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Terms of Service

These Terms of Use govern access to and use of the Independent Children’s Lawyer website: www.icl.gov.au. By accessing the Independent Children’s Lawyer website (website) you acknowledge and accept these Terms of Use and the website Privacy Policy (see below Part 10. Your Privacy). The Independent Children’s Lawyer website may at any time change these Terms of Use or any other content of this website. 

1. NOT ADVICE 

The information provided on the Independent Children’s Lawyer website is not intended to constitute legal, or other professional advice. 

2. IMPLIED TERMS & LIMITATIONS 

To the extent permitted by law, National Legal Aid (NLA) disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this content of the website, including, without limitation, any warranty that the information or services provided on the website are fit for a particular purpose. You acknowledge that you have exercised and relied upon your own skill in determining whether the information or services provided in this website meet your particular requirements, and that you have not relied on any statement or representation made on behalf of NLA or the Independent Children’s Lawyer website. 

3. DISCLAIMER 

While care and diligence have been used to maintain the information on the Independent Children’s Lawyer website, it may not be accurate, current or complete in all respects and, consequently, the Independent Children’s Lawyer website does not make any representations or warranties as to the accuracy, currency or completeness of the information. 

The Independent Children’s Lawyer website is not responsible to you or anyone else for any loss suffered in connection with the use of the Independent Children’s Lawyer website or any of its content. 

The Independent Children’s Lawyer website expressly disclaims all and any liability to any person in respect of anything and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of the Independent Children’s Lawyer website. 

The Independent Children’s Lawyer website excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Independent Children’s Lawyer website, its content or the information on it, including links to other websites. 

Where liability cannot be excluded, any liability incurred by us in relation to the use of the Independent Children’s Lawyer website or its content, is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, the Independent Children’s Lawyer website will not be liable for any consequential, incidental, indirect or special loss. 

4. INTELLECTUAL PROPERTY 

Users of the Independent Children’s Lawyer website are granted a non-exclusive, non-assignable and non-transferable licence to use the Independent Children’s Lawyer website only in accordance with these Terms of Use. Nothing in these Terms of Use or the Independent Children’s Lawyer website will give users ownership of the content. Users may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the content except as: 

  • expressly authorised either in the Independent Children’s Lawyer website or these Terms of Use; 

  • permitted under the Copyright Act; or 

  • authorised in writing by Independent Children’s Lawyer website. 

The Independent Children’s Lawyer website owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Independent Children’s Lawyer website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Independent Children’s Lawyer website are owned exclusively by the Independent Children’s Lawyer website, its related bodies corporate or others who have licensed their material to the Independent Children’s Lawyer website (unless expressly indicated otherwise). 

The Independent Children’s Lawyer website reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of this website and are not explicitly licensed. 

Prohibitions 

Users of the Independent Children’s Lawyer website must not: 

  • use the Independent Children’s Lawyer website in any way contrary to law or regulation or these Terms of Use, 

  • undertake data harvesting of personal information from the Independent Children’s Lawyer website, 

  • use information obtained from the Independent Children’s Lawyer website about a person, corporation or other entity to send unsolicited communications to that person, corporation or other entity, 

  • in any way interfere with access to, or functionality of the Independent Children’s Lawyer website or any transaction or process undertaken via the Independent Children’s Lawyer website, or 

  • unless explicitly authorised on the website, reproduce, incorporate, or store any information from the Independent Children’s Lawyer website without the prior written consent of the Independent Children’s Lawyer website. 

5. COPYRIGHT AND INTELLECTUAL PROPERTY – NATIONAL ICL ACCREDITATION TRAINING PROGRAM, E-LEARNING MATERIALS AND WEBSITE RESOURCES 

All content made available through the Independent Children’s Lawyer website, including but not limited to the National ICL Accreditation Training Program, e-learning modules, course materials, webinar recordings (including recordings of live sessions retained for ongoing professional development), and all associated resources (collectively, ‘Materials’), is protected by copyright and other intellectual property laws unless otherwise indicated. 

These Materials are owned by, licensed to, or otherwise used with permission by NLA, including content developed either directly by the National ICL Program or by approved third-party contributors. All rights are expressly reserved. 

The Materials may include e-learning content and courses developed by third-party providers. Such third-party content remains the intellectual property of its respective owner(s) and is subject to any applicable copyright notices, licence terms, and disclaimers specified within that content. By accessing or using such content, you agree to comply with any applicable third-party terms. 

Access to the Materials is provided exclusively to authorised members for personal, non-commercial, professional development purposes. By accessing or using the Materials, you agree that you will not, without the prior written consent of NLA: 

•  copy, reproduce, republish, upload, post, transmit, or distribute any part of the Materials in any form or by any means; 

•  alter, adapt, modify, translate, or create derivative works from the Materials; 

•   store the Materials in any electronic retrieval system or other media (except as permitted below); 

•  share, sublicense, sell, or otherwise make the Materials available to any third party; or 

•  use the Materials for any commercial purpose or in a manner that competes with or undermines the National ICL Program. 

