Accredited Agency Contract (Customers) - TEMPLATE - CrimTrac

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PartiesThis Contract made between the Commonwealth of Australia represented by the CrimTracAgency, an Executive Agency established under section 65 of the Public Service Act 1999 (Cth)(A.B.N. 171 93 904 699) (“CrimTrac”) and [INSERT COMPANY LEGAL NAME A.C.N./A.R.B.N. ANDA.B.N. AS APPLICABLE] and having its registered office at [INSERT PHYSICAL ADDRESS] (the“Accredited Agency”), herein after referred to collectively as ‘the Parties’.RecitalsA. CrimTrac, in cooperation with the Australian Police Agencies, uses a central index toprovide controlled access to the National Police Checking Service (NPCS) to dulyaccredited third parties, principally for the purposes of ensuring that persons:1. in positions of trust;2. in specified fields of endeavour; or3. who are required to meet mandated requirementsare adequately screened for criminal records.B. The Accredited Agency has been approved by CrimTrac (on behalf of the AustralianPolice Agencies) to have access to the NPCS for:1. the Accredited Agency’s own use in conducting police history checking of its employees(including paid, unpaid, potential or existing), consultants and contractors;2. provision of the NPCS to its Customers for conducting police history checking of theCustomer’s employees; and3. provision of the NPCS directly to an Applicant.UNCLASIFIED1
Agreed Terms1 INTERPRETATION1.1 Definitions1.1.1 In this Contract, unless a contrary intention appears, words, abbreviations and acronyms havethe meanings given them in the Glossary at Attachment A.1.2 Interpretation1.2.1 In this Contract, unless the contrary intention appears:a. headings are for the purposes of convenient reference only and do not form part ofthis Contract;b. the singular includes the plural and vice-versa;c. a reference to one gender includes the other;d. a reference to a person includes a body politic, body corporate or a partnership;e. if the last day of any period prescribed for the doing of an action falls on a day which isnot a Business Day, the action shall be done no later than the end of the next BusinessDay;f. a reference to an Act is a reference to an Act of the Commonwealth, State or Territoryof Australia, as amended from time to time, and includes a reference to anysubordinate legislation made under the Act;g. a reference to a “dollar”; “$”, “$A” and AUD means the Australian dollar unlessotherwise stated;h. a reference to a specification, publication, Commonwealth policy or other document isa reference to that specification, publication, Commonwealth policy or document, ineffect on the Effective Date and updated from time to time, or alternatively, areference to another version of the document if agreed in writing between the parties;i. the word “includes” in any form is not a word of limitation; andj. a reference to a Party includes that Party’s administrators, successors, and permittedassigns, including any person to whom that Party novates any part of this Contract.1.3 Term of Agreement1.3.1 This Contract commences on the Effective Date and continues for a period of three (3) years.1.3.2 Three (3) months prior to the expiration of this Contract, and without obligation, the Partieswill enter into negotiations, in good faith, with a view to entering into a further Contractrelating to the continued provision of the NPCS.1.4 Entire Agreement1.4.1 This Contract, including all attachments, represents the Parties’ entire agreement in relation tothe subject matter, and supersedes all offers and prior representations, communications,agreements, statements and understandings, whether oral or in writing.UNCLASIFIED2
Page 1 and 2: Contract for access to the NPCSBetw
Page 3: 8.3 COMMERCIAL-IN-CONFIDENCE AND CO
Page 7 and 8: For CrimTrac at:Manager, Customer R
Page 9 and 10: 3.2.9 CrimTrac may, at its absolute
Page 11 and 12: 6.1 Indemnity6.1.1 The Accredited A
Page 13 and 14: Police History Information relating
Page 15 and 16: 8.5.1 During this Contract, the Acc
Page 17 and 18: 9.3.1 CrimTrac may suspend the prov
Page 19 and 20: suspend the scope of Services avail
Page 21 and 22: A.1 ACRONYMS AND ABBREVIATIONSATTAC
Page 23 and 24: ContractCopyCrimTracCrimTrac Person
Page 25 and 26: National Police History Check or NP
Page 27 and 28: ATTACHMENT BSTATEMENT OF SERVICESB.
Page 29 and 30: ATTACHMENT CHANDLING OF POLICE HIST
Page 31 and 32: D.1 Fees PayableD.1.1ATTACHMENT DFE
Page 33 and 34: ATTACHMENT FDEED OF CONFIDENTIALITY
Page 35 and 36: 1. PURPOSEThe purpose of this docum
Page 37 and 38: search utilises a name-matching alg
Page 39 and 40: 5.3. SOME EXAMPLES OF UNSUITABLE AN
Page 41 and 42: Agencies are required to bring to t
Page 43 and 44: The Dispute ProcessDisclosable Cour
Page 45 and 46: Place of BirthCanberra ACT Australi
Page 47 and 48: DICKSON ACT 2602(GPO Box 1573CANBER
Page 49 and 50: Accredited agencies must maintain a
Page 51 and 52: 13.1. DATA MANAGEMENTAn accredited
Page 53 and 54: • It is recommended that the Auth
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The accredited agency is responsibl
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As the NPCS operates in a national
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longer required. They should also b
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This fact sheet provides the text o
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Where a record keeper has possessio
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write to: GPO Box 5218, Sydney NSW
Page 67 and 68:
2. Use and disclosure2.1 An organis
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(ii) the enforcement of laws relati
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3. Data qualityAn organisation must
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6.4 If an organisation charges for
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(f)the organisation has taken reaso
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telephone 1300 363 992write to: GPO
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Attachment C, Item C.1.8Use of Crim
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Accredited Agency Contract (Customers) - TEMPLATE - CrimTrac

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