To set out Cape Schanck Management Services and Controlled Entities (“CSMS”) obligations under the Privacy Act (“the Act”); To establish procedures for the collection, use and disclosure of personal information; To ensure all CSMS staff are aware of their obligations under the Act and are properly informed.
2. THE NEW PRIVACY LAWS
New private sector provisions in the Act regulate the way private sector organisations collect, use, store and disclose personal information and CSMS adheres to standards for handling personal information. The Act contains the National Privacy Principles which set out the minimum standard required.
3. WHAT IS PERSONAL INFORMATION
Personal information is any information or an opinion, whether true or not, which identifies an individual. When personal information concerns certain matters it is considered sensitive information. Sensitive information is information or opinion about an individual’s:
Racial or ethnic origin; Political opinions; Membership of a political organisation; Religious beliefs; Affiliations or philosophical beliefs; Membership of a professional or trade association or membership of a Trade Union; Sexual preferences or practices; Criminal record; Health or disability. Sensitive information cannot be collected without consent.
4. INFORMATION THAT IS EXEMPT
Personal information relating to the employment relationship between CSMS and its employees is exempt from the Act.
5. HOW DOES CSMS COLLECT PERSONAL INFORMATION?
Generally, CSMS will collect personal information directly from an individual. For example, when an individual:
Deals with CSMS in person, by telephone or fax; Submits a Tenancy Application form (Application); Submits a property inspection report.
On occasions CSMS will collect personal information about an individual from someone else. For example, CSMS collects personal information when it makes inquiries made to verify the information provided on an Application.
6. PROCEDURE FOR COLLECTING PERSONAL INFORMATION
When collecting personal information, an individual must be advised of the following:
why the personal information is being collected; to whom it will be disclosed; his or her right to access and correct the information; the main consequences if the information is not provided.
Before submitting an Application, an individual must consent to CSMS collecting, using and disclosing his/her personal information.
Individuals submitting an Application must:
7. HOW CSMS USES AND DISCLOSES PERSONAL INFORMATION
Personal information must only be used for the primary purpose for which it was collected, or for a secondary purpose which is related to the primary purpose. Generally, CSMS uses and discloses personal information for the purpose of assessing an Application and managing tenancies.
Personal information may be disclosed to:
potential or actual landlords; referees; operators of tenancy reference databases.
8. WHAT HAPPENS IF AN INDIVIDUAL DOES NOT SUPPLY PERSONAL INFORMATION?
If an individual does not provide the requested information, CSMS is unable to process the individual’s Application and manage the tenancy.
9. ACCURACY OF PERSONAL INFORMATION
All staff must take reasonable steps to ensure that personal information that is collected, used and disclosed is accurate, complete and up to date.
10. SECURITY OF INFORMATION
All staff must secure personal information in the computer storage facilities and paper based files. Personal information must be protected from misuse, loss, modification and unauthorised disclosure.
Personal information is to be kept no longer than necessary and the securely destroyed.
Secure disposal of paper based records should include:
Shredding, pulping or disintegration of paper files; Contracting authorised disposal company for secure disposal
Secure disposal of electronic records should include overriding records before they are deleted.
11. ACCESS TO PERSONAL INFORMATION
Individuals may gain access to their personal information by making a written request. A request for access must be dealt with in a reasonable time. CSMS may charge a fee to cover the reasonable cost of retrieval and the supply of the information to an individual.
CSMS are not always required to provide personal information on request. CSMS may refuse access to personal information in a number of special circumstances, such as when denying access is required is required by law or when the request is vexatious or frivolous.
If CSMS refuses an individual’s request for access, it must provide the individual with reasons for the refusal.
12. TRANSFERRING PERSONAL INFORMATION OVERSEAS
CSMS must not transfer personal information overseas unless it is authorised by law to do so or the individual has consented to it as part of the services CSMS provides to him or her.
13. QUERIES AND COMPLAINTS
If an individual has any queries about their personal information or wishes to make a complaint about a breach of their privacy they are to contact The General Manager CSMS by:
Mail:Level 14, 257 Collins Street Melbourne Vic 3000
Telephone: 03 9660 9000
Fax: 03 9660 9055
CSMS reserves the right to change its Privacy Statement at any time.