Protecting Your Privacy

What you need to know about - Information Privacy Act No 98/2000 and Health Records Act 02/2001.

Our Commitment

Ballarat City Council respects your privacy and is committed to protecting the personal information that you share with us under the Information Privacy Act 2000 and the Health Records Act 2001.

Ballarat City Council Privacy in Summary

Collection
Council only collects personal information that is necessary for specific and legitimate functions or activities. This information will be collected by fair and lawful means and not in an unreasonably intrusive way.

Use and disclosure
Council uses and discloses personal information only for the primary purpose for which it is collected or a secondary purpose that person would reasonably expect.

Data Quality
Council takes reasonable steps to make sure that the personal information it collects, uses or discloses, is accurate, complete, up-to-date and is managed in accordance with the Public Records Act.

Data Security
Council takes reasonable steps to protect personal information from misuse, loss, unauthorised access, modifications or disclosure.

Openness
Ballarat City Council has a Privacy Policy that can be requested via the Privacy Officer (contact details on the back of this pamphlet)

Access and Correction
You have the right to seek access to your personal information held by Ballarat City Council and to make corrections. Access and Corrections are mostly handled under Freedom of Information (FOI)

Unique Identifiers
Council does not assign, adopt, use, disclose or require unique identifiers from individuals except in the course of conducting normal Council business or if required by law.

Anonymity
Council gives individuals the option not to identify themselves when entering a transaction with Council that would be lawful and feasible.

Transborder Data Flows
If your personal information travels, Privacy protection travels with it. Transfer of personal information outside Victoria is restricted. You personal information can be transferred only if the recipient protects privacy under the same standards similar to the Victorian Privacy Principles.

Sensitive Information
Council does not collect sensitive information about an individual except when consent is given; or when collection is required under law.

Transfer/Closure of the practice of a Health Service Provider
If Council transfers or closes the practice of Health Services without continuing to provide the services, Council shall give notice of the transfer or closure to past service users.

Making information available to another Health Service Provider
Any health records kept by Council can be made available to another Health Service provider if requested by the individual.

Complaints Handling Under 'Health Privacy'

Complaints regarding breaches of one or more of the privacy principles outlined in this pamphlet can be made to the Health Services Commissioner, Victorian Ombudsman.

Complaints can only relate to interferences with privacy resulting from the collection, use, disclosure or handling of health information which occur after the 1st of July 2002.

A complaint might occur if Council has not complied with the Health Privacy Principles or if Council has not given a patient or client access to health information held about them.

The commissioner recommends conciliation with Council. The commissioner has investigative powers under the Health Records Act, and can serve compliance notices for serious breaches.

The Victorian Civil and Administrative Tribunal can also make binding orders, but the majority of complaints are usually resolved informally.

Complaint Handling under 'Information Privacy'

An individual can forward a complaint to the Privacy Commissioners Office in regards to an act or practice in Council that the person believes is an interference with his or her Privacy.
And is a breach of one or more the Privacy Principle outline in this pamphlet and is further detailed in Ballarat City Councils ' Information & Health Privacy Pubic Policy '.

If the personal information was collected prior to 1st of September 2001 and used or disclosed after the 1st of September 2002, this can be grounds for a complaint.

The commissioner can decline a complaint as listed in section 29 of the Information Privacy Act
Some of the grounds include:

1. The complaint has not been brought to the attention of Ballarat City Council prior to the complaint being forwarded to the commissioner's office
2. If the complaint has been brought to the attention of Ballarat City Council, but insufficient time has been given for Council to respond.
3. A complaint has already been made under another Act and has been dealt with
4. The complaint is flippant and is lacking substance
5. The complaint was not made within 45 days of the person being aware of the Privacy breach.

The commission has 90 days to decide the outcome of the complaint. If the complaint is declined the person may within 60 days take the matter to the Victorian Civil and Administrative Tribunal (VCAT)

The commissioner will encourage practical solutions together with Ballarat City Council and the person to resolve the matter. If reconciliation can not be met with both parties, the person can have the complaint referred to the Victorian Civil and Administrative Tribunal (VCAT) within 60 days.

If the breach is proven VCAT can issue:

1. An order for the City of Ballarat to cease repeating or continuing the breach
2. An order for the City of Ballarat to review the loss or damage suffered by the person
3. An order that the City of Ballarat pay compensation.

Contact Details - Complaints

An individual can forward a complaint to the Privacy Officer at the City of Ballarat in regards to an act or practice in Council that the person believes is an interference with his or her privacy.

Please provide a written statement of the breach to the below address

Privacy Officer
Ballarat City Council
PO Box 655
Ballarat 3353

Telephone (03) 5320 5500
Facsimile (03) 5332 8122
Or e-mail PrivacyOfficer@Ballarat.vic.gov.au 

Access to personal files can be made under Freedom of Information (FOI)

Freedom of Information Officer
Ballarat City Council
PO Box 655
Ballarat 3353

Telephone (03) 5320 5500
Facsimile (03) 5332 8122

Or e-mail FOIofficer@Ballarat.vic.gov.au

Office of the Victorian Privacy Commissioner
GPO Box 5057
Melbourne 3001

Telephone Local Call 1300 666 444
Facsimile (03) 8619 8700

E-mail enquires@privacy.vic.gov.au

Health Services Commissioner, Complaints & Information
30th Floor, 570 Bourke Street
Melbourne 3000

Telephone Toll Free 1800 136 066 (Vic Only)
Telephone (03) 8601 5200
Facsimile (03) 8601 5219
E-mail hra@dhs.vic.gov.au