External Supervisor Agreement

RMIT will provide you with certain access to RMIT resources, which may include staff, students or other personnel, data or information (including Confidential Information), research or IP, workspaces, offices, laboratories, property, equipment facilities, buildings, systems or tools (Resources) on the condition that you comply with the terms of this Agreement, including your participation in the Activities for the Purpose. This Agreement begins on the Start Date and continues until the End Date (Term), unless extended in writing or ended earlier in accordance with its terms.  By providing your details to RMIT, including your email address, and clicking Submit on the relevant form, you agree that you are deemed to have agreed to the terms of this External Supervisor Agreement, and that your provision of your email address and personal information is sufficient connection to demonstrate your identity and agreement.

2.1.   In the course of the Activities, or in your use of or access to the Resources, you may come to know or be provided with Confidential Information. This may include research or information which is the subject of a student thesis. IP in any such Confidential Information remains owned by RMIT. Subject to any disclosures required by law, you must:

a.   keep the Confidential Information secret and not disclose, or cause or permit the disclosure of, any Confidential Information to any person, except as permitted by this Agreement or with RMIT’s prior written consent;

b.   not use, or allow the use of; or reproduce or record, or allow the reproduction or recording of, the Confidential Information for any purpose, other than to the extent strictly necessary to fulfil the Purpose;  

c.    maintain proper and secure custody of the Confidential Information and keep it protected from any use, disclosure or access inconsistent with this Agreement and do all things necessary, prudent or desirable to safeguard the confidentiality of the Confidential Information;

d.   not make, permit, solicit or assist any other person to make, any announcement, public statement, press release or any other communication or disclosure concerning the Purpose or any Confidential Information without RMIT's prior written consent; and

e.   comply with RMIT's reasonable directions in relation to the Confidential Information.

2.2.   The obligations of confidentiality in this clause 2 continue beyond the end of this Agreement, so long as the Confidential Information remains confidential in nature. Except as required by law, or otherwise allowed by RMIT in writing, at RMIT’s option and instruction, and at the end of this Agreement, you must return or destroy all Confidential Information in your possession, custody or control. Your return or destruction of Confidential Information does not relieve you from any other obligations under this Agreement, or the ongoing obligation of confidentiality.  

2.3.   Where you seek to make public disclosure of any information regarding the Activity or this Agreement, you must refer to RMIT in accordance with our requirements, including any attribution or description of the use or access of our Resources.

You agree and undertake that you will, to the extent relevant to the Activities:  

3.1.    comply with the RMIT Policies as set out on our website from time to time (including at https://policies.rmit.edu.au/), and any other policies, instructions or manuals we refer you to (Policies). These include Policies regarding health and safety, conduct and behaviour, privacy, security and cyber security, and the acceptable use of our IT systems and facilities. We owe duties of care to our staff and students, and the broader RMIT community. You must not do or omit to do anything which would put RMIT at risk of not being able to fulfil those duties of care or comply with our Policies; and you must not do or cause to be done, or omit to do any thing which is likely to endanger the safety or condition of the Resources;

3.2.   comply with specific Resource procedures, or safety instructions provided by RMIT, and not cause or contribute to any loss or damage to any Resources, or remove any Resources without RMIT authorization, or do anything which adversely affects the safety or security of our Resources;

3.3.   only use or access the Resources for the Purpose. You must not use or access the Resources for any other purpose. You may not permit any other person to use or access the Resources on your behalf;

3.4.   comply with all applicable laws, and not do or omit to do anything which may put us at risk of being in breach of any laws or any relevant third-party contracts or agreements (including software or database user licence access agreements);  

3.5.   apply for, obtain or otherwise complete any required approvals, licences, immunisations, police checks, working with children checks or registrations if they are necessary for the Activity or reasonably required by RMIT, in accordance with the required timelines, which may be prior to starting the Activity; and you must inform RMIT if there is any relevant change in the status of these licences, registrations or approvals (including the police check) during the relevant period of validity;

3.6.   immediately report to us any safety issues that arise, or any loss, damage or injury to property or person, that occurs in connection with this Agreement or the Activities. You must take any remedial or preventative action reasonably required by us, in response;  

3.7.   not do anything which is likely to harm our reputation or bring us into disrepute; and

3.8.   notify us of any actual, potential or perceived conflict of interest, and work with us to manage or mitigate such conflict in accordance with our Policies.

Nothing in this Agreement creates an employment, partnership, joint venture or agency relationship between you and RMIT. Although you may work closely with RMIT personnel on RMIT premises and be allowed access to Resources the same as RMIT staff and students (eg an @rmit.edu.au address), this is only to facilitate the efficiency and efficacy of the Activities and the Purpose. Access to these does not mean the relationship is anything other than independent contracting parties under this Agreement. RMIT has no responsibility for any costs under relevant workplace, industrial relations and occupational health and safety legislation relating to payroll tax; remuneration, salary or wages; or any workers’ compensation insurance premiums; superannuation or employment-related entitlements, including annual, personal or long service leave; public holidays; termination notice; redundancy payments; or any similar benefit under any law, award or industrial agreement. This Agreement does not create any tenancy or any other estate or interest in or over land or any area accessed by you, nor any right of exclusive access or occupancy of the Resources. You will not use the name or trade marks of RMIT, or hold yourself out as an employee, personnel or representative of RMIT, without express written instructions from RMIT on the terms on which you may do so.

Intellectual property: You (or your employer or responsible institution) owns all intellectual property in anything you created prior to your participation in the Activities. Ownership of student and RMIT intellectual property is in accordance with RMIT’s Intellectual Property Policy.

Benefit: RMIT receives and hold the benefits of this Agreement for itself and on behalf of its affiliates, related bodies corporate, holding and subsidiary entities and those entities related through control or which are under common control, as defined under the Corporations Act 2001 (Cth).  

Governing Law: This Agreement is governed by and interpreted in accordance with the Laws of Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.

Waiver: Failure to enforce a term of this Agreement is not a waiver of that term, or the right to later enforce it.  

Limitation: Notwithstanding any other part of this Agreement, nothing limits or excludes liability that cannot be excluded or limited by law.

Further steps: Each party will do all things and execute all documents to give full effect to this Agreement, including regarding the assignment or licence of any IP.

Variation: This Agreement may only be varied in writing and signed by both parties. This Agreement is the entire agreement between the parties about its subject matter. No verbal or external information affects its meaning or interpretation.

Privacy: You acknowledge and agree that your personal information is held and used in accordance with RMIT’s privacy policy.

Ending this Agreement: Either party may end this Agreement immediately by providing notice to the email addresses in the Details. At or before the end of this Agreement you must return all property of RMIT, including any security or access passes.  

Access: Your access to any Resources may be on a shared basis, dependent on their availability, or otherwise at the discretion of RMIT. We may need to suspend or limit access from time to time in our discretion, including for maintenance, audit, inspection, or to respond to a safety or compliance issue. We are not liable to you if we limit your access to the Resources.

Confidential Information includes all information which, by its nature is confidential, or which is designated by RMIT to be confidential, or which you know or ought to know is confidential, including personally identifying information or IP;  all information relating to RMIT’s business or financial affairs, transactions, accounts, projects, investigations, financing or management, staff or student or industry or government collaborative research and development, unpatented inventions, trade secrets, formulae, know-how and pre-existing knowledge, drawings, works, improvements, concepts, ideas, designs, biological materials, chemical compounds and formulae, samples and other materials of whatever description or form; and, any other information the disclosure of which may be detrimental to RMIT’s interests, but not including information in the public domain (other than through any breach of confidentiality).