Common use of Access to Sites and Records Clause in Contracts

Access to Sites and Records. 20.1 For the purpose of clause 19 and this clause 20 the Service Provider must ensure that the Commonwealth and its nominees, or the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner or the Freedom of Information Commissioner, is granted access as required by the Commonwealth to: (a) the Sites and any other premises that the Service Provider occupies, possesses or controls; and (b) working documents and any other documents, data, records, accounts and other financial material or non-financial material (including Claim Forms, diaries and appointment schedules and Records) relevant to the performance of this Contract, the Previous Contract or any other contract between the Service Provider and the Commonwealth made pursuant to section 20 of the Hearing Services Administration Act 1997 (Cth), however and wherever stored or located, under the Service Provider’s or the Service Provider Personnel’s custody, possession or control for inspection, copying and or temporary possession. 20.2 Where reasonable notice has been given of an audit activity to take place at a Permanent Site, the Service Provider must ensure the attendance of a Qualified 20.3 The Commonwealth or its nominee may request that any documents referred to in clause 20.1(b) be forwarded to it prior to, during or after any audit activity conducted at a Site or prior to, during or after any file review or other audit activity conducted away from a Site. The Service Provider must comply with a request to forward documents by providing those documents to the Commonwealth within seven (7) Working Days of the request. 20.4 The Commonwealth will return original Records obtained under clause 20.3 to the Service Provider as soon as practicable. 20.5 In the case of documents or records (however stored) the Service Provider must make available on request at no cost to the Commonwealth such reasonable facilities as may be necessary to enable a legible reproduction to be created. 20.6 Without limiting any other provision of this Contract, the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates, for the purpose of performing statutory functions or powers, may, at reasonable times: (a) access the Sites and other premises of the Service Provider; (b) require the provision by the Service Provider or Service Provider Personnel of records or other information which are related to this Contract; and (c) access, inspect and copy documentation and records or any other matter relevant to the Service Provider’s obligations or performance of this Contract, however stored, in the custody or under the control of the Service Provider or Service Provider Personnel. 20.7 The Service Provider must ensure that any subcontract entered into for the purpose of this Contract contains an equivalent clause granting the rights specified in clauses 19 and 20 with respect to the subcontractor's premises, data, records, accounts, financial material and information and those of its employees, agents or subcontractors. 20.8 This clause 20 applies for the Term and for a period of 7 years from the date of its expiration or termination. 20.9 In the exercise of the general rights granted under this clause 20 the Commonwealth must use reasonable endeavours not to interfere unreasonably with the Service Provider’s performance under this Contract in any material respect. 20.10 If, in exercising the rights granted under clause 19 or this clause 20, the Commonwealth unreasonably interferes with the Service Provider’s performance of its obligations under this Contract in a material respect and that interference substantially delays the Service Provider in performing its obligations, the Service Provider may request an extension of time to perform its obligations. 20.11 In no circumstances will any extension of time pursuant to clause 20.10 exceed the amount of any delay directly arising from the exercise of the rights. 20.12 Without limiting any of its other obligations under this Contract, the Service Provider must, at its cost, ensure that it keeps full and complete records and that data, information and records relating to this Contract or its performance are maintained in such a form and manner as to facilitate access and inspection under clause 19 and this clause 20. 20.13 Nothing in this Contract reduces, limits or restricts in any way any function, power, right or entitlement of the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates. The rights of the Commonwealth under this Contract are in addition to any other power, right or entitlement of the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates.

Access to Sites and Records. 20.1 ‌ 16.1. For the purpose of clause 19 15 and this clause 20 16, the Service Provider must ensure that the Commonwealth and its nominees, or the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner or the Freedom of Information CommissionerCommissioner or any of their delegates, is are granted access as required by the Commonwealth to: (a) the Sites and any other premises that the Service Provider occupies, possesses or controls; controls and (b) working documents and any other documents, data, records, accounts and other financial material or non-financial material (including Claim Forms, diaries and appointment schedules and Records) relevant to the performance of this Contract, the Previous Contract or any other contract between the Service Provider and the Commonwealth made pursuant to section 20 of the Hearing Services Administration Act 1997 (Cth), however and wherever stored or located, under the Service Provider’s or the Service Provider Personnel’s custody, possession or control for inspection, copying and or temporary possession. 20.2 Where reasonable notice has been given of an audit activity to take place at a Permanent Site, the Service Provider must ensure the attendance of a Qualified 20.3 16.2. The Commonwealth or its nominee may request that any documents referred to in clause 20.1(b16.1(b) be forwarded to it prior to, during or after any audit activity conducted at a Site or prior to, during or after any file review or other audit activity conducted away from a Site. The Service Provider must comply with a request to forward documents by providing those documents to the Commonwealth within seven (7) Working Days of the request. 20.4 16.3. The Commonwealth will return original Records obtained under clause 20.3 16.2 to the Service Provider as soon as practicable. 20.5 16.4. In the case of documents or records Records (however stored) the Service Provider must make available on request at no cost to the Commonwealth such reasonable facilities as may be necessary to enable a legible reproduction to be created. 20.6 Without limiting any other provision of this Contract, the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates, for the purpose of performing statutory functions or powers, may, at reasonable times: (a) access the Sites and other premises of the Service Provider; (b) require the provision by the Service Provider or Service Provider Personnel of records or other information which are related to this Contract; and (c) access, inspect and copy documentation and records or any other matter relevant to the Service Provider’s obligations or performance of this Contract, however stored, in the custody or under the control of the Service Provider or Service Provider Personnel. 20.7 16.5. The Service Provider must ensure that any subcontract entered into for the purpose of this Contract contains an equivalent clause granting the rights specified in clauses 19 15 and 20 this clause 16 with respect to the subcontractor's premises, data, records, accounts, financial material and information and those of its employees, agents or subcontractors. 20.8 This clause 20 applies for the Term and for a period of 7 years from the date of its expiration or termination. 20.9 In the exercise of the general rights granted under this clause 20 the Commonwealth must use reasonable endeavours not to interfere unreasonably with the Service Provider’s performance under this Contract in any material respect. 20.10 If, in exercising the rights granted under clause 19 or this clause 20, the Commonwealth unreasonably interferes with the Service Provider’s performance of its obligations under this Contract in a material respect and that interference substantially delays the Service Provider in performing its obligations, the Service Provider may request an extension of time to perform its obligations. 20.11 In no circumstances will any extension of time pursuant to clause 20.10 exceed the amount of any delay directly arising from the exercise of the rights. 20.12 16.6. Without limiting any of its other obligations under this Contract, the Service Provider must, at its cost, ensure that it keeps full and complete records Records and that data, information and records Records relating to this Contract or its performance are maintained in such a form and manner as to facilitate access and inspection under clause 19 15 and this clause 2016. 20.13 16.7. In the exercise of the general rights granted under this clause 16, the Commonwealth must use reasonable endeavours not to interfere unreasonably with the Service Provider’s performance under this Contract in any material respect. 16.8. Nothing in this Contract reduces, limits or restricts in any way any function, power, right or entitlement of the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates. The rights of the Commonwealth under this Contract are in addition to any other power, right or entitlement of the Auditor-General, the Commonwealth Ombudsman, the Information Commissioner, the Privacy Commissioner, the Freedom of Information Commissioner or any of their delegates. 16.9. This clause 16 applies for the Term and for a period of 7 years from the date of its expiration or termination.