Terms and conditions
These Terms and Conditions apply to Submissions submitted through the Housing Opportunities Portal administered by the State of Queensland, acting through the Department of Housing.
In these Terms and Conditions:
Confidential Information means all information, trade secrets and knowledge of/or disclosed by or on behalf of the Department or the Submitter (“Discloser”) to the other party (“Recipient”) in connection with the Housing Opportunities Portal or created using that information which is designated or marked by the Discloser as confidential; but does not include information which:
- is or becomes public knowledge other than by breach of a confidentiality obligation; or
- the Recipient can demonstrate was already in its possession or was independently developed by the Recipient;
- the Recipient receives from another person on a non-confidential basis.
Department means the State of Queensland, acting through the Department of Housing,
Personal Information has the same meaning as in the Information Privacy Act 2009 (Qld).
Submission means a submission to the Housing Opportunities Portal and includes any and all other supporting or additional information in whatever form provided by the Submitter to the Department in connection with its Submission.
Submitter means a person or entity who submits a Submission to the Housing Opportunities Portal.
Terms and Conditions means these terms and conditions, as amended from time to time.
2. Department’s discretion
The Department may administer the Housing Opportunities Portal, undertake the assessment and consideration of Submissions and engage with Submitters in any manner it sees fit, including, without limiting the foregoing:
(a) open, close, suspend or change the Housing Opportunities Portal or Submission process;
(b) amend the terms of participation including the Terms and Conditions;
(c) consider in whole or in part any Submission at any time;
(d) reject, in whole or part any Submission;
(e) determine not to provide funding, remuneration or any benefit for the Submission;
(f) determine any criteria against which a Submission may be assessed and adopt different approaches to assessing different Submissions;
(g) engage with any Submitter in any manner in connection with its Submission, without providing the same opportunity for other Submitters;
(h) give preference to any Submission and invite a Submitter to refine or further develop its Submission for further consideration by the Department (but is under no obligation to do so);
(i) require additional information from any Submitter including information to support any claims or assumptions contained in a Submission (but is under no obligation to do so);
(j) make enquiries of any person, company or organisation to ascertain the suitability of the Submission and the Submitter and do so without advising the Submitter;
(k) make further enquiries, undertake due diligence, and take into account information from other sources (including other government agencies and advisors) in determining whether to assess, refer or progress consideration of a Submission, without advising the Submitter;
(l) negotiate on any aspect of a Submission and/or allow a Submitter to vary its Submission before identifying whether to accept , further evaluate or reject the Submission;
(m) require Submitters to agree to additional terms and conditions as a condition to further engagement with the Department or another government agency in connection with a Submission; and
(n) for any reason and at any time, elect not to further consider a Submission or engage with a Submitter about its Submission;
(o) waive any requirement or obligation under these Terms and Conditions, without prejudicing, varying or limiting any other requirement, obligation or rights; and
(p) take any other action in relation to a Submission.
To the fullest extent permitted by law, a Submitter has no claim against the Department arising out of the Department’s exercise, or failure to exercise, any rights or discretions under these Terms and Conditions.
3. Submission information
Submission material becomes the property of the Department and will not be returned to the Submitter.
Any intellectual property rights that may exist in a Submission remain the property of the Submitter or the rightful owner of those intellectual property rights.
The Submitter grants the Department a non-exclusive, fully paid up and royalty free, perpetual, irrevocable, transferable, sublicensable licence to exercise all intellectual property rights in a Submission for any government purpose including:
(a) the assessment, referral and further consideration of Submissions;
(b) the further development and implementation of an idea comprised in a Submission by the Department or another government agency; and
(c) the development and implementation of any other programs, initiatives or processes conducted by the Department or other government agencies, including without limitation, a competitive tender or market sounding process.
4. Submitter responsible for own costs
A Submitter is responsible for all of its own costs in connection with a Submission.
To the extent permitted by law, no Submitter will have a claim of any kind whatsoever against the Department arising from or in connection with any costs, losses, expenses or liabilities whether directly or indirectly suffered or incurred by the Submitter in connection with its Submission or otherwise in connection with the Housing Opportunities Portal including, without limitation, any costs, losses or expenses associated with preparing or further developing its Submission, engaging with the Department (or other government agencies), or any decision by the Department not to progress, or to discontinue consideration of, a Submission.
5. No legal relationship
The Department has no obligations to Submitters other than those expressly stated in these Terms and Conditions.
Receiving, assessing, or engaging with a Submitter about a Submission does not create any commitment on the part of the Department that the Submission or any part of it will be progressed for further consideration or implemented, or that the Submitter will receive any funding, remuneration or other benefit from the Department.
Submitters must not engage in conduct or make any representations to any person that the Submitter is an agent, partner or joint-venturer with the Queensland Government or that the Queensland Government has a role in any project proposed by a Submitter.
