Recruitment Partner Terms and Conditions

Agreement and Definitions

In these Terms:

A reference to writing includes email, invoice, electronic acceptance, CRM records and written Portal communications. Headings do not limit the meaning of these Terms.

Program Purpose

AusPath operates a technology-enabled, human-managed candidate matching, onboarding and workforce-delivery service.

The program allows approved Recruitment Partners to:

• search available candidate profiles;
• submit genuine employer job orders;
• introduce candidates they have identified;
• request AI-supported candidate matching;
• receive Indicative Shortlists;
• review candidate potential before activation;
• authorise AusPath to begin material candidate work;
• request candidate interviews;
• outsource agreed candidate-side work;
• coordinate candidate documents and onboarding; and
• coordinate with authorised migration professionals where required.

Approval and Access

Recruitment Partner access is subject to AusPath approval and is not automatic.

AusPath may request information required to verify:

• business identity, registration and ownership;
• recruitment activity and employer relationships;
• professional reputation and compliance capability;
• relevant licences or permissions;
• intended Portal use; and
• authorised Portal users.

Approval provides a limited, non-exclusive, non-transferable and revocable right to access the Portal and use AusPath services for genuine recruitment activity.

Access does not transfer ownership of candidate data, databases, software, systems, processes or AusPath intellectual property.

Candidate Delivery Service Model

Subject to an Accepted Job Order, applicable payments and the agreed scope, AusPath may operate as the Recruitment Partner’s outsourced candidate onboarding and delivery service.

Services may include:

• candidate database searching;
• AI-supported matching and human review;
• candidate comparison and shortlisting;
• interest and availability confirmation;
• candidate profile and CV preparation;
• document collection and organisation;
• interview preparation and scheduling;
• offer and employment-contract follow-up;
• candidate communication and engagement;
• pre-employment coordination;
• migration-provider coordination;
• relocation preparation; and
• commencement support.

The Recruitment Partner retains the employer relationship unless otherwise agreed in writing.

Job Orders

The Recruitment Partner must provide sufficient and accurate information for AusPath to assess and accept a vacancy.

Information may include:

• the employer’s identity and recruitment authority;
• job title, duties and Candidate Requirement;
• mandatory qualifications, registration and experience;
• employment location and work arrangements;
• salary, benefits and employment conditions;
• visa or sponsorship information;
• preferred commencement date;
• selection criteria; and
• the interview and decision process.

AusPath may decline, pause or close a job order where:

• the vacancy or employer authority cannot be verified;
• essential information is incomplete or misleading;
• the proposed terms appear unlawful or unreasonable;
• candidate-welfare concerns arise;
• sponsorship arrangements are unclear;
• timely employer feedback is not provided;
• invoices are overdue; or
• continuing would create legal, operational or reputational risk.

Candidate Sources

The Recruitment Partner may:

• search the Candidate Directory;
• submit candidates it has already identified;
• request AusPath Candidates;
• request comparison of candidate groups; or
• request onboarding support for its own candidates.

Before submitting a Recruiter-Introduced Candidate, the Recruitment Partner must:

• have a lawful basis to provide the information;
• inform the candidate that AusPath may process their information;
• obtain required consents;
• ensure information supplied is accurate and current; and
• disclose any representation dispute.

AusPath may decline a Recruiter-Introduced Candidate where:

• the candidate has not consented;
• the candidate is already registered with AusPath;
• there is conflicting recruiter representation;
• the candidate does not meet reasonable requirements;
• information is materially inaccurate; or
• compliance or candidate-welfare concerns arise.

Candidate Directory and AI-Supported Matching

Approved Recruitment Partners may review candidate information made available through the Candidate Directory, subject to privacy and access restrictions.

AusPath may use AI-supported tools to compare job-order requirements with candidate profile information.

AI-supported matching:

• is a search and decision-support tool only;
• may reduce manual database searching;
• does not guarantee every suitable candidate will be identified;
• does not guarantee candidate suitability or availability;
• does not independently verify every candidate statement;
• does not make employment, registration or visa decisions; and
• does not replace recruiter or employer judgement.

The Recruitment Partner and employer remain responsible for interviews, reference checks, credential verification and final hiring decisions.

Indicative Shortlists Before Activation

AusPath may search its existing candidate database and provide an Indicative Shortlist before requiring an Activation Payment.

An Indicative Shortlist:

• may be provided without a placement payment;
• is intended to demonstrate potential candidate alignment;
• may contain limited, redacted or summary information;
• does not confirm candidate interest or availability;
• does not represent final screening or verification;
• does not guarantee interviews can be arranged;
• does not transfer candidate ownership or contact rights; and
• does not require AusPath to provide unlimited free searches.

