1. Definitions

In these Terms and Conditions, the following words and expressions have the meanings set out below unless the context requires otherwise:

ABN means Australian Business Number as defined under the A New Tax System (Australian Business Number) Act 1999(Cth).

Aged Care Quality and Safety Commission means the independent statutory authority established under the Aged Care Quality and Safety Commission Act 2018 (Cth) responsible for regulating and monitoring the quality and safety of Australian Government-funded aged care services.

AHPRA means the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law as in force in each state and territory.

Booking means a confirmed arrangement, shift or work placement between a Client or Provider and a Worker for the delivery of Services through the Platform, as recorded and facilitated by the Platform.

Client means an individual who seeks care, support, companionship, nursing, or allied health services through the Platform, and includes where applicable that individual’s authorised nominee, guardian, plan manager, or legal representative acting in that capacity; Provider means a healthcare organisation, NDIS registered provider, aged care facility, hospital, or other organisation that accesses the Platform to engage Workers for the delivery of Services. Participant means any individual accessing, receiving, or facilitating the delivery of Services through the Platform, including: (a) an NDIS participant within the meaning of the National Disability Insurance Scheme Act 2013 (Cth); (b) an Aged Care client receiving services funded or regulated under the Aged Care Act 1997 (Cth) or any applicable aged care program; (c) a primary carer or family member who is informally or formally recognised as providing ongoing care and support to a person described in (a) or (b); (d) an authorised nominee appointed to act on behalf of such a person in accordance with applicable legislation or regulatory guidelines; (e) a guardian appointed under applicable state or territory guardianship legislation; (f) a plan manager registered to manage NDIS funding on behalf of a participant; or (g) a legal representative, including a holder of a power of attorney or a court-appointed administrator, lawfully authorised to act on behalf of any person described above. Where the context requires, a reference to a Participant includes that person’s duly authorised representative acting in that capacity.

Code of Conduct means the Platform’s Code of Conduct and Community Standards as published and amended by Us on the Platform from time to time.

Compliance Documentation means all screening clearances, training records, qualifications, registrations, certifications, and insurance documents required to be held and maintained by a User pursuant to these Terms or any applicable law, regulation, or regulatory requirement.

GST has the meaning given to it under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

NDIS means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth).

NDIS Commission means the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 (Cth)

Platform means the Ethical Hire digital marketplace, including its website, mobile application, and all associated tools, features, and services operated by Us.

Services means disability support, aged care, nursing, allied health, companionship, transport, and other care-related services arranged or facilitated through the Platform pursuant to a Booking.

Shift means a discrete, confirmed period of work arranged through the Platform between a Worker and a Client / Provider /Participant.

Terms means these Terms and Conditions, as amended by Us from time to time in accordance with the provisions herein.

We / Us / Our: Ethical Hire, ABN 77 679 399 001, the operator of the Platform.

Worker: a support worker, disability support worker, aged care worker, nurse, or allied health professional who registers on the Platform to find work opportunities or be matched with Shifts and roles.

Users

2. Nature of the Platform — Important Legal Status

The Platform operates solely as a digital marketplace that facilitates introductions and connections between Clients and Workers. Ethical Hire does not directly provide, and expressly disclaims all responsibility for the provision of, any disability support, aged care, nursing, allied health, companionship, transport, or other care-related services. All such Services are provided solely by Workers in their individual capacity or by Providers as independent entities. For the avoidance of doubt, nothing in these Terms, nor any conduct, communication, or transaction facilitated through the Platform, shall be construed as constituting Ethical Hire as a labour hire agency, employment agency, employer, co-employer, principal, contractor, or provider of any care-related services whatsoever.


2.1 Independent Contractor Status

All Workers accessible through the Platform are independent contractors, sole traders, or employees of their own registered entities (where applicable). Workers are not, and must not be represented as, employees, agents, partners, or representatives of Ethical Hire for any purpose. Nothing in these Terms creates, or shall be deemed to create, a relationship of employment, joint venture, partnership, or agency between Ethical Hire and any Worker or Client. Each Worker and Provider is solely responsible for their own acts, omissions, conduct, tax obligations, superannuation, insurance, and compliance with all applicable laws, regulations, industrial instruments, and professional standards in connection with the delivery of Services.

2.2 Platform’s Limited Role

The Platform’s role is strictly limited to facilitating the following functions:

Registration & Profiles – enabling Users to create, manage, and maintain profiles on the Platform, including Workers uploading and displaying all required Compliance Documentation to demonstrate compliance to applicable regulatory and screening requirements;

Job & Shift Listings – enabling Clients to post available roles, ongoing positions, and individual Shifts, and enabling Workers to browse, apply for, and accept such roles and Shifts through the Platform;

Matching & Booking – connecting Workers with Clients based on availability, skills, location, qualifications, and preferences, including facilitating the shortlisting, selection, and engagement of Workers by Clients for both ongoing roles and individual Shifts;

Database Access – enabling Clients to access the Platform’s Worker database on a subscription or fee-for-access basis, subject to applicable pricing terms, for the purpose of identifying, shortlisting, and directly engaging suitable Workers;

Communication Tools – providing in-platform messaging and notification functionality to facilitate communication between Users in connection with the above functions;

Payment Processing – facilitating the secure processing of payments between Users in accordance with agreed rates;

Compliance & Safety – supporting adherence to applicable regulatory, screening, and safety requirements by providing tools and reminders to Users.

 

Ethical Hire does not supervise, direct, control, or manage the manner in which Workers deliver Services, nor does it guarantee the availability, suitability, qualifications, character, quality, or safety of any Worker or Service arranged through the Platform. Any steps taken by Ethical Hire to verify information provided by Workers or Providers are undertaken at Ethical Hire’s absolute discretion and do not constitute a warranty or representation as to the accuracy, completeness, or currency of such information, nor do they give rise to any duty of care, obligation, or liability on the part of Ethical Hire.

2.3 Responsibility for Service Delivery, Work Health & Safety, and Liability

The parties acknowledge that under the Work Health and Safety Act 2011 (Cth) and applicable state and territory equivalents, work health and safety duties may apply to multiple parties simultaneously in connection with the delivery of Services.

2.3.1 Primary WHS responsibility

The primary and direct responsibility for work health and safety in connection with the actual delivery of Services rests with the Worker performing the Services and the Client, Provider, or Participant engaging them. Each Worker, Client, Provider, and Participant is solely responsible for:

• identifying, assessing, and managing all health and safety risks at the workplace or location where Services are delivered;
• complying with all applicable WHS legislation, regulations, codes of practice, and standards, including the Work Health and Safety Act 2011 (Cth) and any applicable state or territory equivalent;
• providing and maintaining a safe working environment for all persons at the place where Services are delivered; and
• reporting all workplace incidents, injuries, and near-misses in accordance with applicable legal requirements.

For the avoidance of doubt, nothing in this clause transfers or extinguishes any WHS duty imposed on any party by operation of law. Each party remains responsible for their own WHS obligations as required by applicable legislation, regardless of any other party’s concurrent duty.

2.3.2 Workers Compensation and WorkCover

Each Worker is solely responsible for obtaining and maintaining their own workers compensation insurance, personal accident insurance, and income protection insurance as required by applicable law in the state or territory in which Services are delivered.

Ethical Hire is not the employer of any Worker and is not a host employer for the purposes of any workers compensation or WorkCover legislation. Accordingly:

• Ethical Hire accepts no liability for any workers compensation or WorkCover claim, workplace injury, illness, or death arising from the delivery of Services;
• any WorkCover or workers compensation obligations arising from the engagement of a Worker rest solely with the engaging Client, Provider, or Participant, or with the Worker’s own registered entity, as applicable; and
• each Client, Provider, and Participant engaging a Worker acknowledges that they may bear workers compensation obligations in respect of that Worker under applicable state or territory legislation and agrees to obtain independent legal advice as to those obligations prior to engaging any Worker through the Platform.

2.3.3 Indemnity

To the maximum extent permitted by law, each Worker, Client, Provider, and Participant (as applicable) agrees to indemnify, defend, and hold harmless Ethical Hire, its officers, employees, and agents from and against any and all civil claims, losses, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

• any workplace injury, illness, incident, or death occurring in connection with the delivery of Services caused by the act, omission, negligence, or misconduct of that party;
• any workers compensation or WorkCover claim made by or on behalf of any Worker engaged by that party;
• any breach of applicable WHS legislation by that party; or
• any failure by that party to maintain a safe workplace or working environment at the location where Services are delivered.
  
  

For the avoidance of doubt, this indemnity does not extend to any statutory WHS penalty, fine, or monetary penalty imposed under the Work Health and Safety Act 2011 (Cth) or any equivalent state or territory legislation, as such penalties cannot be the subject of an indemnity arrangement under applicable law. Nothing in this clause requires any party to indemnify Ethical Hire for Ethical Hire’s own negligence, wilful misconduct, or breach of its own statutory WHS duties.

 

2.3.4 Background Checks and Compliance Verification

By default, Ethical Hire does not independently verify, screen, or conduct background checks on any Worker or Provider. All Compliance Documentation uploaded to the Platform by Workers and Providers is self-reported and uploaded solely by the relevant Worker or Provider. Ethical Hire makes no representation or warranty as to the accuracy, authenticity, currency, or completeness of any such documentation.

Where a Client, Provider, or Participant elects to access Ethical Hire’s optional paid verification service, Ethical Hire will undertake reasonable steps to verify certain aspects of a Worker’s Compliance Documentation as specified in that service. However, such verification is provided as a facilitation service only and does not constitute a guarantee, warranty, or assurance of a Worker’s suitability, character, qualifications, or fitness for purpose. The availability of a verified account on the Platform does not transfer, reduce, or otherwise affect the obligations and liabilities of the engaging Client, Provider, or Participant to conduct their own independent due diligence prior to engaging any Worker.

2.3.5 Limitation of Liability

To the maximum extent permitted by applicable law, and subject to clause 2.3.6 below, Ethical Hire’s total aggregate liability to any party arising out of or in connection with these Terms, the Platform, or any Services arranged through the Platform, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total fees paid by that party to Ethical Hire in the twelve (12) months immediately preceding the event giving rise to the claim.

Subject to clause 2.3.6, Ethical Hire expressly excludes liability for:

• any indirect, consequential, special, or punitive loss or damage of any kind;
• loss of revenue, profit, opportunity, data, or goodwill;
• the act, omission, negligence, misconduct, or breach of any Worker, Provider, Participant, or Client;
• any failure by a Worker, Provider, Client, or Participant to hold, maintain, or comply with required Compliance Documentation; or
• any reliance placed on information, profiles, or Compliance Documentation displayed on the Platform, whether verified or unverified

 

2.3.6 Non-Excludable Guarantees

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including any guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where such non-excludable rights apply, Ethical Hire’s liability is limited to the extent permitted by law, and where Ethical Hire is permitted to limit its liability, Ethical Hire limits its liability to the resupply of the relevant services or the cost of having those services supplied again.

3. Eligibility & Registration

Access to and use of the Platform is conditional upon meeting and maintaining the eligibility requirements set out in this clause. Registration on the Platform does not constitute a guarantee of work, engagement, or the availability of Services. Ethical Hire reserves the right to refuse, suspend, or terminate registration at its absolute discretion where any eligibility requirement is not met or is no longer satisfied, without liability to any party.

3.1 General Eligibility Requirements

To be eligible to register on the Platform, all Users must, at the time of registration and at all times during their use of the Platform:

• be at least 18 years of age;
• be an Australian citizen, permanent resident, or hold a valid and current right to work or receive services in Australia, as applicable to their User type;
• provide accurate, complete, current, and not misleading information, including contact details, identity documentation, and where applicable, funding information such as NDIS plan details, plan management arrangements, or aged care funding information;
• ensure that all information contained in their profile — including support requirements, care preferences, safety disclosures, health information, and care plans — is accurate, current, and updated promptly upon any change;
• have full legal capacity to enter into a binding agreement under Australian law; and
• where registering or acting as an authorised nominee, guardian, plan manager, or legal representative on behalf of another Participant, hold documented and current legal authority to do so, and provide evidence of that authority upon request.

Any User who provides false, misleading, or incomplete information in connection with their registration or ongoing use of the Platform is in material breach of these Terms and may be immediately suspended or permanently removed from the Platform.

Ethical Hire reserves the right to report any suspected fraudulent, misleading, or unlawful conduct to relevant authorities, including the NDIS Commission, AHPRA, the Aged Care Quality and Safety Commission, or law enforcement, as applicable.

3.2 Worker-Specific Eligibility Requirements

In addition to the general eligibility requirements in clause 3.1, Workers must satisfy and continuously maintain all of the following requirements prior to activation of their account and at all times during their use of the Platform:

3.2.1 Screening and Checks

• a current and valid Working with Children Check (WWCC) where required by applicable state or territory law, and in any event where the Worker’s services may involve contact with children or young persons;
• a current NDIS Worker Screening Check where required by the National Disability Insurance Scheme Act 2013(Cth) or applicable state or territory law, or where the Worker intends to deliver NDIS-funded supports;
• a current National Police Check issued within the preceding twelve (12) months, or within such shorter period as required by applicable law, the NDIS Commission, the Aged Care Quality and Safety Commission, or Ethical Hire’s published compliance policies from time to time; and
• any additional screening, clearance, or check required by applicable law or regulation in the state or territory in which the Worker intends to deliver Services.

 

3.2.2 Qualifications, Registrations, and Licences

• all qualifications, registrations, licences, and certifications required by law to perform the services they offer through the Platform, including without limitation AHPRA registration for nurses and allied health professionals, and any continuing professional development requirements associated with those registrations;
• current and valid first aid certification where required by law or the nature of the services offered; and
• a current and valid driver’s licence where the Worker intends to provide transport-related services through the Platform.

3.2.3 Insurance

• current professional indemnity insurance and public liability insurance at coverage levels required by applicable law, the NDIS Commission, or Ethical Hire’s published compliance policies, whichever is greater; and
• any other insurance required by applicable law or regulation in connection with the services offered.

 

3.2.4 Right to Work

• a current, valid, and unrestricted right to work in Australia for the full duration of their engagement on the Platform; and
• immediate notification to Ethical Hire upon any change to, restriction on, or cancellation of their right to work in Australia.
  
  

Workers acknowledge and agree that it is their sole responsibility to obtain, maintain, renew, and ensure the ongoing currency of all required checks, qualifications, registrations, licences, and insurance. 

