SELWYN NURSING BUREAU

Terms and Conditions for Supply of Services
(Effective January 2010)

BACKGROUND: Selwyn Nursing Bureau provides temporary staff trained in aged care to organisations on a temporary basis.

PURPOSE: Set out below are the terms and conditions for supply of our temporary staff services to you, subject to any variation agreed to by the parties and recorded in writing. These terms are effective on the start of each assignment and comprise all of the terms, representations and warranties between the parties and supersede all prior discussions and agreements between the parties regarding the subject matter of this agreement (unless subject to variation as set out above). In requesting any services from Selwyn Nursing Bureau, you are agreeing to these terms and conditions. Selwyn Nursing Bureau may withdraw temporary staff at any time if you do not comply with these terms and conditions.

DEFINITIONS: In this document: "Selwyn Bureau", "we", "us" and "our" means Selwyncare Limited. "You" and "your" means you, the client. "Temporary Staff" and "Temporary Staff Member" means the person we assign to perform the Services to you in accordance with these terms and conditions and includes registered nurses; enrolled nurses; caregivers (resthome and hospital trained) and domestic staff. "Assignment" means a period during which we provide you with a Temporary Staff member to provide the Services to you.

SERVICES: Selwyn Bureau will provide the services of Temporary Staff to you for your aged care facility (the "Services").

DETAILS OF SERVICES REQUIRED: Prior to the Temporary Staff Member commencing an Assignment, you will provide Selwyn Bureau with details of the work you require the Temporary Staff Member to complete, including:

• A description of the work to be performed during the Assignment;
• An indication of where the Temporary Staff Member is to perform the Assignment;
• An indication of the hours to be worked by the Temporary Staff Member;
• An indication of when and/or how the Temporary Staff Member's work will conclude;
• Your Health and Safety policies and/or procedures.

You understand that the above are required by Selwyn Bureau in order to comply with the requirements of the Employment Relations Act 2000 and its obligations under the Health and Safety in Employment Act 1992. If you fail to provide this information before the Temporary Staff Member commences an Assignment, Selwyn Bureau is permitted to decline to provide the Temporary Staff Member to you.

You will advise Selwyn Bureau of any changes to the work you require the Temporary Staff Member to complete during the Assignment prior to those changes being implemented.

SELWYN BUREAU'S COMMITMENT TO YOU: In relation to each Assignment, Selwyn Bureau will:

• Ensure that any Temporary Staff Member's practicing certificate (where required) is current;
• Obtain appropriate references for the Temporary Staff Member; and
• Ensure that the Temporary Staff Member is fully aware of the operating standards required by your facility, including any confidentiality clause you may have regarding your property and/or services. Notwithstanding this obligation Selwyn Bureau will not be responsible for any breach by a Temporary Staff Member of any confidentiality.

YOUR COMMITMENT TO SELWYN BUREAU: In return for Selwyn Bureau providing these services to you, you agree to:

• Provide any Temporary Staff Member with sufficient information to enable them to perform their designated tasks to a satisfactory standard;
• Supervise, direct and control the conditions under which the Temporary Staff Member's duties are to be performed;
• Ensure information given to Selwyn Bureau is complete and accurate and to advise Selwyn Bureau of any changes to that information;
• Sign time sheets given to you by Temporary Staff Members. Once signed, these time sheets will be an accurate record of the time the Temporary Staff Member has spent at your facility during his or her Assignment;
• Provide Selwyn Bureau with any feedback requested regarding the performance of the Temporary Staff Member.

CHARGES: The initial rate charged for a Temporary Staff Member will be agreed between the Parties. Selwyn Bureau may vary the rate you are charged at any time by notifying you of this variation in writing.

PAYMENT: Selwyn Bureau will charge you according to the number of hours worked by the Temporary Staff Member provided that Selwyn Bureau will charge you an amount equal to four (4) hours at the hourly charge out rate agreed for the Temporary Staff Member for each day of an assignment where the assignment is less than four (4) hours long.

GST and any other tax levies will be added to all fees and charges for services provided to you.

