Terms of use

Purpose
1. Acceptance of Portal Terms of use
2. These are terms of use (Terms of use) pursuant to which the Commonwealth provides You (as described in clause 3.1.a below) with access to the Portal.
3. Terms of use for Portal Services
4. Additional terms of use may apply to any Portal Services, as set out at https://businessservices.health.gov.au/portal-help/portal-services, and You agree to comply with such terms of use in connection with Your use of the Portal Services.
Interpretation
1. words importing a gender include any other gender;
2. words in the singular number include the plural and words in the plural number include the singular;
3. clause headings are inserted for convenient reference only and have no effect in limiting or extending the language of the Terms of use to which they refer;
4. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority, agency, or other entity;
5. reference to a policy, legislation, ordinance, code or other law includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them;
6. another grammatical form of a defined word or expression has a corresponding meaning;
7. a reference within these Terms of use to a clause or paragraph number is a reference to that clause or paragraph of the Terms of use;
8. a reference to a part, attachment, schedule, item number, or annexure is to a part of, or attachment, schedule, item number or annexure to these Terms of use;
9. the meaning of general words is not limited by specific examples introduced by including, 'such as' or similar expressions, and words such as 'including' are not words of limitation; and
10. reference to days is to business days, being any day that is not Saturday, Sunday or a public holiday in Canberra, the Australian Capital Territory, Australia.
Terms of use
1. Definitions
2. In these Terms of use:
  1. the terms You and Your refer to the individual user of the Portal, any Portal Service and, where applicable, also includes a reference to each Client that has been identified as a contracting party which will use the Portal and any Portal Service.
  2. Access Credential, for Your HBS User Profile, means:
    1. Your myID login credentials for that HBS User Profile (refer to https://www.myid.gov.au/);
    2. Your login credentials created on the Portal for that HBS User Profile where You have not elected to use the option in clause 3.1.b.i,
    3. or any other means of credentialing as may be approved by the Commonwealth from time to time.
  3. Access Credential Verification means the identity verification requirements (if any) You must comply with before the first time You use Your Access Credentials and which may need to be periodically revalidated as and when advised by the Commonwealth.
  4. Account means an account validly created by the Commonwealth in accordance with clause 6 and any instructions issued by the Commonwealth for use of a Portal Service to be associated with a particular Client (for example, an organisation's account).
  5. Administrator, means any individual user of the Portal:
    1. assigned ‘Account administrator’ by the Commonwealth through the Portal under clause 6.2 for that Account; or
    2. whose Service User Profile has been assigned ‘Account administrator’ permissions by an individual with a validly created Service User Profile under clause 7.7.a.ii for that Account.
  6. Client means any natural person, organisation or any other type of association approved by the Commonwealth that is identified in the Portal as being capable of being associated with an Account.
  7. Commonwealth means the Commonwealth of Australia as represented by the Department of Health, Disability and Ageing ABN 83 605 426 759, or such other Commonwealth agency that has the responsibility for administering, or assisting with administering, the Portal and Portal Services from time to time.
  8. Draft Profile means the initial information supplied for the purposes of establishing a Service User Profile.
  9. Intellectual Property Rights include:
    1. all copyright (including rights in relation to phonograms and broadcasts);
    2. all rights in relation to inventions, plant varieties, trademarks (including service marks), designs and circuit layouts; and
    3. all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields,
    4. but does not include:
    5. moral rights under Part IX of the Copyright Act 1968 (Cth); or
    6. rights in relation to confidential information.
  10. Limited Action means a pre-defined set of Service Roles that You are able to perform only for a particular service or other activity offered on the Portal as informed by the Administrator from time to time.
  11. Material means any thing:
    1. submitted into the Portal by an Administrator, Service User or any other Users of the Portal; or
    2. communicated by the Commonwealth via the Portal,
    3. and includes any such thing in which Intellectual Property Rights arise.
