About the WA.gov.au website
The WA.gov.au website is provided by the State of Western Australia (also called the WA Government) for people who need to interact with the Government of Western Australia, such as citizens and residents, business owners, public sector employees and people who want to move to or visit Western Australia. For more information, see About this website.
Questions or concerns. If you have any questions, concerns or suggestions about the WA.gov.au website, please email Office of Digital Government at support@digital.wa.gov.au
About these terms of use
What these terms are about. These WA.gov.au website Terms of Use apply to individuals and organisations who access and use the WA.gov.au website and any associated software and third party technologies used by the website (collectively referred to as the WA.gov.au website).
These Terms set out the rules that apply to your use of the WA.gov.au website – for example:
- using the WA.gov.au website properly – not for harming others or harming the system;
- following the law and other terms that apply when using government services;
- giving the right information; and
- the limitations of the WA.gov.au website.
By accessing or using the WA.gov.au website you are agreeing to these Terms. Any person using the WA.gov.au website for an organisation is agreeing to these Terms on behalf of that organisation – and represents and warrants that the person can (and is authorised) to do so.
If you don't agree to ALL these Terms, then do not access or use the WA.gov.au website.
Who these terms apply to. These Terms apply to:
- you – the individual (or organisation) who uses the WA.gov.au website; and
- the WA Government (also called we or us).
Other terms apply to your use of the WA.gov.au website (as well as these Terms), including:
- for WA Government services that you access through the WA.gov.au website – each service has its own terms (and may have a minimum age).
Changes to Terms. These Terms may only be varied by the WA Government. The WA Government may, at any time and at its absolute discretion, vary these Terms. If these Terms are changed, we will state this on the WA.gov.au website.
If you don't agree with the changes, then do not continue to use the WA.gov.au website. If you continue to use the WA.gov.au website, the changed terms will apply from the time they were changed. The changed terms will replace any previous WA.gov.au website Terms.
Using WA.gov.au website
Finding information and services.
The WA.gov.au website is designed to help you find what you're looking for quickly and easily, even if you don't know which WA Government agency provides the service or information you need. For more information with finding information and services visit about this website.
Using Other Government Services.
WA.gov.au website links you with services provided by different WA Government departments and agencies (Other Government Services). When you click on a link for a service, it may take you to another WA Government website that provides the service. That other website will have additional terms about your use of the Other Government Service, including about confidentiality, payment and other obligations. You must comply with those terms, and pay all required fees and charges for that service.
Follow the law and these Terms.
You are responsible for complying with these Terms, and with all laws (and any other terms) that apply to your use of the WA.gov.au website and any Other Government Service. If you are an organisation, you are also responsible for ensuring such compliance by anyone who uses the WA.gov.au website on your behalf.
Giving the right information
You must be honest when using the WA.gov.au website and Other Government Services. If you are not:
- this wastes WA Government resources; and
- you may be denied access to WA Government online services (temporarily or permanently.
In addition, if you knowingly provide false or misleading information, you may also be subject to penalties or have your transactions cancelled.
Being honest includes:
- providing the right information when using Services WA and Other Government Services;
- not pretending to be another person; and
- not accessing an Other Government Service on behalf of someone else unless you have been properly authorised by them; and
- not providing other wrong information.
Using the WA.gov.au website for the right reasons
Use the WA.gov.au website only for interacting with the WA Government.
You must use the WA.gov.au website in accordance with these Terms solely for lawful purposes and to interact with the WA Government.
Don't use the WA.gov.au website for other things.
You must not use the WA.gov.au website or Other Government Services for any other reason. You must not use the WA.gov.au website in any way other than as set out in these Terms. For example, you must:
- no commercial use: not resell or make the WA.gov.au website or Other Government Services available to any third party, or otherwise commercially exploit WA.gov.au website or Other Government Services;
- no decompiling: not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of the WA.gov.au website (or Other Government Services) or the technology they use;
- no framing: not (nor attempt to) frame or mirror any part of the WA.gov.au website or Other Government Services, or delete any attributions or legal or proprietary notices on the WA.gov.au website or any Other Government Services; and
- no monitoring or copying: not monitor or copy the WA.gov.au website or Other Government Services, not change, translate or otherwise create derivate works of the WA.gov.au website or Other Government Services, not use any software (like bots, scraper tools etc) to access, monitor or copy the WA.gov.au website or Other Government Services, and not use the WA.gov.au website or its contents (or any Other Government Services) to build or inform a competitive product service.
