Personnel to the Contractor;

(d) ensure it is able to deliver the Managed Services from the date stated in the transition plan;

(e) ensure (to the extent practical) that all third party agreements, licenses or other contractual arrangements entered into by the Contractor for the purposes of the Contract (‘agreements’) from the date the transition in process commences incorporate a term requiring the third party to consent to novation or assignment of those agreements to an alternative service provider or to the Principal upon termination of the Managed Services for any reason. The Contractor will bear any costs resulting from the inclusion of the above term in those agreements; and

(f) prepare a procedures manual which, once agreed by the Principal, will form part of the Contract and which, in addition to any other requirements specified in the Agreement, must describe how the Contractor will manage the delivery of the Managed Services, including:

(i) how compliance with the Service Levels and other performance factors will be measured and met;

(ii) procedures to identify and rectify failures in the quality of the Managed Services;

(iii) the acceptance procedure for Deliverables supplied pursuant to the Managed Services;

(iv) how changes to the Managed Services or method of delivery will be identified and met;

(v) proposed audit requirements; and

(vi) staffing, reporting, planning, and supervisory activities normally undertaken in respect of similar services in similar circumstances.

5 SERVICE DELIVERY 5.1 Unless the Principal agrees otherwise in writing, the Managed Services will be performed in

Australia. 6 TRANSITION OUT PLAN 6.1 The Contractor shall, within six (6) months of the commencement of the Agreement if required

by the Principal develop to the Principal’s satisfaction a comprehensive transition out plan on a Time and Materials basis. The parties shall annually (or other period deemed appropriate by the Principal) review the transition out plan and the Contractor shall implement any agreed changes.

MANAGED SERVICES

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7 TRANSITION OUT 7.1 On termination or expiry of the Agreement or part of the Agreement by the Principal, the

Contractor will if requested by the Principal provide such assistance as is reasonably necessary for the Services to continue without interruption for a period of up to six months on the same terms of the Agreement to facilitate an orderly, prompt and efficient transition to an alternative service provider or to the Principal. Unless otherwise specified in the transition out plan, the Contractor must implement arrangements for:

(a) the novation or assignment (to the extent practical) of any third party agreements, licences and other contractual arrangements entered into by the Contractor for the purposes of the Contract (‘agreements’) or the transfer of management responsibility in respect of such agreements, from the Contractor to an alternative service provider or to the Principal. The Contractor must use its reasonable commercial endeavours to ensure that the transfer is effected without incurring to the Principal, any increases in or transfer charges for the products and services to which those agreements relate;

(b) the selling to the alternative service provider or to the Principal at fair market value any equipment used by the Contractor for the purposes of the delivery of the Managed Services;

(c) the transfer of the Principal’s data to an alternative service provider and/or to the Principal; and

(d) the granting by the Contractor to an alternative service provider and/or to the Principal of access to all material held by the Contractor and produced in connection with and for the purposes of delivering the Managed Services, regardless of the manner of storage, except that:

(i) there is no requirement pursuant to this sub-clause 7.1(d) for the Contractor to assign any Intellectual Property rights in such material; and


7.2 This clause 7 survives termination or expiry of the Agreement for a period of six years.


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MODULE 11A SPECIAL TERMS RELATING TO MANAGEMENT OF GTA CATEGORY 1B SERVICES AND CORE NETWORK SERVICES

SPECIAL TERMS A. These special terms (“Special Terms”):

(a) apply where the Principal appoints the Contractor as a Managed Service Provider for the purpose of providing Managed Services to it in relation to (and to act as its authorised representative in relation to the ordering, provisioning and management of) GTA Category 1B Services and/or Core Network Services (“GTA and Core Network Managed Services”); and

(b) together with the annexed Service Description, are incorporated into and form part of this

Module 11A (including for the purposes of construing the Order of Priority recited in Part 1 of the Agreement).

B. In the event of any inconsistency between these Special Terms and the annexed Service Description in

relation to the Contractor’s provision of the GTA and Core Network Managed Services, these Special Terms shall prevail.

1. DEFINED TERMS

(a) In these Special Terms:

“Agreement” means, in connection with the supply of GTA and Core Network Managed Services only, an agreement entered into between the Principal and the Contractor in respect of GTA and Core Network Managed Services in the form attached to this Module 11A;

“Principal” means, in connection with the supply of GTA and Core Network Managed Services, the entity described in the Agreement Details and includes its Personnel;

and a capitalised term not defined above has the meaning given to it in the Dictionary. (b) The definitions above shall apply to the exclusion of any equivalent defined term contained

elsewhere in the Agreement for the purposes of GTA and Core Network Managed Services. 2. AGREEMENT PROCESS The Principal or its nominated Managed Service Provider may specify the nature of GTA and Core

Network Managed Services sought and provide all relevant details relating to those services as required to be completed in the Agreement.

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3. AMENDMENTS TO THE TERMS OF THE AGREEMENT To the extent the Agreement relates to GTA and Core Network Managed Services, the Agreement is

automatically terminated in relation to those Services immediately upon the termination or expiry of contracts for the supply of the GTA Category 1B Services and/or Core Network Services to which they relate.


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MODULE 12 SYSTEMS INTEGRATION SERVICES


the provision of Systems Integration Services. 1.2 In this Module, unless the contrary intention appears:

“System” means the system specified in the Agreement that the Contractor must provide after it has performed the Systems Integration Services.

“Systems Integration” means, in relation to a System, the process of assembling complete systems out of many components and integrating them so that all the components work together.

“Systems Integration Services” means the Services for Systems Integration specified in the Agreement to be provided by the Contractor to the Principal.

“Test Data” means data or input that is used to ensure that an algorithm or program functions correctly.

“Warranty Period” means for Systems Integration Services, the first 90 days after the AAD for the Services or any greater period specified in the Agreement Details.

1.3 Other capitalised words and expressions used in this Module are defined in Part 3 of the Agreement.

2. PERIOD OF SERVICES 2.1 The Systems Integration Services must be provided for the period of the Agreement unless the

Agreement is earlier terminated in accordance with the provisions thereof. 3. COMPONENTS OF THE SYSTEM 3.1 If, as part of the Systems Integration Services, a Deliverable is required to which the terms or

conditions of another Module relate, those Deliverables may be procured by the Contractor either:

(a) as a Nominee Purchaser, by placing an order under the relevant agreements; or

(b) as specified in the Agreement.

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3.2 For the avoidance of doubt:

(a) Hardware must be procured in accordance with the terms and conditions of Module 1 (Hardware Acquisition and Installation);

(b) Hardware must be maintained in accordance with the terms and conditions of Module 2 (Hardware Maintenance Services);

(c) Software Products must be licensed to the Principal in accordance with the terms and conditions of Module 3 (Licensed Software);

(d) Development Services for a Systems Integration must be procured in accordance with the terms and conditions of Module 4 (Development Services);

(e) Software Support must be procured in accordance with the terms and conditions of Module 5 (Software Support Services);

(f) IT Personnel must be engaged in accordance with the terms and conditions of Module 6 (IT Personnel);

(g) Professional Services must be procured in accordance with the terms and conditions of Module 7 (Professional Services);

(h) Data Services must be procured in accordance with the terms and conditions of Module 8 (Data Management);

(i) Telecommunications Services must be procured in accordance with the terms and conditions of Module 9 (Telecommunications Services);

(j) Web hosting Services and Internet Services must be procured in accordance with the terms and conditions of Module 10 (Web Services); or

(k) Managed Services must be procured in accordance with the terms and conditions of Module 11 (Managed Services).

4. SYSTEMS INTEGRATION SERVICES 4.1 The Contractor must provide the Systems Integration Services specified in the Agreement.

The Contractor shall assume project management and control including management of the project risks which are identified as the Contractor’s responsibility under the Agreement.

4.2 The Contractor shall supply the Deliverables specified in the Agreement. 4.3 The Systems Integration and Systems Integration Services must as a minimum meet the

Contract Specifications. 4.4 The Contractor agrees to provide a transition out plan that meets the obligations set out in

clause 10 within 30 days of the Commencement Date. 4.5 The Principal must include in or annex to the Agreement its Statement of Requirements. The

Principal, in accordance with clause 8, Part 2 of the Agreement, must as soon as practicable:

(a) make available to the Contractor all relevant instructions, information, data, documents, specifications, plans, drawings and other materials; and

(b) answer queries made by the Contractor relating to the Principal’s requirements in connection with the provision of the System.

4.6 The Principal shall supply the Principal’s Materials specified in the Agreement and comply with

its obligation under clause 8, Part 2 of the Agreement to repair or replace the Principal’s Materials.

4.7 The Principal will allow the Contractor reasonable access to the Site for the purpose of meeting

its obligations to supply the System Integration Services. 5. IMPLEMENTATION PLANNING STUDY

5.1 The Contractor shall prepare an implementation planning study in accordance with clause 11.6,

Part 2 of the Agreement. 2

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6. PROJECT IMPLEMENTATION AND PAYMENT PLAN (PIPP) 6.1 The Contractor must prior to performing the Systems Integration Services prepare a PIPP for

the approval of the Principal, which when approved forms part of the Contract Specifications. 6.2 Without limiting the effect of clause 4.1, the Contractor must perform the Systems Integration

Services at the times and in the manner set out in the PIPP. 6.3 A Party may periodically review the PIPP. A Party must not unreasonably refuse a Change

Request to adjust the Services or to improve the Services under the PIPP. 6.4 The Contractor must in accordance with the PIPP implement all activities set out in the PIPP

for the performance of the Systems Integration Services and perform any other Services specified in the Agreement.

6.5 The PIPP for the Systems Integration Services must, unless otherwise specified in the

Agreement, include the following Stages:


(i) Principal’s existing system, if necessary;

(ii) System;

(iii) Principal’s goals, requirements and expectations in respect of the Systems Integration which must include a statement of:

(A) the Contractor’s understanding of the Principal’s and/or User’s experience and requirements in relation to the Systems Integration;

(B) the objectives to be met by the Contractor; and

(C) the scope of the Systems Integration;

(iv) required Deliverables;

(v) resources required (including any resources to be made available by the Principal); and

(vi) complexity of the project;

(b) a feasibility study in which the Contractor makes the determination (and includes any appropriate recommendations) as to whether the Contractor’s Systems Integration Services proposals are capable of meeting Principal and/or User’s needs and expectations taking into account budgetary, operational, technical and time considerations;

(c) Development of a strategy for the Systems Integration that is appropriate for the Principal’s needs and its User population covering all appropriate planning and timetabling issues associated with the Systems Integration Services including:






(vi) implementation of the Services;

(d) Implementation of the Systems Integration Services in accordance with clause 4;

(e) Testing and acceptance of the Systems Integration in accordance with clause 10.5, Part 2 of the Agreement.

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7. MAINTENANCE OF PRINCIPAL’S MATERIALS 7.1 If specified in the Agreement, the Contractor is hereby appointed as agent to manage any

existing maintenance obligations in respect of Principal’s Materials specified in the Agreement during the period of the Agreement.

8. SYSTEM ACCEPTANCE

Certificate of Acceptance 8.1 Acceptance of all or any part of the System Integration Services, will only occur

(a) after completion of Acceptance Tests on the System in accordance with clause 10.5, Part 2 of the Agreement; and

(b) on the date specified in the certificate of acceptance issued to the Contractor by the Principal.

8.2 For the purposes of clause 10.5.10, Part 2 of the Agreement, a certificate of acceptance under

10.5.10(a) will be the only sufficient form of notification of acceptance that the Systems Integration Services have been performed in accordance with the Agreement.

8.3 The Principal must issue the certificate of acceptance within the Acceptance Notification Period

after the successful completion of the Acceptance Tests in relation to the System, or notify the Contractor that the Contractor that the Principal is not satisfied on reasonable grounds that the Acceptance Tests have been passed.

Final System Acceptance

8.4 Once all of the Systems Integration Services have been performed and each Deliverable

comprised in the System, tested and certified as accepted by the Principal, final System Acceptance Tests in accordance with clause 10.5, Part 2 of the Agreement may be conducted by the Principal.

8.5 Unless the Principal has notified the Contractor that it is not satisfied that the final System

Acceptance tests have been passed, the Principal must issue a final System certificate of acceptance within the Acceptance Notification Period after it has conducted final System Acceptance Tests.

9. SYSTEM WARRANTY 9.1 The Contractor warrants that all components of the System will combine and interact with each

other in accordance with the Contract Specifications. 9.2 Without limiting any other rights of the Principal, the Contractor will promptly rectify any Defect

in the System that occurs as a result of the Systems Integration Services during the first 90 days after the AAD for the Services or any greater Warranty Period specified in the Agreement Details.

10. TRANSITION OUT PLAN 10.1 The Contractor shall, within 6 months of the commencement of the Agreement if required by

the Principal develop to the Principal’s satisfaction a comprehensive transition out plan on a Time and Materials basis. The parties shall annually (or other period deemed appropriate by the Principal) review the transition out plan and the Contractor shall implement any agreed changes.

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11. TRANSITION OUT 11.1 On termination of the Systems Integration Services for any reason, and subject to any other

requirements in the Agreement, the Contractor will, if requested by the Principal for the period of up to 6 months on the same terms of the Agreement, assist the Principal in transferring responsibility for providing the Systems Integration Services either to an alternative service provider or to the Principal itself. Unless otherwise specified in the transition out plan, the Contractor must implement arrangements for:

(a) the novation or assignment (to the extent practical) of any third party agreements, licences and other contractual arrangements entered into by the Contractor for the purposes of the Agreement (‘agreements’) or the transfer of management responsibility in respect of such agreements, from the Contractor to an alternative service provider or to the Principal. The Contractor must use its reasonable commercial endeavours to ensure that the transfer is effected without incurring to the Principal, any increases in or transfer charges for the products and services to which those agreements relate;

(b) an offer to sell to the alternative service provider or to the Principal itself at fair market value any equipment used by the Contractor in conjunction with and dedicated solely to the delivery of the Systems Integration Services;

(c) the transfer of the Principal’s data to an alternative service provider and/or to the Principal itself; and

(d) the granting by the Contractor to an alternative service provider and/or to the Principal itself of access to all material held by the Contractor and produced in connection with and for the purposes of delivering the Systems Integration Services, regardless of the manner of storage, save that:

(i) there is no requirement pursuant to this sub-clause 11.1(d) for the Contractor to assign any Intellectual Property Rights in such material; and


11.2 This clause 11 survives termination or expiry of the Agreement for a period of 6 years.

© State of New South Wales and State of Queensland. MODULE 12

[PART SIX]

PART 6 - SERVICE LEVEL AGREEMENT (SLA)

[PART SIX]

SLASERVICE LEVEL AGREEMENT

Document Control VERSION HISTORY

Version Date Comments

Draft 01

DOCUMENT DISTRIBUTION

Copy NO Location Holder

01

02

03

04

05

06

07

08

REVIEW AND APPROVAL

Company Name Date Signature

** There are a number of guidance notes in grey italicised print included in the SLA for consideration in completing the SLA. These are included simply as suggestions. Users should obtain legal or other professional advice in developing an SLA to achieve their objectives and derive maximum benefit from the Service relationship.

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Contract No: Parties Principal And Contractor 1. GENERAL Terms and Conditions 1.1 The terms and conditions included in this Service Level Agreement form part of the Agreement and apply for (select as appropriate):


Software Support Services

IT Personnel

Professional Services

Data Management

Telecommunications

Web Services

Managed Services

Systems Integration In the event of any inconsistency between the Agreement and the provisions of this SLA, the Agreement will prevail to the extent of the inconsistency. The Parties agree that the SLA will provide a further level of detail consistent with higher-level contract expectations that will not constitute an inconsistency for the purposes of this clause. Purpose of SLA 1.2 This SLA provides a mutual understanding of the Service Level expectations of the Parties and defines a benchmark for measuring the performance of the Service. Insert details of any guiding principles such as continuous improvement, continuous satisfaction, proactive solutions and so on that the Parties wish to apply to the relationship. Duration of SLA 1.3 This SLA will commence on insert commencement date and expire on insert expiration date. Review 1.4 This SLA will be reviewed every 3/6/12 months from the date the SLA commences. 1.5 Where the Contractor is required to provide scoping Services after the commencement of this SLA, the Parties agree to review the SLA at the completion of those Services and update the SLA accordingly. Nominated Contracts/Management Committee 1.6 Each Party should nominate a contact officer for the management of Service Level issues or establish a Management Committee in accordance with clause 11.2 of the Agreement. Management Meetings 1.7 Identify when and how often these should occur (clause 11.2 of the Agreement) Notification Procedure 1.8 How are problems in relation to performance of the Services to be notified by the Principal to the Contractor?

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Escalation Procedure 1.9 The responsible officers in each Party’s organisation should be identified and the circumstances in which matters may be escalated to those officers for review and resolution.

Escalation Level Officer

Level 1 Principal: Service Level Agreement Manager Name and Contact Details

Contractor: Service Level Agreement Manager Name and Contact Details

Level 2 Principal:

Contractor:

Level 3 Principal:

Contractor:

* Table 1 Escalation levels

Site Information 1.10 Location, specific requirements or unique features about the Site should be set out here, as applicable (clauses 8.4 and 11.5 of the Agreement). Hours of Operation 1.11 What are the Principal’s normal hours of operation? When can Services be performed with minimal disruption to the Principal’s operations? Contract Variations 1.12 Where the Principal requires services that are not included in the SLA or in the Agreement, or there is a significant change to the Services to the scope of the Principal’s requirements under the Agreement which impacts on the contractual terms, then a Contract Variation must be effected in accordance with clause 13.2 of the Agreement. Referenced Documents 1.13 Include details of any Documents that are relevant to the performance of the Services (see clause 10.6 of the Agreement). 2. SERVICES Principal Responsibilities 2.1 Identify any resources that are to be supplied by the Principal and any responsibilities that are to be retained by the Principal (see clause 8 of the Agreement). Contractor Provided Services 2.2 The Contractor agrees to provide the following Services: Include a brief description of the Services to be provided by the Contractor. 2.2.1 Transition In: Specify the nature of transition in assistance required by the Principal from the Contractor in relation to transfer of equipment, contracts and disengagement from former contractors or in-house service providers.

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2.2.2 Management and Consulting In addition to ensuring that the Contractor has adequate resources to provide the Services, are there other management services required of the Contractor? Are there external contractual relationships or procurement issues that the Contractor is expected to manage? (a) Service review and planning for the future See clause 11.4 of the Agreement. The items for review could include:

Service provided during rhe review period

Major incidents during the review period

Problems that remain outstanding

Review of Contract Variation requests and progress for enhancements

Review of any Contract Variation plan

Future events or business developments that will affect the Service

Review any potential changes required to the SLA

Agree items for submission to the executive decision making

Review schedules for Services provided (b) Reporting and Analysis See clauses 7.10 and 11.3 of the Agreement. Identify the reports and analysis the Principal requires the Contractor to generate as to Service Level performance. (c) Risk Management and Problem Prevention (d) Quality Management (e) Asset Management The Principal may require the Contractor to produce a plan for review and approval in relation to the above three issues. The plan would be the basis for benchmarking and assessing Service Level performance. 2.2.3 Disaster Recovery and Business Continuity Planning See Clause 11.12 of the Agreement. The Principal may require the Contractor to prepare a plan for review and approval. The plan would be the basis for benchmarking and assessing Service Level performance. 2.2.4 Security (a) Information Security Is the Contractor able to access or use Personal or Confidential Information, or Principal Data in the course of providing the Services? Are there practical requirements, in addition to the contractual requirements in clauses 5 and 6 of the Agreement that should be specified? (b) Security Audit and Internal Audit The Principal may require the Contractor to provide a plan demonstrating how it will protect such information or data and take action against employees, against or subcontractors if they do not abide by that plan. The plan would be the basis for benchmarking and assessing Service Level performance.

2.2.5 Transition Out Refer to relevant Modules to determine whether transition out assistance is required. Specify the transition out or disengagement services required from the Contractor.

