Council seeks to responsibly manage any personal information or health information it handles.
Council is committed to ensuring full compliance with the privacy principles outlined in the Privacy and Data Protection Act 2014, the Victorian Health Records Act 2001 and the Federal Privacy Act.
The below Privacy Plan has been successfully implemented, with Council continuing to monitor and review its compliance
Council's Privacy Plan
1. Council believes that the responsible handling of personal information and health information is a key aspect of democratic governance, and is strongly committed to protecting an individual's right to privacy. Accordingly, Council is committed to full compliance with its obligations under the Privacy and Data Protection Act 2014 and the Health Records Act 2001. In particular, Council will comply with the Information Privacy Principles contained in these Acts.
2. This Policy applies to both personal information and health information held by Council.
3. "Personal information" means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, other than certain health or generally available information.
4. Council holds personal information on its citizens (eg. names and addresses) in order to carry out its functions (eg. planning, building, valuations, community and property services). In some instances, personal information may be contained on public registers and statutory records (eg. building permits, planning permits, food premises, animal registration and voters' roll).
5. "Health information" means
(a) information or an opinion about:
(i) the physical, mental or psychological health of an individual, or
(ii) a disability (at any time) of an individual
(iii) an individual's expressed wishes about the future provision of health services to him or her, or
(iv) a health service provided, or to be provided, to an individual that is also personal (identifying or potentially identifying, recorded) information, or
(b) other personal information collected to provide, or in providing, a health service, or
(c) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
6. Council may also hold sensitive information. Sensitive information includes information or an opinion about an individual's racial or ethnic origin, political opinions, trade union membership, philosophical or religious beliefs, sexual preferences or criminal record.
7. Council will only collect personal information or health information that is necessary for carrying out its functions and activities. In some circumstances, Council is required by law to collect personal information. Council will only collect sensitive information where you have consented or as otherwise permitted under legislation.
8. If it is reasonable and practicable to do so, Council will collect personal information and health information directly from you. When doing so, it will inform you of the matters set out in the legislation, including the purpose(s) for which the information is collected and will use lawful and fair means. If Council collects personal information or health information about you from a third party, it will take reasonable steps to make you aware of this.
Use and Disclosure
9. Council will only use personal information or health information within Council, or disclose it outside Council, for the purpose for which it was collected or in accordance with the legislation (eg. where you have consented or where it would reasonably expect this to occur).
10. Council will endeavour to maintain a secure system for storing personal information and health information. Information systems and operational policies and procedures are in place to protect personal information and health information from misuse and loss and from unauthorised modification or disclosure.
11. Council will dispose of personal information where it is no longer necessary to fulfil the purposes for which the information was collected or as required by law.
Access and Correction
12. Any person wishing to access their personal information details held by Council may contact Council's Privacy Information Officer on tel: 9205 5110. Access will be provided except in the circumstances outlined in the legislation, or where the Freedom of Information Act 1982 applies.
13. If you believe that your personal information is inaccurate, incomplete, or out of date, you may request Council to correct and update the information. Your request will be dealt with in accordance with the legislation.
14. Where lawful and practicable, Council will give you the option of not identifying yourself when supplying information or entering into transactions with Council.
Transborder Data Flow
15. Council may transfer personal information or health information about an individual to someone (other than the organisation or the individual) who is outside Victoria only if prescribed conditions apply.
Transfer or Closure of Practice of Health Service Provider
16. If the practice or business of a health service provider operated by Council is to be transferred or closed, Council will comply with a prescribed set of procedures and give notice to former clients and the public.
Making Information Available to another Provider
17. If you request Council as a health service provider to make its health information available to another provider, Council will comply with your request as soon as practicable.
18. While personal information and health information is usually handled by Council staff, Council may outsource some of its functions to third parties. This may require the contractor to collect, use or disclose certain personal information (eg. garbage collection and recycling, meals service). Contractors are contractually obliged to comply with the requirements of the legislation in all respects.
19. If you feel aggrieved by Council's handling of your personal or health information, may make a complaint to the Council's Privacy Officer on 9205 5110.
20. Your complaint will be investigated as soon as possible (no later than five business days) and you will be provided with a written response.
21. Alternatively, you may make a complaint to the Privacy Commissioner (although the Commissioner may decline to hear the complaint if you have not first made a complaint to Council).
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Executive Manager – Chief Executive’s Office