A binding agreement will only be formed if it is agreed and signed by the parties to it.
6. Confidential information
(a) Submitters must keep confidential:
- any information identified by the Department as confidential information; and
- any dealings with the Department or other government agencies in connection with its Submission, but may disclose such information to its advisors who are under an obligation of confidentiality or if required by law.
(b) The Department will keep confidential any information forming part of a Submission which is identified by the Submitter as confidential information but may disclose such confidential information:
- in connection with assessing, referring or further considering any Submission;
- to its advisors, consultants and contractors;
- with the Submitter’s consent;
- the Queensland Government, , its Ministers, Parliament, any of its statutory bodies, agencies or Government owned corporations, or any of their representative officers, employees, advisers, contractors or agents; or
- as required by law.
7. Submitter acknowledgements
By making a Submission, the Submitter:
(a) acknowledges that submitting a Submission does not guarantee that the Submission will be implemented or that the Submitter will be entitled to received funding or any other benefit;
(b) acknowledges and agrees that any decision to assess, refer or progress further consideration of a Submission will be at the Department’s sole discretion;
(c) acknowledges that the Department may:
- develop the Submission further;
- may use the Submission for another purpose of the Department, including commercial purposes; or
- disclose the Submission to a third party, including for the purposes of enabling the third party to further develop or commercialise the Submission;
save that where the Submitter has identified the Submission as one that includes Confidential Information, the Department will first seek the consent of the Submitter under clause 6.
(d) acknowledges that the Department, its officers, employees, assessment panel members, agents and sub-contractors may use and disclose any of the information provided with the Submission, including Personal Information, to Queensland Government departments or agencies, Queensland Government bodies, non-government organisations and Commonwealth, state or territory governments for any purpose in connection with the administration of the Housing Opportunities Portal.
(e) warrants to the State that its Submission is accurate and complete, and is not by omission, misleading and that it will advise the Department of any change which may cause any information in a Submission to become inaccurate, incomplete or misleading in any material respect;
(f) warrants that it has made its own assessment about all matters relevant to making a Submission and will make its own assessment as to the accuracy, reliability or completeness of any information provided to it by Department;
(g) warrants that it owns or has rights to use and license to the Department, any and all intellectual property rights in its Submission, and the use by the Department of the Submission or the intellectual property rights in it, as contemplated in these Terms and Conditions, will not infringe the rights of any third party or any law;
(h) warrants that before disclosing the Personal Information of any individual in its Submission, it has obtained the individual’s consent;
(i) acknowledges that information in the possession and control of the Department is subject to the Right to Information Act 2009 and the Right to Information Act 2009 provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies, subject to the exemptions under that Act, and that information provided to the Department by a Submitter is potentially subject to disclosure to third parties;
(j) acknowledges that applications under the Right to Information Act 2009 for access to the Housing Opportunities Portal, including those ideas marked as confidential, will be determined in accordance with that Act;
(k) warrants that where the Submitter makes a Submission on behalf of a group, it is authorised by each member of the group to accept these Terms and Conditions and make the Submission; and
(i) is taken to have accepted these Terms and Conditions.
8. Privacy statement
The Department may collect Personal Information in the course of and for the purposes of administering the Housing Opportunities Portal and dealing with Submissions in the manner contemplated by these Terms and Conditions and the Housing Opportunities Portal website (including assessing and referring any Submissions).
The Department, its officers, employees, assessment panel members, agents and subcontractors may use and disclose any of the information provided with the Submission to Queensland Government departments or agencies, its Ministers, Parliament, Queensland Government bodies, non-government organisations and Commonwealth, state or territory governments for any purpose in connection with the administration of the Housing Opportunities Portal.
Personal Information may also be disclosed to third parties where required for purposes associated with undertaking assessment of Submissions, including due diligence enquiries. Personal Information will otherwise be dealt with in accordance with the Information Privacy Act 2009 (Qld).
© State of Queensland, the Department of Housing, August 2023
Translating and interpreting service
If you have difficulty understanding a document and need an interpreter, we provide access to a translating and interpreting service. You will not be charged for this service. To contact the Translating and Interpreting Service, telephone 131 450 and ask them to telephone the Department of Housing on +61 7 3328 4811.
While every care has been taken in preparing this publication, to the extent permitted by law, the State of Queensland accepts no responsibility and disclaims all liability (including without limitation, liability in negligence) for all expenses, losses (including direct and indirect loss), damages and costs incurred as a result of decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing.
Any references to legislation are not an interpretation of the law. They are to be used as a guide only. The information in this publication is general and does not take into account individual circumstances or situations. Where appropriate, independent legal advice should be sought.
Copies of this publication are available on our website at www.housing.qld.gov.au and further copies are available upon request.
13 QGOV (13 74 68)