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Service Agreement Information Kit for Funded Organisations

3.15 Transition of services

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Where a Service Agreement expires or is terminated or where an organisation ceases to deliver services, the department will notify the organisation of the need to hand over to the department or to a third party nominated by the department:

  • all records provided to the organisation by the department relating to the delivery of the services
  • all records created, managed and maintained relating to the delivery of the services in a format and in a way that allows the records to be quickly and easily accessed, retrieved, reviewed, kept and used by the department or a third party nominated by the department.

The ordinary time stated to comply with a handover request above is five business days.  However, where an organisation, acting reasonably and in good faith, is unable to comply within five business days, the organisation may make a written request for an extension of time in which to comply. The department will not unreasonably refuse to consent to a requested extension.

Organisations are to also provide (and must require any subcontractor engaged by the organisation to provide) all reasonable assistance to transfer all or part of the services, functions and operations provided under the Service Agreement to the department or a third party nominated by the department. This assistance may include, for example, answering questions and providing other information as may be reasonably sought.

Within thirty days of a Service Agreement expiring or being terminated or an organisation ceasing to provide services, the organisation is required to provide the department with:

  • a financial acquittal detailing all the funding paid to the organisation by the department and funding spent by the organisation (including any unspent funding)
  • a copy of the current asset register (described in clause 7 - refer to chapter 3.7.2)
  • any other outstanding information, documentation or reports the organisation is required to provide to the department under the Service Agreement (refer to chapter 3.6.2 Recordkeeping).

These obligations in clause 15 will continue for a period of three years after the expiry or termination of the Service Agreement.