Federation Rules 2024 – Important update

Previous Rule (2023)

Change (2024)

Reason

2 Authority of this document

2 Authority of this document

3 Definitions

3 Definitions

A set of Attributes selected by the Federation that all Identity Providers are required to support where they have implemented systems to support the Conditional Attributes.

means a set of Attributes selected by the Federation Operator, detailed at Appendix 2.

6 Subscriber responsibilities 

6 Subscriber responsibilities 

 7 AAF Limited Responsibilities

7 AAF Limited Responsibilities

8 Additional rules for Identity Providers

8 Additional rules for Identity Providers

9 Additional rules for Service Providers

9 Additional rules for Service Providers

10. Modern Slavery

In this clause 10:

Modern Slavery Laws means the Modern Slavery Act 2018 (Cth) and the Modern Slavery Act 2018 (NSW) and any relevant regulations or ancillary legislation published in respect of the above or any similar modern slavery legislation in another jurisdiction of which AAF Ltd is required to comply.

Modern Slavery Offence means:

a) any conduct which would constitute ‘modern slavery’ under the Modern Slavery Act 2018 (Cth); and

b) any other conduct or practices which amount to an offence under any of the Modern Slavery Laws.

10.1 At the date of entering into the Subscription and these Rules, the Subscriber represents and warrants that it:

10.1.1 has no knowledge of any Modern Slavery Offence currently occurring within its organisation or supply chain; and

10.1.2 takes and will continue to take reasonable steps to identify the risk of, and prevent the occurrence of, Modern Slavery Offences within its organisation or supply chains.

10.1.3 Without limiting clause 10.1 above, the Subscriber represents and warrants to AAF Ltd that in relation to any services procured from, or subcontracted or outsourced to, third parties for the provision of the services (including, for the avoidance of doubt, in the capacity of an Identity Provider and Service Provider) under these Rules, the Subscriber has taken, or will, prior to procuring, sub-contracting or outsourcing any such services from or to a third party, take, and will continue through the Subscription to take all reasonable steps to confirm that such third party is not engaging in Modern Slavery Offences.

10.1.4 The Subscriber will notify AAF Ltd in writing as soon as practicable and no later than ten [10] Business Days upon becoming aware of any Modern Slavery Offence (or of any charges laid or orders made in relation to a Modern Slavery Offence) within its organisation or supply chain.

10.1.5 If requested by AAF Ltd, the Subscriber will, subject to any existing confidentiality requirements and any relevant law, take all reasonable steps to provide AAF Ltd with any information, reports or documents in relation to any Modern Slavery Offence or any risk of a Modern Slavery Offence within the Subscriber’s organisation or supply chain, including if required the completion of a self-assessment questionnaire.

11. Anti-corruption

In this clause 11:

Anti-bribery Laws means all laws, statutes, regulations and directives from a Government Authority in relation to anti-bribery and anti-corruption.

Government Authority means any governmental, semi-governmental, municipal, statutory, judicial or quasi-judicial authority, department, agency, body, entity, organisation, commission or tribunal.

11.1   Compliance with Anti-bribery Laws

The Subscriber must and must ensure that its personnel (including, for the avoidance of doubt, its directors, officers and employees):

11.1.1 comply with all applicable Anti-bribery Laws;

11.1.2  comply with any AAF Ltd policy regarding Anti-bribery as provided to the Subscriber from time to time;

11.1.3 do not directly or indirectly make any offer, transfer of consideration (in the form of money or otherwise), or granting authorisation of any offer or consideration, to any AAF Ltd personnel or any public official (whether Australian or other foreign), that will enable it an unfair or improper advantage under the Subscription and these Rules; and

11.1.4 immediately report to AAF Ltd any request or demand that may consist of a material financial or other advantage which may be unlawful in connection with the Subscription and these Rules.

11.2 Representations and notification

The Subscriber:

11.2.1 warrants that it has not been convicted of any anti-bribery offence under any applicable Anti-bribery Laws;

11.2.2 will immediately notify AAF Ltd if it has publicly announced it is subject to an investigation by a Government Authority for a suspected or actual breach of any Anti-Bribery Laws; and

11.2.3 agrees that if:

(i) the warranty in clause 11.2.1 is or becomes false; or

(ii) the Subscriber is convicted of an offence under any Anti-Bribery Laws, then AAF Ltd may immediately terminate this agreement upon written notice to the Subscriber.

10 Data Protection and Privacy

12 Data Protection and Privacy

12.1 (c) (iii) unauthorised access to Personal Information and/or Data; or

12.1 (c) (iv) Operational Issues; and

12.7 The Subscriber hereby consents to the AAF Ltd publishing or otherwise making available information in relation to the Subscriber as may be required, in the case of a Notifiable Data Breach or Cyber Security Incident, by the Office of the Australian Information Commissioner and/or the Australian Cyber Security Centre as required to comply with the Privacy Laws and/or the Security of Critical Infrastructure Act 2018 (Cth).