You will be invoiced fortnightly, payment of which must be made within 14 days of receipt of the invoice. Selwyn Bureau may charge interest on a daily basis at 8% above its own bank's base lending rate if payment is not made by the due date. Selwyn Bureau may also vary the interest rate at any time by notifying you of this in writing. Part payment of an invoice will not amount to full and final settlement of any amount owed by you to Selwyn Bureau unless Selwyn Bureau has agreed to this settlement in writing.

If you believe that an invoice contains an error, please inform Selwyn Bureau of the error before the due date for payment and Selwyn Bureau will investigate the matter. Pending the outcome of the investigation, you must pay the full amount of the invoice by the due date.

If Selwyn Bureau subsequently finds that error has been made in an invoice Selwyn Bureau will issue you with an amended invoice and any amount owing to you will be refunded. If you have not notified Selwyn Bureau of a possible error in an invoice before the due date for payment of the invoice you will be deemed to have accepted the invoice as being correct and the invoice will be payable in full. Any claim or dispute that you may raise against Selwyn Bureau does not entitle you to set off against, or withhold payment of any money owed to Selwyn Bureau.

ORDERING OR CANCELLING TEMPORARY STAFF: You will either phone or order through Selwyn Bureau's website any request for Temporary Staff during office hours which are 9am - 4pm, Monday to Friday. If you need to request a Temporary Staff Member outside of these office hours please phone our Coordinator on duty who will endeavour to provide you with the required Temporary Staff.

If you wish to cancel any Temporary Staff you have requested, you must notify Selwyn Bureau by phone at the earliest possible opportunity, but no later than 1 hour prior to the commencement of the duty you intend to cancel. If you fail to cancel the request for a Temporary Staff Member within the required period, you will be charged a minimum of 4 hours at the rate you would have been charged if the Temporary Staff Member had commenced his or her assignment with you.

EMPLOYMENT OF TEMPORARY STAFF: You agree that under no circumstances will you offer to engage or employ any Temporary Staff Member (including either as an employee or as an independent contractor) or to introduce the Temporary Staff Member to another person or organisation who then seeks to engage or employ the Temporary Staff Member, without Selwyn Bureau's prior approval and your payment of the appropriate "introduction/recruitment fee". The introduction/recruitment fee is specified in the client pack provide to you.

If a Temporary Staff Member approaches you for engagement or employment you must notify Selwyn Bureau immediately. If you or any other person or organisation to whom you introduce the Temporary Staff Member intends to engage or employ the Temporary Staff Member within six months after the end of the Temporary Staff Member's last assignment with you, you must notify Selwyn Bureau prior to doing so and the introduction/recruitment fee must be paid.

Please note that all Temporary Staff Members have a clause in their employment agreements with Selwyn Bureau stating that they cannot take up permanent work at another facility unless agreed and the appropriate introduction/recruitment fee is paid to Selwyn Bureau.

COMPLAINTS REGARDING TEMPORARY STAFF: All complaints regarding Temporary Staff will be investigated by Selwyn Bureau within two (2) working days of Selwyn Bureau receiving written notification of the incident from you. Investigation results will be provided to you (if requested) within four (4) working days' of the notification.

REPLACEMENT OF TEMPORARY STAFF: Selwyn Bureau may at its sole discretion replace any Temporary Staff Member for another during any assignment.

CONFIDENTIALITY, PUBLICITY AND PRIVACY: Each party agrees not to reveal any information concerning these Terms and Conditions, or any information provided under them, to any third party other than as required by law or where the information is already in the public domain (but not where it is in the public domain as a result of a breach of this clause) without the other party's written consent. Each party agrees not to issue any press release or public announcement concerning these Terms and Conditions without the other party's prior written approval.

DEFAULT: If you default in performing any of the Terms and Conditions you will indemnify Selwyn Bureau for all costs and expenses incurred by it as a result of your default.

CLAUSES SEVERABLE: If any clause of these Terms and Conditions is found to be illegal all other clauses shall remain in full force and effect.

AMENDMENTS: Selwyn Bureau may amend these Terms and Conditions at any time but if we do so, we will give you at least fourteen (14) days' written notice of the amendments either by EMAIL or post.

