No double payments The Provider acknowledges it is not entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed, and the Department may require the Provider to provide evidence, in a form acceptable to the Department, which proves that the Provider is not so entitled. No charge to Participants Unless otherwise agreed in writing with the Department, the Provider must not demand or receive any payment or any other consideration either directly or indirectly from any Participant for, or in connection with, the Services. Overpayment General If, at any time, an overpayment by the Department occurs, including a Tax Invoice is found to have been incorrectly rendered after payment, or a payment has been made in error, then this amount is a debt owed to the Department in accordance with clause 24 [Debts and offsetting]. Double payments For the purposes of clause 21.3, if the Department determines, in its absolute discretion, that the Provider is entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed, the Department may: make the payments of Fees, Funds, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments; decide not to make the payments of Fees, Funding, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments; or recover any payments of Fees, Funds, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments made by the Department as a debt in accordance with clause 24 [Debts and offsetting], as relevant to the Services that the Provider is contracted to provide under this Deed. The Department may vary payments, Participants or ESA Business Share The Department may, at any time, vary the payments under this Deed, the number of Participants receiving Services from the Provider and/or the ESA Business Share or any other business levels of the Provider for all or part of the Term of this Deed by written Notice: based on the Department’s assessment of projected changes to labour market conditions in an ESA or LMR (including past and/or future projected Participant demand); or acting reasonably, for any other reason as determined by the Department in its absolute discretion. If the Department exercises its rights under clause 23.1 the Provider must continue to perform all of its obligations under this Deed, as varied by the Department, unless the Department agrees otherwise in writing.
No double payments The Provider acknowledges it is not entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed, and the Department may require the Provider to provide evidence, in a form acceptable to the Department, which proves that the Provider is not so entitled. No charge to Participants Unless otherwise agreed in writing with the Department, the Provider must not demand or receive any payment or any other consideration either directly or indirectly from any Participant for, or in connection with, the Services. Overpayment General If, at any time, an overpayment by the Department occurs, including a Tax Invoice is found to have been incorrectly rendered after payment, or a payment has been made in error, then this amount is a debt owed to the Department in accordance with clause 24 [Debts and offsetting]. Double payments For the purposes of clause 21.3, if the Department determines, in its absolute discretion, that the Provider is entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed, the Department may: make the payments of Fees, Funds, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments; decide not to make the payments of Fees, Funding, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments; or recover any payments of Fees, Funds, Reimbursements, Wage Subsidies, NEIS Payments or Ancillary Payments made by the Department as a debt in accordance with clause 24 [Debts and offsetting], as relevant to the Services that the Provider is contracted to provide under this Deed. The Department may vary payments, Participants or ESA Business Share The Department may, at any time, vary the payments under this Deed, the number of Participants receiving Services from the Provider and/or the ESA Business Share or any other business levels of the Provider for all or part of the Term of this Deed by written Notice: based on the Department’s assessment of projected changes to labour market conditions in an ESA or LMR (including past and/or future projected Participant demand); or acting reasonably, for any other reason as determined by the Department in its absolute discretion. If the Department exercises its rights under clause 23.1 the Provider must continue to perform all of its obligations under this Deed, as varied by the Department, unless the Department agrees otherwise in writing.
disability-employment-services-deed.docx