Ethical Hire does not warrant that a Worker who has uploaded Compliance Documentation has satisfied all applicable requirements, and the uploading of documentation to the Platform does not constitute verification of its authenticity or currency unless expressly confirmed through Ethical Hire’s optional paid verification service.

3.3 Provider-Specific Requirements

In addition to the general eligibility requirements in clause 3.1, organisations registering as Providers must, at all times during their use of the Platform:

• be a legally registered Australian business entity holding a current and valid ABN;
• where applicable, hold current NDIS Provider registration in accordance with the National Disability Insurance Scheme Act 2013 (Cth) and any applicable NDIS Practice Standards, or aged care accreditation as required under the Aged Care Act 1997 (Cth) and applicable Aged Care Quality Standards;
• hold current and adequate public liability insurance, professional indemnity insurance, and workers compensation insurance as required by applicable law;
• ensure that all staff, officers, and representatives accessing the Platform on the Provider’s behalf individually satisfy all applicable screening, eligibility, and compliance requirements under these Terms and applicable law;
• maintain all relevant regulatory approvals, licences, and accreditations required to operate as a care or support services organisation in the relevant state or territory; and
• notify Ethical Hire immediately upon any change to, suspension of, cancellation of, or investigation into any registration, accreditation, licence, or regulatory approval held by the Provider.

Providers acknowledge that they remain solely responsible for ensuring that all Workers engaged through the Platform satisfy applicable regulatory requirements for the specific services being delivered, and that engagement of a Worker through the Platform does not relieve the Provider of any obligation under applicable law, including obligations under the NDIS Practice Standards, Aged Care Quality Standards, or applicable WHS legislation.

 

3.4 Participant and Client-Specific Obligations

Participants and Clients accessing Services through the Platform must:

• provide accurate and complete information regarding their support needs, care requirements, health conditions, and any known risks or safety considerations relevant to the delivery of Services, including information regarding the home or care environment in which Services will be delivered;
• disclose any known risks, hazards, or safety considerations relevant to the Worker’s attendance at the location where Services are to be delivered, prior to the commencement of any Booking;
• not engage any Worker through the Platform for any purpose that is unlawful, outside the scope of the Worker’s qualifications or role, or inconsistent with the Worker’s Compliance Documentation; and
• where accessing NDIS-funded Services, ensure that all Bookings are consistent with their current approved NDIS plan and that they have authority to commit the relevant funding to the Booking.
  
  

Failure to disclose known risks or safety information prior to a Booking may constitute a breach of these Terms and may expose the Participant or Client to liability for any resulting loss, injury, or damage suffered by a Worker or third party.

 

3.5 Account Security and Integrity

Each User is solely responsible for:

• maintaining the strict confidentiality of their account credentials, login details, and any verification codes or access tokens;
• all activity conducted under their account, whether or not authorised by them;
• ensuring that no other person accesses or uses their account without express authorisation; and
• notifying Ethical Hire immediately, and in any event within 24 hours, upon becoming aware of any unauthorised access to, or suspected security breach of, their account.
  
  

Ethical Hire shall not be liable for any loss, damage, or liability arising from a User’s failure to maintain account security or from unauthorised access resulting from the User’s own act or omission. Ethical Hire reserves the right to suspend or terminate any account where suspicious, unauthorised, or potentially fraudulent activity is detected, without prior notice and without liability.

Users must not share, sell, transfer, or otherwise deal with their account or account credentials. Each account is personal and non-transferable. Any attempt to transfer an account or use another User’s account constitutes a material breach of these Terms.

 

3.6 Verification and Ongoing Compliance Monitoring

Ethical Hire reserves the right, at any time and without prior notice, to:

• request verification of any eligibility requirement, including identity documents, Compliance Documentation, insurance certificates, screening clearances, funding details, or authority to act;
• suspend access to the Platform pending receipt and review of requested documentation;
• remove, suspend, or permanently deactivate any account where required documentation is not provided within a reasonable timeframe specified by Ethical Hire, or where documentation provided is found to be inaccurate, expired, or fraudulent; and
• conduct periodic audits of Compliance Documentation held on the Platform.

Each User must notify Ethical Hire immediately, and in any event within 48 hours, upon becoming aware of:

• the expiry, suspension, cancellation, or lapsing of any required check, registration, licence, qualification, or insurance;
• any investigation, disciplinary proceeding, or adverse finding by any regulatory body, professional body, or law enforcement authority in relation to the User; or
• any change in circumstances that affects the User’s eligibility to remain registered on the Platform.
  
  

Failure to notify Ethical Hire of any change in eligibility constitutes a material breach of these Terms and may result in immediate suspension or termination of the User’s account, recovery of any fees paid, and referral to relevant regulatory authorities where required by law.

 

3.7 Representations and Warranties

By registering on the Platform and at each subsequent login, each User represents and warrants to Ethical Hire that:

• all information provided to Ethical Hire is true, accurate, complete, and not misleading;
• they hold all required checks, qualifications, registrations, licences, and insurance required under these Terms and applicable law;
• they have full legal capacity and authority to enter into and be bound by these Terms;
• their use of the Platform will comply with all applicable laws, regulations, and professional standards; and
• they will immediately notify Ethical Hire of any change in circumstances that affects the accuracy of any representation or warranty made under this clause.

 

Each representation and warranty is a continuing obligation for the duration of the User’s registration on the Platform. Breach of any representation or warranty constitutes a material breach of these Terms entitling Ethical Hire to immediately suspend or terminate the User’s account without liability.

4. Bookings, Payments & Platform Integrity

All Bookings, payments, and service arrangements must be conducted through the Platform in accordance with these Terms. Ethical Hire operates solely as a digital marketplace and does not provide Services directly. The obligations in this clause exist to maintain the operational and commercial integrity of the Platform. Nothing in this clause shall be construed as a warranty, representation, or guarantee by Ethical Hire as to the safety, quality, or outcome of any Services arranged through the Platform.

 

4.1 Exclusive Platform Booking Requirement

All Bookings, Shift requests, schedule changes, cancellations, service agreements, care plans, communications relating to the delivery of Services, and ongoing support arrangements between any Users introduced through the Platform must be created, managed, confirmed, varied, and recorded exclusively through the Platform, regardless of how the initial introduction between the relevant Users occurred.

Users must not use the Platform solely or predominantly as an introductory or matching service while conducting the substantive booking, payment, service arrangement, or ongoing engagement outside of the Platform.

For the avoidance of doubt, this obligation applies to:

• all Services of any nature arranged between Users who were first introduced through the Platform, whether the introduction occurred through the matching algorithm, direct search, or any other Platform functionality;
• all recurring, ongoing, block-funded, or NDIS plan-managed engagements arising from an initial introduction through the Platform; and
• any variation, extension, or renewal of a Booking or engagement originally arranged through the Platform.
  
  

Users acknowledge that the exclusive booking obligation is a material term of these Terms without which Ethical Hire would not grant access to the Platform, and that this obligation is reasonable having regard to Ethical Hire’s legitimate interest in maintaining the commercial viability and operational integrity of the Platform.

4.2 Mandatory Platform Payments

All payments for Services arranged through or arising from an introduction made through the Platform must be processed exclusively through the Platform’s approved payment system, in accordance with Ethical Hire’s published payment terms as amended from time to time.

Users must not make, solicit, offer, accept, or facilitate payment for Services – in whole or in part – through any means other than the Platform’s approved payment system, including:

• cash payments of any amount;
• direct bank transfers, EFT payments, or cheque payments;
• PayID, PayTo, or BPAY arrangements;
• third-party payment platforms or applications, including but not limited to PayPal, Venmo, Beemit, Stripe, or any similar service;
• cryptocurrency, digital assets, stablecoins, or any other decentralised or blockchain-based payment method;
• gifts, vouchers, benefit transfers, or any other consideration — monetary or otherwise — intended or reasonably understood to substitute for or supplement Platform payments;
• NDIS plan funds, aged care funding, or any government-funded care subsidy paid directly to a Worker or Provider outside of the Platform’s billing system, except where expressly authorised in writing by Ethical Hire; and
• any other offline, informal, undisclosed, or indirect financial arrangement of any nature.
  
  

This obligation applies to the full value of any Services arranged, whether billed on a per-Shift, hourly, recurring, block-funded, NDIS claim, or aged care subsidy basis. Where a User’s NDIS plan is managed by a plan manager, all claims and payments in connection with Services arranged through the Platform must be processed through the Platform’s approved billing integration or as otherwise directed by Ethical Hire in writing.

 

4.3 NDIS Pricing and Regulatory Compliance

Where Services are funded wholly or partially through a Participant’s NDIS plan, all pricing, billing, and claiming must comply with the NDIS Pricing Arrangements and Price Limits as published by the National Disability Insurance Agency (NDIA) from time to time. Users must not charge, accept, or facilitate payment for NDIS-funded Services at a rate that exceeds the applicable NDIS price limit, or claim for Services that were not delivered or were delivered inconsistently with the Participant’s approved NDIS plan.

Any billing, claiming, or payment arrangement that contravenes the NDIS Pricing Arrangements, the National Disability Insurance Scheme Act 2013 (Cth), or any applicable NDIS Practice Standard constitutes a material breach of these Terms and may be referred to the NDIS Commission or the NDIA. Ethical Hire reserves the right to withhold, reverse, or recover any payment processed through the Platform that it reasonably suspects to be non-compliant with applicable NDIS pricing rules.

4.4 Non-Solicitation and Anti-Circumvention

Each User agrees that they will not, directly or indirectly, during the Term and for the duration specified in clause 4.5:

• solicit, encourage, approach, or invite any other User introduced through the Platform to provide, receive, or arrange Services outside of the Platform;
• accept, act upon, or facilitate any offer, proposal, or arrangement to provide or receive Services outside of the Platform;
• exchange, request, or accept personal contact details, direct communication channels, social media identifiers, or any other identifying information for the purpose of, or with the likely effect of, bypassing or circumventing the Platform;
• attempt to avoid, reduce, or circumvent any Platform service fee, commission, Booking process, payment obligation, or compliance requirement;
• structure any arrangement, payment, or engagement in a manner designed or intended to obscure, misrepresent, or avoid the Platform’s booking or payment obligations; or
• engage, instruct, or permit any third party to facilitate any of the above on their behalf.
  
  

Users acknowledge that the non-solicitation and anti-circumvention obligations in this clause are reasonable in scope, duration, and geographic application, and are reasonably necessary to protect Ethical Hire’s legitimate business interests, including its investment in developing and maintaining the Platform, its Worker and Provider network, and its proprietary matching and compliance systems.

 

4.5 Duration of Obligations

The obligations under clauses 4.1 to 4.4 apply:

• throughout the entire period of a User’s active registration on the Platform; and
• for a period of twelve (12) months following the date of account termination, deactivation, expiry, or the date of the last verified interaction between the relevant Users through the Platform – whichever is the later.

 

Users acknowledge that the twelve (12) month post-termination period is reasonable having regard to the nature of the Platform, the investment made by Ethical Hire in facilitating the introduction between the relevant Users, and the need to protect the commercial viability of the Platform. Nothing in this clause shall be construed as preventing a Worker from offering services independently of the Platform to persons with whom the Worker had a pre-existing relationship prior to their registration on the Platform, provided that the Worker can demonstrate that such relationship existed independently of any introduction facilitated by the Platform.

 

4.6 Circumvention Fee

Where Ethical Hire reasonably determines that a User has breached clauses 4.1 to 4.4, the User agrees to pay Ethical Hire a circumvention fee calculated as follows:

• the Platform’s standard service fee or commission rate applicable at the time of the breach, applied to the estimated gross value of all Services performed, arranged, or agreed outside of the Platform in breach of these Terms; and
• where the value of off-platform Services cannot be reasonably determined, a minimum circumvention fee of $2,500 per breach or series of related breaches, which the parties acknowledge is a genuine pre-estimate of Ethical Hire’s loss and not a penalty.

 

The circumvention fee is payable in addition to, and does not limit, any other remedy available` to Ethical Hire, including recovery of lost fees, damages, and legal costs. Ethical Hire’s right to recover the circumvention fee survives termination of these Terms.

 

4.7 Consequences of Breach

Any breach or suspected breach of this clause constitutes a material breach of these Terms. Without limiting any other right or remedy available to Ethical Hire at law or in equity, a breach of this clause may result in any one or more of the following at Ethical Hire’s absolute discretion:

• immediate suspension or permanent termination of the User’s account and all access to the Platform, without notice and without liability;
• cancellation of all active or pending Bookings associated with the User’s account;
• recovery of the circumvention fee as specified in clause 4.6;
• recovery of all loss, damage, costs, and expenses suffered or incurred by Ethical Hire as a result of the breach, including reasonable legal costs on a full indemnity basis;
• set-off of any amounts owed to the User against any amounts owed by the User to Ethical Hire;
• referral to relevant regulatory authorities, including the NDIS Commission, the NDIA, the Aged Care Quality and Safety Commission, the Australian Tax Office, or law enforcement, where the breach involves or is suspected to involve fraud, misrepresentation, tax evasion, or other unlawful conduct; and
• commencement of legal proceedings in the courts of Victoria or such other jurisdiction as Ethical Hire elects.

 

4.8 Reporting of Suspected Circumvention

Users are encouraged to report any suspected or actual breach of this clause to Ethical Hire through the Platform’s designated reporting mechanism. Ethical Hire will treat all reports confidentially to the extent reasonably practicable. A User who makes a report in good faith shall not suffer any adverse consequence as a result of making that report, provided the report is not made maliciously or without reasonable basis.

 

4.9 Ethical Hire’s Payment Obligations to Workers

Ethical Hire will process payments to Workers in accordance with the payment terms published on the Platform from time to time, subject to:

• receipt of cleared funds from the relevant Client, Provider, or Participant;
• the Worker’s account being active, verified, and in good standing;
• no dispute, hold, or investigation being active in relation to the relevant Booking or payment; and
• the Worker having provided all required banking and tax information, including a valid ABN where applicable.
  
  

Ethical Hire acts solely as a payment facilitator between Users and is not liable for any delay in payment caused by a third-party payment processor, banking institution, or NDIS plan manager. Workers acknowledge that Ethical Hire’s obligation to process payment is contingent upon receipt of funds from the engaging party and that Ethical Hire does not guarantee payment where the engaging party fails to fund or authorise the relevant transaction.