AusPath may limit Indicative Shortlists where requests are speculative, repetitive, incomplete or unrelated to genuine employer vacancies.

Candidate and Job-Order Activation

The Accepted Job Order becomes activated when the Recruitment Partner reviews the available candidate information and authorises AusPath to begin Material Candidate-Delivery Work.

Material Candidate-Delivery Work may include:

• directly contacting candidates about the role;
• confirming genuine interest and availability;
• conducting detailed suitability reviews;
• preparing candidate profiles;
• preparing candidates for interview;
• arranging or coordinating interviews;
• reviewing or coordinating candidate documents;
• supporting offers and employment contracts; or
• starting candidate onboarding.

Activation may be authorised through:

• the Portal or CRM;
• a job-order record;
• email or another written instruction;
• an instruction to contact or prepare candidates;
• an interview request;
• payment of the Activation Payment; or
• another clear instruction to begin material candidate work.

Recruitment Partner Responsibilities

The Recruitment Partner must:

• develop and manage genuine employer relationships;
• obtain authority to recruit for each employer;
• provide accurate role and employment information;
• state the number of candidates required;
• ensure vacancies and conditions are lawful;
• review candidate information and shortlists;
• authorise activation before material work begins;
• manage employer communication and feedback;
• promptly disclose interviews, offers, contracts and commencements;
• confirm sponsorship intentions where relevant;
• identify the intended migration provider;
• pay applicable fees when due; and
• cooperate reasonably with AusPath delivery activities.

The Recruitment Partner must not:

• submit false or non-existent vacancies;
• understate the Candidate Requirement;
• promise employment, sponsorship, registration or visa approval;
• misrepresent candidate information;
• improperly alter candidate documents;
• scrape or replicate Portal information;
• share Portal credentials;
• charge candidates prohibited fees;
• bypass AusPath or conceal candidate engagements;
• use candidate information for unrelated marketing; or
• represent that it can legally bind AusPath.

AusPath Responsibilities

Subject to availability, payment, cooperation and the agreed scope, AusPath may:

• provide Portal and Candidate Directory access;
• search and compare candidates;
• provide Indicative Shortlists;
• confirm candidate interest and availability after activation;
• support candidate profiles and CV presentation;
• coordinate candidate documents;
• prepare and schedule interviews;
• maintain candidate communication;
• follow up offers and employment contracts;
• coordinate agreed pre-employment activities;
• coordinate with the appointed migration provider; and
• support relocation and commencement activities.

AusPath may determine the reasonable personnel, technology, methods, systems and sequencing used to perform its services.

Candidate Communication and Interviews

AusPath may shortlist, contact, prepare or arrange interviews with more candidates than the Candidate Requirement where reasonably required to run the recruitment process.

The number of candidates shortlisted, contacted, presented or interviewed does not increase the Activation Payment.

AusPath may:

• confirm candidate interest and availability;
• explain the vacancy and interview process;
• prepare candidates for interviews;
• coordinate scheduling and reminders;
• communicate relevant feedback;
• support offer discussions; and
• continue candidate communication through onboarding.

The Recruitment Partner must not:

• encourage a candidate to bypass AusPath;
• move a candidate externally to avoid fees;
• solicit candidates for unrelated roles without authority;
• request that a candidate withdraw from AusPath;
• obtain candidate details under false pretences; or
• disclose candidate information to unrelated parties.

Migration and Visa-Process Coordination

Where a Supported Candidate may require immigration assistance, the Recruitment Partner or employer may use:

• a registered migration agent connected through AusPath;
• its own registered migration agent;
• an appropriately authorised legal practitioner; or
• another person legally authorised to provide the assistance.

AusPath may provide administrative coordination, including:

• collecting and organising candidate documents;
• coordinating appointments and information requests;
• facilitating communications;
• tracking candidate-side milestones;
• following up outstanding candidate items; and
• supporting relocation and commencement planning.

Migration-agent, legal and government charges are separate third-party costs unless expressly included in a written agreement.

Accepted Job Order Activation

The Activation Payment applies to every Accepted Job Order and is calculated as:

For example:

The Activation Payment:

• is payable once per Accepted Job Order;
• is calculated on the Candidate Requirement;
• is not calculated on the number shortlisted;
• is not calculated on the number contacted;
• is not calculated on the number interviewed;
• is not a per-candidate-shortlisted charge;
• is not a per-interview charge;
• is not a batch payment;
• must be paid before Material Candidate-Delivery Work begins;
• is the first payment stage of the commercial model;
• is not credited against signing or commencement invoices;
• is non-refundable once material work begins; and
• does not include third-party costs.

