External Consultant Agreement Template for Australia

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Key Requirements PROMPT example:

External Consultant Agreement

"I need an External Consultant Agreement for engaging a cybersecurity consultant starting March 2025, including strict data protection clauses and the ability to access our secure systems, while ensuring compliance with Australian privacy laws."

Document background
The External Consultant Agreement is essential for Australian businesses engaging independent contractors for specialized services or project-based work. This document is designed to comply with Australian federal and state legislation, including the Independent Contractors Act 2006, Fair Work Act 2009, and relevant tax laws. It should be used when engaging consultants who provide professional services while maintaining their independence from the client organization. The agreement covers crucial elements such as service scope, fees, intellectual property rights, confidentiality, insurance requirements, and termination provisions, while carefully establishing a genuine contractor relationship to avoid misclassification risks under Australian law.
Suggested Sections

1. Parties: Identifies the contracting parties - the business/client and the consultant (whether individual or entity)

2. Background: Outlines the context of the agreement, including the client's needs and consultant's expertise

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Specifies the engagement terms, commencement date, and duration

5. Services: Details the consulting services to be provided

6. Consultant's Obligations: Lists key responsibilities and performance standards expected from the consultant

7. Client's Obligations: Outlines the client's responsibilities and commitments

8. Fees and Payment: Details consultation fees, payment terms, expenses, and invoicing requirements

9. GST: Addresses GST requirements and obligations

10. Independent Contractor Relationship: Clearly establishes the nature of the relationship as independent contracting, not employment

11. Intellectual Property: Covers ownership and rights to intellectual property created during the engagement

12. Confidentiality: Protects confidential information and trade secrets

13. Insurance and Liability: Specifies required insurance coverage and liability limitations

14. Termination: Details circumstances and processes for ending the agreement

15. General Provisions: Includes standard legal clauses such as governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restricts consultant from competing activities - include when protecting market position is crucial

2. Non-Solicitation: Prevents poaching of clients/employees - relevant for consultants with significant client contact

3. Performance Metrics: Defines specific KPIs and performance standards - use when quantifiable outcomes are required

4. Equipment and Resources: Specifies tools and resources provided by either party - include when significant resources are involved

5. Data Protection: Additional privacy and data handling obligations - include when handling sensitive or personal data

6. Change Control: Process for managing changes to services or requirements - useful for long-term or complex engagements

7. Force Majeure: Addresses unforeseen circumstances - particularly relevant post-COVID

8. Subcontracting: Rules regarding use of subcontractors - include when subcontracting might be needed

9. Work Health and Safety: Specific WHS obligations - include when consultant works on-site

10. Moral Rights: Additional IP rights provisions - relevant for creative or content-creation services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and specifications

2. Schedule 2 - Fees and Payment Terms: Comprehensive breakdown of fees, rates, and payment conditions

3. Schedule 3 - Key Personnel: Details of main consultant contacts and any approved subcontractors

4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable

5. Schedule 5 - Insurance Requirements: Detailed insurance obligations and minimum coverage requirements

6. Appendix A - Project Timeline: Milestone dates and project schedule if applicable

7. Appendix B - Approved Expenses: List of pre-approved expenses and reimbursement procedures

8. Appendix C - Client Policies: Relevant client policies the consultant must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Education

Mining

Construction

Professional Services

Manufacturing

Retail

Telecommunications

Energy

Media and Entertainment

Environmental Services

Transportation and Logistics

Government and Public Sector

Non-Profit Organizations

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Risk and Compliance

Project Management Office

Information Technology

Strategy

Business Development

Administrative Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Manager

Department Head

Business Unit Director

Risk Manager

Compliance Officer

Contract Manager

Finance Manager

IT Manager

Strategy Director

Management Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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