Authorised members may download and/or print limited portions of the Materials for their own personal reference and professional development. Such permitted use must not remove, obscure, or alter any copyright or attribution notices. 

Access to webinar recordings, training content, and all associated resources is restricted to current authorised users of the ICL platform and must not be shared externally under any circumstances. 

Any unauthorised use of the Materials is strictly prohibited and may constitute a breach of these Terms of Service, which may result in the suspension or termination of access. NLA reserves the right to take appropriate steps to protect its intellectual property and the integrity of the National ICL Program. 

6. NATIONAL ICL ACCREDITATION TRAINING - PHASE 1 ONLINE TRAINING TERMS OF SERVICE 

By making a payment and enrolling in the National ICL Accreditation Phase 1 online training provided by the National ICL Accreditation Program via the Independent Children’s Lawyer website, you acknowledge that you have read, understood, and agree to be bound by the website’s Terms of Service. 

6.1 Provision of services upon receipt of payment 

We will send you a registration confirmation with your login details for the training. 

6.2 Limitations to provision of service 

By successfully completing the Phase 1 online accreditation training, you acknowledge that we cannot guarantee placement in your preferred Phase 2 Workshop date or location. Places are limited, and Phase 2 Workshops are not offered in all States and Territories. While we make every effort to accommodate trainees’ preferred dates and locations, we cannot guarantee registration aligned to those preferences. Priority will generally be given to eligible trainees applying for Phase 2 Workshops within the State or Territory in which the workshop is located. 

Successful nominees for a Phase 2 Workshop will be notified of their acceptance into their preferred workshop at least two weeks prior to the scheduled date. Workshop venues are subject to change up to 72 hours before the workshop. In the event of a cancellation, registrants will be notified at least five days prior to the scheduled workshop date. 

7. REFUND POLICY & OTHER FEES PAYABLE 

No refund, credit or transfer will be provided in the following circumstances: 

  • Phase 1 online training or non-attendance at a Phase 2 Workshop; 

  • Purchased tickets for online events; 

  • Purchased tickets for live events, including National ICL conferences. 

Any technical issues related to online payments will be actioned during standard business hours only. Business hours are Monday to Friday 9:00AM to 5:00PM (AEST). Please note that support is not available during evenings, weekends, or public holidays. 

By purchasing any ICL online training product or tickets for online or live events, you acknowledge and accept the pricing at the time of purchase. 

8. LIABILITY 

A person must have read and understood the eligibility criteria and application process for consideration for selection to the Independent Children’s Lawyer panel of the State or Territory legal aid commission in which they practice, or intend to practice as an ICL. They must also acknowledge and accept that completion of the National Independent Children’s Lawyer Accreditation Training Program does not guarantee selection to an Independent Children’s Lawyer panel by any legal aid commission. 

9. SYSTEM INTEGRITY 

The user agrees not to interfere with the proper working of the Independent Children’s Lawyer website. The user agrees not to do anything that imposes an unreasonable or disproportionately large load on the Website infra-structure. 

10. YOUR PRIVACY 

The Independent Children’s Lawyer website handles personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), as amended from time to time, and any applicable privacy laws and regulations. 

This Privacy Policy sets out the Independent Children’s Lawyer website policies in relation to management of personal information. 

What kinds of personal information do we collect and hold? 

We collect and hold: 

  • your contact details, such as office address, telephone numbers and email address; 

  • your personal details, such as gender, qualifications, titles; 

  • your practice details; 

  • your membership information; 

  • your website order history for paid and free webinars, training, courses and other events offered on the Independent Children’s Lawyer website; 

  • records of your communications and other interactions with us; 

  • records of your communications and other interactions related to marketing/advertising we send to you via third party software related to webinars, training, courses and other events; 

  • records of the webinars, training, courses and other events that you purchase and/or participate in through the website. 

In this Privacy Policy we refer to this as your personal information. 

How do we collect and hold your personal information? 

We generally collect your personal information directly from you including when you use the website to purchase and/or participate in webinars, training, courses and other events. However, in some cases, we may receive your personal information from a third party for the purposes of send marketing/advertising to webinars, training, courses and other events sent to you through the website or via third party marketing software. 

What would happen if we did not collect your personal information? 

Without your personal information we may not be able to process your application or request or provide you with some or all our products and services. 

What are the purposes for which we collect and hold your personal information? 

We collect and hold your personal information to: 

  • fulfil our role including: 

  • maintaining membership records; 

  • providing Independent Children’s Lawyers and relevant stakeholders with information, resources, publications, professional development and training relevant to Independent Children’s Lawyers; 

  • providing information on services, publications, resources and events to members, and the public; 

  • communicating regarding an enquiry, request for information or use of our services; 

  • allowing use of personal information in a controlled manner by persons distributing information relevant to members or relevant stakeholders; 

  • allowing use of personal information in a controlled manner by entities advertising/marketing webinars, training, courses and other events and  information relevant to Independent Children’s Lawyers; and 

  • providing general membership information to organisations such as National Legal Aid and legal aid commissions across Australia. 