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2.2.6 Technical


Software Support Services

IT Personnel

Professional Services

Data Management

Telecommunications

Web Services

Managed Services

System Integration Services

Define technical expectations of the Principal, as appropriate. 3. ASSUMPTIONS 3.1 This clause is intended to provide a contextual reference for the assessment of the Contractor’s performance against the Service Level. There are a number of issues that may be outside of the Contractor’s control that could adversely impact on the Contractor’s capacity to deliver against set performance criteria such as the continuous availability of telecommunications links, bandwidth capacity or third party service interruption issues. 3.2 Also it may be an expectation of the Principal that the Contractor, in performing the Service, adheres to specific policy or procedural requirements that should be included in this clause. 3.3 In some instances the Service Levels may have been agreed prior to a scoping phase being completed under the Agreement. In that instance the Service Levels may be agreed against representations made by the Principal or a notional assessment of the scope of the task expressed as sizing metrics in terms of number of users, outputs, data volumes and so on. 4. RESPONSIBILITIES 4.1 Principal Responsibilities Responsibility Indicate the Responsibility e.g. maintenance of Principal retained equipment that impact on Contractor Service Levels if for instance the Service is provided off site.

(a) Benchmarking (b) Service Level

4.2 Contractor Responsibilities Service Indicate the Service e.g. Server maintenance

(a) Benchmarking (b) Service Level

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5. PERFORMANCE MEASUREMENT Depending on the type of Service provided by the Contractor, the performance may be measured on the basis of User satisfaction through review, virtual client assessment or survey process, or measurable on the basis of functionality, timed responses, frequency, speed, quality, or resolution of issues.

Service/Responsibility Frequency Benchmark Service Level Measurement When measured

Identify Service/Responsibility

(Breakdown into components as necessary)

How often is the Service to be provided?

Outline high level expectations

Detailed performance criteria

Identify method/formula for measurement

Timing

* Table 2 Outcomes and Performance Measurement

6. PAYMENT ISSUES 6.1 Payment Schedule Include a Schedule of Payments or rates for various services. A Rebate and Service Credit regime may then be applied against amounts due to the Contractor. 6.2 Rebates and Service Credits Insert appropriate Rebate and Service Credit regime Guide Notes: The Parties may wish to apply categories of criticality to each Service Level for the purposes of assessing when rebates or service credits should apply. As an example:

Category 1 – High level of criticality Category 2 – Moderate level of criticality Category 3 – Low level of criticality

Rebates for failure to meet a Service Level could be expressed to apply in different percentages depending on the Service Level category outline above. By way of example if a 5% rebate were to apply to monthly charges payable to the Contractor for failure to meet a Service Level, the rate could be expressed as follows: For Service Level Category 1 failures: 100% of the 5% rebate For Service Level Category 2 failures: 50% of the 5% rebate For Service Level Category 3 failures: 10% of the 5% rebate Service credits may be awarded for service delivery that exceeds the agreed targets. Service credits can be offset against any rebate due in an agreed accounting period so that the net Rebate can be calculated. By way of example Service Credits can be accumulated on a monthly basis. The cumulative tally of Service Credits can be reset to zero at the end of an agreed period (perhaps quarterly) after offsetting against the Rebate applicable for that same period. For exceeding all SL Category 1 targets the Service Credit is 50% (of 5%) For exceeding all SL Category 2 targets the Service Credit is 30% (of 5%) For exceeding all SL Category 3 targets the Service Credit is 10% (of 5%)

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7. CONTRACTUAL REMEDIES Where the Contractor does not meet the same Service Level under the Service Level Agreement for each month in a consecutive six (6) month period, the Principal shall be entitled to treat such failure as a substantial breach for the purposes of clause 14.2 of the Agreement. The Parties would otherwise rely on the contractual remedies available in the Agreement:

clauses 3.5 Issue Resolution

clause 10.7 Extension of Time

clause 11.11 Retention of Moneys

clause 12.4 Suspension of Payments

clause 13 Variations

clause 14.1 Termination for Convenience

clause 14.2 Termination of this Agreement for Breach by the Contractor

clause 14.4 Termination for Breach by the Principal 8. INCENTIVES AND INNOVATION Where the Contractor:

(a) exceeds targets for performance consistently over an agreed time period; (b) is innovative in developing new processes or systems; or (c) sources and implements new technologies; and

these accrue benefits and costs savings to the Principal, the Parties may agree to share those costs on terms agreed in the SLA. 9. DEFINITIONS AND INTERPRETATION 9.1 In this Service Level Agreement, unless the contrary intention appears: “Rebate” means the rebate specified in the Service Level Agreement. “Service Credit” means the service credit specified in the Service Level Agreement. 9.2 Other capitalised words and expressions used in this SLA are defined in Part 3 of the Agreement.

Part E – Special Conditions of Agreement


PART E Special Conditions of Agreement The following conditions will apply to this agreement and are to be complied with by all Parties: Public Sector Employment and Management Act 2002 http://www.dpc.nsw.gov.au/public_employment/pay_and_conditions/public_sector_employment_and_management_act_2002 NSW Government Personnel Handbook http://www.dpc.nsw.gov.au/publications/personnel_handbook Privacy and Personal Information Protection Act 1998 http://www.legislation.nsw.gov.au/fullhtml/inforce/act+133+1998+FIRST+0+N Government and Related Employees Appeal Tribunal Act 1980 http://www.legislation.nsw.gov.au/fullhtml/inforce/act+39+1980+FIRST+0+N/default.htm All media, promotional or advertising activity in relation to this agreement or using the name or logo of the NSW government must be cleared through the NSW Department of Premier of and Cabinet. Accurate records of all contact with media must be kept and made available to the department on request. These include records of interview, copies of footage, audio files and/or transcripts.

http://www.dpc.nsw.gov.au/public_employment/pay_and_conditions/public_sector_employment_and_

http://www.dpc.nsw.gov.au/publications/personnel_handbook

http://www.legislation.nsw.gov.au/fullhtml/inforce/act+133+1998+FIRST+0+N

http://www.legislation.nsw.gov.au/fullhtml/inforce/act+39+1980+FIRST+0+N/default.htm

Part E – Special Conditions of Agreement

Part F – Statement of Requirements

NSW Government eRecruitment Solution RFT 0801624

PART F Statement of Requirements


Imp: Importance: Rates the importance of the functionality. The following ratings are used: m = Mandatory v = Vital i = Important d = Desirable

Std: Standard: This must be standard functionality currently available and in use by current clients for more than 6 months. Include at least one of these clients in the Ref column. Indicate configurability of this functionality by responding in the appropriate column according to the following: U = configurable by the end user (not a systems administrator) A = configurable by a systems administrator for that NSW Government Agency C = configurable by a whole of NSW Government system administrator V = configurable by the eRecruitment software vendor N = not configurable

InD: In Development: Functionality has not been used by any current client for more than 6 months or is currently in development and is planned to be part of standard functionality. Please include completion date in the 'Comments'.

Cus: Customised: is not part of currently available software and will require specific development based on the specifications. Include development lead time in the comments section.

N/A: Not applicable: Functionality is neither currently available nor planned to be available. Ref: Reference: Include at least one current client who has been using this functionality for at least 6 months.

Agency NSW Government Agency.Alternate report A report submitted by a panel member who does not agree with the selection recommendation.ANZSCO Australian and New Zealand Standard Classification of OccupationaApplicant Exists in an eRecruitment system and contains a person’s details specific to the vacancy to which they have applied.

Please read these instructions carefully and follow them closely.

The functional requirements have been broken into categories set out in the tabs of this workbook. Within each tab these have been broken into sections. These categories and sections are simply used to group the functionality and may not reflect the way your system is organised.

In each workbook you will see that there are a number of columns. The key for these columns is below.

The functional requirements appear in the rows. Each requirement has a number which is to be interpreted as a breakdown structure – that is where there is a relationship between the requirements. The functional requirement description is indented to assist you with this interpretation.

Each functional requirement has an importance rating. If a row does not have an importance rating then it is only a header to a section or group of requirements. For each row with an importance rating, you must enter an “X” into the column which best represents the capability of the eRecruitment system. ONLY ENTER ONE “X” PER ROW.

Some of the terminology and the functional requirements can be ambiguous. To assist we have provided a glossary below. Where you are not clear about the meaning, please either request clarification or explain your interpretation in the comments section.

COLUMN KEY

GLOSSARY


Applicant assessment process

The linear sequence of steps that are involved in managing an applicant through the recruitment process. For example new, reviewed, interviewed, offered, appointed.

Appointed The process of appointing (or hiring) the selected applicant.Appointee The person appointed as a result of the interview and selection process.Assessment form This is an online form within the back office view which enables system users to enter assessments about a candidate in a structured form (for example an interview scoring matrix).

Back office This terminology is used to describe access to the eRs by any user other then the candidate/job seeker who access the system via the Front-end as apposed to the back office.Candidate Exists in an eRecruitment system and contains all of a person’s details including from all applications they have made.Candidate list view A list of candidates or applicants viewed from within the eRecruitment system.Capability A standardised requirement for an individual to properly perform a specific job. It encompasses a combination of knowledge, skills and behaviour utilised to improve performance. It is envisaged

that the selection criteria will be driven by a capability library.A capability defines those specific skills, knowledge and abilities which are needed in particular jobs.

Case Manager This is a specific user role within NSW Government. The Case Manager is responsible for finding suitable roles for excess employees.Eligibility list (E-list) An eligibility list for an advertised position is a list of one or more applicants who are eligible for appointment to the position but not selected for appointment. An eligibility list may contain only one

person or a number of people. It does not need to include all eligible people, only those of greatest merit, and must be arranged in order of merit. A cross-sector e-list can be used where the positions are substantially the same but are established in differnet NSW Government agencies.

EOI Expressions of interest. A term used to describe the process of communicating a temporary role to public sector employees only - either at agency or broader level. EOI’s are generally used to fill temporary vacancies as permanent recruitment policy requires full merit section open to internal and external candidates. Seeking expressions of interest internally for positions vacant for short periods can be both an effective use of resources and provide career development opportunities for employees.

To widen the field of applicants and provide cross-sector development opportunities, expressions of interest may also be sought from both internal employees and other public sector employees. While the expression of interest process need not be as structured as a full merit selection process, selection of applicants must nevertheless adhere to the principles of merit selection and be accountable. That is, vacancies should be advertised, at least internally, applications called for, appropriate selection criteria and methods determined, and an open and transparent selection process used

ETASS Facilitates the employment screening of all NSW Education and Training agencies.Excess employees Terminology used to depict employees whose roles have been made redundant. Previously referred to as displaced employees.

Front end Used to describe job seeker views and access to the eRs.GREAT appeal Government and Related Employees Appeal Tribunal (GREAT) Act 1980 enables current NSW Government employees who have applied for an advertised position and been unsuccessful to

appeal the decision.Identified positions Identified positions are positions in which the Aboriginal client group is the major group affected by the work of the occupant and involves working with Aboriginal clients and developing services

and programs which have an impact on the Aboriginal community.Job template Contains a template of the information which is used in the recruitment process for a specific role. This includes the position description, advertising copy, interview guide and assessment

workflow. It is used at the start of the process to pre-populate a requisition.PCAT Position Coding Automated Tool. The Position Code is a new item on the annual NSW Public Sector Workforce Profile Data Collection from 2002.

ALL new and amended positions must be coded using PCAT which asks a series of questions about each position. The questions will differ for each position depending on its nature. An output report is generated which provides the code for that position.

Recruitment supplier Recruitment agency or contingent labour provider.

Requisition Contains the information about the role(s) which is being or has been filled, such as data from the “request to advertise”, the applications, assessments of the candidates, the selection report and other details.

Rolling recruitment An approach to recruitment whereby candidates are continuously sourced through an open requisition and then progressed to assessment and added to an eligibility list for matching to future vacancies.

RRU Recruitment and Redeployment Unit - A department within DPC responsible for managing the excess employee pool.Selection report The report submitted for approval once a selection recommendation has been made by the selection panel.


Service Check A service check is completed for all Public Service applicants who are recommended for appointment. It will usually follow a format listing the position recommended to, the applicant’s current department and position, their employment status and a brief comment on their conduct and services.

Targeted positions A targeted position is a process for filling mainstream positions using tailored advertising and recruitment strategies to maximise applications from a particular group within the community i.e. Aboriginal people.

Unique applicant This is the measure used to report on the number of applications in a period from unique persons (i.e. it counts multiple applications from a single person as one application).Work type This describes whether the appointment is permanent, part-time etc.

PLEASE NOTE:Your responses may be validated during the vendor evaluation phase. For this purpose you may need to provide access to a demonstration account of your eRS on the production environment for a period of two weeks. Our resources will complete a first pass review of the functional requirements. For those items we are unable to validate we will require you to attend our premises to demonstrate to the satisfaction of our resources that this functionality meets our requirements.


Imp InD Cus N/A Ref CommentsU A C V N

1.1 Ability to add, edit and delete Organisation Units m1.2 Ability to add, edit and delete Organisational hierarchy with the following levels:1.2.1 1st level (Whole of NSW Govt) m1.2.2 2nd level (Government Agency) m1.2.3 3rd level (Department with an Agency) m1.2.4 4th level (Division within a Department of an Agency) v1.2.5 More levels (please indicate the limit on the number of tiers in the comments column) i1.3 Ability to add, edit and delete Job categories m1.4 Ability to add, edit and delete Job category hierarchy with the following levels:1.4.1 1st level Job category (e.g. Policy) m1.4.2 2nd level Job category (e.g. advisor / analyst) v1.4.3 3rd level Job category (e.g. economic) v1.4.4 4th level i1.4.5 More levels (please indicate if the limit on the number of tiers in the comments column) d1.5 Ability to add, edit and delete Locations m1.6 Ability to add, edit and delete Location hierarchy with the following levels:1.6.1 1st level (NSW) m1.6.2 2nd level (Regions including metro) m1.6.3 3rd level (Office location) i1.6.4 More levels (please indicate if the limit on the number of tiers in the comments column) d1.7 Ability to add, edit and delete the organisation units for which the locations are relevant i1.8 Ability to add, edit and delete the job categories for which the locations are relevant i1.9 Ability to add, edit and delete User types, including: m1.9.1 Ability to create a set of Government specific user types (eg. Convenor) with profiles that have user defined fields for data

capture. Please specify if there is a limit to the number of user types that can be created in the comments column.m

1.9.2 Ability to set access permissions by user type: m1.9.2.1 Changes in access permissions made to the user type automatically update permissions for all users of that type m

1.10 Ability to add, edit and delete user groups, including: m1.10.1 The organisations units from the first level of the organisation hierarchy for which the user group has access m1.10.2 The organisations units from the second level of the organisation hierarchy for which the user group has access m

1.10.3 The organisations units from the third level of the organisation hierarchy for which the user group has access v1.10.4 The organisations units from the fourth level of the organisation hierarchy for which the user group has access i

Please mark your response with an 'x' in the correct column. Refer to instructions tab for column key. Only enter one "x" per row.

GENERAL

Administration

Std




GENERAL Std

1.10.5 The organisation units from the further levels of the organisation hierarchy for which the user group has access (please indicate the limit of tiers for which the user group can be assigned in the comments column)

d

1.10.6 The job categories from the first level of the job category hierarchy for which the user group has access i1.10.7 The job categories from the second level of the job category hierarchy for which the user group has access d1.10.8 The job categories from the third level of the job category hierarchy for which the user group has access d1.10.9 The job categories from the fourth level of the job category hierarchy for which the user group has access d1.10.10 The job categories from the further levels of the job category hierarchy for which the user group has access (please indicate

the limit of tiers for which the user group can be assigned in the comments column)d

1.10.11 The locations from the first level of the location hierarchy for which the user group has access i1.10.12 The locations from the second level of the location hierarchy for which the user group has access d1.10.13 The locations from the third level of the location hierarchy for which the user group has access d1.10.14 The locations from the further levels of the location hierarchy for which the user group has access (please indicate the limit

of tiers for which the user group can be assigned in the comments column)d

1.11 Ability to add, edit and delete users, including: m1.11.1 The user types the user can be m1.11.2 The user groups the user belongs to m1.11.3 The organisation units for which the user has access m1.12 Ability to add, edit and delete standard costs for the following. These costs are automatically calculated by the system when

that service is used:1.12.1 Job boards i1.12.2 Print media costs i1.12.3 Online tests d1.12.4 Probity checks i1.12.5 Qualification checks i1.12.6 Medical checks i1.12.7 Shared Service Costs i1.12.8 Recruitment supplier costs i1.12.9 Other items such as Service Checks i1.13 Ability to add, edit and delete user defined fields, including in the following sections: m1.13.1 Requisition (in the comments column please indicate if there is a limit on the quantity and type) m1.13.2 Candidate record (in the comments column please indicate if there is a limit on the quantity and type) m1.13.3 Offer (in the comments column please indicate if there is a limit on the quantity and type) v1.13.4 User record (in the comments column please indicate if there is a limit on the quantity and type) d1.14 Ability to format user defined fields v1.15 Ability to create user defined fields which are mulitple choice m1.16 Ability to assign the organisation units relevant for each user defined field i1.17 Ability to add, edit and delete position classifications, including the ability to assign: v1.17.1 The organisation units relevant for each v




GENERAL Std

1.17.2 The job categories relevant for each i1.18 Ability to add, edit and delete position grades, including the ability to assign: v1.18.1 The organisation units relevant for each v1.18.2 The job categories relevant for each i1.19 Ability to add, edit and delete applicant assessment processes, including the ability to assign: m1.19.1 The organisation units relevant for each (i.e. Different organisation units have a different set of candidate statuses and

workflow options e.g. the applicant statuses and workflow options required by one agency may be different to the statuses and workflow options required by another).

v

1.19.2 The job functions relevant for each (i.e. Different job functions can have a different set of applicant statuses and workflow options for example the workflow used to recruit an administration officer may be different to the workflow used to recruit a case worker)

v

1.19.3 For each status in each Applicant assessment process flow, the ability to assign it to a NSW Government Sector global status (these will be used for cross sector reporting)

m

1.20 Ability to add, edit and delete capabilities from the NSW Government Capability Framework, including the ability to assign: m

1.20.1 The organisation units relevant for each v1.20.2 The job categories relevant for each d1.20.3 The elements for each (note: there are a number of elements for each capability) v1.20.4 The behavioural criteria levels for each (note: there are up to 6 levels for each element) v1.20.5 User types which have access to add, edit and delete these v1.21 Ability to add, edit and delete pre-screening questions, including the ability to assign: m1.21.1 The organisation units relevant for each v1.21.2 The job categories relevant for each i1.21.3 User types which have access to add, edit and delete these v1.22 Ability to add, edit and delete approval paths, including the ability to assign: v1.22.1 The organisation units relevant for each v1.22.2 The job categories relevant for each i1.22.3 The locations relevant for each i1.22.4 The groups relevant for each i1.23 Ability to add, edit and delete cost centre codes, including the ability to assign: v1.23.1 The organisation units relevant for each i1.24 Ability to add, edit and delete fields which appear in the requisition, including the ability to assign: v1.24.1 The organisation units relevant for each v1.24.2 The type of requisition relevant for each (note: A requisition for a temporary role will contain less fields than for a permanent

role)v

1.25 Ability to add, edit and delete application sources, including the ability to assign: m1.25.1 The organisation units relevant for each v1.25.2 The job categories relevant for each i




GENERAL Std

1.25.3 The locations relevant for each d1.26 Ability to add, edit and delete front end job lists, including the ability to assign: m1.26.1 The organisation units relevant for each (e.g. Department of Commerce job list) m1.26.2 The job categories relevant for each (e.g. Administration Jobs list) v1.26.3 The application source relevant for each (e.g. Source displays as DPC jobs) i1.26.4 User types which have access to add, edit and delete these v1.27 Ability to add, edit and delete external job boards (e.g. Seek as a sourcing option), including the ability to assign: v1.27.1 The organisation units relevant for each (e.g. Can specify which organisation units see which sourcing options) v

1.27.2 The job functions relevant for each (e.g. Only Executive Roles have the option to post to Seek Executive) i1.27.3 The application source relevant for each (e.g. Administrator specifies the source label for applications from external job

boards)i

1.28 Ability to add, edit and delete recruitment suppliers, including the ability to assign: m1.28.1 The organisation units for which recruitment suppliers are approved v1.28.2 The job categories for which recruitment suppliers are approved i1.28.3 The locations for which recruitment suppliers are approved d1.28.4 The application source relevant for each i1.28.5 User types which have access to add, edit and delete these v1.29 Ability to add, edit and delete correspondence templates, including the ability to assign: m1.29.1 The organisation units relevant for each m1.29.2 The job categories relevant for each d1.29.3 The locations relevant for each i1.29.4 The groups relevant for each v1.29.5 The applicant assessment process relevant for each v1.29.6 User types which have access to add, edit and delete these m1.30 Ability to configure the back office to match the look and feel of the jobs.nsw brand (ie logos, colours, banners etc) d

