This version (v1.8) of the Online Service terms and conditions is valid as at 10 July 2015 and takes precedence over any and all prior versions.
The Online Service is provided by WorkSafe to support your interactions with us via the internet. The Online Service provides self-service functions to assist you to meet your obligations described on the Website. Use of the Online Service is voluntary and all obligations can be met through alternative channels of communication (eg. mail)
Agent - means one of the
agents appointed
by WorkSafe
to
manage employers' WorkCover Insurance registrations and injured workers'
compensation claims.
WorkSafe
(we, us)
- means the Victorian WorkCover Authority (WorkSafe is a trading name of the
Victorian WorkCover Authority)
Form - means a form, request, notification or other document able to be
submitted or lodged online using the Online Service
Health Information - has the meaning given in section 3 of the Health
Records Act 2001 (Vic).
Intermediary - means a person (such as an accountant) who uses the
Online Service acting in the capacity of agent for another person
Online Service - means the online electronic system to which you have
access pursuant to these Terms
Personal Information - has the meaning given in section 3 of the Privacy
and Data Protection Act 2014 (Vic).
Privacy Legislation - means laws in respect of privacy and the
protection of personal and health information including, without limitation,
the Privacy and Data Protection Act 2014 (Vic) and the Health
Records Act 2001(Vic).
Privacy Policy - Refers to the WorkSafe Privacy Policy that can be
viewed by clicking on this link and the
Website Privacy Statement that can be viewed by clicking on this link
Public Access - refers to aspects of the Online Service which are
capable of being accessed by you without a username and password.
Registration Information - means any information about a WorkCover
Insurance registration and any related correspondence between you and WorkSafe
that can be retrieved or viewed using the Online Service
Terms - means these terms and conditions (as amended from time to time)
Website - means the website located at www.worksafe.vic.gov.au/employer
Some components of the Online Service are available for Public Access and do not require registration or an online account (ie. a username and password). Examples of Public Access include the ability to register for WorkCover Insurance, and the ability to obtain a Certificate of Currency for WorkCover Insurance. Use of the Online Service for Public Access is subject to these Terms. If you (or your Intermediary) use the Public Access functions and provide email details for the purposes of receiving Registration Information, you consent to WorkSafe dealing with you electronically.
Before using the Online Service (other than for the purposes of Public Access), you must be an authorised user of the Online Service. You may become an authorised user by following the registration process set out on the Website or by contacting your Agent.
Once successfully registered, you (or your Intermediary) may lodge Forms and retrieve and receive Registration Information electronically using the Online Service, in accordance with the process set out on the Website.
If you (or your Intermediary) elect to change your mail preferences to receive correspondence from us via email, you consent to WorkSafe providing the selected Registration Information documents via the email address provided by you (or your Intermediary). You are responsible for ensuring that the email address provided for the purposes of receiving Registration Information documents is active, accessible and that incoming mail is monitored.
An Intermediary may lodge a Form, retrieve Registration Information or change mail preferences on behalf of a principal, provided that the Intermediary:
(a) has registered as a user of the Online Service; and
(b) has been authorised by the principal to use the Online Service as agent for the principal.
Where a Form is lodged by an Intermediary on behalf of a principal, legal responsibility for meeting all applicable regulatory and WorkSafe requirements (including the making of payments) remains with the principal. In particular, the principal may be liable to pay a penalty if a completed Form is inaccurate or is lodged late, or if a payment is not made by the applicable due date.
The user authentication process for the Online Service will be by way of username and password (Security Details). You (and your Intermediary) are responsible for:
(a) the safeguarding of your Security Details; and
(b) any use whatsoever of those details, whether authorised or not.
You agree not to reveal your Security Details to any other person other than to your employees (or your Intermediary) who are expressly authorised by you to use your Security Details and are expressly authorised by you to view the Registration Information made available via the Online Service.
