Subcontracting and unauthorised activity

Subcontracting can have significant implications for service delivery.

An example of subcontracting is when you contract with a third party to deliver any part of your contracted services, eg provision of meals in a supported accommodation facility where meals are part of the contract requirements.

Not all third-party engagements are subcontracting, for example using funding to cover ancillary costs, such as cleaning and security, that are required to support the delivery of the contracted services.

You must conduct due diligence before making any legally binding commitments. This includes seeking independent legal advice.

You must also obtain written consent from us before engaging a subcontractor.

The only exception is if your contract expressly permits subcontracting.

To apply for consent, complete the Application to engage a subcontractor form.

If you wish to engage subcontractors to deliver services under more than one contract you have with us, we will advise if one or multiple applications will be required. This will be dependent on the housing programs provided.

Your application must:

• identify the service to be subcontracted
• explain the reason why a subcontractor is required
• demonstrate the subcontractor has the required qualifications or experience and capacity, and that they can deliver services on terms consistent with your contract
• demonstrate the subcontracting arrangements will not compromise your contract obligations
• indicate how much funding will be allocated to the subcontracting of services
• include a plan, budget and timeframes for engaging a subcontractor.

If your application is approved, you will remain responsible for all obligations under your contract.

We will review your application and consider:

• whether sufficient information and explanation have been provided
• whether the proposed subcontracting poses any risk to service delivery.

We will notify you of our decision via email within 20 business days of receiving your application.

You and the subcontractor(s) must comply with any conditions required as part of our approval.

You must obtain our written approval before allowing any unauthorised activities under the contract to occur on site. You should also seek independent legal advice.

Examples of unauthorised activities include:

• allowing a third party to use kitchen facilities
• subletting or sharing possession of the property with a third party.

To apply for consent, complete the Application for unauthorised activity form.

If you wish to perform unauthorised activities under more than one contract you have with us, we will advise if one or multiple applications will be required. This will be dependent on the housing programs provided.

Your application must:

• outline the unauthorised activity
• indicate the reason why the unauthorised activity is required
• if a third party is involved, demonstrate their required qualifications or experience and capacity and compliance with all relevant legislation and regulations
• demonstrate that the unauthorised activity will not compromise your obligations
• indicate how much revenue, if any, will be received from the unauthorised activity
• include a plan, budget and timeframes for implementing the unauthorised activity.

We will review your application and consider:

• whether sufficient information and explanation have been provided
• whether the unauthorised activity poses any risk to service delivery.
• whether the unauthorised activity arrangement meets legal obligations.

We will notify you of our decision via email within 20 business days of receiving your application.

You and any third parties must comply with any conditions we require as part of our approval.