Clause 29

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Copy of financial statements Disclosure document Disclosure of materially relevant facts End of term arrangements Keeping certain information and documents Prohibition on release from liability etc Jurisdiction for settling disputes Costs of settling disputes Effect of restraint of trade clause if franchise agreement not extended Termination—cooling off period Termination—breach by franchisee Termination—no breach by franchisee Termination—special circumstances Capital expenditure Marketing and advertising fees Disclosure of former franchisee details Association of franchisees or prospective franchisees Internal complaint handling procedure Resolving disputes When a party is taken to be trying to resolve a dispute Right to bring proceedings unaffected Notification of dispute Termination of mediation Costs of mediation Mediation adviser First page Franchisor details Business experience Payments to agents Existing franchises Master franchises Intellectual property Franchise site or territory Supply of goods or services to a franchisee Supply of goods or services by a franchisee Supply of goods or services—online sales Sites or territories Other payments Marketing or other cooperative funds Unilateral variation of franchise agreement Arrangements to apply at the end of the franchise agreement Amendment of franchise agreement on transfer of franchise Earnings information Financial details This code is the Franchising Code of Conduct.

The purpose of this code is to regulate the conduct of participants in franchising towards other participants in franchising. Provisions of this code that do not apply to certain franchise agreements. This is the obligation to act in good faith. Franchise agreement cannot limit or exclude the obligation. Other actions may be taken consistently with the obligation. A master franchisor need not comply with the requirements of this Part in relation to a subfranchisee. Disclosure document to inform franchisee or prospective franchisee.

If the disclosure document attaches other documents, the table of contents must list these other documents too. Subdivision A — Disclosure obligations. Subdivision B — Notification obligations. Subdivision C — Record keeping obligations.

Supplemental Content

A franchise agreement must not contain a clause that requires the franchisee to pay to the franchisor costs incurred by the franchisor in relation to settling a dispute under the agreement, and if it does, the clause is of no effect. A franchisor must not engage in conduct that would restrict or impair:.

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A party to a franchise agreement the complainant who has a dispute with another party to the franchise agreement may:. This Part does not affect the right of a party to a franchise agreement to bring legal proceedings, whether under the franchise agreement or otherwise. Subdivision A — Notification of dispute. Subdivision B — Mediation. The Minister is to appoint a mediation adviser for this Part. Annexure 1 — Disclosure document for franchisee or prospective franchisee. This disclosure document contains some of the information you need in order to make an informed decision about whether to enter into a franchise agreement.

Clause 29 of the Children and Social Work Bill

It should be read together with the information statement you have received. Entering into a franchise agreement is a serious undertaking. Franchising is a business and, like any business, the franchise or franchisor could fail during the franchise term. This could have consequences for the franchisee. A franchise agreement is legally binding on you if you sign it. You are entitled to a waiting period of 14 days before you enter into this agreement. If you decide to terminate the agreement during the cooling off period, the franchisor must, within 14 days, return all payments whether of money or of other valuable consideration made by you to the franchisor under the agreement.

Take your time, read all the documents carefully, talk to other franchisees and assess your own financial resources and capabilities to deal with the requirements of the franchised business. You should make your own enquiries about the franchise and about the business of the franchise.

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You should get independent legal, accounting and business advice before signing the franchise agreement. It is often prudent to prepare a business plan and projections for profit and cash flow. You should also consider educational courses, particularly if you have not operated a business before. The franchisee does not have the option to renew the franchise agreement.

At the end of the franchise agreement, the franchisor may, but does not have to, extend the term of the agreement. If the franchisor does not extend the term of the agreement, the franchise agreement ends and the franchisee no longer has a right to carry on the franchised business. The franchisee cannot extend the term of the franchise agreement. If the franchisor does not do so, the franchise agreement ends and the franchisee no longer has a right to carry on the franchised business. The franchisee does not have the option to renew the franchise agreement and cannot extend the term of the franchise agreement.

The franchisor does not give earnings information about a [ insert type of franchise ] franchise. Earnings may vary between franchises.

The franchisor cannot estimate earnings for a particular franchise. Annexure 2 — Information statement for prospective franchisee.

