You may already be using formal agreements to successfully operate social infrastructure. They help provide certainty of commitment from partners and set out the necessary ‘ground rules’ to support strong and enduring working relationships. Formal agreements can take many forms; some are legally binding, some are not. For example, a partnership agreement is a legal document which describes how the partners will work together to deliver your social infrastructure and associated services. Legal advice should be obtained by all partners prior to the signing of any agreements.
What does this conversation starter do?
Chances are you are working with partners who are very familiar with these types of agreements. As a result, this conversation starter provides questions and links to support discussion.
Who is this for?
This conversation starter is targeted to service planners and providers (including state agencies, local government and non-government organisations) and funding agencies who are new to the operation of integrated community hubs.
Tips for success
- Consider the complexity, costs and time (up to 18 months) required to finalise an agreement with multiple project partners.
- Consider forming a working group to consider what types of agreements you may need. For example, what are the ‘must haves’? This group should do the groundwork and develop a draft before seeking legal advice.
- Consider an appropriate allocation of partnership responsibilities (particularly if there is a lead agency).
- The partners are the focus of an agreement but avoid barriers to secondary organisations – e.g. groups which regularly use the facility.
- Consider how funding or financial arrangements (including in-kind contributions) will be reflected and monitored in the agreement.
- Conduct periodic reviews and develop a transition strategy early in the process to avoid being locked into an agreement that no longer works for you.
- Consider how your agreement will interact with, and support, other agreements you may have in place, such as Service Level Agreements (SLA), Memorandums of Understanding (MoU), etc.
Key Questions
Based on the Partnerships Resource Centre (PRC) the following questions could be considered:
- Who are the partners?
- What is the nature of the problem and why do we partner?
- What does the partnerships want to accomplish?
- What type of agreement could enable the vision?
- How could the agreement support delivery of community outcomes?
- When will the partnership do what?
- How will the partnership be implemented?
- What happens when things do not go as planned?
- The legal requirements and implications of the options.
The PRC has also produced a Partnering Agreement Scorecard which provides a matrix for producing and assessing an agreement.
What are the key steps?
An agreement assumes joint responsibility. The Australian Charities and Not-for-profits Commission (ACNC) provides a guide to working with partners with three stages:
- Entering an agreement
- Monitoring the relationship
- Renewal or transition.
Unique considerations
When planning a partnership to co-locate or integrate social service delivery consider incorporating the following:
- operational funding and review point
- existing and planned infrastructure (i.e. buildings)
- third party arrangements
- relationship with other current or future agreements.
Summarise key points from your model of service or operational model. For example:
- joint projects which expand service offerings
- flexible service delivery - the mix of services evolves to meet the changing needs of the community
- alignment of activities to avoid service duplication
- formal partnerships designed to outlast individual relationships
- agreed plans, protocols, and joint governance
- joint need analysis
- joint advocacy and funding submissions
- strategic planning towards embedded shared goals.
You could also include sections on:
- an evaluation framework - to be developed early in the project
- collaborative investment, including whole of budget and cost sharing model
- a safety and accessibility agreement, including privacy of information and blue card requirements (if necessary)
- how the partnership aligns with organisational policy frameworks and strategies
- how the partnership complies with Queensland and/or Australian Government policy and legislation.
Note that you may need to enter into multiple agreements, e.g. an overarching agreement and a site-specific agreement for each individual site.
Other resources
Australian Charities and Not-for-profits Commission
