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Entering into a health justice partnership

Memorandum of understanding resource kit

2018

Health Justice Australia | Entering into a health justice partnership 2018 1

About Health Justice Australia

Health Justice Australia is the national centre of excellence supporting the effectiveness and expansion of health justice partnerships (HJPs) through:

research and evaluation about health justice partnerships;

resources that support the practical elements of working in partnership between practitioners;

policy advocacy that achieves systemic change; and

brokering, mentoring and facilitating health justice partnerships.

Acknowledgements

Health Justice Australia acknowledges the support and contribution of many to the development of this resource, in particular Louisa Macdonald, Justice Connect, Clayton Utz, Inner Melbourne Community Legal, Legal Aid NSW, Women’s Legal Service QLD, Women’s Legal Centre ACT, Central Australia Women’s Legal Service, Gippsland Community Legal Service, Victoria Legal Aid, Springvale Monash Legal Service, Northern Territory Legal Aid Commission, Redfern Legal Centre and WEstjustice.

Suggested Citation

Health Justice Australia (2018) Entering into a health justice partnership – Memorandum of understanding resource kit. Sydney, Health Justice Australia.

Disclaimer

Health Justice Australia resources, templates and webpages are provided as information and do not constitute legal advice. They do not necessarily take account of all relevant legislation; are not intended to be a substitute for legal advice; and should not be relied upon as such. We recommend seeking independent legal advice in relation to any particular matters of concern that you or your organisation may have, including in relation to entering into a health justice partnership with another party.


Contents

Section 1 ............................................................................................................................................

Introduction 4

Why sign an MOU?..............................................................................................................

Who can use this toolkit?.....................................................................................................

How did we develop the template MOU?............................................................................

Using the template MOU.....................................................................................................

Other considerations when forming and maintaining health justice partnerships.................

Section 2 ............................................................................................................................................

Template health justice partnership Memorandum of Understanding..................................

Schedule 1.........................................................................................................................

Section 3 ..........................................................................................................................................

Health justice partnership MOU checklist...........................................................................


Section 1

Introduction This toolkit is designed to help new health justice partnerships (HJPs) get started and existing partnerships either document or review the way in which they work together.

As a national centre of excellence, an important part of Health Justice Australia’s role is creating resources to support health justice partnerships, based on the experience of our national network of practitioners working in these partnerships.

This resource is a response to HJP practitioners asking for guidance on developing an MOU. We are here to support best practice in this important work so don’t hesitate to get in touch if you have any questions. We can also support you in setting up and building an effective HJP.

Why sign an MOU?1

Predictability and understanding in partnership relationships is fundamental to their success.

An MOU is a useful tool that can:

document the intentions of how two or more partners are going to work together;

set a framework for collaboration between two or more partners; and

ensure that values, intentions and scope of each partner’s contributions are clear and agreed; but

be easily adapted as circumstances change.

Without an MOU it is easy for misunderstandings to arise between partners about their respective responsibilities.

You do not need to use this template, but we strongly recommend:

having an agreement; ensuring that the agreement covers key

matters (see the Checklist attached to this guide);

making sure it has been looked over by a lawyer, is easy to understand, and helps your partnership operate effectively.

Whether you are using this template or another format, keep in mind that there are no right answers or options. Your MOU should be true to your partnership. Also remember that effective partnerships are context specific, adapted to meet the needs of the communities that they serve.

MOUs should be drafted in the spirit of partnership. They are not commercial contracts, and are not intended to be legally binding. There should not be any traps for either party. Obligations should be kept as even and as clear as possible between partners. This guide, the template MOU and checklist for HJP negotiation contained in this document are designed to be read together, and can be downloaded here.

When you have finished adapting the template, remember to delete notes, and check that the document numbering and any cross-referencing is correct.

Who should use this toolkit?

