Date of Commencement: 21 March 2016
Review Date: 20 March 2019
The Aussie Kidz Charity (“the Charity”) acknowledges and respects every individual’s legal right to privacy. The Charity acknowledge that information held regarding an individual or a child is very sensitive and thus, it aims to ensure that any information held is secure and kept confidential. This policy contains the steps taken by the Charity relating to the collection, holding, use and disclosure of personal and sensitive information relating to a person and/or their parent or guardian as is required by the Law pursuant to the Privacy Amendment (Enhancing Privacy Protection) Act 2013 (Cth).
The Charity is bound by the Australian Privacy Principles of the Privacy Act 1988 (Cth). Its obligations are set out in full in the aforementioned Act which can be accessed via the Privacy Commissioner’s website at www.oaic.gov.au.
This policy applies to all employees, volunteers, contractors and members who are engaged in any activity in connection to the Charity. It is the responsibility of every person to ensure that they comply with this policy. If anyone is unsure of their obligations under this policy they are requested to contact the Secretary at firstname.lastname@example.org.
1.1 In this policy
consent is a voluntary and informed agreement by a person to something being done by the Charity. Where the Charity considers that an individual is unable to provide consent, the Charity will ask the individual’s parent or guardian to provide the consent.
direct marketing is the promotion of the Charity’s fundraising efforts, training, child support programs and other related activities.
person refers to any person whose information has been obtained by the Charity and may include a person’s parent or guardian.
personal information is information or opinions about a person who can reasonably be identified, regardless of whether the information or opinion is recorded or true. Personal information collected by the Charity includes contract details, qualifications, personal history, financial information or information regarding complaints made by a person and may include sensitive information.
primary purpose refers to activities that the Charity takes part in for which the Charity collects information, examples of which include:
- providing services for the community, especially for disabled and/or underprivileged children or other related activities;
- interviewing, examining, positioning and engaging with the Charity volunteers;
- examining, explaining and distributing information regarding any new Acts of Law or relevant regulations;
- providing or updating training and employment services;
- assisting and liaising with parents or guardians;
- connecting and engaging with members and supporters;
- conducting assessments and reference checks of any person connected to or receiving assistance from the Charity;
- obtaining donations;
- collecting personal information or images from the Charities archives and/or publications;
- arranging child friendly family fun days and other related activities;
- provisions for health services; and
- sharing information with any other charity to further the work of the Charity and assist those most vulnerable.
secondary purpose is a purpose related to the primary purpose when concerning personal information. Regarding sensitive information, a secondary purpose is a purpose which is directly related to the primary purpose.
sensitive information is information regarding an adult, child, parent or guardian relating to personal information, including information the Charity may collect such as information on racial or ethnic origin, religious beliefs, membership of any associations, criminal history or health and may include personal information.
2. Collection of Personal Information
2.1 The Charity operates on a diverse framework and because of this it collects personal and sensitive information from people for many different purposes.
2.2 Personal information is only collected when the information is reasonably necessary or is seen to be directly related to one or more of the charities functions or the activities it engages in. Further, the Charity will only collect personal information by lawful and fair means.
2.3 At the time of collection or as soon as is practicable thereafter the Charity will notify or make sure the person is aware of the Charity’s identity, contact details, the purpose for which the information was collected, any consequences of not providing the information, how the information may be accessed and corrected and organisations that the Charity usually discloses information with.
2.4 If the Charity collects information about a person from a third party, it will take reasonable steps to ensure that the person is or has been made aware of this and will comply with the requirements mentioned in paragraph 1.3.
2.5 If the Charity receives personal information, it will decide, within a reasonable period of time, whether the information could have been lawfully collected by the Charity itself, if so, the Charity will ensure that it complies with the requirements in paragraph 1.3. If the Charity concludes that this information could not have been obtained by the Charity lawfully, the Charity, providing it is lawful and reasonable to do so, will destroy the information. This is providing the information is not required to be kept under an Act of Law or other regulation.
2.6 The Charity will not collect sensitive information about a person unless they have consented to the collection of such information and the information is required by the Charity to conduct one or more of its functions or activities or if the collection is authorised under an Act of Law or other regulation.
3.1 The Charity may use personal information collected from a person for a primary purpose notified to that person.
3.2 If the information is of a sensitive nature then the Charity will only use the information for a primary purpose or a directly related purpose that a person has consented to.
3.3 The Charity may sometimes use or disclose personal information about a person for a secondary purpose. Personal information may only be disclosed for a secondary purpose in very limited circumstances. The Charity, when reasonable, will seek consent from the person in question before using their personal information for a secondary purpose.
3.4 Information for a secondary purpose may be used by the Charity in circumstances where a person has consented to the use or disclosure or where a person would reasonably expect for the information to be disclosed. The latter relates to circumstances where the information is or is not sensitive and is directly related to a primary purpose or when the disclosure of information is required under an Act of Law or other regulation.
4.1 The Charity may only use personal information of a person for direct marketing where an exception applies under the Law. Where the Charity is permitted to use or disclose personal information for direct marketing it will allow the person to “opt out” and will respect the persons request to do so.
4.2 Where the person in question is a child, the marketing literature will be sent to the parent or guardian of the child.
