How your contract with us may be affected by a merger, acquisition or amalgamation

Carry out the necessary due diligence

Changes of control may have implications for your organisation’s eligibility to be contracted by us and continue to receive funding.

For this reason, it’s important you carry out the necessary due diligence before making any legally binding commitments involving a change of control in your organisation.

This includes ensuring all parties to the change of control understand the changes and how their organisations will be affected.

It’s to your advantage to notify us in advance of a change

If your organisation is proposing or negotiating a change of control involving a merger, acquisition or amalgamation, discuss it with your DCJ contract manager as far in advance as possible.

By talking to us about your plans, you’ll be in a better position to fully understand how the change may affect your eligibility to be contracted by us and continue to receive funding.

It’s best to have this discussion before the proposed change of control has been endorsed by your organisation’s governing body, and especially before you make any legally binding commitments.

Let us know:

• the nature of the arrangements
• the names of the parties involved (if you’re allowed to disclose them)
• which of the other parties are organisations contracted by us
• whether the arrangement involves establishing a new legal entity with its own ACN and/or ABN.

In particular, we need to know whether:

• the objectives of your organisation (as stated in the governing document) will change, or
• your organisation will be winding up its operations, and if you intend your contract to be transferred to another organisation.