5. Cancellation & No-Show Policy

Ethical Hire acknowledges that circumstances may require Bookings to be cancelled, modified, or rescheduled. However, late cancellations and no-shows cause direct financial loss to Workers, disrupt care continuity for Participants and Clients, and undermine the operational integrity of the Platform. The obligations in this clause are designed to fairly allocate the risk and cost of cancellations between the relevant parties while protecting Ethical Hire from liability arising from cancellation disputes. Nothing in this clause constitutes Ethical Hire as a party to the service arrangement between a Worker and a Client, Provider, or Participant, or imposes any liability on Ethical Hire for loss suffered as a result of a cancellation or no-show by any User.

5.1 Cancellation by Clients, Providers, and Participants

All cancellations of confirmed Bookings must be made exclusively through the Platform. Verbal, SMS, email, or any other communication made directly to a Worker does not constitute a valid cancellation for the purposes of these Terms, regardless of whether the Worker acknowledges receipt of that communication.

The following cancellation notice requirements and fee schedule apply to all cancellations made by Clients, Providers, and Participants:

• More than 48 hours before the scheduled Booking start time — no cancellation fee applies;

• Between 24 and 48 hours before the scheduled Booking start time — a cancellation fee of TBD% of the total Shift value applies; and

• Less than 24 hours before the scheduled Booking start time, or same-day cancellation — a cancellation fee of up to TBD% of the total Shift value applies.

 

Cancellation fees are calculated on the total value of the cancelled Booking at the confirmed rate and are payable immediately upon cancellation. Cancellation fees represent a genuine pre-estimate of the loss suffered by the Worker and Ethical Hire as a result of the late cancellation and are not a penalty. Ethical Hire reserves the right to deduct cancellation fees from any funds held in the User’s Platform account or to invoice the User directly where insufficient funds are held.

Where a cancellation fee applies, Ethical Hire will distribute the applicable portion to the affected Worker in accordance with its published payment terms, less any applicable Platform service fee.

Where Services are funded through an NDIS plan, cancellation fees will be claimed in accordance with the NDIS Pricing Arrangements and Price Limits applicable at the time of cancellation, including the applicable short notice cancellation rules. Users acknowledge that NDIS cancellation rules may differ from Ethical Hire’s standard cancellation policy and agree that where a stricter rule applies, that rule will prevail.

 

5.2 Modification and Rescheduling

All modifications to confirmed Bookings, including changes to Shift times, duration, location, or scope of Services, must be made exclusively through the Platform and agreed to by all relevant parties through the Platform prior to the commencement of the Booking.

Unilateral modifications made outside the Platform – including verbal agreements between a Worker and Client to extend a Shift, change a location, or alter the scope of Services – are not recognised under these Terms and do not create any obligation on Ethical Hire to process payment for the modified arrangement. Ethical Hire accepts no liability for any dispute arising from a modification made outside the Platform.

Where a Booking is modified to increase the duration or scope of Services, the additional Services must be booked and confirmed through the Platform prior to delivery. Workers must not deliver, and Clients, Providers, and Participants must not request, Services beyond the scope of a confirmed Booking without first creating a new or amended Booking through the Platform.

 

5.3 Cancellation by Workers

Workers who are unable to attend a confirmed Booking must cancel through the Platform as early as practicable and in any event prior to the scheduled Booking start time. Workers acknowledge that late cancellations cause direct harm to Participants and Clients who rely on care services and may result in serious consequences for vulnerable persons.

The following consequences may apply to Workers who cancel late or fail to provide adequate notice, at Ethical Hire’s absolute discretion:

• a formal warning recorded against the Worker’s account;

• reduced visibility, ranking, or priority in the Platform’s matching and search algorithm;

• temporary suspension of the Worker’s account and removal from active Bookings pending review;

• permanent deactivation of the Worker’s account for repeated, patterns of, or egregious late cancellations; and

• where a Worker’s repeated cancellations cause demonstrable loss to Ethical Hire, recovery of reasonable costs and damages.

 

Ethical Hire will maintain an internal record of Worker cancellation history. Workers acknowledge that cancellation history may be taken into account in Ethical Hire’s matching algorithm, account status decisions, and any dispute resolution process.

 

5.4 No-Show Policy

A no-show occurs where a Worker, Client, Provider, or Participant fails to attend or be available for a confirmed Booking at the scheduled time and location without having cancelled through the Platform prior to the Booking start time.

5.4.1 Worker No-Show

Where a Worker fails to attend a confirmed Booking without prior cancellation through the Platform:

• the affected Client, Provider, or Participant must report the no-show through the Platform as soon as practicable and in any event within 24 hours of the scheduled Booking start time;

• Ethical Hire will investigate the reported no-show and may take any action it considers appropriate in its absolute discretion, including account suspension or termination;

• the Worker will not be entitled to payment for the Booking;

• where the no-show causes demonstrable loss to the Client, Provider, or Participant, that party may lodge a dispute through the Platform’s dispute resolution process; and

• Ethical Hire accepts no liability for any loss, damage, or harm suffered by any party as a result of a Worker no-show, including any harm resulting from a gap in care or support.

 

5.4.2 Client, Provider, or Participant No-Show

Where a Client, Provider, or Participant fails to attend or be available for a confirmed Booking without prior cancellation through the Platform:

• the Worker must report the no-show through the Platform as soon as practicable and in any event within 2 hours of the scheduled Booking start time;

• the Worker will be entitled to payment for the Booking at the confirmed rate, subject to Ethical Hire’s reasonable verification of the no-show report;

• a no-show fee equivalent to 100% of the Booking value may be charged to the Client, Provider, or Participant; and

• repeat no-shows may result in suspension or permanent termination of the relevant account.

 

5.5 Emergency Cancellations

Ethical Hire acknowledges that genuine emergencies may arise that prevent attendance at a confirmed Booking. A User seeking consideration of emergency cancellation status must:

• notify Ethical Hire through the Platform as soon as practicable upon becoming aware of the emergency, and in any event prior to or as close as possible to the scheduled Booking start time;

• provide supporting documentation evidencing the emergency, including but not limited to a medical certificate, hospital admission record, emergency services report, or other contemporaneous evidence, within 48 hours of the cancellation; and

• not use the emergency cancellation process more than twice in any rolling 12-month period without providing satisfactory explanation to Ethical Hire.
  
  

Ethical Hire reserves the right to grant or refuse emergency cancellation status at its absolute discretion. The granting of emergency cancellation status does not automatically waive any applicable cancellation fee – Ethical Hire may reduce or waive the fee at its discretion having regard to the circumstances. A User who invokes the emergency cancellation process without genuine cause commits a material breach of these Terms.

 

5.6 Cancellation of NDIS and Aged Care Funded Bookings

Where a cancelled Booking is funded wholly or partially through an NDIS plan or aged care subsidy, the following additional obligations apply:

• all cancellations must be recorded through the Platform in a manner that enables accurate and compliant claiming in accordance with the NDIS Pricing Arrangements and Price Limits or applicable aged care funding rules;

• Users must not submit, authorise, or facilitate a claim for a cancelled Booking except to the extent permitted under the applicable NDIS or aged care cancellation rules;

• any cancellation fee claimed against an NDIS plan must comply with the short notice cancellation provisions of the NDIS Pricing Arrangements applicable at the time of cancellation; and

• Ethical Hire reserves the right to withhold or reverse any payment it reasonably suspects to be a non-compliant cancellation claim and to report suspected non-compliant claiming to the NDIS Commission or relevant aged care regulator.

 

5.7 Ethical Hire’s Limited Role in Cancellation Disputes

Ethical Hire’s role in connection with cancellations and no-shows is limited to facilitating the reporting and recording of cancellations through the Platform and administering the fee schedule set out in this clause. Ethical Hire is not a party to any dispute arising between a Worker and a Client, Provider, or Participant in connection with a cancellation or no-show and accepts no liability for:

• any loss of income suffered by a Worker as a result of a cancellation or no-show by a Client, Provider, or Participant;

• any loss, damage, or harm suffered by a Client, Provider, or Participant as a result of a cancellation or no-show by a Worker;

• any gap in care, support, or services resulting from a cancellation or no-show; or

• any consequential, indirect, or economic loss of any nature arising from a cancellation or no-show by any User.
  
  

Ethical Hire’s sole obligation in connection with a cancellation or no-show is to administer the applicable fee in accordance with this clause and to take reasonable steps to investigate and respond to reported no-shows in accordance with its published platform policies.

6. Fees, Pricing & Billing

6.1 Platform Service Fees

All fees, charges, and billing arrangements in connection with the Platform are governed exclusively by this clause. Ethical Hire reserves the right to modify its fee structure in accordance with clause 6.8. By registering on or continuing to use the Platform, each User agrees to pay all applicable fees in accordance with these Terms. Ethical Hire’s fee obligations are limited to facilitating the collection and distribution of payments between Users – Ethical Hire does not guarantee the collection of any amount owed by one User to another and accepts no liability for failed, disputed, or unrecoverable payments arising from the act or omission of any User.

6.1 Platform Service Fees

Ethical Hire charges service fees for facilitating connections, Bookings, and payment processing between Users. The applicable fee schedule, including all service fees, subscription fees, database access fees, verification fees, and any other charges, is published on the Platform and incorporated into these Terms by reference.

Fees are structured as follows, subject to the published fee schedule:

• Worker fees: a service fee calculated as a percentage of the gross value of each confirmed Booking, deducted from the Worker’s payment at the time of disbursement;

• Client and Participant fees: a service fee or booking fee applied at the time of Booking confirmation, as specified in the published fee schedule;

• Provider subscription fees: a periodic subscription fee for access to the Platform’s Worker database, shortlisting, and engagement functionality, payable in advance in accordance with the published subscription terms;

• Verification fees: a one-off or periodic fee for access to Ethical Hire’s optional paid verification service, as specified in the published fee schedule; and

• Any other fees: as published on the Platform from time to time in accordance with clause 6.8.
  
  

All fees are earned by Ethical Hire upon the confirmation of a Booking or the provision of the relevant service, and are non-refundable except as expressly provided in these Terms or required by applicable law. Users acknowledge that Ethical Hire’s service fee is consideration for access to the Platform and its associated services, and is not contingent upon the successful delivery of any Services by a Worker or Provider.

 

6.2 GST and Taxation

6.2.1 GST

All fees and charges payable to Ethical Hire under these Terms are inclusive of GST unless expressly stated otherwise. Where GST is applicable, Ethical Hire will issue a valid tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.2.2 Worker and Provider Tax Obligations

Each Worker and Provider is solely responsible for:

• determining and managing their own GST registration obligations in accordance with applicable law, including registering for GST where their annual turnover meets or exceeds the applicable threshold;

• issuing valid tax invoices to Ethical Hire or to the relevant Client, Provider, or Participant as required by applicable law;

• reporting and remitting all applicable taxes, including GST, income tax, and any applicable levies, in connection with amounts received through the Platform; and

• maintaining accurate records of all transactions processed through the Platform for taxation purposes.
  
  

Ethical Hire does not provide tax advice and makes no representation as to the tax treatment of any payment processed through the Platform. Each User is strongly encouraged to obtain independent tax advice in connection with their use of the Platform.

 

6.3 NDIS Billing and Compliance

6.3.1 Participant Responsibilities

Where Services are funded wholly or partially through a Participant’s NDIS plan, the Participant – and where applicable their plan manager or nominee – is solely responsible for ensuring that:

• all Services requested and booked through the Platform are within the scope of the Participant’s current approved NDIS plan and fall within an approved support category;

• all pricing for NDIS-funded Services complies with the NDIS Pricing Arrangements and Price Limits as published by the NDIA from time to time, including applicable loading rates for evenings, weekends, and public holidays;

• all claims submitted to the NDIA through or in connection with the Platform accurately reflect Services actually delivered, at the correct rate, on the correct date, and by a Worker with the applicable qualifications and registrations;

• any cancellation claims are made strictly in accordance with the NDIS short notice cancellation rules applicable at the time of cancellation; and

• the Participant’s NDIS plan has sufficient funds in the relevant support category to meet the cost of the Booking prior to confirmation.
  
  

6.3.2 Ethical Hire’s Limited Role in NDIS Billing

Ethical Hire provides billing tools and integrations to assist with NDIS claiming as a facilitation service only. Ethical Hire does not accept responsibility for, and expressly excludes liability in connection with:

• NDIS claim rejections, reversals, or audit findings arising from a Participant’s, plan manager’s, or Provider’s failure to comply with NDIS billing rules;

• overpayments, underpayments, or misallocation of NDIS funds arising from inaccurate information provided by any User;

• the suspension, cancellation, or review of a Participant’s NDIS plan by the NDIA or NDIS Commission; and

• any financial loss arising from a Participant exhausting their NDIS plan funds prior to the end of their plan period.
  
  

6.3.3 Non-Compliant NDIS Claims

Ethical Hire reserves the right to withhold, reverse, or decline to process any payment that it reasonably suspects to be non-compliant with the NDIS Pricing Arrangements, the National Disability Insurance Scheme Act 2013 (Cth), or any applicable NDIS Practice Standard. Ethical Hire further reserves the right to report any suspected fraudulent, non-compliant, or irregular NDIS claiming to the NDIS Commission, the NDIA, or any other relevant authority, without prior notice to the relevant User.

6.4 Aged Care Billing and Compliance

Where Services are funded wholly or partially through a Commonwealth Home Support Programme (CHSP) subsidy, Home Care Package (HCP), or any other government-funded aged care program, the Client, Provider, or Participant is solely responsible for ensuring that all billing, claiming, and payment arrangements comply with the applicable aged care funding rules, program guidelines, and the Aged Care Act 1997 (Cth).

Ethical Hire accepts no liability for any claim rejection, funding clawback, audit finding, or compliance action arising from a User’s failure to comply with applicable aged care billing requirements. Ethical Hire reserves the right to withhold or reverse any payment it reasonably suspects to be non-compliant with applicable aged care funding rules and to report suspected non-compliance to the Aged Care Quality and Safety Commission.

6.5 Payment Terms

All payments are due and payable in accordance with the payment terms published on the Platform. Unless otherwise specified:

• Client, Provider, and Participant payments are due at the time of Booking confirmation or as otherwise specified in the published payment terms;

• Worker disbursements will be processed within 14 business days of the relevant Booking being marked as completed on the Platform, subject to receipt of cleared funds and the Worker’s account being in good standing; and

• subscription and access fees are payable in advance for the applicable subscription period and are non-refundable upon early termination except as required by law.
  