Using the WA.gov.au website in the right way
You must:
- security measures: not attempt to bypass or undermine any security measures in respect of the WA.gov.au website (or Other Government Services) or any technology they use;
- no automation: not access or use the WA.gov.au website or Other Government Services using automated means (whether or not including the use of bots or artificial intelligence);
- no harming the system: not use (or misuse) the WA.gov.au website or Other Government Services in any way that may impair the functionality of the underlying systems or technology used by the WA.gov.au website or Other Government Services, or impair the ability of any other user to access or use the WA.gov.au website or Other Government Services;
- no harming others: not use the WA.gov.au website or any Other Government Service in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable, defamatory, malicious or misleading, or encourages unlawful conduct;
- no avoiding payment: not use the WA.gov.au website or any Other Government Service in a manner that does, or is designed to, avoid paying required fees and charges for WA Government services;
- no unauthorised access: not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don't need in order to use the WA.gov.au website in accordance with these Terms; and
- laws and policy: comply with applicable laws, regulations and WA Government usage policies that are in force when you access the WA.gov.au website or any Other Government Service.
Privacy and electronic communication
Privacy.
By using the WA.gov.au website, you agree to the collection, use, storage and disclosure of your information, as set out in the WA.gov.au website Privacy Policy. You also agree that we can monitor and review the activities of WA.gov.au website users.
Electronic messages.
You agree:
- to receive notifications (including messages, requests, directions, notices, orders, licences, permits, approvals, invoices, receipts and other documents and information) via electronic communication, including by email and electronic notifications on your mobile device; and
- that any such notifications satisfy all legal requirements for written communication.
You are responsible for reading, and (where applicable) responding in a timely manner to, all notifications we issue to you.
Please contact us dgov-administrator@dpc.wa.gov.au if:
- you do not agree to receive such notifications electronically; or
- you wish to specify who can receive electronic notifications on your behalf.
Images of people now deceased.
The Western Australian Government is aware that many Aboriginal people and Torres Strait Islanders are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people and Torres Strait Islanders still living are used on this website, visitors to the website are warned that it may contain images of people now deceased. Please let us know if you know of the death of any Aboriginal or Torres Strait Islander person depicted on this website.
Freedom of Information.
You acknowledge that information that you provide through an Other Government Service may be subject to an application for release under the Freedom of Information Act 1992 (WA) – and that the WA Government may release that information as required to comply with the law.
No liability.
The WA Government, subject to relevant laws and WA Government policies, will take all reasonable precautions to protect and safeguard information (including personal information and confidential information) from unauthorised access or disclosure or other misuse or loss. However, if any unauthorised access or disclosure or other misuse or loss to, or disclosure of, this information occurs (whether through the WA.gov.au website or otherwise), the WA Government is not liable for any loss or damage, directly or indirectly, suffered by any person.
Limitations of the WA.gov.au website
Disclaimer.
Information is presented on the WA.gov.au website for the benefit of the public, other government agencies and advisors. We take reasonable efforts to ensure the accuracy, currency and reliability of the information on the WA.gov.au website. However, we do not guarantee its accuracy – for example, changes in circumstances after publication may impact its currency and relevance.
No warranties.
The WA.gov.au website is provided 'as is' and 'as available'. Except as required by law, the WA Government does not make any claims (and hereby disclaim any warranties) relating to:
- quality, performance or fitness for any particular purpose of the WA.gov.au website;
- accuracy, reliability or quiet enjoyment of the WA.gov.au website;
- non-infringement of third party rights (including intellectual property rights); or
- anything else to do with the WA.gov.au website or any associated services.
Nothing that we say or write creates any warranties in respect of the WA.gov.au website.
If there are any service quality standards (also known as SLAs) for the WA.gov.au website or the websites of Other Government Services, these represent only a non-binding target that the WA Government may work towards. They are not a representation, warranty or commitment in respect of the WA.gov.au website or the websites of Other Government Services (including in respect of their quality or availability).
But the law may have warranties for the WA.gov.au website or the websites of Other Government Services that we cannot lawfully exclude or change – those warranties will apply to the WA.gov.au website and the websites of Other Government Services as required by law.
Errors and interruptions.
The WA Government is not responsible for:
- making sure WA.gov.au website is error free;
- ensuring any defects with WA.gov.au website will be fixed; or
- ensuring that you have continuous access to WA.gov.au website.
Third party technologies.
The WA.gov.au website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the WA.gov.au website, the WA Government is not responsible for the operation of those technologies and services, or for making sure they are error-free.
We may change or withdraw the WA.gov.au website.
The WA Government may, at any time, and without notice or liability to you:
- change the WA.gov.au website (including its content and how it works);
- change how and when the WA.gov.au website is available; or
- suspend or discontinue the WA.gov.au website (in whole or in part).
We can cancel your access to the WA.gov.au website.
