Privacy Policy Appendix 1

Commissioner: President

Governance, finance, resources and corporate administration of Commission

Personal details

e.g. your name and contact details.

We use this information to stay in contact about your question or issue.

We will not share your information unless you agree, or it is required by law.

Employee information

e.g. applications for employment, work history, referee comments and pay.

Personnel files are kept maintaining records about all aspects of employment including recruitment, employment history, payroll, leave, equal employment opportunity data, workplace relations, security clearances, performance, workplace health and safety, rehabilitation and compensation. Records are kept for all permanent, contracted and temporary staff members/employees, including volunteers.

Personal information is disclosed to ACT Government Shared Services on a ‘need to know’ basis for the purposes of administering payroll, and to travel providers under the whole of government travel arrangements.

Financial Information

e.g. bank account and payment details, TFN, information about business and financial interests.

We use this information to:

  • make payments for goods or services; and
  • charge for goods or services.

We will not share your financial information unless required by law.

Territory records

e.g. records of all information created or collected as part of the work of the Commission.

We use this information to maintain a record of the Commission’s business operations

The Territory Records Act 2002 requires us to maintain and protect Territory records.

Territory records can only be disclosed as required by law.

We may disclose Territory records in response to requests under the Freedom of Information Act 2016, but only where it is in the public interest.

Reporting on systemic matters and reporting obligations

Case study information

e.g. information about your story or case.

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to report to the Government, Legislative Assembly, community and media about specific problems or issues.

Commissioner: Human Rights Commissioner

Providing advice on human rights

Statistics and case study information

e.g. number of people accessing our services and information about their story or cases

We may use your personal information to compile data and statistics about issues for research, service improvement or training and to give advice and make recommendations on human rights.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Community education and training

Statistics and case study information

e.g. number of people accessing our services and information about their story or cases

We may use your personal information to compile data and statistics about issues for research, service improvement or training, and may also give advice and make recommendations.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Systemic oversight and advice to Government

Personal information

e.g. information about your story or case

We use your personal information to consider whether agencies are meeting their human rights obligations and to develop advice and recommendations to Government.

We may publish this information in a form that does not reveal your personal details to report to the Government, Legislative Assembly, community and media on specific problems or issues.

Review effects of Territory laws on human rights including the monitoring of places of detention

Statistics

e.g. number of people accessing our services

We may use your personal information to compile data and statistics about issues for research, service improvement or training and give advice and make recommendations.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Case study information

e.g. information about your story or case

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to report to the Government, Legislative Assembly, community and media on specific problems or issues.

Commissioner: Discrimination, Health Services, Disability and Community Services Commissioner

Consider complaints about unlawful discrimination, vilification and sexual harassment under the Discrimination Act 1991

Personal details

e.g. your name, date of birth, address and contact details

We use this information to stay in contact with you about your complaint and keep you updated.

We are required to share this information with the individual or organisation that you are complaining about so they can provide us with background to the issues.

We may share this information with a court or tribunal as required by law.

Complaint records

e.g. your name, address, date of birth, occupation, circumstances of the incidents in your complaint and personal health information

We use this information to keep track of your complaint and to investigate it.

We are required to share this information with the individual or organisation that you are complaining about so that they can provide us with background to the issues.

We may share this information with other agencies to understand the issues.

If we cannot help with your complaint, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission.

Investigation records

e.g. sensitive personal information about your sex or gender status, status as a parent or carer,relationship status, pregnancy, race, religious or political conviction, impairment, accommodation status, employer or employee organisation membership, age, employment records, criminal convictions, personal financial information, personal health information and medical opinion

We have the power to ask for information, documents and other things as part of a complaint investigation. You must comply with a request from us.

You may be required to attend and answer questions about a discrimination complaint investigation.

We use this information to help determine whether discrimination has occurred and to prepare for and hold a conciliation meeting about a possible resolution.

