Digital learner log book

Driver distraction is a problem on our roads. It’s recommended the supervising driver starts the trip within the app while the learner is safely parked. The phone should be put aside so the supervisor can focus on the learner driver.

Remember: It is illegal to use a hand held mobile phone while driving.

Visit the Road Safety Commission website for more information. 

If you started learning with the paper log book, there are two ways to change over to Learn&Log.

1. Pick up where you left off and complete the rest of your supervised hours in the app. Use the ‘Paper Book’ section to enter the total time signed off in your paper copy. For your practical assessment, bring your paper Learner Log Book including the Declaration of Completion signed by you and a supervising driver.
2. Add up to 10 hours of past trips into the app and continue using the app to record the remaining hours. Details of past trips must be entered into the app including date, time, and day and night hours. The supervising driver will need to sign off each trip. For your practical assessment, you don’t need to bring the Learner Log Book, as you’ve signed and submitted the Declaration of Completion within the app.

The app is easy to use, but if you need some pointers you can view the Learn&Log User Guide or watch the videos below.

The Department of Transport (‘Department’) operates within the Western Australian legal jurisdiction and is bound by the laws of that jurisdiction. The Department recognises the importance of protecting the privacy of personal information.

The Department is bound by the State Records Act 2000 (WA). When you use the Learn&Log App (‘App’) or the DoTDirect website (‘DoTDirect’), you consent to the Department's use of any information provided by you such as your name, driver’s licence number and phone number for the purposes outlined below.

Your email address will only be used for the purpose for which you have provided it and it will not be added to a mailing list or used for any other purpose without your consent.

Where relevant, the Department may record information about your use of the App. This information may include but is not limited to when and how the App is used and the pages accessed.

We will not use or disclose information collected about you other than for a purpose made known to you, a purpose you would reasonably expect, a purpose required, authorised or permitted by or under any law, or a purpose otherwise authorised by you.

Such situations where the Department may need to disclose personal or other information is where the Department has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with the Department’s rights or property, users, or anyone else who could be harmed by such activities. The Department may disclose information when it believes in good faith that the law requires disclosure.

You can request access to the information we have collected from you if you have any concerns about the accuracy or extent of that information.

If you tell us you do not wish to have your personal information used for a particular purpose, we will respect your wishes.

The State Records Act determines when the Department will retain or destroy records of personal and other information.

The Department strives to ensure the security, integrity and privacy of personal and other information. The Department uses a variety of physical and electronic security measures including restricting physical access to the Department’s offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Although the Department makes every reasonable effort to ensure the safety and security of the information you submit to and receive from the App and DoTDirect, the Department cannot guarantee aforementioned safety and security.

Terms and Conditions for Learn&Log App

1. General

(1) The Terms and Conditions set out below, together with the disclaimers, notifications and content in the Learn&Log App™ (the “App”) and any links referred to in this document explains the Terms and Conditions (“Terms”) for use of the App, whether as a learner driver or supervisor.

(2) If you do not accept these Terms, you must refrain from installing or using the App.   

(3) The App is provided by the State of Western Australia acting through the Department of Transport (ABN 27 285 643 255) for use by Western Australian learner drivers to record supervised driving hours in a logbook in accordance with the Road Traffic (Authorisation to Drive) Regulations 2014.

2. Interpretation

In these terms:

(a) “us”, “our”, “we”, “the Department” or “the State” means the State of Western Australia, acting through the Department of Transport;

(b) “you” “your(s)” and “user” means anyone including the learner driver and supervisor who installs, registers for, accesses or uses the App or the website provided by us, including DoTDirect;

(c) “the Act” means the Road Traffic (Authorisation to Drive) Act 2008 (WA);

(d) “App” means the Learn&Log AppTM including the associated technology, system, database and data storage arrangements;

(e) “App account” is an electronic account which is part of the App and is created by a learner driver when using the App;

(f) “CEO DoT” means the Chief Executive Officer of the Western Australian Department of Transport;

