Regulatory Impact Statement for draft Mineral Industries Regulations

Engage Victoria is the Victorian Government's Online Consultation platform provided by the State of Victoria through the Department of Premier and Cabinet and supported by Harvest Digital Planning. It provides a platform for Victorians to be involved in public decisions that affect them.

Who Are We?

In these Terms of Use (including in the Community Guidelines and the Privacy Policy) a reference to ‘us’, ‘we’ or ‘our’ is a reference to the Crown in the right of the State of Victoria and includes its agents, instrumentalities, officers and employees from time to time, apply to everyone who uses the service, regardless of whether you are registered user.

Using this site

By accessing and using this site, you are agreeing that you understand and accept these Terms of Use, which include our Privacy Policy, Moderation Policy and Community Guidelines. Please read all the terms carefully. If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms of Use (including the Privacy Policy).

Who can use this site?

Everyone who has internet access and a web browser is able to visit Engage Victoria If you would like to participate in interactive components such as commenting or voting on issues, you may need to register.

These Terms of Use apply to everyone who uses the site regardless of whether you are a registered user.

Registering with Engage Victoria

If you decide to register with Engage Victoria, you will be asked to provide information about yourself. How we protect and use your information is also explained in our Privacy Policy We will rely on the information that you provide when you register. We will assume it is accurate and current unless you notify us that it has changed.

Any user suspected to be providing misleading information, misrepresenting their identity or misusing the service will have their registration suspended.

When you register with Engage Victoria we will ask you to choose a password. Please do not tell anyone else your password as you are solely responsible for all activities that occur on this service through your account.

If you believe your account has been compromised or hacked, please inform us immediately by the Contact Us form so we can take appropriate action.

Posting content on Engage Victoria

If you have registered with Engage Victoria you can post comments and upload content to the service.

There are some rules about what you can and cannot post on the site. These rules are explained in the Community Guidelines. By agreeing to these Terms of Use you also agree to comply with the Community Guidelines. It is important to us that the service is suitable and safe for everyone who is using it. Therefore, if you violate these Terms of Use (including Community Guidelines) we may suspend your account or ban you from using the site.

Unless otherwise stated by us, the content that you post to Engage Victoria will be visible to all registered and unregistered users of the service. We do not guarantee any confidentiality in relation to the content that you post on Engage Victoria If you wish to provide confidential information, please contact the agency details relating to the particular consultation to arrange an alternative way to respond.

Do we monitor the content posted on Engage Victoria?

We monitor the content posted on Engage Victoria on a regular basis, but it is not possible to monitor all content submitted to the service at all times. This means that from time to time you may see inappropriate content on the site before we can remove it in accordance with the Community Guidelines. If you wish to report content that you believe is inappropriate, you can do so by using a reporting function or by emailing us at Contact Us.

Although we monitor public submissions to the site, we do not assume responsibility for third-party content posted on the service. We do not make any warranties, express or implied, as to the timeliness, integrity, accuracy, appropriateness, legality, reliability or quality of the content posted on Engage Victoria.

The content posted by agencies, by the public and by other stakeholders to Engage Victoria does not necessarily reflect the position, policies or views of the Victorian Government.

When will we edit and remove content from Engage Victoria?

You understand and agree that we have ultimate editorial control over the site and may edit, remove or exercise our discretion not to publish any content from the site at any time for any reason. Without limiting this right, where we identify content that is inaccurate, offensive, inappropriate or contravenes the Community Guidelines or any other terms in these Terms of Use, we may delete the content.

If you violate these Terms of Use (including the Community Guidelines), then we may suspend your account or ban you from using Engage Victoria

Who is responsible for the content posted on Engage Victoria?

All of the content that an individual posts to the site is their sole responsibility. Engage Victoria is not responsible for the content that is posted by users to the service. Engage Victoria does not endorse the views or material contained in the contributions of members of the public or third party sites and is not responsible for the content, availability or performance of external sites linked to or hosting the service.