AusPath may shortlist, contact, prepare or coordinate interviews with more candidates than the Candidate Requirement without increasing the Activation Payment.

The Activation Payment remains payable in full where:

• fewer candidates are ultimately placed than requested;
• a candidate withdraws;
• an employer does not select every required candidate;
• the Recruitment Partner or employer delays the process;
• no candidate signs; or
• no candidate commences.

This is because the Activation Payment covers the work required to activate and run the Accepted Job Order, including candidate engagement, interest and availability confirmation, candidate preparation and interview coordination.

Where the Recruitment Partner or employer later requires additional candidates beyond the original Candidate Requirement, the additional requirement constitutes a new Accepted Job Order and attracts a separate Activation Payment.

Standard Placement Fees

The Contract Signed payment is payable when the candidate:

• signs an employment agreement;
• signs a binding employment contract;
• accepts another binding paid-engagement agreement; or
• otherwise becomes legally committed to the engagement.

The Employment Started payment is payable when the candidate first:

• performs paid work;
• attends paid induction or training;
• commences paid employment duties; or
• otherwise begins the agreed paid engagement.

If no candidate signs or commences, no Contract Signed or Employment Started payment arises. The Activation Payment remains payable in accordance with clause 15.

In the second example, the activation component for the unfilled position remains payable because the Accepted Job Order was activated and candidate-delivery work was performed. No signing or commencement payment arises for the unfilled position.

Invoicing and Payment

Unless an invoice or written agreement states otherwise:

• invoices are payable within seven calendar days;
• fees are earned when the relevant milestone occurs;
• the Activation Payment must be paid before Material Candidate-Delivery Work begins;
• the Recruitment Partner must disclose milestone events promptly;
• AusPath may invoice using information from the candidate or employer;
• amounts must not be withheld or set off without lawful entitlement; and
• clearly disclosed payment-processing charges may be added.

AusPath may record the Accepted Job Order, Candidate Requirement, Activation Payment and milestone events in the Portal, CRM, invoice, email or job-order record.

Where payment is overdue, AusPath may:

• suspend Portal access;
• pause candidate work, interviews or onboarding;
• withhold further introductions;
• issue payment reminders;
• recover reasonable debt-recovery costs where permitted; and
• terminate the relationship for continued non-payment.

When AusPath Fees Apply

An applicable placement fee is payable where a Supported Candidate is hired or engaged as a result of or in connection with:

• the Candidate Directory;
• an AusPath database search;
• an Indicative Shortlist;
• an AusPath introduction;
• candidate engagement, preparation or onboarding;
• an interview coordinated by AusPath;
• candidate information supplied through AusPath;
• migration-provider coordination; or
• another direct or indirect AusPath-supported process.

The fee remains payable where:

• the candidate is hired into a different or related role;
• the candidate is hired by a Related Entity;
• the candidate is hired at another location;
• the candidate is engaged as an employee, contractor or consultant;
• the engagement is delayed and completed later;
• the candidate is transferred to another recruiter or employer;
• the employer contracts directly with the candidate; or
• the engagement occurs during the protection period.

A fee is not duplicated merely because both parties had prior awareness of a candidate. AusPath fees apply where AusPath materially performs or provides the candidate services covered by these Terms.

Membership, GST and Third-Party Costs

Standard Membership Fees

The first 30 approved Recruitment Partners may receive:

• the joining fee waived for the life of the approved account; and
• the monthly access fee waived for the life of the approved account.

A lifetime-free membership waiver:

• is subject to written approval and availability;
• applies only to membership and Portal-access fees;
• does not waive Activation Payments or placement fees;
• has no cash value;
• cannot be transferred; and
• may be withdrawn for breach, fraud, misuse or circumvention.

Membership fees are separate from and additional to Activation Payments, placement fees and third-party costs.

GST

Unless expressly stated otherwise, all fees are exclusive of GST. Applicable GST must be paid in addition.

Third-Party Costs

AusPath fees do not include third-party costs unless expressly confirmed in writing.

Third-party costs may include:

• government and visa charges;
• migration-agent and legal fees;
• registration and skills-assessment fees;
• English testing, examinations and training;
• medical examinations and police checks;
• biometrics, translations and certification;
• insurance, travel and accommodation;
• relocation and licensing expenses; and
• regulated overseas-deployment costs.

