DIAGNOSTIC IMAGING ACCREDITATION SCHEME
Terms And Conditions
Terms and Conditions
These are the Terms and Conditions (with the enrolment form and/or application submitted by the Practice) which govern the Agreement between HDAA Australia Pty Ltd (HDAA) and the Practice (identified by a Location Specific Practice Number) that seeks accreditation or seeks to maintain accreditation to the Diagnostic Imaging Accreditation Scheme (DIAS) by HDAA. These Terms and Conditions may be updated from time to time without additional notification. The HDAA Standard Terms and Conditions form part of the full Terms and Conditions of our Agreement with you. The HDAA Standard Terms and Conditions are located on our website.
1. Duration of this agreement
1.1. The Client Agreement commences on the date when HDAA verifies and accepts the Practice’s Enrolment Form or (in the case of a re-accreditation) the date when HDAA accepts a re-application from the Practice. The Terms and Conditions of the Agreement will be automatically renewed for consecutive accreditation periods. Renewal will be on the same terms unless HDAA and the Practice agree to vary specific terms in writing.
1.2. At the discretion of HDAA, the Agreement may not be renewed if:
- The Practice has not promptly paid to HDAA all monies payable under this Agreement;
- The Practice and HDAA have agreed to any new standard terms of engagement in substitution of these terms;
- The Practice has not observed all other terms of this Agreement, or
- The Agreement has otherwise been terminated.
1.3. If HDAA is not operational at any time, this Client Agreement ceases unless the Client Agreement is transferred by HDAA to another approved Accreditation Body. If this Client Agreement is transferred to another approved Accreditation Body, the Client agrees that this Client Agreement will continue with that approved Accreditation Body until the end of the accreditation period
2. The standards and application
2.1. The Standards are the current Practice Accreditation Standards and include any updates/ modifications applied or required by the Department of Health.
2.2. The Practice will apply for either the Entry Level Standards or Full Suite of Practice Accreditation Standards (Full Suite of Standards) as applicable to the accreditation status;
- Non-accredited practices may choose Entry Level Standards. Entry Level provides 2-year accreditation. A Practice must then proceed to Full Suite of Standards.
- Full Suite of Practice Accreditation Standards provides 4 years accreditation and is for practices progressing from Entry Level accreditation or choosing to start with the Full Suite of Standards.
- Non-Accredited practice with previous accreditation (i.e. accreditation has lapsed) are required to undertake the Full Suite of Standards (4 yrs. accreditation).
- MIAP Accredited practices. Practices may provide evidence of MIAP accreditation for DIAS accreditation to be approved for the same duration as a current MIAP accreditation.
2.3. The Practice acknowledges that Accreditation, and the Standards on which the Accreditation is based, are designed to assess a combination of the Organisation arrangements, Pre-Procedure, Procedure and Post Procedure services provided by the Practice at the physical LSPN site (Location Specific Practice Number).
3. Membership and fees
3.1. A practice enrolling with HDAA for the DIAS is required to make its own determination of eligibility to participate in the scheme. HDAA is not liable for an incorrect enrolment; e.g. for a practice that is not in scope of the DIAS.
3.2. Fees are based on the number of diagnostic imaging practitioners (people involved in capturing or reporting on the image) to be included in the accreditation of the LSPN site (practice).
3.3. All invoices issued by HDAA to the LSPN site in respect of costs associated to diagnostic imaging accreditation are due and payable within 14 days of the date of the invoice being issued.
3.4. HDAA retains the right to stop work on any LSPN sites accreditation or cease support if invoices are outstanding beyond 14 days.
3.5. The fee does not include the cost of any on-site visit should this be required. DIAS does not require on-site visits for accreditation purposes.
3.6. All published fees are GST inclusive.
3.7. Fees include:
- The relevant assessment; refer to Fee Schedule.
- HDAA accreditation mark stickers (2) and guide.
- Amendments to your accreditation report where your practice or accreditation details change (one change).
