Terms and conditions
Welcome to Smart Au Pairs Australia, operated by TRAVEL ACTIVE AU PAIR PTY LTD trading as Smart Au Pairs Educational Exchange. Before you use our website or our services, please take a moment to read and understand the following terms and conditions. By accessing our website and utilizing our services, you agree to comply with and be bound by these terms and conditions, as well as any other terms and conditions that specifically apply to the services and information provided by Smart Au Pairs Australia.
If you do not agree to these terms and conditions, please do not register or use our website or services.
Compliance with industry standards
Our services are provided in accordance with the International Au Pair Association (IAPA) Program Guidelines and are in line with the International Code of Conduct for au pairs. Smart Au Pairs Australia seeks official recognition of the au pair program as a Cultural Exchange under an informal arrangement, thereby excluding it from employment responsibilities and any newly introduced backpacker tax.
By applying to become a host family with TRAVEL ACTIVE AU PAIR PTY LTD, trading as Smart Au Pairs Australia, you acknowledge and accept these terms.
Smart Au Pairs Australia carefully reviews each host family application and reserves the right to decline family applications for various reasons, including but not limited to locations outside our support area, children's ages or special conditions, or roles that involve responsibilities outside the program.
If Smart Au Pairs Australia decides to further consider a family application, a detailed telephone consultation will be conducted to initiate the search process. The search is activated upon:
- Payment of a non-refundable activation fee.
- Verification of family references.
- Receipt of a Police Check for every adult (18+) living in your home.
Smart Au Pairs Australia agrees to source and introduce au pair candidates for host families, considering placements that can last up to 6 months. We also commit to providing reasonable ongoing support for the duration of the placement.
Host families confirm that all information supplied to Smart Au Pairs Australia is honest, correct, and complete, and they consent to the processing of this information in accordance with Smart Au Pairs Australia's Safety and Privacy Statement.
We provide details of selected candidate(s) to the host family and share family information with the selected candidates. Au pair profiles should only be viewed online, and downloading or copying them is strictly prohibited in compliance with European Data Protection as defined in GDPR.
If no suitable candidates are available at the time of activation, details of suitable candidates will be provided as soon as possible. Host families can communicate with some or all of the introduced candidates.
It is the responsibility of the host family to assess the suitability of the candidate for their family. Smart Au Pairs Australia makes every effort to ensure the suitability of candidates but does not guarantee it.
The Au Pair Program
The au pair selected by the host family may assist with day-to-day childcare duties. We recommend that families limit the au pair's working hours to a maximum of 35 hours per week and no more than 10 hours per day. Au pairs should not be asked to provide sole care for babies or provide sole overnight care, as they are not qualified child carers. Instead, they join the family for a cultural exchange experience with limited responsibility.
The host family agrees to provide the au pair with:
- Adequate time and assistance to open a bank account and obtain a mandatory Working With Children Check during the first week.
- Time and assistance to attend au pair Social Events organised by Smart Au Pairs.
- Guidance, support, and training, especially during the first weeks (a handbook template is provided).
- An opportunity to be treated as a member of the family and take part in daily family life as a 'big sister' (or brother). This may include the inclusion of the au pair on family holidays.
- Free board and accommodation in a private, fully furnished room in a clean, safe, and comfortable home.
- Weekly pocket money in compliance with the International Au Pair Program.
- A compulsory completion payment of $600 at the end of the 6-month program.
- Two free days per week, at least every alternate weekend off, and public holidays free, allowing the au pair to fully experience the cultural exchange.
- Transport to/from the nearest international arrival airport to the host family's home.
The host family also agrees to read and adhere to Smart Au Pairs Australia's Program Guidelines, specifically 'What is an au pair.'
Au pair driving, vehicle use, and insurance
It is the responsibility of the host family to assess the au pair's driving ability before granting permission to operate any vehicle belonging to the host family. The host family must also include the au pair as a driver on the vehicle(s) insurance policy.