No Prohibited Candidate Charging

The Recruitment Partner must not charge a candidate for:

• job introduction or employer access;
• recruitment or placement;
• interview access;
• Portal access;
• sponsorship access;
• securing an offer; or
• a service falsely represented as mandatory AusPath support.

This does not prohibit a lawful, optional and separately disclosed fee for a genuine service provided by an appropriately authorised third party, provided:

• the fee and service are lawful;
• the candidate gives informed consent;
• the provider holds required authority;
• the fee is not a disguised placement or sponsorship charge; and
• AusPath branding is not used without permission.

Candidate Withdrawal and Replacement Support

Where a candidate signs an employment agreement but does not commence:

• the Contract Signed payment remains payable;
• the Employment Started payment does not become payable; and
• AusPath may endeavour to provide replacement support.

Subject to this clause, AusPath will endeavour to provide one replacement candidate where an eligible Supported Candidate:

• withdraws after signing;
• fails to commence; or
• ceases employment within 90 days after commencement.

Replacement support is available only where:

• all AusPath invoices have been paid;
• written notice is given within seven days;
• the employer and Recruitment Partner acted lawfully;
• the role and conditions were not materially changed;
• the candidate was not dismissed unreasonably;
• the replacement vacancy is substantially the same;
• the parties cooperate with AusPath; and
• AusPath receives a genuine opportunity to replace the candidate.

Replacement support:

• is a service and not a cash refund;
• depends on suitable candidate availability;
• does not guarantee a replacement timeframe;
• does not cover third-party costs;
• does not renew for the replacement candidate; and
• may be refused where the issue was caused by the employer or recruiter.

An eligible replacement under the same Accepted Job Order does not attract a further Activation Payment, provided the replacement does not increase the original Candidate Requirement.

The Contract Signed and Employment Started payments apply to the replacement candidate when the corresponding milestones occur, subject to any written credit or adjustment confirmed by AusPath.

Confidentiality

Each party must protect non-public information obtained through the relationship, including:

• candidate identities, details, CVs and documents;
• employer identities and job orders;
• shortlists and candidate assessments;
• commercial terms and fee structures;
• Portal information and system access;
• business processes and technology; and
• other information reasonably understood to be confidential.

Confidential information may be used only for legitimate recruitment and placement activity under these Terms.

Candidate information may be shared only with:

• the genuine prospective employer;
• personnel directly involved in hiring;
• the appointed authorised migration professional;
• approved service providers with a legitimate need; and
• professional advisers bound by confidentiality.

Privacy and Candidate Data

Candidate information may be used only for the purpose for which it was lawfully collected or another use permitted by law.

The Recruitment Partner must:

• handle candidate data securely;
• restrict access to authorised personnel;
• collect and retain only reasonably required information;
• avoid unnecessary downloading and copying;
• keep information accurate where practicable;
• delete or de-identify information when no longer required;
• comply with applicable privacy laws;
• notify AusPath promptly of suspected loss or breach; and
• follow reasonable AusPath security directions.

Candidate information must not be:

• sold or commercially exploited outside the placement;
• scraped or mass-downloaded;
• published or distributed publicly;
• used for unrelated direct marketing;
• uploaded into unrelated databases;
• provided to unrelated recruiters;
• used to build a competing candidate database; or
• disclosed overseas without a lawful basis and safeguards.

Non-Circumvention and Candidate Protection

AusPath Candidates and Supported Candidates remain protected for 24 months from the latest of:

• the candidate becoming visible to the Recruitment Partner;
• the candidate being submitted into the AusPath process;
• the candidate appearing in a search or shortlist;
• the Accepted Job Order being activated;
• an interview being requested or arranged;
• the candidate being introduced to an employer; or
• the most recent material communication about the candidate.

During the protection period, the Recruitment Partner must not:

• bypass AusPath to avoid fees;
• conceal a candidate engagement;
• encourage an employer or candidate to contract outside the process;
• transfer a candidate to another recruiter to avoid fees;
• use AusPath work product for an unreported engagement; or
• structure an engagement to defeat these Terms.

Where a protected candidate is hired or engaged during the protection period, the applicable fee remains payable.

Professional Conduct and Legal Compliance

The Recruitment Partner must:

• act honestly, professionally and lawfully;
• treat candidates fairly and respectfully;
• provide accurate vacancy and employer information;
• avoid misleading or deceptive statements;
• comply with workplace and anti-discrimination laws;
• respect migrant-worker rights;
• protect privacy and confidentiality;
• communicate employer decisions promptly;
• avoid unauthorised representations for AusPath; and
• avoid conduct that could damage candidates, employers or AusPath.