2.1 Back office users access the system via the Internet or Intranet m2.2 Back office users have a secure password protected facility to log in to the system m2.3 Back office users are forced to change their password when they log on for the first time v2.4 Ability to force user's to change their password periodically i2.4.1 Ability to assign this to particular user types d2.5 Ability for approvers to access the system through a link contained in an email without logging in specifically for the approvals

of requisitionsm

2.5 Ability for panel members to access the system through a link contained in an email without logging in specifically for: v

2.5.1 Reviewing applications on a requisition for which they are a panel member v2.5.2 Completing an assessment form i

Back office access




GENERAL Std

2.5.3 Contributing to and approving a selection report i2.6 Ability to view system of logs all administration and configuration change activity by administrators (please indicate which

actions are not able to be tracked in this way)i

2.7 Ability to set user access permissions to Requisitions m2.7.1 Limit to those requisitions for which the user is:2.7.1.1 A participant (eg. the Convenor, HR support or panel member) m2.7.1.2 An employee of the organisation specified on the requisition m2.7.1.3 A service provider for that organisation on the requisition m2.7.1.4 A member of a group with access v2.7.2 Ability to set user access permissions to limit access to or from the following parts of the requisition2.7.2.1 Sensitive information such as pay details m2.7.2.2 Add and delete pre-screening questions to the requisition from question library i2.7.2.3 Add, edit and delete ad hoc pre-screening questions to the requisition i2.7.2.4 Add and delete capabilities to the requisition from the capability library v2.7.2.5 Create and edit approval path m2.7.2.6 Post requisition to online media m2.7.2.7 Change status of the requisition m2.7.2.8 Attach files i2.7.2.9 Remove files i2.7.2.10 Cut and paste selection criteria from existing position decriptions to the requisition i2.8 Ability to set user access permissions to Job templates m2.8.1 Limit to those job templates for which the user is:2.8.1.1 An employee of that organisation granted access to the Job Template m2.8.1.2 A service provider for that organisation granted access to the Job Template m2.8.1.3 A member of a group with access v2.8.2 Limit access to or from parts of the job template m2.8.2.1 Sensitive information such as pay details m2.8.2.2 Add or remove pre-screening questions to the job template from the question library i2.8.2.3 Add or remove capabilities to the job template from the capability library v2.8.2.4 Add or remove capability-driven selection criteria to the job template from the library v2.8.2.5 Add, edit and delete ad hoc pre-screening questions to the job template i2.8.2.6 Add, edit and delete ad-hoc capability-driven selection criteria to the job template v2.8.2.7 Add, edit and delete ad-hoc capabilities to the job template (i.e. technical vs. generic capabilities) v2.8.2.8 Add, edit and delete Interview Guides and questions to the job template i2.8.2.9 Add, edit and delete advertising copy to the job template i2.8.2.10 Add, edit and delete survey forms i2.8.2.11 Change the applicant assessment process flow in the job template i2.8.2.12 Add, edit and delete emails, letters and printable forms to the job template i




GENERAL Std

2.8.2.13 Add, edit and delete assessment forms i2.8.2.14 Create and edit the requisition approval path i2.8.2.15 Create and edit the selection report approval path i2.8.2.16 Attach files i2.8.2.17 Remove files i2.8.2.18 Save as new Job Template m2.9 Ability to set user access permissions to Applications m2.9.1 Limit to those applications for which the user is:2.9.1.1 A participant in the requisition (eg. the Convenor, HR support or panel member) m2.9.1.2 An employee of that organisation on the requisition m2.9.1.3 A service provider for that organisation on the requisition m2.9.1.4 A member of a group with access v2.9.2 Limit access to the following parts of the applicant record:2.9.2.1 View sensitive data m2.9.2.2 View contact details i2.9.2.3 Add comments m2.9.2.4 Send correspondence m2.9.2.5 Attach to another requisition v2.9.2.6 Enter grade i2.9.2.7 Change status v2.9.2.8 Edit applicant data m2.9.2.9 Attach file i2.9.2.10 The ability to print the application i2.9.2.11 The ability to create a manual application v2.9.2.12 The ability to view survey results i2.10 Ability to set user access permissions to candidate records m2.10.1 Limit access to the following parts of the Candidate record:2.10.1.1 The ability to view sensitive data m2.10.1.2 The ability to view contact details i2.10.1.3 The ability to add comments m2.10.1.4 The ability to send correspondence m2.10.1.5 The ability to Attach to another requisition v2.10.1.6 The ability to view all applications the candidate has submitted m2.10.1.7 The ability to change the status of the candidate record v2.10.1.8 The ability to edit candidate data m2.10.1.9 The ability to attach and remove files from the candidate record v2.11 Ability to set user access permissions to the Reporting tool m2.11.1 Limit to the data for which the user is:




GENERAL Std

2.11.1.1 A participant in the requisition (eg. the Convenor, HR support or panel member) v2.11.1.2 An employee of that organisation on the requisition v2.11.1.3 A service provider for that organisation on the requisition v2.11.1.4 A member of a group with access v2.11.2 Limit access to parts of the reporting tool, including: m2.11.2.1 Ability to build ad-hoc reports m2.11.2.2 Ability to save built reports as standard reports m2.11.2.3 Ability to run / view standard reports v2.11.2.4 Ability to run / view built reports v2.11.2.5 Ability to schedule reports to run automatically v2.11.3 Limit to the reports for which the user is:2.11.3.1 An employee of that organisation which has access m2.11.3.2 A service provider for that organisation which has access v2.11.3.3 A member of a group which has access m2.12 Ability to set user access permissions on searching the database m2.12.1 Limit access to parts of the searching tool, including: m2.12.1.1 Advanced searches m2.12.1.2 Saved searches v2.12.1.3 Ability to customise search fields available for searching m2.12.1.4 Contextual search v2.12.2 By user type (e.g. case managers can only access excess employees and no other candidates) m2.12.3 To candidate records for applicants who have applied to the organisation the user is in m2.12.4 To requisitions for which the user is:2.12.4.1 A participant in the requisition (eg. the Convenor, HR support or panel member) m2.12.4.2 An employee of that organisation on the requisition v2.12.4.3 A service provider for that organisation on the requisition v2.12.4.4 A member of a group with access to that requisition m2.12.5 To applications on requisitions for which the user is:2.12.5.1 A participant (eg. the Convenor, HR support or panel member) m2.12.5.2 An employee of the organisation specified on the requisition v2.12.5.3 A service provider for that organisation on the requisition v2.12.5.4 A member of a group with access to that requisition m2.13 Ability to set user access permissions to the system administration m2.13.1 Limit access to configure the client-configurable aspects of the system to users who are:2.13.1.1 An employee of that organisation v2.13.1.2 A service provider for that organisation v2.13.1.3 A member of a group with access v2.13.2 Limit access to the ability to add, edit or delete the following specific to their organisation:




GENERAL Std

2.13.2.1 Organisation structure v2.13.2.2 Job category structure v2.13.2.3 Location structure v2.13.2.4 Users v2.13.2.5 User groups v2.13.2.6 Sources i2.13.2.7 Correspondence m2.13.2.8 Pre-screening questions m2.13.2.9 Capabilities v2.14 Ability to configure dashboard views based on User types (eg Convenors have a different view than HR advisors) i2.15 Ability to set user user access permissions to allow bulk updates via upload or other means to update standard

checks/assesment resultsv

3.1 When initiating a requisition the list of available job templates is contextual to the user's organisation (i.e. only the relevant options appear for that organisation)

m

3.2 The fields which appear in the requisition are contextual to:3.2.1 The user's organisation (i.e. only the relevant fields appear for that organisation) v3.2.2 The requisition type (i.e. only the relevant fields appear for that requisition type. This is required as there are far less fields

required to create a requisition for a temporary role than for a permanent role)v

3.3 The following fields appear with a list of values in the requisition and for each the list of values is contextual to the user's organisation (i.e. only the relevant options appear for that organisation / agency):

3.3.1 List of HR support staff v3.3.2 List of Convenors v3.3.3 List of case managers v3.3.4 List of approvers v3.3.5 Organisations units m3.3.5.1 Including multiple levels v3.3.6 Job categories v3.3.6.1 Including multiple levels v3.3.7 Locations m3.3.7.1 Including multiple levels v3.3.8 User groups i3.3.9 Position classifications v3.3.10 Position grades v3.3.11 Applicant assessment process flow v3.3.12 Pre-screening questions v3.3.13 Capabilities (technical and behavioural) v3.3.14 Careers sites available m

Contextual views and lists




GENERAL Std

3.3.15 Recruitment suppliers available v3.3.16 External job boards available v3.3.17 Pre-employment check options i3.3.18 Approval paths d3.3.19 Requisition status' i3.3.20 Cost centre codes v3.3.21 Position descriptions v3.4 The following fields appear with a list of values in the applicant record and for each the list of values is contextual to the

applicant assessment process.3.4.1 Applicant status' m3.4.2 Correspondence templates v3.4.3 Notes associated with status changes (eg reason for decline) v3.4.4 Assessment forms i3.4.5 Application sources d3.4.6 Offer packages d

4.1 Ability to add, edit and delete workflows for each of the following types:4.1.1 Requisition creation - This relates to the situation where different parties in an agency are responsible for completing

different aspects of the requisition.v

4.1.2 Requisition approval m4.1.3 Front-end flow (eg. certain agencies may prefer candidates to register a profile prior to submitting an application for a

position so the flow needs to be configurable per agency)i

4.1.4 Recruitment supplier submitted applications - relates to the process steps for a recruitment supplier v4.1.5 Applicant assessment process m4.1.6 Selection report and appointment approval v4.2 Ability to have more than one workflow for each of the following types:4.2.1 Requisition creation d4.2.2 Requisition approval m4.2.3 Front-end flow d4.2.4 Recruitment supplier submitted applications d4.2.5 Applicant assessment process flow m4.2.6 Selection report and appointment approval v4.3 Ability to separate a workflow into a series of tasks v4.4 Ability to assign different tasks in the workflow to different users v4.5 Ability for users to access a list of tasks assigned to them v4.6 Tasks are accompanied by an email notifying the user of a new task v4.7 Ability to set these emails to contain a link enabling the user to access their task. i4.8 All tasks once executed automatically initiate the next task(s) in the workflow m

Workflow and Tasks




GENERAL Std

4.9 When the task is initiated, an email is sent notifying the user of a new task v4.10 The "From" address for all emails associated with the workflows is the Convenor's (ie initiator) rather than a system from

addressi

4.11 Ability for users to forward tasks on to another user for execution v4.12 Ability for users to delegate their tasks to another user during a period of absence (eg. when they are on leave) v4.13 Ability for a systems administrator to delegate a user's tasks to another user. v4.14 Where a task has not been executed within a certain time frame (eg 48 hours), an automated email is sent to the Convenor

and HR informing them that this is the case. i

4.15 Ability to view the stage at which a workflow has reached, whether started, completed, in progress or is on hold and who is responsible for executing the next task in the process.

v

4.16 Ability for user with appropriate access to reset a workflow at any stage (e.g. If an approver has not set up delegation and is away)

i

4.17Ability to identify during the assesment process an applicant who had been identified as a high risk candidate previously potentially via integration to an agency's HRIS system where that information may be stored d

4.18Ability for user with appropriate access to stop a workflow at any stage with a reason (e.g. If the position is no longer required) i

4.19Ability for a user with appropriate access to update approvers and the number of approvers required in a workflow for affected open requisitions and job templates at a nsw gvt, agency,department or division level d



1.1 List of Job templates categorised and searchable by: 1.1.1 Organisation: 1.1.1.1 1st level (Whole of NSW Govt) m1.1.1.2 2nd level (Government Agency) m1.1.1.3 3rd level (Department with an Agency) v1.1.1.4 4th level (Division within a Department of an Agency) i1.1.1.5 More levels (please indicate the limit on the number of tiers in the comments column) i1.1.2 Job Category: 1.1.2.1 1st level Job category (e.g. Policy) m1.1.2.2 2nd level Job category (e.g. advisor / analyst) v1.1.2.3 3rd level Job category (e.g. economic) i1.1.3 Location: 1.1.3.1 1st level (NSW) m1.1.3.2 2nd level (Regions including metro) m1.1.3.3 3rd level (Office location) i1.1.4 Targeted position i1.1.5 Identified position i1.1.6 Key word from Position title m1.1.7 Key word from the position description d1.1.8 Key word from the job advertisement d1.1.9 Classification i1.1.10 Grade i1.1.11 Status (i.e. Active or Inactive) d1.1.12 Creator/Last Modified by i1.1.13 Date range of last evaluation of position description (i.e. return templates where the PD was evaluated within a specified

date range)d

1.1.14 Date range of creation (i.e. return templates created between two dates) d1.1.15 ANZSCO code d1.1.16 Award d1.1.17 The ability to perform "and" searches using the above criteria i1.1.18 The ability to perform a combination of "and/or" searches using the above criteria i1.2 The Job Template populates the following in a requisition when initiating a vacancy: 1.2.1 Organisation m1.2.1.1 1st level (Whole of NSW Govt) v1.2.1.2 2nd level (Government Agency) v1.2.1.3 3rd level (Department with an Agency) v1.2.1.4 4th level (Division within a Department of an Agency) i


StdLIBRARIES

Job Templates




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1.2.1.5 More levels (please indicate the limit on the number of tiers in the comments column) i1.2.2 Job Category m1.2.2.1 1st level Job category (e.g. Policy) v1.2.2.2 2nd level Job category (e.g. advisor / analyst) i1.2.2.3 3rd level Job category (e.g. economic) i1.2.3 Location m1.2.3.1 1st level (NSW) v1.2.3.2 2nd level (Regions including metro) v1.2.3.3 3rd level (Office location) i1.2.4 ANZSCO code (includes hyperlink to pcat tool) d1.2.4.1 Ability to include a hperlink from this field to a document with more information on the ANZSCO codes d1.2.5 Position title m1.2.6 Grade i1.2.7 Award or Certified agreement i1.2.8 Classification i1.2.9 Work type i1.2.10 HR Contact i1.2.11 Position description v1.2.11.1 Position description including up to a maximum of 8 capabilities v1.2.11.2 Position description in the approved NSW Government format i1.2.12 The suggested source(s) to be used in the sourcing strategy (e.g. Internal EOI, recruitment supplier) d1.2.13 Job advertisement copy for external websites m1.2.14 Job advertisement branding for external websites v1.2.15 Job advertisement copy for intranet(s) v1.2.16 Job advertisement branding for Intranet/s i1.2.17 Job advertisement copy for print media m1.2.18 Application form m1.2.19 Requisition approval workflow v1.2.20 Applicant assessment process (i.e.. the sequence of applicant status' in the workflow) v1.2.21 Assessment forms (Note: this is like an application form but it is completed by the back end user when assessing the

application or candidate)d

1.2.22 Interview guides d1.2.23 Copy for automated emails i1.2.24 Copy and layout for correspondence templates i1.2.25 If the requisition is exempt from excess employee matching i1.2.26 Other fields within the Requisition (in the comments box please specify the fields included) i1.3 Ability to edit existing job templates and update m1.4 Ability to edit existing job templates and save as new m




StdLIBRARIES

1.5 Ability to delete existing job templates v1.6 Ability to make a job template inactive i1.7 Ability to create a new job template: m1.7.1 Ability to categorise new template by mandatory fields identified in.1 above i1.7.2 Ability to categorise new template by mandatory and non-mandatory fields in.1 above d1.8 Ability to preview details of the job template i1.9 Ability to print all the details of the job template i1.10 Ability to view and edit multiple templates on screen d1.11 Ability to forward job template to DPC template manager for consideration to be shared as a global template d1.12 Ability for specified DPC users to manage global templates m1.13 Ability to set user access restrictions to the above functions mCapabilities and Selection criteria2.1 List of capabilities categorised and searchable by:2.1.1 Capability: m2.1.1.1 Capability first level (name e.g. Customer Focus) v2.1.1.2 Capability second level (element e.g. Demonstrates Responsiveness) v2.1.2 Organisation for which they are relevant (i.e. agency) d2.1.3 Job category for which they are relevant d2.2 Ability to display further detailed information about the capability e.g. using information callouts v2.3 Ability to create new or delete/edit existing capabilities for use by a specific agency m2.4 Ability for a global systems administrator to create new or delete/edit global capabilities (i.e. those which are used across all

NSW Government agencies)m

2.5 Ability to set-up capability frameworks which are agency specific i2.6 Ability to set user access restrictions to the above functions m2.7 Ability to use capabilities to create a position description in the agreed NSW Government format i2.7.1 Ability to set the maximum number of capabilities which appear in a position description (current maximum is 8) i2.8 List of Selection criteria categorised by: i2.8.1 Job function i2.8.2 Level i2.9 Ability to create new / delete / edit existing Selection criteria for specific agency only i2.10 Ability for a global administrator to create new / delete / edit global selection criteria i2.11 Ability to set user access restrictions to the above functions i

3.1 List of Interview Guides categorised and searchable by: 3.1.1 Job category i3.1.2 Organisation i3.1.3 Classification d3.1.4 Grade d

Interview Guides




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3.1.5 Job title d3.2 Ability to edit existing Interview Guide and update i3.3 Ability to edit existing Interview Guide and save as new i3.4 Ability to delete existing Interview Guide i3.5 Ability to make Interview Guide inactive i3.6 Ability to set user access restrictions to the above functions i3.7 Ability to build an interview guide: i3.7.1 From a pre-defined range of behavioural interview questions i3.7.2 Questions displayed based on capabilities selected v3.7.2.1 Capabilities include NSW capability framework v3.7.3 Select the question associated with the capability i3.8 Ability to filter the range of questions by capability d3.9 Ability to filter the range of questions by Job category d3.10 Ability to filter the range of questions by generic level d3.11 Ability to print the Interview Guide i3.12 Ability to email Interview Guide in either PDF or word from the system i3.13 Ability to save the Interview Guide in the library i3.14 Ability to attach the interview guide to a job template i

4.1 List of Job Advertisements (Job Ads) categorised and searchable by:4.1.1 Organisation v4.1.2 Job category v4.1.3 Location i4.1.4 Position Number i4.1.5 Requisition Reference v4.1.6 Job Ad reference i4.1.7 Position Title v4.1.8 Key word from Position Title i4.1.9 Key word from the position description d4.1.10 Key word from the job advertisement d4.1.11 Advertising media i4.1.12 Creator/Last Modified by i4.1.13 Date last published i4.2 Ability to edit existing Job Ad and update m4.3 Ability to edit existing Job Ad and save as new v4.4 Ability to delete existing Job Ad i4.5 Ability to make Job Ad inactive v4.6 Ability to create a new Job Ad, and categorise it using the fields identified in 4.1 above v

Advertising copy




StdLIBRARIES

4.7 Ability to preview details of the Job Ad m4.8 Ability to print the details of the Job Ad v4.9 Ability to email Job Ad in either PDF or word from the system v4.10 Ability to provide different Job Ad copy for the same advertised position for the following destinations: 4.10.1 Internal job ad (e.g.. Intranet) m4.10.2 External job ad m4.10.3 Print media job ad v4.10.3.1 Print media job ad for different publication types v4.11 Job advertisement templates consist of the following components. The content for these components prepopulate based on

the Organisation, Job category and Location selected:4.11.1 Generic (e.g. Sector wide statement such as NSW Government as an employer) - ability to edit and update. This will

update all advertisement copies from that point on.d

4.11.2 Organisation specific (e.g. DPC work environment) - ability to edit and update or save as new. This will update all Organisation advertisement copy from that point on.

d

4.11.3 Job specific (e.g. Benefits of role type) - ability to edit and update or save as new. This will update all Job category advertisement copy from that point on.

d

4.11.4 Location specific (e.g. Benefits of location) - ability to edit and update or save as new. This will update all advertisement copy for a certain location from that point on.

d

4.11.5 Organisation specific banners and logos i4.12 Ability to set user access restrictions to the above functions m

5.1 List of form questions (e.g. Application form, profile or assessment form questions) categorised and searchable by:

5.1.1 Organisation v5.1.1.1 With multiple tiers d5.1.2 Job category v5.1.2.1 With multiple tiers d5.1.3 Location d5.1.4 Form question type (e.g. application, survey, assessment) i5.1.5 Capability framewortk questions i5.1.6 Date of creation d5.1.7 Key word i5.2 Ability to edit existing Form Questions and update m5.3 Ability to edit existing Form Questions and save as new v5.4 Ability to create ad hoc Form Questions which are not saved in the library v5.5 Ability to delete existing Form Questions m5.6 Ability to make Form Questions inactive v5.7 Ability to create a new Form Question, and categorise it using the fields identified in .1 above i5.8 Ability to make a form question mandatory m

