STANDARD TERMS AND CONDITIONS_1_ by malj

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									         SKILLS TASMANIA




STANDARD TERMS AND CONDITIONS FOR THE
PURCHASE OF VOCATIONAL EDUCATION AND
              TRAINING




              VERSION 6.1
           30 September 2007
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                                                                         30 September 2007

1. DEFINITIONS
    In this Agreement unless the contrary intention appears:
       „Authority‟ means Skills Tasmania, a statutory authority established under section 6
            of the Vocational Education and Training Act 1994.
    „Authority's Authorised Officer‟ means a person authorised in writing by the
          General Manager, Skills Tasmania.
    „Business Day‟ means any day on which Banks as defined in the Banking Act 1959
          (Commonwealth) are open for business in Hobart.
       „Funds‟ means the sum of money specified in the Schedule or in any Supplemental
            Agreement as the payment price for purchased under this agreement and is
            subject to any limitations which may be specified in the schedule.
    “Recipient Created Tax Invoice” or “RCTI” has the same meaning given to the
          term in the A New Tax System (Goods and Services Tax) Act 1999 including all
          amendments made to the Act and any other regulations and other instruments
          made under the Act, and means an invoice that belongs to a class of tax
          invoices that the Commissioner for Taxation has determined may be issued by
          the recipient of a taxable supply.
    „Schedule‟ means all Schedules to this Agreement.
    „Training Facility‟ means the place or places in which the Training Program is
           conducted.
    “RTO” means a training organisation which has been registered by the relevant state
         or territory registering authority to provide nationally recognised training
         services.
    „Scope of Registration‟ means the qualifications which the RTO has been registered
         by the relevant state or territory registering authority to deliver.
    „Training‟, „Training Program‟ or „Vocational Education and Training‟ means the
           delivery of an accredited tertiary education course which, consistent with
           Schedule 3 of the Determination of Education Institutions and Courses made
           under the Commonwealth Student Assistance Act 1973, is defined as a
           vocational education and training program being a structured approach to the
           development and attainment of competencies for a particular Australian
           Qualifications Framework (AQF) qualification to meet the endorsed
           components of Training Packages or a sequence of training consisting of one
           or more units of competency that provides direct credit towards a qualification
           as described in the Schedule/s, or where there is no Training Package, a
           sequence of training consisting of one or more modules from an accredited
           vocational education and training course that provides direct credit towards a
           qualification as described in the Schedule/s.

  2.        INTERPRETATION

    2.1      In this Agreement unless the contrary intention appears:
    (i)      words importing the singular include the plural and vice versa;
    (ii)     words importing a gender will include the other gender;
    (iii)    words importing persons include all bodies and associations, corporate,
             unincorporated or governmental and vice versa.

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  (iv)     headings are included for convenience only and are not to be taken into
           account in the interpretation of any clause to which they refer;
  (v)      any terms and conditions specified in the Schedule will be terms and conditions
           of this Agreement.

3.       DURATION OF AGREEMENT

  3.1      This Agreement is for a term commencing on the date of signing this
           Agreement and continuing for a period of three months after the completion of
           the training outcomes which are the subject of this Agreement or until
           terminated by either party pursuant to their respective powers of termination as
           described in Clause 16.

4.       AGREEMENT TO PURCHASE TRAINING PROGRAMS

  4.1      The Authority agrees to pay the RTO the Funds upon the terms and conditions
           contained in this Agreement.
  4.2      The Authority will pay the Funds in accordance with the Schedule.
  4.3      Where the Schedule provides that the RTO is to be paid by progressive
           instalments the Authority will be entitled to defer payment of any instalment
           until the RTO has completed to the satisfaction of the Authority the training to
           which the instalment relates.

5.       USE OF THE FUNDS

  5.1      The RTO will ensure that the Funds are used for the purpose of providing the
           Training Program and for no other purposes.