- Re-issue of accreditation certificate (one copy if required).
- Support with resolving accreditation queries.
3.8. Fees are subject to annual adjustments for CPI and may change if the requirements or structure of DIAS are changed by the Department of Health.
3.9. Fees are invoiced at the time of assessment or request for service and payable within 14 days of the date of the invoice being issued.
3.10. HDAA may postpone work until the fee is paid.
Annual membership fee option
[This fee option applies only to practices enrolled in Annual Membership prior to 1 September 2020].
3.11. The date of your enrolment with HDAA.
3.12. The Annual Membership Fees are paid annually on the anniversary of the practices’ enrolment.
3.13. Fee rates may vary if the requirements or structure of the DIAS change as directed by the Department of Health.
3.14. By choosing the Annual Membership fee option, practices are committing to four (4) consecutive years payments at the published rate. After 1 September 2020, on completion of the relevant four (4) consecutive payments the Annual Membership will cease and the full fee arrangement (refer to clauses 3.1 – 3.10 above).
3.15. When an assessment has occurred and a Practice leaves the diagnostic imaging accreditation scheme or transfers to another Approved Accreditor prior to the four-year membership term expiring the Practice will be liable for the cost of accreditation based on the Pay as You Go rate less Annual Membership fee paid to the date.
3.16. When no assessment activity has occurred and a Practice leaves the diagnostic imaging accreditation scheme or transfers to another Approved Accreditor prior to the four-year membership term expiring the Practice will not be liable for any further costs.
3.17. If during the membership year an LSPN site increases the number of imaging practitioner’s the following year’s Annual Membership fee will adjust to the relevant rate.
3.18. LSPN sites enrolled with HDAA prior to 1 September 2020 and choosing the Annual Membership option are eligible to receive:
- The relevant assessment; see Fee Schedule hdaau.com.au/fee-options/
- HDAA accreditation mark stickers (2) and guide.
- Amendments to your accreditation report where your practice or accreditation details change (one change).
- Re-issue of accreditation certificate (one copy if required).
- Support with resolving accreditation queries.
- Assessors and the assessment
4.1. Under the current terms of the DIAS as legislated, HDAA will arrange for an offsite desk-top Assessment to be conducted by an Assessor.
4.2. HDAA will arrange for the Assessor to assess the evidence submitted by the Practice and to determine whether or not the Practice meets the Practice Accreditation Standards.
4.3. Entry Level applications will be assessed within 15 Business Days. Full Suite applications will be assessed within 30 Business Days.
4.4. To enable HDAA to assess the evidence submitted before the accredited period expires, Practices with existing DIAS Accreditation agree to submit an application for assessment no later than one month prior to the expiry date of an existing DIAS Accreditation
5. Accreditation Report
5.1. HDAA will complete an Accreditation Report based on the evidence provided by the Practice.
5.2. HDAA will provide the Accreditation Report to the Practice within 2 Business Days of the accreditation decision and the report will contain:
- The accreditation decision.
- The reason for the decision.
- The date of effect of the decision.
- The date from which the practice is accredited.
- The LSPN, physical address and diagnostic imaging modalities to which the decision applies.
- The date by which re-accreditation decision will be necessary.
- Any conditions arising from the decision.
- The requirement to comply at all times with the Practice Accreditation Standards.
6. Accreditation Decisions
6.1. HDAA will make one of three decisions based on the report. The decisions will be:
- (If the Practice substantially complies with the Standards) the Practice will be awarded Accreditation; or
- (If the Practice does not meet all the current Standards) HDAA may, at its discretion, set a timeframe for follow-up action of no greater than 3 months for the Practice to meet the outstanding Standards and advise of the actions requiring further evidence for gaining Accreditation. In this case the Practice will be awarded Conditional Accreditation; or
- If HDAA considers that there is a potential danger to public health or safety, the Practice will not be granted either Accreditation or Conditional Accreditation and (where relevant) any existing accreditation may be revoked with immediate effect.