Form Questions




StdLIBRARIES

5.9 Ability to make a form question non-mandatory v5.10 Ability to have mandatory and non-mandatory questions on the same form v5.11 Ability to incorporate global form questions (e.g. all profile/application forms across NSW Government include the questions) m

5.11.1 Ability for global form questions to include the NSW Government capability framework questions v5.12 Form questions have the following answer types:5.12.1 Text m5.12.2 Text with minimum number of words i5.12.3 Text with maximum number of words - where user has ability to set the maximum number allowed v5.12.4 Numerical text boxes d5.12.5 Demographic information d5.12.6 Date information (e.g. availability to commence work) d5.12.7 Multiple choice (only one answer) m5.12.8 Multiple select m5.12.9 Multiple choice with "other" text box v5.12.10 Preferential list / Rating scale (e.g.. rank the following in order of preference) v5.12.11 Proficiency level d5.12.12 Matrix of choices (multiple answers per row) e.g.: multiple choice answers for a list of capabilities/skills/experience, such

as proficiency level, years of experience, and last used appear in the columns and each skill required for the role appears in the rows of the matrix. (Please indicate in the comments section if there is any limit to the: number of; or criteria in the columns in the matrix)

i

5.12.13 Matrix of choices (only one answer per row) i5.12.14 Matrix of drop down menus i5.12.15 Ability to create filtered form questions where a subset of questions appear if a certain answer is selected, and don't

appear if the answer is not selected. (For example: Are you a NSW Gov employee? If yes, more questions appear for answering).

v

5.12.16 Resume upload (i.e. so system recognises resume vs. other attachments) m5.12.17 Multiple file upload (in the comments box please include details if there is a limit to the number of attachments) v5.13 These Questions can be used in the following form types:5.13.1 Application forms m5.13.2 Candidate profile form v5.13.3 Request for more information forms i5.13.4 Assessment forms (Note: this is like an application form but it is completed by the back end user when assessing the

application or candidate)d

5.13.5 Survey forms (for conducting surveys of users and candidates) d5.14 The answers to these Questions can be used in the following:5.14.1 Reports m5.14.2 Email, Letter and Printable Form Templates i




StdLIBRARIES

5.14.3 Searching v5.14.4 Candidate list views m5.15 Ability to set user access restrictions to the above functions v

6.1 The following Form Questions answer types have Automated assessment capability (this means that an automated result occurs - see 6.2 below):

6.1.1 Multiple choice m6.1.2 Multiple choice with knock out response (e.g. question is Are you an Australian Citizen, if answer is "no" then message

comes to screen advising the applicant that Australian citizenship is a mandatory requirement for this role)v

6.1.3 Preferential list / rating scale (e.g.. rank the following in order of preference) d6.1.4 Proficiency level d6.1.5 The matrix of multiple choice answers for a list of capabilities/experience/skills. d6.2 The results from automated assessment automatically:6.2.1 Grade/score the answer m6.2.2 Flag the application (e.g.. to identify a diversity applicant) i6.2.3 Filter the candidate into specific folder/group i6.2.4 Trigger the change of a status of the application d6.2.5 Trigger a message to the screen (e.g.. Question is "Are you an Australian Citizen"; if answer is no then message to

screen advising the applicant that "Australian citizenship is a mandatory requirement for this role")v

6.3 These criteria can be applied to the following forms:6.3.1 Application forms m6.3.2 Request for more information forms i6.3.3 Assessment forms i6.4 Ability to adjust the weighting and recalculate the scoring after applicants have applied for the role v6.5 The results from the automated assessment can be used in the following:6.5.1 Reports m6.5.2 Email, Letter and Printable Form Templates i6.5.3 Searching v6.5.4 Candidate list views m6.6 Ability to set user access restrictions to the above functions v

7.1 The following Form Question answer types have Manual assessment capability:7.1.1 Text v7.1.2 Text with minimum number of words d7.1.3 Text with maximum number of words i7.1.4 Multiple choice d7.1.5 Multiple choice with "other" text box d

Automated assessment criteria

Manual assessment criteria




StdLIBRARIES

7.1.6 Proficiency level d7.1.7 The matrix of multiple choice answers for a list of capabilities/experience/skills. d7.1.8 Matrix of choices (only one answer per row) d7.1.9 Matrix of drop down menus d7.1.10 Resume upload d7.1.11 Multiple file upload d7.2 The results from manual assessment are:7.2.1 Manually Grade/score the answer v7.2.2 Manually Flag the application (e.g.. to identify a targeted applicant) v7.2.3 Manually Allocate the candidate into specific folder/group v7.3 Manual assessment criteria can be applied to the following forms:7.3.1 Application forms m7.3.2 Request for more information forms i7.3.3 Assessment forms i7.4 The results from the manual assessment can be used in the following:7.4.1 Reports m7.4.2 Email, Letter and Printable Form Templates i7.4.3 Searching v7.4.4 Candidate list views m7.5 Ability to set user access restrictions to the above functions v

8.1 List of Application forms categorised and searchable by:8.1.1 Organisation v8.1.1.1 With multiple tiers d8.1.2 Job category v8.1.2.1 With multiple tiers d8.1.3 Location i8.1.3.1 With multiple tiers d8.2 Ability to edit existing Application form and update m8.3 Ability to edit existing Application form and save as new m8.4 Ability to delete existing Application form m8.5 Ability to add questions from the Form Questions library m8.6 Ability to add ad hoc Form Questions m8.7 Ability to preview the Application form i8.8 Ability to print the Application form i8.9 Ability to email Application form in either PDF or word v8.10 Ability to set user access restrictions to the above functions mRequest for more information forms

Application forms




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9.1 List of Request for more information forms categorised and searchable by:9.1.1 Organisation i9.1.2 Location d9.1.3 Name of form (e.g criminal check consent) v9.2 Ability to edit existing request for more information forms and update v9.3 Ability to edit existing request for more information form and save as new v9.4 Ability to delete existing request for more information form v9.5 Ability to add questions from the Form Questions library v9.6 Ability to add ad hoc Form Questions v9.7 Ability to preview the request for more information form i9.8 Ability to print the request for more information form d9.9 Ability to email request for more information form in either PDF or word d9.10 Ability to send link to request for more information form via the system v9.11 Ability to set user access restrictions to the above functions v

10.1 List of Assessment forms (Note: this is like an application form but it is completed by the back end user when assessing the application or candidate) categorised by:

i

10.1.1 Job Category i10.1.1.1 With multiple tiers d10.1.2 Organisation i10.1.2.1 With multiple tiers d10.1.3 Location i10.2 Ability to edit existing Assessment form and update i10.3 Ability to edit existing Assessment form and save as new i10.4 Ability to delete existing Assessment form i10.5 Ability to add questions from the Form Questions library i10.6 Ability to add capability scoring matrix from capability library d10.7 Ability to add answer fields from the Application Form to appear in the Assessment form (so an applicant's answer to

questions from the application form can be viewed whilst completing the assessment form)i

10.8 Ability to add fields from the Requisition to appear in the Assessment form (such as the capabilities) i10.9 Ability to add the questions from the Interview Guide to appear in the Assessment form (so it can be used to store the

results from the interview)i

10.10 Ability to set user access restrictions to the above functions i10.11 Assessment forms can be used in the following steps of the recruitment process:10.11.1 Screening i10.11.2 Shortlisting i10.11.3 Interviewing i10.11.4 Reference checking i

Assessment Forms




StdLIBRARIES

10.11.5 Background checking i10.11.6 Post recruitment activity (e.g. assessing quality of Appointee) i

11.1 List of Survey forms categorised and searchable by:11.1.1 Organisation i11.1.1.1 With multiple tiers d11.2 Ability to edit existing Survey form and update i11.3 Ability to edit existing Survey form and save as new i11.4 Ability to delete existing Survey form i11.5 Ability to add merge fields from the application and requisition into the Survey form d11.6 Ability to set user access restrictions to the above functions i

12.1 List of Applicant Assessment Process status' categorised by: v12.1.1 Name of Applicant assessment process (e.g. Standard recruitment, graduate recruitment etc) i12.1.2 Organisation i12.2 Ability to create Applicant Assessment Process status' v12.3 List of Applicant Assessment Processes searchable and categorised by: v12.1.2 Organisation i12.1.3 Job category i12.4 Ability to create an Applicant Assessment Process m12.5 Ability to edit an existing Applicant Assessment Process and update m12.6 Ability to edit an existing Applicant Assessment Process and save as new v12.7 Ability to delete existing Applicant Assessment Processes m12.8 Ability to set user access restrictions to the above functions v12.9 Applicant Assessment Processes have the following capabilities and flexibility:12.9.1 The ability to specify a status as Mandatory when the assessment process is in use - e.g. all applicants have to be

moved through resume review step for Standard recruitment workflow.i

12.9.2 Assessment processes are made up of specific stages (e.g. Interview, Checking, Offer stages) i12.9.3 The Specific stages include sets of status' for that stage (e.g. Interview stage includes status' of - To be conducted,

successful, unsuccessful, withdrawn)i

12.9.4 The ability to link generic assessment forms to a status step d12.9.5 The ability to link specific assessment forms to a status step d12.9.6 The ability to link a request for information form (sent to the applicant) to a status step v12.9.7 The ability to link agency configured status' to a global set of status' used by NSW Government (for reporting purposes) m

13.1 List of Email, Letter and Printable Form Templates which are associated with and searchable by:13.1.1 Organisation v

Applicant Assessment Processes

Emails, Letters and Printable Forms

Survey Forms




StdLIBRARIES

13.1.1.1 With multiple tiers i13.1.2 Job category v13.1.2.1 With multiple tiers d13.1.3 Location i13.1.3.1 With multiple tiers d13.1.4 Applicant assessment process (e.g. standard recruitment flow) i13.2 Ability to edit existing Template and update m13.3 Ability to edit existing Template and save as new v13.4 Ability to delete existing Template i13.5 Ability to make Template inactive v13.6 Ability to create a new Template, and categorise it using the fields identified in .1 above. Please indicate if there are any

form template size/page restrictionsi

13.7 Ability to add merge fields from the database into Templates m13.8 Ability to add user defined fields from the database into Templates v13.9 Ability to format the Templates with the following:13.9.1 Images i13.9.2 Organisation's logo v13.9.3 Font m13.9.4 Font size m13.9.5 Font features (such as size, bold, underline, colour) v13.9.6 Bullets and Numbers m13.9.7 Hyperlinks v13.9.8 Tables v13.9.9 Borders and Shading v13.9.10 The option to design templates in HTML or using an editing tool d13.10 Ability to preview details of the Template v13.11 Ability to set up who the intended recipient group(s) will be (e.g. internal candidate audience vs. external candidate

audience)d

13.12 Email and letter templates consist of the following components. The content for these components prepopulate based on the Organisation, Job category and Location selected:

13.12.1 Generic (e.g. Sector wide statement such as NSW Government as an employer) - ability to edit and update. This will update all templates.

d

13.12.2 Organisation specific (e.g. Department of Commerce work environment) - ability to edit and update or save as new. This will update all Organisation templates.

d

13.12.3 Job specific (e.g. Benefits of role type) - ability to edit and update or save as new. This will update all templates from that point on.

d

13.12.4 Location specific (e.g. benefits of location) - ability to edit and update or save as new. This will update all templates for a certain location.

d




StdLIBRARIES

13.12.5 Organisation specific banners and logos i13.12 Ability to set user access restrictions to the above functions v



1.1 From the first screen once logged in users can:1.1.1 See how many requisitions they have open v1.1.1.1 Click on a link to access a list of these i1.1.2 See how many requisitions they have pending approval v1.1.2.1 Click on a link to access a list of these i1.1.3 Create a requisition v1.1.4 See how many candidates they have on open requisitions v1.1.4.1 Click on a link to access a list of these i1.1.5 See how many new candidates they have v1.1.5.1 Click on a link to access a list of these i1.1.6 Create a candidate v1.1.7 See how many tasks they have pending their action v1.1.7.1 Click on a link to access a list of these i1.1.8 Select from a list of the last 10 items viewed (requisitions, candidates and tasks) and link directly to the item i1.1.9 Search for candidates by name or key word in name i1.1.10 Search for requisitions by job title or key word in title i1.1.11 Search for requisitions by requisition ID v1.1.12 Search for requisitions by position number i1.1.13 View a dashboard of key recruitment statistics (for example the dashboard includes: # appointments made, average time

and cost to appoint, average manager and candidate satisfaction ratings, % appointments by source)i

1.1.13.1 Generate dashboard reports from these statistics i1.2 From the first screen once logged in Recruitment Team Leaders can get a consolidated view of the above for their team v

1.3 From the first screen once logged in Executives / Directors General can get a consolidated view of the above for their organisation unit

i

1.4 From the first screen once logged in HR Directors can get a consolidated view of the above for their agency i1.5 From the first screen once logged in Convenors can:1.5.1 Create a requisition v1.5.2 Click on a link to access a list of their candidates i1.5.3 Click on a link to access a list of their tasks (e.g. prepare a selection report) i

2.1 Convenors have a simplified interface with only necessary information and functionality to perform their tasks v2.2 Users create a requisition by:2.2.1 Selecting from the Job Template library, which prepopulates information required (see libraries section for more details) m

2.2.2 Manually entering all of the required information to initiate the requisition m


BACK OFFICE

Dashboard

Requisition Initiation

Std




BACK OFFICE Std

2.2.3 Copying an existing requisition i2.3 Each new requisition will have a system generated unique Requisition ID m2.4 Users can access a list of Requisitions which are categorised and searchable by:2.4.1 Job title m2.4.2 Key Word in Job Title v2.4.3 Requisition ID m2.4.4 Organisation (with multiple tiers) m2.4.5 Job Category v2.4.6 Location i2.4.7 Date of creation d2.4.8 HR representative i2.4.9 Convenor (Generally the creator) m2.4.10 Approver d2.4.11 Requisition Status v2.4.12 Establishment number i2.4.13 Work type i2.5 Users can edit and save a requisition m2.6 Specified users can delete a requisition i2.7 Users can fill multiple positions against a single requisition m2.8 Users can specify unlimited positions against a requisition (for rolling or open requisitions) i2.9 From within the requisition, the user can:2.9.1 Review, edit, or create the position description m2.9.1.1 Position description populates with organisational capabilities on creation v2.9.1.2 Ability to select and de-select capability elements and levels (from the NSW Government Capability framework) to

populate the position descriptiond

2.9.2 Attach a position description i2.9.3 Review, select or remove capabilities (see libraries section for details) and set minimum level (proficiency) required m

2.9.4 Review, select or remove selection criteria (see libraries section for details) v2.9.4.1 Ability to cut and paste selection criteria from the position descriptions i2.9.5 Review, edit, create the requisition approval workflow (see libraries section for details) m2.9.6 Review, edit, create the application form questions (see libraries section for details) m2.9.7 Review, select the applicant assessment process (see libraries section for details) m2.9.8 Review, edit, create the Interview Guide (see libraries section for details) i2.9.9 Review, edit, create content for the automated emails (see libraries section for details) v2.9.10 Review, edit, create content for the Job Ad (see libraries section for details) m2.9.11 Review, edit, create branding for the Job Ad v




BACK OFFICE Std

2.9.12 Review, edit, select categories for automatic synchronisation with the Job boards (see libraries section for details) d

2.9.13 Enter other information as required by the process, such as work type, cost centre, replacement role, TRP , salary range etc m

2.9.14 Attach multiple documents required - please specify if there is a limit to the number of documents which can be attached. m

2.9.15 Specify which documents are viewable by candidates, suppliers and back office (candidate attachments flow through to the advertisement as attachments)

d

2.9.16 Enter the selection panel member details including, whether they are the Convenor or panel member, whether they are an independent or not, their grade, contact details (Email address and phone), organisation, job title and gender

m

2.9.16.1 Ability to set up panel members with temporary access (that is so they do not have to log in to get access to the details of the requisition or applications for that requisition)

v

2.9.16.2 Ability to see details about the selection panel member including current grade, organisation details and when they last completed any selection and recruitment training

d

2.9.16.3 Ability to select / add two or more people to a selection panel - please specify any limit to the number of people who can be assigned to a panel in the comments column

v

2.9.16.4 Ability for Convenors to specify certain panel members to only access certain applications against the requisition d

2.9.17 Forward to the relevant HR representative contact for review/assistance v2.9.18 Forward to the relevant party for evaluation/review of the position description i2.9.18.1 Ability for user to indicate that it is a new/updated position description i2.9.19 Select the HR representative contact for the requisition m2.9.20 The system scans any attachments for viruses and removes/prevents uploading if positive for a virus. The system alerts

user to the issue and remedy.v

2.10 Ability to track changes made to the requisition in an audit trail (e.g. Requisition history status). Please specify in the comments column which specific fields are tracked in this way.

m

2.11 Ability to set user access restrictions to the above functions v2.12 Ability to configure application form questions to appear based on responses to preceeding questions on the application form v

3.1 Ability for the user to enter the approvers details (Name, email address and title) for temporary access v3.2 Ability to have a multi-level requisition approval process (in the comments box please include details if there is a limit to the

number of levels)m

3.3 Ability to allow simultaneous approval of the requisition (i.e. approval does not follow a specific workflow, just requires multipleapprovers and requisition only progressed once all approvers have approved)

i

3.4 Alert appropriate approvers by email when a requisition requires approval m3.5 Ability for approver to store a note with the approval/decline m

Requisition Approval




BACK OFFICE Std

3.6 Ability for approver to approve a requisition without having to login to the system, i.e. by following a link from an email sent totheir work email address.

v

3.7 Alert Convenor and HR representative by email when a requisition is approved/declined v3.8 Ability to automatically forward details of the requisition to other stakeholders when the requisition is approved (e.g.

Recruitment, IS, Building Security) i

3.8.1 The system administrator within the agency can amend these notifications from the back office d3.9 Ability to lock fields in the requisition from further editing (particularly for salary or location) once approved v3.10 Ability for appropriate users to reset the approval workflow v3.10.1 Ability to resubmit an approval workflow v3.10.2 Ability to archive any online job ads automatically if a requisition changes back to draft status i3.11 Ability to identify when a new position description evaluation has been completed i3.12 Ability to save the details of the requisition as a Job Template m3.13 Ability to save as new job template i3.14 Ability to save as an update to an existing job template i3.15 Ability to set user access restrictions to the above functions m

4.1 From within the requisition, ability to auto match candidates from the database to the requisition m4.1.1 Ability to set which criteria are used in the matching process (see Talent Pools section for minimum search requirements).

