This website (Website) is owned and operated by Lawyers and Legal Services Australia Pty Ltd (“LSA”) from a server located in the State of Texas in the United States of Amercia.
Access and use
Copyright in the Content on the Website
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Website (Content) is owned by either LSA, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
Copyright in other material
LSA makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
LSA is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.
All trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark displayed on the Website without the express written permission of LSA, the relevant LSA affiliate or third party owner.
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
Content not legal advice
The Content is a summary only of the subject matter covered, without an assumption of a duty of care by LSA or its contributors. The summary is not intended to be nor should it be relied on as a substitute for legal or other professional advice.
Advertising and third party offers
The Website also contains third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not recommendations or endorsements by LSA or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its goods or services. LSA takes no responsibility for third party advertisements posted on the Website.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by LSA, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (eg. processing payments, cancellations and returns, and customer service and complaints).
On certain occasions, LSA will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (on these occasions, LSA does not offer the goods or services itself). LSA does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to find out the terms and conditions imposed by that third party supplier on any transactions you may carry out. LSA is not in any way responsible or liable for any failure in relation to:
(a) the communication from you to that third party;
(b) that third party’s failure to deliver the goods or services ordered;
(c) the condition of the goods or services on delivery;
(d) the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and
(e) any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party.
In certain circumstances, LSA may receive a fee from certain advertisers when a user:
(a) who has entered the advertiser’s website from the Website undertakes certain transactions on or in relation to that advertiser’s website; or
(b) purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
Disclaimer of liability and warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by LSA of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). LSA does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
(a) all Content is provided without warranties of any kind, either express or implied;
(b) LSA makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
(c) LSA does not warrant or represent that:
(i) the Content will not cause any damage;
(ii) the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
(d) LSA does not warrant or make any representation regarding:
(i) your access to, or the results of your access to, the Website (including any related or linked websites);
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
(f) you agree that you use the Website and rely on material contained in the Website at your own risk.
You should make your own inquiries before entering into any transaction on the basis of the Contents. LSA does not check the accuracy of the Contents and neither LSA nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.
You acknowledge that LSA is not liable for:
(a) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(b) the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of LSA) will LSA be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that LSA does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
To the fullest extent permitted by law, LSA’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of LSA to the following:
(a) in the case of services supplied or offered by LSA:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by LSA:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
Compliance with laws outside Australia or the United States of America
LSA makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia or the United State of America. If you access the Website from outside Australia or the United States of America, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.
Terms And Conditions
Welcome to the LawInfo website. We ask that you review these Terms and Conditions, which are intended to constitute a binding license agreement that conditions your use of this site (“Agreement”). We have tried to avoid using confusing and unnecessary legal terminology and hope that you understand that we are simply trying to protect our rights in order to provide you with access to the free content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you agree to be bound by this Agreement.
You agree to act responsibly at this site and to treat other visitors with respect.
Intellectual property laws protect original material that we post on this site. You are hereby granted a non-exclusive license to use our content (“Content”), but only while accessing this site. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org. Nothing contained on the website or in these Terms and Conditions should be construed to grant you a license to use any trademarks, service marks, or logos owned by LawInfo or any third parties.
Intellectual Property Law Compliance
By accessing and using this website and its services, you hereby agree to obey the law and respect the intellectual property rights of others. You use of the site is at all times governed by the applicable laws of the United States and the State of California regarding copyrights, trademarks, patents and the use of intellectual property. By using this site you agree to not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of the copyrights, trademarks or patents of any third parties. You, and you alone, will be held responsible for any infringement of third party rights caused by your use of this website, including, but not limited to, any specific uses described in these Terms and Conditions. The burden of proving that your use of this website does not infringe upon the intellectual property rights of any third parties rests solely with you.
Materials That You Post or Store
You agree not to post or store on our site any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material (“Material”) which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or which violates any applicable local, state, national or international law or regulation or which is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We intend to cooperate fully with any law enforcement investigation regarding any user content posted to this site, which violates these Terms and Conditions or vioaltes any applicable law.
