Communities and Justice

What you need to know and do

To comply with the terms and conditions of your contract with DCJ, you’re required to complete several tasks before and after a contract ends, regardless of how the contract ended.

These tasks include (but are not limited to):

  • working with DCJ to provide continuity of service delivery until existing services transition
  • responding to financial obligations, records, data and reporting requirements
  • addressing assets purchased with DCJ funds, which may be disposal
  • attending to matters related to your personnel.

Your contract manager will contact you prior to the end of contract and will be in regular communication.  However, it is also important you maintain contact with your contract manager during the end of contract process to discuss any concerns to ensure you can meet these requirements within the specified timeframe.

Continuity of service delivery and transitioning clients

It is important you work with DCJ to ensure that services continue to support clients and families without disruption as the contract ends (whether expiry or termination), in line with the provisions in the contract.

You’re required to work with your DCJ contract manager to maintain a line of communication as contracts end and as services are winding up, transferring to deliver a new service on behalf of DCJ or transferring services to another service provider. It is important you maintain contact with your contract manager to ensure a smooth transition and to resolve any issues or concerns about service delivery as clients transition to new services.

If the contract is terminated for cause, you’re required to provide this assistance at your cost.

Records, data and reporting

On expiry or termination of the contract, DCJ may direct you to:

  • deliver to us or destroy, all our confidential information and any material or records you hold or control for provision of the services as agreed in the contract.

In accordance with the provisions in the contract, on expiry or termination of the contract you must:

  • within 20 business days provide any outstanding reports or data due to DCJ under the contract
  • provide us with any reports and records that we reasonably require you to provide.

You’re required to provide us with access to premises, records and any copies of records for a period of 7 years after the expiry or termination of the contract.

Record management

In accordance with the provisions in the contract, you’re required to keep full and accurate records in relation to the contract for a period of 7 years after the expiry or termination of the contract (or such longer period as may be required by law or specified by DCJ).  

Returning client information and records is based on your contract obligations, these may depend on program requirements and the following circumstances: 

  • if existing clients are transferring services to a new provider, client information will transfer to the new provider in accordance with information sharing and privacy requirements 
  • if clients are transferring to a new service with the existing provider, client information will remain with the provider.
  • if clients are not transferring to a new service, the provider is required to retain the records for at least 7 years (as defined in your contract) unless you have been advised by the program of a difference.

All records must be managed in accordance with NSW Government recordkeeping and management requirements, including the State Records Act 1998.

This applies to all service providers, except for PSP providers, who must manage records in accordance with Section 170 of the Children and Young Persons (Care and Protection) Act 1998.

Financial obligations

Financial accountability

Regardless of how the contract ends – expiry or termination – at the end of the contract, within 20 business days, you’re required to provide DCJ with:

The PACS contract-level accountability form is the same form for the contract-level accountability for 2025-2026 financial year. Some of the references related to the 2025-2026 annual accountability is not relevant for end of contract, for example, the hyperlinks to guidance about annual accountability. Please don’t refer to the information in the hyperlinks when completing the form for the contract ending.

All three forms must be submitted using the PACS Portal.

Your contract manager will work with you to ensure this is completed in a reasonable timeframe.

Returning unspent funds

You’re required to repay unspent funds to DCJ within 20 business days following the expiry or termination of the contract.  This is inclusive for all contracts ending, regardless of how the contract ends.  

In line with the unspent funds policy, unspent funds less than $250 are not required to be returned to DCJ.

Returning unspent funds - DCJ’s preference is that providers use Electronic Funds Transfer (EFT) to repay unspent funds, however the return of funds may be made by cheque.

Retention of unspent funds - Due to your contract ending all funds over $250 must be returned to DCJ.

Unspent funds cannot be retained and transferred over to a new contract and cannot be transferred over to any existing contracts you may have with DCJ.

Please refer to the unspent funds policy for further information. 

Your contract manager will work with you to ensure this is completed in a reasonable timeframe.