The template MOU and this guide are designed for partnerships where two organisations plan to retain their separate identities but come together to deliver health justice outcomes. (It is not an agreement to set up terms of referral from one service to another, nor is it an agreement to establish a single organisation that employs both health and legal professionals).

1 There are a range of tools and resources to support effective partnerships and establishing MOUs, for example the Not-for-profit Law Information Hub


https://www.healthjustice.org.au/resources/practitioners/

How did we develop the template MOU?

HJA reviewed a number of existing health justice partnership MOUs and agreements, steering committee terms of reference and grant applications. We identified common matters for inclusion and developed a bank of exemplar clauses. We pulled these together into a template agreement, with instructions for use and alternatives built into it; and tested the template with health justice practitioners and those who advise them in their partnership agreements.

Using the template MOU and checklist

To make sure you have everything in order, consider ticking off the checklist as you work your way through the MOU (at the end of this resource kit).

Background: the introduction to your MOU

This clause is your opportunity to set the scene for the MOU by giving a brief description of each partner and the partnership. The template includes examples of how you can keep these descriptions brief and clear.

The background also notes the MOU does not intend to create legally binding obligations between the partners. Should your partnership wish to create a binding agreement, we recommend seeking independent legal advice.

Partnership objectives and values: some may be shared; some distinct

Shared objectives should frame your partnership. Clearly articulating them in your MOU allows you to keep focused. Hopefully, writing them out will also give you the foundations for a strong monitoring and evaluation plan. Clause 1.1 (A) of the template gives an example of how you can acknowledge shared objectives. It also includes some examples of common objectives drawn from existing MOUs. (Note that some objectives

will be closely related to the particularities of your planned partnership service, e.g. if you have a training component, you will have a training objective).

Each partner may also bring their own specific objectives, i.e. things that their organisation wants to achieve from the partnership. This is fine, but it is good to discuss and articulate these.

Your HJP can decide whether you would like to include an acknowledgement of shared values. Clause 1.2 of the template gives an example of shared values set out in an existing HJP agreement.

Term of the MOU

You can decide to put a term limit on the MOU, or let it run until it is terminated. In the template, Clause 2 is drafted to outline the commencement date of the partnership, and how long you intend the partnership to last in its form as captured within the MOU. It is also drafted to allow either party to seek review or termination of the health justice partnership at any time.

Contributions: shaping the descriptions of the service and limitations on the service

As indicated above, this resource has been developed for partnerships where a health partner and a legal partner each offer some element of their service to the partnership to achieve the objectives. The template expresses this through Clause 3, where the health partner agrees to deliver certain contributions, and Clause 4, where the legal partner agrees to deliver certain contributions. Schedule 1 expresses the details of these contributions, and forms part of the MOU. Schedule 1, or its equivalent in your MOU, is likely to be the starting point for your partnership discussions (though the objectives discussions should track alongside them.)

Schedule 1 in the template reflects the fact that common areas of provision for legal partners are: staff (lawyers); and training (delivered to health


staff). Common areas of provision for health partners are space (for lawyers to sit in); staff (to attend training and assist in other ways); and referral processes (like checklists, triage or making legal appointments). There are examples of different contributions in the template Schedule 1, based on existing HJP MOUs and agreements. Yours will reflect your own circumstances.

Your description of services should be as detailed as possible, with a time frame and location corresponding to each action as the template allows. Don’t be afraid to add categories of service or new contributions. (For example, there are no examples of secondary consultation arrangements in existing MOUs, so you will not find detailed examples of these in the Schedule.)

HJA recognises that many partnerships wish to exclude lawyers from providing advice that would complicate the relationship between the partners. For this reason we recommend including a provision like Clause 4.3 to clarify that partnership lawyers will not take advice from clients to act against a health partner or its employees. Some public or private health institutions will seek even wider limitations on medico-legal advice. As always, we recommend seeking independent legal advice that is specific to the needs of your partnership.