Consultation content presented through Engage Victoria is the responsibility of the agency or agencies responsible for the specific consultation process and any queries or concerns should be directed to that agency using the contact details provided within the consultation.

We do not accept responsibility or liability for, arising from or in connection with content posted on the site.

The Engage Victoria service is provided to you on an “as is” basis and we make no statements, representations or warranties about the timeliness, accuracy, completeness or reliability of any part of the service. If you want to use or rely upon content posted on Engage Victoria , it is your responsibility to independently evaluate the content and bear all risks associated with your use or reliance on this content. You are responsible for ensuring by independent verification its accuracy, currency or completeness. You use Engage Victoria and rely on any information contained on this service at your own risk.

What if you don’t like the content in Engage Victoria?

If you object to any content in Engage Victoria due to it being inaccurate, offensive, inappropriate or contravening the Community Guidelines or any other Terms of Use, please Contact Us.

All reports will be evaluated and if your objection is upheld the content will be hidden from public view. Please note that we reserve the exclusive right to make the final determination of what is inaccurate, inappropriate or offensive. If we do not uphold your objection, we will communicate to you why your objection was not upheld provided that we have your valid contact information.

What if Engage Victoria isn’t working?

Access to Engage Victoria relies on internet and network technologies outside of our control. We do not guarantee that you will be able to continually access the service without interruption.

We are not liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties or malfunction in equipment or software. If you have difficulties accessing Engage Victoria please Contact Us.

Cancelling your registration

If you have registered with Engage Victoria but no longer wish to be registered, you can cancel your registration by Contact Us.

Content that you have posted to Engage Victoria may remain on the service even after you have cancelled your registration and may be evaluated by agencies in their consultation processes. You are not entitled to have this content removed.

All of the terms in these Terms of Use (including the Community Guidelines and Privacy Policy) survive the cancellation of your registration.

Cancelling your subscription to Engage Victoria newsletters

You can choose to receive newsletters and other updates from Engage Victoria by email. If you then change your mind, you can unsubscribe at any time by following the process set out in the emails that we send you.

Links to other websites

Engage Victoria may contains links to websites which are not controlled or owned by us. Those websites have their own terms and conditions of use and you should familiarise yourself with them.

We are not responsible or liable for the availability or content of any website linked to or from the Engage Victoria that is not owned or controlled by us.

All websites linked to or from Engage Victoria are linked “as is” and we do not:

sponsor, endorse or necessarily approve of any content on those websites;
make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any content on those websites;
make any warranties or representations that content on those websites does not infringe the intellectual property rights of any person anywhere in the world;
authorise the infringement of any intellectual property rights contained in material on those websites;
make any warranties or representations regarding how other websites might retain or use your information if you provide your information to them directly or via cookies placed on your computer by them;
make any warranties or representations regarding whether other websites are free from viruses or malware and do not accept any responsibility for damage or loss caused by any such virus or malware.

We do not agree to any conduct associated with a linked site which may be unlawful or an infringement of rights.

Other important terms

The content of Engage Victoria is provided for information purposes only. No claim is made as to the accuracy, currency or authenticity of the content of Engage Victoria
Information and data is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy and currency of its content
We make no representations, express or implied, as to the accuracy of the information and data or the suitability of the said information and data for any particular purpose contained on Engage Victoria
We make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on Engage Victoria or any linked website into another language
If you use automatic language translation services in connection with Engage Victoria you do so at your own risk and we make no representation, express or implied, as to the accuracy or usefulness of any translation of the information on Engage Victoria
We make no representations, either express or implied, as to the suitability of the service and any information and data or reliance placed on it (including translated information and data) for any particular purpose
We accept no liability whatsoever arising for any loss resulting from the use of Engage Victoria
We accept no liability for any interference with or damage to your (or any other user’s) computer, software or data occurring in connection with or relating to the Engage Victoria service or its use or any website linked to Engage Victoria
Without limiting the above, to the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages resulting from your access to, use of, or inability to access or use the Engage Victoria service, for any lost profits, data loss, or cost of procurement or substitute goods and services or for any conduct or content of any third party on Engage Victoria
We will not become involved in disputes between you and other users of Engage Victoria or between you and third parties
We specifically disclaim any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing or course of performance or use of Engage Victoria
We do not provide any warranties around any information (oral or written) obtained by you from Engage Victoria
We disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information in Engage Victoria being inaccurate, incomplete or otherwise misleading in any way
We may use technology to protect the security of communications made through the Engage Victoria service. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communication made through Engage Victoria

