Our terms are in accordance to the International Au Pair Association (IAPA) Program Guidelines and in line with the International Code of Conduct.
The Au Pair in Australia Program is currently under review with the ATO, Fair Work and Immigration.
It is our intention to get official recognition for the au pair program as Cultural Exchange under an informal arrangement and therefore be excluded from employment responsibilities and newly introduced backpacker tax.
I/We understand that by applying to become a host family with Smart Cultural Exchange, trading as Smartaupairs, we accept these terms.
Our service to source and introduce
Smartaupairs agrees to source and introduce au pair candidates for the Host Families consideration for any placements up to a 6 months’ duration with the Host family and Smartaupairs agrees to provide reasonable ongoing support for the duration of the placement.
The Host Family confirms that all information supplied to Smartaupairs is honest, correct and complete. By providing information, the Host Family consents to the processing of this information in accordance with the Smartaupairs Safety and Privacy Statement.
Smartaupairs will start the Host Family’s search after telephone consultation, receipt of non-refundable activation fee, family references and a Police Check for every adult (18+) living in your household.
Smartaupairs supplies details of selected candidate(s) to the Host Family and Family information to the selected candidates.
If no relevant candidates are available at the time of activation, details of suitable candidates will be provided as soon as possible. The Host Family can interview some or all of the candidates introduced.
Every effort is made by Smartaupairs to ensure that candidates introduced to the Host Family are suitable for the Au Pair Program. It is the responsibility of the Host Family be satisfied as to the suitability of the Candidate for their family.
The Au Pair in Australia Program
The au pair selected by the host family will assist with day-to-day childcare duties, 10 days per fortnight, up to 40 hours per week and maximum 10 hours per day. No sole care for babies under one.
The Host Family agrees to provide the au pair with:
• An opportunity to be treated as a member of the Host Family and take part in daily family life as a ‘big sister’ (or brother)
• Free board and accommodation in a private, fully furnished room
• Weekly pocket money in compliance with International Au Pair Program
• Compulsory completion bonus of $500 at the end of the 6 months program
• Two free days per week, at least every alternate weekend off and public holidays free
• Guidance, support and training (handbook template provided)
• Transport to/from nearest International arrival Airport or Orientation to Host Family home
The host family agrees to read and adhere to the Program Guidelines ‘what is an au pair’.
Au Pair driving, vehicle use and insurance;
It is the responsibility of the Host Family to assess the driving ability of the Au Pair before granting permission to operate any vehicle belonging to the host family and to include the au pair as a driver on the vehicle/s insurance policy.
In the event of an insurance claim, the Host Family is responsible for paying any excess relating to the claim if the au pair was required to drive the vehicle as part of her duties.
If the vehicle was used for private use, the Au Pair is responsible for the excess relating to the claim.
Vehicle use and carinsurance excess is to be specified on the au pair invitation.
Confirming your placement
Legal relationship of the Au Pair to the Program
The Host Family understands and agrees that the Au Pair is not an employee/agent of Smartaupairs or the Au Pair Program. In Australia, there is no generally applicable or acceptable legal definition of an au pair.
There is no intention to create a contractual or legal relationship between the Host Family and the Au Pair.
The Smartaupairs’ Invitation is signed to acknowledge that the au pair is not an employee; does not have and does not intend to have a contract with the Host Family or Smartaupairs.
The Au Pair’s motivations are to take part in an Au Pair Cultural Exchange Program to experience family life in Australia.
We recommend that you seek advice regarding your responsibilities, including Australian tax and Super requirements.
Every Au Pair must apply for the appropriate Working With Children’s check in the State where the Host Family is residing. The Host Family is required to verify the application of their au pair, prior to her being given childcare responsibilities.
The placement fee is due the moment that Host Family invites one of our au pairs. Smartaupairs will e-mail placement fee invoice and payment will automatically be processed on the card provided for the activation fee, unless otherwise agreed. The Host family will be held liable for any charges incurred in the debt recovery of overdue invoices.
Problem resolution and replacement
There is no warranty as to the satisfaction or the compatibility of any candidate as an Au Pair for your Host Family. Smartaupairs will make reasonable attempts to resolve difficulties, however, if Smartaupairs determines that the placement cannot continue, we aim to facilitate a replacement.
Our long term fee includes a free 30 day replacement guarantee.
The Host Family is required to give 2 weeks’ notice in the event they decide to terminate the placement. During this rematch period the host family is required to provide free board and accommodation to the au pair.
Pocket money or completion bonus is not to be reduced without written approval from Smartaupairs.
Asking your au pair to leave without required notice will result in forfeiture of replacement. Costs incurred by the au pair or by the Agency on the Au Pair’s behalf will be charged to the Host Family (For example, but not limited to, accommodation and transport)
In the event of a candidate needing to leave during the guarantee period, either for personal reasons or due to unsuitability, the Host Family must notify Smartaupairs in writing immediately and within the guarantee period stating the reason for unsuitability. Unsatisfactory levels of English are not regarded as reasonable grounds for a free replacement and should be assessed during interview.
Smartaupairs cannot guarantee that a candidate is available for immediate replacement; due to seasonal shortages, a delayed start date may be encountered.
A replacement is offered on a like-for-like basis. Replacements are subject to punctual payment of full Fee and full compliance with terms.
If Smartaupairs determines that the discontinuation of the placement is due to the Host Family’s failure to abide by these terms, or the Program Guidelines or, if there is a material deviation from the role agreed with Smartaupairs, the replacement guarantee becomes void.
No refunds are payable.
Upon expiry of the guarantee period it is agreed that the engagement is satisfactory. If the candidate leaves after the guarantee period, agency fees apply for further placements.
In the unlikely event that the au pair decides to cancel after initial acceptance, Smartaupairs will find a replacement as per replacement guarantee. If the Host Family decides to cancel after the au pair has accepted, the placement fee still applies, the placement fee applies to cover re-match costs of au pair.
Activation fees, credits and replacements are valid for 3 months unless otherwise agreed in writing.
Release of Claims Against Smartaupairs and the Au Pair Program
The Host Family unconditionally releases Smartaupairs from any claims for damage, injury, loss or expense of any sort incurred in connection with hosting an au pair. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by the au pair, agents acting on behalf of Smartaupairs or members of the team of Smartaupairs.
This application shall be governed by the law of the State of New South Wales and any disputes arising under this Application that cannot be settled amicably shall be brought before the courts sitting in the State of New South Wales, Australia.
I/We understand that this is a legally binding contract and that we have been advised to seek legal advice if we do not understand the terms. By agreeing to these terms, we acknowledge that we have read and understand the provisions of this contract and agree to abide by these terms.
Fees & terms are subject to change without prior notice.
Smart Cultural Exchange Pty Ltd
ACN 146 911 462
Trading as Smartaupairs
(Smart Au Pairs)
Proud members of
IAPA – International Au Pair Association
CAPAA – Cultural Au Pair Association of Australia
Updated January 2017