Identify in the comments column if there are any restrictions on fields which are available to be used in the matching process.m

4.2 Ability to review a list of matching candidates m4.2.1 Ability to drill into candidates and review them whilst not losing the original list of matching candidates i4.3 In the list view of matched candidates, ability to see the following candidate details:4.3.1 Candidate name m4.3.2 Candidate status i4.3.3 Candidate flags (e.g. Internal candidate) v4.3.4 Highest qualification i4.3.5 Field of study i4.3.6 Current employer m4.3.7 If currently in recruitment process for any requisitions m4.3.8 Availability i4.3.9 Date of last update i4.3.10 Preferred locations i4.3.11 Source of application/candidate profile i4.3.12 Currently on an e-list v4.3.13 Ranking on an e-list i4.3.14 Excess employee v

Searching the database




BACK OFFICE Std

4.4 Ability to refine or expand the search using certain criteria (see Talent Pools section for minimum search requirements) i

4.5 Ability to attach suitable candidates to the requisition m4.6 Ability to send all suitable candidates an email inviting them to apply for a specific position (email includes details of job and a

link to the application)i

4.7 Ability to send all suitable candidates an SMS message d4.8 Ability to save searches and provide with a user-specified search title for later use i4.9 Ability to set up a candidate profile alert which will automatically notify the Convenor when a matching profile is entered by a

candidate/recruitment supplier.d

4.10 In the list of search results from the contextual search, there is a column for % relevance for each candidate i4.11 Ability to forward candidate details to Convenor i

5.1 The Convenor can identify their preferred sourcing channels within the requisition i5.2 The HR representative contact can review and amend Job Advertising copy (see Libraries section for details) and send any

changes back to Convenor for review / commenti

5.3 Specific data, such as salary and location flows through from the requisition and cannot be edited from within the job advertisement.

i

5.4 Ability to post jobs to the following sourcing channels: 5.4.1 NSW Government jobs website m5.4.1.1 The ability to set the above source as the default for all jobs v5.4.2 Cross Sector Intranet Job Board for expressions of interest i5.4.3 Agency Intranet for agency-specific expression of interest m5.4.4 Agency Internet job list m5.4.5 Agency Intranet job list m5.4.6 Major external job boards (Seek, Mycareer and Careerone) v5.4.7 Niche external job boards i5.4.8 Recruitment suppliers i5.4.9 Print media i5.5 Ability to set and edit different publishing dates for each sourcing channel m5.6 Ability to post a job with no close date for any job lists hosted by the eRs (for ongoing recruitment) v5.7 Ability to edit, update and remove ads posted on external job boards v5.8 Ability to edit, update and remove ads posted on external job boards en masse v5.9 Ability to select multiple categories for publishing on external job boards at one time i5.10 Ability to include file attachments to online advertisements i5.11 Ability to include hyperlinks in online advertisements v5.12 Ability to track sourcing costs v5.13 Ability to set up standard costing for different channels i

Sourcing




BACK OFFICE Std

5.14 Ability to refine and then print/email a print friendly version of current vacancies from the back office (for use on physical jobboards where Internet access is limited)

i

5.15 Ability to set and change publishing end dates for each sourcing channel after job is published v

6.1 Ability to select from a list of approved recruitment suppliers v6.2 Approved recruitment suppliers are categorised and searchable by:6.2.1 Organisation unit (multiple tiers) for which they are approved i6.2.2 Job category (multiple tiers) for which they are approved i6.2.3 Name of recruitment supplier i6.2.4 On contract or off contract supplier i6.3 Once selected, recruitment suppliers receive an email with details of the role v6.4 Ability to edit the email that is sent to a recruitment supplier i6.5 Recruitment suppliers have a secure password protected facility to log in to the system v6.6 The recruitment supplier can view more information regarding the role by logging into the system i6.7 Ability to restrict access of recruitment suppliers from sensitive requisition information: v6.7.1 Ability to restrict supplier access to specified attachments i6.7.2 Ability to restrict supplier access to specified fields i6.8 Once logged in, recruitment consultants submit applications into the database v6.9 Applicants are identified as having been sourced from a recruitment supplier v6.10 Recruitment suppliers submit candidates by completing the application form for that role which includes additional information

required from the supplier (for example the Candidate Summary)v

6.11 Back office users can request more information about a specific candidate from recruitment supplier. The supplier is prompted to enter this information once they are logged in.

d

6.12 Suppliers are notified when they attempt to put forward a candidate who is already in the database d6.13 Suppliers are prevented from submitting a candidate who is already in the database d6.14 Ability to limit the above functionality to specific requisition only as apposed to entire database d6.15 Ability to turn off the above facility d6.16 Ability to set an ownership period during which the candidate belongs to a supplier and cannot be submitted by another

supplierd

6.17 Ability to track recruitment supplier costs v6.18 Ability to set up standard costing for different recruitment suppliers i6.19 Ability to set up standard rates for different role levels by recruitment supplier i

7.1 Applications are entered online by the applicant and stored against a requisition m7.2 Ability to create an application and candidate record for paper based applications, and be able to determine those that are

paper applications from all application/candidate list views (i.e. there is a flag to say it is a paper application)m

7.3 Ability to attach scanned documents to a candidate record. If there is any limit to the number and total combined file size please indicate in the comments column.

v

Managing Recruitment Suppliers

Receiving Applications




BACK OFFICE Std

7.4 Ability to 'parse' electronic documents such as a resume for easy candidate creation. The parsing functionality selects appropriate data and automatically transfers into the application form.

d

7.5 Automatic acknowledgement email sent once application is completed. m7.5.1 Ability for above to be different based on the application source (e.g. a different acknowledgement when candidates apply

from the agency Intranet site vs. the jobs.nsw site)d

7.6 Alert the HR contact when there are potential duplicate applications for a position whether direct or through third parties. i

7.7 Ability to merge duplicate candidate records once identified i7.8 Ability to automatically track the application source m7.9 Ability for employees, recruiters and Convenors to refer a potential applicant to an advertised position i7.10 Automatically identify that a candidate is an employee referral d7.11 Automatically identify when a candidate is an internal candidate (i.e. a current agency employee) v7.12 Automatically identify when a candidate is a NSW Public Sector employee v

8.1 Automatically allocate a score/rank/flag/etc depending upon applicants response to screening criteria (see Libraries section for more detail)

m

8.2 Ability to combine scores from screening criteria to provide overall score i8.3 Ability to generate a combined score on criteria used within a step in the recruitment process (i.e. academic qualifications

screening)i

8.4 Ability to weight screening criteria differently m

9.1 Ability to manually allocate a score/rank/flag/etc to a candidate (see Libraries section for more detail) m9.1.1 Ability to do this from a summary list of applications without having to enter each applicant record i9.2 Ability to view the application form question and answers to those questions, and score the responses directly into: i9.2.1 A field m9.2.2 An assessment form i9.3 Ability to combine scores from screening criteria to provide an overall score i9.4 Ability to generate a combined score on criteria used within a step i9.5 Ability to weight screening criteria differently i9.6 Ability to select from a list of candidates and PDF a batch file including the following details, collated in order by candidate with

appropriate page breaks:v

9.6.1 Cover summary sheet of all candidates including scoring matrix (cull sheet) i9.6.2 Personal details v9.6.3 Resume v9.6.4 Application (including recruitment suppliers' candidate summary) v9.6.5 Assessments i9.6.6 Candidate profile i9.6.7 Attachments v

Automatic Screening and Prequalification

Manual Screening




BACK OFFICE Std

9.6.8 Ability to print the bulk print file double-sided or single-sided while maintaining appropriate page breaks (i.e. between candidates)

i

9.6.9 Ability to display responses to form questions (e.g. Selection criteria) in a presentable way within the bulk print file (i.e. not in plain text and with appropriate justification, headings and breaks)

i

9.7 Ability to bulk allocate candidates to a panel member to manually screen i

10.1 In the summary list of applicants/candidates, ability for user to choose the columns which appear (in the comments column please indicate which fields are available to be used in this way)

v

10.2 Ability to sort by any of the columns which appear in the summary list of applicants/candidates i10.3 Ability to manually progress an application through the applicant assessment process m10.4 Ability to store a note with the status change m10.5 Ability to make storing a note with a status change mandatory i10.6 Ability to specify an assessment form (see Libraries section for more details) to be completed when a candidate status is

changedi

10.6.1 Ability to make the fields in this assessment form mandatory d10.7 Ability to specify an Email, Letter and Printable Form Template (see Libraries section for more details) to be sent automatically

when a candidate status is changedi

10.8 Ability for applicants to automatically progress through the applicant assessment process triggered by specific actions (e.g. all candidate statuses updated once an assessment stage is completed)

d

10.9 Ability to add notes on applicants record m10.10 Ability to bulk email to manually selected applicants m10.11 Ability to bulk SMS message to selected applicants d10.12 Ability to bulk send letters to selected applicants (spool directly to printer / PDF) m10.13 Ability to attach a document to a system email and send (e.g. PDF of offer letter sent as email attachment) i10.14 Ability to select emails, letters and printable forms from template library (see Library section for more details) m10.14.1 Ability to view populated template prior to printing/emailing i10.15 Ability to view a history log including identity of user, details of communications, and status changes m10.16 Ability to see prior applications in the history log i10.17 Ability to click on a link to get more details about the prior applications from within the history log i10.18 Ability to isolate invalid / test applications so that these applications are not included in reports. i10.18.1 Ability to reverse the above action if required i10.19 Ability to flag an applicant with notes (e.g. International applicant flag) i10.20 Quick search facility for candidates within requisitions (i.e. search by name) i10.21 Ability to request applicants complete additional information. The email request contains a link to an online form to collect that

additional information. i

10.22 Ability to set user access restrictions to the all the above application management functions i

11.1 Ability to identify which stage of the process the requisition is at v

Application management

Requisition management




BACK OFFICE Std

11.2 Ability to manually progress a requisition through the process (e.g. change the status of the requisition from Open to Shortlisting)

i

11.3 Ability to specify an Email, Letter and Printable Form Template (see Libraries section for more details) to be sent automatically when a requisition status is changed

d

11.4 Ability to access and update content of requisition (i.e. Job ads, closing dates, application forms) i11.4.1 Ability to set user access restrictions to the above function i11.5 Ability to track requisition level costs (e.g. assessment centres) d

12.1 Ability to review and amend Interview Guide (see Libraries section for details) i12.2 Ability to send to third party for review / comment i12.3 Ability for Convenor to email Interview Guide to selection panel in either PDF or word directly from the system d12.4 Ability to track changes to the interview guide within the system d

13.1 Ability to add/edit/delete selection panel members to the requisition m13.2 Ability to set up schedule of interviews/tests/assessments/checks i13.3 Ability to print/view schedule of interviews/tests/assessments/checks in calendar format d13.4 Ability to use email templates for all scheduling emails (e.g. invitation to interview) i13.5 Ability to edit scheduling emails prior to sending i13.6 Ability to email schedule of interviews/tests/assessments/checks to recruitment suppliers d13.7 Ability to send bulk email invitations to applicants (who are blind copied) to attend interview/test/assessments/checks m

13.8 Allow candidates to select time and book interviews/assessments online v13.9 Ability to define multiple places for a single event (i.e. for assessment centres, information sessions and bulk interviews) i

13.10 Ability to book applicants in on their behalf v13.11 Ability to reschedule interviews/tests at any time i13.12 Ability to push interview/test/assessments/checks time into corporate calendar and messaging tools d13.13 Prevent double booking of interviews/tests within eRs scheduler d13.14 Send confirmation email to candidate/interviewer of interview/test/assessments/checks each time it is booked / rescheduled m

13.15 Ability to include a link to online forms in the confirmation email to the candidate i13.16 Ability to attach documents to the confirmation email to the candidate (e.g. security forms for completion or preparatory

questions)i

13.17 Ability to send a schedule of interviews email to selection panel members with attached interview guide i13.18 Ability to change selection panel retrospectively (e.g. after interview has been confirmed) i

14.1 Ability to email the following applicant details from the system to back office users and non system users:14.1.1 Personal details i

Interview guide

Scheduling

Recording Outcomes/Feedback




BACK OFFICE Std

14.1.2 Resume i14.1.3 Application i14.1.4 Assessments i14.1.5 Candidate profile i14.1.6 Attachments i14.1.7 Interview guide i14.2 Ability for back office users to record results from the following into assessment fields or forms (see libraries section for more

details):14.2.1 Resume review i14.2.2 Application review i14.2.3 Interview/assessment v14.2.4 Online/Offline Test i14.2.5 Reference check v14.2.6 Background check v14.2.7 Security check v14.2.8 Performance Management check i14.2.9 Pre-employment medical check i14.2.10 Post-employment medical check i14.2.11 Service check v14.2.12 Other checks i14.3 Ability to capture repeat checks - for example e-list candidates may require a second check prior to appointment if significant

time has passed.i

14.4 Ability to enter feedback as a note against the candidate record i14.5 Ability to attach multiple documents of interview notes/assessments/reference checks to candidate record in any format (word,

PDF etc)v

14.6 Ability to attach scanned interview notes/assessments/reference checks to candidate record i14.7 Ability to record whether original documents have been sighted and to list these with checkboxes. vSelection Report15.1 Ability for users to generate a "Selection Report" electronic form. This includes v15.1.1 Recommended candidate details (based on status in the system) displayed with score against each selection criteria and

justification of selection. - score and justification pre-populate from the interview assessment form but can be over-writtenv

15.1.2 Eligible candidates (based on candidate status) with score against each selection criteria and brief justification of eligibility (this pre-populates from the assessment form but can be over-written). Candidates should be ranked in order of merit

v

15.1.3 Applicants who were unsuccessful after interview (based on status) with score against selection criteria and brief justification of status (this pre-populates from the assessment form but can be over-written)

v

15.1.4 Ability to rank the eligibility list and order according to rank i




BACK OFFICE Std

15.1.5 Selection report template is branded to the look and feel specified by particular Government agency d15.1.6 Ability to add attachments to the selection report (e.g. alternate report, justification documents etc.) i15.1.7 Ability to select a multi-level approval process to approve the selection report (e.g. panel members, HR, final approver) v

15.1.8 Ability for final approver to approve/reject selection report without logging into the system i15.1.9 Ability for approvers to add notes to the approval workflow specifying reason for rejection / approval i15.1.10 Ability to reset an approved selection report in the event of the hire not commencing the position as agreed - note this would

also affect the requisition status if set to filledd

16.1 Ability to automatically attach, merge or link the "Selection Report" to the email initiating the approval v16.2 Ability to record offer information (salary, commencement date, classification, special conditions) m16.3 Ability to store negotiation information (e.g. change salary information without losing original offer information) i16.4 Ability to store reason for decline v16.5 Ability to generate the employment contract with merge fields from the database i16.6 Ability to send offer letter to the candidate by email from the system m16.6.1 Ability to include a link from which the candidate can accept online i16.6.2 Ability to force the candidate to log in using their applicant id and password to get access to this online acceptance of the

offerd

16.7 Ability to update candidate statuses up until the requisition is closed out m

17.1 Ability to alert Convenor if 6 months has passed since requisition opened i17.1.1 The above requirement is configurable so timeframe can be changed i17.1.2 The alert can be configurable per Government agency d17.2 Ability for user to create a draft announcement notice and forward to HR i17.3 Ability to post the announcement notice to jobs.nsw v17.4 Ability to close out a requisition on following parameters: Filled, Position Withdrawn, On hold, Not Filled, Cancelled (amongst

others). Where filled, the successful applicant(s) must be identified in the filled requisitionv

17.5 Ability for the requisition to be automatically set to filled when the number of employed candidates is the same as the number of positions specified on the requisition

i

17.6 Ability to automatically reject all applications where applicant status not updated when the requisition is filled or cancelled d

17.7 Ability to set the following email reminders for managers which are sent automatically a set period before the event:17.7.1 Candidate start date v17.7.2 The end of the probation period d17.7.3 The end of the contract period if a fixed term contract i17.8 Ability to prevent the eligibility list from being released for database matches until the requisition has been filled v17.9 Ability to change a requisition from a Filled status to "Subject to appeal" status if a GREAT appeal is made v17.9.1 Ability to record reason for status change i

Job Close Out

Offer/Appointment




BACK OFFICE Std

17.9.2 Ability to amend the selection report and requisition status depending on appeal outcome i

18.1 Ability to send new Appointees a checklist with links to all the forms they must complete prior to the start date v18.1.1 Ability to make the forms they complete online forms i18.1.1.1 The data entered into these online forms is linked to the candidate record i18.1.2 Ability to make forms mandatory i18.2 When requisition is "Filled" automatically email candidate and position details to the following:18.2.1 Convenor advising signed contract received i18.2.2 IT for system access setup i18.2.3 Security for ID Badge request i18.2.4 Payroll for setup in HRIS i18.2.5 Induction parties i18.2.6 The automatic email is configurable per agency i18.3 In the email to the above parties, ability to include a link to an online form to collect the relevant information from them d

19.1 Ability to email a link to an online survey form (see libraries section for details) to the following users of the system:19.1.1 The job seeker regarding satisfaction with process v19.1.2 The Convenor regarding satisfaction with the process v19.2 Job seekers answer the survey questions online, and their responses are automatically linked to the requisition for reporting

purposesv

19.2.1 Ability for back office users to enter the candidate's answers to survey questions on behalf of the candidate from the back office

i

19.3 Convenors answer the survey questions online, and their responses are linked to the requisition for reporting purposes v

19.3.1 Ability for back office users to enter the manager's answers to survey questions on behalf of the Convenor from the back office

i

19.4 Ability to automatically email the request to complete the survey to the following when the requisition is filled: v19.4.1 The Appointee regarding satisfaction with process v19.4.2 The unsuccessful applicants regarding satisfaction with the process i19.4.3 The Convenor regarding satisfaction with the process v19.4.4 The Convenor regarding satisfaction with the candidate at the anniversary of the appointment date i

New starter checklist

Surveying stakeholders



1.1Job seeker's interface (front end) is compatible with all versions of internet browsers (please indicate any minimum requirements in the comments - refer specifically to compatibility with Internet Explorer, Mozilla Firefox and Safari browsers)

m

1.2 Interface includes a cross sector consolidated job list branded according to the requirements of the jobs.nsw website m

1.3 All job ads appearing on the jobs.nsw website include the logo of the employer within the jobs.nsw brand m1.4 Each agency will have an organisation specific branded searchable job list for each of the following:

(Please indicate how many of each are included in the price in the "comments" column)m

1.4.1 Their external website m1.4.2 Their intranet m1.4.3 An Expressions of Interest page m1.5 Ability to prevent non NSW Government employees from applying to jobs posted on internal job boards (such as EOI job

board). Please specify recommended solution in comments columni

1.6 Provide help content for users of the website which is: m1.6.1 Specific to the page the user is looking at v1.6.2 Specific to the field the user is looking at v1.6.3 Ability for a NSW Government administrator to add, edit and delete the help content i

2.1 Ability for front end users to search by:2.1.1 Organisation: m2.1.1.1 First level (Whole of NSW Govt) m2.1.1.2 Second level (Government Agency) m2.1.1.3 Third level (Department or Division with an Agency) i2.1.1.4 Fourth level (Office within agency, department or division) d2.1.2 Job category:2.1.2.1 First level m2.1.2.2 Second level v2.1.2.3 Third level d2.1.2.4 Fourth level d2.1.3 Location:2.1.3.1 First level (NSW) m2.1.3.2 Second level (Regions including metro) m2.1.3.3 Third level (Office location) d2.1.4 Key word in Job title m2.1.5 Salary range where results return all jobs posted within the range specified (Note - search between a lower and upper range

and return all results within the range - not based on list item search).v

2.1.6 Work Type v

FRONT END Std


Interface

Searching for Jobs



FRONT END Std


2.1.7 Period advertised e.g. last 24 hours, last 3 days, last 7 days, all) i2.1.8 Capabilities sought i2.1.9 Targeted positions i2.1.10 Identified positions i2.2 Provide a simple search page m2.3 Provide an advanced search page m2.4 Ability for a NSW Government system administrator to add, edit and delete fields from the simple and advanced search page i

2.5 Ability for a system administrator from each agency to add, edit and delete fields from the simple and advanced search page for:

2.5.1 Their external website v2.5.2 Their intranet i2.5.3 An Expressions of Interest page i2.6 Ability for job seeker to save multiple searches and personalise with a search title for later use v2.7 Ability for job seekers to conduct contextual search for jobs which match their resume i2.8 Provide search tips for applicants v2.9 Ability to search for Senior Appointments only d2.10 Ability for system administrator to configure other predefined categories and locations i2.11 Ability to order the search results (i.e. by salary, organisation, location, close date etc). i

3.1 Provide facility for applicants to read and accept privacy policy before completing any personal information (must accept before progressing)

m

3.2 Provide facility for the privacy policy to be different for each different organisation i3.3 Provide facility for application-specific declarations to be included within the application form, (e.g. declaration of pre-existing

medical condition)m

3.4 Provide online application forms configurable by agency m3.5 The application form is branded for the organisation named on the requisition (e.g. DPC) v3.6 Provide ability for applicant to preview the application form prior to applying i3.7 Provide ability for applicant to print the preview of the application form from a print friendly version i3.8 Provide application forms which are broken into steps, thereby saving the data entered at the completion of each step i

3.9 Pre-populate application form with personal details v3.10 Pre-populate application form with applicant profile (e.g.. qualifications, education history) v3.11 Pre-populate application form with answers to all form questions which have been answered by the applicant in prior

applications (note this is a different requirement to the previous two)d

3.12 The applicant has the ability to edit all pre-populated fields in their application v3.13 Ability to stop user submitting an application without completing mandatory questions v3.14 Allow applicants to attach or paste their resume to their application. m

