Subcontracting

The department has the right to accept or refuse applications to subcontract.

We’ll refuse applications if the subcontracting arrangements pose a risk to either the department or to the continued and successful delivery of services to our clients.

We’ll notify you, in writing, of whether consent is granted or not, usually:

• within 4 weeks, for a consortium
• within 2 weeks, for a fee-for-service arrangement
• within1 week, for a labour-hire arrangement.

These timeframes are estimates and subject to variation, and are dependent on the specific nature of an application. We’ll notify you if we require more time to consider your application.

The application is assessed by your DCJ contract manager, who may consult others within the department as required.

In the case of a consortium or fee-for-service arrangement, we may consent to some third parties but not others.

If a third party is not consented to, you’ll have the opportunity to propose an alternative. In this circumstance, a new application isn’t required; you only need to provide the details for the alternative third party. We’ll then assess whether to consent to you subcontracting the alternative party.

Successful applications

Consent may be subject to certain terms and conditions. These will be explained, in writing, with our decision.

In all cases, consent is effective within the term of the contract with us. That means when the contract expires, consent to subcontract also expires. If you sign a new contract with us, you must lodge a new application for consent to subcontract.

If we consent to your application to subcontract, we may request, and you must make available to us, the contract with the subcontractors and/or purchase order terms and conditions.

Reasons your application may be unsuccessful

If your application for consent to subcontract is unsuccessful, we’ll tell you the reasons.

An application may be unsuccessful if we determine you haven’t adequately prepared for the responsibilities and obligations required to subcontract the services.

In reviewing an application, we consider the following factors:

• the amount of evidence provided to clearly explain each party’s responsibilities and accountabilities
• any substantiated concerns we may have about the performance of a third party
• whether we consider the proposed subcontracting arrangement poses any risk to delivery of the services.

You may appeal our decision in writing, and explain the grounds of your appeal. However, the department reserves the right to make the final decision, and whether to accept or reject your appeal.