Human Services Agreement (HSA)
Information for service providers about the standard contract for human services in NSW. The HSA is formally called the Agreement for Funding of Services, but is commonly referred to as ‘the HSA’ for easy reference.
How the HSA works
Reading the contract
Some words in the Standard Terms and Schedule are capitalised. This indicates the word is an ‘operative’ or defined term, and has a very specific meaning in the HSA. Be sure to read these terms carefully.
The Standard Terms has numbered clauses. The Schedule doesn’t have numbered clauses but refers to the clause number in the Standard Terms; for example:
Assets (clauses 1.1 and 11).
The Schedule references the Standard Terms clause numbers (1.1 and 11 in the example above) for ease of navigation.
Both documents work together and must be read together.
Order of precedence
The Standard Terms defines how all of the documents in the HSA work together (refer to clause 2.1, page 12). Precedence is important if there’s any ambiguity or inconsistency across the different parts of the contract.
The Schedule’s Supplementary Conditions can be used to override the Standard Terms. Clause 2.1 of the Standard Terms is used to do this.
DCJ has decided that there are circumstances where the Standard Terms don’t apply. This is explicitly stated in the Schedule’s Supplementary Conditions.
- Supplementary Condition 6 overrides Standard Terms Clause 11.2 Asset ownership
- Supplementary Condition 7 overrides Standard Terms Clause 9.8
- Supplementary Condition 9 overrides Standard Terms Clause 13(2)(b)
- Supplementary Condition 16 overrides Standard Terms Clause 15(2)(b)
Signing the contract
Organisations are issued with both the Standard Terms and Schedule for each contract they hold with DCJ.
The contract start and end dates are set out on page 2 of the Schedule.
The Execution section of the Schedule must be signed by authorised signatories of the organisation. DCJ then co-signs and dates the Schedule to indicate when the HSA comes into force.