4 Terms and Conditions applying to Applications

4.1 Liability Issues

The Department is not liable to the applicant in relation to the Selection Process, including without limitation, when the Department:

• varies or terminates all or any part of the Selection Process or any negotiations with the Applicant,
• decides not to acquire any or all of the services sought through the Selection Process,
• varies the Selection Process, or
• exercises or fails to exercise any of its other rights under, or in relation to the Program Guidelines Suite.

4.2 The Department’s Rights

FaHCSIA reserves the right to amend the Program Guidelines Suite by whatever means it may determine in its absolute discretion and will provide reasonable notice of these amendments.

FaHCSIA reserves the right to mark any application ‘non-compliant’ if it has concerns about the genuineness of the information provided or where it feels the application has not been submitted in the spirit of the program as outlined in this document.

4.3 Disclaimer

The Department and its officers, employees, agents and advisors:

• are not, and will not be, responsible or liable for the accuracy or completeness of any information in or provided in connection with the Program Guideline Suite;
• make no express or implied representation or warranty that any statement as to future matters will prove correct;
• disclaim any and all liability arising from any information provided to the applicant, including, without limitation, errors in, or omissions contained in, that information;
• except so far as liability under any statute cannot be excluded, accept no responsibility arising in any way from errors or omissions contained in any information in this document and the Application Forms; and
• accept no liability for any loss or damage suffered by any person as a result of that person, or any other person, placing reliance on the contents of these documents, or any other information provided by the Department.

4.4 Fraud

FaHCSIA is committed to the Commonwealth Fraud Control Policy and Guidelines. Applicants should familiarise themselves with the Department’s Fraud Control Policy Statement which also underpins their respective fraud and risk minimisation responsibilities when dealing with the department. One key responsibility is to report all suspected fraud to the relevant contact officer and Fraud Control Manager within FaHCSIA.  

4.5 Personal Information

Any personal information you provide is protected under the Privacy Act 1988.  It can only be disclosed to someone else if you have been given reasonable notice of the disclosure; where disclosure is authorised or required by law or is reasonably necessary for the enforcement of the criminal law; if it will prevent or lessen a serious and imminent threat to a person’s life or health; or if you have consented to the disclosure.

If you have questions or concerns about how your personal information is handled you can contact the Privacy Officer at FaHCSIA on 02 6244 1449, the Privacy Commissioner on 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges) or the Australian Government Privacy Officer by emailing: privacy@privacy.gov.au.

4.6 Freedom of Information

All documents in the possession of FaHCSIA including those in relation to the Program are subject to the Freedom of Information Act 1982 (FOI Act). The FOI Act creates a general right of access to documents in the possession of FaHCSIA and this right of access is limited only by the exceptions and exemptions necessary for the protection of essential public interests and private and business affairs of persons in respect of whom the information relates.

Decisions regarding requests for access under the FOI Act will be made by an authorised decision-maker in accordance with the requirements of the FOI Act.

All FOI requests are to be referred to the FOI Coordinator, Public Law Branch, in FaHCSIA.

By mail:
FOI Coordinator
FaHCSIA
Public Law Branch, TOP CW2
GPO Box 7576
CANBERRA BUSINESS CENTRE ACT  2610

By email: foi@dss.gov.au

For more information on making a request for access to documents in the possession of FaHCSIA under the FOI Act, go to the Freedom of Information content on FaHCSIA's website(Opens in a new tab/window) at www.fahcsia.gov.au(Opens in a new tab/window)(Opens in a new tab/window).