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 including those under:
- Privacy Act 1988 (Cth),
- Health Records Act,
- Privacy and Data Protection Act 2014,
- Charter of Human Rights and Responsibilities 2006, and
- Freedom of Information Act 1982.
Personal information: 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. Examples of personal information include: name, address, date of birth, sex, marital status and financial details.
Sensitive information: 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 under law or necessary to prevent or lesson serious threat to the life, health or safety of, any individual or to public health or safety.
Health information: NTV keeps some information relating to the health of individuals. An example of health information would be medical details kept in employee records relating to a Work Cover claim or disability issues.
The Health Records Act 2001 defines health information to include information or an opinion that is personal information and is about:
(i) the physical, mental or psychological health (at any time) of an individual;
(ii) a disability (at any time) of an individual; or
(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.’
Principles contained in the Health Records Act apply to the collection, use, storage and disclosure of health information.
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.
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 the legislation (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 we strive to protect such information, we do not guarantee the security of any information that you transmit to us over the Internet and you do so at your own risk.
NTV/MRS 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 Operations Manager on 03 9487 4500. Access will be provided except in the circumstances outlined in the legislation, or where the Freedom of Information Act 1982 applies.
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 legislation.
NTV will only assign a number to identify a person if the assignment is reasonably necessary to carry out its functions effectively.
NTV, where lawful and practicable, will give you the option of not identifying yourself 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 (e.g. referrals to NSW, TAS, etc.) 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 CEO or NTV Operations Manager may release all pertinent information directly to the party concerned.
While personal information and health information is 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.
Automatic Referral Pathway Privacy Notice (New South Wales only)
What is the Automatic Referral Pathway?
The Automatic Referral Pathway is a program for men who:
- have been charged with a domestic violence offence; and/or
- are subject to an application for, or a finalised, apprehended domestic violence order (ADVO).
The program involves telephone counselling provided by the Men’s Referral Service, a non-government organisation contracted by the NSW Department of Family and Community Services.
Why have I been contacted?
If you meet this criteria, your information has been automatically transferred from the NSW Police Force to a secure portal. The Men’s Referral Service accessed your details from this portal.
You can choose whether or not to speak with the Men’s Referral Service. There is no obligation on you to participate in telephone counselling, and you may stop at any time.
What can the Men’s Referral Service do for me?
Your Men’s Telephone Counselling and Referral Service worker will provide you with immediate counselling and information and will also assess if there is any existing threat to you or anyone else. Your case manager may also refer you to other local support services that can help you.
Protecting your information is important to us
Your personal and health information is stored on a secure portal, and all Men’s Referral Service staff are trained in the safe handling of information.
After contact from a Men’s Referral Service case worker no further information will be shared without your consent.
Your consent, your information
Your consent will remain valid until you no longer wish to participate in telephone counselling. You can withdraw your consent at any time by telling your case worker.
In some cases it may be helpful for the Men’s Referral Service to share your information with other service providers, such as:
- Health services
- Men’s behaviour change services
- Counselling services
- Employment services.
- Other social services.
The Men’s Referral Service will always obtain your explicit, verbal consent in each case before sharing your information.
You do not have to consent to your information being shared to participate in telephone counselling.
When are we obliged to disclose your information?
We are required by law to disclose your information in certain circumstances, such as:
- If your information is subject to a subpoena
- If your information relates to the commission (or possible commission) of a crime or investigation of a crime
- Where your safety or another person’s safety (including a child) is considered to be at risk.
What is the complaints process for privacy breaches?
- If you feel there has been a breach of your personal information related to the Automatic Referral Pathway, you can make a complaint to the Men’s Referral Service by contacting the Operations Manager on 03 9487 4500.
Where can I find more information about privacy?
Visit the website of the Information and Privacy Commission NSW at: https://www.ipc.nsw.gov.au/privacy, or contact the Information and Privacy Commission NSW for general enquiries on 1800 472 679 or email: firstname.lastname@example.org
The NSW Automatic Referral Pathway Privacy Code of Practice and Health Privacy Code of Practice are available at: https://www.ipc.nsw.gov.au/privacy-codes-practice
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.
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.
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.
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 protected.
When no longer required, personal information collected via the website is destroyed in a secure manner or deleted.
Access and correction
If an individual requests access to the personal information NTV holds about them, or requests that it changes that personal information, NTV will allow access or make the changes unless it considers that there is a sound reason under the Privacy Act or other relevant law to withhold the information.
If NTV does not agree to make requested changes to personal information the individual may make a statement about the requested changes and NTV will attach this to the record.
Individuals can obtain further information about how to request access or changes to the information NTV holds about them by contacting NTV’s Operations Manager.
If any person feels aggrieved by NTV’s handling of personal information or health information, they may make a complaint to NTV’s Operations 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.
All staff (as well as contractors, volunteers and service providers, acting on behalf of NTV) at any NTV locations are obliged by law to protect the privacy of the information provided to NTV by its clients, employees, suppliers and other third parties in the course of their employment. It is expected that all employees will observe this policy.