Managing the Synod’s obligations when contractors are involved

Description

This article explains the Synod’s responsibilities when engaging contractors. It covers the differencebetween employees and contractors, what to include in contracts, and the duty of care that must still be upheld.

Overview

The Synod often hires independent contractors to provide services like maintenance, software support, cleaning, or design work.

While contractors can help meet practical needs, the Synod must still meet legal obligations, especiallyaround duty of care, contract content, and staff and volunteer safety.

Contract for services vs contract of service

There are two ways a person might be engaged:

A contract for services means the person is a contractor, hired to do a specific task
A contract of service creates an employee relationship

It’s not always clear which applies, so it’s important to refer to guidance from the Fair Work

Ombudsman if unsure.

Getting this right is important because employee rights, taxes, superannuation, and workplace laws apply differently in each case.

What to include in a contract with a contractor

Contracts can vary widely depending on the work involved, but for most agreements,

especially those with higher risk or cost, it’s best to put everything in writing.

A good contract should clearly set out:

What services will be provided
Timeframes and locations
Cost and payment terms
Contractor qualifications and staff experience
Insurance requirements (e.g. public liability, and for some, professional indemnity)
Risk management and safety documents
Equipment to be supplied by the contractor
Safety considerations (including electrical or chemical hazards)
Site-specific inductions (e.g. emergency evacuation procedures)
Who to report incidents or near-misses to
Confirmation that the contractor complies with all legal and licensing requirements

Contractors, Synod, and duty of care

Even if a contractor is engaged, the Synod still holds a duty of care for anyone on its premises, including staff, volunteers, and visitors.

Hiring a contractor doesn’t shift this responsibility. Instead, it reinforces the need to:

Hire qualified, experienced people
Check their credentials before they begin work
Monitor their work for safety and compliance

If something goes wrong and the contractor is unqualified or behaves negligently, the Synod may still be held liable.

Doing due diligence before engagement is key to managing this risk.

Extra care when children or vulnerable adults are present

If the contractor may be working around children or vulnerable adults, consider requiring them to:

Acknowledge they’ve read the Synod’s Code of Conduct and Faithfulness in Service
Agree to follow the sections relevant to working near or around vulnerable groups This is a simple but important step in protecting everyone involved.

Conclusion

Contractors help the Synod carry out day-to-day activities. But they come with risks that need to be managed. The best protection is:

Planning ahead
Having a clear written contract
Verifying contractor qualifications and conduct expectations

If you’re unsure, seek advice early, especially for major or high-risk projects.