6.       SCOPE OF REGISTRATION OF TRAINING ORGANISATION

  6.1      It is a condition precedent to the release of Funds by the Authority under this
           Agreement that the RTO ensures that the Training Program is contained within
           the RTO‟s Scope of Registration.

7.       GST

  7.1      The primary purpose of this agreement is the purchase of vocational education
           and training as listed in the Schedule and other taxable supplies, such as
           reporting requirements, are merely incidental.
  7.2      The parties agree that unless expressly stated otherwise all fees or other sums
           payable or any other consideration provided or to be provided under or in
           connection with this Agreement do not include GST.
  7.3      Unless expressly stated otherwise, the RTO may recover from the Authority
           and the Authority shall pay, the amount of any GST (“the Additional Amount”)
           payable under the GST Act on or for any taxable supply made by the RTO to or
           for the benefit of the Authority under or in connection with this Agreement,
           subject to the RTO issuing a valid tax invoice in respect of that taxable supply
           and subject also to the sum being decreased by an amount (if any) having
           regard to S75AU of the Trade Practices Act 1974 (C‟wth) and any guidelines
           on price exploitation issued by the Australian Competition and Consumer
           Commission.

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  7.4      The Additional Amount must be paid at the same time when payment of the
           monetary consideration for the taxable supply is due.
  7.5      Subclauses 7.2 and 7.3 shall also operate as if references to the RTO are
           references to the Authority and vice versa.
  7.6      Terms and expressions used in this clause 7 which are defined in the GST Act
           have the same meaning given to those terms and expressions in that Act.
           “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999
           including all amendments made to the Act and any other regulations and other
           instruments made under the Act.

8.       RECIPIENT CREATED TAX INVOICES

  8.1      The RTO and the Authority agree that the Authority will issue a recipient
           created tax invoice in respect of any taxable supply made by the RTO to the
           Authority.
  8.2      The Authority agrees that it will notify the RTO in writing should it elect to act
           under Subclause 8.1.
  8.3      The RTO warrants that it is registered with an Australian Business Number
           (ABN) and GST registration and will supply evidence of that when requested.
  8.4      The RTO agrees that it will notify the Authority should it cease to be registered
           for the GST.
  8.5      The Authority warrants that it is registered with an ABN and for the GST.
  8.6      The Authority agrees that it will notify the RTO should it cease to be registered.
  8.7      The RTO agrees that the Authority shall issue a recipient created tax invoice
           for each taxable supply that the RTO has or will make to the Authority under
           this Agreement.
  8.8      The RTO agrees that it will not issue any document that may be considered a
           tax invoice for any taxable supply made under this agreement after the date
           this Agreement is signed.
  8.9      The Authority agrees that it will issue the RTO with a recipient created tax
           invoice within 28 days of determining the value of the supply.
  8.10     The Authority will supply an adjustment note should the value of the supply
           change at any stage. A copy of that adjustment note will be supplied to the
           RTO within 28 days of that adjustment being determined.

9.       INDEMNITY

  9.1      The RTO will at all times indemnify and hold harmless the Authority, its officers,
           employees and agents („those Indemnified‟) from and against any loss
           (including legal costs and expenses on a solicitor/own client basis) or liability
           incurred or suffered by any of those Indemnified arising from any claim, suit,
           demand, action, or proceeding by any person against any of those Indemnified
           where such loss or liability was caused by any wilful, unlawful or negligent act
           or omission of the RTO, its officers, employees, agents or sub-agents in
           connection with this Agreement and the provision of the Training Program.




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  9.2      The RTO's liability to indemnify the Authority will be reduced proportionally to
           the extent that any act or omission of the Authority or its officers, employees or
           agents contributed to the loss or liability.
  9.3      This indemnity will survive the expiration or termination of this Agreement.
  9.4      The Authority agrees to indemnify the RTO in respect of any liability for GST
           and any penalty which may arise from an understatement payable on any
           supply that the RTO makes to the Authority in respect of the GST and for which
           a recipient created tax invoice shall be issued.

