These Terms of Use govern access to and use of the Independent Children’s Lawyers website: www.icl.gov.au. By accessing the Independent Children’s Lawyers website (website) you acknowledge and accept these Terms of Use and the website Privacy Policy (see below 9. Your Privacy). The Independent Children’s Lawyers website may at any time change these Terms of Use or any other content of this website.
- NOT ADVICE
The information provided on the Independent Children’s Lawyers website is not intended to constitute legal, or other professional advice.
- IMPLIED TERMS & LIMITATIONS
To the extent permitted by law, National Legal Aid (NLA) disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this content of the website, including, without limitation, any warranty that the information or services provided in the website are fit for a particular purpose. You acknowledge that you have exercised and relied upon your own skill in determining whether the information or services provided in this website meet your particular requirements, and that you have not relied on any statement or representation made on behalf of NLA or the Independent Children’s Lawyers website.
- DISCLAIMER
While care and diligence have been used to maintain the information on the Independent Children’s Lawyers website, it may not be accurate, current or complete in all respects and, consequently, the Independent Children’s Lawyers website does not make any representations or warranties as to the accuracy, currency or completeness of the information.
The Independent Children’s Lawyers website is not responsible to you or anyone else for any loss suffered in connection with the use of the Independent Children’s Lawyers website or any of its content.
The Independent Children’s Lawyers website expressly disclaims all and any liability to any person in respect of anything and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of the Independent Children’s Lawyers website.
The Independent Children’s Lawyers website excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Independent Children’s Lawyers website, its content or the information on it, including links to other websites.
Where liability cannot be excluded, any liability incurred by us in relation to the use of the Independent Children’s Lawyers website or its content, is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, the Independent Children’s Lawyers website will not be liable for any consequential, incidental, indirect or special loss.
- INTELLECTUAL PROPERTY
Users of the Independent Children’s Lawyers website are granted a non-exclusive, non-assignable and non-transferable licence to use the Independent Children’s Lawyers website only in accordance with these Terms of Use. Nothing in these Terms of Use or the Independent Children’s Lawyers website will give users ownership of the content. Users may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the content except as:
- expressly authorised either in the Independent Children’s Lawyers website or these Terms of Use;
- permitted under the Copyright Act; or
- authorised in writing by Independent Children’s Lawyers website.
The Independent Children’s Lawyers website owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Independent Children’s Lawyers website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Independent Children’s Lawyers website are owned exclusively by the Independent Children’s Lawyers website, its related bodies corporate or others who have licensed their material to the Independent Children’s Lawyers website (unless expressly indicated otherwise).
The Independent Children’s Lawyers website reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of this website and are not explicitly licensed.
Prohibitions
Users of the Independent Children’s Lawyers website must not:
- use the Independent Children’s Lawyers website in any way contrary to law or regulation or these Terms of Use,
- undertake data harvesting of personal information from the Independent Children’s Lawyers website,
- use information obtained from Independent Children’s Lawyers website about a person, corporation or other entity to send unsolicited communications to that person, corporation or other entity,
- in any way interfere with access to, or functionality of, the Independent Children’s Lawyers website or any transaction or process undertaken via the Independent Children’s Lawyers website, or
- unless explicitly authorised in the website reproduce, incorporate or store any information from the Independent Children’s Lawyers website, without the prior written consent of the Independent Children’s Lawyers website has been obtained.
- NATIONAL ICL ONLINE PHASE 1 TRAINING TERMS OF SERVICE
By making a payment and engaging the National ICL Training Centre of the Independent Children’s Lawyers website to provide you the National ICL Online Phase 1 training, you are confirming that you understand and agree to the terms and conditions of the website.
5.1 Provision of services upon receipt of payment
We will send you a registration confirmation via e-mail with your login details for the training.
5.2 Limitations to provision of service
By completing phase 1 online training successfully, we cannot guarantee that you will be selected to undertake your preferred date and location of phase 2 training. There are limited places available in each location for phase 2 training and whilst we make all efforts to try and accommodate all trainees that apply to attend phase 2 training at the location and date trainees prefer, we cannot guarantee that you will be registered to attend phase 2 training dates and locations preferenced by trainees. Preference will be given to trainees who apply to register for phase 2 training based in the State/Territory where training is located.
