Terms of use

Terms of use for the Initial Assessment and Referral (IAR) Decision Support Tool (DST) and related Guidance Documentation

Welcome to the Initial Assessment and Referral Decision Support Tool (IAR-DST) for mental health. The IAR-DST is designed for use by Australian health professionals when a person presents with mental health related needs in the Australian primary care system. The IAR is intended to assist Australian health professionals to decide the highest level of care a patient will need across five levels of care in an Australian stepped care model.

If you are from outside Australia or would like more information about the IAR-DST, you can contact the Australian Government Department of Health and Aged Care by emailing MH.IARProject@Health.gov.au.

In these Terms of Use, the terms:

• “You” and “Your” refer to the user of the IAR-DST and Guidance Documentation.
• “Permitted Purpose” refers to a health professional, working within the Australian health system, using the IAR-DST to assist with making a determination about the highest level of mental health care required (within the Australian stepped care model of care) to meet the needs of the patient.

The Commonwealth of Australia as represented by the Department of Health and Aged Care (the “Department”) may at its discretion update these Terms of Use. By continuing to use the IAR-DST, You accept the Terms of Use as they apply from time to time.

As a condition of Your use of the IAR-DST and its Guidance Documentation IAR-DST You must agree to these Terms of Use each time you use the IAR-DST.

Licence

Subject to these Terms of Use, the Department grants You a non-exclusive, non-transferable and royalty free licence to use the IAR-DST for the Permitted Purpose, revocable at will.

License conditions

You must:

1. use the IAR-DST in accordance with the Guidance Documentation and any other guidelines and directions that may be issued by the Department from time to time;
2. only use the IAR-DST for the Permitted Purpose; for the avoidance of any doubt, this means You must not use the IAR-DST if You are located outside Australia;
3. not sublicense, commercialise or sell the IAR-DST;
4. not, in conjunction with your use of the IAR-DST, use the Commonwealth Coat of Arms or any other Commonwealth or Department logos at any time;
5. not attempt to undermine the security or integrity of IAR-DST; and
6. not use, or misuse the IAR-DST in any way which may disrupt or impair the functionality of the IAR-DST or other systems used for the IAR-DST.

Your obligations

In consideration of Your use of the IAR-DST, You:

• Acknowledge that use of the IAR-DST is not a substitute for professional knowledge and clinical judgement. The Department recommends systems and processes for initial assessment and referral should be based on the evidence and consider the unique and personal circumstances of each patient, including other health or social issues, their preferences and choices, and any risk or safety issues.
• Acknowledge that the intellectual property rights in the IAR-DST are owned by or licensed to the Department and nothing in these Terms of Use operates, or is intended to operate, to give You any ownership rights in the IAR-DST.
• Indemnify the Department for any loss or damage the Department suffers in connection with Your use of (including reliance on) the IAR-DST or any breach of these Terms of Use.

Disclaimers and risk

You acknowledge and agree that:

• Your use of the IAR-DST is at Your own risk, and You have made an independent assessment as to the risks of using the IAR-DST.
• The IAR-DST is intended for use within Australian primary care settings only by Australian health professionals for the Permitted Purpose, if You use the IAR-DST for other purposes you exclude the Department from all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage (including injury and harm) resulting, directly or indirectly, in connection from Your (or any other person’s) use of, or reliance on the IAR-DST.
• The Department may at any time add to, remove or otherwise modify any or all of the content in the IAR-DST at its discretion and without prior notice to You.
• The Department may remove your access to the IAR-DST at any time without prior notice to You.
• The IAR-DST may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular course of action.
• The Department does not guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of the IAR-DST.
• The Department gives no warranty or guarantee in connection with the IAR-DST. Among other things, the Department makes no guarantee that the IAR-DST will be available for use, that the IAR-DST is error-free and free of defects, viruses or harmful code, that defects and errors will be corrected, or that use of the IAR-DST will be uninterrupted.
• To the maximum extent permitted by law, the Department excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage (including injury and harm) resulting, directly or indirectly, in connection from Your (or any other person’s) use of, or reliance on, IAR-DST.

General

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

You agree and acknowledge that these Terms of Use constitute the entire agreement between You and the Department in relation to the use of the IAR-DST and replace all previous agreements, licences, understandings, representations and warranties in relation to this subject matter.