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Privacy Policy
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Privacy Policy


This privacy policy will outline how we collect, use and protect your personal information when visiting, and interacting with our website.

This privacy policy will outline how we collect, use and protect your personal information when visiting, and interacting with our website.

Overview - An overview of this privacy policy:

  • We collect your personal information to assist us to serve you in the best possible way.
  • We will only use your personal information in ways that you might expect it to be used in the course of our business.
  • We will not pass your personal information on without asking for your permission, unless required to by law.
  • Upon request, we will give you the chance to see any information we hold about you.
  • We protect your information with internet facilities as well as internal procedures.
  • Upon request, we will provide you with information on how we handle personal information.
  • We will listen to any complaints regarding the way we handle your personal information, and investigate this in accordance with the Australian Privacy Principles (APP)

Part 1 — Consideration of personal information privacy

Australian Privacy Principle 1 | Open and transparent management of personal information

1.1 The object of this principle is to ensure that we manage personal information in an open and transparent way.

Compliance with the Australian Privacy Principles

1.2 We must take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to our functions or activities that:

(a) will ensure that we comply with the Australian Privacy Principles and a registered APP code (if any) that binds us; and

(b) will enable us to deal with inquiries or complaints from individuals about our compliance with the Australian Privacy Principles or such a code.

APP Privacy Policy

1.3 We must have a clearly expressed and up to date policy (the APP privacy policy) about the management of personal information by us.

1.4 Without limiting subclause 1.3, our APP privacy policy must contain the following information:

(a)   the kinds of personal information that we collect and hold;

(b)   how we collect and hold personal information;

(c)   the purposes for which we collect, hold, use and disclose personal information;

(d)   how you may access personal information about the individual that is held by us and seek the correction of such information;

(e)  how you may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds us, and how we will deal with such a complaint;

(f)   whether we are likely to disclose personal information to overseas recipients;

(g)   if we are likely to disclose personal information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.

Availability of APP privacy policy

1.5 We must take such steps as are reasonable in the circumstances to make our APP privacy policy available:

(a)   free of charge; and

(b)   in such form as is appropriate.

1.6 If a person or body requests a copy of our APP privacy policy in a particular form, we must take such steps as are reasonable in the circumstances to give the person or body a copy in that form.

Australian Privacy Principle 2 | Anonymity and pseudonymity

2.1 Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter.

2.2 Subclause 2.1 does not apply if, in relation to that matter:

(a)   we are required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or

(b)   it is impracticable for us to deal with individuals who have not identified themselves or who have used a pseudonym.

Part 2 | Collection of personal information

Australian Privacy Principle 3 | Collection of solicited personal information

Personal information other than sensitive information

3.1 If we are an agency, we must not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, one or more of our functions or activities.

3.2 If we are an organisation, we must not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of our functions or activities.

Sensitive information

3.3 We must not collect sensitive information about you unless:

(a)   you consent to the collection of the information and:

(i) if we are an agency — the information is reasonably necessary for, or directly related to, one or more of our functions or activities; or

(ii) if we are an organisation — the information is reasonably necessary for one or more of our functions or activities; or

(b)  subclause 3.4 applies in relation to the information.

3.4 This subclause applies in relation to sensitive information about you if:

(a) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(b)   a permitted general situation exists in relation to the collection of the information by us; or

(c)   We are an organisation and a permitted health situation exists in relation to the collection of the information by us; or

(d)  We are an enforcement body and we reasonably believe that:

(i)   if we are the Immigration Department — the collection of the information is reasonably necessary for, or directly related to, one or more enforcement related activities conducted by, or on behalf of, us; or

(ii)   otherwise — the collection of the information is reasonably necessary for, or directly related to, one or more of our functions or activities; or

(e)  we are a non-profit organisation and both of the following apply:

(i)   the information relates to the activities of the organisation;

(ii)  the information relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities.

Means of collection

3.5 We must collect personal information only by lawful and fair means.

3.6 We must collect personal information about you only from you unless:

(a) if we are an agency:

(i)   you consent to the collection of the information from someone other than you; or

(ii)   we are required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than you; or

(b)   it is unreasonable or impracticable to do so.

Solicited personal information

3.7 This principle applies to the collection of personal information that is solicited by us.

Australian Privacy Principle 4 | Dealing with unsolicited personal information

4.1 If:

(a)   we receive personal information; and

(b)   we did not solicit the information;

we must, within a reasonable period after receiving the information, determine whether or not we could have collected the information under Australian Privacy Principle 3 if we had solicited the information.

