Contracts

LCHS engages contractors to provide goods or services through agreement as part of its ongoing business operations. This policy aims to ensure LCHS’ expectations and management of contractors is handled legally, ethically and in a transparent manner for all parties.

This policy relates to all contractors engaged to provide goods and or services such as facilities maintenance and management, service agreements, clinical contractors and contractors providing direct services to our clients.

LCHS contractors shall be considered to be agents of LCHS and therefore required to comply with LCHS’ relevant policies and procedures. A breach of these policies may result in disciplinary action as specified in this policy and other relevant policies and procedures.

Contracts between LCHS and suppliers of goods and services shall be used and actively managed to minimise risk, and ensure best value to the organisation.

LCHS shall:

  • Maintain standard LCHS contract documentation.
  • Sign and execute contracts within the delegation of authority.
  • Meet legislative and / or funding body requirements.
  • Administer all contracts within the following categories:
    • Organisational Contracts
    • Brokerage Contracts
    • Property Leases
    • Other contracts, e.g. property.
  • Negotiate contracts within the following categories:
    • Funding and Service Agreements
    • Purchase Contracts
    • Provision Contracts
    • Other contracts.
  • Actively manage contracts through regular compliance monitoring, review and reporting.
  • Evaluate contractual issues as per the Risk Management Policy and Risk Management Procedure.
  • Ensure contracts detail service provider Code of Conduct and modern slavery expectations.

Contract management responsibilities

Board responsibilities
  • Determine delegation of contract management operational responsibilities
  • Responsible for oversight and governance of contract management
Executive Director responsibilities
  • Compliance management of Contract Management Policy and other associated policies and procedures
  • Handling of suspected fraud or corruption
Legal Counsel responsibilities
  • Provision of legal advice relating to contractual arrangements
  • Drafting and reviewing contractual conditions
  • Oversight and handling of legal contractual issues
Manager Governance responsibilities
  • Operational management and oversight of contract administration
  • Provision of governance guidance in the management of contractors
  • Maintenance of relevant policies and procedures
Contracts Officer responsibilities
  • Administration of contracts including review, creation, amendment, compliance oversight of required credentials, and cessation
  • Preparation of compliance and performance reports as required
Finance Officer responsibilities
  • Administration of financial transactions relating to contracts and agreements
Delegated Officer responsibilities
  • Entering into contracts and agreements as per Instrument of Delegation
  • Authorisation of financial transactions as per Financial Delegation of Authority
Program Manager / Responsible Manager responsibilities
  • Identification of operational need and sourcing of contractors within LCHS policy and procedure
  • Operational oversight of contractor/s
  • Investigation and response to incidents and feedback relating to contractor/s
  • Ensuring appropriate training/induction is provided to contractor/s
  • Completion of risk assessments as required
  • Ensuring compliance with Fair Work Act and Fair Work Regulations
  • Ensuring term and conditions of contract are relevant, monitored, achievable and enforced
All Staff responsibilities
  • Reporting of suspected fraud, corruption, and/or conflicts of interest
Contractor responsibilities

As per contractual arrangement, including but not limited to:

  • Ensuring goods/services are delivered as agreed within contract/agreement
  • Notification to LCHS of changes to business structure, staffing, fees and charges as soon as practicable
  • Maintaining appropriate qualifications, credentials and competencies and notifying LCHS should these not be met
  • Maintain appropriate police checks or other safety checks for employees as require, notification to LCHS where disclosable outcomes are identified
  • Maintain adequate insurance coverage and provide LCHS with current policies
  • Ensure all staff are immunised as per legislative requirements, notification to LCHS where these are not met
  • Ensure LCHS training and induction programs are undertaken and understood by employees
  • Ensure risk and other assessments are conducted and followed up as required
  • Immediately raise issues that cause OHS or safety concern with Program Manager / Responsible Manager
  • Report incidents as soon as practicable, no later than 24 hours after incident occurred
  • Report concerns for safety and wellbeing of LCHS clients
  • Ensure all employees are paid the correct wages or remuneration and ensure compliance with Far Work Act and Fair Work Regulations
  • Ensure paperwork and invoicing is accurate and submitted in a timely manner as per LCHS procurement policies and procedures
  • Reporting of suspected fraud, corruption and or/conflicts of interest

Service delivery

Training and induction

Contractors shall undertake relevant training in LCHS policies and procedures relevant to the service being delivered. Program managers shall be responsible for ensuring appropriate training and/or induction has been conducted and understood by contractors.

Qualifications and training

All contractors shall hold valid and appropriate qualifications, and be adequately trained for the services being provided.

