Terms and Conditions

TERMS OF USE

Welcome to the Health Data Portal (dataportal.health.gov.au). As condition of Your use of the secure area (which requires users to log in for access) of the Health Data Portal You must agree to these Terms of Use.

In these Terms of Use, the terms “You” and “Your” refer to the user of the Health Data Portal.

The Commonwealth of Australia as represented by the Department of Health (the ‘Department’) may at its discretion update these Terms of Use.  By continuing to use the Health Data Portal, You accept the Terms of Use as they apply from time to time.

YOUR OBLIGATIONS

You must:

  1. only use the Health Data Portal for Your own lawful purposes, in accordance with these Terms of Use or any condition posted by the Department on the Health Data Portal, and in a manner that does not infringe the intellectual property rights of or restrict or inhibit the use and enjoyment of the Health Data Portal by any third party.  
  2. not re-transmit, distribute, disclose or make available any of the materials on the secure area of the Health Data Portal to any person without the written consent of an authorised person of the Department.
  3. not attempt to undermine the security or integrity of the Health Data Portal.
  4. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission by the Department.
  5. ensure that Your username and password required to access the Health Data Portal is kept secure and confidential at all times, and not permit any other person to use your username and password. You must immediately notify the Department of any unauthorised use of Your password or any other breach of security and You must take all other actions that the Department reasonably deems necessary to maintain or enhance the security of the Health Data Portal.
  6. not use, or misuse the Health Data Portal in any way which may disrupt or impair the functionality of the Health Data Portal or other systems used for the Health Data Portal.
  7. not transmit, or input via the Health Data Portal, any:
    1. harmful code;
    2. unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person; and
    3. material in violation of any intellectual property rights or any laws for which You do not have the right to use or transmit or input into the Health Data Portal.
  8. if You are a Primary Health Network (PHN) user - comply with the terms of use for the Qlik Sense Enterprise Production Site (‘Qlik Sense’) on the Health Data Portal set out below under the heading ‘QLIK SENSE’.

Materials on the Health Data Portal may be protected by intellectual property rights. You must not use any intellectual property on the Health Data Portal for a purpose You do not have express permission from the intellectual property rights owner. If You have any doubt as to Your right to use the intellectual property, please contact its owner. The Department is not liable if You breach an owner’s intellectual property rights.

You remain solely responsible for complying with all applicable laws in connection to Your use of the Health Data Portal. It is Your responsibility to check that storage of, transfer and access to the materials you transmit or input via the Health Data Portal will comply with all laws applicable to You.

The Department may collect, use and disclose personal information about You or about third parties that You input or transmit via the Health Data Portal for the purpose of administering the Health Data Portal. The Department will handle the personal information in accordance with the Privacy Act 1988 and relevant state and territory privacy laws.

By You disclosing other people’s personal information to the Department via the Health Data Portal, You warrant to the Department that:

  1. the people to whom the personal information relates have consented to the Department collecting, using and disclosing their personal information as described in the Department’s privacy notice located on the Health Data Portal homepage under the heading ‘Privacy Statement’; and
  2. You have drawn to those people’s attention that Departmental privacy notice.

For further details about how the Department handles personal information, see also the Department’s privacy policy at http://www.health.gov.au/internet/main/publishing.nsf/content/privacy-policy.

You indemnify the Department for any loss or damage it suffers in connection with Your use of the Health Data Portal. Your liability to indemnify the Department under these Terms of Use will be reduced proportionately to the extent that any negligent or other tortious act or omission of the Department contributed to the relevant loss or damage.

If You:

  1. breach any of these Terms of Use or conditions posted by the Department on the Health Data Portal; or
  2. are engaging in fraudulent immoral or illegal activities,

the Department may, without limiting its rights, terminate Your access to the Health Data Portal or suspend for any period of time Your use of the Health Data Portal.

QLIK SENSE (Applicable to PHN users only)

If You are a PHN user, the Department will provide You with access to Qlik Sense via the Health Data Portal during the term of the Department’s licence agreement with QlikTech Australia Pty Ltd. You may only use Qlik Sense in accordance with the licence (Qlik Sense Developer Licence or Qlik Sense Viewer Licence) You have been allocated by the Department.

If the Department allocates You a Qlik Sense Developer Licence, You may only use Qlik Sense:

  1. to upload, interrogate, modify and adapt datasets and create Your own dashboards and, if You so choose, share those datasets and dashboards with other PHN users and the Department; and
  2. to access information, data and dashboards provided by, and to, the Department and other PHN users.

If the Department allocates You a Qlik Sense Viewer Licence, You may only use Qlik Sense to ‘view’ data in connection with the Qlik Sense dashboards on the Health Data Portal. You must not use Your Qlik Sense Viewer Licence to create, update, upload, or modify any of the data or administer any field changes to, or in connection with, the Qlik Sense dashboards.

You may use Qlik Sense for non-commercial purposes only.

You acknowledge and accept that the Department or QlikTech Australia Pty Ltd may conduct an audit of Your use of Qlik Sense via the Health Portal.

DISCLAIMERS

You agree that Your use of the Health Data Portal is entirely at Your own risk, and You have made Your own assessment on the risk of use of the Health Data Portal and any materials on the Health Data Portal.

The Department may at any time change the content, including removal of any materials held in the Health Data Portal at its discretion and without notice.

You agree that material You transmit or input via the Health Data Portal may be accessed by other users who are permitted access to the material by the Department. Therefore, You should consider and assess the risk of which users will have access to material You transmit or input via the Health Data Portal before using the Health Data Portal. 

The materials on the Health Data Portal may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular course of action.

The Health Data Portal is not a substitute for independent professional advice and You should obtain any appropriate professional advice relevant to Your particular circumstances. The Department cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of any of the materials on the Health Data Portal.

We strive to protect the materials available through the Health Data Portal. However, the Department gives no warranty in connection with the Health Data Portal and its materials and cannot guarantee that the use of the Health Data Portal and its materials will not breach intellectual property rights, will be uninterrupted or error free, that defects will be corrected, or that the Health Data Portal is free of harmful code.

To the maximum extent permitted by law, the Department excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, in connection from Your (or any other person) use of or reliance on, the Health Data Portal or its materials.

Where connection to a system or website outside our control compromises the objectives of the Health Data Portal, we may sever links to that website or system.

GENERAL

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.