6.2. HDAA will notify the Practice of the decision within 2 Business Days of the accreditation decision and provide a copy of the Accreditation Report in an electronic format.
6.3. Practices may be awarded Conditional Accreditation. If the actions stipulated by HDAA for gaining Accreditation require only submission of written documentation or evidence, then the Practice can submit the required information to HDAA for review within the Conditional Accredited period. A HDAA Assessor will then assess whether the Standard(s) are fully met and an accreditation decision will then be made. HDAA will notify the Practice of its decision within 2 Business Days of the decision date.
6.4. It is a condition of accreditation or re-accreditation under the Legislative Instrument that the proprietor of the diagnostic imaging practice permits HDAA as the responsible Accreditor to, at any time:
- access and inspect the premises and equipment of the diagnostic imaging practice; and or
- access, inspect and copy documents, materials, books and records, however stored, in the custody or under the control of the proprietor, its officers, employees, agents or contractors; and or
- to require the provision of information by the proprietor, its officers, employees, agents or contractors, for the purpose of HDAA as the responsible Accreditor to determine whether the diagnostic imaging practice meets, or continues to meet, requirements for accreditation under the legislative instrument.
6.5 In the event of an on-site visit being required, an hourly rate will apply to all assessment activity along with actual travel costs and expenses being charged to the Practice
7. Period of accreditation
7.1. Where the Practice is awarded Full Suite Accreditation or Re-Accreditation, the accredited period will be four (4) years from the Accreditation Decision date.
7.2. Where the Practice is awarded Entry Level Accreditation, the accredited period will be two (2) years from the Accreditation Decision date.
8. The practice business premises and ownership
8.1. Accreditation is awarded to the LSPN site, identified by the Location Specific Practice Number (LSPN) and details of ownership as advised in the Enrolment Form and verified by Department of Human Services Australia.
8.2. LSPN details are verified by Department of Human Services Australia at the time of enrolment with HDAA.
8.3. Each LSPN is a separate accreditation and where a Practice is issued a new LSPN (i.e. Practices moving premises) the practice will be required to enrol as a new practice and will incur new membership fees.
8.4. HDAA will require evidence to demonstrate accreditation is maintained if there is a change in the ownership or diagnostic imaging services provided at the LSPN site or other changes which may compromise the LSPN’s Accreditation.
9. Reconsideration and accreditation decisions
9.1. An application for reconsideration must be made in writing by the Proprietor of the Practice to HDAA within 28 days of receipt of the decision (Accreditation Report).
9.2. HDAA will, within 28 days of receiving a request for reconsideration, conduct a review of the information submitted in the application and any other information and records relating to the initial decision and either:
- Affirm the initial decision; or
- Vary the initial decision; or
- To set aside the initial decision and make a decision in substitution for it.
9.3. HDAA will notify the Proprietor in writing of the reconsideration decision and the reasons for the decision with confirmation of the LSPN the reconsideration decision applies to and the date of effect of the reconsideration decision
9.4. Details will also be provided to the Proprietor of the procedure for applying to the Minister of Health for further reconsideration of the initial decision. This will include the dates of 28 days duration the Proprietor has to apply to the Minister for further reconsideration and instruction for the Proprietor to include why it is believed the initial decision should be reconsidered by the Minister.
9.5. On occasion HDAA may conduct reconsideration on its own volition and in such circumstances will notify the Proprietor and provide a copy to the Department of Health.
9.6. The Department of Health will notify HDAA when a Proprietor of a Practice has not applied to the Minister for further reconsideration. HDAA will then proceed with the reconsideration decision that was notified to the Proprietor and either;
- Vary, suspend or revoke accreditation; or
- Grant initial accreditation; or
- Grant re-accreditation.
9.7. Where HDAA is notified by the Department of Health that a Practice has applied to the Minister for further reconsideration of the decision, HDAA will provide the Minister copies of all documents and records relating to the initial decision and the reconsideration decision.