(g) “data” means all information, including personal information entered by you when using the App and includes, without limitation, journey data and hours, and other information as entered, downloaded and generated by or through the systems associated with the App, including the logbook and reports in any form;

(h) “Declaration of Completion” means a document within the Learner Log Book or an electronic version in the App which is signed by a person holding a learner’s permit to verify that the hours recorded within the logbook as being hours of driving undertaken in the course of instruction by a supervisor are correct; 

(i) a reference to “DoTDirect” means the self-management online system operated by us https://www.transport.wa.gov.au/dotdirect/dotdirect.asp;

(j) “DoTDirect account” is an electronic account which is part of DoTDirect and is created when a person uses DoTDirect;

(k) “learner driver” means a person who holds a learner’s permit as defined in section 3 of the Act;

(l) “Learner Log Book” means a hard copy book as provided by the Department which is a logbook as stated under regulation 16A(2)(b)(ii) of the Regulations as amended from time to time;

(m) “logbook” means a logbook approved by the CEO DOT under regulation 16A(2)(b)(ii) of the Regulations;

(n) “New Trip” means any trip recorded in real time, whether the device on which the App is used was online or offline;

(o) “Past Trip” means any trip that could not be recorded at the time of supervised driving which is subsequently manually entered into the App as a Past Trip;

(p) “Graduated Driver Training and Licensing System” means the requirements set out under regulation 16A of the Regulations as amended from time to time;

(q) “mobile device” means a mobile phone or tablet computer;

(r) “the Regulations” means the Road Traffic (Authorisation to Drive) Regulations 2014 (WA);

(s) “supervisor” means a person who may give driving instruction to a person who holds a learner’s permit which is those persons listed under regulation 43(2) of the Regulations and persons who hold a licence issued under the Motor Vehicle Drivers Instructors Act 1963 (WA);

(t) “trip” means driving undertaken by you under the course of instruction by a supervisor for a specific amount of time that is more than 10 minutes duration;

(u) “Vehicle” means a vehicle as defined in the Road Traffic (Administration) Act 2008 which is used in the course of supervised driving, that may be registered in the name of the supervisor or any other person or organisation;

(v) a reference to the “website” means https://www.transport.wa.gov.au/index.asp;

(w) any other expression in these Terms that is defined in the Act and Regulations has the meaning as stated in those laws;

(x) a reference to any legislation or regulation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them; and

(y) specifying anything after the words ‘includes’ does not limit what else is included unless there is express wording to the contrary.

3. User Agreement – Learner Driver

(1) By installing, registering for or using the App, you acknowledge that you have read and accept these Terms and agree to be bound by them, and a legally binding agreement is formed between us and you (“Agreement”). Your use of the App constitutes your acceptance of these Terms, which takes effect each time you use the App. If you do not agree with these Terms, you must cease using the App and immediately remove the App from your mobile device.

(2) The State reserves the right to amend, modify, add, delete and make corrections to these Terms or by updating the App to incorporate new Terms at any time without notice.  All changes to the Terms are effective from the date they are posted and your continued use of the App will constitute your acceptance of the variation of the Terms. Your access to and use of the App may be terminated at any time without notice.

(3) You agree to and must comply with the terms listed under the heading ‘Legal Information’, which forms part of these Terms, relating to the use of the App, our websites you access through the App and information which you access: https://www.transport.wa.gov.au/aboutus/our-website.asp .

(4) You are responsible for ensuring that all persons, including persons who use the App through your App account, are aware of these Terms, and agree to abide by them.

4. User Agreement – Supervisor

(1) By using the App through the App account of a learner driver, you acknowledge that you have read and accept the Terms and agree to be bound by them, and an agreement is formed between us and you.

(2) The State reserves the right to amend these Terms at any time without notice.  Your continued use of the App following such amendment of these Terms will represent an acknowledgment that you have read the Terms as amended and agree to be bound by them.