Managing and governing the partnerships

It is a good idea to include details in your MOU about how you will continue to work together as partners. In Clause 5 of the template, HJA has included some suggestions for you. We strongly suggest appointing one person as a coordinating officer in each partner organisation. Clause 5.3 suggests a way of expressing their areas of responsibility. Other options for managing the partnership include:

committing to open communications (template Clause 5.1);

holding regular partnership meetings (template Clause 5.4); and

appointing a partnership steering committee (template Clause 5.5).

Once you have decided on your management and governance structure, you should think about how policies and operating protocols for the partnership will be set (see template Clause 5.6).

Workplace safety, employment and insurance

It is important that workplace safety and insurances are addressed in the MOU as these are areas of risk and responsibility for each party. In the template MOU, Clause 6 is based on provisions relating to these areas in existing agreements. It imagines that the legal partner will have staff working on site with the health partner. For that reason, Clause 6 (A) commits the legal partner to following the workplace policies of the health partner. We assume that most partners will, for the sake of their relationship, wish to remain responsible for their own employees and insurances only, so template Clause 6 (B) is written on this basis.

Other general provisions in the template are standard recommended inclusions which help with reading the MOU.

Other considerations when forming and maintaining health justice partnerships

1. Reporting

HJA is committed to supporting all HJPs to ensure robust and rigorous data collection. Collecting and reporting data is an essential part of being able to measure the success of the partnership, or identify areas of the partnership that require adjustment and re-testing.

As each partnership is different, you should consider carefully what is appropriate for your context. Some partnerships have reporting requirements set by funders. All will have specific inputs, outputs and outcomes to measure under their monitoring and evaluation plan. (All partnerships should have one!) These context-


specific needs should drive the drafting of each partner’s reporting responsibilities. A final consideration is that, if a funder does have reporting requirements, one party should be given responsibility for that report, to ensure clarity in meeting this deliverable.

2. Funding

If your partnership involves external funding, ensure all partners understand every condition agreed to under your funding agreement. Nothing in your MOU should contradict its obligations as listed in your funding agreement. Include any additional points that you need in the MOU.

3. Information sharing, privacy and confidentiality

The information sharing arrangements in HJPs are often a point where partners have to spend some time establishing an understanding of each other’s obligations and positions. Health professionals have:

duties of confidentiality; obligations under their professional rules

and governing laws; and restrictions under privacy laws on what

they may do with personal health information.

Despite these obligations, health professionals can release patient information in some circumstances, for instance in line with mandatory reporting laws (exceptions in their duties, professional rules and privacy laws allow for this).

They can generally share the information within treating teams. In addition, they can always release confidential or personal information with consent.

Lawyers also have obligations to keep clients’ information confidential. Their obligation is more absolute and comes from various legal sources including the professional rules. It is true that, like health professionals, they can disclose client information with consent and in some other limited scenarios. However, lawyers are likely to strongly resist asking their clients for consent as lawyer-client communications are protected by legal professional privilege. This affects the disclosure of information in court as evidence, and can be lost if communication is shared widely.

Confidentiality and privacy laws should not be a barrier to the successful operation of the partnership. However, they require careful consideration and record keeping. We recommend partners begin by identifying what information they need to achieve their intended outcomes and then work from there to establish the systems that best support this, rather than starting from an assumption that no information can be shared. In existing partnerships, often legal partners will facilitate training and education for health partners in relation to legal professional privilege.

As a result of operating in partnership, each partner may learn about the other party’s finances, processes, human resources, or other information not in the public domain. We recommend including these forms of information in the early discussion about forming the partnership; and seeking independent legal advice should you wish to create binding confidentiality obligations between partners.


