The Aboriginal Legal Service (NSW/ACT) Ltd (ALS, we, our and us) is committed to confidentiality and privacy when handling your Personal Information. This policy sets out how we manage your Personal Information.
Your Personal Information is collected, used and disclosed in accordance with the Australian Privacy Principles (APPs) outlined in the Privacy Act 1988 (Cth) (Privacy Act) and applicable state and territory law, including the Privacy and Personal Information Protection Act 1998 (NSW), Health Records and Information Privacy Act 2002 (NSW) and the Information Privacy Act 2014 (ACT) and the principles contained therein.
Some information you provide us is also protected by other legal obligations arising between clients and lawyers, including legal professional privilege and confidentiality.
DEFINITIONS
Personal Information – information or an opinion about an identified individual, or an individual who is reasonably identifiable.
Sensitive Information – a subset of Personal Information in the Privacy Act. It includes but is not limited to information or an opinion about an individual’s:
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biometric information;
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criminal record;
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health information;
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racial or ethnic background; and
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sexual orientation.
Staff – employees, contractors, secondees, volunteers and interns.
Supporters – individuals who submit their Personal Information on the ALS website in the process of subscribing to updates, making a donation, signing a petition, or submitting an enquiry or message.
POLICY – YOUR PERSONAL INFORMATION
When we collect Personal Information
The Personal Information we collect about you will depend on the nature of your interaction with us. The ALS may collect and store Personal Information about you when you:
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contact us about our services, including to obtain legal assistance;
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donate money to us;
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sign a petition or campaign that we publicise;
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subscribe to our communications;
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apply to become or are a company member of the ALS;
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apply to work or volunteer with us or are a member of Staff;
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have business dealings with us (for example as a supplier); and/or
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provide feedback or make a complaint.
Generally, we try to collect information directly from you. However, we might collect information about you from someone else, such as when another service refers you for assistance. If we collect information about you from someone else, we will try to make sure you know about that information.
Types of Personal Information we collect
The kind of Personal Information we collect from you will usually include your name, address, email address and/or contact numbers. Other information we collect from you depends on why we are in contact with you. For example:
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Legal and support services: If you want legal or other assistance from us, we may collect information about the matter you need assistance with, as well as other Personal Information such as your contact details, date of birth, Aboriginality and other information about your health, income, and personal circumstances.
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Position applications: If you are enquiring about or applying for an employment, volunteer or company membership position with us, we may collect a range of Personal Information such as your cultural or ethnic background, work or education experience and what motivates you to engage with the ALS.
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Staff: If you are working or volunteering for the ALS, we may collect a range of Personal Information such as your gender, proof of ID and bank account/payment details. If you are an ALS Staff member who uses an ALS vehicle, we may collect data from telematics devices installed on ALS fleet vehicles, as further set out in the ALS Workplace Surveillance Policy and Motor Vehicle Use Policy.
We may also monitor and record your interactions with us, whether they occur physically, over a telephone or online and use these records for dispute resolution and/or training.
If Sensitive Information is required, we will ask for your consent to collect it.
Anonymity
If you want to communicate with us anonymously, we may be able to facilitate this depending on the nature of our interaction with you. However, in most cases, if we do not collect the Personal Information required, we may not be able to complete the relevant proposed interaction. For example, we may be unable to provide you with legal advice or administer your employment or volunteering with us.
How we use your Personal Information
We will use the Personal Information you provide us to:
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respond to your enquiries;
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determine if we can provide you with assistance;
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provide you with legal and support services;
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process donations and payments;
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communicate with you about our work and campaigns;
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assess applications for employment, volunteering and membership positions;
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manage ALS Staff and company membership;
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manage ALS fleet vehicles;
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manage business dealings;
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understand trends for the purposes of advocacy and law reform work;
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plan, monitor, review and report on our services; and/or
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receive feedback and resolve complaints.
We will only use your Personal Information for the purpose we collected it for, for another directly related purpose, or for another purpose where you have given consent.
When we share Personal Information
We will not share your Personal Information with others unless:
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you have asked us to;
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sharing your information is in line with the consent you have provided;
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sharing your information is required to fulfil one or more of the actions listed above;
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we are required to or permitted to disclose by law; or
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it is necessary to prevent or lessen a serious and imminent threat to life or health.
If you are a Supporter, we may use your Personal Information to provide you with promotional and marketing materials or further research or publications that may be of interest. You can opt out of receiving these materials at any time.
If you are a Staff member who uses an ALS fleet vehicle, we may share your Personal Information in relation to your use of the vehicle, as further set out in the ALS Workplace Surveillance Policy and Motor Vehicle Use Policy.
How we keep your information secure
The ALS ensures that all Personal Information collected is securely stored and safe from misuse, loss, unauthorised access, modification or disclosure.
We may store your Personal Information both in hard copy and/or electronic form. This may be at our physical premises or at facilities operated by us, or by our service providers or contractors.
We employ a reasonable level of physical and electronic security measures to maintain the security and integrity of the Personal Information we hold. We do not expect to send your Personal Information overseas unless it is collected through our website or a contracted third-party platform. This information may be stored overseas locations, including but not limited to the United States, the United Kingdom or countries within Europe.
Visiting our website
If you visit our website, our hosting platform may record information about your visit including the date and time of your visit to the website, the pages you view, and any documents you download.
ALS will not attempt to identify visitors to our website or their browsing activities except where we are obliged to by law.
Access and correction
You have the right to:
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seek access to your Personal Information held by the ALS;
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ask us to update or correct your Personal Information if it is incorrect or out of date; and
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opt out of receiving emails from the ALS.
If you want to access the information the ALS holds about you, or correct information held about you that is incorrect or out of date, please fill out our contact form, email us with your request, call us on 1800 765 767 or visit us at the nearest ALS office.
Making a complaint
If you wish to make a complaint about how the ALS handles your Personal Information or this Privacy Policy please complete a complaints form here, call us on 02 9213 4100 or visit us at your nearest ALS office.
If you make a complaint and this is not resolved to your satisfaction, you may refer it to the Office of the Australian Information Commissioner (OAIC) or the NSW Information and Privacy Commission (IPC).
You can contact OAIC by:
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visiting www.oaic.gov.au;
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forwarding an email to [email protected];
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telephoning 1300 363 992; or
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writing to OAIC at GPO Box 5218, Sydney NSW 2001.
You can contact IPC by:
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visiting www.ipc.nsw.gov.au/about-us/contact-us;
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forwarding an email to [email protected];
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telephoning 1800 472 679; or
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writing to IPC at GPO Box 7011, Sydney NSW 2001.
A further point about privacy
We understand that your Personal Information is important to you. Our Staff may work with you on a range of complex issues affecting your life. We realise your information can sometimes be sensitive. We take our commitment to privacy legislation seriously and for many years have provided quality confidential services to Aboriginal and Torres Strait Islander people, families and communities.
