Lord Mayor’s Charitable Trust ABN 56 804 674 564 (LMCT) acknowledges and respects every individual’s legal right to privacy. LMCT acknowledge that information held regarding an individual is very sensitive and it aims to ensure that any information held is secure and kept confidential. This policy contains the steps taken by LMCT relating to the collection, holding, use and disclosure of personal and sensitive information relating to an individual and/or their parent or guardian as is required by the Privacy Act 1988 (Cth).
LMCT is bound by the Australian Privacy Principles of the Privacy Act 1988 (Cth). Its obligations are set out in full in the Privacy Act 1988 (Cth) 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 with LMCT. 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.
In this policy:
consent is a voluntary and informed agreement by an individual to something being done by LMCT. Where LMCT considers that an individual is unable to provide consent, LMCT will ask the individual’s parent or guardian to provide the consent.
direct marketing is the promotion of LMCT’s fundraising efforts, training and other related activities.
individual refers to any natural person whose information has been obtained by LMCT and may include an individual’s parent or guardian.
personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, regardless of whether the information or opinion is true or not or recorded in material form or not. Personal information collected by LMCT includes contract details, qualifications, personal history, financial information or information regarding complaints made by an individual and may include sensitive information.
primary purpose refers to activities that LMCT takes part in for which LMCT collects information, examples of which include:
- providing services for the community, especially for disabled and/or underprivileged people or other related activities;
- interviewing, examining, positioning and engaging with LMCT volunteers;
- examining, explaining and distributing information regarding any new legislation relevant to its activities;
- providing or updating training and employment services;
- connecting and engaging with members and supporters;
- conducting assessments and reference checks of any person connected to or receiving assistance from LMCT;
- obtaining donations;
- collecting personal information or images from LMCT’s archives and/or publications; and
- sharing information with any other charity to further the work of LMCT 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 LMCT 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 LMCT operates on a diverse framework and because of this it collects personal and sensitive information from individuals 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, LMCT will only collect personal information by lawful and fair means.
2.3 At the time of, or as soon as is practicable after, collection LMCT will notify or make sure the individual is aware of LMCT’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 LMCT usually discloses information with.
2.4 If LMCT collects information about an individual from a third party, it will take reasonable steps to ensure that the individual is or has been made aware of this and will comply with the requirements mentioned in paragraph 2.3.
2.5 If LMCT receives personal information, it will decide, within a reasonable period of time, whether the information could have been lawfully collected by LMCT itself, if so, LMCT will ensure that it complies with the requirements in paragraph 2.3. If LMCT concludes that this information could not have been obtained by LMCT lawfully, LMCT, providing it is lawful and reasonable to do so, will destroy the information provided that the information is not required to be kept by law.
2.6 LMCT will not collect sensitive information about an individual unless the individual has consented to the collection of such information and the information is required by LMCT to conduct one or more of its functions or activities or if the collection is authorised under law.
3.1 LMCT may use personal information collected from an individual for a primary purpose notified to that individual.
3.2 If the information is of a sensitive nature then LMCT will only use the information for a primary purpose or a directly related purpose that an individual has consented to.
3.3 LMCT may sometimes use or disclose personal information about an individual for a secondary purpose. Personal information may only be disclosed for a secondary purpose in very limited circumstances. LMCT, when reasonable, will seek consent from the relevant individual before using their personal information for a secondary purpose.
3.4 Information for a secondary purpose may be used by LMCT in circumstances where an individual has consented to the use or disclosure or where an individual would reasonably expect that the information would be used for the secondary purpose.
4.1 LMCT may only use personal information of an individual for direct marketing where an exception applies under law. Where LMCT is permitted to use or disclose personal information for direct marketing it will allow the individual to “opt out” and will respect the individual’s request to do so.
4.3 Personal information, other then sensitive information, regarding an individual, obtained directly or indirectly, may be used for direct marketing if it was collected by LMCT and the individual would reasonably expect that the information will be used or disclosed for direct marketing. LMCT will provide an option allowing the individual to not receive direct marketing communications from LMCT. Where an individual opts not to receive direct marketing communications from LMCT, LMCT 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, an individual may ask LMCT to stop sending marketing communications to them. LMCT 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 LMCT.
4.5 An individual may request details of where their personal information was obtained from and LMCT will endeavour to accommodate such a request within 14 days of receipt, unless it is impracticable or unreasonable to do so.
5. Information Quality
LMCT 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 LMCT 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 LMCT will take all reasonable steps to destroy or permanently de-identify personal information regarding an individual 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 law which requires LMCT to keep the information.
7.1 If LMCT receives a request to access personal information by the individual whose information is being held, LMCT 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 individuals;
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 LMCT and the individual and the information would not be provided during the process of discovery to them;
7.1.5 where providing access would jeopardise LMCT’s intention to negotiate with the individual;
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 LMCT from enforcing action against an individual who is engaging in an unlawful activity or any type of misconduct.
7.2 LMCT 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 LMCT may charge the individual an appropriate fee for giving access to personal information.
7.4 Where LMCT 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, LMCT will give the individual written notice regarding the refusal. LMCT will ensure that the notice complies with all legal requirements and includes information about how a individual can complain about the refusal.
8. Updating Information
8.1 A individual can request LMCT to update personal information being held. LMCT 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 LMCT finds that information it is holding on an individual is inaccurate, incomplete or irrelevant.
8.2 If LMCT refuses to correct personal information when it is requested to do so, it will provide the individual who made the request with a written notice about the refusal which complies with all legal requirements and includes information about how the individual can complain about the refusal.
8.3 Where LMCT has disclosed personal information under a law, an individual may request LMCT to notify the entity who received the personal information of the corrections being made to their personal information. LMCT will take all reasonable steps to update entities who receive personal information from LMCT unless it is impracticable or unlawful to do so.
8.4 An individual may request that a statement is provided by LMCT highlighting that certain information is inaccurate, irrelevant or incomplete. LMCT 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 individual making the request.
9.1 LMCT will consider all complaints made regarding a decision by LMCT to refuse access to personal information requested by an individual or a decision not to correct an individual’s personal information.
9.2 LMCT will respond in a reasonable amount of time after receipt of the complaint. The response to the complaint is not appealable.
9.3 An individual may make a complaint about how LMCT 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 publicly available on LMCT website 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 LMCT as follows:
Name: Lord Mayor’s Charitable Trust
Address: 64 Adelaide Street, Brisbane City QLD 4000, AUSTRALIA
10.3 When requested, LMCT will take reasonable steps to inform the individual 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 LMCT has procedures in place to ensure that it complies with its obligations under the Privacy Act 1988 (Cth). An individual may contact LMCT with questions or complaints regarding LMCT’s compliance with the Privacy Act 1988 (Cth).
LMCT will ensure that this policy is renewed annually and will reflect any changes in the Privacy Act 1988 (Cth).