10.      INSURANCES

  10.1     Before commencing the Training Program the RTO will take out and maintain
           throughout the term of this Agreement the following insurance:
  (a)      public risk insurance to cover liability for personal injury or death or property
           damage arising from the conduct of the Training Program under this
           Agreement for an amount not less than five million dollars for any one claim
           or series of claims arising out of one single occurrence;
  (b)      workers' compensation insurance to cover the RTO against any liability
           imposed by statute.
  10.2     The RTO will ensure that the Authority is noted on the insurances of the
           provider, taken out in accordance with Clause 10.1, as Principal Only.
  10.3     On request the RTO will supply the Authority with certified copies or other
           satisfactory evidence of all insurance required to be taken out herein.
  10.4     The RTO will not do or permit to be done or suffer any thing to be done
           whereby any insurance or any part thereof may become vitiated or rendered
           void or voidable or whereby any rate or premiums of any insurance will be
           liable to be increased or whereby the Authority may be put at risk.
  10.5     The effecting of insurance as described in clause 10.1 will not in any way limit
           the liabilities or obligations of the RTO under other provisions of this
           Agreement.
  10.6     The RTO will, as soon as practicable, inform the Authority in writing of the
           occurrence of an event that may give rise to a claim under a policy of insurance
           effected as required by clause 9.1 and will ensure that the Authority is kept fully
           informed of subsequent action and developments concerning the claim.

11.      INSPECTION OF THE TRAINING FACILITY

  11.1     The RTO agrees to allow the Authority's officers and agents to enter upon the
           Training Facility at any reasonable time upon two days‟ written notice to inspect
           the Training Facility and anything on the Training Facility related to this
           Agreement.
  11.2     The Authority's authorised officers may copy any document concerning this
           Agreement.

12.      ASSIGNMENT OF BENEFITS

  12.1     The RTO will not assign the benefit of this Agreement to any other person
           unless written approval is first sought and obtained from the Authority.

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  12.2     If the RTO forms an intention to dispose of the Training Facility or any interest
           therein then the RTO will immediately notify the Authority in writing of such
           intention, seeking the approval required under clause 12.1.
  12.3     The notification referred to in clause 12.2 also will be at least one month prior
           to the actual disposal of any interest referred to in clause 12.2 to enable the
           Authority, if it so desires, to negotiate a new Agreement with the new owner of
           the said interest.

13.      FINANCIAL VIABILITY

  13.1 The RTO warrants that:
      13.1.1 it is solvent and able to pay its debts as they fall due; and
      13.1.2 there are no material facts or circumstances of which it is currently aware,
             or are likely to arise in the foreseeable future, which could have a significant
             impact on its financial viability.
  13.2 Where the RTO becomes aware that it is insolvent and no longer able to
       continue its operations it will:
      13.2.1 immediately notify the Authority of this fact; and
      13.2.2 fully cooperate with the Authority in the transfer of students to an alternative
             RTO.

14.      KEEPING OF BOOKS OF ACCOUNT

  14.1     The RTO agrees to keep books of account in accordance with accepted
           Australian Accounting Standards as published by the Australian Society of
           Certified Public Accountants and therein make true and full entries of all
           dealings and transactions concerning the use of the Funds and will ensure that
           the same will at all reasonable times be open for inspection by the officers of
           the Authority.
  14.2     The RTO also agrees to provide to the Authority on request copies of its
           financial statements and such other information as it will require relating to the
           use of the Funds, which information is to be supplied within five Business Days
           of a written request being received by the RTO from the Authority.
  14.3     The RTO will retain all receipts and books of account referred to in clause 13.1
           for at least 4 years subsequent from the year which they were attributable to.
  14.4     The Authority may from time to time notify the RTO in writing of any changes to
           the format or the type of information required by clauses 13.1 and 13.2.

