What you must do

3. Your obligations in carrying out the Activity

3.1 You must carry out the Activity as required by this Agreement, including meeting all objectives, timeframes and milestones. 
3.2 In carrying out the Activity, you must:

1. use all proper care;  and
2. comply with any codes of ethics, regulations or other industry standards relevant to the Activity; and
3. comply with all relevant laws and in particular, take all reasonable actions to ensure that no fraud occurs; and
4. pay all taxes, duties and government charges imposed in Australia or overseas in connection with this Agreement; and
5. comply with any Commonwealth policy notified to you in writing; and
6. notify us immediately if a conflict of interest arises, or could reasonably be perceived by others to have arisen, that may restrict you undertaking the Activity in a fair and independent way; and
7. communicate with us, especially if there is an issue that may delay, stop or adversely affect the Activity; and
8. provide information we reasonably require.

3.3 You must also comply with any Supplementary Conditions set out in Annexures to the Schedule, which form part of these Terms and Conditions.
3.4 You must establish and publicise the existence of a documented complaints process which you must use to deal with any complaints by your clients unless otherwise required by another part of this Agreement and:

1. If your clients are dissatisfied with the results following their complaint/s you must refer your clients to our complaints service unless otherwise required by another part of this Agreement for further investigation of the complaint and you must assist us in the investigation of the complaint. Details of our complaints service can be found on our website.
2. You must, on our request, give to us access to or copies of your Complaints Register in accordance with clause 5.5.
3. Copies of all correspondence and other materials received or created by you in connection with any of the above must be kept in accordance with clause 5.2.

4. Your obligation to acknowledge our support

4.1 In all Agreement Material you publish, you must acknowledge our financial and other support.
4.2 When doing so, you must use any form of acknowledgment we reasonably specify.

5. Your obligation to keep records and provide reports

5.1.A You must keep accurate records and accounts including:

1. receipts, proof of purchase and invoices, to show how you spend the Funding and carry out the Activity, and
2. client records in accordance with this Agreement and any legislative requirements.

5.1.B You acknowledge that giving false or misleading information to the Department is a serious offence under section 137.1 of the Criminal Code Act 1995 (Cth)
5.2 You must keep these records and accounts in their original form for at least 5 years after the Activity Period or other period as required by legislation.
5.3 In addition, you must prepare and give us the reports required and specified in the Schedule.
5.4 If we consider that the form or content of a report is not adequate for our purposes, we can request you to submit a revised report.  You must submit that revised report within 30 Business Days of our request, unless we specify a shorter or longer time.
5.5 You must also at all reasonable times allow access to all records, accounts, documents and papers relating to this Agreement, including those relating to how you are carrying out the Activity and receiving or spending the Funding and to allow copies of these materials to be taken by the following:

1. us, or persons authorised by us, or
2. the Commonwealth Auditor-General, or
3. the Commonwealth Privacy Commissioner, or
4. the Commonwealth  Director of Evaluation and Audit or person authorised by them.

For the purpose of clause 5.5 the parties agree that:

1. ‘access’ includes access to your premises (which means premises occupied by you or where any obligation under this Agreement is undertaken and/or wherever any Assets may be located).
2. You must provide such assistance as may be needed to allow access to all records, accounts, documents and papers relating to this Agreement.

5.6 However, you do not have to allow access to, or copies to be made of, Secret and Sacred Material.