If we compel information from you, this information cannot be used against you in other criminal or civil matters.

There are times when information you have provided for a complaint may be provided to another agency without your consent. This will only occur where there is a risk to your or someone else’s safety, or a risk to the general public.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005.

If a discrimination complaint is closed, is withdrawn, or not successfully resolved, the Commission must offer you the option to take your complaint to the ACAT. A complaint can only be referred to ACAT if you agree. We may need to provide information to the ACT Civil and Administrative Tribunal about your complaint.

Conciliation information

e.g. notes from conciliations, draft conciliation agreements, records of compliance with conciliation agreements

The Commission can only use information in a conciliation agreement with the consent of the parties.

The Commission is required to keep conciliation records and details confidential in accordance with the Human Rights Commission Act 2005.

Conciliation information is not admissible as evidence.

The general terms of a written conciliation agreement will be registered with the ACAT, which can then be enforced as if it were an ACAT order.

Consider complaints about ACT health services; complaints about breaches of the Health Records (Privacy and Access) Act 1997.

Personal details

e.g. your name, date of birth, address and contact details

We use this information to stay in contact with you about your complaint and keep you updated.

We are required to share this information with the individual or organisation that you are complaining about so that they can provide us with background to the issues.

We may share this information with a court or tribunal as required by law.

Complaint records

e.g. name, address, date of birth, occupation, circumstances of the incidents in your complaint

We use this information to keep track of your complaint and to investigate it.

We are required to share this information with the individual or organisation that you are complaining about so that they can provide us with background to the issues.

We may share this information with other agencies to support us to gather information and understand the issues.

If we cannot help with your complaint, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission.

Health records

e.g. GP visit notes, information about any conditions, mental health assessment, hospital treatment information, information about addictions

We will use this information to help us decide if you have received appropriate care and treatment that is consistent with the rules applying to the health service provider.

Medical records can only be shared in accordance with the Health Records (Privacy and Access) Act 1997 where sharing them is required or allowed by law.

Investigation records

e.g. sensitive personal information about your sex, sex or gender status, relationship status, status as a parent or carer, pregnancy, race, religious or political conviction, impairment, accommodation status, employer or employee organisation membership, age, employment records, criminal convictions, personal financial information, personal health information and medical opinion

We have the power to ask for information, documents and other things as part of a complaint investigation. You must comply with a request from us.

You may be required to attend and answer questions about a complaint investigation.

We use this information to help determine whether the health service provider has give appropriate care or provided care in accordance with the applicable standards. If the Health Services Commissioner receives a complaint about a health practitioner, the Commissioner must tell the national board for the practitioner’s health profession about the complaint. The national board and Commissioner must try to reach agreement about how the complaint is to be dealt with.

Medical records can only be shared in accordance with the Health Records (Privacy and Access) Act 1997 where they are required or allowed by law.

There are times when information you have provided for a complaint may be provided to another agency without your consent. This will only occur where there is a risk to your or someone else’s safety, or a risk to the general public.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005.

Conciliation information

e.g. notes from conciliations, draft conciliation agreements, records of compliance with conciliation agreements

The Commission can only use information in a conciliation agreement with the consent of the parties.

The Commission is required to keep conciliation records and details confidential in accordance with the Human Rights Commission Act 2005.

Conciliation information is not admissible as evidence.

Consider complaints about services for older people and people with disability and services for children and young people

Personal details

e.g. your name, date of birth, address and contact details

We use this information to stay in contact with you about your complaint and keep you updated.

We are required to share this information with the individual or organisation that you are complaining about so that they can provide us with background to the issues.

We may share this information with a court or tribunal as required by law.

Complaint records

e.g. name, address, date of birth, occupation, circumstances of the incidents in your complaint and personal health information

We use this information to keep track of your complaint and to investigate it.

We may share this information with other agencies to understand the issues.

If we cannot help with your complaint, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission.

