The State of Victoria (as represented by the Department of Education) (‘Us’, ‘We’ or 'Our') owns and operates the Child Link Authoriser Platform. Access to and use of the Child Link Authoriser Platform by You is subject to the following terms, conditions, and notices (‘Terms of Use’).
By accessing and using the Child Link Authoriser Platform, You are agreeing to all of these Terms of Use, as amended or replaced by Us from time to time.
These Terms of Use are governed by the laws of Victoria. We and You submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in connection with these Terms of Use.
In these Terms of Use unless expressed or implied to the contrary:
CWS Act means the Child Wellbeing and Safety Act 2005 (Vic).
Child Link Training means training provided by Us for the purpose of training Child Link Authorisers on the use of the Child Link Authoriser Platform.
Child Information Sharing Training means the training provided by Victorian Government Departments and Agencies (irrespective of where the training is housed) for the purpose of the Child Information Sharing Scheme, this includes the associated training in the Family Violence Information Sharing Scheme and Multi-Agency Risk Assessment and Management Framework.
Child Link Active Authoriser means Head Child Link Authorisers or delegates who are actively responsible for completing the authorisation process for Child Link users in the Child Link Authoriser Platform. These Terms of Use are for Child Link Active Authorisers.
Child Link Authoriser means a person, as specified by their role, who may authorise a Child Link User to access Child Link under section 46K of the CWS Act, or any other person who under section 46L of the CWS Act is delegated the power from section 46K to authorise a Child Link User.
Child Link Authoriser Delegate means people who have been delegated the power to authorise Child Link users in accordance with the CWS Act by the Head Authoriser.
Child Link Authoriser Practice Guidance means the guidance that has been developed by Us for Child Link Authorisers explaining their role, function and responsibilities. This is available via the Child Link Help.
Child Link Authoriser Platform means the area of the Child Link system that allows Child Link Authorisers to authorise, manage, supervise and revoke Child Link Users access to the Child Link Register. The Child Link Authoriser Platform does not allow Child Link Authorisers access to Confidential Information in Child Link relating to children and their families.
Child Link Head Authoriser means people or bodies specified by the CWS Act who may authorise a prescribed person to be a Child Link user.
Child Link Register means the register established and maintained under section 46B of the CWS Act.
Child Link User means a person who is appropriately authorised to use and access the Child Link Register under section 46K of the CWS Act; and as such, holds a prescribed role and purpose for a Child Link user as set out in section 46K and Schedule 6 of the CWS Act.
Confidential Information means any confidential information contained in the Child Link Register or the Child Link Authoriser Platform and has the same meaning as in section 3 of the CWS Act.
CWS Act means the Child Wellbeing and Safety Act 2005 (Vic).
Data means any data or information (including Confidential Information) that is contained in the Child Link Register or Child Link Authoriser Platform.
Guidelines means the guidelines issued by the Secretary under Part 7A of the CWS Act and are available on this webpage.
HR Act means the Health Records Act 2001 (Vic).
PDP Act means the Privacy and Data Protection Act 2014 (Vic).
Personal Information has the same meaning as in section 3 of the PDP Act.
Reportable Conduct Scheme has the same meaning as in section 3 of the CWS Act.
Secretary means the Secretary to the Department of Education or delegate.
Working with Children Clearance (WWCC) means WWC clearance under the Worker Screening Act 2020 (Vic).
VIT Registration means the Victorian Institute of Teaching has registered an applicant as a teacher or early childhood teacher or granted registration or permission to teach under Part 2.6 of the Education and Training Reform Act 2006.
We reserve the right to amend these Terms of Use from time to time. By acceptance of these Terms of Use, You are also deemed to have accepted any amendment or replacement of these Terms of Use. Any amendment or replacement of these Terms of Use will be effective immediately.
- Access to the Child Link Authoriser Platform is only permitted on the basis that You satisfy all of the following conditions:
- You are a Child Link Active Authoriser;
- You have completed any required mandatory Child Link Training;
- You will only access and use the Child Link Authoriser Platform and the information contained in the Child Link Authoriser Platform for the purpose of authorising, managing, supervising and/or revoking Child Link Users access to the Child Link Register in accordance with the CWS Act ,Guidelines and the Child Link Authoriser Practice Guidance;
- You will notify Us immediately and no longer access the Child Link Authoriser Platform if You no longer meet the pre-requisites of a Child Link Active Authoriser outlined in the CWS Act, Guidelines, and the Child Link Authoriser Practice Guidance;
- You do not currently have your access to the Child Link Authoriser Platform removed by the Secretary or Us for any reason whatsoever;
- You will not share or disclose Your Child Link Authoriser Platform login or password with anyone; and
- You will complete a Multi Factor Authentication process each time you log into the Child Link Authoriser Platform in accordance with the Guidelines.
- You will not disclose or use the content of any information You have received or accessed from the Child Link Authoriser Platform including unauthorised copying (such as through printing, photographs or screen shots), unless that disclosure is authorised under Part 6A or 7A of the CWS Act or required for the purposes of:
- an investigation by Us;
- a police investigation; or
- for other legal, investigative, audit or compliance reasons.
- We will not be liable if for any reason if the Child Link Register and or the Child Link Authoriser Platform, is unavailable at any time or for any period.