9.8. The Department of Health will notify HDAA of the outcome of the reconsideration by the Minister, and HDAA will apply the Minister’s decision as directed and either:
- Vary, suspend or revoke accreditation; or
- Grant accreditation and notify the Proprietor of the practice of the LSPN and modalities the decision relates to, the date from which the Practice is accredited and the expiry date by when re-accreditation will be necessary; or
- Grant re-accreditation and notify the Proprietor of the practice of the LSPN and modalities the decision relates to, the date from which the Practice is accredited and the expiry date by when re-accreditation will be necessary.
10. Certificate of accreditation
10.1. When a Practice is Accredited, HDAA will aim to send the Practice the Certificate of Accreditation within 20 Business Days of the decision to accredit the practice.
10.2. The Certificate of Accreditation will include a Schedule Letter and remains the property of HDAA and must be returned to HDAA upon termination of the Agreement.
10.3. The Schedule Letter will detail the requirements for maintaining accreditation and contain any specific Conditions imposed on the practice.
10.4. HDAA will provide the Practice with a new Certificate of Accreditation each time Accreditation is awarded.
10.5. Annually HDAA will require the Practice to review, and where applicable, update its details on the HDAA OnTrack system including (but not limited to) contact details, number of imaging practitioners, and modalities provided.
11. HDAA mark (accreditation mark)
11.1. HDAA grants an Accredited Practice a non-exclusive license to use the HDAA Mark.
11.2. The Practice acknowledges that HDAA owns the copyright of the HDAA Mark.
11.3. The Practice’s ability to use the HDAA Mark commences on the date the Practice’s Accreditation is granted by HDAA and continues until the date the Practice’s Accreditation with HDAA or Membership ceases.
11.4. The Practice is limited to use the HDAA Mark at the accredited site (Business Premises), on Practice stationary, the Practice website, and for Practice advertisements or marketing material relevant to the diagnostic imaging services provided.
11.5. The Practice will not use, nor allow the use of, the HDAA Mark to imply superiority of the Practice or accreditation of services other than those shown on the Certificate documents.
11.6. On termination of Accreditation by HDAA the Practice will deliver to HDAA all documents and other materials in its possession relating to the HDAA Mark when requested.
11.7. The Practice will immediately notify HDAA of any infringement or possible infringement or of any actions or claims in relation to use of the HDAA Mark.
11.8. The Practice hereby indemnifies and agrees to keep HDAA indemnified against any actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of the Practice’s use of the HDAA Mark.
11.9. The HDAA Mark must only be used in accordance with the “Guidelines for the Use of the HDAA Mark” as described on www.hdaau.com.au and in the following manner:
- Only to use the “HDAA Accredited – Practice” version of the HDAA Marks in relation to DIAS;
- Only to use the files of the HDAA Mark provided, on request, by HDAA;
- Only to be used at, and in relation to, the accredited LSPN site;
- Not to be incorporated into any other design or distributed in any fashion;
- Not to be used or affixed to medical equipment or products used within the Practice’s Business.
12. Patient confidentiality and privacy
12.1. HDAA will ensure that the Assessor has entered into Confidentiality Agreements with HDAA and the Assessor will have covenanted not to make public or divulge to any person, except HDAA, any information concerning the Practice including the Practice’s patients.
12.2. HDAA and the Assessor will take all such steps and do all such things as may be necessary, prudent or desirable in order to reasonably safeguard the confidentiality and privacy of the Practice, Practice’s clients and client health records.
12.3. HDAA will not make public or divulge to any person any of the Practice’s client information unless required by law.
12.4. The Practice warrants that, where it considers necessary, it has obtained client approval for the HDAA Assessor to review the Practice’s client health records.
13. Confidentiality and privacy
13.1. HDAA will act in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 Australian Privacy Principles (24 March 2014).