  12. Multi-Factor Authentication means a security measure that requires You, when accessing Your Profile, to provide two or more proofs of identity to verify Your identity before granting access to the Portal. Proofs include, but are not limited to, a personal identification number (PIN), a secret question, a token or your biometric.
  13. Permitted Purpose means using the Portal for legitimate purposes, including viewing and managing Your health products and services or any other purpose as advised by the Commonwealth from time to time, subject to any restriction stated on the Portal. Such use must at all times be in accordance with the laws of Australia, including the Privacy Act.
  14. Personal Information has the same meaning as in the Privacy Act.
  15. Personnel means an officer, employee, agent or subcontractor of the Commonwealth.
  16. Portal means:
    1. the Portal Platform;
    2. any Portal Service; or
    3. both the Portal Platform and Portal Service(s).
  17. Portal Platform means the Health Business Services Digital platform administered by the Commonwealth as linked here (as updated from time to time) and which serves as a gateway for any Portal Service.
  18. Portal Service means any services that the Commonwealth makes available to you through the Portal Platform.
  19. Privacy Act means the Privacy Act 1988 (Cth).
  20. HBS User Profile means an online personal profile authorised by the Commonwealth, pursuant to which You or a User (as applicable) may access the Portal Platform.
  21. Relevant Authority means written evidence in accordance with clause 5 of Your authority to represent the relevant Account either as an Administrator or Service User or both.
  22. Representative means employee, agent, volunteer or any other type of relationship whereby You are holding Yourself out to be representing a Client.
  23. Sanctioned Person means any person, organisation or other body listed on the Department of Foreign Affairs’ Australian Sanctions Office Consolidated List who are subject to Australian sanctions linked here as updated from time to time: https://www.dfat.gov.au/international-relations/security/sanctions/consolidated-list.
  24. Service Roles means the permissions to perform any of the following functions in respect of an Account:
    1. lodgement, updating or correction of information;
    2. reviewing documentation;
    3. clarification of product features or health and safety information;
    4. invoicing and payment of fees; and
    5. any other functions which the Commonwealth makes available on the Portal from time to time.
  25. Service User means any person having a Service User Profile of the Portal whose Service User Profile has been assigned one or more Service Roles, or Limited Action by the Administrator.
  26. Service User Profile means an online personal profile authorised by the Commonwealth, pursuant to which You or a User (as applicable) may use the Portal Service.
  27. User means a natural person who has a HBS User Profile or both a HBS User Profile and Service User Profile.
Acceptance of Terms of use
1. Application of Terms of use
2. These Terms of use govern the relationship between You as an individual, Your Client, where applicable, as the Client’s authorised legal representative and the Commonwealth in relation to Your use of the Portal. By continuing to access the Portal, You accept the Terms of use as they apply from time to time and You accept the Terms of use on behalf of Your Client.
3. Disagreement regarding Terms of use
4. If You do not agree to these Terms of use, You will not be able to access the Portal and You must immediately cease using the Portal.
5. Failure to comply with Terms of use
6. Failure to comply with these Terms of use during Your use of the Portal may, at any time, result in Your HBS User Profile (or, if applicable, any one or more of Your Service User Profiles) being suspended or terminated in accordance with clause 13 of these Terms of use.
7. Updating Terms of use
8. The Commonwealth may, at its discretion and at any time, update these Terms of use by publishing any updates on the Portal.
Access to the Portal
1. Portal access conditions
2. You must:
  1. only access the Portal using the Access Credentials for Your HBS User Profile;
  2. comply with any Access Credential Verification requirements applicable to your Access Credentials;
  3. comply with any terms and conditions applicable to Your use of the Access Credentials for Your Client (for example, any terms and conditions applicable to myID); and
  4. not access the Portal as agent or representative of a Client, other than in accordance with clause 5.3 of these Terms of use.
3. Compliance with security measures
4. You must comply with all directions or security measures that the Commonwealth may from time to time, at its sole discretion, introduce to the Portal in order to minimise, as far as possible, any risk or threat posed to the Portal, Users or to Your HBS User Profile or Service User Profile, including but not limited to, the introduction of Multi-Factor Authentication.
