Page 312 | Statement 9: Statement of Risks
Facilities, garrison, transferee arrivals and reception, and health services in the
Republic of Nauru – liability limit
The Department of Home Affairs entered into two contracts for the provision of services
and facilities in the Republic of Nauru in relation to regional processing arrangements with
the following entities:
• Management & Training Corporation Pty Ltd (MTC), which commenced on
1 October 2022, for the provision of facilities, garrison and transferee arrival and
reception services. The contract includes a provision that limits MTC’s liability to the
Commonwealth to a maximum of $200 million in aggregate for the term of the contract.
The limitation of liability does not apply to loss arising from claims in relation to death
or bodily injury, disease or illness of any person caused by MTC’s breach of contract,
negligent act or omission, wilful default, or breach of law. The limitation of liability also
does not apply to loss arising from: criminal acts, malicious damage or wilful default of
the service provider or its subcontractors; statutory penalties; breach of privacy
legislation; breach of confidentiality; third party claims in relation to infringement of
intellectual property rights; or claims brought by third parties to the extent they are
caused by the breach of contract, wilful default, or negligence of the service provider.
• International Health and Medical Services Pty Ltd (IHMS), which commenced on
13 August 2022, for the provision of health services in the Republic of Nauru. The
contract includes a provision that limits IHMS’ liability to the Commonwealth with an
indemnity limit of no less than $45 million in respect of each and every occurrence, and
in respect of product liability only, and in the aggregate for all occurrences arising
during any one 12-month policy period. The limitation of liability does not apply to loss
arising from claims in relation to death or bodily injury, disease or illness (including
mental health) of any person caused by IHMS’ breach of contract, negligent act or
omission, wilful default, or breach of law. The limitation of liability also does not apply
to loss arising from: criminal acts, malicious damage or wilful default of the service
provider or its subcontractors; statutory penalties; liability that cannot be excluded at
law; breach of privacy legislation; breach of confidentiality; third party claims in
relation to infringement of Intellectual Property Rights; or claims brought by third
parties to the extent they are caused by the breach of contract, wilful default, or
negligence of the service provider.
Immigration detention services by state and territory governments – liability limit
The Department of Home Affairs has negotiated arrangements with some state and
territory governments for the provision of various services (including health, corrective and
policing services) to immigration detention facilities and people in immigration detention.
Some jurisdictions sought indemnification by the Australian Government for the provision
of these services. These agreements, listed below, provide unquantifiable indemnities
relating to any damage or loss incurred by state and territory governments arising out of,
or incidental to, the provision of services under these agreements.