Each enrolee for phase 2 training will be notified of whether they have been accepted into their preferred phase 2 training date and location at least 2 weeks prior to the scheduled training date. The phase 2 training venue is subject to change at least 72 hours before the phase 2 training commencement date. Should any cancellation of phase 2 training occur, each enrolee will be notified at least 5 days before the program is scheduled to start.
- REFUND POLICY & OTHER FEES PAYABLE
No refund, credit or transfer are available for:
- Phase 1 online training or Phase 2 training no shows;
- For ticketed online events;
- For ticketed live events such as to National ICL conferences
Any technical problems relating to the online training centre will be actioned during business hours. Business hours are Monday to Friday 9am to 5:00pm AEST. We do not have staff available on weekends and nights to assist with any technical issues.
In purchasing any online ICL training product or tickets to online or live events you agree that you are happy with the price that you have paid.
- LIABILITY
A person must have read and understood the eligibility criteria and process for applying to be considered for selection to the ICL panel of the State or Territory legal aid commission in which they practice, and accept that completing the ICL training program does not guarantee that they will be selected by a legal aid commission to join their ICL panel.
- NATIONAL ICL TRAINING PROGRAM MATERIAL
Each part of the National ICL training program is protected by copyright unless otherwise indicated. NLA reserves all rights. You agree not to copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, storing electronic or other media or otherwise deal with the Independent Children’s Lawyers website material, including each part of the National ICL training program material, except where expressly permitted to do so by NLA. Member download and/or printing of material for personal use is deemed a permitted use.
- SYSTEM INTEGRITY
The user agrees not to interfere with the proper working of the Independent Children’s Lawyers website. The user agrees not to do anything that imposes an unreasonable or disproportionately large load on the Website infra-structure.
- YOUR PRIVACY
The Independent Children’s Lawyers website deals with information privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in the Privacy Act.
This Privacy Policy sets out the Independent Children’s Lawyers website policies in relation to management of personal information.
What kinds of personal information do we collect and hold?
We collect and hold:
- your contact details, such as office address, home address, telephone numbers and email address;
- your personal details, such as gender, qualifications, titles;
- your practice details;
- your membership information;
- your website order history for paid and free webinars, training, courses and other events offered on the Independent Children’s Lawyers website;
- records of your communications and other interactions with us;
- records of your communications and other interactions related to marketing/advertising we send to you via third party software related to webinars, training, courses and other events;
- records of the webinars, training, courses and other events that you purchase and/or participate in through the website.
In this Privacy Policy we refer to this as your personal information.
How do we collect and hold your personal information?
We generally collect your personal information directly from you including when you use the website to purchase and/or participate in webinars, training, courses and other events. However, in some cases, we may receive your personal information from a third party for the purposes of send marketing/advertising to webinars, training, courses and other events sent to you through the website or via third party marketing software;
What would happen if we did not collect your personal information?
Without your personal information we may not be able to process your application or request or provide you with some or all our products and services.
What are the purposes for which we collect and hold your personal information?
We collect and hold your personal information to:
- fulfil our role including:
- maintaining membership records;
- providing Independent Children’s Lawyers and relevant stakeholders with information, resources, publications, professional development and training relevant to Independent Children’s Lawyers;
- providing information on services, publications, resources and events to members, and the public;
- communicating regarding an enquiry, request for information or use of our services;
- allowing use of personal information in a controlled manner by persons distributing information relevant to members or relevant stakeholders;
- allowing use of personal information in a controlled manner by entities advertising/marketing webinars, training, courses and other events and information relevant to Independent Children’s Lawyers; and
- providing general membership information to organisations such as the National Children’s Committee.
- analyse your interaction with the website. The information collected from you may be analysed individually and/or aggregated with the information relating to other members to produce statistical information. Insights from this process are used by National Legal Aid to select and optimise the information, services, resources, publications, professional development, training and advertising we provide to you;
Use and Disclosure of your personal information
We do not use your personal information or disclose it to another third party unless:
- it is reasonably necessary for one of the purposes described above;
- having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure;
- it is necessary to protect the rights, property, health or personal safety of a member, the public or our interests, and it is unreasonable or impracticable to obtain your consent;
- the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing;
- we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and we believe that the collection, use or disclosure is necessary in order for us to take appropriate action;
- the assets and operations of the website are transferred to another party as an ongoing concern;
- it is necessary to obtain third party services, for example to carry out data analysis or provide information processing services. The use of your information by third parties is strictly controlled;
- it is for one of the purposes expressly permitted under the Privacy Act; or
- you have provided your consent.
