Independent Contractor Agreement

The Cleardocs Independent Contractor/Consultancy Agreement enables you to clearly set out the terms and conditions of the relationship between an organisation, and an independent contractor/consultant who will perform services for the organisation.

Time taken to complete 15 minutes.

Cost$ 99.00 (inc GST)

Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.

What documents are included in the Cleardocs Independent Contractor or Consultancy Agreement package?

The package includes:

  • the Agreement — on the interface, you get to choose whether it is called an "Independent Contractor Agreement" or a "Consultancy Agreement"; and
  • an Establishment Kit explaining what to do next.

What information do you need to order an Independent Contractor Agreement through Cleardocs?

Download our checklist for the information required to order an Independent Contractor Agreement.

Tailoring the Agreement to the needs of your organisation

The Cleardocs interface enables you to tailor the Agreement to suit the needs of the organisation.

The Cleardocs system allows you, when preparing your document, to choose between common clauses depending on the needs of your organisation and the contractor/consultant. For example, you may customise the contractor/consultant's:

  • service requirements;
  • fee arrangements;
  • insurance requirements; and
  • length of contract.

Also, you can choose to include certain clauses relevant to the organisation. For example, whether:

  • the contractor/consultant is required to hold specific qualifications; and
  • the contractor/consultant is required to provide resources to perform the services.

The Agreement includes standard clauses relating to:

  • GST;
  • indemnities;
  • intellectual property;
  • the relationship between the parties;
  • return of property; and
  • protection of confidential information.

When is an Independent Contractor/Consultancy Agreement relevant?

The Independent Contractor/Consultancy Agreement may be used when an organisation arranges for work to be performed by an external person or company rather than an employee.

This Agreement is relevant when the organisation (the principal) wishes to engage a service provider (the contractor/consultant) who is:

  • an individual;
  • a "one-man-band" company — where the services are provided by a director or the only employee of the company (and no-one else is involved in providing them); or
  • a small company — where the services are provided by a single nominated individual. In this context, "small company" typically means one to 3 directors. If the company is any larger, then a general Services Agreement may be more appropriate, or one or both companies may have existing standard terms and conditions.

How do I know whether a person is an employee or a contractor/consultant?

Whether a person is an employee or a contractor/consultant depends on what happens in practice, and not the label th e parties put on their relationship.

The ATO provides information to help you work out whether a person is likely to be an employee or a contractor/consultant.

If they are to be an employee, then you can order the Cleardocs Standard Employment Contract.

Seek legal advice

The Independent Contractor Agreement information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
  • Customise for your organisation's needs
  • Specify the exact services that will be provided by the contractor/consultant and fee arrangements
  • Includes copy function for address details - saving you typing
  • Extensive online help and local phone support