4.2 We may use or disclose the personal information for the purposes of making the determination under subclause 4.1.

4.3 If:

(a)   we determine that we could not have collected the personal information; and

(b)   the information is not contained in a Commonwealth record;

we must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

4.4 If subclause 4.3 does not apply in relation to the personal information, Australian Privacy Principles 5 to 13 apply in relation to the information as if we had collected the information under Australian Privacy Principle 3.

Australian Privacy Principle 5 | Notification of the collection of personal information

5.1 At or before the time or, if that is not practicable, as soon as practicable after, we collect personal information about you, we must take such steps (if any) as are reasonable in the circumstances:

(a)   to notify you of such matters referred to in subclause 5.2 as are reasonable in the circumstances; or

(b)   to otherwise ensure that you are aware of any such matters.

5.2 The matters for the purposes of subclause 5.1 are as follows:

(a)   our identity and contact details;

(b)   if:

(i)    we collect personal information from someone other than you; or

(ii)   you may not be aware that we have collected the personal information;

the fact that we so collect, or have collected, the information and the circumstances of that collection;

(c)   if the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order — the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);

(d)   the purposes for which we collect the personal information;

(e)   the main consequences (if any) for you if all or some of the personal information is not collected by us;

(f)   any other APP entity, body or person, or the types of any other APP entity, bodies or persons, to which we usually discloses personal information of the kind collected by us;

(g)   that our APP privacy policy contains information about how you may access the personal information about you that is held by us and seek the correction of such information;

(h)   that our APP privacy policy contains information about how you may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds us, and how we will deal with such a complaint;

(i)    whether we are likely to disclose the personal information to overseas recipients;

(j)    if we are likely to disclose the personal information to overseas recipients — the countries in which such recipients are likely to be located if it is practicable to specify those countries in the notification or to otherwise make you aware of them.

Part 3 | Dealing with personal information

Australian Privacy Principle 6 | Use or disclosure of personal information

Use or disclosure

6.1 If we holds personal information about you that was collected for a particular purpose (the primary purpose), we must not use or disclose the information for another purpose (the secondary purpose) unless:

(a)   you have consented to the use or disclosure of the information; or

(b)   subclause 6.2 or 6.3 applies in relation to the use or disclosure of the information.

Note: Australian Privacy Principle 8 sets out requirements for the disclosure of personal information to a person who is not in Australia or an external Territory.

6.2 This subclause applies in relation to the use or disclosure of personal information about you if:

(a)   you would reasonably expect we to use or disclose the information for the secondary purpose and the secondary purpose is:

(i)    if the information is sensitive information — directly related to the primary purpose; or

(ii)   if the information is not sensitive information — related to the primary purpose; or

(b)   the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(c)   a permitted general situation exists in relation to the use or disclosure of the information by theAPP entity; or

(d)   we is an organisation and a permitted health situation exists in relation to the use or disclosure of the information by we; or

(e)   we reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B.

6.3 This subclause applies in relation to the disclosure of personal information about you by us as an agency if:

(a)   we are not an enforcement body; and

(b)   the information is biometric information or biometric templates; and

(c)   the recipient of the information is an enforcement body; and

(d)   the disclosure is conducted in accordance with the guidelines made by the Commissioner for the purposes of this paragraph.

6.4 If:

(a)   we are an organisation; and

(b)   subsection 16B(2) applied in relation to the collection of the personal information by us;

we must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before we disclose it in accordance with subclause 6.1 or 6.2.

Written note of use or disclosure

6.5 If we use or discloses personal information in accordance with paragraph 6.2(e), we must make a written note of the use or disclosure.

Related bodies corporate

6.6 If:

(a)   we are a body corporate; and

(b)   we collect personal information from a related body corporate;

this principle applies as if our primary purpose for the collection of the information were the primary purpose for which the related body corporate collected the information.

Exceptions

6.7 This principle does not apply to the use or disclosure by an organisation of:

(a)   personal information for the purpose of direct marketing; or

(b)   government related identifiers.

Australian Privacy Principle 7 | Direct marketing

Direct marketing

7.1 If an organisation holds personal information about you, the organisation must not use or disclose the information for the purpose of direct marketing.

Exceptions | Personal information other than sensitive information

7.2 Despite subclause 7.1, an organisation may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing if:

(a    the organisation collected the information from you; and

(b)   you would reasonably expect the organisation to use or disclose the information for that purpose; and

(c)   the organisation provides a simple means by which you may easily request not to receive direct marketing communications from the organisation; and

(d)   you have not made such a request to the organisation.

