We understand the need for confidentiality and ensure it is at the forefront of all we do.
When an investigator is engaged by a new client, one of the first things we do is enter in to a non-disclosure agreement with the client. A standard agreement can be found below, however, the pertinent points of this agreement are:
Any information provided by the client will not be discussed with anybody outside Territory Investigations, unless:
This disclosure is required by law (ie: subpoena, warrant, etc), in which case we will work with the client and/or their legal representative to ensure that confidentiality is provided as much as reasonably possible while adhering to the disclosure requirement. Or;
Disclosure is requested by the client (ie: to their legal representative, as part of an interview, etc.)
All case files, emails, notes, etc. are stored in a secure manner.
All documents and relevant correspondence will be retained by Territory Investigations for the period required by law and then destroyed.
This agreement may be varied as required by the client.
Standard Non-Disclosure Agreement
1 For the purposes of this section, where a Party is disclosing its Confidential Information to the other Party, it will be a "Discloser" and where a Party is receiving Confidential Information from a Discloser, it will be a "Recipient".
2 The consideration for each party entering into this Agreement is the provision of Confidential Information by the other party. Each party acknowledges that this is valuable consideration.
3 The Recipient must keep all Confidential Information in strict confidence and use it solely for the Purpose. The Recipient must ensure that only its officers with a need to know the Confidential Information for the Purpose have access to the Confidential Information. The Recipient must ensure that all such officers who have access to the Confidential Information keep the Confidential Information in strict confidence.
4 It is not a breach of this Agreement for the Recipient to disclose Confidential Information which it is obliged to disclose by law or court order. If the Recipient is required or anticipates that it may be required to do so, it must immediately notify the Discloser and use reasonable endeavours to delay and withhold disclosure until the Discloser has had a reasonable opportunity to oppose disclosure by lawful means.
5 The Recipient must destroy or return to the Discloser all of the Discloser's Confidential Information immediately upon request by the Discloser.
6 The Discloser does not make any representation or warranty that the Confidential Information does not infringe the rights of another person or as to the accuracy of the Confidential Information. Neither party is liable to the other for any infringement or inaccuracy in the Confidential Information.
7 Each Party acknowledges that, in addition, to any other remedy that may be available in law or equity, the other Party is entitled to interim, interlocutory and permanent injunctions to prevent breach of this Agreement and to ensure specific performance of the Agreement.
8 The laws of The Australian Capital Territory govern this Agreement.
"Confidential Information" means this Agreement (including the existence of this Agreement, the Purpose (including the existence of the Purpose) and all information concerning the Discloser or which is the property of the Discloser and which is disclosed in writing, orally or by any other means to the Recipient or its representatives.