All Employees should have signed a copy of the agreement below.
Attached is the agreement for reference.


BACKGROUND

The Employee is currently, or may become, employed by the Employer in a capacity that may involve access to sensitive and confidential information (the “Employment”). This Agreement applies to any current or future role held with the Employer. As part of this Employment, the Employee may receive or develop information that is confidential in nature (the “Permitted Purpose”).

IN CONSIDERATION OF

The Employer providing employment and access to confidential information, and for other valuable consideration, the parties agree as follows:

​1.0 Confidential Information

All information, whether verbal or written, shared by the Employer with the Employee is considered Confidential Information, regardless of when or how it was provided.

The Employee acknowledges that during their Employment, they may use, acquire, or contribute to information that is confidential and belongs exclusively to the Employer.

1.1 "Confidential Information" includes, but is not limited to:

- Client Information: names and contact details, care plans, communication records, services provided, session notes, and other information related to clients or their families.

- Business Operations: internal procedures, pricing, policies, training materials, staffing details, and service delivery models.

- Third-party Information: any data shared with the Employer under a non-disclosure agreement.

1.2 Confidential Information does not include information that:

- Is generally known in the support work or allied health industry;

- Becomes public through no fault of the Employee;

- Was already lawfully in the Employee's possession;

- Is independently developed without reference to the Employer's Confidential Information;

- Is lawfully obtained from another source with the right to share it.

​2.0 Confidential Obligations

The Employee agrees to maintain the strict confidentiality of all Confidential Information.

This obligation continues indefinitely beyond the termination or end of the Employment.

2.1 Disclosure is only permitted:

- With the Employer’s written consent; or

- When legally required (e.g., subpoena, court order), provided the Employer is notified in writing beforehand.

3. Notices

If the Employee is legally required to disclose Confidential Information, they must provide prompt written notice to the Employer.

If there is any breach of confidentiality, the Employee must immediately notify the Employer and take reasonable steps to recover the information and prevent further disclosure.

​4. Amendments

Any changes to this Agreement must be made in writing and signed by both parties.

5. Governing Law

This Agreement is governed by the laws of Victoria, Australia.

6. Non-Solicitation

The Employee agrees that during their employment and for a period of 12 months after the end of their employment with Gems. Support Co., they will not directly or indirectly solicit, contact, or accept work from any current or former client of Gems. Support Co. without prior written consent from the Employer.

The Employee further agrees not to encourage or entice any other employee, contractor, or affiliate of the Employer to leave the organisation or reduce their engagement with Gems. Support Co.

This clause is designed to protect the goodwill, client relationships, and business interests of Gems. Support Co.