Section 2

Template health justice partnership Memorandum of Understanding

This health justice partnership Memorandum of Understanding (the MOU) is between:

[Insert full name of health partner] ABN [insert ABN of health partner] of [insert address] ([insert Health Partner name])

and

[Insert full name of legal partner] ABN [insert ABN of legal partner] of [insert registered address] ([insert Legal Partner name])

Background

Instructions (delete once MOU completed): This section of the MOU is a brief introduction to the context for the MOU. It is a description to assist the understanding of the rest the MOU. It should not contain obligations.

A. [Insert Health Partner name] is a [insert service type, e.g. community or area health service, hospital, GP clinic etc.] which serves the community of [insert place and / or community of users].

B. [Insert Legal Partner name] is a [insert service type, e.g. community, Aboriginal, family violence prevention, legal aid, non-government/ independent etc.] legal service which serves the community of [insert place and target population if applicable].

C. This MOU sets out a framework for [insert Health Partner name] and [insert Legal Partner name] to work together to create a successful health justice partnership at [insert location of HJP]. This MOU sets out the shared understandings on which this partnership will be based.

D. This MOU does not create legally binding obligations between [insert Health Partner name] and [insert Legal Partner name]. Rather, it sets out the intention of the parties to work together as detailed in this MOU.

E. Both organisations acknowledge that creating a successful health justice partnership will involve regular assessment and planning by them together as the partnership develops.

The understanding between [insert Health Partner name] and [insert Legal Partner name]

1. Partnership objectives and values

Instructions (delete once MOU completed): The purpose of this clause is to begin the MOU by a statement of objectives – both those that are shared between the partners and those that are particular to each partner. Partners should agree to their shared objectives and list them in the MOU. For e.g see below.

1.1 Objectives

A. [Insert Health Partner name] and [insert Legal Partner name] have entered into this partnership to:


a. address unmet legal need through the provision of legal assistance to people who need it but are otherwise unlikely to access legal help;

b. improve health and wellbeing by addressing health-harming legal problems;

c. strengthen ties between providers of legal assistance and health care for the benefit of the community;

d. build the capacity of health workers to identify and respond to their patients' legal needs through the provision of legal education and training;

e. build the capacity of lawyers to identify and respond to the health impacts of their clients’ legal needs through the provision of health education and training; and

f. [insert additional shared objectives as decided.]

1.2 Values

Instructions (delete once MOU completed): Including this clause gives partners a chance to discuss the values that are relevant to them. This list provides some suggestions.

A. Each party acknowledges that in this partnership they share commitments to:

a. focus on clients and their families/communities;

b. cooperation and collaboration;

c. regular and inclusive communication;

d. patient/client confidentiality;

e. transparency and accountability;

f. integrity, respect, dignity, compassion and honesty;

g. professionalism and ethical standards;

h. continuous improvement and outcomes measurement; and

i. delivering quality services for the people who need them.

2. Term

2.1 This MOU shall take effect from the date that it is signed by both parties.

2.2 The health justice partnership shall commence on [insert date] and shall expire on [insert date, for e.g., the third anniversary of commencement date].

2.3 The health justice partnership may be varied and / or extended by written agreement between [insert Health Partner name] and [insert Legal Partner name].

2.4 Either organisation may write to the other to request a review of this MOU, or a termination of the health justice partnership.


3. [Insert Health Partner’s name]'s contribution to the partnership

Instructions (delete once MOU completed): In this clause, the health partner agrees to perform certain actions. Since each partnership is different, these actions (the contributions) are described in Schedule 1. Generally, the health partner provides the space in which the partnership operates, releases their staff for training, and encourages staff to refer patients to legal services or adopts policies that integrate the legal service. The Schedule is where the MOU provides detail about contributions in this partnership.

3.1 [Insert Health Partner name] agrees to deliver the health partner contributions listed in Schedule 1 of this MOU.

4. [Insert Legal Partner’s name]'s contribution to the partnership

Instructions (delete once MOU completed): In this clause, the legal partner agrees to perform certain actions under the partnership. Since each partnership is different, these actions (the contributions) are described in Schedule 1. Generally, the legal partner provides a lawyer who gives advice. Often they provide training to health partner staff also. The Schedule is where the MOU should provide detail about contributions in this partnership.

