1. By completing and submitting the registration form for the HPAT – Ireland 2027 test located at https:// www.hpat-ireland@acer.org You are offering to enter into a legal agreement with The Australian Council for Educational Research Ltd (ABN 19004 398 145) (ACER). That legal agreement is concluded when ACER accepts your registration.

2. That legal agreement will consist of:

  1. the entire contents of this test taker Information Booklet, including its Legal Notice (“the Booklet”);
  2. any instructions issued by ACER from time-to-time regulating test takers’ sitting of the HPAT Ireland - 2027;
  3. the Test Day Instructions issued by ACER engaged personnel; and
  4. the online legal declaration you complete.
    (“the Legal Agreement”)

The Legal Agreement:

  • covers, amongst other things, Your sitting the HPAT Ireland - 2027, payment of the registration fee, refunds of fees, access to HPAT-Ireland preparation materials and release of the HPAT Ireland - 2027 results; and
  • may vary from sitting to sitting of HPAT Ireland - 2026 and, therefore, you should re-familiarise with each part of the Legal Agreement detailed above before each sitting of HPAT Ireland.

3. Before lodging Your Registration, You should make sure You understand fully and are familiar with the contents of the Legal Agreement and the online declaration. Without limiting the foregoing, you acknowledge that misconduct, as defined in this Legal Agreement, has serious consequences including disqualification from undertaking HPAT in the future. “Misconduct” includes, but is not limited to, the use of information relating to the test questions for purposes other than Your sitting of the HPAT; giving false or misleading information at any stage regarding your participation in HPAT; and infringing “ACER” or “HPAT” trademarks, copyright or other intellectual property rights.

4. Further to section 9 of the Bookletr, misconduct also includes:

  1. infringement of the “ACER” or “HPAT-Ireland” trademarks. Trademark infringement includes performing any act which only a trademark owner or a person authorised by the trademark owner may do.
  2. copyright infringement including performing those rights or authorising the performance of those rights which are granted at law exclusively to the copyright owner. These rights include the exclusive right to reproduce the copyright work in a material form and to communicate that work to the public;
  3. in any way breaching any of the terms and conditions of your:
    1. registration to participate in the HPAT-Ireland test; or
    2. purchase of any HPAT-Ireland preparation materials
  4. infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in the HPAT- Ireland test or any part or element of it, including but not limited to the concept, structure, administration or conduct of the HPAT-Ireland test, the HPAT-Ireland trademark and any HPAT-Ireland preparation materials prepared or published by or on behalf of ACER or the user universities;
  5. plagiarism referring to the act of presenting someone else's work, ideas, thoughts, expressions, or creations as one's own and involves copying, reproducing, paraphrasing, or closely imitating another person's work, whether in whole or in part, and submitting it as original work for assessment, evaluation, or any other purpose. In the context of examinations, plagiarism includes, but is not limited to verbatim copying: directly reproducing words, phrases, sentences, paragraphs, or any other textual content from a source without using quotation marks or appropriate citation;
  6. using, accessing, or employing any form of Artificial Intelligence during the HPAT-Ireland test for the purpose of obtaining assistance in answering, analysing or responding to test questions. This includes, but is not limited to, using AI-powered devices, software applications, or any other tools that may assist in answering questions, solving problems, or providing information related to HPAT-Ireland content. You are required to personally engage with the HPAT-Ireland content and respond to questions without the assistance of AI technology. Any attempt to use AI for answering, analysing, or generating responses is a breach of the Legal Agreement. For the purposes of the Legal Agreement, "Artificial Intelligence” or “AI” refers to any technology, software, algorithm, or system that simulates human-like cognitive processes, including but not limited to machine learning algorithms, neural networks, and automated decision-making systems; and
  7. bringing the following items into the test room or having them on your person during any part of the HPAT-Ireland test session, unless authorised in writing by ACER:     
    1. mobile phones, smartwatches, fitness trackers, or any device capable of wireless communication;
    2. audio, video, or photographic recording devices;
    3. surveillance or monitoring equipment, including but not limited to hidden cameras, microphones, or wearable recording devices;
    4. any other electronic device not explicitly permitted by ACER.
    5. by registering for and attending the HPAT-Ireland, you ACKNOWLEDGE and AGREE: you will not bring or use any prohibited device during the test session; if such a device is found in your possession in    the test room, you will immediately surrender the device to test administrators; ACER and its authorised representatives may inspect any surrendered device solely to determine whether a breach of        test security or misconduct has occurred; and any device found to have been used to record, transmit, or store test content may be retained by ACER for further investigation and may be referred to          relevant authorities. For clarity, any inspection will be limited to determining whether test content has been recorded, stored, transmitted or accessed and will be conducted only to the extent                      reasonably necessary for that purpose, see the HPAT-Ireland privacy notice.

