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Third Party Management Agreement for Australia

Third Party Management Agreement Template for Australia

This document is a comprehensive management agreement governed by Australian law that establishes the terms and conditions under which a third party provider will manage specified services, operations, or facilities on behalf of a principal organization. It includes detailed provisions for service delivery, performance standards, risk allocation, compliance with Australian regulations, reporting requirements, and termination procedures. The agreement incorporates specific provisions to ensure compliance with Australian privacy laws, consumer protection legislation, and relevant industry-specific regulations while providing a framework for effective service delivery and relationship management.

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What is a Third Party Management Agreement?

The Third Party Management Agreement is essential for organizations seeking to outsource management functions to specialized service providers while maintaining control and oversight. This agreement is particularly relevant in the Australian business context, where organizations must navigate complex regulatory requirements while ensuring efficient service delivery. It is commonly used when a principal organization wants to delegate operational management responsibilities while retaining strategic control, requiring detailed provisions for service levels, compliance with Australian regulations, risk management, and performance monitoring. The agreement should address specific requirements under Australian law, including privacy obligations, consumer protection, and industry-specific regulations, while establishing clear governance frameworks and accountability measures.

What sections should be included in a Third Party Management Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement and relationship between the parties

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

4. Appointment and Scope: Formal appointment of the manager and scope of services

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Manager's Obligations: Detailed responsibilities and duties of the manager

7. Principal's Obligations: Responsibilities and duties of the principal

8. Fees and Payment: Fee structure, payment terms, and expenses

9. Performance Standards: Required service levels and performance metrics

10. Compliance and Reporting: Compliance obligations and reporting requirements

11. Risk and Insurance: Risk allocation and required insurance coverage

12. Confidentiality: Protection of confidential information

13. Termination: Termination rights and processes

14. Transition and Exit: Provisions for transition of services upon termination

15. Liability and Indemnities: Limitation of liability and indemnification provisions

16. Dispute Resolution: Process for resolving disputes

17. General Provisions: Standard boilerplate clauses

What sections are optional to include in a Third Party Management Agreement?

1. Intellectual Property Rights: Required if IP is created or licensed during service delivery

2. Data Protection and Privacy: Detailed section needed if significant personal data is processed

3. Subcontracting: Include if subcontracting of services is permitted

4. Change Control: Required for agreements where scope or services may need regular modification

5. Business Continuity: Include if service continuity is critical

6. Security Requirements: Needed if handling sensitive information or systems

7. Environmental Compliance: Include if services have environmental implications

8. Anti-Bribery and Corruption: Required for high-risk jurisdictions or sectors

9. Force Majeure: Include if specific force majeure provisions beyond standard terms are needed

What schedules should be included in a Third Party Management Agreement?

1. Schedule 1 - Services Description: Detailed description of management services to be provided

2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

4. Schedule 4 - Key Personnel: Details of key staff and their roles

5. Schedule 5 - Governance and Reporting: Reporting requirements and governance structure

6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation

7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels required

8. Schedule 8 - Exit Plan: Detailed transition out procedures and requirements

9. Appendix A - Template Reports: Standard templates for required reports

10. Appendix B - Policies and Procedures: Relevant operational policies and procedures

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

Sector

Cost

Free to use
Relevant legal definitions











































Clauses









































Relevant Industries

Financial Services

Healthcare

Information Technology

Real Estate

Manufacturing

Retail

Professional Services

Infrastructure

Education

Logistics

Facilities Management

Relevant Teams

Legal

Operations

Procurement

Compliance

Risk Management

Finance

Commercial

Vendor Management

Project Management

Facilities Management

Contract Administration

Relevant Roles

Chief Operating Officer

Procurement Manager

Contract Manager

Operations Director

Facility Manager

Legal Counsel

Compliance Officer

Risk Manager

Commercial Director

Service Delivery Manager

Vendor Relationship Manager

Chief Financial Officer

Project Manager

General Manager

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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