If lodgement of a Form is successful you will receive an electronic acknowledgement of that fact. You should print and retain a copy of that acknowledgement for your records. If you do not receive an electronic acknowledgement, you must presume the Form has not been received, and you must promptly re-submit the Form or contact us. If an Intermediary lodges a Form on behalf of a principal, only the Intermediary will receive the electronic acknowledgement.
The Privacy Policy applies to Forms and other information lodged and Registration Information retrieved by you (or your Intermediary) via the Online Service. WorkSafe has implemented certain security measures to protect your personal information (including use of Secure Sockets Layer 3 (SSL) encryption). However, you should be aware that there are risks in transmitting information across the Internet. So while we strive to protect such information, we cannot ensure or warrant the security of such information transmitted by or to us online and individuals do so at their own risk. If you are concerned about conveying sensitive material over the Internet, you might prefer to lodge the form via your Agent by mail.
You must ensure your practices or actions do not place WorkSafe and or its Agents in breach of its legal obligations, including privacy laws or other applicable laws. You agree to indemnify WorkSafe from misuse, loss of personal or health information or from breach of privacy laws or duty of confidentiality resulting from your actions or practices.
You (and your Intermediary) will need to meet certain minimum technical requirements in order to use the Online Service (including having access to the internet). These minimum requirements are set out on the Website. We may vary them from time to time by posting a notice to that effect on the Website.
WorkSafe provides a secure environment and a reliable system, but we make no promise that your access (or your Intermediary's access) to the Online Service will be uninterrupted, error-free or secure (except to the extent, if any, that such a promise is implied by law and is incapable of exclusion by us). You agree that, to the extent permitted by law, we are not liable to you or to third parties for interruptions to or unavailability of the Online Service for causes beyond our control.
WorkSafe does not represent or warrant that the Website and any other information or material contained in, downloaded or accessible from the Website, is free from computer viruses or any other defect or error which may affect your (or your Intermediary's) software or systems. You (and your Intermediary) should protect your respective software and systems by installing and implementing your own security and system checks.
We may without notice suspend the Online Service or disconnect or deny you access to any part of the service:
(a) during any technical failure, modification or maintenance involving the Online Service;
(b) if you fail to comply with these Terms or any other agreement you have with us;
(c) at our sole discretion, where we have found that the registration details supplied by you are inaccurate or misrepresentative of you; or
(d) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Online Service.
Without prejudice to any other rights we may have under these Terms or at law or in equity, we may terminate these Terms or your use of the Online Service at any time.
We may amend the Terms at any time and we will display a notice on the Website describing the change.
The laws of Victoria (including, without limitation, the Electronic Transactions (Victoria) Act 2000) govern these Terms, and you and WorkSafe irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
WorkSafe and its employees and agents exclude, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise) in relation to the Website or its content, or the content on websites accessed or accessible via the Website. WorkSafe and its employees and agents accept no liability (including for negligence) for any loss or damage you or your Intermediary may suffer through use of the Website or reliance on its content. Specifically, WorkSafe will not be liable for any loss, damage, cost or expense incurred or arising by reason of:
(a) any person relying on any of the content of the Website, or any sites linked (or connected by other means) to the Website whether by reason of any error, omission or misrepresentation in the content;
(b) any errors or omissions on the Website (whether or not due to the negligence of WorkSafe, its employees or agents);
(c) the Website being unavailable for any reason, including any delay or interruption in access to or use of the Website (whether or not due to the negligence of WorkSafe, its employees or agents); or
(d) the transmission of a computer virus as a result of accessing the Website.
If a court decides that WorkSafe is responsible for any loss or damage it has caused to you or your Intermediary through use of or reliance on the Website, then WorkSafe's liability is limited to resupplying the Website's content or the reasonable cost of having it resupplied.
To avoid doubt, WorkSafe excludes all liability for loss of opportunity, lost revenue, lost profits, loss of data and losses resulting from security failure or any indirect or consequential loss resulting from use of the Website or reliance on its content.
WorkSafe (or its licensors) owns all intellectual property rights, including copyright, trademark rights and patent rights in the content of the Website.