4.1 [Insert Legal Partner name] agrees to deliver the legal partner contributions listed in Schedule 1 of this MOU.

4.2 [Insert Legal Partner name] has the discretion to refuse to provide legal advice to any person.

4.3 The health justice partnership will not provide legal advice in relation to a complaint about any services provided by or at [insert Health Partner name], including a complaint about a [insert Health Partner name] employee, a [insert Health Partner name] contractor, a medical staff visitor working at [insert Health Partner name], or a student in training at [insert Health Partner name].

Instructions (delete once MOU completed): Many HJP MOUs have a clause like this. Generally, health justice partnerships have no medico-legal focus, aiming instead to address the social determinants of health by identifying the legal needs of patients and communities through their health services. Partnership lawyers may choose or need to explicitly commit not to take instructions to act against their health partnership. This reassurance may strengthen the trust between partnership organisations and practitioners.

5. Managing and governing the partnership

Instructions (delete once MOU completed): There are a range of different mechanisms for managing and governing partnerships in existing agreements, e.g. governance committees or quarterly meetings. You will decide what is right for your partnership. We recommend including some information about how you will manage or govern your partnership in this agreement and provide the following clauses as suggestions.

5.1 Open communications

A. [Insert Health Partner name] and [insert Legal Partner name] agree to:

a. act in good faith in support of the partnership;

b. communicate openly about partnership successes and concerns;


c. promptly notify the other party if a circumstance arises affecting their own ability to meet commitments; and

d. seek to resolve disputes through discussions between partnership coordinating officers or other nominated representatives of [insert Health Partner name] and [insert Legal Partner name].

5.2 Appointment of coordinating officers

A. [Insert Health Partner name] will nominate an employee as the [insert Health Partner name] partnership coordinating officer.

B. [Insert Legal Partner name] will nominate an employee as the as the [insert Legal Partner name] partnership coordinating officer.

5.3 Coordinating officer responsibilities

A. The partnership coordinating officers will communicate with each other regularly to discuss the health justice partnership's operations, including:

a. services;

b. information sharing;

c. staffing; and

d. data collection.

5.4 Regular partnership meetings

A. [Insert Health Partner name] and [insert Legal Partner name] will hold partnership meetings at least once in every quarter. These meetings will be chaired by the partnership coordinating officers.

5.5 Steering committee

Instructions (delete once MOU completed): If your partnership has a steering committee, you may want to provide for its creation, responsibilities and operations here. Key considerations include ensuring enough staff to ensure sustainability of the partnership in the face of staff turnover.

A. [Insert Health Partner name] and [insert Legal Partner name] will nominate three members each to the Partnership Steering Committee.

B. The Partnership Steering Committee will:

a. provide strategic direction to the health justice partnership for the planning, implementation and evaluation of the health justice partnership;

b. develop partnership protocols, procedures and guidelines, including for:

i. reporting and evaluation

ii. maintaining patient/client confidentiality

iii. data collection


c. take on other roles as agreed.

C. The Steering Committee will meet [insert meeting frequency, e.g. monthly] for the duration of the partnership.

5.6. Protocols, procedures and guidelines

Instructions (delete once MOU completed): Protocols, procedures and guidelines that may be adopted to encompass patient referrals, collecting consents, storing information, providing confidential spaces, ensuring safety in the workplace or measuring and evaluating outcomes.

How your protocols, procedures and guidelines are developed depends on the structure that you have chosen for your HJP. E.g. if your HJP has a committee providing oversight, that committee may be tasked with approvals. Alternatively, your protocols, procedures and guidelines may be agreed between coordinating officers or at quarterly meetings. Once your HJP has settled your HJP’s process, you can include details in this clause.