Applying for jobs



FRONT END Std


3.14.1 If a resume is mandatory, the applicant cannot submit an application without an attachment i3.14.2 The system scans any attachments for viruses and removes/prevents uploading if positive for a virus m3.15 Allow applicant to save partially completed application form to return and complete later m3.16 Allow applicant to attach other documents m3.17 Allow applicant to delete attached documents m3.18 Ability for back office user to control which documents can be updated and/or deleted (e.g. once an application is submitted,

cannot delete that particular application but can update CV in profile section)i

3.19 Provide text counter on all text boxes i3.20 Provide spell checker on all text boxes d3.21 Allow applicant to 'parse' their resume to automatically populate key fields such as contact details and employment history d

3.22 Allow applicant to update their application at any time prior to the closing date i3.23 Allow applicants to have multiple applications in process m3.24 Allow the applicant to print their completed application in a print friendly format or copy and paste into a document i

3.25 Ability to attach digital media upto a cetrain size limit with applications d3.26 Ability for applicant to generate prepopulated standard documents (designated by the convenor) to bring for interviews i

4.1 Provide a facility for candidates to log in and gain access to:4.1.1 Their application history d4.1.2 Completed Application after the closing date i4.1.3 Print completed application after the closing date i4.1.4 Jobs which are still active i4.1.5 Archived job details for jobs they have applied for v4.1.6 Withdraw an application i4.1.7 Details of the status of any current applications i4.1.8 For above, status label is configured by back office user i4.1.9 Emails sent to them relating to any job applications d4.1.10 Incomplete application forms. If the role is still open, job seekers can complete their application v4.1.11 Personal details (they can update these at any time) m4.1.12 Job seeker profile, which will include their key skills (with proficiency rating), education and qualifications, preferred location

and range of job categories they are interested in (they can update /de-activate at any time)i

4.1.13 Wizard style resume builder - where candidates can build and store an online resume d4.1.13.1 Ability to have multiple versions of the online resume. Please indicate if there is a limit d4.1.14 Book in for interview / assessment (if invited) v4.1.15 Request to have their details removed / de-identified from database i4.1.16 If they are an employee, to gain access to the internal job list (for when they are not in the office) i

Other



FRONT END Std


4.1.17 Conduct contextual search for jobs which match their resume d4.1.18 Complete online survey of their satisfaction with the recruitment process v4.1.19 A checklist with links to all the forms they must complete prior to the start date d4.1.19.1 This includes access to complete these forms online d4.1.20 Accept an offer online d4.2 Provide mechanism for candidates to refer a job to a friend i4.3 Provide a mechanism to link the applicant directly from 3rd party job boards into the online application process for the

appropriate jobv

4.4 Provide mechanism to automatically acknowledge an applicants withdrawal of their application i4.5 Ability for applicants to download text versions of documents or forms available i



1.1 Ability to search the talent pool by the following criteria:1.1.1 Excess employee status v1.1.2 Eligibility status (e.g. on an e-list) v1.1.3 Current agency if employed by NSW Government m1.1.4 Current grade/classification if employed by NSW Government i1.1.5 Current salary band if employed by NSW Government (Note - ability to search all values between a lower and an upper

range)i

1.1.6 Previous NSW Government employee i1.1.7 Citizenship / Legal entitlement to work in Australia i1.1.8 Postcodes d1.1.9 Key word on Qualifications i1.1.10 Key word on Field of study/Course Name d1.1.11 Education level d1.1.12 Preferred Job category m1.1.13 Preferred salary range i1.1.14 Preferred locations m1.1.15 Preferred work type v1.1.16 Preferred NSW Government agency to be considered for (from job seeker profile question) v1.1.17 Experience/Expertise (from a list provided ) d1.1.18 Date of last update (by candidate) d1.1.19 Capabilities v1.1.20 List of values from answers to Application Form Questions d1.1.21 Key word from text answers to Application Form Questions d1.1.22 List of values from answers to Assessment Form Questions d1.1.23 Key word from text answers to Assessment Form Questions d1.1.24 Key word in candidate profile v1.1.25 Key word in candidate resume v1.1.26 Key word in other attachments i1.1.27 Key word from assessment forms (e.g. interview results) d1.1.28 Key word from other notes d1.1.29 Assessments from online/offline test d1.1.30 Current vs. Non current candidates (system defaults to current) d1.1.31 Current vs. Non current employees d1.1.32 Contextual match of candidates to position description (i.e. using artificial intelligence) i1.1.33 Contextual match of candidates to identified high quality candidate d1.1.34 Contextual match of positions to candidates d1.2 Ability to limit access to the above search criteria by user type m


Searching

TALENT POOL Std




TALENT POOL Std

1.3 Ability to limit access to search results by user group m1.4 Where contextual or key word match is used, provide a relevance column in the search results list i1.5 Ability to perform individual and/or bulk actions against candidates in the search results list (e.g.. send email to individual /

group of candidates).v

1.6 Ability to save the search results v1.7 Ability to save the search criteria for reuse i1.8 Ability for users to setup an automated email to alert them to a new candidate who matches the criteria available from the

searchi

2.1 Ability to provide configurable reminders to targeted audience by authorised users. i2.2 Ability to select minimum standards for the item above before candidates receive automated reminders to update their details.

(e.g. Only candidates who have checked certain skills get sent a reminder.)d

2.3 Provide a mechanism by which to communicate regularly with high potential candidates, such as email and online newsletters i2.4 Ability to categorise candidates into separate folders or lists i2.5 Ability for these folders or lists to be made available to the following to view and use:2.5.1 All users i2.5.2 All users from the creator's organisation i2.5.3 All users in a user group assigned with access i2.5.4 Only the creator i2.6 Ability to identify duplicate candidates and then option to merge the records i2.6.1 Ability to set the criteria for what is a duplicate (e.g. name and mobile number). Please indicate what can be used in the

comments.i

2.7 Ability to de-identify a candidate from the database i2.8 From the search results, ability to send candidates an email inviting them to complete an online survey. i2.8.1 Ability to select from and link to a survey from the library (see libraries section for more details) i2.9 From the search results, the ability to send template or free form messages to any candidate in the database i

Managing the Talent Pool



1.1 Reports are produced from within the system m1.2 Reports are on-line and data is real-time v1.3 Ability to produce reports in a variety of formats including:1.3.1 Screen presentation v1.3.2 Printable copy v1.3.3 Electronic file including: m1.3.3.1 MS Word v1.3.3.2 MS Excel m1.3.3.3 Adobe Acrobat v1.3.3.4 Comma separated values (.csv) v1.4 Ability to preview reports on-line prior to production v1.5 Ability to ‘send’ report file via recognised e-mail protocol (e.g. SMTP or MAPI). v1.6 Ability to automate report production based on:1.6.1 Schedule (set date(s)) v1.6.2 Frequency (daily, weekly, fortnightly, monthly etc) v1.6.3 Predefined system transactions (e.g. A list of all accepted offers is sent to payroll) i1.6.4 Variances from acceptable tolerances (e.g. A list of all requisitions which have been waiting for approval for more than 5

days is sent to the relevant recruiter)i

1.7 Ability to design and maintain standard reports for various stakeholder groups m1.8 Ability for approved user to:1.8.1 Edit standard reports m1.8.2 Modify standard reports and save as new standard report m1.8.3 Create ad-hoc reports v1.8.4 Create ad-hoc report and save as standard report v1.8.5 Delete standard reports (or make inactive) v1.8.6 Create data cubes for export or integration with other systems (i.e. data warehouse) v1.9 Ability to define alias names for database tables and data elements to assist in user-friendly reporting. i1.10 Ability to develop and maintain comprehensive and easily accessible help menu for ad-hoc reporting i1.11 Ability to record and maintain reference dictionary for names of data elements i

2.1 All report production complies with security structure established for each user m2.2 Ability to set access permissions based on:2.2.1 The user type v2.2.2 The user group v2.2.3 The user's organisation v2.3 Access permissions include ability to set a user's:2.3.1 Ability to view a report m


General

REPORTING Std

Access




REPORTING Std

2.3.2 Ability to edit a report and save a report as new m2.3.3 Ability to create a report and save as new m2.3.4 Ability to delete a report (or make inactive) m2.3.5 Ability to assign a report to a user type or group v2.4 Ability for report viewing to be utilised across organisation with security maintained. e.g. A single location based report will

produce result dependent on the location of the user and the security level.v

2.5 Ability for report writing to recognise pre-determined security at the user level. v2.6 Ability to provide access to all data in the system with appropriate security privileges. v2.7 Ability to access metrics to benchmark performance against:2.7.1 Other NSW Government agencies, including: v2.7.1.1 By industry segmentation i2.7.1.2 By size segmentation d2.7.1.3 By location segmentation i2.7.1.4 By Job category segmentation i2.7.2 Other clients of the eRs vendor, including: i2.7.2.1 By industry segmentation d2.7.2.2 By size segmentation d2.7.2.3 By location segmentation d

3.1 Ability to create report headers & footers v3.2 Ability to brand all reports as generated by NSW Government eRecruitment system v3.2.1 Ability to restrict access to ability to edit this branding d3.3 Ability to edit report format (such as font size, colour and type and background colours) v3.4 Ability to set a default format for all reports v3.5 Ability to accommodate summarised and matrix style reporting, including multiple levels e.g. monthly summary and annual

totalv

3.6 Ability to sort output by columns v3.7 Ability to sort on multiple data items i3.8 Ability to sort on any part of data elements i3.9 Ability to sort on any combination of data elements i3.10 Ability to specify user-controlled page breaks in reports v3.11 Ability to specify number of print lines per page i3.12 Ability to allow for multiple-line record formatting (i.e. wrap text for records longer than 132 characters.) i3.13 Ability to control printing of headings conditionally i3.14 Ability to produce graphical output within the application v3.15 Ability to set portrait or landscape layout v3.16 Ability to perform inter-column calculations v3.17 Ability to perform inter-row calculations v

Format




REPORTING Std

3.18 Ability to create column totals/summary calculations (e.g.. total sum of column or total # records in the column) v3.19 Ability to highlight variances exceeding specified tolerances. v3.20 Ability to provide year to date calculations i3.21 Ability to provide a column with cumulative calculations (e.g. running sum, max, min, average, count) v3.22 Ability to drill down on fields in the report i

4.1 Ability to produce reports based on ‘from’ and ‘to’ dates. m4.2 Ability to produce reports based on answers to user based prompts (such as "Please specify the requisition number") m4.3 Ability to produce comparative style reports, comparing data across multiple points in time. i4.4 Ability to select on multiple data items. i4.5 Ability to select on any part of data elements. i4.6 Ability to select on any combination of data elements. i4.7 Ability to use different operators for defining a query, including: v4.7.1 Equal to i4.7.2 Different from i4.7.3 Greater than i4.7.4 Less than i4.7.5 Between i4.7.6 Not between i4.7.7 In list i4.7.8 Not in list i4.7.9 Is null i4.7.10 Is not null i4.7.11 Matches wildcard i4.7.12 Does not match wildcard i4.8 Ability to use Boolean (i.e., and, or) operators for defining a query v4.9 Ability to use Compute operators for defining a query v4.10 Ability to use Concatenation operators for defining a query i4.11 Ability to use Relational operators for defining a query v4.12 Ability to provide string based reporting query. e.g. report on all vacancy with position reference beginning with ‘HSS’, or report

on all applicants with surname starting with a 'D'.i

5.1 Ability to report on calculated fields – without the requirement of recalculating within the report. i5.2 Ability to use different operators for defining a calculation, including: v5.2.1 Equal to i5.2.2 Different from i5.2.3 Greater than i5.2.4 Less than i

Queries

Calculations




REPORTING Std

5.2.5 Between i5.2.6 Not between i5.2.7 In list i5.2.8 Not in list i5.2.9 Is null i5.2.10 Is not null i5.2.11 Matches wildcard i5.2.12 Does not match wildcard i5.3 Ability to use Boolean (i.e., and, or) operators for defining a calculation v5.4 Ability to use Compute operators for defining a calculation v5.5 Ability to use Concatenation operators for defining a calculation i5.6 Ability to use Relational operators for defining a calculation i5.7 Ability to use If operators for defining a calculation v

6.1 Ability to report on archived data. v6.2 Ability to report on data contained in multiple tables – without contravening table relationships. m6.3 Ability to report on all information retained within database m6.4 Ability to report on all information retained within database including history records v6.5 Ability to report on point in time information. e.g. Report number of vacancies at specified date in past period, past month or

past year.m

6.5.1 # Requisitions by status m6.5.2 # Applications by status m6.5.3 # Appointees m6.5.4 Time between stages of the process include total elapsed time m6.6 Ability to include data from the following sources in report outputs, queries and/or calculations:6.6.1 Application forms (including more application forms) m6.6.2 Assessment forms i6.6.3 Candidate profile fields v6.6.4 Offer fields v6.6.5 Surveys v6.6.6 Applicant assessment processes (including time/date) m6.6.6.1 Including the historical time/date for each status change m6.6.7 Requisition workflows (including time/date) m6.6.7.1 Including the historical time/date for each status change m6.6.8 Organisation structure m6.6.9 Users v6.6.10 User types i6.6.11 Suppliers i

Fields




REPORTING Std

6.6.12 Referrers i6.6.13 All other sources (please list any fields from the system which are not available - including the data source - in the

comments column)v

6.7 Ability to use the following candidate fields in report output, queries and/or calculations:6.7.1 Demographics:6.7.1.1 Location i6.7.1.2 Age i6.7.1.3 Sex i6.7.1.4 Diversity i6.7.1.5 Residency/Citizenship i6.7.2 Qualifications i6.7.3 Capabilities i6.7.4 Application status (e.g.. pre-screen, interview, offer, probation) m6.7.5 Application status history m6.7.6 Application status history dates m6.7.7 Successful/unsuccessful v6.7.7.1 Reason why unsuccessful v6.7.8 Acceptance/decline (including reason) v6.7.8.1 Reason for decline v6.7.9 Source m6.7.10 Channel, including: v6.7.10.1 Internal (i.e. current employee) v6.7.10.2 NSW public sector (i.e. another NSW Govt agency) v6.7.10.3 Employee referral i6.7.10.4 Recruitment supplier i6.7.10.5 Eligibility list v6.7.10.6 Excess employee v6.7.10.7 Alumni i6.7.10.8 Re-appointee d6.7.11 Current employer v6.7.12 Cost types v6.7.13 Productivity (e.g. time to productivity) v6.7.14 Candidate profile activity i6.7.15 Answers to all questions in the application forms (including questionnaires and pre-screening questions - please list any

limitations which existing the comments column)v

6.7.16 All other fields (please list any fields from the system which are not available - including the data source - in the comments column)

v

6.8 Ability to report on the following requisition fields in report output, queries and/or calculations:




REPORTING Std

6.8.1 Organisation m6.8.1.1 1st level (Whole of NSW Govt) m6.8.1.2 2nd level (Government Agency) m6.8.1.3 3rd level (Department with an Agency) m6.8.1.4 4th level (Division within a Department of an Agency) v6.8.1.5 More levels (please indicate the limit on the number of tiers in the comments column) i6.8.2 Location m6.8.2.1 1st level (NSW) m6.8.2.2 2nd level (Regions including metro) m6.8.2.3 3rd level (Office location) i6.8.2.4 More levels (please indicate if the limit on the number of tiers in the comments column) d6.8.3 Job category m6.8.3.1 1st level Job category (e.g. Policy) m6.8.3.2 2nd level Job category (e.g. advisor / analyst) v6.8.3.3 3rd level Job category (e.g. economic) v6.8.3.4 4th level i6.8.3.5 More levels (please indicate if the limit on the number of tiers in the comments column) d6.8.4 Job level v6.8.5 Work type v6.8.6 New role or replacement i6.8.7 Targeted position v6.8.8 Identified position v6.8.9 Classification v6.8.10 Grade i6.8.11 ANZCSO code i6.8.12 Salary range v6.8.13 Total Remuneration Package i6.8.14 Capabilities from library i6.8.15 In budget vs. out of budget i6.8.16 HR representative v6.8.17 Convenor v6.8.18 Panel Member v6.8.19 Approver m6.8.20 Applicant assessment workflow used v6.8.21 Requisition status m6.8.22 Requisition status history m6.8.23 Requisition status history dates m6.8.24 Number of positions m




REPORTING Std

6.8.25 Cost types v6.8.26 Personnel time (workload) i

7.1 The following standard measures are available in the system and can be segmented using the fields described in the prior section

7.1.1 # of applications m7.1.2 # applications by diversity background v7.1.3 # incomplete applications v7.1.4 # incomplete applications by the step of application process which is incomplete v7.1.5 # unique page views (of advertisement) v7.1.6 # candidate profiles m7.1.7 # Appointees m7.1.8 # Appointees from the eRecruitment system database i7.1.9 # Appointees from eligibility list v7.1.10 # Appointees from diversity background m7.1.11 # Appointees from Excess employee pool v7.1.12 # Offers declined v7.1.13 # Appointees who depart within 12 months v7.1.13.1 Ability to change the period to 3, 6 and 9 months d7.1.14 # of Requisitions m7.1.15 # Positions to be Appointed m7.1.16 # Filled requisitions m7.1.17 # Requisitions not filled v7.1.18 Elapsed time (days) between stages of the process v7.1.19 Elapsed time (business days) between stages of the process m7.1.20 Elapsed time to productivity (from date of appointment to full productivity) i7.1.21 Costs v7.1.22 Costs associated with a requisition v7.1.23 Costs associated with an applicant v7.1.24 Cost per Appointee i7.1.25 Personnel time associated with a requisition i7.1.26 Personnel time associated with a candidate i7.1.27 Satisfaction level - with the process (manager, applicants and appointee) i7.1.28 Quality - satisfaction with the appointee after 12 months i7.1.29 Source of application (e.g. talent pool) m7.1.30 Source of Appointee m7.1.31 Sources used i7.1.32 Channel of application (E.g. Intranet job list) m

Measures




REPORTING Std

7.1.33 Channel of Appointee m

8.1 Number of unique positions advertised during a period (variable) v8.2 Number of unique positions over a period (variable) advertised by job (variable) by grade (variable) by agency v8.3 Number of unique applications per position advertised over a period (variable) v8.4 Number of unique applications over a period (variable) by agency by job by grade v8.5 Number of applicants by source (External - overseas, inter-state, talent pool, Internal - not excess employee, Internal - excess

employee, e-list or talent pool, other as defined in detailed requirements) over a period (variable)v

8.6 Number of interviews per position advertised v8.7 Number of interviews over a period (variable) by agency by job by grade v8.8

Number of unique e-list candidates per position advertisedv

8.9 Number of unique e-list candidates over a period (variable) by agency by job by grade v8.10 Number of offers made per position advertised by applicant source v8.11 Number of offers made over a period (variable) by agency by grade by applicant source v8.12 Number of offers declined per position advertised by applicant source v8.13 Number of offers declined over a period (variable) by position by grade v8.14 Number of positions filled over a period (variable) by agency by job by grade by candidate source v8.15 Number of system users by agency by division over a period (variable) v8.16 Frequency of and usage of system by agency by division over a period (variable) v8.17 Number of excess employees by excess employee category v8.18 Number of excess employees by excess employee category during a period v8.19 Number of excess employee matches during a period v8.20 Number of excess employees who have been permanently displaced v8.21 Number of excess employees who have been temporarily displaced v8.22 Number of excess employees appointed to permanent positions during a period v8.23 Number of excess employees appointed to temporary positions during a period v8.24 Number of contingent worker placements by category by position by grade by recruitment/labour supplier over a period

(variable)v

9.1 Advertising spend by agency by job v9.1.1 Total advertising spend over a period (variable) by agency by job v9.1.1.1 Press advertising spend over a period of time (variable) by agency by job v9.1.1.2 Online advertising spend over a period of time (variable) by agency by job v9.1.1.3 Other (variable) advertising spend over a period of time (variable) by agency by job v9.2 Labour hire firm spend (excluding contingent worker spend) by agency v9.2.1 Total labour hire spend over a period (variable) for each agency by job v

System volume information

Cost components




REPORTING Std

9.2.1.1 Labour hire spend by labour hire company over a period (variable) for each agency by job v9.3 Shared services spend i9.3.1 Spend on shared services provider over a period (variable) by agency i9.4 Recruitment FTE Budget i9.4.1 Spend on FTE salaries and on costs over a period (variable) by agency i9.5 Other (variable) spend on recruitment over a period (variable) by agency i9.6 Contingent spend by agency by type by placement by labour hire firm i9.7 Agency / division size (number of FTEs) i9.8 Total advertising spend by Press, Online, Other v9.9 Average total cost per positions recruited by agency by job v9.9.1 Advertising v9.9.2 Recruitment agency spend, including shared services spend i9.9.3 Recruitment FTE cost i9.10 Average spend per contingent worker spend i9.11 Total spend on recruitment by agency v

