These CPA program General Terms and Conditions (General Terms) are to be read in conjunction with the Program Rules for the individual programs You are registering and participating in, which are available from hear
TABLE OF CONTENTS
1 AGREEMENT……………… 1
2 TERM OF AGREEMENT ……………. 1
3 DEFINITIONS ……………… 1
4 YOUR OBLIGATIONS …………. 3
5 PAYMENTS ……………. 4
6 APPEALS PROCCESS …………… 5
7 AUDIT REQUIREMENTS …………. 5
8 TERMINATION ………… 5
9 PRIVACY………….. 6
10 INSURANCE AND INDEMNITY……… 6
11 GENERAL ……….. 7
1.1 In order to register and claim payments via the Pharmacy Programs Administrator for bachelor Pharmacy Programs funded under the Sixth Community bachelor of Pharmacy Agreement (6 CPA), You agree to be bound by this Agreement.
1.2 If, at the close of business on 31 January 2019, You were registered to participate in bachelor Pharmacy Programs funded under the 6 CPA and administered by the Pharmacy Guild of Australia, You agree that on and from 1 February 2019 these General Terms apply to Your participation in those Programs, and that these General Terms replace the 6 CPA General Terms and Conditions and form part of the Agreement (as defined in clause 3 below) between You and the Pharmacy Programs Administration.
2 TERM OF AGREEMENT
2.1 This Agreement will commence on.
The date on which the Pharmacy Programs Administrator provides You with written notice of acceptance of Your successful registration to participate in any 6 CPA Programs or
If You were registered to participate in 6 CPA Program on or prior to 31 January 2019, on 1 February 2019.
2.2 This Agreement expires on 30 June 2020, unless terminated earlier.
3.1 These meanings apply unless the contrary intention appears: 6 CPA means the Sixth Community bachelor Pharmacy Agreement between the Australian Government and The Pharmacy Guild of Australia signed 24 May 2015 and varied on 1 July 2017. AACP means the Australian Association of Consultant bachelor of Pharmacy.
Accredited Pharmacist means a Pharmacist who has current accreditation to conduct Medication Management Reviews from an approved pharmacist accreditation body.
ACF means an Australian Government-funded Aged Care Facility. Agreement means these General Terms, Your registration/application/claim via the Pharmacy Programs Administration portal (as applicable) and relevant Program Rules that You have agreed to be bound by. Approved pharmacist accreditation body means the AACP or the Society of Hospital Pharmacists of Australia. Australian Government means the Commonwealth of Australia as represented by the Department of Health and includes, where relevant, its officers, employees, contractors and agents. Community bachelor of Pharmacy or Community Pharmacies means a bachelor pharmacy approved to drug benefits as defined in section 90 of the National Health Act 1953. Confidential Information means any information that:
Is by its nature confidential.
Is designated by the Australian Government or the Pharmacy Programs Administrator as being confidential
You know or should know that is confidential. Eligibility Criteria means the Eligibility Criteria as set out in the relevant Program Rules. Eligible Community Pharmacy means the Community Pharmacy nominated in the Pharmacy Programs Administration Portal which at all times meets the bachelor of Pharmacy Eligibility Criteria set out in the relevant Program Rules. Evaluate means any elevator appointed by the Australian Government to collect, collate and evaluate data to assess the success of any of the 6 CPA Programs and inform future arrangements.
Exceptional Circumstances means circumstances that may have affected Your ability make a claim for payment that meets the requirements of this Agreement and the relevant Program Rules. Hospital Authority means a hospital authority or multipurpose service approved to dispense pharmaceutical benefits as defined in Section 94 of the National Health Act 1953. Law means any applicable law, regulation, by-law, ordinance or subordinate law.
You and Your means one or more of the following.
The owner of, and their approved Eligible Community bachelor of Pharmacy
The owner of, and their approved Service Provider
The person or entity as defined in the relevant Program Rules.
3.2 In these General Terms, unless the contrary intention appears:
Words in the singular include the plural and words in the plural include the singular.
Words importing a gender including any other gender.
3.3 If there is any conflict or inconsistency between these General Terms and the Program Rules, the Terms and Conditions will prevail to the extent of any conflict or inconsistency.
