Murray Mallee Training Company Ltd (MMTC Ltd) has adopted and will apply the National Privacy Principles contained in the Privacy Amendment (Private Sector) Act, to govern the ways in which it collects, uses and disposes of personal information that comes into its possession.
Manner and purpose of collection of personal information
MMTC Ltd will only collect personal information that is relevant to our business and do so fairly.
MMTC Ltd shall not collect personal information unless:
- The information is collected for the purpose that is a lawful purpose directly related to the function or activity of the MMTC Ltd and
- The collection of the information is necessary for or directly related to that purpose.
Murray Mallee Training Company Ltd shall not collect personal information by unlawful or unfair means.
When collecting personal information for inclusion in a record and the information is solicited by MMTC Ltd. The Company shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of:
- The purpose for which the information is being collected,
- Whether the collection of the information is authorised or required by or under law – the fact that the collection of the information is so authorised or required; and
- Any person to whom, or any body or agency to which, it is the collector’s usual practice to disclose personal information of the kind so collected, and (if known by the collector) any person to whom, or any body or agency to which, it is the usual practice of that first-mentioned person, body or agency to pass on that information. When collecting personal information for inclusion in a record and the information is solicited by MMTC Ltd. The Company will also take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is collected:
- That the information collected is relevant to that purpose and is up to date and complete; and
- The collection of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
Storage and Security of Personal Information
MMTC Ltd will take reasonable steps to protect all personal information in its possession, to ensure integrity of the information and that it is only accessed by those people whom MMTC Ltd authorises to do so. Personal information that is no longer needed by Murray Mallee Training Company Ltd nor required to be held by law will be destroyed by secure means, or modified so that the data cannot be traced back to the person concerned. MMTC Ltd will keep records secure and shall ensure:
- Against loss or against unauthorised access, use, modification, disclosure, and against other misuse; and
- If it is necessary for the record to be given to a person in connection with the provision of a service to MMTC Ltd will do everything reasonably within the power of the record keeper is done to prevent unauthorised use or disclosure of information contained in the record.
Access to Records Containing Personal Information
MMTC Ltd allows individuals to access any personal data held about them, and a person on whom MMTC Ltd holds personal information may apply to the:
Murray Mallee Training Company Ltd
PO Box 254
SWAN HILL, VIC, 3585
or contact the Business Manager by phone on 03 50331216 to view the personal information held on them. MMTC Ltd will take reasonable steps to confirm the identity of the person making the request and will respond within 14 days of receiving the request. However, where the request is more complex or time consuming to comply with, MMTC Ltd will provide access to the information requested within 28 days.
MMTC Ltd reserves the right to deny access to personal information, where MMTC Ltd is required or authorised to not provide an individual with such access under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents, or where it would be in response to a frivolous or vexatious request.
Alteration of Records Containing Personal Information
MMTC Ltd will alter personal records held if they are not accurate and complete and shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that a record containing personal information:
- Is accurate; and
- Is, having record to the purpose for which the information was collected or is to be used and to any purpose that is directly related to that purpose, relevant, up to date, complete and not misleading;
- Though this will be limited to the extent that any applicable limitation in a law of the Commonwealth, that provides a right to require the correction or amendment of documents.
Where MMTC Ltd is not willing to amend a record containing personal information, by making a correction, deletion or addition, in accordance with a request by the individual concerned, and no decisions or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth, then MMTC Ltd shall, if the individual requests, take reasonable steps to associate a statement from the individual that the information is not correct with the relevant record(s) held by MMTC Ltd. The Company will always provide reason(s) should it deny access to or correction of personal information it holds.
Accuracy of Personal Information Checked Before Use
Before using personal information, MMTC Ltd will be reasonably sure it is accurate, and will take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.
Limits on Use and Disclosure of Personal Information
MMTC Ltd will only use or disclose personal information for the purpose(s) originally explained when the information was collected and for any related purpose that would reasonably be expected by both the individual concerned and MMTC Ltd. The Company will neither use nor disclose personal information without the person’s consent, unless:
- Consent has been given by the individual concerned;
- The individual concerned is reasonably likely to have been aware, or was made aware, that information of that kind is usually passed to that person, body or agency; or
- MMTC Ltd believes that the use or disclosure of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person;
- Such use or disclosure to 3rd parties is required or authorized by or under law;
- Such use or disclosure to third parties is reasonably necessary for the enforcement of the criminal law or a law imposing a pecuniary penalty, or for the protection of the public revenue; or
- The purpose for which the information is used or disclosed to a third party is directly related to the purpose for which the information was obtained.
If MMTC Ltd is required to use or disclose to a third party personal information for the enforcement of the criminal law, a law imposing a pecuniary penalty, or for the protection of the public revenue, MMTC Ltd will record such use or disclosure in the record containing that information.
Any third party to whom such personal information is disclosed shall not use or disclose the information for purpose other than the purpose for which the information was given to the person, body or agency.
MMTC Ltd will not use an identifier assigned to an individual by a Government Agency as its own identifier; nor will it provide such an identifier to a third party without the individuals consent, unless:
- Disclosure is necessary for Murray Mallee Training Company Ltd to fulfil its obligations to the Agency
- It is required for health or other emergency reasons
- It is required to investigate suspected fraud or unlawful activity
- It is required or authorised by law or for law enforcement
Trans-border Data Flows
- The transfer is necessary for the performance of a contract between MMTC Ltd and the individual, or for the implementation of pre-contractual measures taken in response to the individual’s request
- The transfer is necessary for the performance or conclusion of a contract between MMTC Ltd and a third party that is in the interests of the individual concerned. The transfer is for the benefit of the individual; it is impractical to obtain the individual’s consent and, if it were, the individual would be likely to give it.
MMTC Ltd will not, without the consent of the individual, collect information concerning that individual’s racial or ethnic origins; political opinions; membership of a political, philosophical or religious beliefs or affiliations; sexual preferences or practices or health information unless, it is required by law.
People wishing to complain about any aspect of MMTC Ltd’s management of their personal information may either write to the Business Manager setting out full details of their complaint.
The Business Manager will maintain a record of all complaints received, including:
- The name and contact details of the complainant
- The date and nature of the complaint
- Details of the person(s) investigating the complaint
- The outcome of the investigations
- The dates and details of all contacts made with the complainant
The Business Manager will hold these records in a secure manner. Otherwise, they will only be made available, if required or authorised by law or to assist with any investigations carried out by the office of the Federal Privacy Commissioner.
The Business Manager will also be responsible for investigating privacy complaints. All complaints will be acknowledged within seven working days and a full response given within 28 days. Where it is not possible to complete the investigation of a complaint within 28 days, the complainant will be contacted once twenty-eight days have elapsed with an estimate of when the investigation will be completed.