Hire Terms of Conditions

1. Definitions

In these Terms and Conditions and the Agreement unless the context otherwise requires:

“Acceptance” of the Offer occurs when the Hirer pays, and the Minister has received, the Hire Fee contained in the Offer.

“Activity” means the activity proposed to be undertaken by the Hirer at the Facility as referred to as the “Activity” in the Special Conditions;

“Administration Fee” means the non-refundable portion of the Hire Fee specified in the Special Conditions;

“Additional Security Services” means any additional security services provided by the Minister to the Hirer as part of the Booking as specified in Clause 9.

“Agreement” means the agreement constituted by these General Conditions, the Special Conditions and the Hirer’s Acceptance of the Offer;

“Application” means the booking enquiry or application by the Hirer to use the Facility for the Activity;

“Booking” means a confirmed booking for the use of the Facility by the Hirer;

“Booking Dates” means the confirmed dates for the Bookings listed in the Special Conditions and as amended from time to time by agreement between the Minister and the Hirer;

“Business Day” means a day that is not a Saturday, Sunday or Public Holiday in Perth, Western Australia.

“Business Hours” means the advertised business hours for the Facility;

“Commencement Date” means the date of acceptance;

“Department” means the State's Department of Justice;

“DMJC” means the David Malcolm Justice Centre being the premises located at 28 Barrack St, Perth, Western Australia;

“Facility” means the facility, premises or location, including the main room(s) to be used at the DMJC set out as the “Facility” in the Special Conditions;

“General Conditions” means these DMJC Facility Hire General Conditions;

“Government Authority” means any government or any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, Minister of the Crown, Ministerial Body, agency, entity or Parliament;

“Hire Fee” means the price, fees and charges, including the Administration Fee, contained in the Special Conditions and any additional charges payable pursuant to clause 9;

“Hirer” means the person or entity listed as the hirer in the Special Conditions;

“Hirer’s Agents” mean employees, agents, contractors (at any tier), invitees, volunteers, customers, patrons and licensees of the Hirer;

“Loss” means:

damage or loss, including direct loss, economic loss, loss of profits, property damage, psychological trauma, death or personal injury (including illness), consequential or special damage, loss of use and loss of revenue;
liability of any kind whatsoever, compensation, costs, charges, expenses, claims or other obligation, including;

the cost of defending or settling a claim; and
legal fees on a solicitor-client basis; and

which occurs whether it arises:

under contract, statute, warranty, tort (including negligence), indemnity or otherwise; and
directly or indirectly;

“Minister” means the Minister for Works, a body corporate constituted under section 5 of the Public Works Act 1902 (WA);

“Minister's Landlord” means the owner of 28 Barrack St, Perth Western Australia, Mirvac (Old Treasury) Pty Limited as trustee for the Mirvac (Old Treasury) Trust;

“Offer” means the offer from the Minister to the Hirer (which is subject to the General Conditions and Special Conditions) in respect of an Application and potential Booking;

“Special Conditions” means the special conditions provided to the Hirer via email;

“State” means the State of Western Australia; and

“Term” means the term of the Agreement as set out in clause 4.

2. Interpretation

Where two or more persons are specified as the Hirer, they shall be bound jointly and severally.
Any consents, agreement, approvals or authorisations required to be given or granted by the Minister shall only be binding upon the Minister if given or granted in writing.
The word “including” and similar expressions are not words of limitation.

3. Facility Hire

In consideration of payment of the Hire Fee, the Minister grants to the Hirer a non-exclusive licence to use the Facility on the Booking Dates for the sole purpose of conducting the Activity on the following terms and conditions (“Facility Hire”).
The Facility Hire is for:
1. the Booking only;
2. the use of the Facility for the Activity only; and
3. access to the Facility only during the times specified in the Special Conditions on the Booking Dates.
The Minister and the Department shall have free access to the Facility at all times.

4. Term of Agreement

If the Offer is not accepted by the Hirer by the earliest date of either 5 Business Days after the Offer date, or 48 hours prior to the earliest Booking Date, the Offer will expire.
The Term begins on the Commencement Date and terminates when:
1. all obligations under this Agreement have been performed; or
2. the Agreement is terminated in accordance with clause 18 or otherwise.