(3) You agree to us checking the status of your driver’s licence, and if applicable, your Motor Vehicle Driving Instructor Licence, to determine your eligibility to be a supervisor and notifying the learner driver if you are unauthorised to be a supervisor.

(4) You agree to us checking the validity of your vehicle licence or the vehicle licence of your organisation, and notifying the learner driver if that vehicle licence is invalid.

5. Use of the App

(1) To use the App you must:

(a) be the holder of a valid Western Australian learner’s permit for class C or R-E or be a supervisor;

(b) have the consent and permission of your parent or guardian to use the App if you are under the age of 18 years;

(c) be issued with a Learner Log book or have elected to use the App;  

(d) be required to complete the Graduated Driver Training and Licensing System; and

(e) be registered with DoTDirect and hold an active DoTDirect account.

(2) Your right to use the App is for personal, non-commercial use and may not be transferred or sub-licensed.

(3) To use the App you must have a mobile device with a compatible operating system. We may change mobile device requirements for the App from time to time.

(4) We may not support previous versions of the App and you may be required to update to the latest version to continue using the App.

(5) The App does not support multiple users on a single device. The App should be used on one device per user.

(6) You may use the App to record, enter and update your data, including hours of driving in the course of instruction by a supervisor, your supervisor’s details, vehicle details and to view information and material provided by us associated with the App as stated in these Terms. You may not use the App for any other purpose.

(7) The App records trips using a timer. If 30 seconds or more is recorded, then the time will be rounded up to the nearest minute. If less than 30 seconds is recorded, then the time will be rounded down.

(8) Trips that are not recorded by the App must be manually entered into the App as a Past Trip. You can only manually enter a trip into the App that has occurred within the 3 year period of your current learner’s permit but you cannot manually enter a trip until it has actually occurred and been completed.

(9) All Past Trips recorded in the App must not exceed a total of 10 hours.

(10) Driving conditions must be entered for New Trips. It is optional to enter driving conditions for Past Trips.

(11) Any driving undertaken by you under the course of instruction by a supervisor that is less than 10 minutes in duration will not be accepted as a trip in the App.

(12) We reserve the right to refuse to accept a trip or prevent a New Trip from being recorded if your learner’s permit is invalid.

(13) You may enter details of more than one supervisor and a reference in these Terms to your supervisor refers to all your supervisors.

(14) Each supervisor you drive with must be added to the App, and your supervisor’s personal details and driver’s licence or Motor Vehicle Driving Instructor Licence number which are entered into the App must match the details on their licence. We reserve the right to refuse to accept a trip or prevent a New Trip from being recorded if your supervisor’s details are incorrect, if your supervisor does not hold a valid driver’s licence or Motor Vehicle Driving Instructor Licence, or if your supervisor does not meet experience or licence class requirements to provide instruction.

(15) Each vehicle you drive in must be added to the App and the vehicle plate number which is entered into the App must match the details of the vehicle licence. We reserve the right to refuse to accept a trip or prevent a New Trip from being recorded if the vehicle details are incorrect, or the vehicle licence is invalid.

(16) Internet connection is required to access your App account, to submit the electronic Declaration of Completion, and to submit trips to us for verification. Trips recorded while your mobile device is offline will be held locally on the device, and will not be submitted to us for verification until there is connectivity. You should check the status of your trip once connectivity is restored. Any trips that do not meet our requirements will be refused and will not count towards your total of hours under which you were instructed by a supervisor.

(17) The App will prevent you from accessing your App account after a reasonable period of time and you will need to access your App account again to continue using the App.

(18) Trips recorded and saved in the App can be accessed by installing and logging into the App on another mobile device. Trips recorded while you are offline or during a system outage will not display on another device until connectivity is restored. 

(19) Supervisors cannot hold an App account, but can endorse a trip that has been completed by providing an electronic signature within the App through the learner driver’s App account. If your supervisor does not endorse a trip, the duration of that trip will not count towards your total number of hours under which you have driven under the instruction of a supervisor.