HEALTH & SAFETY: The provisions relating to health and safety matters pursuant to the Health and Safety in Employment Act 1992 are set out in Schedule One of the client pack provided to you. You recognise that you and Selwyn Bureau have obligations to all Temporary Staff Members under the Act.

• Because the Temporary Staff Member will be on your premises during the Assignment, you will ensure that you provide all Temporary Staff Members with a safe working environment, including:
• You will ensure that the Temporary Staff Member receives appropriate training, induction and supervision in the safe operation of any procedure needed to the Temporary Staff Member's duties and/or to perform emergency procedures;
• Records of such training, induction and supervision must be made available to Selwyn Bureau on Selwyn Bureau's request;
• You will take all practicable steps to ensure that no hazard that exists or arises in your place of work causes harm to the Temporary Staff Member during any assignment;
• You will ensure that the Temporary Staff Member wears and/or uses any protective clothing and/or equipment required in performing their duties for you;
• You will nominate a contact person with whom the Temporary Staff Member may confer with in the event of any health and safety issues or concerns; and
• You will immediately inform Selwyn Bureau in the event of any incident, accident or near-miss involving the Temporary Staff Member.
• In the event of a Temporary Staff Member sustaining any harm whilst working at your premises you will forthwith notify the Department of Labour of the harm in accordance with the Health and Safety in Employment Act 1992; forthwith provide to the Selwyn Bureau a copy of the notification of harm; and indemnify Selwyn Bureau in respect any claims by the Temporary Staff Member for any sums payable by way of damages or otherwise as required by law;

In the event that Selwyn Bureau believes that a hazard in or arising in your premises or operations poses an unacceptable risk to the health and/or safety of the Temporary Staff Member, Selwyn Bureau will be entitled, without penalty, to withdraw the Temporary Staff Member from your facility without releasing you from liability to pay the agreed rates as set out in these Terms and Conditions. If within a reasonable time, the hazard is not eliminated, isolated or minimised to Selwyn Bureau's satisfaction, Selwyn Bureau will be entitled to terminate the assignment and you will pay the late cancellation fee set out in these Terms and Conditions.

LEGISLATIVE COMPLIANCE: In addition to the foregoing obligations you agree to comply with all legislative and regulatory requirements relating to employees, including but not limited to health and safety, human rights and the Employment Relations Act 2000. If a Temporary Staff Member is injured, or subjected to any breach of any statute or common law while performing duties for you, you will indemnify Selwyn Bureau in respect of any liability resulting from the injury or breach including (but not limited to) any:

• Claims brought by the Temporary Staff Member against Selwyn Bureau arising out of their work with you;
• Damages or penalties imposed on Selwyn Bureau under any Act or Regulations;
• Payments to be made by Selwyn Bureau under the Injury Prevention and Rehabilitation and Compensation Act 2001 (and amending or substituting legislation) including indemnifying Selwyn Bureau for any increases in levies paid by Selwyn Bureau under the Act as a result of an injury or the accident causing the injury.

INFECTION CONTROL: Your responsibilities and our responsibilities relating to our policy and commitments on infection control are set out in the Infection Control Agreement contained in Schedule two (2) contained in our client pack.

INSURANCE: Temporary Staff Members are not covered by the Selwyn Bureau's insurance policy whilst they are on Assignments with you. You undertake to ensure that you hold and will continue to hold all necessary insurances to cover any liability to third parties arising out of the Temporary Staff Member's acts or omissions whilst on Assignment with you. Selwyn Bureau will not be held liable for any losses incurred as a result of your failure to insure Temporary Staff and furthermore you will indemnify and keep indemnified Selwyn Bureau against all liabilities, loss or damage suffered or incurred by you or by Selwyn Bureau arising out of or in connection with any action or omission of the Temporary Staff Member whilst on Assignment with you.

A Temporary Staff Member will not be required to use his/her motor vehicle whilst on assignment with you. If the Temporary Staff Member uses his/her motor vehicle whilst on assignment with you then you will be liable for all loss/damage caused or suffered by the Temporary Staff Member that is not covered by his or her own insurance.