5. Hire Fee

The Hirer must pay to the Minister:
1. the Hire Fee for the use of the Facility for the Bookings for each Booking Date including any charges for any Additional Security Services as per clause 9.
All payments shall be made on the dates and in the manner specified in the invoice accompanying the Special Conditions, this clause 5 and any further invoice issued by the Minister in respect of Additional Security Services.
If the Hirer fails to make any payment as required in this clause 5, the Minister may, in its absolute discretion:
1. cancel the Booking;
2. rebook the Facility without informing the Hirer;
3. refuse further bookings from the Hirer until payment is made;
4. retain any portion of the Hire Fee already paid by the Hirer; and
5. charge interest on overdue monies from the date the monies were due at the Reserve Bank of Australia cash rate per annum plus 3% per annum for each month or part of a month during which any payment is overdue.
All prices and fees and charges are inclusive of GST unless noted otherwise.

6. Permitted Use

The Hirer is permitted to use the Facility on the Booking Dates at the times specified in the Special Conditions. Set up and pack down times form part of the times of the Hirer's permitted use hereunder.
The Hirer will promptly vacate the Facility and the DMJC and remove all of its property at the end of each Booking on each Booking Date. If equipment is left at the Facility or the DMJC, additional fees may (at the option of the Minister) apply.
The Hirer must only use the Facility for the sole purpose of conducting the Activity and in the manner specified in this Agreement.
The Hirer must use the Facility and its related equipment and services in a safe and proper manner.
The Hirer must not use the Facility to store any of the Hirer’s equipment or property.

7. Cancellation of a Booking

The Hirer must notify the Minister in writing of any cancellations of Bookings.
If a Booking is cancelled by the Hirer:
1. with notice of a minimum of 5 Business Days prior to the cancelled Booking Date, the Minister will refund the Hire Fee minus the Administration Fee to the Hirer for the cancelled portion of the Booking; or
2. with notice of less than 5 Business Days prior to the cancelled Booking Date, 100% of the cancelled portion of the Hire Fee will remain payable to the Minister.
If a Booking is postponed by the Hirer:
1. with notice of a minimum of 5 Business Days prior to the original Booking Date, the Minister will refund the Hire Fee minus the Administration Fee to the Hirer for the postponed portion of the Booking; or
2. with notice of less than 5 Business Days prior to the original Booking Date, 100% of the postponed portion of the Hire Fee will remain payable to the Minister and the Hirer will be required to make an Application for the postponed proposed booking dates as a new booking enquiry.
Where a Hirer's Activity finishes earlier than planned on any Booking Date such that the Hirer vacates the Facility earlier than scheduled or no longer requires subsequent Booking Dates, the full Hire Fee will remain payable to the Minister.
Where the Minister, in the Minister's absolute discretion, requires use of the Facility, the Minister may cancel a Booking during the Term. The Minister will endeavour, though is not obligated to provide a minimum of 5 Business Days' notice of the cancellation.
If the Minister cancels a Booking pursuant to clause 7e, the Hirer must reschedule, relocate or cancel the Booking at the Hirer’s own cost. The Minister is not liable for any Loss suffered or incurred by the Hirer as a result of the rescheduling or cancellation of the Booking with the exception of the portion of the Hire Fee paid to the Minister at the date of the cancellation.

8. Food and Beverage

The Hirer is permitted to bring in or consume at the Facility food or beverages not provided or procured by the Minister. When delivering any food or beverages to the Facility, the Hirer's Agents will be required to comply with the Minister's security requirements.
The Hirer is not permitted to bring or allow others to bring alcohol into the Facility and the DMJC at any time, without the prior written consent of the Minister. If consent is provided by the Minister, the Minister may require the Hirer to obtain a license or permit under the Liquor Control Act 1988.

9. Additional Security Services

If the Hirer intends that a Booking run past 6pm on a particular Booking Date, it must request in writing Additional Security Services for the Booking. This request must be received by the Minister at least 2 Business Days prior to the Booking Date.
The Minister will consider the Additional Security Services request, assess whether it is willing and able to provide the Additional Security Services and at what cost, and will advise the Hirer. The Minister is under no obligation to provide any Additional Security Services.
The Minister will charge the Hirer and the Hirer must pay for any Additional Security Services provided.
Where the Minister in the Minister’s reasonable discretion, believes that Additional Security Services are required to ensure the safety of occupants of the DMJC, or to respond to or protect against a security risk which could not be reasonably foreseen by the Minister at the date of the Offer, the Minister may, in the Minister’s absolute discretion, engage additional security staff as the Minister believes appropriate. The cost of such Additional Security Services will be determined in accordance with the Minister’s current pricing for such services and payable by the Hirer under clause 9c.
The Minister is under no obligation to provide other services not provided in these General Conditions such as transcription services and translation services which the Hirer must arrange and pay for at its own cost.