The WA Government may, at any time, and without notice or liability to you:
- terminate, suspend, restrict or disable your access to or use of the WA.gov.au website;
- change who can use the WA.gov.au website.
This could be because you do not comply with these Terms or with your legal obligations – or it could be for any other reason, including reasons relating to the WA Government's internal operations.
If your access to the WA.gov.au website is terminated or suspended, you can still interact with the WA Government in other ways (for example, over the counter, by mail and email). Contact us dgov-administrator@dpc.wa.gov.au for more information.
Limitations on our liability to you
Use of the WA.gov.au website is at your own risk.
If the WA.gov.au website is defective, you won't be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.
Information and links.
All information relating to, or presented on, the WA.gov.au website is of a general nature only. You will need to seek professional advice in relation to your particular circumstances, and make your own assessment of the accuracy and completeness of the information provided on the WA.gov.au website. In addition, we take no responsibility for:
- your use of external (non-WA Government) sites that might be linked to (or through) the WA.gov.au website; or
- any automated translation or other automated services you use in connection with your use of the WA.gov.au website or an Other Government Service.
We are not liable for loss.
The WA Government and its service providers are not liable for personal injury, or for any loss or damages whatsoever (including incidental, special, indirect or consequential damages) including, without limitation:
- loss or corruption of data or damage to any technology;
- loss of profits or income, loss of opportunity;
- interruption to your business or delay to any activity; or
- any other loss or cost,
arising out of or related to your use of (or inability to use) the WA.gov.au website (or any Other Government Service), or any unauthorised use of the WA.gov.au website or an Other Government Service, however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised the WA Government of the possibility of such loss or cost.
The WA Government's total liability to you for all damages and any kind of loss will not, in any case, exceed $20 (Australian).
Your rights at law.
Some jurisdictions give you rights at law that can't be limited or excluded – and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.
If the WA Government is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), the WA Government limits its liability under those provisions to:
- supplying WA.gov.au website or any relevant services again; or
- the payment of the cost of having the WA.gov.au website or relevant services supplied again, as the WA Government chooses.
Your liability to us
You are responsible for and indemnify the WA Government against any loss or damage to any person arising from any breach of these Terms, from the provision of any material using an Other Government Service, and from any wilful negligent or unlawful act or omission by you in relation to or in the course of your use of the WA.gov.au website or an Other Government Service. Your responsibility for actions or omissions will continue despite you ceasing to use the WA.gov.au website or an Other Government Service or having been denied access to the WA.gov.au website or an Other Government Service.
Intellectual property rights
The WA Government (or its service providers) own all rights in the WA.gov.au website and the technology it uses. It is licensed (not sold) to you.
All other intellectual property rights in the WA.gov.au website are subject to the licence set out in these Terms. The licence is for you to use the WA.gov.au website for the sole purpose of accessing information about WA Government services, and linking to those services. You may copy, distribute, display, download or print the material on this website for your own personal use, for non-commercial educational purposes or for non-commercial use within your organisation, provided you attribute the source of the information and reference any copyright or licence conditions.
Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the provisions of the Copyright Act 1968, or where different copyright terms are expressly stated, no part may be reproduced or re-used for any commercial purposes whatsoever without prior written permission of the State of Western Australia.
Where the work is not owned by the department, please contact the original copyright holder.
The WA Government reserves all rights in and to the WA.gov.au website (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.
If you provide us any feedback about the WA.gov.au website or an Other Government Service, we may use and disclose your feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the WA.gov.au website).
Applicable law, disputes and interpretation
Laws of WA.
These Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.
Disputes.
Before filing a claim or complaint against the WA Government, you agree to attempt to resolve the dispute by first emailing dgov-administrator@dpc.wa.gov.au with a description of your claim. We will attempt to resolve the dispute within 60 days of receiving your email. If we are unable to resolve the dispute, you may commence formal action.
Interpretation.
In these Service Specific Terms:
- we or us means the WA Government;
- WA.gov.au website means the wa.gov.au website and all associated websites, software and content associated with, or accessible through, that website;
- you means the individual who is using the WA.gov.au website;
- Other Government Service means a WA Government service provided by a different department or agency that you can access through a link on WA.gov.au website.
- transaction includes making applications or referrals, and disclosing or obtaining information about a person;
- notifications includes messages, requests, directions, notices, orders, licences, permits, approvals, invoices, receipts and other documents and information;
- person includes organisations;
- organisation includes firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns; and
- including, for example and similar words do not imply any limit.
If any part of these Terms is illegal, unenforceable, or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable, or invalid, and the remaining parts of these Terms remain in full effect. Our failure or delay in enforcing these Terms is not a waiver of our right to do so later.
