For the purposes of this policy, “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
This policy was last updated on 22/10/2020
1. Open and transparent management
We take our obligations under the Privacy Act 1988 (the “Act”), the Australian Privacy Principles (“APPs”) and other relevant State and Territory legislation regarding the management of personal information very seriously and have implemented practices, procedures, and systems to ensure we comply with those laws. We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way.
2. Using a pseudonym or being anonymous
Wherever it is lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so you acknowledge that it may affect our ability to provide our services to you. You will need to provide us with accurate personal details when you seek services from us.
3. Collection of personal information we solicit from you
3.1 Types of information collected
In the process of conducting our business, we collect a range of personal information about our current and prospective clients, contractors, suppliers, agents, service providers, other business associates, and the people who run the businesses we deal with. This information can include such things as name, contact details, and other personal information for the primary purpose of providing quality speech pathology services, including for assessment, diagnosis, and treatment purposes.
3.2 Personal information (that is not sensitive information)
We will only collect your personal information where:
it is reasonably necessary for us to pursue one or more of our functions or activities, or we are required to by law.
3.3 Sensitive information
Some personal information (e.g. race, ethnicity, health information, etc.) is sensitive and requires a higher level of protection under the Act. We will only collect your sensitive information when:
we have your consent; and the collection is reasonably necessary for us to pursue one or more of our functions or activities.
3.4 Exceptions to the need for your consent
We will not need your consent to collect your sensitive information when:
it is required or authorised by law;
a “permitted general situation” exists as defined under the Act; and
a “permitted health situation” exists as defined under the Act.
3.5 Collection by lawful and fair means
We will only collect your personal information by lawful and fair means. This includes:
3.6 Collection from you
4. Dealing with unsolicited personal information
If we receive your personal information from a third party without having asked you for it, then within a reasonable time, we will determine whether we could have collected it in the ways outlined in paragraph 3 above. If we determine that it could not have been collected in one of those ways and it is lawful and reasonable to do so, then as soon as practicable we will:
destroy the information, or
ensure that it is de-identified.
5. Notification of collection
Before or at the time of collecting your personal information (or as soon as practicable afterward) we will take reasonable steps to notify you or ensure you are aware of the following:
our identity and contact details;
whether we are likely to disclose your personal information to overseas recipients and if so, details of the likely countries that may receive your personal information;
how you can lodge a complaint with us;
how you may access and seek correction of your personal information;
details of the persons or entities that we usually disclose personal information to;
what may happen if we do not collect all or some of your personal information;
reasons why we have collected your personal information;
circumstances where we are required or authorised by law to collect your personal information;
circumstances where we have collected your personal information from you without your knowledge or from someone other than you.
6. Use or disclosure
6.1 Personal information that is not sensitive
We will only hold your personal information for the particular purpose for which we collected it (“Primary Purpose”).
We will not use or disclose your personal information (not being sensitive information) for another purpose (“Secondary Purpose”) unless:
we first obtain your consent; or
you would reasonably expect us to use or disclose it for a Secondary Purpose that is related to the Primary Purpose or - in the case of sensitive information – directly related to the Primary Purpose;
a permitted general purpose exists;
a permitted health situation exists;
we are required to by law;
we reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. In this circumstance, we will make a note of such disclosure.
7. Cross-border disclosure of personal information
We may disclose your personal information to an overseas entity or an entity outside of Queensland in circumstances where we:
have taken reasonable steps to ensure that they also treat personal information in accordance with the Act and any other relevant State and Territory legislation regarding the management of personal information; or
we reasonably believe it is necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. In this circumstance, we will make a note of such disclosure.
a permitted health situation exists;
a permitted general purpose exists;
are required or authorised by law;
expressly inform you of your option to consent to that disclosure and you then provide us with informed consent to do so; or
reasonably believe that the overseas entity is subject to the same or similar laws to that found in the Act and any other relevant State and Territory legislation regarding the management of personal information and there are ways that you can take action to enforce those cross border laws.
8. Adoption, use, or disclosure of government related identifiers
We will not adopt a government related identifier as your identifier unless:
we are required or authorised by law;
it is reasonably necessary to verify your identity for the purposes of our activities or functions;
it is reasonably necessary to fulfill our obligations to an agency or State or Territory authority;
it is required or authorised by or under an Australian law, or a court/tribunal order;
some (but not all) permitted general situations exist;
we reasonably believe it is necessary for enforcement related activities by, or on behalf of, an enforcement body; and
where it is allowed under the regulations;
9. Quality of personal information
We will take such steps (if any) as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete, and relevant.
10. Security of personal information
We will take such steps as are reasonable in the circumstances to protect your personal information:
from misuse, interference, and loss; and
from unauthorised access, modification, or disclosure.
When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified.
11 Access to personal information
Upon your written request we will provide you with a copy of your personal information that we hold unless:
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
giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process; or
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
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 and you giving access would be likely to prejudice the taking of appropriate action in relation to those matters; or
denying access is required or authorised by or under an Australian law or a court/tribunal order; or
giving access would be unlawful; or
giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
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
your request for access is frivolous or vexatious; or
giving access would have an unreasonable impact on the privacy of other individuals.
12. Correction of personal information
12.1 Correction of personal information
We will take reasonable steps to correct your personal information (at no charge) if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant, or misleading. This extends to third parties that we have provided your personal information to unless it is impracticable or unlawful to do so.
12.2 Circumstances when we decline to make corrections
In certain circumstances, we may decline to correct your personal information. When this occurs we will provide you with a written notice that sets out:
the reasons for the refusal; and
the mechanisms available to complain about the refusal.
13. Making a Complaint
If you have a concern or complaint relating to our handling of your personal information or any breaches of the AAPs or any breaches of relevant State and Territory legislation regarding the management of personal information, please send a written note to Theresa Elliott (firstname.lastname@example.org) outlining the nature of the complaint. We will endeavor to respond to your complaint within 30 days of receipt. If unresolved, the complaint may be referred to as an external complaints resolution entity and finally, if necessary, taken to the Office of the Australian Information Commissioner.