                         vi. any act or omission by you such as abusive, threatening, dishonest, disruptive or unsafe conduct, which ACER, reasonably believes, renders you to be unfit to participate in any HPAT-Ireland test,                                              whether or not you are registered to participate at the time of ACER’s determination. Including inappropriate, abusive or aggressive behaviour or communication in any form with the HPAT-Ireland office,                                proctors/supervisors or university representatives.

5. If you are found to have engaged in misconduct (including that specified above) concerning any aspect of your engagement with ACER connected with your participation in the test, you will be subject to a sanction. A sanction may include cancellation of your registration without any refund, the withholding of your test results or disqualification to sit the test in the future; If a sanction is applied: 

a. the imposition of the sanction may be reported to any relevant educational institution;

b. it will be applied after the time ACER became aware of the misconduct and will not be backdated;

c. the misconduct specified above may constitute criminal offences under the Commonwealth, Victoria or your local law, for example, Section 83A of the Crimes Act 1958 (Vic), Section 144.1 of the Criminal Code Act 1995 (Cth). In which case the relevant misconduct may be reported to the appropriate law enforcement authorities for prosecution; and

d. if ACER has suffered any loss, damage or expense because of the misconduct it may proceed for recovery under civil law.

6. Withholding of results - you will only receive your HPAT–Ireland test scores if you have complied with the HPAT–Ireland test policies and procedures and the Legal Agreement governing Your participation. Your scores may be withheld or cancelled if ACER learns, either on or after the test day, that you have violated the HPAT–Ireland test policies and procedures or any other aspect of the Legal Agreement. Even if ACER cannot confirm your direct involvement in the breach of policies and procedures your HPAT–Ireland test scores may be withheld or cancelled where ACER reasonably concludes, based on available evidence, that the validity or integrity of the scores has been compromised or  believing you may have been involved in a breach of the Legal Agreement.

7. Examples of when the validity of HPAT–Ireland test scores may be challenged are: 

a. intended or unintended exposure to HPAT–Ireland test content*

b. contradictory performance on different parts of the HPAT–Ireland test

c. abnormal answer patterns in the HPAT–Ireland test

d. atypical performance over different HPAT–Ireland test sittings.     

* If you attend a coaching course where you are exposed to questions that appear in the HPAT-Ireland test, you risk having your HPAT–Ireland test scores withheld.

8. ACER will take reasonable steps to administer the HPAT-Ireland in accordance with this Booklet. However, ACER shall not be responsible for any delay, disruption, postponement, interruption, rescheduling, modification or cancellation of the HPAT-Ireland test where such event arises from circumstances beyond ACER's reasonable control. Such circumstances may include, without limitation:

                    i. acts of God, natural disasters, severe weather events, fire, flood, earthquake or other environmental events;

                   ii. epidemic, pandemic, public health emergency or quarantine restriction;

                   iii. war, terrorism, civil unrest, riot, industrial dispute, strike or labour shortage;

                   iv. governmental action, court order, regulatory requirement or change in law;

                   v. interruption, failure or unavailability of electricity, telecommunications networks, internet services, computer systems, software, cloud services or other technology infrastructure;

                   vi. cyber incidents, cybersecurity threats, malicious attacks, data breaches or unauthorised interference with systems;

                   vii. failure, closure or unavailability of a test venue;

                   viii. conduct of a third-party supplier, contractor or service provider upon whom ACER reasonably relies for administration of the HPAT-Ireland test; or

                    ix. any other event or circumstance beyond ACER's reasonable control that materially affects the secure, fair or practical administration of the HPAT-Ireland test.

Where such an event occurs, ACER may, acting reasonably and in good faith:

                    x. postpone, reschedule or relocate the test;

                    xi. modify the method of test delivery;

                    xii. suspend or cancel the test; or

                    xiii. implement alternative arrangements that ACER reasonably considers necessary to protect the integrity, security, fairness or proper administration of the HPAT-Ireland test.

ACER will endeavour to provide affected candidates with reasonable notice via email of any such action and details of any alternative arrangements where practicable. Nothing in this clause limits any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation, including the Consumer Rights Act 2022 (Ireland).

9. You may have legal rights under applicable consumer protection legislation, including the Consumer Rights Act 2022 (Ireland) and other mandatory consumer laws (as amended from time to time. Nothing in this Booklet excludes, restricts or limits any rights or remedies which cannot lawfully be excluded or limited.