In the event of an insurance claim, if the au pair was required to drive the vehicle as part of their duties, the host family is responsible for paying any excess related to the claim. If the vehicle was used for private purposes, the au pair is responsible for the excess related to the claim. Vehicle use and car insurance excess details must 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 or agent of Smart Au Pairs Australia or the Au Pair Program. In Australia, there is no generally applicable or acceptable legal definition of an au pair.
For the purpose of providing accommodation for your au pair, Smart Au Pairs Australia adheres to the standards of the Homestay Program, read the Homestay Standards.
There is no intention to create a contractual, legal, or employment relationship between the host family and the au pair. The Smart Au Pairs Australia's Invitation is signed to acknowledge that the au pair is not an employee and does not have, nor intends to have, a contract with the host family or Smart Au Pairs Australia.
The au pair's motivations are to take part in an Au Pair Cultural Exchange Program to experience family life in Australia and receive the full benefits of this experience.
We recommend that you seek advice regarding your financial responsibilities, including Australian tax and superannuation requirements.
It is strongly recommended that all host families contact their Home & Contents insurance to inform them that an au pair is residing in their home.
Every au pair must apply for the appropriate Working With Children's check in the state where the host family resides. The host family is required to verify the application of their au pair before entrusting them with childcare responsibilities. Any child-safety concerns must be reported to Smart Au Pairs Australia immediately.
The placement fee is due the day the host family invites one of our au pairs. Smart Au Pairs Australia will email a 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
The host family is required to notify Smart Au Pairs Australia in writing of any changes to their circumstances that may affect the au pair experience, such as new pets, smoking, family members moving in/out, changes in marital status, contact details, or employment. Smart Au Pairs Australia reserves the right to cancel or terminate an au pair placement.
While we make reasonable attempts to resolve difficulties, if Smart Au Pairs Australia 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 must give 2 weeks' notice if they decide to end the placement during this period. During this rematch period, the host family is required to provide free board and accommodation to the au pair.
Pocket money or completion bonus cannot be reduced without written approval from Smart Au Pairs Australia. 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. This includes, but is not limited to, accommodation and transport costs.
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 Smart Au Pairs Australia 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 the interview.
Please note that Smart Au Pairs Australia cannot guarantee the immediate availability of a replacement due to seasonal shortages, and a delayed start date may occur. Replacements are offered on a like-for-like basis and are subject to punctual payment of the full fee and full compliance with these terms and conditions.
If Smart Au Pairs Australia determines that the discontinuation of the placement is due to the host family's failure to abide by these terms, the Program Guidelines, or if there is a material deviation from the role agreed upon with Smart Au Pairs Australia, the replacement guarantee becomes void, and no refunds are payable.
Upon the 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, Smart Au Pairs Australia will find a replacement as per the replacement guarantee. If the host family decides to cancel after the au pair has accepted, the placement fee still applies, covering re-match costs.
Activation fees, credits, and replacements are valid for 3 months unless otherwise agreed in writing.
Release of claims against Smart Au Pairs Australia and the au pair program
The host family unconditionally releases Smart Au Pairs Australia 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 Smart Au Pairs Australia, or members of the Smart Au Pairs Australia team.
The host family understands that the au pair is not an employee or agent of Smart Au Pairs Australia, and it is the responsibility of the host family to seek independent advice regarding any responsibilities relating to employment law, tax, and superannuation.
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.
By agreeing to these terms, you acknowledge that this is a legally binding contract, and you have been advised to seek legal advice if you do not understand the terms. You also acknowledge that you have read and understand the provisions of this contract and agree to abide by these terms.
Fees and terms are subject to change without prior notice.
TRAVEL ACTIVE AU PAIR PTY LTD
Trading as Smart Au Pairs Educational Exchange
Proud members of:
- IAPA – International Au Pair Association
- CAPAA – Cultural Au Pair Association of Australia
CAPAA has sought legal advice on the nature of a relationship between an au pair, a placement agency, and a host family, and whether it forms an employment relationship. Each au pair relationship is unique. The following table will assist families in forming an opinion about their own personal circumstances.
Updated November 2023