Pensieve Labs

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Jurisdiction | AU

Australia

All markets
Privacy Act 1988 and the Australian Privacy Principles, My Health Record, TGA software-as-a-medical-device boundary, Essential Eight and data residency.

What the review turns on

Regulatory themes in this market

Privacy Act
The Privacy Act 1988 (Cth), with the notifiable data breaches scheme and the separate My Health Records regime where that applies.
APPs
The thirteen Australian Privacy Principles, mapped clause by clause in the Australian data processing agreement rather than asserted in a sentence.
My Health Record
A separate statutory regime with its own penalties. Where a facility participates, the obligations attach to the facility.
TGA
The clinical safety boundary: whether the software is a medical device under the Therapeutic Goods Act 1989 and the Excluded Goods Determination. Pensieve publishes its position rather than leaving it to be assumed.
Essential Eight
The ACSC maturity model an Australian security reviewer will ask about by name. Pensieve maps to it and states its level; it holds no assessment against it.
IRAP
Not pursued, and the reason is published: IRAP is an Australian government credential and Pensieve sells to private hospitals.

Bound values

What Pensieve’s paper resolves to in Australia

These are not descriptions of the contract. They are the values the contract binds to when it is rendered for this market, taken from the same token registry the documents themselves read from, so a clause and this table cannot disagree.

FieldValueWhy it matters
Governing lawthe laws of New South Wales, AustraliaThe law the master agreement is construed under.
Courtsthe courts of New South WalesWhere a matter goes if arbitration is not used or is set aside.
Arbitration seatSydney, AustraliaThe legal seat, which fixes the supervisory court.
Arbitration rulesthe ACICA Arbitration RulesThe procedural rules the reference runs under.
Data protection lawthe Privacy Act 1988 (Cth) and the Australian Privacy PrinciplesThe statute the processing agreement is written against.
Regulatorthe Office of the Australian Information CommissionerWho the hospital, as controller or fiduciary, reports to.
Breach notification72 hoursThe controller's statutory clock. Pensieve notifies the hospital inside 4 hours of its own awareness, in every market.
CurrencyAUDThe currency the order form and every invoice are denominated in.
TaxGSTThe indirect tax that appears on the invoice.
Standard rate10%Applied unless an exemption or reverse charge is evidenced.
Invoice formatAustralian tax invoiceThe format the hospital's accounts payable system will accept.
Document languageen-AUThe language documents are issued in for this market.
Stamp dutyNot applicableWhether execution attracts duty, which, where it does, sits directly on the critical path to cash.

6 artefacts | jurisdiction AU

Written for Australia, not translated into it

8 further artefacts are internal to Pensieve and not listed. The count is published rather than the existence concealed.

Open these in the register, with facets

74 artefacts | jurisdiction GL

The global set, which applies in Australia too

Most of the register carries no jurisdiction because it carries all of them: how the platform is built, how it is defended, how data leaves at the end. Every market page sits on top of these. The eight below are the ones a hospital’s reviewers open first.

Open the whole global setWhat Pensieve holds, and what it does notWhich deployment model suits this market