A. [Insert Health Partner name] and [insert Legal Partner name] agree to comply with, and direct their staff members to comply with, all partnership protocols, procedures and guidelines.

B. [Insert any additional matters related to protocols, procedures and guidelines.]

6. Workplace safety, employment and insurance commitments

A. [Insert Legal Partner name] agrees that when its officers, employees or contractors are on [insert Health Partner name] property, they will:

a. observe all applicable workplace health and safety, security and evacuation procedures notified to [insert Legal Partner name];

b. comply with all reasonable directions of [insert Health Partner name], its officers, employees or agents; and

c. not erect or display advertising material without the approval of [insert Health Partner name].

B. Each party:

a. will maintain complete responsibility for all matters related to the employment, engagement and working conditions for their own employees;

b. warrants that their own insurance arrangements relating to employees are and will remain adequate and current during the term of this MOU, including but not limited to:

i. professional indemnity insurance;

ii. public liability insurance; and

iii. workers compensation insurance.

[Insert execution block]


Schedule 1

Instructions (delete once MOU completed): The contributions listed below are based on health justice partnership experience to date. Every partnership is unique. For your partnership, you need to: (i) include a reference to the agreed commitments on each side, with as much specificity as possible; but (ii) avoid commitments that are unrealistic or unachievable.

[Insert Health Partner name] contributions

Health partner provision Health partner contributions Time frame/ location

Staff [Insert Health Partner name] will name one staff member who is the [specify as relevant, e.g. partnership officer/ coordinator/liaison officer]

[Insert Health Partner name] will nominate and release appropriate staff members for training with [insert Legal Partner name] at times scheduled by partners working together

[In some partnerships the health partner provides interpreters. Insert this contribution as appropriate]

Throughout the partnership

[Specify training sessions to be completed [by x date] / [at x interval]]

Referrals [Insert Health Partner name] will encourage staff to refer clients to [insert Legal Partner name] in accordance with agreed guidelines

Where appropriate, [insert Health Partner name] will secure consent from a patient to share their information with [insert Legal Partner name] or a Partnership Lawyer

[Insert Health Partner name] staff will assess whether referral is appropriate using a checklist, consultation or by other agreed means

[Insert Health Partner name] will display a poster advertising the service/provide other mechanisms for the promotion of the service

[Insert Health Partner name] will take bookings/make appointments in an agreed



form for clients to see Partnership Lawyers

[Insert Health Partner name] will facilitate client attendance at appointment, if necessary

Space [Insert Health Partner name] will arrange for [insert Legal Partner name] representatives and Partnership Lawyers to have access to [insert Health Partner name] premises. [Insert Health Partner name] will also provide orientation and induction to the site for Partnership Lawyers

[Insert Health Partner name] acknowledges that the legal partner needs a private space to perform consultation, which is also safe for them, and agrees to make the following space available to the Partnership Lawyer at all times during [insert service hours]: [insert description of private space available to lawyer]

[Insert Health Partner name] will maintain OH&S and fire safety requirements in the workplace

[Examples of other things that Health Partner may be responsible for:

Phone access? Wireless internet connection, interpreting services, general use of equipment [storage space, computers], security etc.]

In setting where health workers wear duress alarms because of safety risks posed by patients, a lawyer may also be provided with a duress alarm on the general system


Filing and timing [In some partnerships e.g. in relation to the mental health tribunals, there are clear obligations around the process and timing of file provision – Health Partner might consider listing those steps here]


Training [Insert Health Partner name] agrees to provide [Insert Legal Partner name] with training on [insert Health Partner name] processes and services



[Insert Legal Partner name] contributions

Area of service provision Legal partner contributions Date(s) for delivery

Staff and advice [Insert Legal Partner name] will name one staff member who is the [specify as relevant, e.g. partnership officer/ coordinator/liaison officer]

[Insert Legal Partner name] will provide [insert number, at least one] suitably qualified and experienced lawyer at [insert the Service Location] between [insert the service hours]. (Frequency and hours can be varied by agreement between the partnership officers)