7.3 Despite subclause 7.1, an organisation may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing if:

(a) the organisation collected the information from:

(i)    you and you would not reasonably expect the organisation to use or disclose the information for that purpose; or

(ii)     someone other than you; and

(b)   either:

(i)    you have consented to the use or disclosure of the information for that purpose; or

(ii)   it is impracticable to obtain that consent; and

(c)   the organisation provides a simple means by which you may easily request not to receive direct marketing communications from the organisation; and

(d)   in each direct marketing communication with you:

(i)    the organisation includes a prominent statement that you may make such a request; or

(ii)   the organisation otherwise draws your attention to the fact that you may make such a request; and

(e)   you have not made such a request to the organisation.

Exception | Sensitive information

7.4 Despite subclause 7.1, an organisation may use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

Exception | Contracted service providers

7.5 Despite subclause 7.1, an organisation may use or disclose personal information for the purpose of direct marketing if:

(a)   the organisation is a contracted service provider for a Commonwealth contract; and

(b)   the organisation collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and

(c)   the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

Individual may request not to receive direct marketing communications etc.

7.6 If an organisation (the first organisation) uses or discloses personal information about you:

(a)   for the purpose of direct marketing by the first organisation;

or

(b)   for the purpose of facilitating direct marketing by other organisations;

you may:

(c)   if paragraph (a) applies — request not to receive direct marketing communications from the first organisation; and

(d)   if paragraph (b) applies — request the organisation not to use or disclose the information for the purpose referred to in that paragraph; and

(e)   request the first organisation to provide its source of the information.

7.7 If you makes a request under subclause 7.6, the first organisation must not charge you for the making of, or to give effect to, the request and:

(a)   if the request is of a kind referred to in paragraph 7.6(c) or (d) — the first organisation must give effect to the request within a reasonable period after the request is made; and

(b)   if the request is of a kind referred to in paragraph 7.6(e) — the organisation must, within a reasonable period after the request is made, notify you of its source unless it is impracticable or unreasonable to do so.

Interaction with other legislation

7.8 This principle does not apply to the extent that any of the following apply:

(a)   the Do Not Call Register Act 2006;

(b)   the Spam Act 2003;

(c)   any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations.

Australian Privacy Principle 8 | Cross-border disclosure of personal information

8.1 Before we disclose personal information about you to a person (the overseas recipient):

(a) who is not in Australia or an external Territory; and

(b)   who is not us or you;

we must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.

8.2 Subclause 8.1 does not apply to the disclosure of personal information about you by an APP entity to the overseas recipient if:

(a)   we reasonably believe that:

(i)    the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

(ii)   there are mechanisms that you can access to take action to enforce that protection of the law or binding scheme; or

(b)   both of the following apply:

(i)    we expressly inform you that if he or she consents to the disclosure of the information, subclause 8.1 will not apply to the disclosure;

(ii)   after being so informed, you consent to the disclosure; or

(c)   the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(d)   a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the disclosure of the information by us; or

(e)   we are an agency and the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party; or

(f)   we are an agency and both of the following apply:

(i)    we reasonably believe that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;

(ii)   the recipient is a body that performs functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

Australian Privacy Principle 9 | Adoption, use or disclosure of government related identifiers

Adoption of government related identifiers

9.1 An organisation must not adopt a government related identifier of you as its own identifier of you unless:

(a)  the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order; or

(b)  subclause 9.3 applies in relation to the adoption.

Use or disclosure of government related identifiers

9.2 An organisation must not use or disclose a government related identifier of you unless:

(a)   the use or disclosure of the identifier is reasonably necessary for the organisation to verify your indentity for the purposes of the organisation’s activities or functions; or

(b)   the use or disclosure of the identifier is reasonably necessary for the organisation to fulfil its obligations to an agency or a State or Territory authority; or

(c)   the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or

(d)   a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the use or disclosure of the identifier; or

(e)   the organisation reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(f)   subclause 9.3 applies in relation to the use or disclosure.

Regulations about adoption, use or disclosure

9.3 This subclause applies in relation to the adoption, use or disclosure by an organisation of a government related identifier of you if:

(a)   the identifier is prescribed by the regulations; and

(b)   the organisation is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations; and

(c)   the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.