Investigation records

e.g. sensitive personal information about your sex, sex or gender status, relationship status, status as a parent or carer, pregnancy, race, religious or political conviction, impairment, accommodation status, employer or employee organisation membership, age, employment records, criminal convictions, personal financial information, personal health information and medical opinion

We have the power to ask for information, documents and other things as part of a complaint investigation. You must comply with a request from us.

You may be required to attend and answer questions about a complaint investigation.

We use this information to help determine whether there has been a failure of the service provider to provide appropriate services or to provide services in accordance with the applicable standards.
There are times when information you have provided for a complaint may be provided to another agency without your consent. This will only occur where there is a risk to your or someone else’s safety, or a risk to the general public.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005.

Conciliation information

e.g. notes from conciliations, draft conciliation agreements, records of compliance with conciliation agreements

The Commission can only use information in a conciliation agreement with the consent of the parties.

The Commission is required to keep conciliation records and details confidential in accordance with the Human Rights Commission Act 2005.

Conciliation information is not admissible as evidence.

Commissioner: Public Advocate

Advocating for the rights of people with a disability including those receiving services under the Mental Health Act, and dealing with those service providers

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to support you by linking you to services that can provide services for people with a disability.
If we cannot help with your issues, we may be able to refer one or more of them to another agency that can help you by sharing this information with them after receiving your permission or where authorised or required by law.

Statistics

e.g. number of people accessing our services

We may use your personal information to compile data and statistics about issues for research, service improvement or training.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Case study information

e.g. information about your story or case

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Advocate for the rights of children and young people and deal with services

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to help to support you by linking you to services that can provide services for children and young people.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission or where authorised or required by law.

Statistics

e.g. number of people accessing our services

We may use your personal information to compile data and statistics about issues for research, service improvement or training.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Case study information

e.g. information about your story or case

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Represent forensic patients in ACAT

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to contact service providers to collect information relevant to assisting you.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission or where authorised or required by law.

Medical and mental health records

e.g. records of capacity assessments, advance consent directions, orders made by ACAT

We use this information to understand your situation and your will and preferences and to advocate for your rights in the Tribunal.

We will be required to share this information with the Tribunal to help them decide how you can receive assessment and treatment, care or support in a way that is least restrictive or intrusive to you.

Listen to and investigate concerns

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to contact service providers to collect information relevant to assisting you.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission or where authorised or required by law.

Concern records

e.g. name, address, date of birth, occupation, circumstances of the incidents in your complaint and personal health information

We use this information to investigate your concerns.

We may share this information with other agencies to understand the issues.

If we cannot help with your concern, we may be able to refer your issue to another agency that can help you by sharing this information with them after receiving your permission or where authorised or required by law.

Operations records

e.g. organisational policies, procedures, incident registers, contracts for goods and services

We collect this information to understand the way organisations and service providers operate and provide services as well as their corporate and administrative processes.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005.

We may be authorised or required to share this information under law.

Investigation records

e.g. sensitive personal information about your sex, sex or gender status, relationship status, status as a parent or carer, pregnancy, race, religious or political conviction, impairment, accommodation status, employer or employee organisation membership, age, employment records, criminal convictions, personal financial information, personal health information and medical opinion

We use this information to help determine whether a service provider or government agency has failed to protect the interests of vulnerable people.

There are times when information provided by you may be provided to another agency without your consent. This will only occur where there is a risk to your or someone else’s safety, or a risk to the general public.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005.

Monitoring services for the protection of children and young people

Personal details

e.g. your name, date of birth, address, criminal history, details about your case, how you might have been treated, and contact details that are provided by service providers and operators of closed environments.

We use this information to ensure service for children and young people are operating lawfully and effectively, including through reviewing registers of how certain powers are used (e.g. use of force or strip searching), reports of critical incidents and querying the basis for a decision about a child or young person.

The Commission is required to keep these records confidential in accordance with the Human Rights Commission Act 2005 and Children and Young Person Act 2008.