5. Third party access
6. Subject to clause 5.4, if You are purporting to access the Portal as a Representative of a Client, then You must:
  1. have Relevant Authority;
  2. submit to the Commonwealth on its request Your Relevant Authority in a form acceptable to the Commonwealth;
  3. only use the Portal within the scope of the Relevant Authority; and
  4. cease using the Portal in relation to the relevant Client if the Relevant Authority is revoked.
7. Relevant authority
8. Your Relevant Authority must set out:
  1. the nature of Your relationship with the Client you are purporting to be a representative of;
  2. what you are permitted to do on behalf of the Client; and
  3. any other information which the Commonwealth may reasonably request from time to time.
Account creation and management
1. Creating Accounts
2. You may request that the Commonwealth establish an Account on the Portal provided that You:
  1. provide valid details of the Client for which you are seeking to create an Account in accordance with any instructions provided by the Commonwealth;
  2. provide sufficient evidence, as required by the Commonwealth (which may depend on your chosen Access Credentials), that You have authority to open an Account for the Client and are authorised to be an Administrator for the Account; and
  3. comply with the documentation requirements as required:
    1. on the Portal, as may be updated by the Commonwealth from time to time; or
    2. as otherwise informed by the Commonwealth from time to time.
3. Provided that You comply with clause 6.1, the Commonwealth may create an Account for the Client specified in clause 6.1.a and appoint You as Administrator.
Warranties and acknowledgements
1. Confirmation of identity
2. You represent and warrant that, as at the date of agreeing to these Terms of use and upon establishment of Your HBS User Profile:
  1. You promptly reviewed the individual identification details submitted to establish that HBS User Profile; and
  2. You have taken any necessary steps to ensure that all identification details submitted by You to the Commonwealth in connection with the Portal are true and correct and do not misrepresent Your identity.
3. Confirmation of whether You are associated with another Account
4. Confirmation of whether You are associated with another Account
  1. an Administrator of an Account with which Your Service User Profile has been linked or will be linked; and
  2. the Commonwealth on its request,
  3. details of this relationship which are sufficient to allow the Administrator to comply with clause 7.8.
5. Acknowledgement by all Users
6. You may, where permitted by the Commonwealth, create a Draft Profile for a prospective User on the Portal Service which will become a Service User Profile for the User upon the User accepting an invitation from the Commonwealth and complying with any additional requirements stated on the Portal Service. You warrant that You have obtained the individual’s consent to share their Personal Information (including their name and email address) with the Commonwealth through the Portal for the purposes of creating the Draft Profile and for other purposes stated in clause 10.4.
7. The Commonwealth and any Service User Profiles of an Account You are associated with may be able to see:
  1. Your name and the email address and phone number that You associated with that Account; and
  2. that you are associated with the Account.
8. You acknowledge that You have provided Your Personal Information (including Your name and email address) to the Commonwealth and that this information has been, is being, and may be used to create Your HBS User Profile or Service User Profile.
9. Additional representations, warranties and acknowledgements by Administrators
10. Clauses 7.7 to 7.11 of these Terms of use apply to You if You are an Administrator of an Account. Nothing in these clauses limits Your other representations, warranties, acknowledgements or obligations under these Terms of use.
11. You acknowledge that:
  1. You have the ability to undertake the following actions in relation to an Account You are an Administrator of:
    1. add a Draft Profile to that Account;
    2. assign ‘Administrator’ or ‘Service Roles’ (or both) permissions to any Service User Profile associated with that Account (such that the individual associated with that Service User Profile becomes an Administrator or assigned one or more Service Roles for that Account, as applicable);
    3. add a Service User Profile to be associated with that Account on a Portal Service provided they comply with applicable Portal Service terms of use;
    4. subject to clause 7.7.b, assign to a Service User Profile, associated with the Account, any Limited Actions;
    5. remove any ‘Administrator’ or ‘Service Roles’ (or both) permissions previously assigned to any Service User Profile, other than Your Administrator permissions, associated with the Account (such that the individual associated with that Service User Profile ceases to be an Administrator or Service User for that Account, as applicable and the Account can no longer be used by them);
    6. view all the Administrators, Service Users and Service User Profiles associated with the Account which You are an Administrator;
    7. submit a request to the Commonwealth to deactivate the Account; and
    8. update the Account’s addresses.