Independent Children’s lawyer Forum profile information
When you become a member of the Independent Children’s Lawyers website you are automatically set up to access and use the website Forum for member communications. For more information on how to use the forum for member communications and to set up public and private groups for such communications, visit: http://c55dev.com.au/forum/
Your Forum profile identifies you by your given name.
You acknowledge that where you change your profile within the Forum from public to private group communications, the Independent Children’s Lawyers website cannot control the dissemination of your personal information which has previously been public.
Mentoring program: submitting an application as a mentee and mentor
Where you choose to apply through the Mentoring program, including by clicking the “Apply as Mentor” and “Apply as a Mentee” buttons, you consent to the Independent Children’s Lawyers website making your personal information available to the mentor or mentee that you may be matched with through the program.
Disclosure overseas
The Independent Children’s Lawyers website may from time to time uses the services of certain third-party marketing providers which may have offices or other operations outside of Australia. As a result, your personal information may be stored overseas. All service providers that have access to personal information held by the Independent Children’s Lawyers website are required to keep the information confidential and not to make use of it for any purpose other than to provide services in accordance with their engagement.
If you do not want your personal information to be disclosed
If you do not want your personal information to be disclosed (for instance, you want to have your name excluded from marketing mailing lists) you can manage your subscription via the marketing message, or advise the Independent Children’s Lawyers website by email to: iclwebsite@legalaid.nsw.gov.au. We will accommodate your request provided that the disclosure is not required by law.
Storage and security of personal information
We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification, or disclosure.
If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity.
You can also assist us in keeping your personal information secure by maintain the confidentiality of your account passwords and notifying us immediately if there is any unauthorised use of one of your accounts by another Internet user or any other breach of security relating to one of your accounts.
Privacy Policy application to the website
Cookies
We collect personal information through software such as cookies. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on the hard disk of a user’s computer so that the website can remember that user. Without cookies, websites and their servers have no memory. This means that every time a user opens a new webpage on a website, the server where that webpage is stored will treat the user as new and require logon and password. In short, a cookie facilitates a user’s passage through a website.
Linked websites
This Privacy Policy does not apply to linked websites.
Rights to access and correction of your personal information
You have the right to access your personal information unless we are permitted by law to withhold that information. Any requests for access to your personal information should be made to the Independent Children’s Lawyer website manager by email to: iclwebsite@legalaid.nsw.gov.au. You also have the right to request the correction of any of your personal information which is inaccurate.
In some circumstances it may be appropriate and lawful for us to deny access, including if:
- we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
- providing access would have an unreasonable impact on the privacy of another individual;
- the request is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between you and us and the information would not be accessible by the process of legal discovery in those proceedings;
- giving access would reveal our intentions in relation to negotiations with you and prejudice those negotiations;
- we have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in; and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
- providing access would be unlawful or if denying access is required or authorised under Australian law or a court/tribunal order;
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
- giving access would reveal evaluative information generated within the Independent Children’s Lawyers website in connection with a commercially sensitive decision-making process.
Further information and complaints
If you require any further information about our management of personal information or have a complaint about our handling of your personal information, you should initially send an email addressed to the Independent Children’s Lawyer website manager via iclwebsite@legalaid.nsw.gov.au, who will respond to you within a reasonable time, usually 30 days.
- GENERAL
In this Terms of Use and Privacy Policy document, unless the context otherwise requires references to parts or clauses, are to parts or clauses of this Terms of Use and Privacy Policy, the singular includes the plural and vice versa, where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning, and a reference to any statute, includes any amendment, consolidation, modification, enactment or reprint of it or any statute replacing it. The Independent Children’s Lawyers website is operated and controlled in Australia.
The validity, interpretation and performance of these Terms of Use and Privacy Policy will be governed by the law of the Commonwealth of Australia. The user may not assign, sub-license or otherwise transfer the benefit of these Terms of Use and Privacy Policy without the prior written consent of NLA.