  

All amounts are expressed in Australian dollars and must be paid in Australian dollars through the Platform’s approved payment system.

 

6.6 Failed Payments and Debt Recovery

In the event of a failed, declined, or reversed payment:

• Ethical Hire will notify the relevant User and may retry the payment using stored payment details within [X] business days;

• access to the Platform, including the ability to create new Bookings, may be suspended immediately pending resolution of the outstanding amount;

• Ethical Hire reserves the right to set off any outstanding amount against any funds held in the User’s Platform account or any amount otherwise payable to the User;

• amounts outstanding beyond [X] days from the date of the original payment due date will incur a late payment fee of [X]% per month calculated on the outstanding balance, which the parties acknowledge is a genuine pre-estimate of Ethical Hire’s loss and not a penalty;

• amounts outstanding beyond [X] days may be referred to a third-party debt collection agency or external legal counsel, and the User will be liable for all reasonable collection costs, legal costs on a full indemnity basis, and any applicable court filing fees; and

• Ethical Hire reserves the right to report persistent non-payment to relevant credit reporting bodies in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

 

6.7 Refunds and Disputes

Ethical Hire’s service fees are non-refundable once earned, except as expressly required by the Australian Consumer Law(Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or as otherwise determined by Ethical Hire in its absolute discretion.

Where a User disputes a charge processed through the Platform, the User must:

• raise the dispute through the Platform’s designated dispute resolution process within [X] days of the disputed transaction date;

• provide full details of the disputed transaction, including the Booking reference, amount, date, and grounds for dispute; and

• cooperate with Ethical Hire’s reasonable requests for information in connection with the investigation of the dispute.
  
  

Failure to raise a dispute within the specified timeframe constitutes acceptance of the charge. Ethical Hire will investigate all disputes in good faith and will notify the relevant User of its determination within [X] business days of receiving all required information. Ethical Hire’s determination of a billing dispute is final and binding, subject to any rights the User may have under applicable law.

Chargebacks initiated through a User’s financial institution without first raising a dispute through the Platform constitute a breach of these Terms. Ethical Hire reserves the right to suspend or terminate the account of any User who initiates a chargeback without first exhausting the Platform’s dispute resolution process, and to recover all reasonable costs associated with responding to the chargeback.

 

6.8 Fee Changes

Ethical Hire reserves the right to modify its fee structure, including service fees, subscription fees, loading rates, and any other charges, at any time. Users will be given no less than 30 days written notice of any increase to fees via the email address registered to their account or through an in-Platform notification.

Continued use of the Platform following expiry of the notice period constitutes acceptance of the revised fee structure. Where a User does not accept a fee change, they must cease using the Platform and deactivate their account prior to the expiry of the notice period. Deactivation of an account in response to a fee change does not entitle the User to a refund of any fees already paid, except as required by applicable law.

For the avoidance of doubt, fee changes do not apply retrospectively to confirmed Bookings — the fee applicable at the time of Booking confirmation will apply to that Booking regardless of any subsequent fee change.

7. Worker Compliance Requirements

Ethical Hire maintains a compliance framework designed to support Workers in meeting the standards required by applicable law, the NDIS Commission, the Aged Care Quality and Safety Commission, AHPRA, and relevant state and territory regulatory bodies. However, each Worker is solely and personally responsible for obtaining, maintaining, renewing, and ensuring the ongoing currency of all required Compliance Documentation. Ethical Hire’s compliance framework is a facilitation tool only – it does not constitute verification of a Worker’s compliance unless expressly confirmed through Ethical Hire’s optional paid verification service, and does not transfer any compliance obligation from the Worker to Ethical Hire.

Workers acknowledge that failure to hold, maintain, or accurately disclose Compliance Documentation:

• constitutes a material breach of these Terms;

• may expose the Client, Provider, or Participant engaging the Worker to regulatory and legal liability; and

• may result in immediate suspension or permanent termination of the Worker’s account without notice and without liability to Ethical Hire.

 

7.1 Participant and Client Acknowledgement

All Participants, Clients, and Providers acknowledge that:

• Workers are required to obtain, maintain, and upload evidence of current and valid Compliance Documentation before being approved to deliver Services through the Platform;

• Ethical Hire does not independently verify the authenticity, accuracy, or currency of Compliance Documentation uploaded by Workers unless the Worker holds a verified account obtained through Ethical Hire’s optional paid verification service;

• it is the sole responsibility of the engaging Participant, Client, or Provider to satisfy themselves as to the currency and adequacy of a Worker’s Compliance Documentation prior to engaging that Worker for any Booking; and

• the display of Compliance Documentation on a Worker’s profile does not constitute a warranty or representation by Ethical Hire that the documentation is current, authentic, or sufficient for the specific Services being engaged.
  
  

Ethical Hire reserves the right to update compliance requirements at any time to reflect changes in legislation, regulatory guidance, NDIS Practice Standards, aged care quality standards, or Platform policy. Workers will be given reasonable notice of any material changes to compliance requirements, and failure to meet updated requirements within the specified timeframe constitutes a material breach of these Terms.

 

7.2 Identity and Right to Work

Prior to activation of their account and at all times during their use of the Platform, each Worker must hold and maintain:

7.2.1 Identity Verification

• a minimum of 100 points of verified identity documentation, which must include at least one primary photographic identity document such as a current Australian passport, current foreign passport with valid Australian visa, or current Australian driver’s licence; and

• any additional identity documentation required by Ethical Hire’s published compliance policies, the NDIS Commission, or the Aged Care Quality and Safety Commission from time to time.
  
  

7.2.2 Right to Work

• a current, valid, and unrestricted right to work in Australia for the full duration of their engagement on the Platform;

• where the Worker holds a visa, current and valid visa documentation permitting work in Australia, including any applicable work hour restrictions, which the Worker warrants they will not exceed in connection with their use of the Platform; and

• immediate written notification to Ethical Hire within 24 hours upon any change to, restriction on, cancellation of, or condition imposed upon their right to work in Australia.
  
  

Workers acknowledge that engaging in work through the Platform in breach of their visa conditions constitutes a serious criminal offence under the Migration Act 1958 (Cth) and agree to indemnify Ethical Hire for any loss, cost, penalty, or liability suffered by Ethical Hire as a result of the Worker’s breach of applicable migration law.

7.2.3 National Police Check

• a current National Police Check issued by an Australian Criminal Intelligence Commission (ACIC) accredited agency within the preceding twelve (12) months, or within such shorter period as required by applicable law, the NDIS Commission, the Aged Care Quality and Safety Commission, or Ethical Hire’s published compliance policies; and

• immediate notification to Ethical Hire upon becoming aware of any charge, conviction, finding of guilt, or pending criminal proceeding that would or may affect the Worker’s suitability to deliver Services to vulnerable persons.
  
  

Workers acknowledge that certain criminal history disclosures may result in the suspension or termination of their account, and that Ethical Hire’s obligation to protect the safety of Participants and Clients takes precedence over any commercial interest of the Worker in maintaining Platform access.

 

7.3 Regulatory Screening

Prior to activation of their account and at all times during their use of the Platform, each Worker must hold and maintain:

7.3.1 NDIS Worker Screening Check

• a current NDIS Worker Screening Check clearance issued under the NDIS (Worker Screening) Act 2020 (Cth) and applicable state or territory legislation, where the Worker intends to deliver NDIS-funded supports or work with NDIS participants; and

• immediate notification to Ethical Hire upon any change to, suspension of, or withdrawal of their NDIS Worker Screening Check clearance.
  
  

Workers acknowledge that delivering NDIS-funded supports without a current and valid NDIS Worker Screening Check clearance is an offence under the National Disability Insurance Scheme Act 2013 (Cth) and applicable state and territory legislation, and that Ethical Hire is required by law to prevent Workers without a valid clearance from delivering NDIS-funded supports through the Platform.

7.3.2 Working with Children Check

• a current and valid Working with Children Check (WWCC) issued under applicable state or territory legislation where the Worker’s services involve or may involve contact with children or young persons under the age of 18; and

• immediate notification to Ethical Hire upon any change to, suspension of, cancellation of, or condition imposed upon their WWCC.
  
  

7.3.3 NDIS Worker Orientation Modules

• completion of all mandatory NDIS Worker Orientation Modules as prescribed by the NDIS Commission from time to time, currently comprising the following four modules:
  • Quality, Safety and You
  • A Worker’s Guide to Supporting People with Disability
  • Supporting Effective Communication
  • Supporting Enjoyable meals
  •  
  •  

 

Completion certificates for all mandatory modules must be uploaded to the Worker’s profile prior to account activation and updated upon completion of any revised or additional modules required by the NDIS Commission.

 

7.3.4 Aged Care Screening

Where a Worker intends to deliver aged care services through the Platform, the Worker must additionally hold all screening clearances required under the Aged Care Act 1997 (Cth), applicable Aged Care Quality Standards, and any screening requirements imposed by the Aged Care Quality and Safety Commission from time to time, including any mandatory reporting obligations applicable to aged care workers.

 

7.4 Qualifications, Registrations, and Training

Prior to activation of their account and at all times during their use of the Platform, each Worker must hold and maintain:

7.4.1 Professional Qualifications and Registrations

• all qualifications, registrations, licences, and certifications required by law to perform the specific services offered through the Platform, including without limitation:
  • current AHPRA registration for all nurses, allied health professionals, and other health practitioners required to be registered under the Health Practitioner Regulation National Law;
  • any specialist endorsements, conditions, or notations on an AHPRA registration that are relevant to the services offered; and
  • any qualification or certification required under applicable state or territory law for the delivery of specific support or care services;
• immediate notification to Ethical Hire within 24 hours upon any change to, condition imposed upon, suspension of, or cancellation of any professional registration, licence, or qualification; and
• compliance with all continuing professional development requirements associated with their professional registration throughout the duration of their engagement on the Platform.

 

7.4.2 First Aid and CPR

• a current First Aid certificate (HLTAID011 Provide First Aid, or equivalent as updated from time to time) issued within the preceding three (3) years; and
• a current CPR certificate (HLTAID009 Provide Cardiopulmonary Resuscitation, or equivalent as updated from time to time) issued within the preceding twelve (12) months.

 

7.4.3 Mandatory Training

• completion of approved Infection Prevention and Control training in accordance with the requirements of the relevant regulatory body applicable to the services offered;
• completion of approved Manual Handling and Safe Mobilisation training relevant to the specific Services offered, including any equipment-specific training required for the use of mobility aids, hoists, or other assistive devices; and
• any additional mandatory training required by the NDIS Commission, the Aged Care Quality and Safety Commission, AHPRA, or Ethical Hire’s published compliance policies from time to time.
  
  

Workers acknowledge that training completion certificates must be uploaded to their Platform profile and kept current at all times. Ethical Hire reserves the right to suspend a Worker’s account where any mandatory training certificate expires and is not renewed within a reasonable timeframe specified by Ethical Hire.

7.5 Insurance Requirements

Prior to activation of their account and at all times during their use of the Platform, each Worker must hold and maintain:

7.5.1 Professional Indemnity Insurance

• current professional indemnity insurance at a minimum coverage level of $[X] million per claim and $[X] million in aggregate per year, or such higher amount as required by applicable law, AHPRA registration standards, the NDIS Commission, or Ethical Hire’s published compliance policies; and
• where the Worker is required to hold professional indemnity insurance as a condition of their AHPRA registration, evidence that the insurance held meets the applicable AHPRA registration standard.
  
  

7.5.2 Public Liability Insurance

• current public liability insurance at a minimum coverage level of $10 million per claim, or such higher amount as required by applicable law or Ethical Hire’s published compliance policies.
  
  

7.5.3 Personal Accident and Income Protection Insurance

• Workers are strongly encouraged to hold current personal accident insurance and income protection insurance adequate to cover loss of income arising from a workplace injury; and
• Workers acknowledge that Ethical Hire does not provide workers compensation coverage and that the Worker is solely responsible for ensuring adequate personal insurance coverage in connection with their work through the Platform.
  
  

Workers must upload current certificates of currency for all required insurance policies to their Platform profile and must notify Ethical Hire immediately upon any cancellation, lapse, or material change to their insurance coverage.

 

7.6 Transport Requirements

Where a Worker intends to provide community access, transport-related services or use a personal vehicle in connection with the delivery of Services through the Platform, the Worker must hold and maintain:

• a current, valid, and unrestricted Australian driver’s licence appropriate for the class of vehicle operated, with no conditions that would affect the Worker’s ability to safely transport Participants or Clients;
• current registration for any vehicle used in connection with the delivery of Services;
• current comprehensive motor vehicle insurance or, at minimum, compulsory third party insurance for any vehicle used in connection with the delivery of Services, with the Worker’s use of the vehicle for paid work purposes disclosed to and accepted by the insurer; and
• where transporting NDIS participants or aged care clients, any additional vehicle standards, modifications, or certifications required by applicable law or the relevant funding body.
  
  

Workers acknowledge that failure to disclose paid work use to their motor vehicle insurer may void their insurance coverage entirely, and that any uninsured liability arising from a vehicle incident in connection with Services arranged through the Platform is the sole responsibility of the Worker. Ethical Hire accepts no liability for any loss, damage, injury, or death arising from a vehicle incident in connection with the delivery of Services.

 

7.7 Ongoing Compliance Obligations

Compliance with all requirements under this clause is a continuous obligation throughout the duration of a Worker’s registration on the Platform. Each Worker must:

• ensure that all Compliance Documentation uploaded to their Platform profile is current, accurate, and not misleading at all times;
• proactively renew all checks, clearances, registrations, qualifications, insurance policies, and training certificates prior to their expiry date;
• notify Ethical Hire in writing within 24 hours of becoming aware of:
  • the expiry, suspension, cancellation, lapsing, or imposition of conditions on any required check, clearance, registration, qualification, or insurance policy;
  • any investigation, disciplinary proceeding, adverse finding, or criminal charge by any regulatory body, professional body, employer, or law enforcement authority that may affect the Worker’s suitability to deliver Services; or
  • any change in circumstances that affects the Worker’s eligibility to remain registered on the Platform or to deliver any category of Services;
• cooperate fully with any compliance audit, verification request, or investigation conducted by Ethical Hire, a regulatory body, or law enforcement authority; and
• immediately cease delivering any category of Services through the Platform upon becoming aware that a required check, clearance, registration, or qualification for that category of Services has expired, been suspended, or been cancelled.
  