Part 4 | Integrity of personal information

Australian Privacy Principle 10 | Quality of personal information

10.1 We must take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we collect is accurate, up-to-date and complete.

10.2 We must take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

Australian Privacy Principle 11 | Security of personal information

11.1 If we hold personal information, we must take such steps as are reasonable in the circumstances to protect the information:

(a)   from misuse, interference and loss; and

(b)   from unauthorised access, modification or disclosure.

11.2 If:

(a)   we hold personal information about you; and

(b)   we no longer need the information for any purpose for which the information may be used or disclosed by us under this Schedule; and

(c)   the information is not contained in a Commonwealth record; and

(d)  we are not required by or under an Australian law, or a court/tribunal order, to retain the information;

We must take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

Part 5 | Access to, and correction of, personal information

Australian Privacy Principle 12 | Access to personal information

Access

12.1 If we hold personal information about you, we must, on request by you, give you access to the information.

Exception to access | Agency

12.2 If:

(a)   we is an agency; and

(b)   we are required or authorised to refuse to give you access to the personal information by or under:

(i)    the Freedom of Information Act; or

(ii)   any other Act of the Commonwealth, or a Norfolk Island enactment, that provides for access by persons to documents;

then, despite subclause 12.1, we are not required to give access to the extent that we are required or authorised to refuse to give access.

Exception to access | Organisation

12.3 If we is an organisation then, despite subclause 12.1, we are not required to give you access to the personal information to the extent that:

(a)   we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(b)   giving access would have an unreasonable impact on the privacy of other individuals; or

(c)   the request for access is frivolous or vexatious; or

(d)  the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or

(e)   giving access would reveal the intentions of us in relation to negotiations with you in such a way as to prejudice those negotiations; or

(f)   giving access would be unlawful; or

(g)   denying access is required or authorised by or under an Australian law or a court/tribunal order; or

(h)   both of the following apply:

(i)    we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;

(ii)   giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i)    giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j)    giving access would reveal evaluative information generated within us in connection with a commercially sensitive decision-making process.

Dealing with requests for access

12.4 We must:

(a)   respond to the request for access to the personal information:

(i)    if we are an agency — within 30 days after the request is made; or

(ii)   if we are an organisation — within a reasonable period after the request is made; and

(b)   give access to the information in the manner requested by you, if it is reasonable and practicable to do so.

Other means of access

12.5 If we refuses:

(a)   to give access to the personal information because of subclause 12.2 or 12.3; or

(b)   to give access in the manner requested by you; we must take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of us and you.

12.6 Without limiting subclause 12.5, access may be given through the use of a mutually agreed intermediary.

Access charges

12.7 If we is an agency, we must not charge you for the making of the request or for giving access to the personal information.

12.8 If:

(a)   we is an organisation; and

(b)   we charge you for giving access to the personal information;

the charge must not be excessive and must not apply to the making of the request.

Refusal to give access

12.9 If we refuses to give access to the personal information because of subclause 12.2 or 12.3, or to give access in the manner requested by you, we must give you a written notice that sets out:

(a)   the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

(b)   the mechanisms available to complain about the refusal; and

(c)   any other matter prescribed by the regulations.

12.10 If we refuses to give access to the personal information because of paragraph 12.3(j), the reasons for the refusal may include an explanation for the commercially sensitive decision.

Australian Privacy Principle 13 | Correction of personal information

Correction

13.1 If:

(a)   we hold personal information about you; and

(b)   either:

(i)    we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

(ii)   you request us to correct the information;

we must take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

Notification of correction to third parties

13.2 If:

(a)   we corrects personal information about you that we previously disclosed to another APP entity; and

(b)   you request us to notify the other APP entity of the correction;

we must take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

Refusal to correct information

13.3 If we refuses to correct the personal information as requested by you, we must give you a written notice that sets out:

(a)   the reasons for the refusal except to the extent that it would be unreasonable to do so; and

(b)   the mechanisms available to complain about the refusal; and

(c)   any other matter prescribed by the regulations.

Request to associate a statement

13.4 If:

(a)   we refuse to correct the personal information as requested by you; and

(b)   you request us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading;

we must take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

Dealing with requests

13.5 If a request is made under subclause 13.1 or 13.4, we:

(a)   must respond to the request:

(i)    if we are an agency — within 30 days after the request is made; or

(ii)   if we are an organisation — within a reasonable period after the request is made; and

(b)   must not charge you for the making of the request, for correcting the personal information or for associating the statement with the personal information (as the case may be).

 


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