Contractors shall provide evidence of qualifications and training records prior to engagement, and ongoing as requested by LCHS.

Performance management and oversight

Contractors shall perform activities including administrative requirements in a manner and with equipment in a condition within LCHS’ expected standards.

LCHS shall conduct regular, scheduled compliance audits against key performance indicators as per contractual conditions.

Any breaches or non-conformance shall be reported to the program manager and Executive Director as appropriate. Breaches shall be recorded on the LCHS contract management system.

Contractors shall be provided in writing a report outlining performance issues and shall be granted the right to respond to the report in writing within 10 working days.

LCHS reserves the right to access information specific to the contract or agreement held by the Contractor when required. Contractors shall respond to LCHS requests within 72 hours unless otherwise agreed by LCHS.

Service delivery standards

LCHS is accredited against various industry standards. Contractors shall work within the relevant standards and participate in accreditation assessments and other audits or regulatory activities as required.

Change of business details

Please advise us as soon as possible of any changes to business details, such as postal address, phone numbers and key contacts. If you have sold your business, please ensure you advise us as soon as possible to allow a seamless transition to the new owner/s.

Subcontracting

Please note that LCHS does not allow the use of subcontractors in provision of service to our consumers without prior written consent from LCHS. Please advise us if you are intending to utilise subcontractors, so we are able to conduct the appropriate checks prior to service provision in the interest of our consumer’s safety and wellbeing.

Privacy and communications

Portt

LCHS has a fully electronic contract management system, called ‘Portt’.

The Portt ‘Hub’ allows us to effectively communicate and interact with our contractors. Insurances, certifications, credentials and compliance checks can be uploaded by contractors,as well as writing notes and sharing other information. Contractors retain full access and permissions to their documents in the Hub throughout our relationship.

LCHS shall share contracts, agreements and other information through the Hub. LCHS electronically signs and executes all contracts and agreements through the Hub.

When you engage with us, you’ll receive a welcome email from Portt:

Contractors can expect to receive information and emails from Portt, as below:

Privacy and use of information

LCHS collects, stores, protects, uses and discloses contractor information as per its Privacy and Management of Information policy, available on LCHS’ website, and within relevant legislative requirements.

We are bound by law to protect and respect the confidential nature of the personal and health information we collect while providing services. We are also bound to protect your information, as contractors.

We can protect our consumers’ privacy by:

  • Having conversations about consumers in a private space, and with consideration of others ability to hear and gain information
  • Keeping concise, factual records of our consumers
  • Ensuring all consumer information is kept in a confidential manner
  • Only disclose information when we have consent to do so, or when it’s required by law.

Please ensure you respect the privacy of our staff and clients, and let us know if you become aware of any breaches of privacy by completing an incident report form so we can take action to reduce the risk of harm.

Please also note we shall only disclose information regarding our contractors when required to do so by law. You can read our privacy policy here.

Safety

Risk and incident management

LCHS is dedicated to providing a safe environment for all. We are all responsible for ensuring the safety of others, and ourselves and following direction as detailed in this policy and LCHS procedures.

Incident reporting is one mechanism for ensuring our safety as it:

  • assists us in maintaining a safe environment and improving our service to clients by highlighting events that may have resulted in, or have the potential to result in harm;
  • allows us to minimise the risk of a recurring incident; and
  • is an important component of risk management and continuous improvement.

We are committed to learning from all incidents, and encouraging an environment where incidents are recognised, investigated, and whenever possible, systems and processes put in place to minimise risk of re-occurrence.

Contractors shall report all incidents within 24 hours of occurrence through completion of the LCHS incident reporting form. Where access to this form is unavailable, contractors shall report the incident by phone to their immediate contact or by phoning 1800 242 696 and requesting to speak to the Quality Team.

All reported incidents are to be investigated and actioned in confidence by the relevant manager, as per corporate procedures, and documented through the LCHS incident management system.

Root Cause Analysis (RCA) methodology shall be used when required to investigate incidents classified as (or having the potential to be) very serious or catastrophic.

LCHS shall comply with all external reporting and statutory obligations, including privacy, when incidents occur.

LCHS reports on risk and incident management to internal committees on a regular basis to allow development or amendment of systems and to minimise risk of re-occurrence.

Insurance

All contractors shall hold valid and appropriate insurance coverage for the services being provided.

Contractors shall provide evidence of insurance policies and coverage prior to engagement, and ongoing as requested by LCHS.