  2. You do not have the ability to assign, to a Service User Profile, any Service Roles which involve submission of documents for Commonwealth approval on behalf of a Client unless You provide sufficient evidence, as informed by the Commonwealth from time to time, that the Service User Profile is permitted to submit documents on behalf of the Client.
  3. You do not have the ability to do the things described in clause 7.12.a, unless You are also a Service User assigned with the necessary Service Roles for that Account.
12. If a Service User Profile, which is or will be associated with the Account for which You are an Administrator, informs You that they are associated with one or more other Accounts, You or another Administrator must:
  1. conduct appropriate checks to ensure that the activities which the Service User Profile (the Second User Profile) is performing will not create a conflict of interest with the activities which the Service User Profile is performing for another Account (the First User Profile) prior to the Second User Profile being added to the Account;
  2. Note: clause 7.8.a recognises that a User may be assigned Administrator or Service Role permissions for multiple Accounts within and across Portal Services which must be checked for any conflicts of interest.
  3. revalidate the checks in clause 7.8.a on a periodic basis as required by the Commonwealth; and
  4. provide the results of the checks in clauses 7.8.a and 7.8.b to the Commonwealth on request.
13. Upon adding any Service User Profile or Draft Profile to an Account, You represent and warrant that You:
  1. have obtained the Service User Profile’s or individual’s (as relevant) consent to share their Personal Information (including their name and email address) with the Commonwealth through the Portal for the purposes of adding them to the Account; and
  2. are acting in accordance with Your other obligations under these Terms of use (including, without limitation, Your obligations under clause 5.3.c and clause 7.8 of these Terms of use).
14. The Commonwealth is not responsible for managing permissions assigned to any Service User Profile associated with any Account for which You are an Administrator. It is Your responsibility to remove any permissions granted to any Service User Profile who no longer has authority to have such permissions.
15. The Commonwealth is not liable for any loss or damage suffered by You or Your Client for any Account which You are an Administrator as a result of Your granting another individual access to the Portal or assigning any permissions to such individual’s Service User Profile. This clause 7.11 continues to apply after You cease to be an Administrator for any given Client.
16. Additional acknowledgements by Service Users
17. If You are a Service User for Your Account, then You acknowledge that You:
  1. have the ability to:
    1. view certain information relating to Your Client on the Portal Services assigned to You by the Administrator under clause 7.7.a.iii provided You comply with applicable Portal Services terms of use;
    2. perform the Service Roles and Limited Actions assigned to you by the Administrator under clause 7.7.a.iv; and
  2. do not have the ability to do the things described in clause 7.7.a of these Terms of use unless You are also an Administrator for the Client Account.
18. Acknowledgement regarding the removal of Your permissions
19. You acknowledge and agree that, at any time, an Administrator for an Account may remove any ‘Administrator’ or ‘Service Role’ (or both) permissions assigned to Your Service User Profile for that Account (such that You would cease to be an Administrator or Service User for that Account, as applicable).