  • analyse your interaction with the website. The information collected from you may be analysed individually and/or aggregated with the information relating to other members to produce statistical information. Insights from this process are used by National Legal Aid to select and optimise the information, services, resources, publications, professional development, training and advertising we provide to you. 

Use and Disclosure of your personal information 

We do not use your personal information or disclose it to another third party unless: 

  • it is reasonably necessary for one of the purposes described above; 

  • having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure; 

  • it is necessary to protect the rights, property, health or personal safety of a member, the public or our interests, and it is unreasonable or impracticable to obtain your consent; 

  • the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing; 

  • we have reason to suspect that unlawful activity, or misconduct of a serious nature, which relates to our functions or activities has been, is being or may be engaged in, and we believe that the collection, use or disclosure is necessary in order for us to take appropriate action; 

  • the assets and operations of the website are transferred to another party as an ongoing concern; 

  • it is necessary to obtain third party services, for example to carry out data analysis or provide information processing services. The use of your information by third parties is strictly controlled; 

  • it is for one of the purposes expressly permitted under the Privacy Act; or 

  • you have provided your consent. 

Mentoring program: submitting an application as a mentee and mentor 

Where you choose to apply through the Mentoring program, including by clicking the “Apply as Mentor” and “Apply as a Mentee” buttons, you consent to the Independent Children’s Lawyer website making your personal information available to the mentor or mentee that you may be matched with through the program. 

Disclosure overseas 

The Independent Children’s Lawyer website may from time to time uses the services of certain third-party marketing providers which may have offices or other operations outside of Australia. As a result, your personal information may be stored overseas. All service providers that have access to personal information held by the Independent Children’s Lawyer website are required to keep the information confidential and not to make use of it for any purpose other than to provide services in accordance with their engagement. 

If you do not want your personal information to be disclosed 

If you do not want your personal information to be disclosed (for instance, you want to have your name excluded from marketing mailing lists) you can manage your subscription via the marketing message, or advise the Independent Children’s Lawyer website by email to: iclwebsite@legalaid.nsw.gov.au. We will accommodate your request provided that the disclosure is not required by law. 

Storage and security of personal information 

We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification, or disclosure. 

If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity. 

You can also help us keep your personal information secure by maintaining the confidentiality of your account passwords and notifying us immediately of any unauthorised use of your account or any other security breach. 

Privacy Policy application to the website 

Cookies 

We may collect personal information through the use of technologies such as cookies. A cookie is a small text file that a website places on a user’s device to help the website recognise the user and store certain information about their preferences or past actions. 

Cookies enable the website to function more efficiently by remembering user activity and preferences, such as login details and navigation choices. Without cookies, the website may not be able to recognise returning users, and you may be required to re-enter information, such as login credentials, each time you visit a new page. 

Linked websites 

This Privacy Policy does not apply to linked websites. 

Rights to access and correction of your personal information 

You have the right to access your personal information unless we are permitted by law to withhold that information. Requests for access to your personal information should be made to the Independent Children’s Lawyer website manager by email at: iclwebsite@legalaid.nsw.gov.au. 

If you are a registered user, you may also access and update your personal details at any time by logging into your account and editing your profile on the website. 

You have the right to request the correction of any personal information that is inaccurate, incomplete, or out of date. 

In some circumstances it may be appropriate and lawful for us to deny access, including if: 

  • we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; 

  • providing access would have an unreasonable impact on the privacy of another individual; 

  • the request is frivolous or vexatious; 

  • the information relates to existing or anticipated legal proceedings between you and us and the information would not be accessible by the process of legal discovery in those proceedings; 

  • giving access would reveal our intentions in relation to negotiations with you and prejudice those negotiations; 

  • we have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter; 

  • providing access would be unlawful or if denying access is required or authorised under Australian law or a court/tribunal order; 

  • giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or 

  • giving access would reveal evaluative information generated within the Independent Children’s Lawyer website in connection with a commercially sensitive decision-making process. 

Further information and complaints 

If you require further information about how we manage your personal information, or if you wish to make a complaint about our handling of your personal information, you should initially contact the Independent Children’s Lawyer website manager by email at iclwebsite@legalaid.nsw.gov.au. We will respond to your enquiry within a reasonable timeframe, generally within 30 days. 

11. GENERAL 

In these Terms of Service and Privacy Policy, unless the context otherwise requires, references to clauses or provisions are references to clauses or provisions of these Terms, words importing the singular include the plural and vice versa, words importing any gender include all genders and where a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning. A reference to any legislation includes any amendment, consolidation, modification, re-enactment, or replacement of that legislation. 

The Independent Children’s Lawyer website is operated and controlled in Australia. 

These Terms of Service and Privacy Policy are governed by and construed in accordance with the laws of the Commonwealth of Australia. 

You may not assign, transfer, or sublicense any rights or obligations under these Terms of Service and Privacy Policy without the prior written consent of NLA