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Caretaker Agreement for Australia

Caretaker Agreement Template for Australia

An Australian Caretaker Agreement is a legally binding document that establishes the terms and conditions between a property owner or management entity and a caretaker. This agreement outlines the caretaker's duties, responsibilities, compensation, and terms of engagement while ensuring compliance with relevant Australian federal and state legislation, including employment laws, workplace health and safety regulations, and property management requirements. The document covers essential aspects such as property maintenance, security responsibilities, reporting obligations, and operational procedures.

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What is a Caretaker Agreement?

The Caretaker Agreement serves as a crucial document in Australian property management, establishing a clear framework for the maintenance and care of residential, commercial, or mixed-use properties. This agreement is essential when property owners or management entities need to engage a dedicated individual or service provider to oversee day-to-day property operations, maintenance, and security. The document ensures compliance with Australian legislation, including the Fair Work Act 2009, Work Health and Safety Act 2011, and relevant state-specific property management laws. It typically includes detailed provisions for property maintenance, emergency responses, reporting requirements, and operational procedures, while clearly defining the rights and obligations of all parties involved. The agreement can be customized based on property type, scope of services, and whether the caretaker is a resident or non-resident service provider.

What sections should be included in a Caretaker Agreement?

1. Parties: Identifies and provides details of the property owner/manager and the caretaker

2. Background: Outlines the context of the agreement, including property details and the need for caretaker services

3. Definitions: Defines key terms used throughout the agreement

4. Term and Appointment: Specifies the duration of the agreement and formal appointment of the caretaker

5. Caretaker Duties and Responsibilities: Comprehensive list of regular duties, maintenance responsibilities, and service standards

6. Hours of Work: Specified working hours, on-call requirements, and break entitlements

7. Remuneration and Benefits: Details of payment, superannuation, and any additional benefits

8. Property Access and Security: Rules regarding access to the property, key management, and security procedures

9. Reporting Requirements: Specifics about required reports, inspections, and communication protocols

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Termination: Conditions and procedures for ending the agreement

12. General Provisions: Standard contract clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Caretaker Agreement?

1. Accommodation Provisions: Required if the caretaker is provided with on-site accommodation, detailing terms of occupancy

2. Equipment and Tools: Include when specific equipment is provided by the property owner

3. Emergency Procedures: Necessary for larger properties or those with specific safety requirements

4. Relief Caretaker Arrangements: Include when temporary replacement procedures need to be specified

5. Performance Reviews: Include when regular performance assessment is required

6. Contractors Management: Required if caretaker has authority to engage external contractors

7. Body Corporate Interface: Include for properties under body corporate management

8. Training Requirements: Include when specific qualifications or ongoing training is required

What schedules should be included in a Caretaker Agreement?

1. Schedule 1 - Property Details: Detailed description of the property and areas under caretaker's responsibility

2. Schedule 2 - Duties Checklist: Detailed breakdown of daily, weekly, monthly, and annual tasks

3. Schedule 3 - Fee Schedule: Breakdown of remuneration, including any performance-based incentives

4. Schedule 4 - Equipment Inventory: List of tools and equipment provided by the property owner

5. Schedule 5 - Key Register: Inventory of keys and security devices provided to the caretaker

6. Schedule 6 - Emergency Contacts: List of emergency contacts and procedures

7. Appendix A - Maintenance Log Template: Standard format for recording maintenance activities

8. Appendix B - Incident Report Form: Template for reporting incidents or emergencies

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Education

Healthcare

Hospitality

Retirement Living

Industrial

Retail

Relevant Teams

Operations

Facilities Management

Property Management

Asset Management

Legal

Human Resources

Maintenance

Building Services

Real Estate Operations

Compliance

Relevant Roles

Property Manager

Facility Manager

Building Manager

Caretaker

Resident Manager

Operations Manager

Maintenance Supervisor

Site Manager

Building Superintendent

Estate Manager

Property Services Coordinator

Facilities Coordinator

Industries








Teams

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

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