12 Audit and Compliance

14 Audit and Compliance

16. Dispute Resolution

18. Dispute Resolution

16.2 If any dispute cannot be resolved in accordance with Section 16.1 within 10 Working Days, the Subscriber or AAF Ltd may require that the matter be referred for consultation between the Chief Executive/Vice Chancellor or equivalent of the Subscriber, or their authorised representative, and the Chief Executive Officer of AAF Ltd. In this event, both the Subscriber and AAF Ltd will be represented by one or more delegates in consultations which will be held within 15 Working Days of the requirement.

16.3 If a dispute cannot be resolved under Sections 16.1 and 16.2, then the dispute may be referred by either party to the Board. The Board may seek expert advice if relevant. The decision of the Board will be final and binding upon the parties.

18.2 If a party believes that a Dispute has arisen it must provide a written notice to the other party or parties setting out full details of the Dispute (Dispute Notice).

18.3 There will be a period of thirty [30] days from the service of a Dispute Notice during which the authorised representatives of the parties must participate in good faith negotiations to attempt to reach a written agreement regarding the Dispute detailed in the Dispute Notice.

18.4 If, following the expiry of the period described in clause 18.3 no written agreement has been reached regarding the matters set out in the Dispute Notice, either party may, by written notice to the other party submit the dispute for mediation pursuant to clause 18.5.

18.5 Any Dispute submitted for mediation under this clause 18 will be conducted in accordance with the mediation rules of the Resolution Institute (ACN 008 651 232).

18.6 The parties may agree on the identity of the mediator appointed to mediate a Dispute, provided that where the parties are unable to agree on the identity of the mediator within fifteen [15] days of the Dispute being submitted for mediation, either party may request that a mediator be appointed by the Resolution Institute (ACN 008 651 232).

18.7 If a Dispute referred to mediation under clauses 18.4 or 18.5 is not resolved within twenty [20] days after the mediator was appointed or any further time period agreed by the parties in writing, the dispute resolution process under this clause 18 will be terminated and either party may commence legal proceedings in respect of the Dispute.

18.8 The cost of any mediator will be shared equally between each party. Each disputing party will bear their own costs of participating in any such mediation.

17. General

19. General

17.2 If any provision of these Rules is held to be unenforceable by any court of competent jurisdiction, all other provisions will nevertheless continue in full force and effect.

17.3 All notices which are required to be given under these Rules must be in writing and sent, in respect of AAF Ltd, Australian Access Federation, Level 21, 179 Turbot Street, Brisbane QLD 4000 and, in respect of the Subscriber, to the address of its principal office, or in either case, to any other address in which the recipient may designate by notice given in accordance with the provisions of this Section.

17.4 Except where otherwise stipulated in these Rules, any notice may be delivered by Priority Post or by email. Notice will be deemed to have been served:

17.4.1 If by Priority Post, 48 hours after posting; or

17.4.2 If by email, when delivered.

17.5 These Rules and all the documents referred to in them supersede all other agreements, arrangements and understandings between the parties in respect of their subject matter and constitute the entire agreement between them relating to their subject matter.

17.6 The Subscriber may not assign or otherwise transfer its subscription of the Australian Access Federation without the prior written consent of AAF Ltd.

19.2 If any provision of these Rules is held to be unenforceable by any court of competent jurisdiction, all other provisions will nevertheless continue in full force and effect.

19.3 A notice, consent, approval, waiver or other communication (notice) in connection with these Rules must be in writing and signed by the sender or a person authorised by the sender.  A notice may be given by hand delivery, prepaid post or by electronic message to the recipient’s current address for service for notices (located at https://aaf.edu.au/about/contact-us/) or as amended by notice from time to time. Notice will be deemed to be received:

19.4.1 if hand delivered, at the time of delivery;

19.4.1 If by pre-paid post, three [3] Business Days after the date of posting or seven [7] Business Days after the date of posting if posted to or from a place outside Australia; or

19.4.2 If by email, when the sender receives an automated message confirming delivery or eight [8] hours after the message has been sent (as recorded on the device from which the sender sent the message) unless the sender receives an automated message that the electronic message was not delivered or the sender knows or reasonably should know that there is a network failure and accordingly knows or suspects that the electronic message was not delivered, unless a notice is received after 5.00 pm on a Business Day in the place of receipt or at any time on a non-Business Day, in which case, that notice is deemed to have been received at 9.00 am on the next Business Day.

19.6 The Subscriber may not assign or otherwise transfer its Subscription of the Federation without the prior written consent of AAF Ltd.

Appendix 1 Core Attributes

Appendix 1 Core Attributes