Terms and Conditions

The National Commission of Audit website www.ncoa.gov.au  (the Website) is provided by the Commonwealth of Australia represented by the Department of Finance (Finance).  It is a website facility to assist the National Commission of Audit report against its Terms of Reference issued by the Commonwealth Government.

If you intend to use the Website, you must agree to the following Terms and Conditions. We encourage you to familiarise yourself with these Terms and Conditions before using the Website.

1. General Conditions

 These conditions apply to your use of any and all parts of the Website.

1.1 Application of these Terms and Conditions

By using the Website, you agree to be bound by these Terms and Conditions.  Use means any kind of interaction with the Website, and includes accessing material or making a submission.

1.2 Indemnity

You agree to indemnify Finance for any loss or damage to Finance or any third party arising from:

  1. a breach of any of these Terms and Conditions by you;
  2. material you submit and consent to being used (including published) on the Website, or in the report of the Commission of Audit, being so used; and
  3. any negligence by you in relation to the use of the Website, or in relation to any submission or material you provide in relation to the work of the National Commission of Audit.

1.3 Reservations

Finance reserves the right, in its sole discretion, to;

  1. restrict, suspend or prevent your access to all or any part of the Website; and
  2. publish on or move or remove from the Website any material, including one or more submissions or extracts from submissions.

1.4 Variation of Terms and Conditions

Finance may change the Terms and Conditions from time to time. The update information (appearing at the bottom of this page) indicates the date on which these Terms and Conditions were last amended. By using this Website, you are agreeing to be bound by any such amendments to the Terms and Conditions immediately upon a notification of the amended Terms and Conditions appearing on the Website.

1.5 Security

In using the Website, you agree not to:

  1. modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, or attempt to do any of these things;
  2. tamper with other persons' access to the Website or commit unauthorised intrusion into any part of the website, including computers, files, accounts, networks and equipment;
  3. use any part of the Website for which you are not authorised or devise ways to circumvent security in order to access part of the Website for which you are not authorised. This includes but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not;
  4. misuse or attempt to misuse the Website. This includes, but is not limited to, denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, and intentional invasion of privacy.

1.6 Governing law and enforceability

Your use of the Website is governed by the laws of the Australian Capital Territory, and any legal action relating to the Website will be conducted in the jurisdiction of the courts of the Australian Capital Territory or the Federal Court of Australia.

Any and all legal proceedings arising out of or in connection with the Website shall be conducted in the Australian Capital Territory.

1.7 Severance

If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, they shall be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.

2. Submissions

These conditions apply to any submissions you may make or material you may provide in relation to the National Commission of Audit, using the Website, or otherwise.

2.1 Form and process

  1. If and when a call for submissions in relation to the National Commission of Audit is made:
    1. you will lodge your submission by the closing time and date;
    2. your submission will be relevant to one or more parts of the Terms of Reference of the National Commission of Audit;
    3. your submission will include a duly completed coversheet in the form specified on the Website;
    4. unless otherwise agreed, you will lodge your submission electronically using the Website - in Microsoft Word or another text based format, with print font size of not less than 12 point, and a file size of not more than 15 megabytes; and
    5. your submission, when printed, should not exceed 15 pages in length, with attachments (in aggregate), not to exceed an additional 10 pages (ie no more than 25 pages in total).
  2. Receipt of a submission will be acknowledged electronically (unless otherwise agreed), but no further correspondence will be entered into unless additional information or clarification is required by the National Commission of Audit.

2.2 Intellectual Property and use

  1. Unless otherwise agreed, you acknowledge that the Commonwealth of Australia is the owner of the intellectual property in all submissions made or material you provide in relation to the National Commission of Audit and its work.
  2. In so far as the Commonwealth of Australia is not the owner of intellectual property, you consent to the publication of all or part of your submission (excluding personal or confidential matters noted in the submission) on the Website, in the report by the National Commission of Audit and any other use in connection with the work of the National Commission of Audit. 
  3. If your submission includes material in which a third party has rights, you acknowledge that you have obtained the consent of that third party to the use to which that material you have acknowledged and agreed may be put.
  4. Your submission (or part of it) may be made publicly available. If your submission contains confidential or sensitive information which you do not wish to be made public, please identify the information and explain your concerns. Requests for access to your submission, including any confidential or sensitive information, may be made and will be determined in accordance with the law, in particular the Freedom of Information Act 1982 (Cth)

3. Your obligations

3.1 Material Submitted or Provided

When submitting or providing any material to the National Commission of Audit (whether for use on the Website, or otherwise), you agree:

  1. not to impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious. Making false, misleading or deceptive representations that you are another person or character can amount to a criminal offence and give rise to civil liability;
  2. not to make a submission or provide material that is misleading, deceptive, false, defamatory or libellous;
  3. not to upload, post, e-mail, transmit or otherwise reproduce, publish, perform, communicate, adapt or otherwise make available material that you do not have a right to under any law or contractual obligation;
  4. not to infringe the intellectual property rights of others;
  5. not to upload, post, e-mail, transmit or otherwise make available using the Website material which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  6. not to include in a submission, or provide, material that contains or links to any commercial advertising material;
  7. not to publish, distribute, e-mail, transmit, disseminate or provide any material which is unlawful, inappropriate, obscene, defamatory, indecent, offensive, abusive, harassing, threatening, discriminatory or otherwise violating the rights of others; and
  8. not to breach any applicable law or regulation (whether civil or criminal consequences may arise), nor use the Website to conduct any illegal activity or solicit the performance of any illegal activity.

3.2 Material Accessed

In relation to material that you access on the Website, you agree:

  1. not to upload, post, e-mail, transmit or otherwise reproduce, publish, perform, communicate, adapt or otherwise make available that material unless you have a legal right to do so;
  2. not to infringe the Intellectual Property rights of Finance and/or others in that material; and
  3. not to breach any applicable law or regulation (whether civil or criminal consequences may arise), nor use the Website to conduct any illegal activity or solicit the performance of any illegal activity.

4. Related Links

The Terms and Conditions include this webpage as well as the following notices on the Website: