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Security Subcontractor Agreement Template for Australia

This document is a comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which a security subcontractor provides security services on behalf of a principal security contractor. It addresses key aspects including licensing requirements, operational standards, compliance with state and federal security regulations, personnel requirements, insurance obligations, and service delivery specifications. The agreement incorporates relevant provisions from Australian security industry legislation, workplace health and safety laws, and privacy regulations while establishing clear performance standards and accountability measures.

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What is a Security Subcontractor Agreement?

The Security Subcontractor Agreement is essential for businesses in Australia that need to subcontract security services to licensed security providers. This document is particularly relevant when a principal security contractor needs to engage additional security service providers to fulfill client obligations or manage peak demand periods. The agreement ensures compliance with Australian security industry regulations, including state-specific licensing requirements, while establishing clear operational protocols and service standards. It includes comprehensive provisions for risk management, insurance, personnel requirements, and performance monitoring, making it suitable for various security service arrangements from basic guarding to complex security operations. The document is designed to protect all parties' interests while ensuring regulatory compliance and maintaining service quality standards.

What sections should be included in a Security Subcontractor Agreement?

1. Parties: Identification of the principal contractor and security subcontractor, including ACN/ABN and licensing details

2. Background: Context of the agreement, including the principal contractor's main contract and need for security services

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Term and Engagement: Duration of the agreement and nature of the engagement

5. Subcontractor Obligations: Core responsibilities, service standards, and compliance requirements

6. Licensing and Qualifications: Required security licenses, certifications, and ongoing compliance obligations

7. Personnel Requirements: Standards for security personnel, including qualifications, training, and vetting requirements

8. Operational Procedures: Standard operating procedures, reporting requirements, and service delivery protocols

9. Work Health and Safety: WHS obligations, risk management, and safety procedures

10. Insurance and Indemnity: Required insurance coverage and indemnification provisions

11. Fees and Payment: Payment terms, rates, and invoicing procedures

12. Confidentiality and Privacy: Obligations regarding confidential information and privacy compliance

13. Termination: Termination rights, notice periods, and consequences of termination

14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

What sections are optional to include in a Security Subcontractor Agreement?

1. Equipment and Uniforms: Specifications for security equipment and uniform requirements when the subcontractor needs to use specific equipment or wear particular uniforms

2. Vehicle Requirements: Standards and requirements for security vehicles when mobile patrols are part of the services

3. Electronic Security Systems: Requirements for operating and monitoring security systems when electronic surveillance is involved

4. Key Performance Indicators: Specific performance metrics and measurement criteria when detailed performance monitoring is required

5. Emergency Response Procedures: Specific procedures for emergency situations when the services include emergency response

6. Intellectual Property: IP provisions when proprietary systems or procedures are involved

7. Non-Compete Provisions: Restrictions on competing activities when protecting client relationships is crucial

8. Assignment and Subcontracting: Provisions for further subcontracting when relevant to the service structure

What schedules should be included in a Security Subcontractor Agreement?

1. Schedule 1 - Services Specification: Detailed description of security services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Site Locations: List and details of locations where services are to be provided

4. Schedule 4 - Personnel Requirements: Specific qualifications, training, and vetting requirements for security personnel

5. Schedule 5 - Service Level Agreement: Detailed service standards and performance metrics

6. Schedule 6 - Operating Procedures: Standard operating procedures and protocols

7. Appendix A - Incident Report Templates: Standard forms for incident reporting

8. Appendix B - Security License Requirements: Specific licensing requirements by jurisdiction

9. Appendix C - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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