Please ensure that you keep your own copies of your content, as Engage Victoria may not archive, store or back-up your content to make your content accessible online.

Indemnification and Release

If you do something which results in us being sued or if you do not comply with what you have agreed to in these Terms of Use (including the Community Guidelines and the Privacy Policy), you agree to indemnify and hold us harmless from all costs, losses, liabilities, claims, expenses and all other outgoings of whatever kind suffered or incurred by us (including our legal costs) that arise from or relate to your use of the Engage Victoria service.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnity clause. If we do so, you agree that you will cooperate and help us to assert any defences.

You agree to release and discharge us, to the full extent permitted by law, from all actions, proceedings, claims or demands for costs and damages howsoever arising which you may have at any time against us arising out of or related to your use of the Engage Victoria service.

Suspension or Termination of Access

We can suspend or terminate your access to the Engage Victoria service at our sole discretion at any time with or without providing you with notice and we can do so for any reason.

Intellectual Property

You confirm that you own or have the right to use any copyright material included in your content and that you are not infringing any person’s rights by submitting the content to Engage Victoria .

All intellectual property in the content of the Engage Victoria service (except for the content submitted by you and other users including other government agencies) including without limitation the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us and are protected by law, including but not limited to the Copyright Act 1968 (Cth). Engage Victoria may also contain third party material that is protected by law.

By agreeing to these Terms of Use, you agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, licence to use, copy, modify and otherwise deal with the intellectual property (including but not limited to copyright) in all of the content submitted by you using the Engage Victoria service.

Moral Rights Consent

To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any content, to any act or omission that would otherwise infringe any moral rights in any content which is transmitted by you onto the Engage Victoria service whether occurring before or after a consent is given.

You agree that you must not institute, maintain or support any claim or proceeding against us for infringement of any of your moral rights (or the moral rights of any third person) arising from the transmission of content through use of Engage Victoria .

Your agree that you must sign documents and do all acts and things reasonably required by us for the purpose of giving effect to our rights in relation to your moral rights consent.

Applicable Laws

Your use of Engage Victoria and these Terms of Use (including the Community Guidelines and Privacy Policy) will be governed and construed by the laws of the State of Victoria, which shall have exclusive jurisdiction over any disputes. Any claim relating to use of the Engage Victoria service will be heard by the courts of Victoria, Australia.

If you access Engage Victoria from a location outside of Victoria, you do so on your own initiative and are responsible for compliance with applicable local laws and Victorian laws.

Variation

We may revise these Terms of Use (including the Community Guidelines and the Privacy Policy) at any time and with or without notifying you. The updated Terms of Use (including the Community Guidelines and the Privacy Policy) will apply to you from the time that they are posted on the Engage Victoria . You should visit this page from time to time and review the current Terms of Use because they are binding on you.

We may modify or discontinue any information or features that form part of the Engage Victoria service any time, with or without notice to you, and without liability.

Severance

If any part of these Terms of Use (including the Community Guidelinesand Privacy Policy) is determined to be unlawful, void or for any reason unenforceable, then that part is deemed severable from these Terms of Use and does not affect the validity and enforceability of the remaining parts.

Entire Agreement

These Terms of Use (including the Community Guidelines and the Privacy Policy), as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of the Engage Victoria service.

Assignment

You may not assign any of your rights to use the Engage Victoria service to anyone. If we find that you have done so, we reserve the right to suspend and/or delete your account with Engage Victoria and take further action if warranted.

Regulatory Impact Statement for draft Mineral Industries Regulations

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