4.3 Personal information, other then sensitive information, regarding a person, obtained directly or indirectly, may be used for direct marketing if it was collected by the Charity and the person would reasonably expect for the information to be used or disclosed for direct marketing. The Charity will provide an option allowing the person not to receive direct marketing communications from the Charity. Where a person opts not to receive direct marketing communications from the Charity, the Charity will do all that is reasonable to accommodate the request.
4.4 In circumstances where personal information is used or disclosed for direct marketing purposes, a person may ask the Charity to stop sending marketing communications to them. The Charity will attempt to accommodate the request, to the best of its ability, within 14 days of receiving such a request. The same will apply in circumstances where personal information is used to facilitate direct marketing by other organisations on behalf of the Charity.
4.5 A person may request details of where their personal information was obtained from and the Charity will endeavour to accommodate such a request within 14 days of receipt, unless it is impracticable or unreasonable to do so.
5. Information Quality
5.1 The Charity will take all reasonable steps to ensure that the personal information being held or collected is accurate, relevant, complete and up-to-date, having regard to the purposes of the use or disclosure of the personal information that is collected.
6. Security and Handling
6.1 The Charity will take all reasonable steps to protect the personal information it holds from misuse, interference, loss, unauthorised access, modification or disclosure.
6.2 Data handling practices are reviewed regularly.
6.3 All sensitive information, as well as client management records are stored separately and shared among employees on a need to know basis.
6.4 Training is constantly reviewed to ensure strict compliance with this policy.
6.5 The Charity will take all reasonable steps to destroy or permanently de-identify personal information regarding a person when it concludes that the information is no longer required for any purpose for which it is able to be used or disclosed and where there is no Act of Law or other regulation which requires the Charity to keep the information.
7.1 If the Charity receives a request to access personal information by the person whose information is being held, the Charity will provide access to the information unless the following exceptions apply:
7.1.1 that access would pose a serious security threat to an individual or a group of people;
7.1.2 where access would impact on the privacy of others;
7.1.3 where the request is frivolous or vexatious;
7.1.4 where the information relates to anticipated or existing proceedings between the Charity and the person and the information would not be provided during the process of discovery to them;
7.1.5 where providing access would jeopardise the Charity’s intention to negotiate with the person;
7.1.6 where providing access would be unlawful, or is denied by a court/ tribunal order;
7.1.7 where providing access would divulge commercially sensitive information; or
7.1.8 where providing access would prejudice the Charity from enforcing action against a person who is engaging in an unlawful activity or any type of misconduct
7.2 The Charity will respond to a request for access of personal information within a reasonable period of time after receipt of the request and will attempt to provide the information in the manner that has been requested, unless it is unreasonable or impracticable to do so.
7.3 The Charity may charge the person an appropriate fee for giving access to personal information.
7.4 Where the Charity refuses to give information due to the reasons referred to in paragraph 7.1 or where the information cannot be provided in the manner requested, the Charity will give the person written notice regarding the refusal. The Charity will ensure that the notice complies with regulations and the Law and includes information about how a person can complain about the refusal.
8. Updating Information
8.1 A person can request the Charity to update personal information being held. The Charity will attempt to update its records within a reasonable period of time and will attempt to ensure that the information being held is accurate, complete and relevant. The same will be done where the Charity finds that information it is holding on a person is inaccurate, incomplete or irrelevant.
8.2 If the Charity refuses to correct personal information when it is requested to do so, it will provide the person who made the request with a written notice about the refusal which complies with regulations and the Law and includes information about how a person can complain about the refusal.
8.3 Where the Charity has disclosed personal information under an Act of Law or other regulation, a person can request the Charity to notify the appropriate departments of the corrections being made to their personal information. The Charity will take all reasonable steps to update the relevant departments unless it is impracticable or unlawful to do so.
8.4 A person may request that a statement is provided by the Charity highlighting that certain information is inaccurate, irrelevant or incomplete. The Charity will answer the request within a reasonable amount of time and will take reasonable steps to ensure that the statement is able to be seen by the person making the request.
9.1 The Charity will consider all complaints made regarding a decision by the Charity to refuse access to personal information requested by a person or a decision not to correct a person’s personal information.
9.2 The Charity will respond in a reasonable amount of time after receipt of the complaint. The response to the complaint is not appealable.
9.3 A person may make a complaint about how the Charity handles their personal information to the Office of the Australian Information Commissioner and may access further information regarding this on the following website: http://www.oaic.gov.au/privacy/privacy-complaints.
10. Transparent Management of Information
10.1 This policy will be publically available on the Charity website at http://aussiekidzcharity.org.au and reasonable steps will be taken to provide a copy of this policy upon request.
10.2 Any request, enquiry or complaint regarding this policy, or in connection to obtaining personal information should be directed to the Charity Privacy Officer as follows:
Name: Anthony Leutenegger
Address: PO Box 2476 Fortitude Valley QLD 4006
10.3 When requested, the Charity will take reasonable steps to inform the person about the type of personal information that is being held, the purposes for which this information is held and how the information is held, used or disclosed.
10.4 The Charity has procedures in place to ensure that it complies with an Act of Law or other regulations. A person may contact the Charity with questions or complaints regarding the Charity’s compliance with the Law.
11.1 The Charity will ensure that this policy is renewed annually and will reflect any changes in the Law.