1. Definition and Interpretation
In this Agreement, unless the context otherwise requires:
“Business Day” means a day on which the offices of the School
and JCU are open to the public.
“Client” means a patient, customer, patron or any other person to
whom JCU provides services.
“Client Treatment Records” means a record which identifies and
contains Personal Information about:
(a) a Client; or
(b) a group of Clients (as the case may be).
“Commencement Date” means the date specified in the
“Confidential Information” means:
(a) information which by its very nature might be reasonably
understood to be confidential or to have been disclosed in
(b) information which JCU indicates is confidential;
(c) information which relates to any arrangements or
transactions between JCU and its Clients;
(d) Personal Information of JCU and/or its Clients;
(e) information which would be of commercial value to a
competitor of JCU; or
(f) all records based on or incorporating information referred to
in clauses (a) to (e);
but does not include information that is or becomes public
knowledge, other than by breach of this Agreement or by any other
means all copyright and neighbouring
rights, all rights in relation to inventions (including patent rights),
plant varieties, registered and unregistered trademarks (including
service marks), registered designs, and circuit layouts,
confidential information, and all other rights resulting from
intellectual activity in the industrial, scientific, literary or artistic
“Liaison Officer” means the representative of each of the Parties
as nominated from time to time by the Parties. At the
Commencement Date, the Liaison Officers are the persons listed
in the Reference Schedule.
means any material, including but not limited to
original works, documents, computer software, and data stored
by any means.
means a party to this Agreement.
“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 material form or not,
about a natural person whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
“Premises” means the place controlled by JCU, as detailed in
a Work Experience Schedule, at which the Work Experience will
“School” means the school specified in the Reference Schedule.
“School Student/s” means an enrolled student of the School who
is undertaking Work Experience.
“Term” means the period referred to in the Reference Schedule.
means the placement of one or more
School Students with JCU in accordance with the terms of this
Agreement and as specified in an executed Work Experience
“Work Experience Material”
means Material created in
the course of a Work Experience.
In the interpretation of this Agreement:
ingular includes plural and vice versa;
(b) any gender includes every gender;
(c) references to a person includes a corporation, association,
partnership, Government Authority, or any legal entity;
(d) references to statutes include statutes amending,
consolidating or replacing the statutes referred to and all
regulations, orders-in-council, rules, by-laws and ordinances
made under those statutes;
(e) headings and the table of contents (if any) are used for
convenience only and are to be disregarded in interpretation;
(f) where any word or phrase is given a defined meaning, any
other grammatical form of that word or phrase has a
(g) covenants by each party include an obligation to procure
compliance by each of the party’s employees and all other
persons under the control of that party;
(h) where a party consists of more than one person the covenants
on the part of the party bind each two or more persons jointly
and each person severally. The release of one of the persons
from an obligation does not release any other person who may
be jointly liable;
(i) any undertaking by a party not to do any act or thing is taken
to include an undertaking not to permit or suffer the doing of
the act or thing;
(j) where under this Agreement the day on or by which any act or
thing is to be done is not a Business Day that act or thing must
be done on the next Business Day following the due day;
(k) all annexures, schedules and other attachments (if any) form
part of this Agreement;
(l) references to "writing" include all means of reproducing words
in a tangible, permanently visible form in the English language;
(m) a reference to anything after the words "includes" or "including"
does not limit what else might be included.
2. Term of Agreement
s Agreement commences on the Commencement Date and
continues for the Term unless terminated in accordance with
Clause 3 of this Agreement.
ther party may terminate this Agreement without cause and at its
absolute discretion by giving a minimum of 2 weeks written notice
of termination to the other party. Where possible the parties will
endeavour to ensure the Agreement is not terminated whilst
School Students are undertaking Work Experience.
and the School agree to arrange Work Experience during the
Term through the completion and execution by both Parties of a
Work Experience Schedule (using the schedule template set out in
sponsibilities of JCU
CU is responsible at all times for the standards of care
provided for its Clients.
he School acknowledges that a School Student may not
commence any contact with a Client, unless and until the
Client and/or the Client’s guardian is fully informed and
ess otherwise agreed between the parties, JCU will
provide supervision for all School Students undertaking
will accept for Work Experience the number of School
Students specified in each executed Work Experience
Schedule during the dates and times specified in the Work
5.5 JCU m
ay require the School to remove a School Student
from Work Experience if JCU considers that:
(a) the School Student is not conforming to agreed
standards, regulations, procedures and by-laws; or
(b) the School Student is not behaving in a safe or
6. Responsibilities of the School
he School will ensure that School Students preserve
he School has responsibility for the selection of School
Students and for the guidance and counselling of School
Students (if necessary).
he School has responsibility for undertaking disciplinary
action against School Students (if the School determines it
to be necessary).
6.4 The School acknowledges that School Students, whilst
participating in Work Experience will be bound by the