13.2. Other than as required by law, during the Term of the Agreement, HDAA covenants with the Practice not to make public or divulge to any person any information concerning the business, operations of the Practice or any of its dealings, transactions or affairs or otherwise do any act or omit to do any act which directly or indirectly will or might reasonably be expected to injure the goodwill, business or reputation of the Practice.
13.3. During the Term of the Agreement the Practice covenants with HDAA not to make public or divulge to any person any information concerning the business or operations of HDAA or any of its dealings, transactions or affairs or otherwise do any act or omit to do any act which directly or indirectly will or might reasonably be expected to injure the goodwill, business or reputation of HDAA.
13.4. The Practice authorises HDAA to release compilation data and accreditation status data to the Department of Health, Department of Human Services Australia, various Commonwealth, State and Territory government bodies in HDAA’s usual course of business or as required by legislation.
13.5. HDAA may from time to time release aggregated data that does not identify individual Practices that use HDAA’s services to the public for use as statistics concerning diagnostic imaging practices.
13.6. The Practice consents to HDAA publishing the name, location, and diagnostic imaging modalities of the practice on HDAA’s website upon the practice gaining Accreditation.
14.1. The Practice may terminate the Agreement if HDAA fails to carry out the obligations on its part to be performed or observed in accordance with the Agreement, if this failure continues for a continuous period of 10 Business Days after notification in writing specifying the nature of the breach.
14.2. HDAA may terminate the Agreement if the Practice fails to carry out the obligations on its part to be performed or observed in accordance with the Agreement, if this failure continues for a continuous period of 10 Business Days after notification in writing specifying the nature of the breach. HDAA may otherwise terminate the Agreement at its discretion.
14.3. If HDAA transfers this to another Approved Accreditor the client agrees that this Agreement will continue with that Approved Accreditor.
14.4. If any information provided by the Practice to HDAA upon which Accreditation has been based subsequently is found to be false or misleading, then HDAA reserves the right to immediately terminate this Agreement.
14.5.If the Practice has been awarded Accreditation but in the reasonable opinion of HDAA the Practice ceases to comply with the requirements for Accreditation, and if the non-compliance continues for a continuous period of 20 Business Days after notification in writing specifying the nature of the non-compliance, then HDAA reserves the right to immediately terminate this Agreement.
14.6. If the Practice has been awarded Accreditation and subsequently the Practice ascertains that it may no longer comply with the requirements for Accreditation, then the Practice will immediately notify HDAA whereupon HDAA may re-asses and potentially revoke, suspend or vary this Agreement or the Accreditation status of the Practice.
14.7. Upon termination of this Agreement because of a breach in any of the clauses 14.1 – 14.5, any Accreditation previously awarded to the Practice will be forthwith cancelled.
In these Terms and Conditions:
15.1. Accreditation means Accreditation to either the Entry Level or Full Suite of Practice Accreditation Standards;
15.2. Accreditation Expiry Date means the last day of the accredited period;
15.3. Accreditation Mark means a logo (Mark), which acknowledges that the Practice is Accredited, that was designed, approved and is owned by HDAA;
15.4. Accreditation Report means the report prepared by HDAA which compiles the information collected from the Assessment and sets out the Practices achievements against the Standards and the accreditation decision;
15.5. Accredited means having been granted Accreditation and/or Conditional Accreditation;
15.6. Annual Membership means the Membership Fee option prior to 1 September 2020 chosen by the practice and paid annually for 4 years as an all-inclusive fee for any assessment, accreditation activity, and support in each year.