15.      NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY

  15.1     The RTO will not represent itself, and will ensure that its officers, employees,
           agents and sub-contractors do not represent themselves as being an officer,
           employee, partner or agent of the Authority, or as otherwise able to bind or
           represent the Authority.
  15.2     The RTO will not by virtue of this Agreement be or for any purpose be deemed
           to be an officer, employee, partner, or agent of the Authority, or have any
           power or authority to bind or represent the Authority.



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16.      TERMINATION

  16.1     Where the Authority has given written notice to the RTO to remedy a default
           under this Agreement within five Business Days and the RTO fails to do so, the
           Authority may immediately terminate this Agreement and the Funds or so much
           of the Funds that remain unexpended at the date of the notice shall be
           refunded immediately by the RTO to the Authority and be recoverable
           accordingly.
  16.2     Where the RTO wishes to terminate this Agreement it shall do so by giving the
           Authority‟s Authorised Officer five business days notice in writing.
  16.3     In the event that this Agreement is terminated pursuant to clause 16.1 the
           Funds that have been paid to the RTO and that remain unexpended at the time
           of the termination shall be refunded immediately by the RTO to the Authority
           and shall be a debt due to the Authority and recoverable accordingly.

17.      COMPLIANCE MONITORING

  17.1     The Authority has the right to conduct any type of audit of the RTO and any
           organisation in a sub-contracting arrangement with the RTO. The purpose of
           any audit conducted is to ensure compliance with the terms and conditions of
           this contract or any preceding contract.
  17.2     Where the Authority reasonably believes the RTO may have breached this
           contract by failing to comply with the Australian Quality Training Framework
           Standards for Registered Training Organisations, the Authority reserves the
           right to request an Australian Quality Training Framework audit at its discretion.
  17.3     If the primary registration of the RTO is in a jurisdiction other than Tasmania,
           the Authority has the right to inform the primary registering authority of the
           belief formed pursuant to clause 17.2.
  17.4     Breaches identified through the contract audit process may, at the discretion of
           the Authority, result in the suspension or cancellation of this agreement.
  17.5     The RTO will provide the Authority with access to all premises and all records
           needed to substantiate compliance with the terms and conditions of this
           contract immediately on request.
  17.6     The RTO must comply with any and all written directions from the Authority in
           relation to the obligations of the RTO under this contract.
  17.7     The RTO acknowledges that the Authority has the right, exercisable at any
           time, to interview all directors, managers, owners and employees of the RTO,
           employers, students and/or sub-contractors receiving or assisting with the
           provision of services and materials under this agreement.
  17.8     Should the RTO fail to comply with any request from the Authority to provide
           any information in relation to the RTO‟s compliance with this agreement or
           hinder the Authority in the exercise of its rights under Clause 17.7, the Authority
           may suspend this agreement and any payments to the RTO until such requests
           for information have been provided or hindrance removed.
  17.9     The RTO grants the Authority an irrevocable licence to enter and remain on
           any premises where records relating to this agreement are kept and stored.



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  17.10 The RTO must ensure that it and its employees and sub-contractors or
        persons, enterprises or other organisations, including schools, in a partnering
        arrangement with the RTO make available proper access to all physical and
        electronic records and answer completely and accurately any request for
        information necessary for the Authority to perform any of the activities referred
        to in Clause 17 of this agreement
  17.11 For the purpose of Clauses 11 and 17.9, the RTO will grant access at any time,
        during normal business hours, requested by the Authority.