License, Representation and Warranty
By posting Material to this site, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on our public websites. You will receive no compensation from us for the use of any content you post to this site. Additionally, you hereby agree that we may publish and disclose your name and any other identifying information associated with any content you post to this site. You further represent and warrant that you own all rights to such Material.
You expressly agree that we may remove, disable or restrict access to or the availability of any Material from this site (including, but not limited to, Material which you have posted or stored) which we believe, in good faith and in our sole discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a Notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain Material, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Material at this site is a privilege, not a right. Under no circumstances may we be held liable for removing, disabling or restricting access to or the availability of Material.
Good Samaritan Third-Party Content Policy & Complaint Procedures
It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Material to be posted at this site. We will do our best, in good faith, to remove, disable or restrict access to or the availability of Material that, in our subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 4 are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
If you believe that someone has posted Material that violates this policy (other than in cases of copyright infringement, which is addressed in Section 5), we ask you to promptly notify us by email. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material.
Indemnification and Waiver of Certain Rights
By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims that may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
Waiver of Claims and Remedies
We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at this site. By taking advantage of the Good Samaritan procedures set forth in this Section 4, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theories of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Material at this site or our response, or failure to respond, to a complaint.
Investigation and Liability Limitation
You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Material. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that Material remains on this site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
Digital Millennium Copyright Act Compliance
You may contact our agent if you believe that a work protected by a U.S. copyright that you or any third party owns has been posted or stored on our site without authorization. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated; (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the infringing Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
We provide links from our site as a convenience to our visitors. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.
You are prohibited from using this website in violation of any security protections implemented by us, which includes, but is not limited to, the following uses: (1) you may not use this site to transmit unsolicited email, send unsolicited email to this site or to anyone whose email address includes the domain name used on this site, use our domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; (2) you may not pretend to be someone else – or spoof his or her identity – when using this site; (3) you may not attempt to probe, scan, or test the vulnerability of the website’s service, or any associated system or network, or breach sercurity or authentication measures without proper authorization; (4) you may not interfere with, or attempt to interfere with, service to any user, host, or network, by the means of submitting a virus to the website or service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or otherwise; or (5) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the website to provide the website’s services. Any of the above listed, or other violations of our system or network security, may subject you to civil and/or criminal liability.
Violations and Indemnification
Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the site. You further agree, at your own expense, to defend and indemnify us and hold us harmless against all third party claims, losses, liability, damages, and/or costs, including reasonable attorneys fees, that may be asserted against us, and all losses incurred, as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access this site.
DISCLAIMER OF WARRANTIES
IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
LIMITATION OF LIABILITY
IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE THEORY OF RECOVERY ASSERTED, WHETHER TORT, BREACH OF CONTRACT OR OTHER THEORY.
Periodic Revisions and Modifications
You agree that we may modify the terms of this Agreement in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. We will post a notice on this page for thirty (30) days following any revisions or modifications to these Terms and Conditions. You agree to review this page at least once every thirty (30) days. As a courtesy, we will also notify you by email at the address you have provided to us. Please register the appropriate email address by clicking here. You will be deemed to have agreed to the new Terms and Conditions if you continue to access this site after having been notified of a revision or modification by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised Terms and Conditions are first posted (whichever is sooner). If you do not provide us with a valid email address to send you information on revisions or modifications to this Agreement, then you agree that you will have waived your right to notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It will be your responsibility to review this page for possible modifications.
We are committed to fair information practices. We respects the privacy and security of our users. Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you.
To demonstrate our commitment to your privacy, we have prepared this statement disclosing our privacy practices. Here, you will learn what personal identifying information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.
Information We Collect and How We Use It
We collects certain information from and about its users three ways: from our Web server logs, with cookies, and directly from the user.
Web server logs: When you visit our West websites, we may track information to administer the site and analyze its usage. Examples of information we may track include:
1. Your Internet protocol address
2. What kind of browser or computer you use
3. The number of links you click within the site
4. The state or country from which you accessed the site
5. The date and time of your visit
6. The name of your Internet service provider
7. The Web page you linked to our site from
8. The pages you viewed on the site
Lawyers and Legal Services Australia (“The owner of this website”) takes your privacy seriously. We have adopted the following principles in relation to how we manage personal information.