10. Subject to point 9:

  1. the HPAT–Ireland test is a selection tool used by certain educational institutions and your results in respect of HPAT–Ireland may not be used or relied on for any other purpose;
  2. should you use or rely on your HPAT- Ireland results for any other purpose then, to the maximum extent permissible by law (and for the avoidance of doubt, subject to any guarantees, rights, remedies or obligations which cannot be excluded, restricted or modified under certain laws including any applicable consumer law), ACER expressly, irrevocably and totally disclaims any liability whatsoever for any loss or damage whatsoever and howsoever arising in connection with or resulting from such use or reliance;
  3. To the fullest extent permitted by applicable law, including the consumer protection laws of the Republic of Ireland, You acknowledge that participation in HPAT-Ireland is voluntary and that You are responsible for determining whether the test is suitable for Your own circumstances and purposes. Nothing in this Legal Agreement excludes, restricts or limits any rights, remedies, guarantees or protections which cannot lawfully be excluded or limited under applicable law. Subject to the foregoing, ACER will not be liable for any loss that was not reasonably foreseeable at the time of registration or for any indirect or consequential loss arising from Your participation in the HPAT-Ireland test. However, nothing in this Legal Agreement limits or excludes ACER's liability for:

                         i. death or personal injury resulting from ACER's negligence;

                         ii. fraud or fraudulent misrepresentation;

                         iii. breach of statutory rights that cannot lawfully be limited or excluded; or

                         iv. any matter for which liability cannot be excluded or limited under applicable law.

                 d. You acknowledge and accept that, to the fullest extent permitted at law, ACER gives NO WARRANTY or guarantee and makes no representation whatsoever that: registering for or sitting the HPAT–Ireland                            test will guarantee You or secure for You a placement with an educational institution; or that You will be provided with Your HPAT–Ireland results (other than in strict accordance with the Legal Agreement).

11. Upon a test taker registering for the HPAT-Ireland (the Test) it is agreed that the test taker must be a bona fide candidate for the Test. This includes, there is no perceived or actual conflict of interest between the test taker taking the Test for the purposes for which the Test is administered and any personal affiliation of the Test Taker. For example, if the test taker has an ownership, employment, contractor engagement or other material commercial involvement with a coaching or preparation provider for the Test a conflict of interest may be apparent. In those circumstance ACER reserves the right to refuse or cancel a relevant registration.

12. ACER does not transfer registrations for the HPAT-Ireland from registered test takers to third parties.

13. In the event that any law implies terms or guarantees into the offering or conduct of the HPAT – Ireland test which cannot be lawfully excluded, restricted or modified, such terms or guarantees will apply, otherwise the liability of ACER for breach of any such term or guarantee will, to the extent legally permitted, be limited to the refund of the price paid for any relevant goods or services.

14. ACER has made every effort to ensure the accuracy of the information provided in this Booklet. However, from time to time, due to changed circumstances ACER may need to change the arrangements concerning the administration of the HPAT – Ireland test and ACER (without amending your legal obligations or remedies) reserves the right to alter or amend any detail contained in the Booklet acting reasonably and in good faith. Any alteration or amendment will take effect immediately upon publication of the alteration or amendment on https://hpat-ireland.acer.org/.

15. By completing and submitting the HPAT–Ireland registration form, You:

  1. confirm that You have read in its entirety and accept the contents of this Booklet, including the Legal Notice and the online declaration.
  2. confirm Your agreement with the Legal Agreement governing Your participation.
  3. acknowledge that You have been entitled to obtain legal advice concerning any matter covered in this Booklet, whether or not You have in fact sought any legal advice.
  4. acknowledge and accept that the Legal Agreement and the online declaration contains the entire agreement between You and ACER concerning Your participation in the HPAT - Ireland test in 2026 and that no matter, information or representation not expressly contained in the Legal Agreement has induced You or had any bearing on You to seek registration for the HPAT – Ireland test in 2026.
  5. accept and unconditionally undertake to strictly comply with the Legal Agreement governing Your participation.
  6. acknowledge and accept that Your agreement with ACER will be governed as follows:
    1. where your registration fee is paid in pounds Sterling (£/GBP), the laws of England & Wales;
    2. where your registration fee is paid in Euros (€/EUR), the laws of the Republic of Ireland; or
    3. in any other case or where your registration fee is paid in Australian dollars ($/AUD), the laws of the State of Victoria, Australia.
  7. acknowledge and accept, to determine any dispute (whether as to the interpretation of Your agreement with ACER, or any matter concerning performance or compliance of the agreement or otherwise) or to determine any claims brought or made against You by ACER or its authorised nominee, you submit to the exclusive jurisdiction of the Courts and any of the Courts of Appeal therefrom as follows:
          i.    where your registration fee is paid in pounds Sterling (£/GBP), the courts of England & Wales;
         ii.   where your registration fee is paid in Euros (€/EUR), the courts of the Republic of Ireland; or
        iii.  in any other case or where your registration fee is paid in Australian dollars ($/AUD), the courts of the State of Victoria, Australia.