Immunisation and infection control

COVID-19

Latrobe Community Health Service (LCHS) is committed to ensuring the health and safety of our clients, and therefore requires all who are providing services to LCHS clients to be fully vaccinated against COVID-19.

A person is considered fully vaccinated if the person has received a booster dose. A person has received a booster dose if they have received:

  • a second dose of a COVID-19 vaccine after receiving one dose of a one dose COVID-19 vaccine; or
  • a third dose of a COVID-19 vaccine after receiving two doses of a two-dose COVID-19 vaccine including different types of two dose COVID-19 vaccines.

A person with a medical contraindication to, or temporary medical exemption for all available COVID-19 vaccines must show evidence of this to LCHS, and are excepted from the vaccination requirement.

Evidence of a medical exemption must be sighted by LCHS:

  • in the form of a letter from a registered medical practitioner; or
  • in the form of a certificate issued by Services Australia that states that the person is unable to receive a dose, or further dose, of a vaccination against COVID-19 due to—

o  a medical contraindication; or

o  an acute medical illness.

No person shall provide services to LCHS clients unless fully vaccinated against COVID-19, or without a medical exception in place.

Immunisation against infection diseases

LCHS requires all who are providing services to LCHS clients to be vaccinated against infectious diseases as per legislative requirements, or as detailed in the Department of Health and Aged Care’s ‘Australian Immunisation Handbook’. Risk assessments shall be conducted, and mitigation strategies implemented where immunisation requirements have not be met.

Contractor safety

Occupational health and safety

We are committed to ensuring you are safe when delivering services to our consumers. Please report any incidents where you may have been harmed, or have a near miss that could have caused harm, such as:

  • Manual handling
  • Aggression or violence towards yourself or others
  • Hazards or unsafe work environment

Email us a completed incident report form so we can put measures into place to reduce the risk of harm.

Contractor safety

Occupational health and safety

We are committed to ensuring you are safe when delivering services to our consumers. Please report any incidents where you may have been harmed, or have a near miss that could have caused harm, such as:

  • Manual handling
  • Aggression or violence towards yourself or others
  • Hazards or unsafe work environment

Email us a completed incident report form so we can put measures into place to reduce the risk of harm.

Client safety

Police certificate and NDIS worker screening clearance

Contractors shall hold a police certificate that was issued not more than three years, or an NDIS worker screening certificate that was issued not more than five years before engagement with LCHS.

International police certificates shall be required for contractors who have lived and/or worked, or is a citizen or permanent resident of a country other than Australia after turning 16 years of age.

LCHS shall not engage with contractors who have been convicted of murder or sexual assault, or convicted of, and sentenced to imprisonment for any other form of assault.

Contractors with other convictions shall be assessed and risk assessment conducted to confirm suitability of engagement with LCHS. LCHS reserves the right to refuse engagement with contractors with criminal convictions where LCHS holds belief that it poses a risk to client and staff safety.

Elder abuse

Elder abuse is any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. We all have a duty of care to report incidents of suspected elder abuse of consumers under our care. Abuse may be physical, sexual, financial, psychological, social and/or neglect.

If you have any suspicion of elder abuse occurring to our home care package consumers, please report immediately by completing an incident report form, or calling us to make your notification.

All information received in relation to suspected elder abuse shall be treated confidentially.

Child safety

LCHS is committed to ensuring children are safe when they access our services. All contractors who are in contact with, or may be in contact with children shall hold a current Working with Children Check.

 Modern slavery

LCHS recognises the use of contractors, procurement of goods and services, human resources practices and investments as having potential risks of being exposed to modern slavery. We are committed to ensuring our supply chains are not linked to modern slavery and to addressing and mitigating risks that are identified.

Our modern slavery statement can be viewed here.

Behaviour and conduct

Code of Conduct

Latrobe Community Health Service (LCHS) is committed to delivering services that improve the health and social wellbeing of Australians, and working towards our vision of better health, better lifestyles, stronger communities.

At LCHS we are committed to:

  • Promoting the safety and well-being of all children and young people accessing our services
  • Promoting the safety and well-being of all people with a disability accessing our services
  • Not tolerating any form of discrimination or abuse and acting on all reported cases of abuse or suspected abuse
  • Respecting, recognising and valuing the diversity of people and cultures
  • Educating our staff, students, volunteers and contractors in the correct application of the LCHS code of conduct and related policies and procedures

 All contractors shall familiarise themselves with, commit to, and act in accordance with the LCHS Code of Conduct and any code of conduct relative to their profession or LCHS funding bodies and regulators.

Conflict of interest

A conflict of interest is a situation where there is, there’s potential for, or there’s a perception that private interests may conflict with your duties as a contractor or brokered provider for LCHS, such as providing services to direct family members.