No Employment, Registration, Sponsorship or Visa Guarantee

AusPath does not guarantee:

• that a suitable candidate will be available;
• that the full Candidate Requirement will be filled;
• that a candidate will accept an interview or offer;
• that an employer will proceed;
• that candidate information is complete or accurate;
• that professional registration or skills assessment will succeed;
• that an employer can or will sponsor;
• that a visa will be granted;
• that processing will occur within a stated period;
• that a candidate will commence by a particular date; or
• that a candidate will remain employed for a particular period.

Portal Security and Intellectual Property

The Recruitment Partner must keep Portal credentials secure and is responsible for account activity unless unauthorised access is promptly reported.

All rights in the following remain with AusPath or the relevant owner:

• the Portal, software and databases;
• AI-supported matching systems;
• candidate-profile and shortlist formats;
• workflows and business processes;
• branding, written content and materials;
• reports and presentation templates; and
• other AusPath intellectual property.

The Recruitment Partner must not copy, reverse engineer, reproduce, resell, sublicense or use the materials to create a competing service.

Suspension and Termination

AusPath may immediately suspend or terminate access for:

• candidate-data misuse;
• circumvention or concealed placements;
• fraud or material misrepresentation;
• understatement of a Candidate Requirement;
• prohibited candidate charging;
• serious professional misconduct;
• unauthorised Portal access;
• repeated or material non-payment;
• misuse of AusPath branding;
• unlawful recruitment or migration activity; or
• conduct creating material risk.

Either party may otherwise terminate the relationship by giving 30 days’ written notice.

Termination does not affect accrued payment obligations, Activation Payments, protected-candidate fees, confidentiality, privacy, intellectual-property rights, liability provisions or the 24-month protection period.

Limitation of Liability and Indemnity

Limitation of Liability

To the fullest extent permitted by law, AusPath is not liable for:

• employer hiring or employment decisions;
• candidate withdrawal or employment cessation;
• failure to fill all positions in a job order;
• visa, registration or skills-assessment refusal;
• government or third-party delay;
• employer, recruiter or candidate misconduct;
• inaccurate information supplied by another party;
• third-party service failure;
• loss of anticipated profit or opportunity; or
• indirect, special or consequential loss.

Nothing excludes a right or remedy that cannot lawfully be excluded.

Where liability cannot be excluded, AusPath’s aggregate liability arising from a particular job order or placement is limited, to the extent permitted by law, to the AusPath fees paid for the matter giving rise to the claim.

Recruitment Partner Indemnity

The Recruitment Partner indemnifies AusPath against loss, damage, liability, claim or reasonable cost arising from:

• the Recruitment Partner’s breach of these Terms;
• misuse or unlawful disclosure of candidate information;
• false or misleading employer or job information;
• understatement of the Candidate Requirement;
• unauthorised representations;
• unlawful candidate charging;
• circumvention or concealed placements;
• privacy or security breaches caused by the Recruitment Partner;
• the Recruitment Partner’s employer relationship; or
• negligent, fraudulent or unlawful conduct.

The indemnity does not apply to the extent the relevant loss was caused by AusPath’s negligence, unlawful conduct or material breach.

Disputes and General Terms

Dispute Resolution

A party raising a dispute must give written notice describing the issue, relevant facts, outcome sought and supporting information.

The parties must attempt in good faith to resolve the dispute through direct discussion. If unresolved within 14 days, either party may propose mediation before commencing court proceedings, except where urgent relief, debt recovery or protection of confidential information is required.

Independent Contractors

The parties are independent contractors. Nothing creates employment, partnership, joint venture, franchise, fiduciary relationship or authority for one party to legally bind the other.

Notices

Notices may be sent to the most recent business email address provided by the receiving party. A notice is taken to be received on the next business day unless a delivery-failure notification is received.

Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

Entire Agreement and Order of Precedence

These Terms, together with the Recruitment Partner application, Accepted Job Orders, invoices, written fee confirmations, Portal policies, privacy notices and written variations form the agreement between the parties.

Where a specific written job-order agreement conflicts with these Terms, the specific agreement prevails for that job order to the extent of the inconsistency.

AusPath may update these Terms by publishing an updated version and giving reasonable notice. An update will not retrospectively alter a fee already earned unless required by law or agreed in writing.

If a provision is invalid or unenforceable, it is to be read down where possible and the remaining provisions continue in effect.