If at any time you choose to switch your enrolment to another IHC provider, please be aware that there will be a permanent placement fee to be paid by yourself or the other service provider. ALHCA educators are not transferable to alternate services unless the fee of $3500 is paid. See the below terms in the Family Care Agreement. Note that there may come a time when your family is no longer eligible for the IHC program but would like to continue utilising the services of our Educator, this option is available for you, either by paying the permanent placement or switching to an On Hire arrangement (quotes will be provided. This does not apply if the Educator was a BYO (Bring Your Own - not recruited by the Service).
Current Clauses
Clause 16 – Non Solicitation and Restriction on Private Arrangements
As outlined in attached “Service Operational Obligations and Compliance Conditions”.
- a) Where the Educator has been recruited, introduced or referred to a Family by the Service, both the Family and the Educator agree that conditions outlined in attached “Service Operational Obligations and Compliance Conditions” apply for the duration of employment and will continue to apply for two (2) years after employment ends.
- b) Neither the Family nor the Educator may, without the Service’s prior written consent, enter into any private, direct or alternative arrangement for the provision of care, support, work or employment of any kind. This includes arrangements made:
- directly with each other.
- through another In Home Care Provider or Service.
- through any third-party entity.
- outside the terms of the approved IHC Program.
- after a Family exits the IHC Program.
- c) If either party wishes to engage in any form of work or ongoing arrangement outside of the Service, the Service’s written approval is required and the permanent placement fee listed on the Service’s website must be paid by the Family, alternate Provider, or entity seeking to engage the Educator. Approval will not be granted until the fee is received.
- d) If a Family exits the In Home Care Program but wishes to continue engaging an Educator originally introduced by the Service, they must only do so if:
- the permanent placement fee listed on the Service’s website is paid, or
- they enter into a Service-approved On-Hire arrangement.
- e) Educators and Families must not solicit, approach, entice or encourage one another to enter into any private arrangement that reduces, bypasses or circumvents the Service’s involvement.
- f) The Educators and Families must immediately notify the Service if a request or suggestion is made by either party to provide care, assistance, support or work outside the scope of the existing agreement or outside the Service’s involvement.
- g) Families and Educators must not request, encourage or pressure either party to engage in private work, accept cash payments, reduce hours through the Service, or commence with another provider.
- h) Educators must not commence work with a Family introduced to them by the Service through another childcare agency, provider or business without the Service’s written consent and payment of the applicable permanent placement fee.
Clause 17 – Non-Solicitation of the Services Clients
During the Educator’s engagement with the Service, and for two (2) years after the engagement ends, the Educator must not, without the Service’s written consent:
- a) solicit or approach any of the Service’s Client’s, or
- b) encourage or entice any Client to reduce, move or terminate their engagement with the Service.
Clause 18 – Non-Solicitation of the Services Employees
Families and Educators agree that during their involvement with the Service, and for two (2) years after the engagement ends, they will not, without the Service/Service’s written consent, solicit, approach, encourage or entice any Employee, Educator or Contractor to leave their role, reduce, move, or terminate their engagement, or accept work outside the Service.
Clause 6
- c) These documents will be updated from time to time. Continued engagement with the Service constitutes acceptance.
Aged Clauses
11.22. Agrees not to approach Carers/Educators introduced by the Agency, to accept/entice or engage any form of engagement for any form of service or category of work between the Client and Carer/Educator or any other Individual or Entity associated with the Client while the Carer/Educator is representing the Agency or thereafter for a period of 5 years.
11.23. Where an introduced Carer/Educator commences any form of engagement or service with the Client or any other Individual or Entity associated with or related to the Client without obtaining prior written consent from the Agency, the Client or any other Individual or Entity associated with or related to the Client shall pay to the Agency the permanent placement fee as set out in the fee and pricing table as found on the website and agrees that their credit card will be charged if payment is not received within seven (7) days of the commencement of such service.