Proposed Amendments to Proposed Contract
- Policy
- Proposed Amendments to Proposed Contract
1. Purpose
This section outlines Princess L Driving School Pty Ltd’s proposed amendments and clarifications to the Draft Contract provided by Transport for NSW (TfNSW).
All proposed amendments are designed to promote fairness, clarity, and mutual understanding between the Provider and TfNSW, ensuring efficient and compliant delivery of the Safer Drivers Course.
2. General Approach
Princess L Driving School Pty Ltd is committed to working in partnership with TfNSW and accepts the majority of the proposed contract terms.
Our suggested amendments are minor and clarifying in nature, intended to ensure:
- Clear allocation of responsibilities
- Operational flexibility
- Fair management of risk
- Transparent performance expectations
3. Summary of Proposed Amendments
The following table details the proposed changes:
| Clause / Section | Current Provision | Proposed Amendment / Clarification | Rationale |
|---|---|---|---|
| Clause 5 – Scope of Services | Provider must deliver all components as directed by TfNSW. | Add: “Delivery schedules may be adjusted by mutual agreement to accommodate unforeseen operational or student needs.” | Ensures flexibility for course scheduling due to learner or instructor availability while maintaining compliance. |
| Clause 8 – Insurance Requirements | Provider to hold specified insurances at all times. | Add: “TfNSW shall be notified of any material changes to insurance coverage within 14 days.” | Provides clarity on notification timelines without affecting obligations. |
| Clause 10 – Performance Reporting | Provider to submit regular performance reports. | Clarify: “Reporting format and frequency to be agreed upon during implementation phase.” | Allows alignment with TfNSW systems and avoids duplication of reporting effort. |
| Clause 12 – Termination | TfNSW may terminate immediately for breach. | Add: “Except in cases of serious misconduct or safety breach, Provider shall be given 14 days’ written notice to remedy any breach before termination.” | Encourages fairness and opportunity to rectify issues before termination. |
| Clause 14 – Intellectual Property | All materials developed become TfNSW property. | Add: “Provider retains ownership of pre-existing training materials and grants TfNSW a non-exclusive licence for their use in the program.” | Protects provider’s proprietary resources while granting TfNSW usage rights. |
| Clause 16 – Confidentiality | Provider must not disclose confidential information. | Clarify: “Confidentiality obligations shall not apply to information required by law to be disclosed.” | Ensures compliance with legal and regulatory disclosure requirements. |
| Clause 18 – Dispute Resolution | Parties to resolve disputes amicably. | Add: “Where disputes remain unresolved, parties agree to mediation before formal proceedings.” | Supports early and cooperative conflict resolution. |
| Clause 20 – Subcontracting | Provider must not subcontract without written consent. | Add: “Administrative or support functions (e.g., IT, accounting) may be subcontracted with prior notice.” | Recognises use of external administrative services without operational risk. |
| Clause 22 – Variation of Terms | Contract may only be varied by written agreement. | Add: “Variations may be initiated by either party through a formal change request.” | Clarifies process for future contract changes. |
4. Additional Clarifications Requested
Princess L Driving School Pty Ltd seeks further clarification on the following points to ensure mutual understanding and compliance:
- Performance Benchmarks: Confirmation of expected student completion and satisfaction rate metrics.
- Audit Process: Details on the frequency and scope of TfNSW audits.
- Data Security Requirements: Specification of any mandatory data management systems (e.g., TfNSW portals).
- Communication Protocol: Clarification on the preferred point of contact for contract administration.
5. Acceptance and Commitment
Princess L Driving School Pty Ltd confirms that these proposed amendments are provided in good faith to improve contractual clarity and collaboration.
The organisation remains committed to delivering all services under the final agreed contract in accordance with:
- NSW Government Procurement Guidelines
- TfNSW Safer Drivers Course Provider Standards
- Work Health and Safety Act 2011 (NSW)
6. Conclusion
These minor proposed amendments are designed to ensure the contract:
- Reflects operational realities of course delivery,
- Promotes accountability and transparency, and
- Supports a cooperative, long-term relationship between TfNSW and Princess L Driving School Pty Ltd.
