Accredited Agency Contract (Customers) - TEMPLATE - CrimTrac

a. becomes aware of a breach or possible breach of any of the obligations contained in,or referred to, in clause 9.4, whether by the Accredited Agency, a Subcontractor or aCustomer;b. becomes aware that a disclosure of Personal Information may be required by law; orc. is approached by the Privacy Commissioner, or by any individual to whom any PersonalInformation held by the Accredited Agency, Subcontractor or Customer relates, inrespect of Personal Information.9.4.3 The Accredited Agency shall ensure that any Subcontract entered into for the purposes offulfilling its obligations under this Contract, and any Customer Contract entered into inconsequence of this Contract, contains provisions to ensure that the Subcontractor andCustomer have the same obligations as the Accredited Agency under clause 9.4, including therequirement in relation to Subcontracts and Customer Contracts.9.4.4 The obligations of the Accredited Agency outlined in clause 9.4 survive the expiration of thisContract.10 DISPUTE AND TERMINATION10.1 Resolution of Disputes10.1.1 If a dispute arising between CrimTrac and the Accredited Agency cannot be settled bynegotiation (including negotiation between senior management of the Parties) within thirty(30) days, the Parties may agree to use an alternative dispute resolution process to attempt toresolve the dispute.10.1.2 The Parties agree that at all times during the dispute they will continue to fulfil their obligationsunder this Contract.10.1.3 Each Party will bear its own costs of complying with clause 10.1, and the Parties must bearequally the cost of any third person engaged under clause 10.1.1.10.1.4 Clause 10.1 does not apply to:a. action by CrimTrac under or purportedly under clause 10.4;b. action by either Party under or purportedly under clause 10.3; orc. legal proceedings by either Party seeking urgent interlocutory relief.10.2 Police History Dispute Resolution10.2.1 The Accredited Agency shall ensure that an Applicant for a NPHC is notified of any mattersrelating to Police History Information obtained from a NPHC that could cause an adversedecision in respect to their assessment.10.2.2 Where an Applicant disputes the information provided from police records, either in part or infull, the Accredited Agency shall notify CrimTrac of a prospective dispute using the procedureset out in the NPCS User Manual at Attachment G.10.2.3 The Accredited Agency shall ensure that all Customer Contracts contain provisions substantiallyto the effect of clause 10.2.10.3 Termination for Fault10.3.1 CrimTrac may, in addition to any other right or remedy it may have, by notice in writing to theAccredited Agency, immediately terminate this Contract, reduce the scope of this Contract, orUNCLASIFIED15