  

Failure to comply with any obligation in this clause constitutes a material breach of these Terms and may result in immediate suspension or permanent termination of the Worker’s account, referral to relevant regulatory authorities, and recovery of any loss suffered by Ethical Hire as a result of the breach.

 

7.8 Compliance Representations at Each Login

By logging into the Platform, each Worker represents and warrants to Ethical Hire that:

• all Compliance Documentation uploaded to their profile is current, authentic, and accurate as at the date of login;
• they hold all checks, clearances, registrations, qualifications, insurance policies, and training certificates required under this clause and applicable law;
• no investigation, disciplinary proceeding, adverse finding, suspension, or cancellation has occurred since their last login that has not been disclosed to Ethical Hire; and
• they are legally entitled to deliver the categories of Services listed in their profile as at the date of login.
  
  

Each login representation is a continuing warranty for the duration of each session. Breach of any login representation constitutes a material breach of these Terms and may result in immediate account suspension, termination, and referral to relevant regulatory authorities.

 

7.9 Ethical Hire’s Rights Upon Non-Compliance

Upon becoming aware of, or reasonably suspecting, any non-compliance with this clause, Ethical Hire reserves the right to:

• immediately suspend the Worker’s account and remove the Worker’s profile from active search results and matching;
• cancel any active or pending Bookings associated with the Worker’s account;
• notify relevant Clients, Providers, and Participants of the suspension where Ethical Hire considers it necessary to protect their safety or interests;
• refer the matter to the NDIS Commission, AHPRA, the Aged Care Quality and Safety Commission, the Department of Home Affairs, or any other relevant regulatory or law enforcement authority; and
• pursue recovery of any loss, cost, or liability suffered by Ethical Hire as a result of the Worker’s non-compliance, including legal costs on a full indemnity basis.
  
  

Ethical Hire’s exercise of any right under this clause does not require prior notice to the Worker and does not give rise to any liability to the Worker for loss of income, reputational harm, or any other loss arising from the suspension or termination of their account.

 

8. Work Health & Safety (WHS) & Participant Safety Obligations

Ethical Hire is committed to supporting a culture of safety across the Platform. However, as an intermediary digital marketplace, Ethical Hire does not control the environments in which Services are delivered, the conduct of Workers or Participants during service delivery, or the physical conditions of any premises at which Services are performed. The obligations in this clause exist to clearly allocate safety responsibilities between the relevant parties and to ensure that all Users understand and accept their obligations under applicable WHS legislation, the NDIS Practice Standards, the Aged Care Quality Standards, and any other applicable regulatory framework.

Nothing in this clause constitutes Ethical Hire as a PCBU with responsibility for the workplace environment in which Services are delivered, nor does it create any duty of care on the part of Ethical Hire in respect of the safety of any Worker, Participant, Client, Provider, or third party at a service location. To the extent Ethical Hire is considered a PCBU under applicable WHS legislation, its duty is limited strictly to ensuring, so far as is reasonably practicable, that the Platform itself does not create or contribute to risks to health and safety through its design, functionality, or work allocation systems, as set out in clause 2.3.

8.1 Safe Environment Obligations — Clients, Providers, and Participants

Clients, Providers, and Participants are solely responsible for providing and maintaining a safe, clean, accessible, and hazard-free environment for Workers delivering Services at any premises or location under their control or management, in accordance with the Work Health and Safety Act 2011 (Cth) and applicable state and territory WHS legislation.

This obligation includes ensuring:

• clear, unobstructed, and safe physical access to and egress from the premises or service location, including access for Workers carrying equipment;
• appropriate hygiene, sanitation, and infection control standards are maintained at all times, including provision of personal protective equipment (PPE) where required by applicable health guidelines or the nature of the Services;
• all animals and pets on the premises are safely managed, secured, and do not pose a risk to Workers at any time during service delivery;
• Workers are not exposed to violence, threatening behaviour, intimidation, abuse, harassment, bullying, or any other conduct that constitutes a risk to the Worker’s physical or psychological safety;
• Workers are not exposed to illicit substances, hazardous materials, unsafe chemicals, or smoking within the service environment during service delivery;
• all areas in which support activities are performed are maintained in a reasonably safe, functional, and appropriately lit condition; and
• any known hazard, risk, or unsafe condition at the service location is disclosed to the Worker prior to the commencement of the Booking and remediated as soon as practicable.

Clients, Providers, and Participants acknowledge that their obligation to maintain a safe working environment for Workers is a non-delegable duty under applicable WHS legislation and cannot be transferred to Ethical Hire by agreement or otherwise. Breach of this obligation may constitute an offence under applicable WHS legislation and, in addition to any regulatory consequence, constitutes a material breach of these Terms entitling Ethical Hire to immediately suspend or terminate the relevant account.

 

8.2 Worker WHS Obligations

Workers carry concurrent obligations under applicable WHS legislation and these Terms to:

• take all reasonable care for their own health and safety and the health and safety of any person who may be affected by their acts or omissions during service delivery;
• comply with all reasonable safety instructions, policies, and procedures communicated by the Client, Provider, or Participant at the service location;
• use all equipment, personal protective equipment, and assistive devices in the manner for which they were designed and in accordance with any applicable training;
• not carry out or continue to carry out work that the Worker reasonably believes would expose them or any other person to a serious risk to their health or safety emanating from an immediate or imminent hazard;
• report any unsafe condition, hazard, near miss, or incident to the Client, Provider, or Participant and to Ethical Hire through the Platform’s incident reporting function as soon as practicable and in any event within 24 hours; and
• not attend a service location while under the influence of alcohol, illicit substances, or any medication that impairs the Worker’s ability to safely deliver Services.

Workers acknowledge that their WHS obligations cannot be transferred or delegated to Ethical Hire and that they remain personally responsible for compliance with applicable WHS legislation in connection with the delivery of Services.

 

8.3 Mandatory Pre-Booking Disclosure of Risks and Support Requirements

Prior to the confirmation of any Booking, and on an ongoing basis throughout the duration of any service arrangement, Clients, Providers, and Participants must disclose to Ethical Hire through the Platform and directly to the assigned Worker all information that may reasonably affect the health, safety, welfare, or suitability of a Worker to deliver the requested Services.

Required disclosures include, without limitation:

8.3.1 Health and Clinical Information

• all medical conditions, diagnoses, health needs, and clinical requirements relevant to the delivery of Services, including any conditions that may affect the Worker’s approach to care or require specific clinical skills or training;
• infection risks, communicable illnesses, active health alerts, or known exposure to notifiable diseases; and
• current medication management requirements and any associated risks.
  
  

8.3.2 Behavioural and Risk Information

• behavioural risks, complex behaviours of concern, known triggers, or de-escalation strategies relevant to the Participant or Client;
• known or reasonably foreseeable risks of aggression, violence, self-harm, or harm to others, including any history of such behaviour;
• current NDIS Positive Behaviour Support (PBS) Plans and any associated Worker obligations and reporting requirements; and
• all approved restrictive practices applicable to the Participant, including current authorisation documentation and the identity of the relevant authorising body.
  
  

8.3.3 Physical and Mobility Requirements

• mobility limitations, transfer requirements, postural support needs, and manual handling requirements relevant to the delivery of Services;
• equipment required for safe transfers, including the type, model, and current service status of any hoist, sling, wheelchair, or mobility aid to be used; and
• any specific physical requirements or precautions relevant to the service location or the delivery of Services.
  
  

8.3.4 Environmental and Situational Risks

• any known hazard, unsafe condition, or risk present at the service location, including structural hazards, unsafe access, the presence of hazardous substances, or any other environmental risk; and
• any other known circumstance, condition, or risk that a reasonable Worker would consider material to their decision to accept or deliver the Booking.
  
  

The disclosure obligation in this clause is ongoing. Clients, Providers, and Participants must immediately notify the assigned Worker and Ethical Hire through the Platform upon becoming aware of any change in circumstances that creates a new or increased risk after a Booking has been confirmed.

Failure to make required disclosures prior to or during a Booking constitutes a serious and material breach of these Terms, may constitute an offence under applicable WHS legislation, and may result in:

• immediate suspension or permanent termination of the relevant account;
• referral to the NDIS Commission, the Aged Care Quality and Safety Commission, or relevant WHS regulator; and
• the Client, Provider, or Participant being held solely liable for any loss, injury, or damage suffered by a Worker or third party arising from the undisclosed risk.

 

8.4 Equipment and Vehicle Safety

8.4.1 Client and Provider Supplied Equipment

Where a Client, Provider, or Participant supplies equipment for use by a Worker in connection with the delivery of Services, all such equipment must:

• be in a safe, clean, and fully functional condition prior to and throughout each use;
• comply with all applicable Australian Standards, manufacturer specifications, and regulatory requirements;
• be regularly serviced, maintained, and certified in accordance with the manufacturer’s recommendations and applicable regulatory requirements, with current service records available for inspection upon request; and
• be accompanied by any relevant operating instructions, training materials, or safety information required for safe use.
  
  

This obligation applies to, without limitation: hoists, slings, and lifting equipment; wheelchairs, mobility aids, and postural support devices; modified vehicles and passenger restraint systems; medical and clinical equipment; and all other assistive technology or equipment used in connection with the delivery of Services.

8.4.2 Worker’s Right to Refuse Unsafe Equipment

Workers are not obligated to use any equipment they reasonably consider to be unsafe, inadequately maintained, or unsuitable for the intended purpose. A Worker’s reasonable refusal to use unsafe equipment does not constitute a breach of these Terms or the relevant Booking agreement. Workers must report any equipment safety concern to the Client, Provider, or Participant and to Ethical Hire through the Platform’s incident reporting function as soon as practicable.

8.4.3 Vehicle Safety

Where a Client, Provider, or Participant supplies a vehicle for use by a Worker in connection with the delivery of Services, that vehicle must hold current registration, current comprehensive motor vehicle insurance with Worker use disclosed to the insurer. 

 

8.5 Psychological Safety and Duty of Care

All Users have an obligation to maintain the psychological safety of Workers and Participants throughout the delivery of Services. No User may:

• subject any Worker to verbal abuse, threats, intimidation, harassment, bullying, or any other conduct that constitutes a risk to psychological safety;
• subject any Participant or Client to conduct that constitutes abuse, neglect, exploitation, or any form of reportable conduct under applicable law; or
• engage in any conduct that creates a hostile, unsafe, or demeaning environment for any other User.
  
  

Workers who experience conduct that poses a risk to their psychological safety during a Booking are entitled to immediately cease service delivery and leave the service location without breach of these Terms, provided they notify Ethical Hire through the Platform as soon as practicable. Ethical Hire will not penalise any Worker for exercising this right in good faith.

Clients, Providers, and Participants who are subject to conduct by a Worker that constitutes abuse, neglect, exploitation, or a breach of applicable professional standards must report the conduct to Ethical Hire through the Platform’s incident reporting function immediately, and to relevant regulatory authorities as required by applicable law.

 

8.6 Incident Reporting Obligations

All Users must report any workplace incident, near miss, injury, illness, safety concern, or potential breach of applicable WHS legislation arising in connection with Services arranged through the Platform to Ethical Hire through the Platform’s designated incident reporting function within 24 hours of the incident occurring.

In addition to reporting to Ethical Hire, Users must independently comply with all applicable mandatory incident reporting obligations, including:

• notification to the relevant state or territory WHS regulator of any notifiable incident as defined under applicable WHS legislation, including any incident involving the death of a person, a serious injury or illness, or a dangerous incident;
• notification to the NDIS Commission of any reportable incident as defined under the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018, including any incident involving abuse, neglect, unlawful sexual or physical contact, use of a restrictive practice, or the death of an NDIS participant;
• notification to the Aged Care Quality and Safety Commission of any reportable incident as defined under the Aged Care Act 1997 (Cth) and applicable aged care legislation; and
• notification to AHPRA of any incident that may affect a registered health practitioner’s fitness to practise.

Users acknowledge that Ethical Hire’s incident reporting function does not satisfy any mandatory regulatory reporting obligation and that each User is independently responsible for ensuring compliance with all applicable reporting requirements.

8.6.1 Ethical Hire’s Response to Reported Incidents

Upon receipt of an incident report, Ethical Hire may at its absolute discretion:

• immediately suspend the accounts of all relevant parties pending investigation;
• conduct an internal investigation and request additional information from relevant parties;
• implement interim safety measures, including removing a Worker’s profile from active search and matching;
• refer the matter to the NDIS Commission, the Aged Care Quality and Safety Commission, the relevant WHS regulator, AHPRA, or law enforcement as required by law or as Ethical Hire considers appropriate; and
• take such further action as Ethical Hire considers necessary to protect the safety of Users and the integrity of the Platform.

Ethical Hire’s response to a reported incident does not constitute an assumption of liability for the incident, an admission that any obligation of Ethical Hire was breached, or a warranty that the matter will be resolved to any particular outcome.

 

8.7 Mandatory Reporting — Child Safety and Vulnerable Persons

All Workers delivering Services to children, young persons, or other vulnerable persons through the Platform must comply with all applicable mandatory reporting obligations under state and territory child protection legislation, including the obligation to report a reasonable belief that a child is at risk of significant harm to the relevant child protection authority.

Workers acknowledge that mandatory reporting obligations exist independently of these Terms, cannot be waived or excluded by agreement, and are not subject to any confidentiality obligation that may otherwise apply under these Terms or any service agreement.

Ethical Hire reserves the right to immediately report any information suggesting that a child or vulnerable person is at risk of harm to the relevant child protection authority or law enforcement, without prior notice to any User and without liability for doing so.

 

8.8 Ethical Hire’s Limited Safety Role

For the avoidance of doubt and in addition to clause 2.3, Ethical Hire:

• does not attend, supervise, monitor, or oversee the delivery of any Services at any service location;
• does not warrant or guarantee that any service environment meets applicable WHS standards;
• does not warrant or guarantee that any Worker is physically or psychologically fit to deliver Services on any given day;
• is not responsible for any injury, illness, death, or psychological harm suffered by any Worker, Participant, Client, Provider, or third party in connection with the delivery of Services; and
• is not a co-employer, labour hire provider, or host employer for the purposes of any WHS, workers compensation, or employment legislation.