(20) The App allows you to input the total number of day and night time hours recorded in the Learner Log Book to help you track your progress towards completion. If you declare in the App that you have used the Learner Log Book to record trips, and those trips count towards the required quota of 50 hours of driving under the instruction of a supervisor (including 5 hours of night time driving) you must sign the Declaration of Completion in the Learner Log Book and present the entire Learner Log Book to us at the time of your driving test. 

6. Limitations of Use

You must:

(a) use the App in accordance with these Terms;

(b) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the App in any way whatsoever;

(c) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, including hacking into or inserting malicious computer code, including viruses or harmful data, into the App and the data or doing any act to unlawfully delete or otherwise misuse data;

(d) not use the App in any way that could damage, disable, overburden, impair or compromise the App and the data;

(e) comply with all applicable laws and regulations relating to the use of the App or associated with the App including the Act and Regulations;

(f) not enable or permit any other person (other than your supervisors), electronic application or system to access or use your data through the App; and

(g) acknowledge that you have no rights in, or to, the App or technology used or supported by the App, other than the right to use the App in accordance with these Terms.

7. Obligations of User

(1) You are responsible for any use of your App account and DoTDirect account, including the management of passwords.

(2) You must not access or link to, or seek to access or link to, any other person’s App account or DoTDirect account.

(3) You are solely responsible for the contents of data provided. It is an offence under the Road Traffic (Administration) Act 2008 to give information known to be false or misleading.  

(4) You assume all risks associated with use of the App and DoTDirect, including risk of your computer or mobile device, software or data being damaged by any malicious computer software (including but not limited to viruses, worms and trojan horses) which might be transmitted or activated via DoTDirect or the App.

(5) You agree:

(a) that all material, information and other types of data submitted to us will be, to the best of your knowledge, true, accurate and complete;

(b) to provide certain, current, complete, and accurate information about you, your supervisors and vehicles used for trips as prompted to do so by the App;

(c) to keep your DoTDirect account and App account password secure; and

(d) to use the App only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the App by any third party.

8. Suspension or Termination

(1) We reserve the right to do all or any of the following at any time for any reason with or without notice:

(a) terminate, suspend or amend the service we provide on the App and its use;

(b) terminate operating or providing the App or its use; and

(c) terminate this Agreement.

(2) We may also suspend or terminate your use of the App and any service we provide on the App at any time, with or without notice, if you breach the Terms.

(3) At any time you may terminate this agreement by ceasing all use of the App and removing the App from your mobile device/s.

(4) Provisions of the Terms which are expressed or implied to survive termination of this agreement will continue to apply following termination of this Agreement.

9. Intellectual Property Rights

(1) The State is the owner of the App (subject to any third party rights). All intellectual property in the App and information and material published on the App is owned by, or licensed to, the State. You obtain no interest in this intellectual property. All content in the App, including but not limited to all software, design, brand names, text, photographs, videos, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the App or any of its components.

(2) The State is the owner of all data and grants you a non-transferable, non-exclusive, revocable, fee free licence (excluding right of sub-licence) to use, update and download the data only for the purposes permitted under these Terms. This licence will terminate on the termination of this agreement or following any termination as provided under clause 8 of this Agreement.

(3) You agree that the State may use, retain, copy or otherwise deal with the data in connection with the State’s functions, subject to compliance with privacy legislation.

10. Privacy

(1) You acknowledge that information about you, your supervisor and vehicles used for trips, including information provided to us when installing and registering to use the App and the data you enter will be held by the State. You must obtain the consent of your supervisor to use their personal information, including where applicable the details of their vehicle, in accordance with the Terms, prior to recording their details in the App.

(2) Personal information is collected by us for the purpose of providing the App as a logbook under the Regulations to determine if the learner driver has completed 50 hours of driving in the course of instruction by a supervisor (including at least 5 hours of night time driving) as required by the Regulations.

