tiktok˰

Separation And Release Agreement for Australia

Separation And Release Agreement Template for Australia

A comprehensive legal document used in Australian employment law that formalizes the termination of employment relationship between an employer and employee. It sets out the terms and conditions of the separation, including financial settlements, ongoing obligations, and mutual releases of claims. The agreement complies with Australian federal employment legislation, including the Fair Work Act 2009, and relevant state laws, providing legal protection for both parties while ensuring all statutory obligations are met. It typically includes provisions for confidentiality, non-disparagement, and the settlement of all potential claims, while specifically addressing Australian employment law requirements and tax implications.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Separation And Release Agreement

Let tiktok˰'s market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Separation And Release Agreement?

The Separation and Release Agreement is a critical document in Australian employment law used when ending an employment relationship through mutual agreement or as part of a negotiated exit. It serves to document the terms of separation while providing legal protection for both employer and employee. This agreement is particularly important in scenarios involving senior executives, sensitive departures, or situations where there might be potential claims under Australian employment law. The document typically includes comprehensive details about financial settlements, statutory entitlements, confidentiality obligations, and mutual releases, all structured to comply with Australian federal and state employment regulations. It's designed to create a clean break while managing legal risks and ensuring all obligations under Australian employment law are properly addressed.

What sections should be included in a Separation And Release Agreement?

1. Parties: Identifies the employer and employee entering into the agreement, including their full legal names and relevant details

2. Background: Sets out the context of the agreement, including employment history, reason for separation, and basis for the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Separation Terms: Specifies the effective date of employment termination and immediate obligations of both parties

5. Financial Settlement: Details all payments to be made, including final salary, notice period, statutory entitlements, and any additional payments

6. Release of Claims: Comprehensive release of legal claims by the employee against the employer, with specific exclusions if applicable

7. Confidentiality: Obligations regarding confidential information and trade secrets post-employment

8. Return of Property: Requirements for returning company property and documents

9. Non-Disparagement: Mutual obligations to refrain from making negative statements about each other

10. Tax Treatment: Clarification of tax implications and responsibilities for payment of taxes

11. References: Agreement on the nature and content of employment references

12. Governing Law: Specifies that Australian law governs the agreement and jurisdiction for disputes

13. General Provisions: Standard clauses including entire agreement, severability, and amendments

What sections are optional to include in a Separation And Release Agreement?

1. Post-Employment Restrictions: Non-compete and non-solicitation provisions, used when protecting business interests is crucial

2. Ongoing Cooperation: Terms for employee assistance in transition or future matters, used when handover or future cooperation might be needed

3. Equity/Share Options: Treatment of any equity-based compensation, used when employee has share options or similar benefits

4. Medical Benefits: Continuation or termination of health benefits, used when applicable to the employment arrangement

5. Outplacement Services: Provision of career transition support, used when offered as part of the separation package

6. Intellectual Property: Specific IP provisions and assignments, used when employee was involved in creative or innovative work

7. Garden Leave: Terms of any garden leave period, used when employee is to remain employed but not working during notice period

8. Legal Advice: Acknowledgment of independent legal advice, used when ensuring agreement enforceability is particularly important

What schedules should be included in a Separation And Release Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including statutory entitlements, ex-gratia payments, and other benefits

2. Schedule 2 - Company Property: Itemized list of company property to be returned

3. Schedule 3 - Confidential Information: Specific details of confidential information and trade secrets covered by confidentiality obligations

4. Appendix A - Statutory Declaration: Employee's declaration regarding return of property and confidential information

5. Appendix B - Deed of Release: Formal deed of release for legal claims

6. Appendix C - Reference Letter: Agreed form of written reference

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions








































Clauses

































Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Mining and Resources

Education

Construction

Telecommunications

Media and Entertainment

Government and Public Sector

Non-Profit Organizations

Transportation and Logistics

Energy and Utilities

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compliance

Risk Management

People & Culture

Industrial Relations

Payroll

Corporate Governance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Technical Lead

Sales Director

Operations Manager

Human Resources Director

Legal Counsel

Financial Controller

Regional Manager

Account Executive

Senior Engineer

Marketing Director

Research Scientist

Product Manager

Business Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Generic Waiver Of Liability

An Australian-compliant liability waiver that protects businesses and service providers from legal claims while respecting mandatory consumer protections.

find out more

Vehicle Damage Release Form

An Australian legal document used to settle and release claims related to vehicle damage incidents, compliant with federal and state liability laws.

find out more

Severance Agreement And Release Of Claims

An Australian legal agreement documenting employment termination terms, severance package details, and mutual release of claims between employer and employee.

find out more

Release And Covenant Not To Sue

An Australian law-governed agreement where one party releases another from legal claims and agrees not to pursue future legal action regarding specified matters.

find out more

Press Release Contract

An Australian-law governed agreement establishing terms and conditions for press release services between a client and PR service provider.

find out more

Film Release Agreement

An Australian legal agreement governing film distribution rights and exhibition terms, compliant with Australian media and copyright laws.

