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Service Agreement Information Kit for Funded Organisations

3.19 Indemnity

Disclaimer: this disclaimer must be read in conjunction with the content of this page.

Under the Service Agreement all organisations are required to indemnify the department against any liability (which includes costs, damages, expenses and losses) that the department may incur as a result of any claim, arising from a breach of the Service Agreement or any law, or any unlawful or negligent act or omission.
Claims may relate to:

(a) loss of or damage to property;
(b) death or personal injury;
(c) a breach of any third party’s intellectual property rights;
(d) a breach of privacy Law; or
(e) a breach of recordkeeping obligations (refer to clause 6).

If the organisation’s liability is caused or contributed to by an unlawful or negligent act or omissions by the department or its officers or employees, the organisation's liability will be reduced by the amount that can be attributed to the action of the department or its officers or employees. This excludes contractors of the department (companies or consultants the department has engaged).