(3) You acknowledge that we are not obliged to use personal information provided by you via the App to update other systems or databases operated by us.  

(4) All personal information collected via the App may be disclosed to relevant third parties such as law enforcement agencies, interstate driver licensing authorities, or to other persons for road safety purposes. The State will not disclose your personal information to any other third party without your consent unless required to or authorised by law.

(5) Personal information will be securely stored by us including through cloud service providers who will encrypt, save and store your personal information in their systems.

(6) By agreeing to these Terms, you consent to the State’s use of your personal information for the purposes of supplying the App.

11. Data

(1) By using the App, you agree:

(a) to be responsible for your own use of the App;

(b) that the data entered by you using the App is true, accurate and complete; and

(c) that the data entered by you using the App does not contain any material which:

(i) is or is likely to be defamatory of or deceive any person;

(ii) is or is likely to be obscene, offensive, hateful or inflammatory;

(ii) promotes sexually explicit or violent material;

(iv) promotes discrimination including based on race, sex, religion, nationality, disability, sexual orientation or age;

(v) is or is likely to be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(vi) promotes any illegal or unlawful activity or advocates, promotes or assists any unlawful act such as (by way of example only) copyright or trade mark infringement or computer misuse;

(vii) threatens, abuses or invades another’s privacy;

(viii) is likely to or does harass, upset, embarrass, alarm, annoy or cause inconvenience or nuisance to any other person;

(ix) impersonates any person, or misrepresents your identity or affiliation with any person; or

(x) is or is likely to bring us into disrepute including as a result of your acts or omissions.

(2) You agree that:

(a) we have no obligation to check, verify or manage the entry of your data when using the App at any time, this is your responsibility;

(b) once you have entered all data and all other requirements in accordance with the Act and Regulations, you may submit your logbook to the CEO DoT for approval;

(c) when your logbook is given to the CEO DoT for approval your logbook becomes the property of the State;

(d) we do not accept your logbook until such time you are issued with a Western Australian driver’s licence; and

(e) if you use this App and you are a new driver’s licence applicant for a vehicle of class C who has reached 25 years of age, you are not required to submit a completed logbook to us for approval.

12. Exclusion of Warranties

(1) No advice or information, whether oral or written, obtained by you from the State shall create any warranty or representation not expressly made herein.

(2) All content and services on or available through the App and DoTDirect are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied, except any which may be implied by statute and are incapable of exclusion, in respect of the App or its content.

(3) To the maximum extent permitted by law, the State excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

(a) any material and/or information (including data) through or in the App or DoTDirect;

(b) the performance, operation, functionality and availability of the App or DoTDirect at any time and for any period;

(c) the loss, damage, corruption or degradation of any data or other material as a result of the use of the App;

(d) the data you enter into the App being available and accessible at any time and for any period;

(e) the suitability of the information accessible for viewing by minors or any other person; and

(f) the data you enter into the App being suitable and sufficient to meet the logbook requirements (including approval by the CEO DoT) under the Act and Regulations.

(4) The State accepts no responsibility for the completeness, reliability or accuracy of any of the information contained on or accessed through the App or DoTDirect and makes no representations or warranties about its suitability for any particular purpose.

13. Exclusion of Liability

(1) To the maximum extent permitted by law, the State excludes all liability to you or anyone else for any loss, injury or damage (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) of any kind (however caused or arising) relating in any way to the App or DoTDirect including, but not limited to, loss, injury or damage you might suffer as a result of:

(a) the use of, reliance on, or action taken as a result of, any information or material in the App and the data, or information contained on or accessed through DoTDirect whether or not caused by any negligence on the part of the Department or its agents;

(b) accessing, displaying and using the App, DoTDirect or data or your inability to access the App or DoTDirect;

(c) any interruption, suspension or termination of the App and access to the data in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;

(d) the unavailability, unsuitability and non-connectivity of third party content;

(e) any unauthorised access to or use of our secure servers;

(f) your failure to keep your password or details for the App account and DoTDirect account secure and confidential; and

(g) any loss, damage, corruption, degradation of or interference with any data or other material as a result of the use of the App, DoTDirect and data including in relation to any malicious computer program (including but not limited to viruses, worms and trojan horses) or other harmful code or communications that may infect your computer or device.