15.7. Approved Accreditor means an Accreditation Agency approved under the Health Insurance (Diagnostic Imaging Accreditation – Approved Accreditors) Instrument 2020to provide Assessments to the DIAS;
15.8. Assessment means the review of the evidence submitted by the Practice against The Standards which is conducted by the HDAA Assessor;
15.9. Assessment Date means the date the Assessment was conducted;
15.10. Assessor means the person appointed by HDAA to conduct the Assessment;
15.11. Agreement means the verified Enrolment Form and these Terms and Conditions read together;
15.12. Business Day means any day other than a Saturday, Sunday, public or bank holiday;
15.13. Business Premises means the physical location of the Practice as identified at enrolment and registered with Services Australia for an LSPN;
15.14. Certificate of Accreditation means a certificate provided by HDAA to the LSPN site acknowledging that the Practice has obtained Accreditation;
15.15. Conditional Accreditation means assessment of evidence provided by the practice has occurred but the Practice has not been granted Accreditation because it has not met all of the Standards, but has been given the opportunity and timeframe to seek full Accreditation by undertaking further actions;
15.16. Conditions of Accreditation mean the conditions required under the terms of the scheme to be advised to HDAA by an accredited practice to maintain accredited status, specifically – Change to address or premises: Change to ownership: Change to diagnostic imaging personnel: Change to imaging equipment status: Change in modality status: Evidence required to complete Unattained Standards in the event of Conditional Accreditation;
15.17. DIAS means Diagnostic Imaging Accreditation Scheme introduced under the Health Insurance Act 1973 (the Act) legislative framework for practices providing diagnostic imaging services under Department of Human Services Australia;
15.18. Enrolment Form means the form completed either electronically or by hard copy at the time the practice engages HDAA as the Accreditor for the Diagnostic Imaging Accreditation Scheme. The verified enrolment form is the Agreement for the purpose of Accreditation with HDAA;
15.19. Entry Level Standards means Standards 1.2, 1.3 and 1.4 of the Diagnostic Imaging Accreditation Scheme Practice Accreditation Standards;
15.20. Fast Track means the process HDAA applies to ensure that non-accredited practices applying for accreditation are assessed within appropriate time frames. Fast Track will be applied to all new business applications and non-accredited practices to provide an accreditation decision within 15 days for Entry level applications or 30 days for Full Suite applications.
15.21. Full Suite Standards means all fifteen (15) Standards of the Diagnostic Imaging Accreditation Scheme Practice Accreditation Standards.
15.22. HDAA means HDAA Australia Pty Ltd, ABN: 40 134 482 625.
15.23. Imaging Practitioner means (i) medical practitioner; or (ii) any other practitioner or person operating the diagnostic imaging equipment.
15.24. Legislative Instrument means The Health Insurance Act 1973 (s 16EA + Division 5).
15.25. Location Specific Practice Number (LSPN) the unique number allocated by Department of Human Services Australia to the practice under section 23DZQ of the Health Insurance Act.
15.26. Practice means the diagnostic imaging business or department identified by the LSPN and named in the Enrolment Form and verified by the Department of Human Services Australia register.
15.27. Practice Profile means the summary of information provided by the Practice at enrolment which sets out identifying data relating to the Practice and the Practice’s Business.
15.28. Practice’s Business means the business of a diagnostic imaging practice carried on by the Practice at the Business Premises.
15.29. Membership Fee means the published schedule of fees set out and agreed to at enrolment.
15.30. Membership Fees Option means the HDAA fee structure options for accreditation; Annual Membership (not applicable from 1 September 2020), or Pay as You Go.
15.31. Membership Form means the HDAA Enrolment Form which was completed by the Practice.
15.32 Pay as You Go means the HDAA Fee Option chosen by the practice prior to 1 September 2020 for accreditation activity as required.
15.33. Service means an assessment (Full Suite or Entry Level) or related activity undertaken by HDAA to maintain a practices accreditation to the Conditions of Accreditation (see 15.16).
15.34. Standards means the Practice Accreditation Standards (Entry Level or Full Suite) as currently required by the Legislative instrument.
15.35. Technical Panel means a panel, appointed by HDAA, of both diagnostic imaging practitioners, professionals engaged in diagnostic imaging services (including but not limited to Practice Managers, Imaging Practitioners or Compliance Officers) and Assessors experienced in the review and assessment of The Standards.