10.1 Elapsed time taken between the following steps:10.1.1 vacancy identified to position approval v10.1.2 position approval to internal matching completed v10.1.3 internal matching completed to date advertising approval received v10.1.4 advertising approval received to position advertised v10.1.5 position advertised to when applications close v10.1.6 applications close to when cull completed v10.1.7 cull completed to last interview or selection panel finished v10.1.8 last interview/panel finished to the date that the applicant recommendation sent for approval v10.1.9 applicant recommendation sent for approval to receipt v10.1.10 applicant recommendation received to date checks completed v10.1.11 checks completed to when offer letters sent v10.1.12 offer letters sent to when position accepted in writing v10.1.13 position accepted in writing to when letters sent to unsuccessful applicants v10.2 Elapsed time between any combination of the above v10.3 Total elapsed time taken to complete each of the steps (variable) for each position (variable) by agency, by job v10.4 Average elapsed time taken to complete each of the steps (variable) for each position (variable) by agency, by job v

10.5 Elapsed time taken to redeploy excess employees i10.6 Total elapsed time with excess employee status i10.7 Average elapsed time of excess employee status i10.8 Productivity Ratio's:

Process Productivity




REPORTING Std

10.8.1 % of advertised positions filled - No. positions filled / no. positions advertised x 100 v10.8.2 % of applicants interviewed - No. applicants interviewed / No. of applicants x 100 v10.8.3 % of interviewed applicants selected for e-list - No. of applicants selected for e-list / No. of applicants interviewed x 100 v

10.8.4 % of interviewed applicants selected for offer - No of offers / No. of interviewed applicants v10.9 Productivity averages:10.9.1 Average number of applicants per position advertised over a period (variable) by agency by job type v10.9.2 Average number of applicants interviewed per position over a period (variable) by agency by job type v10.9.3 Average number of positions filled over a period (variable) to positions advertised by agency by job type v10.9.4 Average number of applicants selected for e-list over a period (variable) per position advertised by agency by job type v

10.9.5 Average number of offers made over a period (variable) per position advertised by agency by job type v

11.1 Number of permanent recruitment FTEs by Agency / Division v11.2 Calculate number of applications processed over a period (variable) per FTE v

12.1 Requisitions created m12.2 Requisitions open past target fill date i12.3 Requisitions filled m12.4 Advertisements posted v12.5 "Job views", Page impressions, unique visitors, frequency i12.6 Applications m12.7 Unique Applicants i12.8 Appointees m12.9 Offers declined m12.10 Decline motives i12.11 Applicants in filled requisition without rejected status v12.12 Candidate Profiles created v12.13 Candidate Profiles updated v12.14 Candidates matched to requisitions v12.15 Job alerts created v12.16 Job alerts updated v12.17 Job alert emails sent v12.18 Applications from job alerts sent v

13.1 Requisitions open m13.2 Requisitions open past target fill date i13.3 Requisition aging i

Quantity at a point in time

Productivity for recruitment FTE

Quantity during a period




REPORTING Std

13.4 Unique Applicants i13.5 Candidate Profiles m

14.1 Requisitions created m14.2 Requisitions open past target fill date i14.3 Requisitions filled m14.4 Appointees m14.5 Requisitions open with applicant(s) Appointed v14.6 Applicants not rejected in filled requisition v14.7 Offers Declined v14.8 Referrer of a successful Appointee d14.9 Referrer of an interviewee d

15.1 Requisitions open m15.2 Requisitions open past target fill date i

16.1 To fill requisition m16.2 To start date v16.3 To complete requisition step (i.e. Approval) m16.4 To complete applicant step (i.e. Screening) m16.5 New Appointee time to productivity d

17.1 Cost per Appointee v17.2 Cost per requisition i17.3 Cost per application i17.4 Cost per source type (i.e. advertisement, ERP, recruitment supplier) i

18.1 Manager satisfaction with process v18.2 Manager satisfaction with Appointee v18.3 Manager satisfaction with applicants d18.4 Applicant satisfaction with process d18.5 Appointee satisfaction with process v

19.1 Attraction ratio (#applications/Appointee) i19.2 Application quality ratio (#applications/interview) i19.3 Pre-screening ratio (#interviews/Appointee) i19.4 Offer quality ratio (#offers/Appointee) i19.5 Efficiency index (total cost/total compensation Appointed) i

Satisfaction during a period (variable)

Ratios during a period (variable)

Detail (i.e. a list) for a period (variable)

Detail (i.e. a list) at a point in time (variable)

Time taken during a period (variable)

Costs during a period (variable)




REPORTING Std

19.6 Target time ratio (actual time/agreed time to start) i


GOVERNMENT PRINT ADVERTISING Imp InD Cus N/A Ref CommentsU A C V N

1.1 Ability for a user to select the relevant print media options in a requisition for advertisements eg: composite, display, lineage, selected online job boards

v

1.1.1 Ability to set composite as the default i1.1.2 Ability to select a combination or none of the print media options i1.2 Ability to generate a PDF or xml file for composite ads meeting defined criteria on a specified day for job ads that will be open

for the coming week v

1.3 Ability to generate a composite file using parameters for sorting and selected fields v1.4 Ability to automatically pull information for a composite job ad from fields identified in a requisition (e.g. salary range, TRP,

location, Job title, agency name)v

1.4.1 Ability to restrict editing of salary and location information if different to the requisition i1.5 Ability to set the maximum limit of words in a composite ad globally i1.6 Ability to predefine fields that will form part of a composite ad globally i1.7 Ability to edit information that is pulled in automatically into a composite ad v1.8 Ability to edit a composite ad for modification for the next weeks advertisement if the job ad is still active for that week i1.9 Ability to select from a set of predefined display ad templates general to new government or specific to an agency i

1.10 Ability to set up predefined display ad templates i1.11 Ability to pre populate display ad on selecting a template from defined fields from a requisition i1.12 Ability to edit and modify content on a pre populated display ad i1.13 Ability to pre populate lineage ad from defined fields from a requisition d1.14 Ability to edit and modify content on a lineage ad d1.15 Ability to generate the relevant advertising order form for display and lineage ads i1.16 Ability to input required information by selection of the appropriate advertising order form when a display/lineage ad option is

selectedi

1.17 Ability to create letter drop, bulletin board advertisement for local advertising i1.18 Ability to typeset the display ads within the system d1.19 Ability to create, modify and delete advertising order forms for display and lineage ads i1.20 Ability to upload, delete, modify agency lists of print media publications and their sections as well as publication dates i

1.21 Ability to select publication, media section, deadline and publication dates from an agency configured list while identifying advertising requirements on a requisition

v

1.22 Ability to warn users if the job advertisement date is past the deadline date for a publication/newspaper they have selected by prompting them to change the date for that particular publication/newspaper. This may happen on creating a requisition or once the requisition is ready to be advertised via print media.

1.23 Ability to submit the advertising order form and display or lineage ad for approval if required d1.24 Ability to submit display/lineage ads and relevant advertising order forms to the print media vendor's system for processing d

Std



GOVERNMENT PRINT ADVERTISING Imp InD Cus N/A Ref CommentsU A C V N

Std


1.25 Ability to submit the advertising order forms to relevant NSW agencies for costing d1.26 Ability to submit the relevant display AD or lineage ad with an advertising order form to the relevant newspaper d


EXCESS EMPLOYEE MANAGEMENT Imp InD Cus N/A Ref CommentsU A C V N

Back office1.1 Ability to search agency-specific excess pool for a match prior to submitting for cross sector matching v1.2 Ability to automatically exempt job types or agencies from matching for redeployment: examples of job types include: Casual,

SES (Senior Executive Service), Apprenticeships, Traineeships, Cadetships, Bulk Recruitment Jobsv

1.3 Ability for a request for exemption form to be electronically sent to Recruitment and Redeployment Unit for approval, if approved then the position can move straight to advertising or elist matching. If approved, the Convenor is notified to check if advertising dates need to be changed for publications and then manually sent via the system to advertisement.

d

1.4 Ability for the requisition to be held for two business days while in excess matching status and not advertised if a match found and/or approved.

v

1.5 Ability for case managers to add information to the candidate profile that cannot be viewed or edited by the employee i

1.6 Ability for case managers to update the status of excess employee profiles to "available for matching" in order for them to be returned in search results

v

1.7 Ability for case manager to activate a clock that commences on "active" status and can be paused for certain statuses. d

1.8 Ability for system to notify employees and case managers of system matches once status is set to active v1.9 Ability for requisition to be set to "excess match" status if a candidate has been matched to all positions to prevent requisition

from moving to advertisementv

1.10 Ability to run pre-defined search through excess talent pool against requisition requirements (Salary Matching - +/- 6% -To be configurable, Region, Job category)

v

1.11 Ability to return a subset of candidate data (excluding personal information) including case manager contact information to Convenors

i

1.12 Ability to link matching excess employee to the requisition v1.13 Ability to forward match and requisition details for review to candidate d1.15 Ability for case manager to record whether the excess employees current salary is within the correct range for the requisition

and if not, forward to the Redeployment and recruitment unit for possible approval by email.d

1.16 Ability for the system to count number of approved matched candidates against number of positions on the requisition. Ability to progress with advertising the position if the number of matched candidates is less than the number of positions on the requisition.

v

1.17 Ability for system to notify employees if they are matched to a position by a case manager or by the system i1.18 Ability for case manager to remove excess employee from the requisition and record a reason if employee does not agree

with match i

1.19 Ability for case manager to be notified automatically if employee is successful after priority assessment d1.20 Ability for case manager to stop the activity clock if employee placed in any temporary or trial position d

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1.21 Ability for case managers to exclude their excess employees from excess matching searches based on specific statuses v

1.22 Ability for the system to exclude excess employees who are employed against permanent requisitions from future excess matching searches

v

1.23 Ability for the system to de-activate the excess employee profile once the employee is hired against a permanent requisition. i

1.24 Ability for system to send reminder notification to case manager for end date of temporary /trial placements as stated on requisition 4 weeks prior and on the day the placement ends

d

1.25 Ability to have a variety of fields in the candidate profile approx. 50 fields i1.26 Ability to have a variety of employee status approx 15 and a variety of matching status approx 17 i1.27 Ability for the system to automatically move a requisition to advertising or elist matching if an excess match has not been found v

1.28 Ability for the system to send a reminder to the case manager 3 months prior to the 12 month retention period (activity clock) d

1.29 Ability for the system to send a reminder at the end of the 12 month retention period (activity clock) d

2.1 Ability for excess employee to register a candidate profile with specific candidate-managed fields including their case manager's name

i

2.2 Ability for candidate to get system alerts or case manager assigned alerts on matching requisitions i2.3 Ability for the candidate to respond with and record the response (yes or no with comments) to a system match or case

manager matchi

2.4 Ability for the candidate to review information packs and positions details if a match is approved by the case manager for priority interview

i

3.1Redeployment Report: Details and summary statistics of successful matches of excess employees to vacancies (subject to agencies advising the outcome of vacancy placements).

i

3.2Report giving a table of case managers by agency, with location and contact details as well as details of the excess persons they are currently managing

i

3.3 Report on the details of all vacancies assigned to the currently logged in case manager i

3.4

Report giving information of successful and unsuccessful matching of excess employees to vacancies over a given timeframe. The report should include basic statistics including number of matches, how the matching occurred, how many vacancies matched employees could have applied for and reasons for failed matches

i

3.5 Report showing average time that excess employees are waiting to be matched, categorised by agency i

3.6 report giving agency case manager a report of individual employee’s matches & outcomes i

Front end

Reporting



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3.7

List excess employees: - Current Status- Surname- Given Name- Agency- Days in current status- Salary- Classification- Date excess - Total days in retention period

i

3.8

Report on those employees who have changed status, that is, excludes thoe employees whose status has remained the same:Detail the following for a time period:- # of new registrations - status of "active"- internal temporary placement- trial placement- all other statuses- Total salaries- demographics including names, Agency, date registered

i

3.9

Report upon for specified date range:- agency- time taken to move from "Active" to "redeployed, ITP and/or XTP in days"

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3.10

Matching Activity: Employee Matching report whereby reporting upon individual excess employee against a list of job matches. Report details inc:- employee name- match number / identification - agency- position title of match- position status- any notes on match

i

3.11 Match Tracking: Tracking the progress of individual matches across the system i

**

Overview of Excess matching process (see appendix for detailed flowchart)All permanent jobs (apart from exemptions) are available for excess employee matching prior to being advertised to the publicOnce a requisition is approved it is automatically matched against the pool of excess employees



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**** The profile is partially edited and managed by the case managers

The matches are forwarded to case managers for approvalIf approved, the applicants are given a priority interview and progressedOnce an employee's role becomes redundant, they enter an employee profile which is used for matching.


ELIGIBILITY LIST MANAGEMENT Imp InD Cus N/A Ref CommentsU A C V N

1.1 Ability to create Agency or Group eLists for any job v1.2 Ability to create an eList from a requisition which has candidates interviewed that are deemed eligible to hire but are not the

preferred candidatev

1.3 Ability for an eList candidate to become the recommended candidate for a requisition v1.4 Ability to rank candidates on an eList based on interview outcomes v1.5 Ability to create user groups and roles to assign various user rights to manipulate any elist v1.6 Ability to make an eList available for searching to match to other requisitions. If a candidate has opted out of cross sector

matching, then they would still be matched to requisitions created by the Agency owning the eList.v

1.7 Ability to expire an eList after a configurable predefined timeframe, thus removing requisition matching while performing eList searches

v

1.8 Ability to assign user groups to Agency eLists to allow for search and maintenance of the eList i1.9 Ability for an appropriate agency officer to search Agency eLists (for which they have access) to match their requisition to

requisitions associated with the Agency eList prior to advertisingv

1.10 Ability to identify candidates in an eList that should be made available to appropriate agency users outside the Agency owning the eList if the requisition matched during a search for eligible candidates

i

1.11 Ability for a candidate on an eList to agree to be made available to other agencies for selection to a similar role v1.12 Ability for a candidate to be on multiple eLists v1.13 Ability to associate an eligible candidate from an eList to a new requisition and either offer immediately or undertake the interview

processv

1.14 The system enables all candidates to opt in for consideration for other roles across Government while applying for a role if they become part of an eList (ie: A mandatory checkbox across all applications). By checking the box, their candidate record becomes searchable when similar requisitions are being filled.

v

1.15 The ability for the system to incorporate multiple application statuses for eligible candidates: For example eligible cross sector, eligible (status labels to be defined during configuration). This requirement addresses the need for two tiers of eligibility.

v

1.16 The ability for eligible candidates to withdraw their application once a position has closed. This updates their application to Withdrawn and removes them from e-list search results if they were part of an elist for that application.

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1.17 The ability to specify whether the eligibility lists should be a source for a specific requisition (e.g. A checkbox to indicate this source needs to be searched, as well as assigning this as a task prior to advertising the position).

v

1.18 The ability to access pre-defined searches for e-list searching (eg. - All candidates with a status of eligible cross-sector, who have been changed to this status within the past 12-months). The pre-defined search should also enable the addition of ad hoc filters such as job function and level.

v

1.19 Ability to display the following information to the HR Officer for the requisition as a list within search results: v1.19.1 The matching candidate name v1.19.2 The requisition for which they are eligible (Note - a subset of data displayed which shows the salary, capabilities, selection

criteria and job title)i

1.19.3 The date when they became available (this relates to the date the selection report is approv i

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ELIGIBILITY LIST MANAGEMENT Imp InD Cus N/A Ref CommentsU A C V N

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1.19.4 Candidate score and/or e-list ranking i1.20 Ability for the system to automatically update the status from any eligible status to a status of expired after a 12-month period has

passed since selection report approval.i

1.21 Ability to track and report the following i1.21.1 Number of e-list candidates that were attached to a requisitio i1.21.2 Number of e-lists currently available (This relates to approved selection reports against individual requisitions where there are

eligible candidates specified)i

1.21.3 Number e-lists approved in a period (As above i1.21.4 Number of candidates currently on an e-lis i1.21.5 Number of candidates on e-lists approved in a perio i1.21.6 Number of appointments where candidates were sourced from an e-li i1.22 Ability to go to advertising automatically if elist matching is not part of the sourcing strategy identif v1.23 Ability for Convenor or HR officer to move the position manually to advertising if no elist candidates are found if elist sourcing was

selected as a sourcing strategyv


CONTENT MANAGEMENT SYSTEM Imp InD Cus N/A Ref CommentsU A C V N

1.1 A content management system for the jobs.nsw website with the ability to add, edit and delete : v1.1.1 Pages v1.1.2 Hierarchy of pages i1.1.3 Content on pages, including graphics, images and diagrams v1.1.4 Links between pages v1.1.5 Links to the eRecruitment system v1.1.6 Links to pre-defined search results i1.1.7 Headers and footers v1.1.8 Banner and tile ads v1.1.9 Navigation bar options and content v1.1.10 Navigation bar location v1.1.11 Ability to set up a variety of information pages ranging from Frequently Asked Questions (FAQ) to structured guides

accessible from the system for back office and front end functions/users. v

1.1.12 Ability to render documents for browsers as some form of HTML. This rendering should produce either XHTML or version 4.01 or later HTML

v

1.1.13 Provide tools for managing internal links and for verifying external links. Internal management should include automatic updating of links to deleted/moved pages and verification of links before publishing pages.

i

1.1.14 Ability to have built-in web applications - Blog, wiki, forums, calendar, site map, etc d1.1.15 Ability to host digital content such as videos etc d1.1.16 Ability for the system to separate content from presentation by supporting external style sheets rather than using inline

stylesi

1.1.17 Ability to have content customized based on attributes of client, such as browser version or device type (a PDA for example).

d

1.1.18 Ability to talk to other web applications/systems/portals using well known Web Services protocols such as SOAP. d

1.1.19 Ability to generate RSS feeds d1.1.20 Ability to ensure that New pages and/or edited pages are not automatically available on the web but can require third party

review beforehandi

1.1.21 Ability to create templates for content providers to use in creating new pages, templates can not be edited by content providers

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1.1.22 Ability to have an integrated or a pluggable WYSIWYG web-editing solution, that allows creation of content without knowledge of underlying coding.

v

1.1.23 The ability to control what text editing objects are available to the end user, i.e. coloured text, flashing text, other fonts, etc i

1.1.24 Ability to have content edited or created through a variety of system-supplied forms i1.1.25 Ability for content creators to view content as it will appear online before that content is published i


Std


CONTENT MANAGEMENT SYSTEM Imp InD Cus N/A Ref CommentsU A C V N


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1.1.26 Ability to have an audit trail of when each file was modified and by who. i1.1.27 Ability to have a user access/role based system with roles, such as "creator," "editor," "designer" (access to templates),

"administrator", "approver".i

1.1.27.1 Ability to have version control and collaboration of content i1.1.28 Ability to have pages with start and end dates. Not available before start date, and removed from public view after end date i

1.1.29 Ability to export or manipulate content as XML marked up text i1.1.30 Ability to interact with social networking sites to push information d1.1.31 Ability to generates statistics on amount of use of site. i1.1.32

Ability to run banners ads on the website to link to jobs for specific agencies or bulk recruitment jobs

i

Content Management Overview* The NSW Government eRecruitment system is to provide a full service to government agencies and the public. This includes providing relevant information and content for functions that

support all levels. The eRecruitment system, is to be delivered within the content management system


HEALTH SPECIFIC REQUIREMENTS Imp InD Cus N/A Ref CommentsU A C V N

1.1 Ability to approve Selection Panel members as separate approval process at requisition stage v1.2 Ability to link multiple selection panels to one requisition v1.3 Ability for multiple positions to be associated with:1.3.1 Speciality (ie candidate searches by speciality and can make one application that includes preferences for multiple

hospitals/networks)v

1.3.2 Hospital (ie - candidate does a search by hospital and speciality and makes one application per position. v1.3.3 Network (ie - Candidate performs a search for a network as well as speciality and makes one application - these are

generally rotating positions across several hospitals and Area Health Services so may or may not allow the candidate to list preferences.)

v

1.4 Ability to automatically rank applicants as first and second priority based on responses in fields to international Medical Graduate questions for certain identified positions. (ie - where a large applicant pool is expected). These questions would be asked as part of a profile and flow through to all applications.

v

1.5 Ability for candidates to resubmit a withdrawn application unless close date has passed v1.6 Ability to Integrate with HRIS at key points in the process - e.g. to create a new starter record i1.7 Ability to associate users with a facility, Area Health Service, network or list as a universal user (across positions and panels at

facilities and networks)v

1.8 Ability to associate multiple locations to an individual requisition and/or online advertisement v1.9 Ability to link eligible candidates to multiple positions so applicants can be interviewed for a number of positions at one

interview and allocated to a position from a single sourcev

1.10 Ability to create hierarchies of users enabling grouping and relationships e.g. Panel members of all positions set up by a particular JMO manager

v

1.11 Ability to create single eligibility lists across multiple panels for a requisition(s) v1.12 Ability to link panels to multiple positions (creating the option for a Director of Workforce Development to only have one panel

to sign off that will interview for all positions in a certain speciality e.g. - Cardiology)v

1.13 Ability to share applications with relevant colleges who may be panel meme i1.14 The ability to Automatically check for duplicate candidate applications v1.15 The ability to merge duplicate candidate applications v1.16 The ability to create groups of users by organisation, position and panel v1.17 Preference matching - positions should be grouped by position title or speciality and allow applicants applying for one or more

positions to mark their preference across multiple locationsi

1.18 Preference matching - the system matches candidate preferences to interview score ranking to allocate offers for positions that have preference matching.

i

1.19 The ability for the user to search advertised positions by: i1.19.1 Recruitment Round, Speciality, Sub-speciality, sub sub speciality, position title, service, facility, network, award

classification.v

Junior Medical Officer Recruitment


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1.20 The ability to sort positions by column titles such as position title, speciality and service etc. v1.21 Ability for the system to alert a candidate or the convenor if the candidate has been scheduled to multiple interviews at the

same date and timei

1.22 Ability to associate different assesment panels (2-3) to a requisition for different stages of the assesment process. Please comment if there is a limit.

v

2.1 Ability for nurses & midwives to submit a single application with preferences listed for multiple programs. Note - the average intake has 1880 separate nursing & midwifery positions across 144 programs. Please specify how you would recommend the applications be managed from a single application point.

v

2.2 Ability for the system to automatically link applications to appropriate requisitions based on their first preference v2.3 Ability for the system to automatically link any applicants who have listed certain specified facilities as any of their preferences

to those requisitions as well.v

2.4 Ability for those candidates not offered in round one to be ranked and made available for further preference matching v

2.5 Ability for system to run a script to match candidates to requisitions based on their score and preferences (for example, candidate is not offered first preference and gets a score of five for their interview at first preference. This score is then reviewed against their second and third preferences if positions still available there until an appropriate match is found. This is an automated process.) The script will allocated based on merit and certain attributes.

v

2.6 Ability for relevant officer to change application preferences and details once application is closed and interviews have not been conducted. The applicant should get an email notification of the change

v

2.7 Ability to change applicant preferences after interviews prior to allocation without notifying the candidate via email v

**********

Graduate nurses and midwives

Production of offer emails and letters for each position

JMO managers list job descriptions associated at facility, area heath service and / or network level with multiple attributes and characteristics e.g. Position Title , Award titleApplications submitted onlineInterface with Health Jobs website enabling direct advertisement of job description

Enables the approval of the eligibility list by DWD

Automatic ranking of applicants as 1st and 2nd priority based on responses in fields to international medical graduate questions

Move unallocated applicants and unfilled positions through the wash-up (preference matching) process

Overview of JMO recruitment process (see appendix for detailed flowchart)

Enables the creation of single and/or multiple interview panels that can be associated with positions by the ConvenorEnables approval of the interview panels by the DWD (Director of Workforce Development)Enables the creation of eligibility lists for each position by the Convenor




Std

*

**********

If successful - offered position, otherwise they are put in an elist with a ranked score

Elist is then used to fill any positions declined once offers are made.

Includes a program and preference list of up to 8 preferences.Nurses/Midwives interviewed by first preference hospital and certain other hospitals if they have selected them as a preference

Reporting on effectiveness

Program is to hire new graduate nurses and midwives who will complete their degree in the current year for work in the following year

A predefined script is run to match all candidates on elist to open positions by matching their preference against the ranking given to them by the hospital they interviewed at Applicants are linked to the appropriate requisition based on the matching algorithm and progressed after this activity.

If position still not filled than it may go for ad-hoc recruiting once the bulk recruitment activity has finished

Overview of Graduate nurse recruitment (see appendix for detailed flowchart)

A certain number of graduate contract positions are identified across all hospitals in NSW (public and some not for profits/private use the system currently)One application form for all positions


DEPARTMENT OF EDUCATION SPECIFIC REQUIREMENTS Imp InD ducati N/A Ref CommentsU A C V N

1.1 Ability to support multi lingual requirements for Job postings. Please provide details of your system's functionality in the comments column.

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1.2 Ability to for the system to suggest or identify what the panel composition should be. Business rules should only be used to suggest and not restrict. An example would be a job template that pre-populates the requisition with pre-defined panel members which can then be edited prior to approval.

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1.3 Ability to identify special needs for applicants and panel members before panel is selected and approved for a specific position. Note, there should be a flag for a special needs applicant.

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1.4 Ability for the Convenor to nominate a proxy for the panel (i.e. delegated panel members). i1.5 Ability to change or add to the panel composition subject to confirmation by the authorised person before proceeding further. i

1.6 Ability to allocate an employee ID as the candidate ID if the applicant specifies they are an existing employee (i.e. eRS generated ID for non-employees, and existing employee ID for staff) i

1.7 Ability to associate an applicant tracking ID number to each application registered. (This would be the existing employee number for current or past employees).

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1.8 Ability to record and maintain accreditation data for all applicants, with ability to rank, for teachers, qualifications (and institution), major study areas, subjects (at year level) approved, subject groups, special education areas approved etc). Accreditation data for schools refers to Institute of Teachers – For All

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1.9 Ability to record and maintain the applicant's preferences for: mode of employment (e.g. full time, part time, casual, or conversion from casual to permanent employment); location (e.g. Blacktown, Lismore); organisational unit ( e.g. primary school, secondary school, finance unit), skills area (e.g. math teachers years 7-10, IT applications). In addition ability to maintain designations and classifications at application level, Ability to tick multiples in various applicants preferences (e.g. locations, designations, etc). Preferences will normally be hierarchical in case of schools (language teacher at a primary school in Dubbo) but can allow for some preferences to be equal (e.g. teach at primary or secondary school).

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1.10 Only relevant for schools: Ability for capturing subject approvals based on verified successful prior experience, qualifications. i

1.11 Ability to maintain existing data by applicant. The existing personal details of any applicant who is an existing employee or applicant will be retrieved or defaulted and not require re-entry for registration of an application.

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1.12 For TAFE/Corporate: Ability for applicant to edit application data only until closing date or up to short listing where missing information has been requested by the panel.For schools: Ability for system to prevent editing of data by applicant once an advertisement has been closed.

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1.13 Ability to link employee work history to suitability/eligibility lists for confirmation of roll over for periodical review. i

1.14 Ability for the system to capture different types of transfer based on the different priorities. i

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1.15 Ability to record and maintain applications for transfer. Details to be recorded include: the type of transfer e.g. service, executive, nominated, voluntary regression, compassionate; employment category; reason, partner details and supporting documentation if relevant to type of transfer (e.g. compassionate); comments; and preferences for locations, employment types e.g. full-time, part-time, EEO category), number of hours/days required if part time is nominated etc.

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1.16 Ability to capture transfer rules and transfer types per employment category. i1.17 Ability for system to validate eligibility for transfer based on business rules. Ability for system to match the criteria when

vacancy occurs. Convenor needs to be notified on match result. Eligibility need not just for positions but for allowances, entitlements for relocation, etc.

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1.18 Ability to track, maintain, review progress of transfers. Details to be recorded include: type of transfer [e.g. compassionate, career development, job swap], date referred to committee [if relevant], further information requested, eligibility and approval periods, currency, committee's recommendation, date applicant advised of outcome, date made active, whether there are two types of transfer overlapping [e.g. service and compassionate] appeal details etc.

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1.19 Qualified only for Schools. Each district is assigned a pre-approved list of default districts for transfer purposes. In the case of 'Nominated', 'Resumption to Duty' and 'Mobile' transfers for teachers, the system is able to allocate the pre-approved default districts to their list of preferences. The list should be capable of being time constrained and there should be electronic prompts to relevant staff units where other factors are to be considered [e.g. nominated SASS officers, compassionate transfers nominated transfers between anticipated and actual period]. There is also a requirement to permit approved staff [e.g. principals] to enter nominated transfers on behalf of employees. Default districts to be deleted at time of appointment, when the appointment made uses the application type for which the default districts were generated

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1.20 Ability to create and maintain a register of displaced and excess officers that includes details of salary maintenance, possible alternative positions and other negotiations. Include an interface with existing corporate services displaced and excess central employee database

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1.21 Ability to record key dates and outcomes for each stage of the displaced or excess officer process to provide a means of tracking progress as well as providing a historical record for each case.

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1.22 Ability to source applications from list of internal and external employees based on the priority status before posting the job for external applicants.Priority in filling positions-Schools - Teaching Priority (P) 1: Nominated / Compassionate/ Incentives/ ATSI-SIP/Mobiles/ NSS; P2: Sponsored/Resumption/Aboriginal Employee/ Aboriginal Transfers P3: Service Transfer – General and Service Application Types; P4: Interested Pool Graduates/ Top Graduate/ Interested Pool Service Transfer/Top Match Service Transfer/Top Match Employment Pool/ Employment Inter Pool /AdvertisingSchools: Executives - P1 - Nominated/Incentives; P2 - Compassionate; P3 - Resumption; P4 - Advertise; TAFE - P1 – Displaced/Excess staff; P2 - Transfers (Application for Compassionate/Voluntary); P3 - Voluntary Regression; P4 -Internal Filling – (Advertise internally/ Eligibility list/Suitability list/EOI); P5 - External advertising (Note: external transfers operate outside of the normal recruitment process)Corporate (except SES and Senior Officers) - P1 – Displaced/Excess staff; P2 - Transfers (Transfer Applications/Compassionate/Voluntary); P3 - Voluntary Regression; P4 – Career Development Opportunities; P5 - External adv

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1.23 For Schools: Ability to maintain priority date for an external candidate and flexibility for system to shift the priority date depending on various business rules.

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1.24 For Schools: Ability to match teacher and SASS vacancies against applications i1.25 Ability to allow for the capture of applicant information for those staff that are available for redeployment or have applied for

transfer or regression.i

1.26 Ability to identify vacancies not matched through one of the selection processes that require formal advertising to occur. i

1.27 Ability for the matching process to retain all details of eligible/short-listed applicants for possible interview, manual selection and placement, and of applicants to be culled or retained on application register for further matching against future positions. It will also permit letters to be prepared for applicants culled and those called for interview, and permit relevant documentation, forms and information packages to be produced for selection panels.

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1.28 Ability to present the match results in ranking order according to degree of match. The matching should comply with the various rules that apply to various employment categories - e.g. priority to excess, displaced employees, transfer points accumulated by teachers. Search results should also be provided for use by personnel, managers, principals and/or other relevant parties, who have to maintain records with conversations, correspondence, etc. For example, a staffing clerk who has responsibility for a geographic area, letter of surname, classification or a functional unit, could obtain access or reports related to their area.

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1.29 For Schools: Ability to search for teaching staff by sector, teaching area or subject or year level experience and other criteria for matching with generic school positions.

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1.30 Automated trigger to Staffing Services where teacher has nominated eligibility for casual teaching (e.g. CRC, accreditations, casual approval).

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1.31 Ability for external applicants and existing staff to undertake casual employment within the department. People with relevant teaching qualifications can register to teach on a casual basis. Casual teaching approvals are to be capable of being time limited. Upon registering an applicant for casual employment, their other current applications for permanent employment if any, are to remain active.

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1.32 Ability to record and maintain information relevant to appointment, transfer or promotion, such as teaching areas or subjects or accreditation for which the applicant is qualified to teach etc. An applicant's ability in these areas form part of the assessment process. A date of assessment, name and position of the panel chair, and the unit/school/location responsible for the assessment where appropriate.

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1.33 Ability to assess, record and maintain an applicant's record of meeting all requirements for employment.. This should permit verification checks to be performed on applicants for employment and transfer. Verification involves the checking of such things as criminal records, not to be employed lists, qualifications, eligibility for employment criteria, language skills [e.g. English competency], prior service and the existence of unrecovered overpayments owing to the Department etc. To facilitate this checking the system should be capable of interfacing with other government departments [prior service], Commission for Children and Young People or Crimtrack [for criminal records check], educational institutions [for qualifications checks]. For criminal records checks the system should be able to record different levels of checking performed and identify discrepancies between levels required when existing employees seek differently classified employment within the Department. Applications should be flagged where transfers cross award classifications [e.g. teacher to admin or SASS to admin] as these are not normally permitted.

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1.34 For Schools: Ability to capture and process teacher employment application and consideration under the matching process. i

1.35 Ability to renew pre-screening checks for a particular validity period. i1.36 Ability to allow for appropriate restrictions for reemployment for applicants previously employed by the Department e.g. not to

be employed and medical retirements, career change scheme, voluntary redundancy, debt recovery.i

1.37 Ability to create and maintain various rules for matching applicants with vacant positions. Rules may vary according to award conditions relating to the specific categories of employees such as permanent, part time and casual teachers, clerical staff etc. Some employee categories on permanent part time who seek a transfer can be matched only against positions of same hours. System must be able to apply priority criteria when matching applicants to vacancies – e.g. targeted graduate teacher, aboriginality, excess, displaced. The system matching of applicants to positions should permit many to one, many to many and one to many options, and permit flagging of applicants short listed or selected, identify whether transfers are by direct appointment or require an offer or an interview, and report on the outcome of all match processing and retain a history of these results.

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1.38 Details of the response from applicants who have been sent a letter of offer of employment can be recorded, maintained and tracked with appropriate alerts of responses not received within specified time frames.

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1.39 Ability to track the responses related to sharing of personal details, eligibility lists, etc. i



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1.40 Ability for system to notify the relevant persons in case there has been no suitable person selected for an opening. i

1.41 Ability to provide flexibility for associating different levels of criminal check based on positions (classification). i1.42 Ability to have criminal record checks done for employees also apart from external applicants (e.g. separate checks needed for

employee when moving from non-child related to child related job).i

1.43 Ability to record volunteers or contractors (agency staff) for criminal record checks on system. i1.44 Ability to record pre-employment and permanent checks: e.g. medical checks, not to be employed list, conduct and services,

(manage and automate the process of pre employment checks - interface to existing systems etc)i

1.45 Ability for system to flag to administrator if there are other outstanding applications for positions. System to be able to record if other applications are to proceed, be cancelled by applicant or nullified by the Department. Automatic or manual decision to be based on certain business rules.

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1.46 Ability to facilitate the appointment process for any positions subject to an appeal by identifying the appointment as probationary subject to appeal outcome, or permit the appointment process to be suspended pending the appeal outcome.

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1.47 Ability to block the appointment for reasons such as Appeals/Complaints in process. i1.48 Ability for system to identify types of inductions eg. Online or direct face to face, different modes of induction - depending on

employee category.i

1.49 Ability for system to show that a new employee has been inducted successfully after online training (induction) has been attended as part of learning and development process. Need to ensure flexibility with content and design of induction material to suit different employee classifications eg. Teaching and non teaching.

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1.50 Ability to create and maintain a register of recruitment and promotional campaigns including details such as educational institutions visited advertisement text and campaign results etc.

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1.51 Ability to record and track no-rehire (not to be employed cases). To be checked in other processes for contractors and employees as well - Integration- Legal implications to be considered e.g. work performance or failure in background checks.

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1.52 Ability to restrict the size of applications and/or attachments to be sent by applicant. i1.53 New report - Ability to indicate staff who have agreed to participate as independents on panels. Ability to record contact details

of participating employeesi

1.54 Ability to record and maintain historical data on various pre-employment tests. i1.55 Ability to identify the mode of appointment e.g. merit, service, transfer [by type] direct appointment etc. i1.56 Ability to identify appointments which are subject to appeals and those which are not subject to appeals. i1.57 For schools only: Identify appointments that are subject to Complaints. i1.58 Criminal Check - Ability to identify reoccurrences or not to employ list. Report on entry status: Cleared, Enquiry or, Decline.

Report for reoccurrences when clearance period lapsed.i



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1.59 For TAFE/Corporate only: Part time teacher suitability list: Ability to retrieve and merge suitability lists and automatically update (If PTT not employed within 2 years of advertising again, automatically drop off - criminal clearance to be auto updated).

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1.60 Ability to Identify agency and work experience i1.61 Only for Schools – Ability to list school appointments and history. i1.62 Ability to track all aspects of appeal in process and outcomes. i1.63 Ability to perform Criminal record checks with help of electronic interface [currently via Commission for Children and Young

People] before an appointment can be confirmed. The system will provide information on CRC’s requested, pending, and finalised. Appropriate staff will be able to monitor the progress of a CRC and the outcome of the check will be maintained for each check undertaken. The system will be able to record different levels of criminal records checking done and identify discrepancies in these levels where employees seek to transfer to different classifications of employment. The system will also permit CRC’s to be recorded at any time prior to confirmation of appointment, permit multiple CRC’s to be recorded, permit CRC’s to be recorded for non-employees such as private tutors, volunteers, and to hold information such as driving licence number, passport number, and maintain a history of name or address changes, maiden names. [CRCs may not be via electronic media always but through fax or letters too.]

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1.64 Ability to Interface with health quest and other medical providers electronically. i1.65 Ability for system to interface to ETASS system for criminal checks or verification. i1.66 Ability to interface to Gazettes and other publication websites electronically. Interface required for publishing appointments and

generating letters (covering all different employment types). Ability to link to TRIM file.i

1.67 Ability to create and maintain a date/period after which an application will become inactive. TAFE/Corporate: History of applicant data (if they haven’t worked) needs to be maintained for certain period only after which applicants become automatically inactive. Schools – data for applicants (teachers) if they haven’t worked needs to be maintained for 5 years following which a review process needs to be done and does not make the applicants automatically inactive.

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1.68 Ability for system to incorporate review and approval process for panel role composition (salary, staff selection training, etc). i

1.69 Ability to have a central database for transfer applications and to be accessed based on restricted visibility in order to maintain confidentiality (ESS or MSS). Applicants can be on applicant database as well as on transfers’ database.

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Overview of Teacher recruitment

Applications for compassionate transfer status are reviewed annually.

The subject/teaching area codes, special aptitude codes and areas of expertise codes are used to run the computerised match. Once a teacher submits an application for transfer the application remains current until an appointment is received or the applicant withdraws his or her application.



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** If the position has not been filled through the above methods, the school selects the method of filling the vacant position from one of the options below:

• Advertisement.• Service transfer• Graduate Recruitment• Employment

The staffing operation commences on day one, term two and finishes on the last day of the school holidays prior to the commencement of term two of the following year.Classroom teachers, executive staff or principals successful in gaining a position will take up their appointment at the start of either term one or term two, unless a different starting date is negotiated by Staffing Services.

Classroom teacher positions will be filled in the first instance by priority transfer. The position is then considered by Staffing Services for filling by Aboriginal or Torres Strait Islander employment, resumption of duty or teachers completing targeted recruitment programs.

Where a position is not filled in these ways, the school selects whether it will be filled by advertisement or from the service transfer*, graduate recruitment or employment lists.Filling vacant classroom teacher positions

If the position has not been filled through steps 2 or 3, Staffing Services runs a computerised match for service transfers from the group of teachers who had an active service transfer application on the system as at a specified date.

The subject/teaching area codes, special aptitude codes and areas of expertise codes are used to run the computerised match.

Staffing Services runs a computerised match for priority transfersThe subject/teaching area codes are used to run the computerised match.Where there is a suitable priority transfer match, an appointment is made.If there is no priority transfer match, the position is considered by Staffing Services for filling by:o Aboriginal or Torres Strait Islander employmento Resumption of dutyo Targeted recruitment programs (Scholarships; Accelerated Teacher Training; Retraining)

The principal submits the requirements of the vacant position to Staffing Services.

The subject/teaching area codes, special aptitude codes and areas of expertisecodes are used to run the computerised match.

Summary Document ONLY - NSW eTendering

Documents

Transcript of Summary Document ONLY - NSW eTendering