(2) You agree that your access and use of the App, DoTDirect and data is done at your own risk, and the State accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the App, DoTDirect and data.

(3) You must take your own precautions to ensure that the process which you use to obtain access to the App, DoTDirect and data does not expose you to the risk of malicious computer programs (including but not limited to viruses, worms or trojan horses) or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.

(4) The State does not warrant that the App, information and or material (including data) is free from malicious computer software (including but not limited to viruses, worms and trojan horses) or other conditions that could damage or interfere with data, hardware or software. Accordingly, the State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such malicious computer software or defects.

(5) We make downloadable materials (including data) available under the following conditions:

(a) downloadable material within the App (including data) is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect the data, mobile or computer device and software systems and those of any other person; and

(b) you agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material (including data).

(6) You agree that any legal liability on the part of the State will be reduced by the extent, if any, to which you contributed to the loss.

(7) These Terms do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

(8) The exclusion of liability applied to the Terms as set out in this clause 13 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State has been notified of the possibility of such loss or damage.

14. Indemnity

(1) You waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related entities and officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the App, DoTDirect and data, including but not limited to downloading any information and materials (including data) in or from the App or DoTDirect.

(2) You release and indemnify the State, its related entities and officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

(a) any loss or damage or liability for any loss or damage incurred by you;

(b) any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

(i) your use of the App, and data or the use of DoTDirect;

(ii) your use of or reliance on information contained in or accessed through the App and the data or DoTDirect; and

(iii) breach by you of the Terms;

(c) the personal injury, illness or death of any person whether direct, indirect or consequential, arising out of or in connection with the use of the App and data or the use of DoTDirect; and

(d) any unauthorised use or disclosure by you or your agents of personal information (as defined in the Privacy Act 1988 (Cth)) held or controlled in connection with the Terms.

15. Third Party Content

(1) The App may contain links to third party content including mobile applications owned and operated by third parties, who are not under the control of the State. The State does not approve, endorse, recommend or sponsor this linked content, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked content, unless specifically stated.

(2) The State is not responsible for the content of linked content and makes no representation as to the accuracy of any material on these mobile applications.

(3) The State, to the maximum extent possible, excludes liability for any loss suffered as a result of use of linked content, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of that linked content will apply to your use of that linked content.

16. Other Terms

(1) We make no representation, warranty or endorsement of any kind that by using the App you will achieve your 50 hours of driving in the course of instruction by a supervisor, nor that you will automatically satisfy all requirements in respect of a logbook and the requirements of the Act and Regulations. We reserve the right to verify the accuracy of the data provided including that the verification of logbook entries have been properly made by your supervisor.

(2) Interstate licensing authorities apply their own laws and regulations to driver licensing and you are responsible for ensuring that you comply with the relevant laws and regulations. We make no representation, warranty or endorsement of any kind that by using the App the data you provide to interstate licensing authorities will meet their requirements.

(3) Any cost incurred in accessing and using the App or DoTDirect, including internet costs, is your responsibility.

17. Entire Agreement

This Agreement, together with the documents referred to in it, constitutes the entire agreement between you and us relating to the App and the data and supercedes all other agreements between the parties relating to the subject matter.

18. Severability

If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part thereof will be deemed to be severed from these Terms, and the remaining terms and provisions of these Terms will remain in force and constitute the Agreement between you and the State.

19. Waiver

The failure by the State to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any rights or provisions under these Terms will only be effective if it is in writing and signed by us.

20. Conflicting Languages

If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

21. Governing Law

These Terms are governed by and interpreted in accordance with the laws in force in the State of Western Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia.