shall inform its Subcontractors that <strong>CrimTrac</strong> may be required to publicly disclose theSubcontractor’s participation in the performance of this <strong>Contract</strong>.8.7 Security8.7.1 The <strong>Accredited</strong> <strong>Agency</strong> shall ensure that at all times it abides by the security provisions asoutlined in the NPCS Information Security Requirements as contained in the NPCS User Manualat Attachment G as updated by <strong>CrimTrac</strong> from time to time.8.7.2 The <strong>Accredited</strong> <strong>Agency</strong> must provide a written security report to <strong>CrimTrac</strong> immediately if itbecomes aware or reasonably suspects that a Security Incident has or may have occurred.8.7.3 The security report will include the following information:a. details regarding all Security Incidents, including steps taken by the <strong>Accredited</strong> <strong>Agency</strong>to address these;b. perceived security problems;c. where appropriate, recommendations for security improvements;d. proposed and actual changes of Personnel; ande. any other information <strong>CrimTrac</strong> reasonably requires.9 POLICY AND LAW9.1 Applicable Law9.1.1 The laws of the Australian Capital Territory shall apply to this <strong>Contract</strong>. The courts of thatTerritory shall have non-exclusive jurisdiction to decide any matter out of this <strong>Contract</strong>.9.1.2 The <strong>Accredited</strong> <strong>Agency</strong> shall, in the performance of this <strong>Contract</strong>, comply with and ensure itsofficers, employees, agents, Subcontractors and Personnel comply with, the laws from time totime in force in the State, Territory or other jurisdiction (including overseas) in which any partof this <strong>Contract</strong> is carried out.9.2 Compliance with Other Laws9.2.1 The <strong>Accredited</strong> <strong>Agency</strong> agrees, in performing this <strong>Contract</strong>, to comply with all relevantlegislation of the Commonwealth or of any State, Territory or local authority, and in particular:a. the Crimes Act 1914 (Cth);b. the Privacy Act 1988 (Cth);c. the Racial Discrimination Act 1975 (Cth);d. the Sex Discrimination Act 1984 (Cth);e. the Disability Discrimination Act 1992 (Cth);f. the Equal Opportunity for Women in the Workplace Act 1999 (Cth).9.2.2 Where the Police History Information is subject to any legal processes, including but not limitedto a subpoena or a freedom of information request, the <strong>Accredited</strong> <strong>Agency</strong> will consult to theextent allowable under the law in the first instance with <strong>CrimTrac</strong> and all other parties whoseinterest in the documents or information is either obvious or apparent, upon receipt of suchaction or application and prior to its finalisation.9.3 Suspension and SeverabilityUNCLASIFIED13
9.3.1 <strong>CrimTrac</strong> may suspend the provision of the NPCS where the <strong>Accredited</strong> <strong>Agency</strong> has committeda breach of this <strong>Contract</strong> or <strong>CrimTrac</strong> reasonably suspects that the <strong>Accredited</strong> <strong>Agency</strong> hascommitted a breach or may commit a breach of this <strong>Contract</strong>, until such time as:a. The breach by the <strong>Accredited</strong> <strong>Agency</strong> has been remedied to the satisfaction of<strong>CrimTrac</strong>;b. <strong>CrimTrac</strong> has investigated the conduct or activity of a suspected or alleged breach andthe <strong>Accredited</strong> <strong>Agency</strong> has taken action required by <strong>CrimTrac</strong> to address the suspectedor alleged breach; orc. <strong>CrimTrac</strong> otherwise decides to end the suspension.9.3.2 If any part of this <strong>Contract</strong> is or becomes illegal, invalid or unenforceable, the legality, validityor enforceability of the remainder of this <strong>Contract</strong> shall not be affected and shall be read as ifthat part had been severed.9.4 Privacy9.4.1 The <strong>Accredited</strong> <strong>Agency</strong> shall:a. use or disclose Personal Information obtained during the course of this <strong>Contract</strong>, onlyfor the purposes of this <strong>Contract</strong>;b. not do any act, or engage in any practice that would breach an Information PrivacyPrinciple contained in section 14 of the Privacy Act 1988 (Cth) (the Act), which if doneor engaged in by <strong>CrimTrac</strong>, would be a breach of that Information Privacy Principle;c. not use or disclose Personal Information, or engage in an act or practice that wouldbreach section 16F of the Act, or a National Privacy Principle, particularly NationalPrivacy Principles 7 through to 10, or an Approved Privacy Code, unless:(i)(ii)in the case of section 16F, the use or disclosure is necessary, directly or indirectly,to discharge an obligation under this <strong>Contract</strong>; orin the case of a National Privacy Principle or an Approved Privacy Code, theactivity or practice is engaged in for the purpose of discharging, directly orindirectly, an obligation under this <strong>Contract</strong>, and the activity or practice isconsistent with the National Privacy Principle or Approved Privacy Code;d. on request, notify individuals whose Personal Information is held by the <strong>Accredited</strong><strong>Agency</strong>, Subcontractor or Customer, as the case may be, of the complaints mechanismoutlined in the Act that may apply to the <strong>Accredited</strong> <strong>Agency</strong>;e. disclose in writing to any person who asks, the content of the provisions of this<strong>Contract</strong> (if any) that are inconsistent with a National Privacy Principle or an ApprovedPrivacy Code binding a Party to this <strong>Contract</strong>;f. carry out and discharge the obligations contained in the Information Privacy Principlesas if it were an agency under the Act; andg. ensure that any officer, employee, or agent of the <strong>Accredited</strong> <strong>Agency</strong> who is requiredto deal with Personal Information for the purposes of this <strong>Contract</strong>, is made aware ofthe obligations of the <strong>Accredited</strong> <strong>Agency</strong> as set out in clause 9.4.9.4.2 The <strong>Accredited</strong> <strong>Agency</strong> shall promptly notify the <strong>CrimTrac</strong> Representative if the <strong>Accredited</strong><strong>Agency</strong>:UNCLASIFIED14