Why do we have a Privacy Policy?
We are required to comply with the Privacy Act 1988 (the Act), and with the National
Privacy Principles (NPP’s) contained in the Act. NPP 5 requires us to be open about
the way we handle certain information, and to that end requires us to have a Privacy
Policy.
What information is covered by the Privacy Act 1988
The Act covers personal information and sensitive information. Both of these are
referred to as "information" throughout this document.
Personal information is "information or an opinion (including information
or an opinion forming part of a database), whether true or not, and whether recorded
in a material form or not, about an individual whose identity is apparent, or can
reasonably be ascertained, from the information or opinion."
Sensitive Information is information or an opinion that is personal information,
and is about an individual’s racial or ethnic origin, political opinions, membership
of a political association, religious beliefs or affiliations, philosophical beliefs,
membership of a professional or trade association, membership of a trade union,
sexual preferences, or criminal record and any health information about an individual.
What information do we collect?
We only collect information that is necessary for us to carry out our functions
or activities. This means that we collect information such as your name, address,
telephone number, date of birth, Medicare number (in personal injury matters) and
all other information that you provide us during the course of your matter. This
may include sensitive information, and may also include information contained in
allegations that you have made against another person, or in allegations that a
person has made against you.
How do we use the information?
We use the information to enable us to properly look after your matter and to advance
your interests, and to enable us to contact you in relation to your matter. We may
also use the information to send you newsletters and other legal information, and
to update you in relation to our services.
When do we disclose the information?
We only disclose information where we need to in order to advance your interests,
or when we are required by law to disclose it. In these circumstances we may, for
example, disclose the information to an insurance company, a doctor, a Court or
tribunal, or a legal firm that is our agent in other jurisdiction. Generally we
will try to ensure that you are aware whenever information is being disclosed to
a third party.
Can you access the information?
You are entitled to ask what information we hold about you. We will, within a reasonable
time, inform you of the personal information and/or sensitive information that we
hold about you. You may then ask us to show you the information so that you can
check to ensure that it is accurate, complete and up to date. We will give you access
to the information for this purpose unless we are entitled to refuse access pursuant
to NPP 6.1, in which case we must provide you with reasons for the refusal. If we
give you access, we are entitled to charge a reasonable fee for the access, including
for all copying charges and our time to collect and collate the information.
You may ask us to amend the information if it is not accurate, complete or up to
date, provided that you establish that the information is not accurate, complete
or up to date. Alternatively, you may ask us to attach a note to the information
indicating that you think it is inaccurate, incomplete or out of date if we do not
agree to amend the information.
Consequences if all or part of the information we request is not provided
You may choose not to provide us with some or all of the information that we request.
If you choose to do this it may cause extensive delays in progressing your matter,
and in some circumstances we may not be able to properly act for you, advance your
interests or contact you to provide you with advice.
Who do you contact?
If you have any queries in relation to the matters raised above you should contact
the solicitor handling your matter.