not destroy or otherwise dispose of Records created or maintained under clause 37.1, except in accordance with the relevant Records Management Instructions, or as otherwise directed by the Department; and provide a list to the Department of any Records that have been destroyed, as directed by the Department. Access by Participants and Employers to Records held by the Provider Subject to this clause 38, the Provider must allow Participants and Employers who are individuals to access Records that contain their own Personal Information, and provide them with copies of such Records if they require, except to the extent that Commonwealth legislation would, if the Records were in the possession of the Commonwealth, require or authorise the refusal of such access by the Commonwealth including Records of the type set out in clause 38.3. The Provider must, in providing access to the requested Records in accordance with clause 38.1: ensure that the relevant Participant or Employer requesting the access in clause 38.1 provides proof of identity before access is given to the requested Records; and notate the relevant files with details of the Records to which access was provided, the name of the person granted access and the date and time of such access. Where a Participant or an Employer requests access to records containing information falling within the following categories: records also containing information about another person; medical/psychiatric records (other than those actually supplied by the Participant or Employer, or where it is clear that the Participant has a copy or has previously sighted a copy of the records); psychological records; and information provided by other third parties, the request must be directed by the Provider to the Department for consideration. The Provider must comply with any direction given by the Department in relation to the provision, or refusal, of access to Records held by the Provider to a Participant or Employer. Access to documents for the purposes of the Freedom of Information Act 1982 (Cth) In this clause 39, ‘document’ has the same meaning as in the Freedom of Information Act 1982 (Cth). The Provider agrees that: where the Department has received a request for access to a document created by, or in the possession of the Provider, any Subcontractor or any Third Party IT Provider, the Department may, at any time, by Notice, require the Provider to provide the document to the Department and the Provider must, at no additional cost to the Department, promptly comply with the Notice; the Provider must assist the Department in respect of the Department’s obligations under the Freedom of Information Act 1982 (Cth), as required by the Department; and
not destroy or otherwise dispose of Records created or maintained under clause 37.1, except in accordance with the relevant Records Management Instructions, or as otherwise directed by the Department; and provide a list to the Department of any Records that have been destroyed, as directed by the Department. Access by Participants and Employers to Records held by the Provider Subject to this clause 38, the Provider must allow Participants and Employers who are individuals to access Records that contain their own Personal Information, and provide them with copies of such Records if they require, except to the extent that Commonwealth legislation would, if the Records were in the possession of the Commonwealth, require or authorise the refusal of such access by the Commonwealth including Records of the type set out in clause 38.3. The Provider must, in providing access to the requested Records in accordance with clause 38.1: ensure that the relevant Participant or Employer requesting the access in clause 38.1 provides proof of identity before access is given to the requested Records; and notate the relevant files with details of the Records to which access was provided, the name of the person granted access and the date and time of such access. Where a Participant or an Employer requests access to records containing information falling within the following categories: records also containing information about another person; medical/psychiatric records (other than those actually supplied by the Participant or Employer, or where it is clear that the Participant has a copy or has previously sighted a copy of the records); psychological records; and information provided by other third parties, the request must be directed by the Provider to the Department for consideration. The Provider must comply with any direction given by the Department in relation to the provision, or refusal, of access to Records held by the Provider to a Participant or Employer. Access to documents for the purposes of the Freedom of Information Act 1982 (Cth) In this clause 39, ‘document’ has the same meaning as in the Freedom of Information Act 1982 (Cth). The Provider agrees that: where the Department has received a request for access to a document created by, or in the possession of the Provider, any Subcontractor or any Third Party IT Provider, the Department may, at any time, by Notice, require the Provider to provide the document to the Department and the Provider must, at no additional cost to the Department, promptly comply with the Notice; the Provider must assist the Department in respect of the Department’s obligations under the Freedom of Information Act 1982 (Cth), as required by the Department; and
final_consolidated_jobactive_deed_-_incorporating_gdv_7.docx