No to Violence (NTV) is committed to responsibly handle and protect the privacy of Personal Information which the organisation collects, holds, and administers, and to protect an individual’s right to privacy. Accordingly, NTV is committed to full compliance with its privacy obligations. This includes Personal Information collected from job applicants, clients, funding bodies and members.
The purpose of this Policy is to ensure that all employees of NTV protect the privacy of all Personal Information collected and recognise the importance of treating Personal Information confidentially.
NTV recognises the essential right of individuals to have their information administered in ways which they would reasonably expect – protected on one hand, and made accessible to them on the other. These privacy values are reflected in and supported by the organisation’s core values and ethics. NTV collects and administers a range of personal information for the purposes of membership, and providing telephone counselling and referrals to men who use violence; men who are victims of violence, family members, colleagues, and acquaintances of men who use violence; and other workers in the Family Violence sector. The organisation is committed to satisfying all legal and ethical obligations regarding the protection of personal, private, and confidential information.
NTV will only collect personal information that is necessary for its functions and activities. In some instances, it is required by law to collect personal information. NTV will only collect Sensitive Information where you have consented or as otherwise permitted under the Act.
If it is reasonable and practicable to do so, NTV will collect personal information and health information about individuals directly from those individuals. When collecting personal or health information, NTV will take reasonable steps to advise people of what information is being sought, for what purpose, whether any law requires the collection of the information and the main consequences, if any, of not providing the information.
LGBTIQA+ Privacy Rights
The right to privacy is of particular importance to members of the LGBTIQA+ community, as breaches of privacy can have significant consequences, including increased risk of discrimination.
The Privacy Act 1988 (Cth) gives protection to information about an individual’s sexual orientation or practices.
Under the terms of the Act, information about a person’s sexuality is classified as ‘Sensitive Information’. Information about gender identity and sex is not classified as Sensitive Information. However, subsets of this information, such as whether a person has an intersex variation, is transgender, or identifies as gender diverse or non-binary, are still highly delicate and NTV treats such information with additional care. The NTV Information Collection Policy (LGBTIQA+) is in place to further support this commitment.
Use and Disclosure
NTV will only use Personal Information or health information internally, or disclose it outside NTV, for the purpose for which it was collected or in accordance with applicable law (e.g. where you have consented or where it would reasonably be expected for this to occur).
NTV will take reasonable steps to ensure the personal information and health information it holds is accurate, complete, up-to-date and relevant to the functions it performs.
NTV will endeavour to maintain a secure system for storing Personal Information and health information. Technological and operational policies and procedures are in place to protect Personal Information from misuse and loss and from unauthorised modification or disclosure.
NTV will dispose of Personal Information and health information where it is no longer necessary to fulfil the purposes for which the information was collected or as required by law.
When using the NTV website you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although NTV will strive to protect such information, NTV do not guarantee the security of any information that is transmitted over the Internet and any information transmitted is done at the client’s own risk.
NTV will provide a copy of this policy to any person who requests it.
Access and Correction
Any person wishing to access their Personal Information details held by NTV may contact NTV’s Governance and Compliance Manager on 03 9487 4500. Access will be provided except in the circumstances outlined under applicable laws.
Anyone who believes that their Personal Information or health information is inaccurate, incomplete or out of date may request NTV to correct the information. Each request will be dealt with in accordance with the applicable law.
Whilst this is not common practice, NTV will only assign a number to identify a person if the assignment is reasonably necessary to carry out its functions effectively.
Where lawful and practicable NTV will give the client the option of not identifying themselves when supplying information or entering into transactions with it.
Trans-border Data Flow/Making Information Available to Other Service Providers
NTV may transfer Personal Information or health information about an individual to someone (other than the organisation or the individual) who is outside Victoria (other states and territories) only if permitted by the Act. In doing so, NTV will make every endeavour to take reasonable steps to ensure the recipient protects information in the same manner as NTV.
Personal Information will only be released with that individual’s expressed permission. For Personal Information to be released, the individual must provide written consent or in some minor cases referrals may be made following receiving consent via telephone or webchat.
Personal Information will be released to police (and other associated legal entities e.g. courts) requests only when the organisations are presented with all appropriate legal documentation, unless there is a risk of harm. In these cases, the Governance and Compliance Manager may release all pertinent information directly to the party concerned.
Further, information disclosed in connection with our services in Victoria that is prescribed under the Family Violence Information Sharing (Part 5A of the Family Violence Protection Act 2008) and Child Information Sharing (The Children Legislation Amendment (Information Sharing) Act 2018) Schemes or similar laws may not require consent of the individual. Clients engaged with our services are advised that Information Sharing Schemes apply when they commence with one of our services.
While Personal Information and Health Information are usually handled by NTV staff, the organisation may on occasion outsource some of its functions to third parties. This may require the contractor to collect, use or disclose certain Personal Information or Health Information. All contractors are contractually obliged to comply with the requirements of the Acts in all respects.
Users of NTV websites are advised that there are inherent risks in transmitting information across the internet. Individuals may contact NTV by phone or mail if they have concerns about making contact via the internet.
Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes. The cookies simply operate as a unique identified, which help NTV to know what its customers find interesting and useful on its websites. Data collected from website use does not identify the user, allowing you to remain anonymous in NTV’s data collection.
Most web browsers are set to accept cookies however, if you do not wish to receive any cookies, you may set your browser to refuse them. In some instances, this will mean that you will not be able to take full advantage of parts of the website that provides you with improved service.
When an individual closes their browser the session cookie set by our websites is destroyed and no Personal Information is maintained which might identify an individual should they visit NTV’s website at a later date.
When individuals only browse NTV websites, NTV does not collect their Personal Information. Sometimes, NTV collects Personal Information that individuals choose to give it via online forms or by email, for example when individuals:
- ask to be on an email list
- send NTV a written comment
When an individual looks at NTV’s website a record is made of the individual’s visit and NTV logs the following information for statistical purposes:
- the individual’s server address
- the individual’s top level domain name (e.g. .com, .org, au)
- the pages the individual accessed, and documents downloaded
- the previous site the individual visited and
- the type of browser being used.
NTV does not identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs.
Use and disclosure
NTV only uses Personal Information collected via its websites for the purposes for which it was provided.
NTV does not share Personal Information about individuals with other organisations or anyone else unless one of the following applies:
- the individual has consented
- the individual would reasonably expect, or has been told, that information of that kind is usually passed to those individuals, bodies or agencies
- it is required or authorised by law
- it will prevent or lessen a serious and imminent threat to somebody’s life or health
- the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
When an individual’s email address is received by NTV because they sent a message to it, the email address will only be used or disclosed for the purpose for which they have provided it and it will not be added to a mailing list or used or disclosed for any other purpose without the individual’s consent.
NTV maintains and update Personal Information collected from or published on its website as necessary or when it is advised by individuals that their Personal Information has changed.
Individuals who choose to join NTV’s email lists, apply to become members, complete online forms or lodge enquiries will have their contact details stored on password protected databases.
Staff members associated with website maintenance have access to NTV’s website backend system which is password protected. NTV’s website server is also password is a secured site. When no longer required, Personal Information collected via the website is destroyed in a secure manner or deleted in accordance with the requirements of our funding bodies and applicable laws.
In the event of an Eligible Data Breach, the Privacy Act 1988 (Cth) requires NTV to notify affected individuals and the Office of Australian Information Commissioner (OAIC).
If any person feels aggrieved by NTV’s handling of Personal Information or health information, they can make a complaint to NTV’s Governance and Compliance Manager 03 9487 4500.
Every complaint will be investigated immediately (but no less than five (5) working days) and the complainant will receive a written response as soon as possible.
If the matter is not resolved satisfactorily within 30 days after lodging the initial complaint to NTV, the individual may refer the matter to the Privacy Commissioner at the OAIC for further investigation and conciliation.
As an alternative, individuals may choose to complain to the Office of the Australian Information Commissioner (OAIC) (website: https://www.oaic.gov.au), the Commissioner for Privacy and Data Protection Commissioner (website: https://www.cpdp.vic.gov.au/) or the Health Complaints Commissioner (website: https://hcc.vic.gov.au/). It should be noted however, that these commissioners can refuse to hear the complaint if it has not first been made to NTV.
Eligible Data Breach is considered to have occurred where personal information held by an agency is lost or subjected to unauthorised access, modification, disclosure, or other misuse of interference as defined by the Privacy Act 1988 (Cth).
Employee: for the purposes of this Policy, reference to Employees includes any person engaged by NTV, including volunteers, students, contractors, sub-contractors or office bearers. The term “staff” can be used interchangeably with this term.
Personal Information: means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Examples of personal information include: name, address, date of birth, sex, marital status and financial details.
Sensitive Information: is a sub-set of Personal 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. NTV will not collect Sensitive Information about an individual unless the individual has consented or collection is required or otherwise permitted under law.
Health Information: NTV keeps some information relating to the health of individuals.
The Health Records Act 2001 (Vic) defines health information to include information or an opinion that is Personal Information and is about:
- the physical, mental or psychological health (at any time) of an individual;
- a disability (at any time) of an individual; or
- an individual’s expressed wishes about the future provision of health services to them; or
- a health service provided, or to be provided, to an individual.’
Principles contained in the Health Records Act apply to the collection, use, storage and disclosure of Health Information insofar as it applies to that subset of information and equivalent laws may apply for individuals located in other jurisdictions.