Data Collaboration Agreement

Data Collaboration Agreement - Additional Information

Items:

• PENCS Required Terms and Conditions - Schedule 1
• Data Collection Schedule
• Essential Partners Organisation List
• Organisations with Active Data Sharing Agreements
• Data Analysis Tools – Register of Data Analysis Tools

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PENCS Required Terms and Conditions - Schedule 1

 PenCS Terms and Conditions:

1. The Practice acknowledges that all Intellectual Property Rights in the Software throughout the world belong to PCS, that rights in the Software are licensed (not sold) to the Practice, and that the Practice has no rights in, or to, the Software other than the right to use them in accordance with the terms of the Practice Agreement.
2. The Practice acknowledges that it has no right to have access to the Software in source code form.
3. The Practice acknowledges that the integrity of the Software is protected by technical protection measures (TPMs) so that the Intellectual Property Rights, including copyright, in the Software are not misappropriated. The Practice must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or have in its possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
4. The Practice is granted a non-exclusive, non-transferable licence to use the Software and the Documentation for its own internal business only, for a period commencing upon the Practice’s execution of the Practice Agreement and expiring on 30 June 2022 (Licence Period). The Practice Agreement shall terminate immediately upon expiry of the Licence Period. The Practice must not use, and must ensure that the Software and Documentation are not used, other than as expressly permitted by the licence granted pursuant to this paragraph 4.
5. The Practice must not permit any person or entity to use the Software (whether by way of sub-licence or otherwise) other than an employee or subcontractor of the Practice in the course of the employee or subcontractor carrying out medical, nursing, administrative, secretarial, or receptionist services for the exclusive benefit of the Practice.
6. The Practice must not permit any person or entity to use the Software who is in the business of supplying software competitive with the Software.
7. The Practice is responsible for all acts and omissions of its employees and subcontractors and any act or omission of an employee or subcontractor of the Practice shall, as between the Practice and PCS, and as between the Practice and the PHN, constitute an act or omission of the Practice.
8. Except with respect to any Non-Excludable Guarantees under the Australian Consumer Law or for any proven gross negligence or wilful misconduct, the Practice agrees that PCS is not responsible for any non-performance, failure or other aspect of the Software or Documentation;
9. The Practice must not transfer, assign, charge or otherwise dispose of its rights or obligations under the Practice Agreement. Any purported assignment in breach of this clause is void.
10. The Practice must not make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs (except as may be expressly permitted by the Copyright Act 1968 (Cth));
11. The Practice must use reasonable endeavours to ensure that PCS is able to remotely access the Practice’s computer systems for the purposes of providing Installation Services, Training Services and Support Services.
12. The Practice agrees and acknowledges that PCS is not responsible for the security of any Practice Data. The Practice must ensure that the relevant data files for the Software installed on the Practice’s computer systems are stored in a secure manner so as to prevent unauthorised access and use of Practice Data.
13. The Practice must comply with the Privacy Act 1988 (Cth) and all other applicable Privacy Laws including with respect to the use, possession, disclosure and processing of Practice Data.
14. The Practice must replace the current version of the Software with any updated or upgraded version or new release that the PHN or PCS provides to the Practice within 14 days of the Practice’s receipt of such version or release;
15. The Practice agrees that the Software and the reports and other information provided by the Software is of a general nature only and does not constitute medical advice or medical opinions of any kind The Practice must independently verify the correctness of the reports and other information provided by the Software before relying thereupon in any respect or providing any advice or services based on such reports or information. The Practice agrees that PCS does not provide medical services or medical opinions of any kind and that any medical or related services provided by the Practice to any medical patient are provided by the Practice alone and that PCS is not a party to any agreement for the provision of services to any medical patient and is not responsible for the performance of any such agreement.
16. The Practice agrees that in so far as the Practice Agreement provides rights to PCS, the Practice Agreement is entered into by the PHN in trust for PCS and that those rights and the rights of the PHN under the Practice Agreement are enforceable by PCS.
17. The Practice Agreement terminates immediately if the Practice breaches any irremediable provision of the Practice Agreement or any provision of the Practice Agreement capable of remedy and fails to remedy the breach within 14 days of notice requiring it to remedy the breach, if the Practice breaches PCS’s Intellectual Property Rights, or if the Practice suffers an Insolvency Event.
18. The Practice may at any time terminate this Practice Agreement by giving the PHN 30 days prior written notice.
19. The Practice Agreement is subject to and shall be construed in accordance with the laws in force in New South Wales.
    

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Data Collection Schedule

Last updated: November 2022

Program	Practice Data Collection/ Reporting Frequency
Primary Health Service Reports	Monthly 20thof the month
Practice Incentive Payment- Quality Improvement (PIP-QI)	Quarterly 15 January 15 April 15 July 15 October
Australian Institute of Health and Welfare	Quarterly 15 January 15 April 15 July 15 October
Primary Health Service information	Adhoc survey and information update requests  Primary Health Service Profiles
Education and event registration	As required by event registration

 

Essential Partners Organisation List

Last updated: November 2022

Organisation Type	Organisations	Type of Collaboration
Relevant Australian Commonwealth Government Departments	Australian Department of Health and Aged Care Australian Digital Health Agency Australian Institute of Health and Wellbeing (AIHW)	Reporting for practice enrolled Pracatice Incentive  Programs
Queensland Health	Central West Hospital and Health Service North West Hospital and Health Service South West Hospital and Health Service System Planning Branch - Queensland Health Office of Rural Health Establishment - Queensland Health	Partner provides state datasets (13Health, Emergency Data Collection and other datasets as required) Local Area Needs Assessment (LANA) joint planning System Planning- Planning Portal consultation
PHN councils and service improvement forums	Care Governance Committee Consumer Advisory Council Clinical Chapters Indigenous Health Roundtable Mental Health Roundtable Nukal Murra Health Support Services and Alliance Rhealth RFDSHWQ CheckUp Tripartite (Gidgee Healing, NWHHS & WQPHN) Western Queensland Health Care Homes Mornington Island Health Council Maranoa Accord	Board of Advice Stakeholder consultation on PHN led programs
Research and Evaluation Partners	University of Queensland University of the Sunshine Coast Central Queensland University James Cook University KPMG Consulting Healthy Futures Australia	Ethics approved research activities that align with the WQPHN priorities and strategic direction Program evaluations
Data Linkage Programs	LUMOS (QLD) TBD Western Queensland Healthy Outback Communities TBD	State Government Data Linkage Projects Federal Government Data Linkage Projects PHN Data Linkage Projects

 

Organisations with Active Data Sharing Agreements

Last updated: November 2022

Organisation Name	Date of Execution
Central West Hospital and Health Service	In progress
North West Hospital and Health Service	In progress
South West Hospital and Health Service	In progress

Data Analysis Tools – Register of Data Analysis Tools

Data extraction, transfer, storage, transformation, and analysis tools used by the Primary Health Service, WQPHN and relevant Essential Partner Organisations to deliver WQPHN Services and Activities