18.      AUDIT METHODOLOGY

  18.1 Where possible, contract compliance audits undertaken under the provisions of
       Clause 17 of this agreement will be integrated with the RTO‟s regular AQTF
       compliance audits. Other audits may occur as the result of strategic industry
       audits or in response to a specific complaint or a series of complaints.
  18.2 The auditing of contracts for the purchase of training will use the same
       methodology as AQTF audits in that observations will be raised for minor matters
       found during the audit. Where whole standards, or a significant aspect of a
       standard is not being observed a non-compliance will be raised.
  18.3 Following the audit, the auditor will provide verbal feedback to the RTO and a
       written report to the Manager (Purchasing & Contract Management), Skills
       Tasmania. The report will then be reviewed and appropriate action taken as
       follows:
       18.3.1 Where no observations or non-compliances were noted, a copy of the
              audit report will be forwarded to the RTO acknowledging its compliance
              with the standards.
       18.3.2 Where observations have been noted, the RTO will be expected to
              include these in its continuous improvement process. Observations noted
              in one audit may be followed up at a following audit to determine what
              action has been taken to rectify them.
       18.3.3 If a non-compliance has been identified, the Manager (Purchasing &
              Contract Management) will contact the RTO to negotiate an action plan to
              clear the non-compliance.
       18.3.4 Pending clearance of the non-compliance, the Authority may elect to
              impose one or all of the following sanctions:
                     no payments will be made under existing contracts
                     no new contracts will be issued;
                     no invoices for new commencements will be paid; and
                     in the case of User Choice, no new Training Contracts
                        nominating the RTO will be registered
       18.3.5 If the non-compliance is not cleared in the agreed timeframe and the RTO
              has made no attempt to re-negotiate the action plan, all payments to the
              RTO will be suspended until the matter is resolved.
  18.4     The Authority reserves the right to impose further sanctions against the RTO if
           it is considered the situation warrants further action; this may include
           cancellation of all or any contracts between the RTO and the Authority.



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  18.5     The RTO will retain all documentation relevant to this Agreement for at least
           seven years subsequent from the year to which they pertain.

19.      RECOGNITION OF PRIOR LEARNING (RPL)

  19.1 The Council of Australian Governments has resolved that by 1 January 2007, all
       RTOs and assessment centres in receipt of government funding will have a
       contractual obligation to offer all workers entering training, who are not new
       entrants to the labour market, a quick and simple process to recognise their
       existing skills.

  19.2 For the purposes of Clause 19.1, workers who are not new entrants to the labour
       market are defined as those workers who have been working continuously for 12
       months full time or two years part time.

  19.3 Unless specifically excluded by the program guidelines or in another schedule to
       this agreement, in order to meet the obligations outlined it clause 19.1, the RTO
       will offer RPL to all students upon enrolment and prior to commencement of
       formal training delivery. For the purposes of this clause, students includes
       apprentices and trainees.

  19.4 The RTO must be able to demonstrate that it has undertaken processes to:
        i)  encourage the uptake of RPL; and
        ii) streamline its RPL processes;
            during the term of this agreement.

20.      DISCLOSURE OF INFORMATION

  20.1     The RTO acknowledges that the information pertaining to this agreement and
           all information about a RTO‟s performance under the agreement, other than
           personal information, is public information.
  20.2     The Authority reserves the right to communicate or publish in any way or
           medium, any and all information relating to this contract, other than personal
           information. This includes, but is not limited to, qualifications, contract values,
           student enrolments, completion rates, withdrawals, non-completions, non-
           results of training.

21.      AUTHORITY TO COLLECT INFORMATION

  21.1     The RTO authorises the Authority to seek information from any organisation
           which may have information relevant to the RTO‟s capacity to perform its
           obligations under this contract.

  21.2     The RTO expressly authorises those organisations referred to in clause 21.1 to
           release information to the Authority regarding the RTO‟s performance or its
           capacity to perform its obligations under this agreement. This includes but is
           not limited to the Tasmanian Qualifications Authority and may include
           information regarding the results of audits undertaken against the Australian
           Quality Training Framework standards.




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22.      ETHICAL MARKETING AND ADVERTISING

  22.1     If the RTO undertakes marketing of the training purchased under this
           agreement, it must market and advertise the training purchased in a way so as
           to ensure that all persons and organisations associating with the RTO are
           aware of the obligations of the RTO under this agreement.