- The Secretary or We may at any time restrict or remove access to some or all of the Child Link Authoriser Platform and/or the Child Link Register in accordance with the CWS Act, Guidelines and the Child Link Authoriser Practice Guidance.
- Access to the Child Link Authoriser Platform is only permitted on the basis that You satisfy all of the following conditions:
- As a Child Link Active Authoriser, You will comply with the CWS Act, Guidelines and Child Link Authoriser Practice Guidance.
- You will authorise and revoke authorisation of Child Link Users in accordance with the CWS Act, Guidelines and Child Link Authoriser Practice Guidance.
- You will be responsible for the ongoing management and supervision of the access of the Child Link Users You have authorised in your service, school or organisation in accordance with the CWS Act, Guidelines and Child Link Authoriser Practice Guidance.
- You will notify Us if You reasonably believe a Child Link User You have authorised no longer holds a valid Working with Children Clearance or VIT Registration and you will suspend the Child Link User’s access to Child Link until this is confirmed. If a Child Link User You have authorised no longer holds a valid Working with Children Clearance or VIT Registration you will revoke the Child Link Users access to Child Link.
- You will notify Us if You reasonably believe a Child Link User You have authorised has removed the Victorian Child Information Sharing Division of the Department of Education, as an organisation to be contacted by Working with Children Check Victoria if there is a change in that Child Link User’s WWCC status.
- If You are both a Child Link Active Authoriser and a Child Link Head Authoriser you may be able to delegate Your Authorisation powers in accordance with Part 7A of the CWS Act, the Guidelines and the Child Link Authoriser Practice Guidance. Please note that not all Child Link Authorisers may delegate their authorisation power.
- As a Child Link Active Authoriser You may temporarily transfer your authorisation powers to another person provided that person has been authorised (and completed all required processes) by your organisation to become a Child Link Active Authoriser and meets the requirements for becoming a Child Link Authoriser in accordance with the CWS Act, the Guidelines and the Child Link Authoriser Practice Guidance. The need to temporarily transfer your Authorisation powers may arise if, for example, You are on leave and a person is acting in your role and will be required to authorise and manage Child Link users as part of their acting duties. This temporary transfer of authorisation powers may be for a maximum period of three months.
If You are required to notify Us in accordance with clause 4 or for any other reason, notification or communication will be made by sending an email to childlink@education.vic.gov.au.
We will handle any Personal or Health Information collected through the Child Link Register and/or the Child Link Authoriser Platform and for the establishment, maintenance and administration of these in accordance with the PDP Act, the HR Act and Our Privacy Policy.
- You must not misuse the Child Link Authoriser Platform. By using Child Link Authoriser Platform, You agree that You will not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- attempt unauthorised access into any aspect of the Child Link Authoriser Platform; corrupt data; cause annoyance to other users;
- infringe upon any other person's proprietary rights;
- attempt to affect the performance or functionality of any technical facilities of or accessed through the Child Link Authoriser Platform; or
- engage in activity that violates the privacy or data protection rights of others.
- If you breach any of the above, We may report any such breach to the relevant law enforcement authorities and disclose Your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Child Link Authoriser Platform.
- If You breach these Terms, We may, in Our sole discretion, suspend or remove access to the Child Link Authoriser Platform. When investigating alleged violations of these Terms, We reserve the right to review content and data in order to resolve the issue, and You hereby authorise such review.
We own all materials created by or on behalf of Us for the Child Link Authoriser Platform and the Child Link Register, including any and all intellectual property rights incorporated or comprised in any such materials, Data, Confidential Information, the Child Link Authoriser Platform, the Child Link Register, working files and other outputs with effect from the time of creation.
- The intellectual property rights in all software and content made available to You on or through accessing the Child Link Authoriser Platform remain Our property or the property of Our licensors and are protected by copyright laws and treaties around the world. All intellectual property rights are reserved by Us and Our licensors.
- You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on the Child Link Authoriser Platform, nor may You use any such content in connection with any business or commercial enterprise.
- We have used Our best endeavours to ensure that the Data and Confidential Information contained on the Child Link Register and the Child Link Authoriser Platform is correct and current at the time of publication, but We take no responsibility for any error, omission or defect therein. To the extent permitted by law, We and Our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission.
- If any law prohibits the exclusion of such liability, We limit Our liability to the fullest extent permitted by law, to the resupply of the Information.
- To the fullest extent permitted by law, We expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Child Link Authoriser Platform or the Child Link Register irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This disclaimer does not affect Our liability for death or personal injury arising from Our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Child Link Authoriser Platform are in no way associated, linked or affiliated with Us and You should not rely on the existence of such a connection or affiliation.
Any trade marks/names featured on the Child Link Authoriser Platform are owned by the respective trade mark owners.
Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Us.
You agree to indemnify, defend and hold harmless Us, Our officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees on a full indemnity basis) arising from Your use of the Child Link Authoriser Platform or Your breach of the Terms of Use.
We have the right in Our absolute discretion at any time and without notice to amend, remove or vary the contents of the Child Link Authoriser Platform and the Child Link Register.
If any part of the Terms of Use is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly.
Alternatively, You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which We will use to try to resolve disputes when they first arise, please Contact Us if You have any complaints or comments.
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