These Terms and Conditions carefully specify the basis of the Agreement under which the Service is provided to the Client by the Commonwealth of Australia through the CEO of ARPANSA.
1. Our responsibilities
1.1 ARPANSA shall provide the Service in accordance with this Agreement.
2. Your responsibilities
2.1 The Client shall read this Agreement carefully and ensure compliance with its Terms and Conditions.
3. Definitions
3.1 For the purposes of this Agreement the following definitions apply:
Agreement – this ANRDR Agreement
ANRDR – Australian National Radiation Dose Register
ARPANSA – the Commonwealth of Australia acting through the Australian Radiation Protection and Nuclear Safety Agency
ARPANS Act – the Australian Radiation Protection and Nuclear Safety Act 1998
Client – the organisation receiving the Service under this Agreement
DSP – Dosimetry Service Provider
ARPANSA website – www.arpansa.gov.au
Regulatory Body – An authority designated by the government of a State or Territory as having legal authority for conducting the regulatory processes
Terms and Conditions – the terms and conditions that form this Agreement and are the basis upon which the Services under this Agreement are provided.
Service – the description of services set out in the ‘Agreement’ including any ‘Conditions of Service’
4. Parties
4.1 The parties to this Agreement are the Client and ARPANSA.
5. Conditions
5.1 Subject to any Special Conditions, this Agreement represents the entirety of the Agreement for the provision of Services by ARPANSA and ARPANSA is no way bound by any representations that have not been expressly confirmed by ARPANSA in writing.
6. Special Conditions
6.1 Provision of the Service is subject to Special Conditions that are outlined in Clause 14 at the end of this Agreement which form part of the Terms and Conditions as set out in this Agreement.
7. Warranties
7.1 ARPANSA excludes any statutory warranties or implied terms to the extent legally permitted in respect of the Service.
7.2 ARPANSA takes all reasonable care to ensure an accurate Service is provided to the Client under this Agreement, however all warranties under this Agreement are subject to the Client following ARPANSA’s instructions or subject to any limitations expressed by ARPANSA in relation to the provision of the Service.
7.3 In any case:
(a) ARPANSA is not liable to the Client for any direct, indirect or consequential loss or damage arising out of its performance or non-performance of its obligations under this Agreement or from any cancellation of the Agreement or from any negligence, misrepresentation or other act or omission on the part of ARPANSA, its servants, agents or contractors.
(b) ARPANSA will not be liable for any damage, loss or injury suffered by the Client due to the Client in any way using or relying upon the Service, including information supplied to the Client.
8. Termination
8.1 The Agreement shall terminate:
(a) upon mutual agreement of the parties that has been reduced to writing and signed by both parties; or
(b) at the discretion of either party.
9. Intellectual property
9.1 Notwithstanding any other provision of the Agreement, and unless otherwise agreed in writing prior to entry into the Agreement, all intellectual property rights arising from or developed in the course of ARPANSA performing its obligations under the Agreement shall vest or remain with the Commonwealth for its sole and unrestricted use and benefit.
10. Waiver
10.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless in writing.
11. Conflicts of Interest
11.1 As required by law or statutory obligation, ARPANSA reserves the right to disclose data or information obtained through the provision of the Service to the relevant regulatory body. ARPANSA reserves the right to cease provision of the Service where a conflict of interest arises between ARPANSA and the Client or between the provision of the Service and the CEO’s obligations under the ARPANS Act (as determined at the CEO’s absolute discretion).
12. Jurisdiction and applicable law
12.1 The laws of the State of Victoria in Australia govern this Agreement.
13. Reservations
ARPANSA reserves the right to decline to provide the Service to any person or Client at its absolute discretion.
14. This Agreement is subject to the following Special Conditions:
s1. ARPANSA will manage all personal records received to the ANRDR in accordance with the Privacy Act 1988 (Cth).
s2. The Client will provide all data to the ANRDR via the web portal in line with the specifications outlined in either the Data Transfer Specifications Manual (employer submission) or Data Transfer Specifications (DSP submission)
s3. The Client must ensure that their customers (DSP submission) or employees (employer submission) are informed with respect to the submission of their dose records to the ANRDR.
s4. The Client must ensure that their privacy policy allows for the disclosure of the required information to the ANRDR.
s5. Submission of data to the ANRDR does not absolve the Client from abiding by the relevant State or Territory regulatory record-keeping requirements, unless otherwise agreed to by the relevant regulatory body.
15. Conditions of use
All authorised users are expected to:
15.1 Use the system as intended.
15.2 Not share login/account details.
15.3 Respect the privacy of data in the system.
15.4 Not damage or compromise the system.
15.5 Exercise due care, skill and judgement when submitting and interpreting data and using the system.
15.6 Acknowledge that ARPANSA reserves the right to refuse access if necessary.
