Common use of and Error Clause in Contracts

and Error. Reference source not found. Variation to terms and conditions If the SWEP requires the Services to be varied, extended or reduced the SWEP will give the Clinical Advisor reasonable written notice of such variation, extension or reduction. The Services are deemed to be varied, extended or reduced in accordance with the written notice referred to in clause 13.1 if the Clinical Advisor agrees to the requested change(s). Such agreement must not be unreasonably withheld. If the Services are varied, extended or reduced in accordance with clause 12.2 the parties may re-negotiate the fee payable under this Agreement. Assignment or Transfer The Clinical Advisor must not sub‑contract any part of the provision of the Services without the prior approval in writing of the SWEP. Each party may assign any of its rights under this Agreement only with the written consent of the other party. Such consent cannot be unreasonably withheld. The assignment will not affect any contractual obligations undertaken by either party prior to the assignment taking place. Confidentiality and Privacy General obligation The Clinical Advisor and the Clinical Advisor’s staff must regard as confidential and must not disclose to any person other than a person approved by the Authorised Officer any information acquired by the Clinical Advisor or the Clinical Advisor’s staff in or in connection with the provision of the Services, concerning, the SWEP, its staff, patients or procedures (‘the Confidential Information’). Non-disclosure of patient information The Clinical Advisor must ensure that its staff are made aware and comply with the provisions of section 141 of the Health Services Act 1988 (Vic) [and section 346 of the Mental Health Act 2014 (Vic)] which relates to the unlawful disclosure of patient information. Serious misconduct Failure to observe the terms of clauses 14.1 and 14.2 will be regarded as serious misconduct which requires disciplinary action to be taken by the Clinical Advisor against an offender. In addition to other options which the SWEP may have against the offender and the Clinical Advisor, the SWEP may, as a consequence of a breach of the obligations imposed under those clauses, insist that the staff member involved not be assigned for duty in any dealings with or regarding the SWEP in the future. Compliance with privacy laws The Clinical Advisor must comply with: all Commonwealth, State and Territory privacy, health records or similar legislation and regulations which the Health Service is required to comply with, from time to time, including but not limited to the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic); and any request which the SWEP may make in writing to the Clinical Advisor, from time to time, which may be reasonably required to ensure the SWEP complies with its obligations arising under any Commonwealth, State or Territory privacy, health records or similar legislation or regulations. Data Breach The Clinical Advisor must immediately notify the SWEP if it becomes aware that an “eligible data breach” has occurred which is required to be notified to individuals and/or the Office of the Australian Information Commissioner under the Privacy Act 1988 (Cth) in relation to “personal information” handled in relation to this Agreement. The Clinical Advisor agrees to work in good faith with the SWEP to agree a response plan for any required notification of individuals of an eligible data breach, subject at all times to compliance with its obligations under law. For the purposes of this clause, “eligible data breach” and “personal information” have the same meaning as within the Privacy Act 1988 (Cth). Compulsion to disclose If the Clinical Advisor becomes aware of any steps taken, being taken, or considered, to legally compel the Clinical Advisor or any of its agents or employees to disclose Confidential Information, the Clinical Advisor must: to the extent legally permitted, defer and limit the disclosure with a view to preserving the confidentiality of the Confidential Information as much as possible; promptly notify the SWEP; and do anything reasonably required by the SWEP including the institution and conduct of legal proceedings at the SWEP’s direction and expense to oppose or restrict that disclosure. Freedom of Information The Clinical Advisor must provide the SWEP with all information necessary to enable the SWEP to discharge its obligations under the Freedom of Information Act 1982 (Vic) in relation to matters relating to this Agreement. Publicity The Clinical Advisor must not make any public announcement or representation to any media representative about this Agreement or anything in relation to it without the SWEP’s written consent. Continuing effect This clause will continue to have effect after the expiry or termination of this Agreement.

and Error. Reference source not found. Variation to terms and conditions If the SWEP requires the Services to be varied, extended or reduced the SWEP will give the Clinical Advisor reasonable written notice of such variation, extension or reduction. The Services are deemed to be varied, extended or reduced in accordance with the written notice referred to in clause 13.1 12.1 if the Clinical Advisor agrees to the requested change(s). Such agreement must not be unreasonably withheld. If the Services are varied, extended or reduced in accordance with clause 12.2 the parties may re-negotiate the fee payable under this Agreement. Assignment or Transfer The Clinical Advisor must not sub‑contract any part of the provision of the Services without the prior approval in writing of the SWEP. Each party may assign any of its rights under this Agreement only with the written consent of the other party. Such consent cannot be unreasonably withheld. The assignment will not affect any contractual obligations undertaken by either party prior to the assignment taking place. Confidentiality and Privacy General obligation The Clinical Advisor and the Clinical Advisor’s staff must regard as confidential and must not disclose to any person other than a person approved by the Authorised Officer any information acquired by the Clinical Advisor or the Clinical Advisor’s staff in or in connection with the provision of the Services, concerning, the SWEP, its staff, patients or procedures (‘the Confidential Information’). Non-disclosure of patient information The Clinical Advisor must ensure that its staff are made aware and comply with the provisions of section 141 of the Health Services Act 1988 (Vic) [and section 346 of the Mental Health Act 2014 (Vic)] which relates to the unlawful disclosure of patient information. Serious misconduct Failure to observe the terms of clauses 14.1 and 14.2 will be regarded as serious misconduct which requires disciplinary action to be taken by the Clinical Advisor against an offender. In addition to other options which the SWEP may have against the offender and the Clinical Advisor, the SWEP may, as a consequence of a breach of the obligations imposed under those clauses, insist that the staff member involved not be assigned for duty in any dealings with or regarding the SWEP in the future. Compliance with privacy laws The Clinical Advisor must comply with: all Commonwealth, State and Territory privacy, health records or similar legislation and regulations which the Health Service is required to comply with, from time to time, including but not limited to the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic); and any request which the SWEP may make in writing to the Clinical Advisor, from time to time, which may be reasonably required to ensure the SWEP complies with its obligations arising under any Commonwealth, State or Territory privacy, health records or similar legislation or regulations. Data Breach The Clinical Advisor must immediately notify the SWEP if it becomes aware that an “eligible data breach” has occurred which is required to be notified to individuals and/or the Office of the Australian Information Commissioner under the Privacy Act 1988 (Cth) in relation to “personal information” handled in relation to this Agreement. The Clinical Advisor agrees to work in good faith with the SWEP to agree a response plan for any required notification of individuals of an eligible data breach, subject at all times to compliance with its obligations under law. For the purposes of this clause, “eligible data breach” and “personal information” have the same meaning as within the Privacy Act 1988 (Cth). Compulsion to disclose If the Clinical Advisor becomes aware of any steps taken, being taken, or considered, to legally compel the Clinical Advisor or any of its agents or employees to disclose Confidential Information, the Clinical Advisor must: to the extent legally permitted, defer and limit the disclosure with a view to preserving the confidentiality of the Confidential Information as much as possible; promptly notify the SWEP; and do anything reasonably required by the SWEP including the institution and conduct of legal proceedings at the SWEP’s direction and expense to oppose or restrict that disclosure. Freedom of Information The Clinical Advisor must provide the SWEP with all information necessary to enable the SWEP to discharge its obligations under the Freedom of Information Act 1982 (Vic) in relation to matters relating to this Agreement. Publicity The Clinical Advisor must not make any public announcement or representation to any media representative about this Agreement or anything in relation to it without the SWEP’s written consent. Continuing effect This clause will continue to have effect after the expiry or termination of this Agreement.