Contracts ending 30 June

Where contracts end at the end of the financial year, you’re required to use the end of contract process, and, within 20 business days of the end of contract term you're required to:

  • submit the end of contract accountability forms for contracts ending on 30 June 2026. These forms include:
  • submit contract level asset register and provide the written down value of assets disposed purchased or leased using DCJ funds, that have received DCJ prior approval
  • submit any outstanding reports or data due to DCJ under the Agreement
  • repay any unspent funds to DCJ, or a timeframe agreed with DCJ.

Annual accountability requirements

Contracts that have expired or terminated, are not included in the annual accountability process for these contracts.

Annual accountability requirements will differ for service providers as follows:

1. Providers with an ongoing contractual relationship with DCJ - for other existing contracts with DCJ

Are required to participate in annual accountability, in line with provisions in the contract and DCJ annual accountability requirements at the end of the financial year.

If your organisation has other contracts with DCJ,  you’re required to complete annual accountability for those contracts. You’re required to:

  • submit financial requirements for the corporate-level, and
  • contract-level accountability requirements for other ongoing contracts with DCJ
  • refer to the DCJ annual accountability requirements for further information about annual accountability 

2. Providers who haven’t been offered a new contract and who don’t have any other contracts with DCJ. 

You’re not required to participate in the annual accountability process.

You’re required to comply with the end of contract accountability process instead, by submitting an:

Your contract manager will work with you to ensure your financial obligations is completed in a reasonable timeframe.

Assets

Your contract obligations require you to maintain an accurate Asset Register and provide a copy of the asset register to DCJ:

  • within 20 business days of expiry or termination, and 
  • provide the written-down value of any assets disposed, with DCJ prior approval, (calculated using ATO depreciation rates) 

Your contract manager will discuss the treatment of assets with you, this may include:

  • disposal of the asset in a timeframe agreed with DCJ, for the best price reasonably obtainable and pay to DCJ within 20 business days, or a date that is reasonably agreed of the date of the disposal the proceeds (minus your share of purchase cost and reasonable disposal costs) or
  • continue using the asset under terms approved in writing by DCJ.

The treatment depends on the type of asset, the circumstances in which it’s being used and, potentially, how the asset may be used to support future service delivery. 

Your contract manager will work with you to ensure this is completed in a reasonable timeframe.

Insurance

You must maintain adequate insurance policies with a reputable insurer during the contract term, as required in your contract with us.

This includes all policies necessary to comply with your legal obligations and cover your business and operational risks in relation to the contract.

Seek independent legal advice about your obligations and liabilities to determine whether you may be required to maintain policies on a claim made basis for a minimum of 6 years after the end of your contract.

We encourage you to seek independent legal advice regarding your obligations both during and after the contract term.

Personnel and human resources

You’re solely responsible for all personnel employed, engaged or supported by the contract funds, and obliged to pay all wages, entitlements, superannuation, payroll and other associated costs applicable to your personnel, in accordance with provisions in the contract.

You’re expected to support your personnel and have policies and procedures in place to support them during the end-of-contract process.

Workers compensation, long service leave and redundancy

Oncosts like workers compensation or long service leave incurred before the end of the contract can be provisioned in the contract funds, provided they are directly linked to services or obligations that occurred while the contract was active.

If the funds are not provisioned, and incurred after the contract ends, workers compensation or long service leave cannot be paid using contract funds, even if they relate to obligations accrued during the term.

In terms of redundancy, contract funds can’t be used. Redundancy payments are considered an employer responsibility. 

You must meet these obligations from other sources. 

Subcontracting

Any approved subcontracting arrangements you have with a third party to deliver part of the services under the contract, will end with the end of the contract term.

You’re responsible for managing relationships with third party subcontractors before the contract ends.

Recommissioning and subcontracting

If you identify subcontracting arrangements during recommissioning processes for new contracts, you must inform your contract manager to seek approval during contract negotiations. Approved subcontracting arrangements during contract negotiations, are pre-approved and are identified in your new contract.

After a new contract is in place, if you consider you require subcontracting arrangements or changes to pre-approved subcontracting arrangements you must seek DCJ’s consent. Refer to DCJ’s subcontracting policy. 

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