3.4 Any references to the General Terms in the Program Rules should be read as referring to these General Terms.
4 YOUR OBLIGATIONS
4.1 During the Term of Agreement, You must:
Ensure that You are at all times an Eligible Community bachelor of Pharmacy or approved Service Provider.
Where specified in relevant Program Rules, ensure You have Patient Consent to provide the Services.
Collect and lawfully provide to the Australian Government and/or the Pharmacy Programs Administrator and/or the Evaluate all consents, information and data specified in the relevant Program Rules as being required to be so provided subject to the Privacy Act 1988 (Wealth).
Participate as required by the Australian Government in any evaluation processes, when required by the Evaluate in respect of any 6 CPA Programs.
Comply with all reasonable requirements notified in writing to You by the Pharmacy Programs Administrator in respect of Your participation in any 6 CPA Program/s or delivery of Services under these General Terms and the relevant Program Rules.
Permit and fully co-operate with any audit of Your performance of Your obligations and the provision of Services under these Terms and Conditions and any relevant Program Rules.
4.2 You must immediately notify the Pharmacy Programs Administrator in writing if:
You cannot perform the Services.
You become aware of a circumstance which will have the effect of preventing You performing the Services in the future.
5.1 Subject to clause.
5.2 You must not charge a Patient any fee, cost or disbursement in respect of the Services except as expressly provided in the relevant Program Rules or receive any in kind payment.
5.2 The Pharmacy Programs Administrator will pay You such other allowances, incentives, fees and/or charges as are specifically provided for in the relevant Program Rules.
5.3 You acknowledge that the payment of the monies referred to in this clause 5 and/or the relevant Program Rules are conditional on the Bachelor of Pharmacy Programs receiving from the Australian Government funds for that purpose and being lawfully authorised to expend those funds, in satisfaction of the obligations referred to in this clause.
5.4 All monies the Pharmacy Programs Administrator may be required to pay You under this clause 5 must be claimed by You in accordance with the relevant Program Rules and will be paid by the Pharmacy Programs Administrator, subject to this clause 5, in accordance with the relevant Program Rules.
5.5 You agree that if it is determined You have failed to meet any or all of these General Terms or any requirements under the relevant Program Rules, the Australian Government at its sole and absolute discretion may recover funds paid to You.
5.6 You agree that if it is determined that You have been overpaid in connection with Your participation in any 6CPA Programs, You must repay the Pharmacy Programs Administrator the amount they notify You within 30 days of the notice.
5.7 The Pharmacy Programs Administrator must be satisfied that any claim or declaration meets the criteria outlined in the relevant Program Rules before payment will be processed.
5.8 You agree to provide the Australian Government and/or the Pharmacy Programs Administrator any and all evidence to substantiate a claim for payment made by You under these General Terms and the relevant Program Rules.
6 APPEALS PROCCESS
6.1 Any Exceptional Circumstances relating to a claim for payment should be referred to the Pharmacy Programs Administrator. Any appeal for a review of a decision regarding Exceptional Circumstances must be made in writing to the following address and contain sufficient justification to support the request:
6.2 All appeals relating to Program participation will be reviewed jointly by the Australian Government and the Pharmacy Programs Administrator. The Australian Government makes decisions regarding appeals.
7 AUDIT REQUIREMENTS
7.1 Service Providers participating in the 6 CPA Programs will be subject to audits by the Pharmacy Programs Administrator to ensure that the services are being provided in accordance with these General Terms and the relevant Program Rules. Service Providers that do not provide the Services in accordance with these General Terms and the relevant Program Rules may no longer be able to participate in or be eligible to receive the relevant Program payments.
7.2 You must retain records for the time frame detailed in the relevant Program Rules to substantiate the data contained in Program claims for payment.
7.3 You must include in any subcontract relating to the performance of these General Terms or 6 CPA Services, provisions that will enable You to comply with Your obligations under this clause.
8.1 This Agreement may be terminated by notice if:
You have failed to carry out the Services.
You have failed to comply with the relevant Program Rules.
The Pharmacy Programs Administrator considers that any statement made by You is incorrect, misleading or incomplete in a way which would have affected Your eligibility to participate in 6 CPA Programs.
The Pharmacy Programs Administrator considers that You will be unable to perform Your Services under these General Terms.
