Governing Policy
DD221
1. Purpose
(1) The purpose of this Governing Policy is to, without limitation:
(a) govern the interpretation of policies; and
(b) make policies shorter, less complex and more consistent in operation.
2. Repeal and Enactment
(1) Governing Policy with a Version Number of less than 1.0 are repealed.
(2) This Governing Policy (Version Number 1.0) is:
(a) a policy; and
(b) enacted.
3. Definitions
(1) Terms that appear in bold are defined within Schedule 1.
4. Interpretation
(1) Words in the singular number include the plural and words in the plural number include the singular.
(2) ‘Includes’ and similar expressions are not words of limitation.
(3) Where a word or expression, including a term that appears in bold and is defined within a Schedule within a policy, is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(4) Unless stated to the contrary, a reference to:
(a) a thing includes any part of that thing; or
(b) a person includes the nominee of that person authorised pursuant to law; or
(c) a policy is a reference to that policy of Dr Deb The Travel Doctor; or
(d) a Section within a policy is a reference to that Section within that policy; or
(e) a Schedule within a policy is a reference to that Schedule within that policy; or
(f) a document includes:
(i) that document as amended, supplemented, varied or replaced, from time to time; or
(ii) any copy, reproduction or duplicate of that document; or
(g) a law or policy includes:
(i) any subordinate law or policy issued under that law or policy; or
(ii) a reference to that law or policy as amended, re-enacted or replaced, from time to time; or
(iii) a law or policy enacted in replacement of that law or policy; or
(iv) a document to which that law or policy is subject.
(5) Within a policy:
(a) section headings; or
(b) a Purpose section;
are for reference purposes only and do not affect the meaning or interpretation of that policy.
5. Commencement
(1) A policy that is enacted shall come into force upon uploading to the website.
6. Conduct of as a Result Repeal and Enactment
(1) If a policy repeals a policy and enacts a policy, including that policy, and conduct as a result of the policy that was repealed is identical to conduct as a result of the policy that is enacted, then for the purposes of that conduct, that policy shall be taken to have not been repealed.
(1) Dr Deb The Travel Doctor shall not contravene a law.
(2) No policy, conduct or worker shall contravene a law.
(3) Notwithstanding Section 7(1) to Section 7(2), if there is an inconsistency between a law of one jurisdiction and a law of another jurisdiction, the law of the jurisdiction where the policy is in force or the conduct occurs shall prevail, and the other law, to the extent of the inconsistency, shall be invalid.
(4) For the avoidance of doubt, Section 7 shall:
(a) prevail if there is an inconsistency between any other Section, or part thereof, of this Governing Policy or any other policy,and the other Section, or part thereof, of this Governing Policy or the other policy, to the extent of the inconsistency, shall be invalid;
(b) apply to all conduct; and
(c) bind:
(i) Dr Deb The Travel Doctor; and
(ii) all workers.
8. Jurisdiction
(1) Any legal action or proceeding brought pursuant to a law in force within the Commonwealth of Australia to which Dr Deb The Travel Doctor is a party shall be construed and interpreted in accordance with the law in force within the city of Brisbane of Queensland of the Commonwealth of Australia.
(2) All parties to any legal action or proceeding brought pursuant to a law in force within the Commonwealth of Australia to which Dr Deb The Travel Doctor is a party irrevocably submit to the exclusive jurisdiction of the judiciary within the city of Brisbane of Queensland of the Commonwealth of Australia and waive the defence of inconvenient forum to the maintenance of any such legal action or proceeding within the city of Brisbane of Queensland of the Commonwealth of Australia.
9. Severability
(1) If a policy, or part thereof, is determined to be illegal, invalid or otherwise unenforceable by reason of a law in force within the jurisdiction in which that policy, or part thereof, is intended to be in force, then to the extent and within the jurisdiction in which that policy, or part thereof, is illegal, invalid or unenforceable, that policy, or part thereof, shall be severed and deleted and all remaining policies, or part thereof, shall continue to be in force.
(2) If any conduct is determined to be illegal, invalid or otherwise unenforceable by reason of a law in force within the jurisdiction in which that conduct is intended to occur, then to the extent and within the jurisdiction in which that conduct is illegal, invalid or unenforceable, that conduct shall be severed and cease and all remaining conduct shall continue to occur.
10. Waiver
(1) Dr Deb The Travel Doctor reserves all powers, privileges, remedies and rights unless explicitly stated to the contrary.
(2) Any failure or delay to exercise any power, privilege, remedy or right by Dr Deb The Travel Doctor shall not operate as a waiver thereof.
(3) Any exercise of any power, privilege, remedy or right by Dr Deb The Travel Doctor shall not preclude any other or further exercise of the same or of any other power, privilege, remedy or right.
(4) Any waiver of any power, privilege, remedy or right by Dr Deb The Travel Doctor shall not be construed as a waiver of that power, privilege, remedy or right with respect to any other occurrence.
Schedule 1
Dictionary
Conduct includes:
(a) an action by a worker; and
(b) the inaction of a worker.
Document means a record of information, and includes:
(a) anything on which there is writing; or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for individuals qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph.
Dr Deb The Travel Doctor means Dr Deb The Travel Doctor Proprietary Limited (Australian Company Number: 071 390 693) trading as Dr Deb The Travel Doctor (Australian Business Number: 76 071 390 693).
Law means a rule regulating an action or an inaction that is prescribed or formally recognised as binding or enforced by a controlling authority through the imposition of penalties, and includes:
(a) an Act; or
(b) a code; or
(c) a decree; or
(d) an edict; or
(e) an ordinance; or
(f) a precedent; or
(g) a proclamation; or
(h) a regulation; or
(i) a statute; or
(j) a tort.
Person means an individual, an association, a body politic, a body corporate, a company, a corporation, a firm, a group, a government department or authority, an organisation, a partnership, a proprietorship, a semi-government department or authority, or a trust.
Policy means:
(a) a document authorised by Dr Deb The Travel Doctor; or
(b) anything referred to by or in a document authorised by Dr Deb The Travel Doctor;
that directs, guides or informs conduct.
The website has the same meaning as in the Website Terms and Conditions.
Worker means an individual who carries out work in any capacity for Dr Deb The Travel Doctor, including work as:
(a) an employee; or
(b) a contractor or subcontractor; or
(c) an employee of a contractor or subcontractor; or
(d) an employee of a labour hire company; or
(e) an outworker; or
(f) an apprentice or trainee; or
(g) a student gaining work experience; or
(h) a volunteer.