We may be authorised or required to share this information by law.

Commissioner: Children and Young People Commissioner

Consult with and listen to children and young people

Consultation records

e.g. minutes of discussions, attendee lists

We use this information to inform government about the views of children and young people.

We may publish this information in a form that does not reveal your personal details to provide advice to government and service providers.

Statistics

e.g. number of people accessing our services

We may use data from your personal information to compile statistics about issues for research, service improvement or training.
We may publish this information in a form that does not reveal your personal details to provide training or community education.

Case study information

e.g. information about your story or case

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to provide training or community education.

Commissioner: Victims of Crime Commissioner

Manage victims services scheme and financial assistance scheme

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to contact you and service providers to collect information relevant to assisting you.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them generally with your permission.

Information about crimes

e.g. details about offence, offender, victim impact statements, records, sentence information

We will collect this information to determine your eligibility, to assist you in relation to interactions with the criminal justice system and/or to assess your application for financial assistance.

Secrecy provisions apply to this information under the Victims of Crime Act 1994 or the Victims of Crime (Financial Assistance) Act 2016

We will not share this information with anyone except as required by law. For example, we are required to make a mandatory child safety concern.

Financial Information

e.g. payment details, bank account details

We collect financial details to allow us to make payments to you.

We will not share this information with anyone except as required by law.

Personal details

e.g. your name, date of birth, address and contact details

We will use this information to contact you.

If we cannot help with your issues we may be able to refer your issue to another agency that can help you by sharing this information with them generally after we receive your permission.

Advocate for the interests of victims in the criminal justice system and of a forensic patient under the Mental Health Act 2015

Medical and mental health records

e.g. orders made by ACAT

We collect health records to determine if an injury has resulted from a crime.

We use this information to identify what information can be provided to a victim about the forensic patient.

The Victims Support scheme is declared to be a health service provider for the Health Records (Privacy and Access) Act 1997 so all personal information about clients is treated as a health record.

We will use this information to provide information to the affected person on behalf of the Affected Persons register – in accordance with the Mental Health Act 2015.

Case study information

e.g. information about your story or case

We use this information to understand your experiences and how public authorities and organisations respect your rights.

We may publish this information in a form that does not reveal your personal details to provide training or community education

Personal details

e.g. your name, date of birth, address and contact details

We use this information to contact service providers to collect information relevant to assisting you

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them generally after we receive your permission.

Monitor and promote compliance with the governing principles

Information about crimes

e.g. details about offence, offender, victim impact statements, court records, sentence information

We will collect this information to assess whether justice agencies like the police, prosecution service, courts and corrective services are complying with their obligations to you as a victim.

Secrecy provisions apply to this information under the Victims of Crime Act 1994. We will not share this information with anyone except as required by law.

Personal and complaint details

e.g. your name, date of birth, address and contact details

We will use this information to contact service providers to collect information relevant to assisting you.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them generally after we receive your permission.

Ensure concerns and formal complaints about compliance with the governing principles are dealt with

Information about crimes

e.g. details about offence, offender, victim impact statements, court records, sentence information

We will collect this information to assess whether justice agencies like the police, prosecution service, courts and corrective services are complying with their obligations to you as a victim. Secrecy provisions apply to this information under the Victims of Crime Act 1994.

Personal and complaint details

e.g. your name, date of birth, address and contact details

We will use this information to contact service providers to collect information relevant to assisting you.

If we cannot help with your issues, we may be able to refer your issue to another agency that can help you by sharing this information with them.

Encourage and facilitate cooperation of justice agencies

Information about crimes

e.g. details about offence, offender, victim impact statements, court records, sentence information

We will collect this information to assess what needs you have and who is best placed to assist you to navigate the justice system.

We will share this information with justice system agencies so that can cooperate in good faith to provide the assistance and support that you require

Secrecy provisions apply to this information under the Victims of Crime Act 1994.