Nothing in this clause creates any duty of care, obligation, or liability on the part of Ethical Hire in respect of the safety of any person at a service location, and nothing in this clause shall be construed as a representation or warranty by Ethical Hire that the Platform or its compliance framework ensures the safety of any User.

9. NDIS & Aged Care Compliance

All Users delivering, arranging, or facilitating Services in connection with NDIS-funded supports or government-funded aged care programs are subject to significant regulatory obligations that exist independently of these Terms and cannot be modified, waived, or excluded by agreement. The obligations in this clause are in addition to, and do not limit, any obligation imposed by applicable law, regulatory instrument, or professional standard.

Ethical Hire’s role in connection with NDIS and aged care compliance is limited to providing a platform that supports Users in meeting their own regulatory obligations. Ethical Hire is not a registered NDIS provider, does not deliver NDIS-funded supports, and does not hold aged care accreditation. Ethical Hire is not responsible for the regulatory compliance of any Worker, Provider, Participant, or Client, and accepts no liability for any regulatory investigation, finding, penalty, or sanction arising from a User’s failure to comply with applicable NDIS or aged care obligations.

 

9.1 NDIS Code of Conduct

All Users delivering or facilitating NDIS-funded supports through the Platform must comply with the NDIS Code of Conduct as established under the National Disability Insurance Scheme Act 2013 (Cth) and the NDIS (Code of Conduct) Rules 2018 at all times. The NDIS Code of Conduct requires all persons delivering NDIS supports to:

• act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with applicable laws and the person’s will and preferences;

• respect the privacy of people with disability in accordance with applicable privacy laws and the NDIS Privacy Principles;

• provide supports and services in a safe and competent manner, with care and skill, and in accordance with the Worker’s qualifications, experience, and any applicable professional standards;

• act with integrity, honesty, and transparency in all dealings with NDIS participants and their representatives;

• promptly raise and act on any concern about matters that may affect the quality and safety of supports provided to an NDIS participant, including reporting concerns to the NDIS Commission where required; and

• take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse affecting people with disability.
  
  

Workers and Providers acknowledge that the NDIS Code of Conduct applies to all persons who deliver NDIS supports, whether or not they are employees of a registered NDIS provider, and that compliance with the Code of Conduct is a personal, non-delegable obligation that cannot be transferred to Ethical Hire.

Breach of the NDIS Code of Conduct constitutes a material breach of these Terms. Ethical Hire reserves the right to immediately suspend or terminate the account of any User found or reasonably suspected to have breached the NDIS Code of Conduct and to refer the matter to the NDIS Commission without prior notice.

 

9.2 NDIS Practice Standards

Where a Provider accessing the Platform is a registered NDIS provider, that Provider must comply with the NDIS Practice Standards applicable to its registration category as published and amended by the NDIS Commission from time to time, including without limitation:

• the Core Module of the NDIS Practice Standards, covering rights and responsibilities, governance and operational management, the provision of supports, and the support provision environment;

• the Module on High Intensity Daily Personal Activities where the Provider delivers high intensity supports;

• the Module on Specialist Behaviour Support where the Provider delivers behaviour support services; and

• any other Module applicable to the Provider’s registration category and the supports delivered through the Platform.
  
  

Registered NDIS Providers must ensure that all Workers engaged through the Platform to deliver NDIS-funded supports on their behalf satisfy all applicable NDIS Practice Standard requirements, including worker screening, qualifications, and training obligations.

Engagement of a Worker through the Platform does not relieve a registered NDIS Provider of its obligations under the NDIS Practice Standards, and the registered NDIS Provider remains solely responsible for the quality and safety of supports delivered under its registration.

 

9.3 NDIS Reportable Incidents

All Users must comply with their obligations under the NDIS (Incident Management and Reportable Incidents) Rules 2018 and any applicable NDIS Commission guidelines in connection with incident management and reportable incident notification.

9.3.1 Definition of Reportable Incidents

Reportable incidents under the NDIS framework include, without limitation:

• the death of a person with disability in connection with the delivery of NDIS supports;

• serious injury of a person with disability in connection with the delivery of NDIS supports;

• abuse or neglect of a person with disability, including physical, psychological, financial, and sexual abuse;

• unlawful physical or sexual contact with, or assault of, a person with disability;

• sexual misconduct committed against, or in the presence of, a person with disability, including grooming behaviour;

• the use of a restrictive practice in relation to a person with disability that is not authorised under applicable state or territory law or that is not included in an approved behaviour support plan; and

• any other incident prescribed as a reportable incident under applicable NDIS rules or NDIS Commission guidelines from time to time.
  
  

9.3.2 Reporting Obligations and Timeframes

All registered NDIS Providers must report all reportable incidents to the NDIS Commission within the prescribed timeframes under applicable rules, currently:

• within 24 hours for incidents involving the death of a person with disability or the unauthorised use of a restrictive practice; and

• within 5 business days for all other reportable incidents.
  
  

Unregistered Workers and Providers delivering supports to NDIS participants must notify Ethical Hire through the Platform’s incident reporting function within 24 hours of becoming aware of any reportable incident, and must cooperate fully with any investigation conducted by Ethical Hire, the NDIS Commission, or any other relevant authority.

Users acknowledge that notification to Ethical Hire does not satisfy any mandatory reporting obligation to the NDIS Commission and that each registered NDIS Provider is independently responsible for compliance with all applicable reportable incident notification obligations.

9.3.3 Incident Management Systems

Registered NDIS Providers using the Platform must maintain a compliant incident management system in accordance with the NDIS Practice Standards and the NDIS (Incident Management and Reportable Incidents) Rules 2018, independent of any incident reporting functionality provided by the Platform. Ethical Hire’s incident reporting function is a facilitation tool only and does not constitute a compliant incident management system for the purposes of the NDIS Practice Standards.

 

9.4 Behaviour Support and Restrictive Practices

All Users involved in the delivery of supports to NDIS participants who have an approved behaviour support plan or for whom restrictive practices have been authorised must:

• ensure that any Worker delivering supports has been provided with a copy of the current behaviour support plan and has received adequate training in implementing the plan prior to commencing any Booking;

• ensure that only authorised restrictive practices are implemented, in strict accordance with the authorisation documentation and applicable state or territory legislative requirements;

• ensure that all incidents involving the use of a restrictive practice are reported to the NDIS Commission in accordance with the timeframes prescribed under applicable rules;

• not implement any unauthorised restrictive practice under any circumstances; and

• ensure that any behaviour support practitioner engaged in connection with NDIS supports delivered through the Platform holds the qualifications and registration required by the NDIS Commission.
  
  

Ethical Hire accepts no liability for any harm, regulatory finding, or penalty arising from the implementation or failure to implement any behaviour support plan or restrictive practice in connection with Services delivered through the Platform.

The obligation to ensure safe and authorised behaviour support rests solely with the registered NDIS Provider, the behaviour support practitioner, and the Worker delivering supports.

 

9.5 Aged Care Compliance

9.5.1 Applicable Legislation and Standards

Workers and Providers delivering aged care services through the Platform must comply with all applicable aged care legislation and standards, including:

• the Aged Care Act 1997 (Cth) for the duration it remains in force;

• the Aged Care Act 2024 (Cth) and all associated rules, principles, and quality standards upon and following its commencement;

• the Aged Care Quality Standards as published and amended by the Aged Care Quality and Safety Commission from time to time;

• the Aged Care (Single Quality Framework) Reform Act 2018 (Cth); and

• all associated rules, guidelines, directions, and provider obligations issued by the Aged Care Quality and Safety Commission.
  
  

9.5.2 Aged Care Quality Standards

All Workers and Providers delivering aged care services through the Platform must comply with the Aged Care Quality Standards applicable to the services delivered, including the obligations relating to:

• consumer dignity, respect, and choice;

• ongoing assessment and planning with consumers;

• personal, clinical, and emergency care;

• services and supports for daily living;

• service environment safety and quality;

• feedback and complaints management;

• human resources and worker competency; and

• organisational governance and accountability.
  
  

9.5.3 Serious Incident Response Scheme (SIRS)

All approved aged care providers using the Platform must comply with their obligations under the Serious Incident Response Scheme (SIRS) as established under the Aged Care Act 1997 (Cth) and the Quality of Care Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 (Cth), including:

• identifying, managing, and resolving all serious incidents in accordance with SIRS obligations;

• reporting all Priority 1 serious incidents to the Aged Care Quality and Safety Commission within 24 hours of the incident occurring or the provider becoming aware of it;

• reporting all Priority 2 serious incidents to the Aged Care Quality and Safety Commission within 30 days;

• maintaining a compliant incident management system capable of recording, managing, and reporting all serious incidents independently of any Platform functionality; and

• cooperating fully with any investigation conducted by the Aged Care Quality and Safety Commission in connection with a reported incident.
  
  

Serious incidents under SIRS include, without limitation: unreasonable use of force; unlawful sexual contact or inappropriate sexual conduct; psychological or emotional abuse; unexpected death; stealing or financial abuse; neglect; and use of physical or chemical restraint that is not in accordance with an applicable behaviour support plan.

Users acknowledge that Ethical Hire’s incident reporting function does not constitute a compliant incident management system for SIRS purposes, and that each approved aged care provider is solely responsible for maintaining a compliant system independently of the Platform.

9.5.4 Obligations Under the Aged Care Act 2024

Workers and Providers acknowledge that the Aged Care Act 2024 (Cth) introduces significant new obligations for aged care providers and workers, including strengthened rights for aged care consumers, new provider registration requirements, strengthened governance and accountability obligations, and expanded enforcement powers for the Aged Care Quality and Safety Commission. Workers and Providers are solely responsible for monitoring legislative developments and ensuring ongoing compliance with the Aged Care Act 2024 (Cth) and all associated instruments as they come into effect. Ethical Hire makes no representation as to the compliance of any Worker or Provider with the Aged Care Act 2024 (Cth) and accepts no liability for any regulatory finding or penalty arising from a User’s failure to comply.

 

9.6 Safeguarding and Zero Tolerance

Ethical Hire maintains an absolute zero-tolerance position with respect to all forms of abuse, neglect, exploitation, violence, financial abuse, sexual misconduct, and any other conduct that causes or risks harm to a vulnerable Participant, Client, or any other person.

Any Worker or Provider found, or reasonably suspected, to have engaged in any such conduct will be subject to the following without notice and without liability to Ethical Hire:

• immediate and permanent removal from the Platform;

• cancellation of all active and pending Bookings;

• notification to all affected Participants, Clients, and Providers to the extent Ethical Hire considers necessary to protect their safety;

• mandatory referral to the NDIS Commission, the Aged Care Quality and Safety Commission, AHPRA, relevant child protection authorities, or law enforcement as required by law or as Ethical Hire considers appropriate in the circumstances; and

• preservation and provision of all relevant Platform records, communications, and data to relevant authorities upon lawful request.
  
  

Workers and Providers acknowledge that Ethical Hire’s obligation to protect the safety of vulnerable Participants and Clients takes absolute precedence over any commercial interest of the Worker or Provider in maintaining Platform access, and that no claim for loss of income, reputational harm, or any other loss arising from removal under this clause will be entertained by Ethical Hire.

 

9.7 Complaints and Feedback

All Users have the right to make a complaint about the conduct of any other User in connection with Services arranged through the Platform. Complaints must be submitted through the Platform’s designated complaints management function.

In addition to the Platform’s complaints process, Users are advised of their right to make a complaint directly to:

• the NDIS Commission — for complaints about NDIS supports or the conduct of NDIS workers and providers, via the NDIS Commission’s website or on 1800 035 544;

• the Aged Care Quality and Safety Commission — for complaints about aged care services, via the Commission’s website or on 1800 951 822;

• AHPRA — for complaints about the conduct of a registered health practitioner; and

• the relevant state or territory WHS regulator — for complaints about workplace health and safety matters.
  
  

Ethical Hire’s complaints process does not replace or limit any User’s right to make a complaint directly to a regulatory authority, and making a complaint through the Platform does not satisfy any mandatory reporting obligation to a regulatory authority.

 

9.8 Ethical Hire’s Regulatory Obligations

Ethical Hire acknowledges that it may hold certain obligations under applicable NDIS and aged care legislation in connection with its operation of the Platform as a digital marketplace facilitating the delivery of NDIS and aged care services. Ethical Hire will comply with all applicable regulatory obligations imposed on it by law in connection with its operation of the Platform. However, Ethical Hire’s regulatory obligations do not extend to, and Ethical Hire accepts no responsibility for, the regulatory compliance of any Worker, Provider, Participant, or Client using the Platform.

10. Privacy & Data Collection

Ethical Hire is committed to protecting the privacy and confidentiality of all personal information and sensitive information collected, used, stored, and disclosed in connection with the Platform. This clause governs Ethical Hire’s privacy obligations and the privacy rights and obligations of all Users. Ethical Hire’s full Privacy Policy is published on the Platform, forms part of these Terms, and should be read together with this clause. In the event of any inconsistency between this clause and the Privacy Policy, the Privacy Policy prevails to the extent of the inconsistency.

Ethical Hire handles all personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth), and all applicable state and territory privacy and health records legislation. Users acknowledge that by registering on and using the Platform, they consent to the collection, use, storage, and disclosure of their personal information in accordance with this clause and the Privacy Policy.

 

10.1 Collection of Personal Information

10.1.1 What Ethical Hire Collects

Ethical Hire collects personal information that is reasonably necessary for, or directly related to, the Platform’s functions and activities. The categories of personal information collected include:

• Identity information – full legal name, date of birth, identity documents, and photograph;

• Contact information – residential address, email address, telephone number, and emergency contact details;

• Professional information – qualifications, registrations, licences, certifications, employment history, and Compliance Documentation;

• Financial information – bank account details, ABN, tax file number declaration, billing information, and payment history;

• Screening information – National Police Check results, NDIS Worker Screening Check outcomes, Working with Children Check status, and any other screening clearance information;

• Health and disability information – medical conditions, disability diagnoses, support needs, care plans, behaviour support plans, restrictive practice authorisations, and medication management information, where provided by or on behalf of a Participant or Client;

• Usage information – login activity, Booking history, messaging content, search history, profile views, and Platform interaction data; and

• Device and technical information – IP address, device type, browser type, operating system, and location data where enabled by the User’s device settings.

