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Contractor Management

Prior to engaging a Contractor, it is essential to obtain the necessary information to determine if it is appropriate to engage them as a Contractor.

Note: musicians and all teaching and related roles, including marking, based in Australia* must be paid via a HR Employment Contract.  Teaching includes but is not limited to, teaching undergraduate and post graduate courses, short courses and certificate courses.

*Engagement of staff based overseas for teaching activities requires approval from the Executive Director HR, as there are potential employer obligations that will vary from country to country.  Approval will only be given in exceptional circumstances.

The following information describes the process for Contractor Management.

  • Who is a Contractor?

    For the purposes of this Contractor Management process, a Contractor is anyone engaged by the University in an activity which involves a labour component performed in Australia, or performed by Australian residents overseas and will invoice for work done for payment via Accounts Payable.

    • Includes: Consultants
    • Excludes: Labour hire agencies and contracts for materials only
    • Excludes: Larger organisations with multiple employees who would cover the statutory obligations for those employees.
  • Engaging Overseas Contractors

    Prior to engaging overseas contractors, you must seek advice from HR via contractormgmt@adelaide.edu.au

    Requirements vary in different countries so it is likely external advice will be required. The cost of obtaining external advice will need to be covered by the area engaging the contractor.

  • Can staff and title holders also be Contractors?

    Please note the following:

    • Former staff may not be engaged as contractors, unless there has been a 3 month break in service and only if the services being provided differ from the work previously undertaken when employed by the University.
    • Existing staff may not be engaged as a contractor concurrently with their employment with the University.  The  Recruitment Procedure provides for the Executive Director, HR to approve a concurrent arrangement in exceptional circumstances.
    • Retired staff holding honorary titles and supporting the delivery of courses may not be engaged as contractors.

    More information can be found on the HR Recruitment webpage.

  • Why introduce Contractor Management?

    The University has legal obligations in relation to:

  • What do I need to do?

    Information about the Contractor must be obtained by the local area PRIOR to engagement.  Please follow the steps below;

    1. Contractor Questionnaire - to be completed by the Contractor and returned to the University staff member engaging the Contractor.  Based on the responses, use the flow chart to guide you and refer to the options below;
      • Company, Partnership or Trust - email Contractor Questionnaire and supporting information to finprosupport@adelaide.edu.au
      • Individual or Sole Trader - complete the Contractor Assessment Tool to determine the relationship;
        • Employee - HR Employment Contract needs to be set up - contact your HR Advisor
        • Contractor, or if not clear - email all forms and supporting information to finprosupport@adelaide.edu.au. The forms will be reviewed, and if required external advice will be sought.
    2. Once the outcome has been determined, you will be contacted to continue engagement through one of the following processes;
      • If Payroll Tax, Superannuation or Workers Compensation applies, you will be advised that a HR Employment Contract must be set up (contact your HR Advisor), or it may be more appropriate to engage via a labour hire agency.
      • If the engagement is found to be a genuine contracting engagement, you may be advised to complete a Consultancy Services Agreement and raise a Requisition in eProcurement*.  Contractors cannot be paid via a University corporate credit card.
        • *if the total cost of the Requisition is $20,000 or over, you must engage Strategic Procurement or seek an Exemption, refer to the Procurement Process.
    Conflict of Interest - where there is an actual, potential or perceived conflict of interest, a Disclosure of a Conflict of Interest Form must be completed.  Refer to the Conflict of Interest procedure or further information.

Honorariums

Honorariums are a one-time payment made to an individual (who is not an employee of the University) as a reward for a special or non-recurring voluntary activity for which a fee is not legally required and where payment is not expected. The amount must be small (e.g. $100 given to a volunteer in appreciation of their services). Honorariums should never exceed $300.

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    Payments over $300 are not considered honorariums, and if the recipient is not able to provide an invoice with an ABN then PAYG will be deducted.  Superannuation may also apply.

    Honorariums are considered assessable income for the recipient by the Australian Taxation Office if they are received for professional services voluntarily rendered.

    It is acceptable to reimburse volunteers token amounts to cover costs (e.g. transport, parking).
     
    Note: Fees paid to external examiners (sometimes called Examiner Honorariums) for Masters or Doctorate theses marking, not exceeding the rates recommended by Universities Australia, can be paid with no PAYG deduction. A Statement by Supplier form must be completed by the recipient for payments within Australia.
     
    Please contact your HR advisor or email contractormgmt@adelaide.edu.au or contact Finance & Procurement Services if you have any queries.
     

Payments to External Advisory Panel or Committee Members

Applicable to panel or committee members who attend meetings in an advisory capacity only and are not involved in the day to day running of any aspects of the University. The appointment of External Advisory Panel or Committee Members and the details of that appointment should be set out in a letter. The Contractor Assessment Tool and Questionnaire also need to be competed.

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    It is preferable for Panel Members to invoice the University of Adelaide either:
    • via their University or employing organisation
    • or with their own ABN (Note - superannuation is payable if individual/sole trader, not if the entity is a company, partnership or trust)

    If this is not possible, payment should be through the Other Payments Form via Kofax. If an invoice with no ABN has been supplied, this can be attached to the Other Payments Form. PAYG tax must be deducted at 47%, by entering a line on the Other Payments Form with a negative amount to account 7261 Department 999 Project 99999999. Superannuation is also payable.

    Where superannuation is payable an ATO Super Choice FormLink to external website must be submitted by the local area to super@adelaide.edu.au together with the panel member’s date of birth and postal address. It is the responsibility of the local area to send invoices/other payments forms to payroll@adelaide.edu.au so superannuation can be paid.

    Summary below:

    Invoice from University, Partnership, Company or Trust with ABN Invoice from Individual/Sole Trader with ABN Individual no ABN, paid via invoice or Other Payments Form
    PAYG Tax to be deducted No No Yes
    Superannuation Applies No Yes Yes

Related Forms & Information

Procurement
Address

Finance & Procurement Services
THE UNIVERSITY OF ADELAIDE
SA 5005 AUSTRALIA

Contact

T: +61 8 8313 3414
F: +61 8 8313 4350
finprosupport@adelaide.edu.au