Lawful and appropriate use of the Portal
1. General obligations
2. You agree that You must:
  1. only use the Portal:
    1. for a Permitted Purpose and in accordance with any direction by the Commonwealth;
    2. in accordance with these Terms of use as amended from time to time and any other conditions notified by the Commonwealth on the Portal relating to the use of the Portal; and
    3. in a manner that does not infringe the Intellectual Property Rights of, or restrict or inhibit the use of the Portal by, any person;
  2. not share or otherwise disclose any Access Credentials for Your HBS User Profile (or, if applicable, any of Your Service User Profiles) or Multi Factor Authentication credentials enabling use of Your HBS User Profile with any other person or allow any other person to otherwise use the Portal representing themselves as You;
  3. ensure the Access Credentials for Your HBS User Profile (or, if applicable, any of Your Service User Profiles) are secured from unauthorised access or compromise;
  4. not access, or attempt to gain access, to any Materials other than those:
    1. submitted by You or a Service User through the Account for Your associated Client;
    2. to which the Commonwealth has given You express permission to use.
  5. immediately notify the Commonwealth of any unauthorised use of Your HBS User Profile (or, if applicable, any one or more of Your Service User Profiles) or any other breach of security that You become aware of, and take all other actions that the Commonwealth reasonably deems necessary to maintain or enhance the security of the Portal;
  6. maintain the details for Your HBS User Profile (or, if applicable, any one or more of Your Service User Profiles) and ensure that those details are at all times true, accurate, current and correct;
  7. not use or misuse the Portal in any way which may disrupt or impair the functionality, security or integrity of the Portal or other systems used for the Portal; and
  8. not transmit, input or otherwise make available via the Portal, any:
    1. harmful code or malware;
    2. unlawful, defamatory, obscene, offensive or scandalous Material, or any Material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person;
    3. Material in violation of any Intellectual Property Rights or any other applicable law, or Material that You do not have the right to use or transmit or input into the Portal; or
    4. Personal Information unless You have complied with, and continue to comply with:
      1. the Privacy Act, including obtaining any necessary consents from, and providing any required notifications to, individuals whose personal information is being used; and
      2. any applicable local laws in Your respective jurisdiction.
3. Non-compliant information
4. You acknowledge and agree that any Material submitted to the Portal that does not comply with the conditions in clause 8.1 of these Terms of use may be destroyed by the Commonwealth in its absolute discretion.
5. Compliance with law
6. You agree that:
  1. Your access to, and use of, the Portal is subject to:
    1. applicable Commonwealth legislation, including the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth) and the Privacy Act; and
    2. applicable local laws in Your respective jurisdiction if Your jurisdiction is not Australia including any obligations relating to the handling of Personal Information or its definitional equivalent in the applicable local laws; and
  2. penalties may apply for misuse of information obtained from the Portal or disclosure of information contrary to law.
7. At all times when You are using the Portal, You represent and warrant that You are not:
  1. a Sanctioned Person; or
  2. acting on behalf of a Sanctioned Person.
Audit logs
1. Logging of information
2. You acknowledge that Your use of the Portal will be logged for the purpose of security and usage monitoring.
Collection and disclosure of Personal Information
1. Compliance with Privacy Laws
2. The Commonwealth is bound by the Privacy Act and the Australian Privacy Principles (APPs).
3. Portal privacy notices
4. The Commonwealth collects, uses and discloses Personal Information in administering the Portal as part of its operation of the Portal. We refer to:
  1. our Portal Services privacy notices (as applicable) at
    1. https://www.odc.gov.au/about-us/odc-service-help/privacy-odc-service;
    2. https://businessservices.health.gov.au/portal-help/portal-services; and
    3. any other privacy notices as notified by the Commonwealth from time to time; and
  2. our Portal Platform privacy policy at https://businessservices.health.gov.au/portal-help/portal-privacy, as updated from time to time.
5. APP Privacy Policy
6. The Commonwealth has an APP privacy policy which contains information about:
  1. how You may access the Personal Information the Commonwealth holds about You and how You can seek correction of it; and
  2. how You may complain about a breach of:
    1. the Privacy Act;
    2. the APPs; or
    3. a registered APP code that binds the Commonwealth; and
  3. how the Commonwealth will deal with such a complaint.
