Conditions of Use
e-SAM is an application managed by the Department of Employment and Workplace Relations (the Department). In using this application, you agree:
- not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Department's website;
- not to tamper with other persons' access to the Department's website or commit unauthorised intrusion into any part of the Department's website, including computers, files, accounts, networks and equipment;
- not to attempt to bypass the network firewall;
- not to use any part of the Department's website for which you are not authorised or devise ways to circumvent security in order to access part of the department's website for which you are not authorised – including but not limited to, scanning networks with the intent to breach and/or evade security, whether or not the intrusion results in access or not; and
- not to attempt to misuse the Department's website – including but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, or intentional invasion of privacy.
Access to Australian Government (hereafter ‘Government’) ICT Systems for the purpose of administering a Commonwealth program is contingent on adherence to the following:
- the user may only access the Government ICT Systems for which they have authorisation, and for purposes which are relevant to their work;
- the user is solely responsible for all action taken on Government ICT Systems under their User ID.
the user will maintain the integrity of access to these Systems including, but not limited to:
- not sharing User IDs, nor using another person’s User ID
- ensuring the safekeeping and confidentiality of their personal identification number/s (PIN) / passwords;
- the user will not illegally access Government ICT Systems, download or distribute inappropriate, undesirable or offensive material;
- the user will not use Government ICT systems to violate copyright or infringe the intellectual property of software and the integrity of systems configurations and software; and
- the user must identify and avoid conflicts of interest. Where there is a perceived or actual conflict of interest the user will notify their supervisor or manager and follow appropriate advice before accessing Government ICT Systems. Conflicts of interest are discussed in more detail in the ‘Conflict of Interest’ section below.
Users will understand that:
- The Department will use the personal information collected in Government ICT systems to monitor use of Government ICT Systems as part of managing and administering the ICT systems, protecting against unauthorised access, verifying security problems and ensuring compliance with policies.
- The Department may disclose personal information of some users to other entities which use the Department’s e-SAM system, such as the Department of Education and Training, for the purposes mentioned above.
- Users may be required to consent to a criminal history check conducted by the Australian Federal Police.
- All suspected breaches of the Government ICT Systems must be reported to the appropriate IT Security team.
- User access may be suspended immediately and without notice where it is suspected or alleged that there has been inappropriate usage of data, records and information and/or where the obligations outlined above have not been met. The Department reserves the right to deny future requests for access to Government ICT systems within its area of responsibility.
- It is a criminal offence to provide false or misleading information, or to access or modify restricted data. This includes unauthorised access to, or modification of, restricted data by a person, which is an offence under section 478.1 of the Criminal Code Act 1995 and punishable by 2 years’ imprisonment. Unauthorised access to Government ICT systems or providing false or misleading information may result in criminal and/or civil action being taken.
- In certain circumstances it is a criminal offence for a Commonwealth officer to publish or communicate information obtained from Government ICT systems. Disclosure of information by current or former Commonwealth officers is an offence under section 70 of the Crimes Act 1914 and is punishable by 2 years’ imprisonment. Disclosure of information obtained from Government ICT systems may result in a criminal or civil action being taken.
Conflict of Interest
- The onus is on the user to be alert and identify any actual or potential conflict of interest, financial or otherwise.
- A conflict of interest is defined as a situation where a staff member has, or could be perceived as having, a personal interest in a matter that is the subject of a decision or duty of the staff member.
- A personal interest includes, but is not limited to, a direct or indirect, past, current or planned future financial, management, organisational membership or any other interest by the staff member or by a business associate, family member or friend of the staff member.
- Employers should refer staff to an internal policy in relation to responding to conflict of interest situations.