23.      SUB-CONTRACTING

  23.1     The RTO may enter into a sub-contracting agreement, however it may be
           described, or partnering agreement with another organisation or individual, in
           this clause referred to as the sub-contractor.
  23.2     This clause does not apply to persons engaged by the RTO as casual or
           sessional employees.
  23.3     Under a sub-contracting arrangement the RTO is fully responsible for the
           compliance of its sub-contractors with the Australian Quality Training
           Framework Standards for Registered Training Organisations and the terms and
           conditions contained in this agreement.
  23.4     The RTO must notify the Authority of its intention to utilise sub-contractors for
           the delivery of any training purchased by the Authority under this agreement
           including the name and qualifications of the sub-contractor and the
           qualifications the sub-contractor will be responsible for delivering and
           assessing.
  23.5     The RTO must provide to the Authority all records of the sub-contractor relating
           to performance of services under this agreement, on request by the Authority.
  23.6     The RTO is responsible for all reporting requirements pursuant to this
           agreement.
  23.7     The Authority accepts no liability for sub-contracting arrangements and will not
           become involved in the internal administration of any sub-contracting
           arrangement, or act as mediator between the parties.

24.      NOTICES

  24.1 Any notice demand consent in writing or other communication will be deemed to
       have been duly served:
      24.1.1      In the case of hand delivery when delivered;
      24.1.2      If sent by prepaid post on the fifth business day after the date of posting;
      24.1.3      If sent by facsimile transmission (provided that the sending machine
                  produces a print out of the time date and uninterrupted transmission
                  record of the sending of the notice) upon completion of sending if such
                  completion is within ordinary business hours in the place where the
                  recipient's facsimile machine is located but if not then at 9.00 a.m. On the
                  next following business day in such place.
      24.1.4      If sent by email, upon receipt of acknowledgement from the receiver.
  24.2     Any notice demand consent in writing or other communication requiring to be
           given or made pursuant to this Agreement will be sufficient if:



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      24.2.1      in the case of the Authority it will be under the hand of the Authority or its
                  authorised agent or solicitors;
      24.2.2      in the case of the RTO under the hand of the RTO or its agent or
                  solicitors.
  24.3     A printed or copied signature will be sufficient for the purposes of sending any
           notice demand consent in writing or other communication by facsimile
           transmission.

25.      DISPUTE RESOLUTION

  25.1     Where a dispute arises under this Agreement either as to a matter of
           interpretation or to the extent of a duty obligation or right then:
      25.1.1      the party alleging a dispute will give a written notice within five business
                  days‟ to the other party outlining the matter in dispute;
      25.1.2      through discussions between the Authority's Authorised Officer and a
                  representative of the RTO the parties will try to resolve the dispute having
                  arisen;
  25.2     If after ten business days the discussions referred to in clause 25.1.2 have not
           resolved the dispute then the dispute may be the subject of court proceedings
           or may be submitted to some alternative dispute resolution mechanism as may
           be agreed in writing between the parties.

26.      FORCE MAJEURE

  26.1     Either party may terminate this Agreement by the giving of 10 business days‟
           notice thereof to the other party where the performance of that party's
           obligations hereunder has become impossible due to an Act of God meaning
           for the purpose of this Agreement any natural event not being within the power
           of man to prevent or an event of Force Majeure being for the purposes of this
           Agreement any event beyond the control of the party seeking to rely on it and
           which renders it impossible for that party to perform including fire, explosion,
           accident, industrial dispute, civil commotion or impossibility of obtaining
           materials but not an obligation to pay money.
  26.2     If this Agreement is so terminated the Authority will only be liable to make
           payments pursuant to the provisions of clause 4 hereof for services rendered
           as part of the Training Program before the effective date of termination. The
           Authority will not be liable to make any other payments whatsoever.