15.36. Term means the duration of this Agreement.
15.37 Terms and Conditions means the Terms and Conditions as currently published by HDAA and forming part of the Agreement.
16. Eligibility criteria
16.1. Practices providing services on the Diagnostic Imaging Service Table (DIST) as shown below must achieve accreditation in order to continue to provide Medicare funded Services.
Relevant Modality items in the diagnostic imaging services table Medicare Code:
- Ultrasound All items in Group I1. ULT.
- Computed Tomography All items in Group I2. CTG.
- General Radiology (X-ray) All items in subgroups 1, 2, 4 – 9, 11, 12 and 14 of Group I3; and Items 57901 – 57945 only in subgroup 3 of Group I3. RAD
- Mammography All items in subgroup 10 of Group I3.
- Angiography All items in subgroups 13 and 16 of Group I3.
- Fluoroscopy All items in subgroups 15 and 17 of Group I3.
- Orthopantomography (OPG) Items 57960, 57963, 57966 and 57969 only in subgroup 3 of Group I3.
- Magnetic Resonance Imaging (MRI) All items in Group I5. MRI.
- Nuclear Medicine Imaging All items in Group I4. NME.
16.2. Practices eligible for Accreditation are providing services in the relevant DIST and maybe one of the following:
- Currently accredited practices moving from Entry Level Accreditation to Full Suite Accreditation.
- Currently Accredited practices undertaking Full Suite Re-Accreditation to maintain Full Suite Accredited Status.
- Non-accredited practices providing services under the relevant DIST entering the DIAS for the first time.
- Non-accredited practices that have previously been accredited where their accreditation was revoked or otherwise ended must apply for and obtain accreditation against the full suite of standards in order to re-enter the Scheme.
- MIAP Accredited Practices are practices with Medical Imaging Accreditation Program (MIAP) accreditation and may seek recognition of their MIAP accreditation under the DIAS.
17. The Agreement
17.1. The Agreement is the verified Enrolment Form completed either electronically or by hard copy at the time the practice engages HDAA as Accreditor for the Diagnostic Imaging Accreditation Scheme and these Terms & Conditions.
17.2. The Agreement binds the Practice to the HDAA Terms and Conditions for DIAS.
17.3 HDAA may review and amend these Terms and Conditions at any time.
The information contained in any report or associated assessment evidence records produced in accordance with the terms of the DIAS and relates to the client’s compliance with particular standards or certifications as at the date of the Report. Nothing in the Report pertains to the client’s compliance or otherwise with the relevant laws or regulations applicable to the client and the responsibility of compliance with the relevant laws or regulations applicable to the client remains the responsibility of the client.
The information contained in the Report will be based on the best information available to the assessor(s) at the time of the assessment. Although all due care will be exercised in the preparation of the Report, because it is not possible to foresee all possible uses of the information or the Report, or to predict all future events and because the Report is prepared using a random sample of information available at the time of the Report, any subsequent action or inaction in reliance on the accuracy of the Report is the risk sole decision of the user of the information including any person, government body, organisation or entity and is taken at their sole risk.
Although every attempt will be made to summarise the relevant findings accurately and to explain their application and practice to the relevant standards, nothing in the Report should be taken as an authoritative statement of law. Every person should take their own independent legal advice for the purposes of interpretation and application of relevant laws. To the maximum extent permitted by law, HDAA Australia Pty Ltd, its directors, officers, agents, employees and representatives expressly disclaim any and all liability, losses, costs or damages to any person, government body, organisation or entity arising directly or indirectly as a result of any act, omission or failure to act by any person, government body, organisation or entity in reliance in whole or in part upon the whole or any part of any statement or information contained in the Report.
The Report is provided to the client on the basis that the client is agreeable to the above term and on accepting the Report from HDAA Australia Pty Ltd, the client acknowledges their agreement to the above.