7. Use of personal information
8. The Commonwealth may collect and use any information, including Your Personal Information, which You submit to the Portal:
  1. for the purposes of delivering different services on the Portal;
  2. to inform and develop improvements for the Portal;
  3. for compliance with law, Commonwealth policy and audit requirements; and
  4. any other purposes as informed by the Commonwealth from time to time.
Intellectual Property Rights
1. Authority to submit Material
2. You must not submit, edit or use any Material on the Portal for a purpose for which You do not have the express permission of the Intellectual Property Rights owner of the Material. If You have any doubt as to Your right to use the Material, please contact its owner. The Commonwealth is not liable if You infringe an owner’s Intellectual Property Rights in any Material.
3. Licence to the Commonwealth
4. You grant to (or will procure for) the Commonwealth a perpetual, royalty-free, non-exclusive licence (including a right of sub-licence) to use, reproduce, adapt, distribute and communicate the Material You submit in the Portal for any purpose required by the Commonwealth.
5. You acknowledge and agree that the licence granted or procured under clause 11.2 of these Terms of use does not limit or exclude any rights that the Commonwealth is entitled to exercise at law in relation to the Material.
6. Claiming ownership in Intellectual Property Rights
7. You must not claim ownership in any Intellectual Property Rights in relation to Materials which have not been submitted by You, or falsely claim or misattribute authorship of these Materials.
8. External site images
9. Any external site images used on the Portal or in association with the Portal are used with the permission of those external sites. You must, where possible, refer to the copyright statements or applicable terms of use at those websites before reproducing, communicating or other making use of the external site images.
Indemnification and liability
1. To the extent permitted by law, the Commonwealth is not liable, and excludes all responsibility for, any direct, indirect, incidental, special or consequential damages that result in any way from:
  1. Your use of, or inability to use, the Portal;
  2. Your reliance on the Portal or on any Materials;
  3. mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in operation in the Portal;
  4. transmission, or any failure of performance of the Portal;
  5. misuse of the Portal by You;
  6. the unavailability of the Portal for any reason, including:
    1. the Commonwealth suspending access at any time for any reason without notice;
    2. any delay in operation or transmission, communication failure, internet access difficulties or malfunctions in equipment or software;
    3. failure in continuous accessibility or uninterrupted operation of the Portal; or
  7. a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Portal or to Your downloading of any material posted on it or on any website linked to it,
  8. whether or not the damages are caused by any negligence on the part of the Commonwealth or its Personnel.
2. You remain solely responsible and liable for complying with all applicable laws in connection with Your use of the Portal.
3. You agree to indemnify the Commonwealth and its Personnel (those indemnified) from and against any loss or liability incurred as a consequence of a claim (including costs and expenses of defending or settling any claim), in connection with:
  1. loss or liability incurred;
  2. loss or damage to the property of the Commonwealth, its Personnel or any other person;
  3. loss incurred in dealing with any claim including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Commonwealth;
  4. personal injury/death of any person; and
  5. any other liability owed by those indemnified to any other person, arising from or as a consequence of any act or omission,
  6. in connection with your use of Portal, irrespective of whether or not there was fault on your part.
Termination of access
1. The Commonwealth may, in its sole discretion, discontinue, restrict, terminate or suspend Your access to the Portal or any component of it at any time for any reason (including security, economic, efficiency grounds), immediately and without notice.
2. Without restricting the Commonwealth’s other rights under this clause 13, the Commonwealth may, in its sole discretion, impose conditions on Your right to access the Portal, where You:
  1. breach any of these Terms of use or other conditions imposed by the Commonwealth regarding Your use of the Portal; or
  2. engage in misleading, deceptive, fraudulent, immoral or illegal conduct.
3. The Commonwealth may also change, limit, restrict, suspend or cease any feature, database, information, application, or content available on the Portal at any time and without any notice or potential liability arising out of this change.
4. You will be unable to access the Portal if the Commonwealth has terminated Your access. At its absolute discretion, the Commonwealth may reinstate Your access.
5. If the Commonwealth terminates Your access to the Portal You must destroy or return to the Commonwealth any documentation or Access Credential details that You hold.