27.      ENTIRE AGREEMENT AND VARIATION

  27.1     This Agreement constitutes the entire Agreement between the parties and
           supersedes all communications, negotiations, arrangements, whether oral or
           written, between the parties with respect to the subject matter of this
           Agreement.
  27.2     No agreement or understanding varying or extending this Agreement, including
           in particular the amount of the Funds, will be legally binding upon the parties
           unless in writing and signed by both parties.




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28.      WAIVER

  28.1     A waiver by any party in respect of any breach of a condition or provision of this
           Agreement will not be deemed to be a waiver in respect of any continuing or
           subsequent breach of that provision, or breach of any other provision.
  28.2     The failure of any party to enforce at any time any of the provisions of this
           Agreement will in no way be interpreted as a waiver of such provision.

29.      APPLICABLE LAW

  29.1     This Agreement will be governed by the law for the time being in force in the
           State of Tasmania and the parties submit to the jurisdiction of the Courts of the
           State of Tasmania.

30.      AUTHORITY'S RIGHTS

  30.1     Any express statement of a right of the Authority under this Agreement is
           without prejudice to any other right of the Authority expressly stated in this
           Agreement or arising at law.

31.      CONFIDENTIALITY

  31.1 Despite any confidentiality or intellectual property right subsisting in this
       agreement or a schedule, appendix, annexure or attachment to it, either party
       may publish all or any part of this agreement without reference to the other.
  31.2 Subject to clause 31.1, the RTO must not publicly disclose, or use for a purpose
       other than this Agreement, any information or material acquired or produced in
       connection with, or by performing, this Agreement, including Authority Material or
       Contract Material (“Confidential Material”), without the Authority‟s prior written
       consent, except to the extent that:

         31.2.1 the Confidential Material is available to the public generally, other than by
                breach of this Agreement;

         31.2.2 a law requires the RTO to disclose, file, record or register something that
                includes Confidential Material;

         31.2.3 disclosure is necessary or advisable to get a consent, authorisation,
                approval or licence from a governmental or public body or authority;

         31.2.4 it is necessary or advisable to disclose the Confidential Material to a
                taxation or fiscal authority;

         31.2.5 the Confidential Material is disclosed confidentially to professional
                advisers:

                  a)     to get professional advice about this Agreement; or

                  b)     to enforce this Agreement; or

                  c)     the parties agree otherwise in writing.



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  31.3 The RTO must ensure that employees who have access to Confidential Material,
       are aware of, and comply with, all confidentiality obligations affecting it.

  31.4 Nothing in this clause derogates from a party‟s obligations under the Personal
       Information Protection Act 2004 (Tas) or the Privacy Act 1988 (Cwlth).

32.      PERSONAL INFORMATION PROTECTION

  32.1 This clause 32 applies only if the RTO deals with Personal Information in the
       course of delivering the Contracted Services.

  32.2 If the RTO is a Personal Information Custodian then the RTO must:

         32.2.1 notify the Authority immediately if the RTO becomes aware of a breach, or
                possible breach, of the PIP Act; and

         32.2.2 ensure that the RTO‟s employees, agents or subcontractors who are
                required to deal with Personal Information in the course of delivering the
                Contracted Services are aware of, and comply with, the RTO‟s obligations
                under this clause.

  32.2 A breach of the PIP Act by the RTO is a breach of this Agreement that entitles
       the Authority to terminate it under clause 16.1.

  32.4 In this clause, “Personal Information” and “Personal Information Custodian” have
       the same meanings as in the Personal Information Protection Act 2004 (Tas)
       (“PIP Act”).

33.      WAIVER UNDER PROFESSIONAL STANDARDS ACT 2005

  33.1 No scheme in force under the Professional Standards Act 2005 applies to the
       RTO.

  33.2 The RTO waives all present and future rights, as against the Authority, to claim
       any limitation of liability provided by any future scheme under the Professional
       Standards Act 2005, in relation to future legal liability, claims or proceedings
       arising from, or attributable to, the RTO carrying out the Contacted Services
       including a wrongful (including negligent) act or omission.




Version 6.1 - September 2007                                                            4

								
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