1.1 The owner of this website will not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2 The owner of this website will collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time (or, if that is not practicable, as soon as practicable after) The owner of this website collects personal information about an individual from the individual, The owner of this website takes reasonable steps to ensure that the individual is aware of:
(a) the identity of the organisation and how to contact it; and
(b) the fact that he or she is able to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) the organisations (or the types of organisations) to which the organisation usually discloses information of that kind; and
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, The owner of this website will collect personal information about an individual only from that individual.
1.5 If The owner of this website collects personal information about an individual from someone else, it takes reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.
2. Use and disclosure
2.1 The owner of this website will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
(a) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
(ii) the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
(b) the individual has consented to the use or disclosure; or
(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
(i) it is impracticable for The owner of this website to seek the individual’s consent before that particular use; and
(ii) The owner of this website will not charge the individual for giving effect to a request by the individual to the organisation not to receive direct marketing communications; and
(iii) the individual has not made a request to The owner of this website not to receive direct marketing communications; and
(iv) in each direct marketing communication with the individual, the organisation draws to the individual’s attention, that he or she may express a wish not to receive any further direct marketing communications; and
(v) each written direct marketing communication by The owner of this website with the individual (up to and including the communication that involves the use) sets out The owner of this website contact details; or
(d) The owner of this website reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual’s life, health or safety; or
(ii) a serious threat to public health or public safety; or
(e) The owner of this website has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(f) the use or disclosure is required or authorised by or under law; or
(g) The owner of this website reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
3. Data quality
The owner of this website will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
4. Data security
4.1 The owner of this website will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2 The owner of this website will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under National Privacy Principle 2.
5.1 The owner of this website will set out in a document clearly expressed policies on its management of personal information. The organisation must make the document available to anyone who asks for it.
5.2 On request by a person, The owner of this website will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
6. Access and correction
6.1 If The owner of this website holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that:
(a) in the case of personal information other than health information, providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) in the case of health information, providing access would pose a serious threat to the life or health of any individual; or
(c) providing access would have an unreasonable impact upon the privacy of other individuals; or
(d) the request for access is frivolous or vexatious; or
(e) the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(f) providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(g) providing access would be unlawful; or
(h) denying access is required or authorised by or under law; or
(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(j) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders,
by or on behalf of an enforcement body; or
(k) an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 However, where providing access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision-making process, The owner of this website will give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 If The owner of this website is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), it will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If The owner of this website charges for providing access to personal information, those charges:
(a) will not be excessive; and
(b) will not apply to lodging a request for access.
6.5 If The owner of this website holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, the organisation must take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If the individual and The owner of this website disagree about whether the information is accurate, complete and up-to-date, and the individual asks the organisation to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, the organisation must take reasonable steps to do so.
6.7 The owner of this website will provide reasons for denial of access or a refusal to correct personal information.
7.1 The owner of this website will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
(a) a government agency; or
(b) an agent of a government agency acting in its capacity as agent; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.2 The owner of this website will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:
(a) the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or
(b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or
(c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
7.3 In this clause, identifier includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the organisation’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with The owner of this website.
9. Transborder data flows
The owner of this website may transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country only if:
(a) The owner of this website reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and The owner of this website, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual;
(ii) it is impracticable to obtain the consent of the individual to that transfer;
(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or
(f) The owner of this website has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10. Sensitive information
10.1 The owner of this website will not collect sensitive information about an individual unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or
(d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
You are able to request access to information held about you by The owner of this website. To make such a request, please write a letter to us at:
Attn: Privacy Manager
PO Box 205
The owner of this website takes your privacy seriously and if any issue has arisen in relation to privacy and the use of this site, you may contact The owner of this website at:
Please note that if the responding officer determines with good reason that your message is spam within the meaning of the Spam Act 2003 (Cth), The owner of this website reserves the right not to respond to any message you send and to block your use of this website from the IP address where the spam originates and reserves the right to claim compensation under the appropriate legislation.