6. The Commonwealth will not be liable to pay compensation for or related to the change, restrict, termination or suspension of Your access to the Portal or any part of it and You will not be entitled to compensation for any loss, damage or expense incurred as a result of the change, restriction, termination or suspension.
Survival
1. If access is terminated or suspended under clause 13 or You cease using the Portal, these Terms of use will survive the termination, suspension or Your cessation of use (as the case may be).
Disclaimer
1. You agree that:
  1. You assume all risks associated with Your use of the Portal, including the risk:
    1. of your computer, software or data being stolen, or damaged as a result of security breaches and/or online threats which might be transmitted or activated through the Portal or Your access to it; and
    2. that the content or use of the Portal does not comply with the laws of any country other than Australia;
  2. that You are solely responsible for any Material submitted in the Portal using Your HBS User Profile or Service User Profile.
  3. that any Material input via the Portal may be accessed by Personnel who are permitted access by the Commonwealth for the purposes of carrying out the compliance and other functions of the Commonwealth and for operating and administering the Portal.
2. The Commonwealth provides the Portal on an ‘as is’ and ‘as available’ basis for Your use.
3. The Commonwealth makes no:
  1. statements, representations, or express or implied warranties (to the extent permitted by law) that the content of and information accessed through the Portal will be at any time accurate, current and complete;
  2. representations that the contents contained in the Portal or the use of the Portal complies with the local laws where You are using the Portal outside of Australia;
  3. representations about the suitability or fitness for purpose of information provided on the Portal; and
  4. claims regarding the efficacy or suitability of processes and mechanisms provided by the Commonwealth through, on in association with the Portal including mechanisms to update information and upload documents to the Portal in a timely and efficient manner.
4. To the extent permitted by law, the Commonwealth does not represent, warrant or guarantee that:
  1. the Portal will be available at any particular time or location;
  2. use of the Portal and its Materials will not breach Intellectual Property Rights;
  3. continuous accessibility and uninterrupted operation of the Portal;
  4. any defects or errors in the Portal will be identified and/or corrected; or
  5. the Portal is free from viruses or other harmful components.
5. As a result of security breaches or other behaviour that is outside the control of the Commonwealth, there may be information or materials that may be offensive or perceived as unsuitable may be accessible through the Commonwealth. The Commonwealth makes no representation and gives no warranty that data accessible for viewing through the Portal will generally be acceptable to adults or suitable for viewing by minors.
6. The Commonwealth may make changes to the Portal (including by removing any Materials held in the Portal), conduct maintenance on the Portal, or otherwise temporarily or permanently cease to provide the Portal at any time and without notice.
7. The Commonwealth may withdraw the use of an Access Credential at any time and without notice to You, and that You will be required to use a different Access Credential to access Your HBS User Profile.
8. The Portal is hosted in a cloud environment and has been designed to meet relevant requirements under the Australian Government Protective Security Policy Framework and the Information Security Manual. However, You acknowledge that the Commonwealth does not give any representation or warranty that the Portal or any underlying environment or platform is secure or meets a particular security standard.
9. Where the Portal links to third party information, You are responsible for making Your own enquiries and decisions about the accuracy, reliability, currency and completeness of information contained in such information. The Commonwealth accepts no legal liability arising from or connected to Your use or reliance on any third party information.
General
1. You cannot assign Your obligations or rights under these Terms of use without the prior written consent of the Commonwealth, which may be withheld in the Commonwealth’s complete discretion or given on conditions.
2. A reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision.
3. If any of these Terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of use will continue in full force.
4. You are not by virtue of these Terms of use an officer, employee, partner or agent of the Commonwealth, nor do You have any power or authority to bind or represent the Commonwealth. You agree to not misrepresent Your relationship with the Commonwealth or imply in any way that the Commonwealth recommends Your products.
5. These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and the Commonwealth of Australia.
6. If either party waives any breach of these Terms of use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Page last updated: 30 May 2026