10.1.2 How Ethical Hire Collects Information

Ethical Hire collects personal information directly from Users at the time of registration and throughout their use of the Platform, and may also collect information from third parties including identity verification services, background check providers, AHPRA, the NDIS Commission, and other regulatory bodies where permitted by applicable law.

10.1.3 Purposes of Collection

Personal information collected by Ethical Hire is used for the following purposes:

• creating, verifying, and managing User accounts;

• facilitating Bookings, matching, and connections between Users;

• processing payments, managing billing, and administering Platform fees;

• conducting identity verification and compliance screening, including through Ethical Hire’s optional paid verification service;

• communicating with Users about their accounts, Bookings, compliance obligations, and Platform updates;

• complying with legal, regulatory, and reporting obligations, including obligations to the NDIS Commission, the Aged Care Quality and Safety Commission, AHPRA, the Australian Tax Office, and law enforcement;

• investigating complaints, disputes, incidents, and suspected breaches of these Terms;

• improving the Platform, conducting analytics, and developing new features and services; and

• any other purpose disclosed at the time of collection or to which the User has consented.

Ethical Hire will not use personal information for a purpose other than a purpose listed above or a directly related purpose without the User’s consent, except where required or authorised by applicable law.

 

10.2 Sensitive Information

10.2.1 Categories of Sensitive Information

The Platform collects and handles sensitive information as defined under the Privacy Act 1988 (Cth), including:

• health information, including disability diagnoses, medical conditions, clinical care needs, medication management information, and mental health information;

• information about a person’s racial or ethnic origin where relevant to cultural support needs;

• biometric information collected in connection with identity verification; and

• criminal history information collected through National Police Checks and NDIS Worker Screening Checks.
  
  

10.2.2 Handling of Sensitive Health Information

Sensitive health and disability information is collected and handled with the highest standard of care in accordance with APP 3 and APP 6 of the Australian Privacy Principles and applicable state and territory health records legislation. Such information will only be:

• collected with the explicit consent of the individual or their authorised representative, or where otherwise permitted by applicable law;

• used for the purpose for which it was collected or a directly related purpose;

• disclosed to other Users to the minimum extent necessary to facilitate the safe and appropriate delivery of the requested Services; and

• disclosed to regulatory authorities, law enforcement, or other third parties only where required or authorised by applicable law.
  
  

10.2.3 User Obligations Regarding Sensitive Information

Each User who receives sensitive information about another User through the Platform acknowledges that:

• the sensitive information is provided solely for the purpose of facilitating the safe delivery of Services;

• they must not use, copy, store, or disclose sensitive information for any purpose other than the delivery of Services or compliance with applicable legal obligations;

• they must handle all sensitive information in accordance with applicable privacy laws; and

• unauthorised use or disclosure of sensitive information may constitute a serious breach of these Terms, a breach of applicable privacy legislation, and a breach of the NDIS Privacy Principles or applicable aged care privacy obligations.

 

10.3 NDIS and Aged Care Privacy Obligations

10.3.1 NDIS Privacy Principles

All Users handling personal information of NDIS participants must comply with the NDIS Privacy Principles as established under the National Disability Insurance Scheme Act 2013 (Cth) and the NDIS (Privacy and Related Matters) Rules 2013, in addition to their obligations under the Privacy Act 1988 (Cth). Users acknowledge that the NDIS Privacy Principles impose additional obligations in respect of the collection, use, and disclosure of information about NDIS participants and their supporters that may be more stringent than the general Australian Privacy Principles.

10.3.2 Aged Care Privacy Obligations

All Users handling personal information of aged care recipients must comply with applicable privacy obligations under the Aged Care Act 1997 (Cth), the Aged Care Act 2024 (Cth) upon its commencement, and the Aged Care Quality Standards in connection with the privacy and dignity of aged care consumers. Users acknowledge that aged care consumers have a right to privacy and confidentiality in connection with their personal information, care information, and care environment, and that breach of this right may constitute a serious incident under the Serious Incident Response Scheme.

 

10.4 Third-Party Data Sharing and Disclosure

Ethical Hire may share personal information with third parties in the following circumstances:

10.4.1 Service Providers

Ethical Hire may disclose personal information to third-party service providers engaged to assist in the operation of the Platform, including:

• payment processors and financial institutions for the purpose of processing transactions;

• identity verification and background check providers for the purpose of verifying User identity and Compliance Documentation;

• cloud storage, hosting, and IT infrastructure providers for the purpose of storing and processing Platform data;

• customer support and communications platforms; and

• analytics and platform improvement services.

 

All third-party service providers engaged by Ethical Hire are required to handle personal information in accordance with applicable privacy laws and are subject to contractual obligations consistent with Ethical Hire’s privacy obligations under the Privacy Act 1988 (Cth).

10.4.2 Regulatory and Legal Disclosure

Ethical Hire may disclose personal information to regulatory authorities, law enforcement, and other third parties where required or authorised by applicable law, including:

• the NDIS Commission, the NDIA, the Aged Care Quality and Safety Commission, AHPRA, the Australian Tax Office, the Department of Home Affairs, and any other relevant regulatory body;

• law enforcement agencies where required by law or where Ethical Hire reasonably believes disclosure is necessary to prevent or investigate serious criminal activity;

• courts and tribunals in connection with legal proceedings; and

• the Office of the Australian Information Commissioner in connection with a notifiable data breach or privacy complaint.

 

10.4.3 Overseas Disclosure

Where Ethical Hire discloses personal information to a third party located overseas, Ethical Hire will take reasonable steps to ensure that the overseas recipient handles the information in accordance with the Australian Privacy Principles, as required by APP 8 of the Privacy Act 1988 (Cth). Users acknowledge that by using the Platform, they consent to the disclosure of their personal information to overseas recipients where necessary for the operation of the Platform, subject to Ethical Hire’s obligations under APP 8.

10.4.4 Business Transactions

In the event of a merger, acquisition, sale of assets, or other corporate transaction involving Ethical Hire, personal information held by Ethical Hire may be transferred to the acquiring or successor entity as part of that transaction. Ethical Hire will notify affected Users of any such transfer in accordance with applicable privacy laws.

 

10.5 Data Security

Ethical Hire takes reasonable steps to protect personal information held on the Platform from misuse, interference, loss, unauthorised access, modification, and disclosure, in accordance with APP 11 of the Privacy Act 1988 (Cth). Security measures implemented by Ethical Hire include, without limitation:

• encryption of sensitive data in transit and at rest;

• access controls limiting Platform data access to authorised personnel only;

• regular security assessments and vulnerability testing;

• incident response procedures for suspected data breaches; and

• staff training on privacy and data security obligations.

Users acknowledge that no data transmission over the internet or electronic storage system is completely secure, and that while Ethical Hire takes reasonable steps to protect personal information, it cannot guarantee the absolute security of data transmitted to or stored on the Platform. Users are responsible for maintaining the security of their own account credentials and for notifying Ethical Hire immediately upon becoming aware of any unauthorised access to their account.

Ethical Hire does not accept liability for any loss, damage, or harm arising from a data breach or unauthorised access that occurs despite Ethical Hire having taken reasonable security measures, except to the extent required by applicable law.

 

10.6 Notifiable Data Breaches

In the event of an eligible data breach as defined under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth) – being a data breach that is likely to result in serious harm to one or more individuals — Ethical Hire will:

• contain the breach and assess whether it meets the threshold of an eligible data breach as soon as practicable and in any event within 30 days of becoming aware of the breach;

• notify the Office of the Australian Information Commissioner (OAIC) of the eligible data breach as soon as practicable after forming the view that the breach is an eligible data breach;

• notify all affected individuals whose personal information was involved in the breach and who are at risk of serious harm, or where it is not practicable to notify affected individuals directly, publish a notification on the Platform; and

• take all reasonable steps to remediate the breach and prevent further unauthorised access or disclosure.
  
  

Users acknowledge that Ethical Hire’s notification obligations under the Notifiable Data Breaches scheme are triggered only where a breach is likely to result in serious harm, and that not all data incidents will meet this threshold.

 

10.7 Retention and Destruction of Personal Information

Ethical Hire will retain personal information for as long as necessary to fulfil the purposes for which it was collected, to comply with applicable legal and regulatory retention obligations, and to resolve any disputes or enforce these Terms. Specific retention periods include, without limitation:

• Account information — retained for the duration of the User’s registration and for a period of seven (7) years following account termination, or such longer period as required by applicable law;

• Financial and billing records — retained for a minimum of seven (7) years in accordance with taxation and financial record-keeping obligations under the Income Tax Assessment Act 1997 (Cth) and the Corporations Act 2001 (Cth);

• Compliance Documentation — retained for the duration of the Worker’s registration and for a minimum of seven (7) years following account termination, or such longer period as required by the NDIS Commission, the Aged Care Quality and Safety Commission, or applicable law;

• Incident reports — retained for a minimum of seven (7) years or such longer period as required by applicable regulatory obligations; and

• Health information — retained in accordance with applicable state and territory health records legislation, which may require retention for longer periods.
  
  

Upon expiry of the applicable retention period, Ethical Hire will take reasonable steps to destroy or de-identify personal information in accordance with APP 11.2 of the Privacy Act 1988 (Cth).

 

10.8 Access, Correction, and Complaints

10.8.1 Right of Access

Users have the right to request access to personal information held about them by Ethical Hire, subject to the exceptions set out in APP 12 of the Privacy Act 1988 (Cth). Requests for access must be submitted through the Platform’s designated privacy contact as set out in the Privacy Policy. Ethical Hire will respond to access requests within 30 days of receipt and may charge a reasonable fee for providing access where permitted by applicable law.

10.8.2 Right of Correction

Users have the right to request correction of personal information held about them by Ethical Hire where the information is inaccurate, out of date, incomplete, irrelevant, or misleading, in accordance with APP 13 of the Privacy Act 1988 (Cth). Requests for correction must be submitted through the Platform’s designated privacy contact. Ethical Hire will respond to correction requests within 30 days of receipt.

10.8.3 Privacy Complaints

Users who believe that Ethical Hire has breached the Australian Privacy Principles or any applicable privacy obligation may lodge a privacy complaint by:

• submitting a complaint through the Platform’s designated privacy contact as set out in the Privacy Policy; and

• if not satisfied with Ethical Hire’s response, lodging a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or on 1300 363 992.
  
  

Ethical Hire will acknowledge all privacy complaints within 5 business days of receipt and will investigate and respond to all complaints within 30 days, or such longer period as may be required where the complaint is complex or requires referral to a third party.

 

10.9 Privacy Act Reform

Users acknowledge that the Privacy Act 1988 (Cth) is subject to ongoing reform, including the Privacy Act Review recommendations and any resulting legislative amendments. Ethical Hire will update its privacy practices and this clause as required to comply with any amendments to applicable privacy legislation. Users are encouraged to review the Privacy Policy regularly for updates. Continued use of the Platform following notification of any material update to privacy practices constitutes acceptance of the updated practices.

10. Intellectual Property

All intellectual property rights in and to the Platform – including its software, technology, architecture, design, content, branding, trademarks, service marks, trade names, data compilations, matching algorithms, and all associated goodwill – are owned by or licensed to Ethical Hire. Nothing in these Terms grants any User any right, title, or interest in or to any intellectual property of Ethical Hire, whether by implication, estoppel, or otherwise.

10.1 Restricted Use

Users must not, without Ethical Hire’s prior written consent:

• copy, reproduce, modify, adapt, translate, or create derivative works from any part of the Platform or its content;

• scrape, harvest, crawl, index, or extract data from the Platform by automated or manual means, including through the use of bots, spiders, or data extraction tools;

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Platform’s software or technology;

• use the Platform’s branding, trademarks, trade names, or content for any commercial purpose whatsoever;

• frame, mirror, or deep-link to any part of the Platform without Ethical Hire’s prior written consent; or

• use any meta tags, hidden text, or other metadata incorporating Ethical Hire’s trademarks or trade names without prior written consent.

Any breach of this clause constitutes a material breach of these Terms and may give rise to claims for damages, injunctive relief, and account of profits under applicable intellectual property law.

10.2 User-Generated Content

By submitting any content to the Platform – including profile information, photographs, reviews, ratings, communications, and any other material – each User grants Ethical Hire a non-exclusive, royalty-free, perpetual, worldwide, sublicensable licence to use, store, display, reproduce, modify, and distribute that content for the purposes of operating, improving, and promoting the Platform.

Each User warrants that:

• they hold all rights necessary to grant the licence in this clause;

• the content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party;

• the content is not false, misleading, defamatory, offensive, or in breach of applicable law; and

• Ethical Hire’s use of the content in accordance with this licence will not expose Ethical Hire to any claim by any third party.

Each User indemnifies Ethical Hire against any claim, loss, damage, or expense arising from a breach of any warranty in this clause.

10.3 Licence to Use the Platform

Ethical Hire grants each User a limited, non-exclusive, non-transferable, revocable, royalty-free licence to access and use the Platform solely for its intended purpose and in accordance with these Terms. This licence:

• does not include any right to sublicense, assign, or otherwise transfer access to the Platform to any third party;

• does not include any right to use the Platform for any commercial purpose other than the engagement and delivery of Services in accordance with these Terms;

• does not grant any ownership interest in the Platform or any of its intellectual property; and

• terminates immediately and automatically upon suspension or termination of the User’s account for any reason.
  
  

10.4 Feedback and Suggestions

Where a User provides Ethical Hire with any feedback, suggestion, idea, or recommendation in connection with the Platform, the User assigns to Ethical Hire all intellectual property rights in that feedback and agrees that Ethical Hire may use, implement, and commercialise that feedback without restriction, acknowledgment, or compensation to the User.

 

11. Reviews, Ratings, and Feedback

11.1 Reviews Policy

Users may be invited to submit reviews and ratings following the completion of a Booking. All reviews must be:

• honest, accurate, and based on the User’s genuine first-hand experience of the relevant Booking;

• respectful and constructive in tone; and

• free from defamatory, false, misleading, discriminatory, threatening, harassing, or otherwise inappropriate content.
  
  

Reviews form part of the Platform’s trust and safety framework and Users acknowledge that honest and accurate reviews are essential to the integrity of the Platform and the safety of vulnerable Participants and Clients.