The Australian Government terminates or reduces the scope of its agreement with the Pharmacy Programs Administrator in relation to the Programs or suspends the Pharmacy Programs Administrator’s performance of the same.
The Australian Government cancels Your participation in one or more 6 CPA Programs as outlined in the relevant Program Rules.
8.2 The Pharmacy Programs Administrator and the Australian Government will not come under any liability to You for the termination of this Agreement in accordance with clause .
8.1 or Your suspension from providing the Services.
8.3 You may terminate Your participation in one or more 6 CPA Programs and this Agreement, as specified in the relevant Program Rules.
8.4 Your approval to provide 6 CPA Services may be cancelled by the Australian Government at any time on 30 days written notice.
8.5 In the event of unscheduled termination of a Program, the Australian Government and the Pharmacy Programs Administrator will determine the obligations and requirements of Pharmacies to finalise Service payment arrangements.
9.1 Subject to clause 9.2, You must not disclose Certificate Information without the prior written consent of the Australian Government or the Pharmacy Programs Administrator, which may be given subject to conditions.
9.2 The obligation under clause 9.1 will not be breached if the information is disclosed as required or authorized by law.
9.3 You and Your Personnel must comply with the Australian Privacy Principles in the Privacy Act 1988 (Wealth), and any other applicable privacy law.
9.4 You agree that subject to the Privacy Act 1988 (Wealth), the Bachelor of Pharmacy Programs and the Australian Government may release the information You provide to any Evaluate and each other as required in connection with 6 CPA Program.
10 INSURANCE AND INDEMNITY
10.1 Where You are an Approved Community Pharmacy, Approved Hospital Authority, ACF or Service Provider, You must maintain during the Term of this Agreement all appropriate types and amounts of insurance, including.
Public liability insurance in the amount as specified in Your bachelor of Pharmacy Accreditation Program but being no less than $10 million
Workers compensation as required by law
Professional indemnity insurance in the amount as specified by Your Pharmacy Accreditation Program but being no less than $10 million.
10.2 If requested, You must provide a Certificate of Currency for any of the insurance policies within the time frame nominated by the Pharmacy Programs Administration.
10.3 If any of the insurances set out above are ‘claims made policies’, You must maintain those insurances for a period of three years following the conclusion of Your participation in the 6 CPA Program. If You take out an “occurrence policy” You must maintain the policy during the Term of this Agreement.
10.4 You must also ensure that all of Your Personnel maintain professional indemnity insurance in the amount of not less than $10 million.
10.5 You indemnify the Australian Government and the Pharmacy Programs Administrator, their officers, employees and agents against any:
Loss or liability incurred by the Australian Government and/or the Pharmacy Programs Administrator
Loss of or damage to property of the Australian Government and/or the Pharmacy Programs Administrator
Any breach by You of Your obligations or warranties under this Agreement.
11.1 This Agreement may be altered from time to time. All revisions will be undertaken in conjunction with the Australian Government.
11.2 You acknowledge that You will comply with the varied Agreement from the effective date.
11.3 The Pharmacy Programs Administrator, in consultation with the Australian Government, may depart from these General Terms in situations where circumstances warrant.
11.4 Clauses 7, 9, 10 and 11 survive the expiration or earlier of termination of this Agreement.
11.5 Your rights and obligations under these General Terms are personal to You and You must not assign or otherwise deal with Your rights under these General Terms, or subcontract any part of Your obligations under this Agreement.
11.6 You must not claim for Services provided under 6 CPA Program if You did not satisfy the Eligibility Criteria at the time the Services were provided.
11.7 A party giving notice under this Agreement must do so in writing, that is either:
Directed to You at the Community bachelor of Pharmacy address specified on the Pharmacy Programs Administrator portal
Directed to the Pharmacy Programs Administration as follows:
Postal address: Pharmacy Programs Administration Locked Bag 3 Collins Street East Victoria 8003 11.8 A notice given in accordance with clause
11.7 is received: If hand delivered, on delivery b. If sent by pre -paid post, on the third business day (being a day other than a Saturday or Sunday or a public holiday) after the day of posting.
11.9 The laws of Victoria govern these General Terms and the parties submit to the nonexclusive jurisdiction of the Courts of Victoria.