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  4. This document is not a complete guide to franchising, it is a starting point. It should be combined with your own independent legal, accounting or business advice and the disclosure document provided by the franchisor. Entering a franchise is a big decision. Before you do so, you should:.

    Conduct due diligence — this means researching the franchise system and talking to current and former franchisees. The Franchising Code of Conduct sets out the rights and obligations of the people involved in a franchising relationship. You should also consider taking a specialist franchising or business course before making a decision to enter a franchise agreement. There are free, online education courses available for prospective franchisees.

    What is franchising?

    Clause 29 of the Children and Social Work Bill

    Franchising is a model for doing business. When you enter a franchise agreement, the franchisor controls the name, brand and business system you are going to use. The franchisor grants you the right to operate a business in line with its system, usually for a set period of time.

    There is no guarantee you will be able to keep your franchise business after the initial period of the agreement ends. Franchisors and franchisees must comply with the Franchising Code of Conduct, which exists under the Competition and Consumer Act , as well as consumer and company laws.

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    The Franchising Code sets out minimum requirements for a franchisor to provide specific information to you. A franchise agreement, once entered into, is a legally binding contract that sets out the terms of the franchise. Why consider franchising? A franchise can offer particular benefits over other types of businesses. These are not necessarily the fault of workers themselves, but rather reflect issues caused by unnecessary bureaucracy, or by outdated ideas. These include making provision for increased funding of Social Care so that organizations are better resourced and more fully staffed.

    Such a measure could have the knock-on effect of improving working conditions — paying for better office facilities, updating IT systems, and so forth. It could also mean that more money is available for staffing — which means less agency workers, more continuity of care, better strained staff, more availability of training, and perhaps most importantly REDUCED CASELOADS because there are an adequate number of staff to share the workload.

    Then there is perhaps the issue of addressing legislation. I understand that there may be objectors who say this is too hard to do — but research is commissioned all the time. Could researchers not be commissioned to carry out a review of legislation, along the lines of a literature review?

    My feeling is that it is vitally important, now, to understand and to be clear as to what legislation DOES work, in terms of providing and facilitating beneficial outcomes for vulnerable children. Meanwhile, we also need to make ourselves aware of the legislation that does not work so well, or not at all; as well as any legislation that conflicts with other pieces of law.

    Alas, I do feel that it is morally and ethically wrong to trial an approach to overturning or scrapping ineffective legislation that involved directly impacting upon the lives of vulnerable kids. A literature review styled study would NOT directly affect kids, but it would look at what various pieces of legislation are meant to be doing, and whether they do it. In other words, methods of working with them, and providing care for them, that are currently completely untried and untested could simply be brought in at will, with the children and their families having no recourse to existing legislation, or to any other form of safeguard should things go wrong.

    The problem with the WHOLE of this bill, and not just this clause alone, is that there has been little transparency, and rather an air of secrecy and defensiveness surrounding it. If the people whom it is most to affect are not permitted to have their say, to be heard, and truly listened to, then it is little surprise when they react negatively. There is nothing wrong — in theory — with the belief that Social Work staff need to be assisted to help vulnerable children in the most effective way possible.

    The unfortunate truth is that this may be the case. As highlighted above, lack of funding and resources has lead in some cases to working conditions that would make it pretty hard for ANYONE to do a good job. The starting point in terms of understanding should be that it was believed existing legislation was there for a purpose.

    If not, then WHY does it exist? However, the safeguarding of children is a complex process — one that is NOT cut-and-dried. Sometimes, the application of legislation can make a process appear to be more lengthy and drawn out than it needs to be. A good example is fostering and adoption. Many people complain that it takes too long for a child to be fostered or adopted. Now, that may be so, and indeed that IS a frustrating situation. However, checks of potential foster and adoptive carers ARE necessary, because the last thing that is wanted is for the vulnerable child to leave one dysfunctional home, only to end up in another because the correct checks were not done.

    We CANNOT for one moment make sweeping assumptions that a family member, or friend, of a parent who is to have their child cared for would automatically make a safe and appropriate carer. Often, in families where abuse and neglect is taking place — carried out by the parents of the vulnerable child — other family members and friends know, or suspect, the abuse.