Partnership Lawyers will provide a legal service in line with the terms of this MOU and refer clients for ongoing legal support where required and appropriate

Partnership Lawyers will follow [insert Health Partner name] workplace procedures in relation to potential risks (e.g. OH&S / safety incidents reporting policies)

[Suggestions for consideration, will only be appropriate in limited circumstances]

[All Partnership Lawyers will notify the [appropriate Health Partner employee] on arrival]

[Telephone advice arrangements when lawyer not on site]

[Any requirements about prioritising clients e.g. Aboriginal and Torres Strait Islander peoples, victims of Domestic Violence, Centrelink recipients, people with disability, people with a mental illness, older people, young people, culturally and linguistically diverse people etc.]

[Partnership Lawyers will advise health workers in a secondary consultation arrangement according to developed guidelines]


Training [Insert Legal Partner name] will provide training to health professionals in relation to:

[Insert training sessions to be completed by [x date]]


[insert description of training subjects]

[Below are some examples of matters that could be included for consideration

- the program and its objectives;

- how to identify domestic violence/how to identify legal problems generally;

- how to refer;

- how to encourage disclosure;

- how to respond to disclosures of family violence; and

- what basic legal information and referral procedures exist.]

[Consider inserting description of what will be provided]

[Insert Legal Partner name] will provide face-to-face training sessions

[Insert Legal Partner name] will provide training materials for health workers to refer to in support of fact-to-face training

OR

[Insert trainings to be conducted on a quarterly basis on agreed dates]

Or

[Insert any other timing instructions as appropriate]

[Insert additional areas of service e.g. Communications and promotional materials]

[Insert details of obligations here]

[e.g. Produce a poster advertising service]

[Insert timing details here]


Section 3

Health justice partnership MOU checklist

Partner information

Name of Health Partner [insert name]

Registered address of health partner [insert address]

Health Partner coordinating officer [insert name, title and contact details]

Name of Legal Partner [insert name]

Registered address of legal partner [insert address]

Legal Partner coordinating officer [insert name, title and contact details]

Checklist

Discussion point/action MOU Clause/Guide consideration

Ensure that each partner understands the other’s organisation, goals, structure and community of service Background

If the HJP concerns a particular health issue or population, ensure that each side understands the other’s expertise and approach to the issue Background

Identify clearly the shared objectives of the partnership Clause 1

Discuss whether either partner comes to the partnership with additional, specific objectives. If so, articulate these Clause 1


Discuss whether to include a list of shared values Clause 1

Decide if you want a fixed term and/or review of the partnership and MOU on a regular schedule (considering your resources). Remember an alternative is just to terminate or review when 1 party requests Clause 2

Decide what the contributions (or areas of general activity) of the health partner and legal partner are going to be, and clearly define these in Schedule 1 (adding, removing, and amending content in the template Schedule 1 as appropriate) Schedule 1

Set limitations on giving medico-legal advice Clause 4

Decide responsibilities of coordinating officers Clause 5

Agree governance structure and responsibilities for policies and protocol development Clause 5

Discuss dispute resolution process Clause 5

Check you have a workplace safety and insurances clause which is appropriate for your partnership Clause 6

Decide what reports each partner should be responsible for Guide consideration 1

Check your third party funding arrangements (if you have them) to see if anything else needs to be included in the MOU Guide consideration 2

Discuss information sharing and decide what needs to be included about this in your agreement Guide consideration 3

Once the MOU is complete, remove all instructions and square brackets used to enclose names and suggested content. Throughout

Seek independent legal advice: should any of the provisions or clauses in the MOU be unclear; to ensure your MOU is an accurate reflection of the context in which your partnership is operating; for general advice in relation to the drafting of partnership documents and; before entering into a new partnership; or if you wish to create a binding agreement between

Throughout


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