find out more

Co Performer Release Agreement

An Australian legal agreement establishing rights and permissions between multiple performers involved in the same performance or recording, governed by Australian federal and state laws.

find out more

Commercial Lease Release Form

An Australian legal document that terminates a commercial lease and releases parties from their ongoing lease obligations.

find out more

Contractor Waiver Of Liability

An Australian-compliant waiver of liability agreement between a business and contractor, outlining risk assumptions and liability limitations while preserving statutory rights.

find out more

Settlement And Release Letter

An Australian jurisdiction document that formalizes settlement terms and releases between parties, combining legal enforceability with a more accessible letter format.

find out more

Video Release Agreement

An Australian-compliant legal agreement granting permission for video recording and usage rights, protecting both content creators and subjects under Australian law.

find out more

General Waiver Of Liability

An Australian legal document where one party waives their right to sue another for specified risks and potential injuries, subject to Australian federal and state laws.

find out more

Mutual Release Agreement Of Purchase And Sale

An Australian law-governed agreement providing mutual release of claims and obligations between parties involved in a purchase and sale transaction.

find out more

Work Immersion Agreement And Liability Waiver

An Australian legal agreement combining work immersion program terms and liability waivers for workplace experience participants, compliant with Australian regulations.

find out more

Waiver And Release Of Non Compete Obligations

An Australian legal document that releases individuals or entities from existing non-compete obligations, ensuring compliance with Australian employment and competition laws.

find out more

Resignation Agreement And General Release

An Australian law-compliant agreement documenting employment termination terms, final payments, and mutual release of claims between employer and employee.

find out more

Release Of Guaranty Form

An Australian law-compliant document that formally releases a guarantor from their obligations under a previous guarantee agreement.

find out more

Simple Release Agreement

An Australian law-governed agreement that formalizes the release of claims, rights, or obligations between parties in exchange for consideration.

find out more

Release From Tenancy Agreement

An Australian legal document that formally terminates a residential tenancy agreement and releases all parties from their ongoing obligations under the original lease.

find out more

Media Release Agreement

An Australian-law governed agreement that establishes terms and permissions for media content usage, distribution, and publication rights.

find out more

Lease Termination Letter 60 Days

An Australian-compliant formal notice providing 60 days advance notification of lease termination from tenant to landlord.

find out more

General Mutual Release Agreement

An Australian law-governed agreement enabling parties to mutually release claims and settle disputes while ensuring legal compliance and finality.

find out more

Covenant Not To Sue Settlement Agreement

An Australian law settlement agreement where parties agree to resolve disputes and covenant not to pursue future legal action regarding specified claims.

find out more

Unilateral Release Agreement

An Australian law-governed agreement where one party releases another from specified claims or liabilities.

find out more

Termination Release Agreement

An Australian-compliant agreement that formalizes employment termination and provides mutual releases between employer and employee, ensuring compliance with federal and state employment laws.

find out more

Talent Release Agreement

An Australian-compliant agreement governing the use of talent's image, likeness, and performance rights in media productions.

find out more

Residential Lease Termination Letter

An Australian-compliant formal notice document used to terminate a residential tenancy agreement, outlining the intention to vacate and key termination details.

find out more

Release And Waiver Of Liability Form

An Australian legal document that protects organizations from liability claims by having participants acknowledge risks and waive certain legal rights while complying with federal and state legislation.

find out more

Release And Indemnification Form

An Australian law-governed document that releases one party from liability while establishing indemnification obligations for specified claims and losses.

find out more

Release And Hold Harmless Agreement

An Australian law-compliant agreement that releases one party from liability and provides indemnification against future claims or damages.

find out more

Release Of Guarantee Agreement

An Australian legal document that formally releases a guarantor from their obligations under an existing guarantee arrangement.

find out more

Release Of Confidentiality Form

An Australian legal document that releases parties from specific confidentiality obligations while maintaining compliance with local privacy laws and protecting any remaining confidential information.

find out more

Real Estate Release Agreement

An Australian legal document that releases parties from specific rights, claims, or obligations in real estate transactions, compliant with federal and state property laws.

find out more

Payment Release Agreement

An Australian legal document that formalizes the release of payment obligations between parties, typically used in debt settlement or payment dispute resolution.

find out more

Motorcycle Ride Waiver Release Consent

An Australian-compliant waiver and consent form for motorcycle ride activities, incorporating liability releases and safety acknowledgments.

find out more

Lease Release Form

An Australian legal document that formally terminates a lease agreement and releases all parties from their ongoing lease obligations.

find out more

General Release Letter

An Australian legal document that releases one party from claims, demands, or liabilities owed to another party, governed by Australian federal and state laws.

find out more

Unlimited Personal Release Agreement

An Australian law-governed agreement granting unlimited rights to use an individual's personal attributes, images, and likeness across all media formats and purposes.

find out more

Separation Agreement Mutual Release

An Australian law-governed agreement that formalizes separation between parties and includes mutual releases, outlining property division and financial arrangements while preventing future claims.

find out more

Photographer Release Agreement

An Australian law-compliant agreement establishing terms for photographic image capture and usage rights between photographer and subject.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it