compliance with relevant work, health and safety and industrial relations legislation; and its Personnel; and reasonable assistance to: inspect its Sites or premises; inspect the performance of Services; and locate, inspect, copy and remove, all Material including data stored on the Provider’s information technology systems. Limitation on access rights Subject to clause 44.3 the rights referred to in clause 44.1 are subject to: the provision of reasonable prior notice to the Provider; and the Provider’s reasonable security procedures. Investigation of Breaches and Fraud If a matter is being investigated that, in the opinion of the Department, may involve: an actual or apprehended breach of the law; a breach of the Deed; or suspected fraud, clause 44.2 does not apply, and Department Employees may remove and retain Material and original Records that are relevant to the investigation, including items stored on an electronic medium, provided that they return a copy of all relevant Records to the Provider, or the relevant Material and original Records, within a reasonable period of time. Note: are additional rights of access under the Ombudsman Act 1976 (Cth), the Privacy Act 1988 (Cth), and the Auditor-General Act 1997 (Cth). CHAPTER 4 DEED ADMINISTRATION Section 4A Indemnity and insurance Indemnity General indemnity The Provider must indemnify (and keep indemnified) the Department against any: loss, cost or liability incurred by the Department; loss of or damage to the Department’s property; or loss or expense incurred by the Department in dealing with any claim against the Department, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by the Department,
compliance with relevant work, health and safety and industrial relations legislation; and its Personnel; and reasonable assistance to: inspect its Sites or premises; inspect the performance of Services; and locate, inspect, copy and remove, all Material including data stored on the Provider’s information technology systems. Limitation on access rights Subject to clause 44.3 the rights referred to in clause 44.1 are subject to: the provision of reasonable prior notice to the Provider; and the Provider’s reasonable security procedures. Investigation of Breaches and Fraud If a matter is being investigated that, in the opinion of the Department, may involve: an actual or apprehended breach of the law; a breach of the Deed; or suspected fraud, clause 44.2 does not apply, and Department Employees may remove and retain Material and original Records that are relevant to the investigation, including items stored on an electronic medium, provided that they return a copy of all relevant Records to the Provider, or the relevant Material and original Records, within a reasonable period of time. Note: are additional rights of access under the Ombudsman Act 1976 (Cth), the Privacy Act 1988 (Cth), and the Auditor-General Act 1997 (Cth). CHAPTER 4 DEED ADMINISTRATION Section 4A Indemnity and insurance Indemnity General indemnity The Provider must indemnify (and keep indemnified) the Department against any: loss, cost or liability incurred by the Department; loss of or damage to the Department’s property; or loss or expense incurred by the Department in dealing with any claim against the Department, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by the Department,
des-dms_deed.docx