10. Marketing

No advertising, promotion, recording, filming broadcasting, or photography shall take place anywhere in the Facility or DMJC without the Minister’s prior written consent.

11. Safety and Security

The Hirer must comply with the Minister and the Department’s safety and security procedures, policies and requirements governing the Facility and DMJC and ensure the Hirer's Agents are aware of, and comply with, the same.
In the event that a person refuses to undergo a security screening or if the Minister in the Minister's absolute discretion believes any person may pose a security risk, the Minister may refuse entry to, or remove any persons from, the Facility and DMJC without any liability on the part of the Minister.
If any person refuses to obey any direction given by the Minister, the Minister may close or vacate the Facility without liability to the Hirer.
If the Facility is closed pursuant to this clause, the Minister may retain a portion or all of the Hire Fee without prejudice to any other rights or remedies the Minister may have.

12. Hirer Covenants

The Hirer agrees:

to comply with and ensure that the Hirer's Agents comply with all directions, rules and policies from the Minister and the Minister's Landlord which relate to the Facility and the DMJC;
to keep the Facility and the DMJC clean and tidy;
to comply with all applicable laws, policies of the Minister, the Department and the Minister's Landlord and all lawful directions of any Government Authority in relation to the Facility and the DMJC;
not to use or operate any services that are within the Facility and DMJC without the prior written approval of the Minister;
not to use or interfere with the Minister’s information technology equipment or network, including plugging in or inserting of USB thumb drives, compact discs or other devices, or powering on any computer in the DMJC;
that they are solely responsible for the Hirer’s Agents attending the DMJC in connection with the Hirer’s use of the Facility and shall indemnify and keep indemnified the Minister and the State from all Loss suffered or incurred by such persons;
to use the Facility and the DMJC at their own risk and without limitation agrees that all property belonging or brought into the DMJC by the Hirer shall be at the sole risk of the Hirer;
not to hawk, sell, dispose of or supply anything whatsoever in the DMJC unless the Minister has provided its prior written approval;
to provide adequate supervision of the Hirer’s Agents and all administrative support for the use of the Facility during all Bookings;
to ensure that no neighbouring occupier or user of the DMJC is disturbed or hindered by the Hirer’s or the Hirer’s Agents’ use of the Facilities;
to leave the Facility and the DMJC clean and free of debris and to remove any of the Hirer’s property at the termination of each Booking;
not to permit smoking inside of the Facility or anywhere within the Minister’s property;
not to do, display or permit to be done or displayed anything which offends against any law, public morals or standards of decency;
not to use drones at the Facility without the prior written consent of the Minister; and
not to abuse, misuse or wastefully or recklessly use or consume any facilities, utilities or consumables (including water, electricity and gas) on, comprising or servicing the Facility or the DMJC or to use any such facilities, utilities or consumables for a purpose or in a manner for which they are not intended by the manufacturer, installer or owner.

13. Insurance

The Hirer must effect and keep in force at all times during the Term and any renewal or extension, with a reputable and solvent insurer such of the following policies of insurance and for the amounts as are detailed in the Special Conditions:

Public and Products Liability insurance policy covering the legal liability of the Hirer and the Hirer’s Agents arising out of the use and occupation of the Facility and the services and Additional Services provided in connection with the Facility Hire for an amount not less than the amount set out in the Special Conditions for any one occurrence and unlimited as to the number of occurrences happening during any one period of insurance except for products liability limited in the aggregate to the amount set out in the Special Conditions during any one period of insurance;
Where the Hirer has employees who will be visiting the Facility and the DMJC, Workers’ compensation insurance in accordance with the provisions of the Workers’ Compensation and Injury Management Act 1981 (WA), including cover for common law liability for an amount of not less than $50 million for any one occurrence in respect of workers of the Hirer,

and will whenever requested by the Minister produce to the Minister the policy or policies for such insurance and the certificates of currency for such insurance.