If you have, or think you may have a conflict of interest, please email ba@lchs.com.au (for brokered providers), or contracts@lchs.com.au to allow a review to occur, and strategies put into place to mitigate the conflict.

Financial management

Invoicing

Invoices need to be submitted to accounts.finance@lchs.com.au within 7 days following the month of service.

Please do not alter or provide a service without written agreement by LCHS representative.

Our payment terms are 30 days from receipt of invoice. However we endeavour to get you paid sooner. Ensuring invoices reflect service requests will ensure there are no delays processing your invoices.

Brokerage

LCHS delivers Home Care Packages Program, and Commonwealth Home Support Programmes as part of the Australian Government’s continuum of care for older Australians.

All brokered providers shall work within requirements of the LCHS Contract Management Policy, and in addition, within regulatory requirements of these programs including:

Code of Conduct for Aged Care

A Code of Conduct for Aged Care was developed and implemented by the Department of Health and Aged Care on 1 December 2022. The Aged Care Quality and Safety Commission will monitor compliance to the Code and has powers to take enforcement action for breaches of the code.

All brokered providers shall familiarise themselves with, commit to, and act in accordance with the LCHS Code of Conduct for Aged Care, which is aligned to the Department of Health and Aged Care’s Code of Conduct for Aged Care.

Serious Incident Response Scheme (SIRS)

On 1 December 2022, the Serious Incident Response Scheme (SIRS) was introduced for providers of home care packages and the Commonwealth Home Support Programme (CHSP). Brokered providers shall report all incidents to LCHS within 24 hours of the incident occurring.

Furthermore, the following incidents are deemed ‘reportable’ under the SIRS, and shall be reported immediately to LCHS.

A reportable incident is:

  • an incident that has occurred, or is alleged or suspected of having occurred, in connection with the provision of care to a consumer
  • the incident has caused harm, or could reasonably have been expected to have caused harm, to a consumer, and
  • the incident is one of the following types of incidents (described in detail in this Chapter):
    • unreasonable use of force
    • unlawful sexual contact or inappropriate sexual conduct
    • psychological or emotional abuse
    • unexpected death
    • stealing or financial coercion
    • neglect
    • inappropriate use of restrictive practices, or
    • missing consumers.

Reportable incidents under the SIRS MUST have occurred in connection with the provision of care and services, and have caused harm to a consumer.

 Please visit the Commission’s website, or subscribe to their monthly Aged Care Quality Bulletin for more information.

Aged Care Quality Standards

LCHS is committed to ensuring compliance with the Aged Care Quality Standards.  Brokered providers shall familiarise themselves with, understand, and work within these standards:

  1. Consumer dignity and choice
  2. Ongoing assessment and planning with consumers
  3. Personal care and clinical care
  4. Services and supports for daily living
  5. Organisation’s service environment
  6. Feedback and complaints
  7. Human resources
  8. Organisational governance

Please refer to the Aged Care Quality and Safety Commission’s website for further information.

Aged Care Quality and Safety Commission

The Aged Care Quality and Safety Commission is the national regulator of aged care services. The Commission provides numerous resources for consumers and providers on the protection and improvement of safety, health, wellbeing and quality of life of people receiving Australian funded aged care.

All brokered providers engaged by LCHS shall work within the standards, regulations and legislative requirements relative to LCHS as an approved provider of aged care.

LCHS engages brokered providers to deliver services and supports to allow ageing consumers to remain in their homes for longer and retain:

  • Wellness and independence; personal care, nursing services, allied health
  • Safety in their home; cleaning, home maintenance and modifications specific to ageing related capabilities, assistive technology
  • Connection to community; transport, social support services.

You can subscribe to receive updates from the Commission at their website to ensure you remain up to date with your responsibilities in delivering services to our aged care consumers.

Further documentation

Legislation, regulation and standards

  • Aged Care Act 1997
  • Accountability Principles 2014
  • Health Records Act 2001
  • Occupational Health and Safety Act 2004 (Vic)
  • Occupational Health and Safety Act 1991 (Cwlth)
  • Privacy Act 1988
  • Child Safe Standards
  • Australian Immunisation Handbook

Policies and procedures

  • Contract management policy
  • Contractor management policy
  • Child Safe Policy
  • OHS Policy
  • Privacy and Management of Information Policy
  • LCHS Code of Conduct
  • LCHS Code of Conduct for Aged Care
  • Incident management manual
  • Risk management policy

Contact us

For brokered providers

 For all other contractors