11.2 Prohibited Review Conduct

Users must not:

• submit false, fabricated, exaggerated, or incentivised reviews;

• offer, solicit, or accept any benefit, payment, or other consideration in exchange for a positive, negative, or modified review;

• submit retaliatory, vindictive, or malicious reviews in response to a negative review or complaint;

• submit a review about a Booking or interaction they did not personally experience;

• attempt to manipulate the Platform’s rating, ranking, or search algorithm through false reviews or any other means; or

• submit a review that discloses the sensitive health, disability, or personal information of any other User.
  
  

11.3 Platform’s Right to Moderate

Ethical Hire reserves the right, at its absolute discretion and without prior notice, to remove, edit, decline to publish, or flag any review that it determines violates these Terms, the Code of Conduct, or applicable law. Ethical Hire does not endorse any review published on the Platform and is not liable for the content of any review submitted by any User.

Users who believe a review submitted about them is false, defamatory, or in breach of these Terms may request a review through the Platform’s designated complaints process. Ethical Hire will investigate all such requests in good faith but does not warrant that any particular review will be removed.

11.4 Defamatory and Unlawful Reviews

Users acknowledge that the submission of a false or defamatory review may expose them to personal liability under the Defamation Act 2005 (applicable state or territory) and applicable consumer protection laws. Ethical Hire reserves the right to disclose the identity of a User who submits a defamatory or unlawful review to the affected party or to relevant authorities where required by law or court order, notwithstanding any other privacy obligation under these Terms.

12. Suspension, Restriction, and Termination

12.1 Ethical Hire’s Right to Act

Ethical Hire reserves the right, at its absolute discretion and without incurring liability to any User, to immediately suspend, restrict, deactivate, or permanently terminate a User’s account and cancel any active or pending Bookings, without prior notice, where any of the following circumstances arise:

• the User breaches any provision of these Terms or the Code of Conduct;

• Ethical Hire suspects or confirms Platform circumvention, offline arrangements, or undisclosed direct payments in breach of clause 4;

• a complaint, incident report, regulatory notification, or investigation identifies a risk to the health, safety, wellbeing, or rights of any User or third party;

• the User engages in abusive, threatening, discriminatory, harassing, or unlawful conduct toward any other User or Ethical Hire personnel;

• outstanding fees, invoices, or circumvention fees remain unpaid beyond the required payment period;

• the User has provided false, misleading, or fraudulent information at registration or at any time during their use of the Platform;

• a Worker’s Compliance Documentation expires, is suspended, revoked, or is found to be invalid or fraudulent;

• the User becomes insolvent, bankrupt, enters administration, or is otherwise unable to meet their financial obligations;

• Ethical Hire is required to act by order of a court, tribunal, regulator, or government authority; or

• Ethical Hire determines, in its absolute discretion, that continued access by the User poses a risk to the safety, integrity, or reputation of the Platform or any other User.
  
  

12.2 Termination by User

A User may terminate their account at any time by deactivating their account through the Platform’s account management settings. Termination by a User does not affect:

• any outstanding payment obligations, which remain due and payable in full;

• any active Booking obligations, which must be fulfilled or cancelled in accordance with clause 5 prior to account deactivation;

• the non-solicitation and anti-circumvention obligations under clause 4, which continue for the period specified in clause 4.5; and

• any other obligation that by its nature survives termination of these Terms.
  
  

Users acknowledge that deactivation of an account does not entitle the User to a refund of any fees paid, except as required by applicable law.

12.3 Effect of Suspension or Termination

Upon suspension or termination of a User’s account for any reason:

• access to the Platform and all associated features is immediately revoked;

• all active and pending Bookings may be cancelled at Ethical Hire’s discretion without liability;

• any outstanding payment obligations remain due and payable in full and may be recovered by Ethical Hire through any available legal means;

• the non-solicitation and anti-circumvention obligations under clause 4 continue to apply for the period specified in clause 4.5;

• all licences granted to the User under these Terms terminate immediately; and

• Ethical Hire’s rights to retain and use User data in accordance with clause 11 continue unaffected.
  
  

12.4 Referral to Authorities

Ethical Hire may, and in certain circumstances is required by law to, report serious incidents, safety concerns, suspected criminal conduct, or regulatory non-compliance to relevant authorities, including the NDIS Commission, the Aged Care Quality and Safety Commission, AHPRA, the Australian Federal Police, applicable state police services, SafeWork Australia, the Department of Home Affairs, or any other relevant regulatory or law enforcement body. Suspension or termination of a User’s account does not limit Ethical Hire’s obligation or discretion to make such referrals, and Ethical Hire accepts no liability for any loss suffered by a User as a result of a referral made in good faith.

 

13. Limitation of Liability and Indemnity

13.1 Scope of Limitation

To the maximum extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and all other applicable legislation, Ethical Hire expressly excludes all liability for:

• any injury, illness, disability, death, loss, theft, damage, or adverse outcome arising from Services delivered by, or the conduct of, any Worker, Provider, Participant, or Client;

• any failure, delay, interruption, or error in the delivery of Services arranged through the Platform;

• the quality, suitability, safety, accuracy, availability, or fitness for purpose of any Worker, Provider, or Services;

• any loss of data, loss of revenue, loss of opportunity, loss of goodwill, or any indirect, consequential, special, or punitive damages of any nature; and

• any dispute, claim, or legal proceeding between Users arising from or in connection with Services arranged through the Platform.

Users acknowledge that they engage Workers and Providers through the Platform entirely at their
own discretion and risk, and that Ethical Hire’s role is limited to facilitating introductions and connections between Users as set out in clause 2.

13.2 Liability Cap

To the maximum extent permitted by applicable law, Ethical Hire’s total aggregate liability to any User arising out of or in connection with these Terms, the Platform, or any Services arranged through the Platform — whether in contract, tort including negligence, statute, or otherwise — shall not exceed the total fees paid by that User to Ethical Hire in the twelve (12) months immediately preceding the event giving rise to the claim.

13.3 Non-Excludable Guarantees

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including any guarantee under the Australian Consumer Law. Where such non-excludable rights apply, Ethical Hire’s liability is limited to the extent permitted by law, and where Ethical Hire is permitted to limit its liability, it limits its liability to the resupply of the relevant services or the cost of having those services supplied again.

13.4 Indemnity

Each User agrees to indemnify, defend, and hold harmless Ethical Hire, its directors, officers, employees, contractors, affiliates, and authorised representatives from and against any and all claims, demands, actions, liabilities, losses, damages, penalties, fines, costs, and legal expenses — including solicitor-client costs on a full indemnity basis — arising out of or in connection with:

• any breach of these Terms by the User or their representatives;

• negligence, unsafe conditions, hazards, or risks within the User’s premises, home, or service environment;

• failure to disclose material risks, health information, behavioural risks, or other relevant information prior to or during a Booking;

• misuse, unauthorised use, or fraudulent use of the Platform;

• any unlawful, discriminatory, abusive, or inappropriate conduct by the User; and

• any third-party claim arising from Services arranged through the Platform attributable to the User’s act or omission.

For the avoidance of doubt, this indemnity does not extend to any statutory WHS penalty or fine that cannot be the subject of an indemnity arrangement under applicable law, as set out in clause 2.3.3.

 

14. Dispute Resolution

14.1 Good Faith Negotiation

In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, the Platform, or any Services arranged through the Platform, the parties agree to first attempt to resolve the dispute through good faith negotiation. The party raising the dispute must provide written notice to the other party specifying the nature of the dispute and the outcome sought. The parties will have fourteen (14) days from the date of that notice to attempt to resolve the dispute through negotiation before escalating to the processes below.

14.2 Internal Complaints Process

Where a dispute involves a complaint about the Platform or another User, the complaining party must submit a formal complaint through the Platform’s designated complaints process prior to commencing any external dispute resolution process. Ethical Hire will acknowledge receipt of all complaints within five (5) business days and will endeavour to resolve the matter within thirty (30) business days. Ethical Hire’s determination of a complaint is final and binding, subject to any rights the User may have under applicable law or through the external bodies listed in clause 14.4.

14.3 Mediation

If a dispute cannot be resolved through good faith negotiation or the internal complaints process within the applicable timeframes, either party may refer the matter to mediation conducted by an independent accredited mediator agreed between the parties, or nominated by the Resolution Institute or the Australian Disputes Centre in the absence of agreement. The costs of mediation will be shared equally between the parties unless otherwise agreed or ordered by a court. Neither party may commence court proceedings in respect of a dispute until the mediation process has been completed or has failed, except where urgent interlocutory or injunctive relief is required to prevent imminent harm or loss.

14.4 External Regulatory Bodies

Nothing in this clause prevents any User from lodging a complaint with a relevant external body, including:

• the NDIS Quality and Safeguards Commission — for complaints relating to NDIS-funded Services or the conduct of NDIS workers and providers;

• the Aged Care Quality and Safety Commission — for complaints relating to aged care Services;

• the Australian Competition and Consumer Commission (ACCC) — for consumer protection matters under the Australian Consumer Law;

• the Office of the Australian Information Commissioner (OAIC) — for privacy complaints under the Privacy Act 1988 (Cth);

• the Fair Work Commission — for matters relating to worker entitlements or employment classification; and

• the relevant state or territory consumer affairs authority — for matters arising under applicable state or territory fair trading legislation.
  
  

14.5 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Each User irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia, and any courts competent to hear appeals from those courts. Nothing in this clause prevents Ethical Hire from seeking urgent interlocutory or injunctive relief in any court of competent jurisdiction.

 

15. Platform Availability and Modifications

15.1 No Guarantee of Availability

Ethical Hire does not warrant or guarantee that the Platform will be available at all times, continuously, without interruption, or free from errors, bugs, or security vulnerabilities. Planned maintenance, unplanned outages, third-party service failures, and circumstances outside Ethical Hire’s reasonable control may result in temporary or extended unavailability of the Platform or any of its features. Ethical Hire will use reasonable endeavours to provide advance notice of planned maintenance where practicable.

15.2 No Liability for Unavailability

Ethical Hire is not liable to any User for any loss, damage, missed Booking, loss of income, or any other consequence arising from the unavailability, interruption, suspension, or discontinuation of the Platform or any of its features, whether or not prior notice was given. Users are responsible for maintaining alternative arrangements where continuity of care or support is essential.

15.3 Modifications to the Platform

Ethical Hire reserves the right to modify, update, suspend, discontinue, or remove any part of the Platform, including any feature, functionality, pricing tool, or integration, at any time and without prior notice. Ethical Hire will not be liable to any User for any loss or damage arising from such modifications, updates, or discontinuation.

15.4 Force Majeure

Ethical Hire will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control, including natural disasters, pandemic or public health events, government-imposed restrictions or directions, cyberattacks, ransomware or malicious code attacks, telecommunications or internet failures, power outages, industrial action, or acts of God. Ethical Hire will use reasonable endeavours to restore normal Platform operations as soon as reasonably practicable following a force majeure event and will notify affected Users where practicable.

 

16. Modern Slavery and Accessibility

16.1 Modern Slavery

Ethical Hire is committed to the principles of the Modern Slavery Act 2018 (Cth) and maintains a zero-tolerance position with respect to all forms of modern slavery, forced labour, debt bondage, human trafficking, and worker exploitation in any form connected with the Platform or its operations.

All Users must not engage in, facilitate, or benefit from any form of modern slavery in connection with the use of the Platform. Any User who suspects or becomes aware of any conduct that may constitute modern slavery, worker exploitation, or human trafficking in connection with Services arranged through the Platform must report it to Ethical Hire immediately through the Platform’s designated reporting function and to the Australian Border Force on 1800 050 069.

Ethical Hire reserves the right to immediately terminate the account of any User found or reasonably suspected to have engaged in or facilitated any form of modern slavery or worker exploitation, and to refer the matter to the Australian Federal Police, the Australian Border Force, or any other relevant authority.

16.2 Accessibility

Ethical Hire is committed to providing an accessible Platform experience for all Users, including persons with disability, in accordance with the Disability Discrimination Act 1992 (Cth) and the Web Content Accessibility Guidelines (WCAG) as adopted from time to time. Ethical Hire will use reasonable endeavours to ensure that the Platform is accessible to persons with disability and will consider accessibility in all material Platform updates and modifications.

If you require accessibility support, an alternative format of these Terms or any Platform document, or any other accessibility accommodation, please contact Ethical Hire at [accessibility contact email]. Ethical Hire will respond to all accessibility requests within five (5) business days.

 

17. Acceptance of Terms

17.1 Binding Agreement

By registering for, accessing, or using the Platform in any capacity, each User confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety, together with Ethical Hire’s Privacy Policy, Code of Conduct, and any other policies, guidelines, or schedules published on the Platform from time to time, each of which is incorporated into these Terms by reference.

17.2 Capacity to Accept

By accepting these Terms, each User represents and warrants that:

• they are at least 18 years of age;

• they have full legal capacity to enter into a binding agreement under Australian law;

• where accepting on behalf of an organisation or another person, they have full authority to bind that entity or person to these Terms and have taken all steps necessary to do so; and

• their acceptance of these Terms does not breach any other agreement to which they are a party.
  
  

17.3 Updates to These Terms

Ethical Hire reserves the right to update or amend these Terms at any time. Where material changes are made, Ethical Hire will notify all Users via their registered email address or through an in-Platform notification with no less than thirty (30) days notice prior to the changes taking effect. Continued use of the Platform following the expiry of the notice period constitutes acceptance of the revised Terms. If a User does not agree to any updated Terms, they must deactivate their account and cease using the Platform prior to the expiry of the notice period.

17.4 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision will be severed from these Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Where possible, the invalid provision will be interpreted in a manner that gives effect to the original intention of the parties.

17.5 Waiver

A failure or delay by Ethical Hire to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. No waiver by Ethical Hire of any breach of these Terms is effective unless it is in writing and signed by an authorised representative of Ethical Hire. A waiver of one breach does not constitute a waiver of any subsequent breach.

17.6 Entire Agreement

These Terms, together with Ethical Hire’s Privacy Policy, Code of Conduct, and any other policies or schedules published on the Platform and incorporated by reference, constitute the entire agreement between each User and Ethical Hire with respect to the use of the Platform, and supersede all prior agreements, representations, negotiations, and understandings between the parties relating to the same subject matter.

17.7 Assignment

Ethical Hire may assign, transfer, or novate its rights and obligations under these Terms to any related entity, successor, or acquirer without the User’s consent. Users may not assign, transfer, or novate any of their rights or obligations under these Terms without Ethical Hire’s prior written consent. Any purported assignment in breach of this clause is void.

 

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