14. Indemnity

To the extent permitted by law, the Minister and the State and their respective officers, employees, agents and contractors (at any tier) (together the "indemnified parties") shall not be liable for, and the Hirer releases and indemnifies the indemnified parties from and against any and all Loss which the indemnified parties may suffer or incur whether directly or indirectly, arising from or in connection with:

any act or omission of the Hirer or the Hirer’s Agents including any negligence, unlawful conduct or wilful misconduct, in connection with the Facility Hire;
the use of, presence on, or occupation of, the Facility and DMJC by the Hirer or the Hirer’s Agents;
any damage to, or loss of, property, or injury, illness, or death arising out of any act or omission of the Hirer or the Hirer’s Agents or the use of, presence on, or occupation of the Facility or DMJC by the Hirer or the Hirer's Agents; or
any breach of the terms of this Agreement by the Hirer or the Hirer’s Agents.

15. Damage

The Hirer must not, and must ensure the Hirer's Agents do not, cause any loss or damage to the Facility (either directly or indirectly) or any part of the DMJC or property at the DMJC.
Should damage occur, the Hirer is required to report any damage immediately in writing to the Minister.
The Hirer is required to pay the cost of repairing any loss or damage (fair wear and tear excepted) that is caused to the Facility or any part of the DMJC, and any of the Minister’s or any other person's property that is located in the DMJC, caused by the Hirer or the Hirer’s Agents arising out of the Facility Hire.

16. Assignment

The Hirer must not sell, transfer, assign, novate, charge or otherwise subcontract, dispose of or deal with its rights or obligations under the Agreement without the prior written consent of the Minister.
The Minister may, at any time, assign any or all of its rights, benefits and interests under this Agreement to any person.

17. Notices

A notice under this Agreement must be in writing and delivered by hand to the representative of the party or electronically via email.
A notice is deemed received when received in person by the representative or via email in accordance Electronic Transactions Act 2011.
The Minster and Hirer's representative and email address are those listed in the Special Conditions or as otherwise notified in accordance with this clause.

18. Termination

Without limiting the Minister's other rights under this Agreement or at law, if the Hirer or the Hirer's Agents fail to comply with this Agreement, the Minister may, at its discretion and without liability to the Hirer or the Hirer's Agents:
1. terminate this Agreement;
2. cancel the Hirer's use of the Facility for any or all Bookings; and
3. close or stop the Activity at the Facility.
If for any reason beyond the Hirer’s control (including without limitation any malfunction, fault or failure of plant or equipment or disruption in supply of power, water or services) the Hirer is unable to perform all or any of its obligations under this Agreement, the Minister may terminate this Agreement without liability (in negligence or howsoever) to the Hirer.
The Minister may cancel the Hirer’s use of the Facility for any or all Bookings, cancel a Booking or evacuate the Facility without liability (in negligence or howsoever) to the Hirer or any other person if, in the absolute discretion of the Minister, such cancellation or evacuation is required in order to ensure the safety of persons or property.

19. Special Conditions

The Hirer agrees to comply with the Special Conditions. Where there is an inconsistency between the Special Conditions and the General Conditions, the Special Conditions will prevail to the extent of the inconsistency.

20. Confidentiality

The Hirer acknowledges that this Agreement and information held or compiled by the Minister in relation to this Agreement:

is subject to the Freedom of Information Act 1992; and
may be disclosed by the Minister or the State in response to a request made under section 275 of the Personal Property Securities Act 2009 (Cth), to any Minister or the Parliament of Western Australia, to the Western Australian Auditor General or otherwise as required by law or to satisfy the requirements of parliamentary accountability or any other reporting or recognised public obligations of the State.

21. Miscellaneous

The Hirer acknowledges that it has not relied on any promise, representation, warranty or undertaking given by or on behalf of the Minister in respect of the suitability of the Facility or the DMJC.
This Agreement is governed by the laws of the State of Western Australia.
Any person accepting the Offer on behalf of the Hirer personally warrants that they have full and valid authority to do so.
Any modification, amendment or other variation to this Agreement must be made in writing duly executed by both parties.

Last updated: 1-Mar-2019

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