2019-07-15 GC Agenda - Attachment 1 to Item 8 - Alliance and Funding Agreement - TNC and Noosa Council

                       e)    not transfer Personal Information outside of Australia without the prior
                             written consent of Noosa Council;
                       f)    ensure that only authorised personnel who require access in order to
                             perform their duties have access to the Personal Information;
                       g)    ensure that its personnel do not access, use or disclose Personal
                             Information other than in the performance of their duties;
                       h)    immediately notify Noosa Council if it becomes aware that a disclosure
                             of Personal Information is, or may be, required or authorised by law;
                       i)    fully co-operate with Noosa Council to enable Noosa Council to
                             respond to applications for access to, or amendment of a document
                             containing an individual’s Personal Information and to privacy
                             complaints; and
                       j)    comply with such other privacy and security measures as Noosa
                             Council reasonably advises TNC in writing from time to time.
              11.4.2. Where Noosa Council is not reasonably satisfied, on the basis of information
                      provided to it by TNC, that proper practices are in place to ensure that the
                      privacy and disclosure of information requirements for Personal Information
                      are being observed and maintained, Noosa Council may at any time require
                      TNC to make its personnel aware of its obligations in accordance with this
                      clause 11.4 including, when requested by Noosa Council, requiring those
                      persons to promptly sigh a Privacy Deed in the form required by Noosa
                      Council.
              11.4.3. Any Personal Information exchanged between TNC and Noosa Council shall
                      be dealt with in accordance with the Information Privacy Act 2009 (Qld).
              11.4.4. TNC must immediately notify Noosa Council upon becoming aware of any
                      breach of this clause 11.4 and must take such steps as is necessary to
                      minimise the consequences to the individuals whose Personal Information
                      was inappropriately disclosed and to reduce the risk of such inappropriate
                      disclosure occurring in the future.
              11.4.5. TNC acknowledges and accepts that:
                       a)    a breach by it or any of its personnel of any of the Information Privacy
                             Principles; or
                       b)    inappropriate disclosure by it or any of its personnel in breach of the
                             Information Privacy Principles;
                       is a material breach of this Agreement.
              Right to Information
              11.5.1. The Right to Information Act 2009 (Qld) (“RTI Act”) provides members of the
                      public with a legally enforceable right to access documents held by a local
                      government.
              11.5.2. The RTI Act requires that documents be disclosed upon request, unless the
                      documents are exempt or on balance, disclosure is contrary to the public
                      interest.


Alliance and Funding Agreement                                                          Page 11 of 25