|
            |
This Policy outlines how the Authority manages personal information in accordance with the Information Privacy Principles ("IPPs") contained in the Information Privacy Act 2000 ("the Privacy Act") and the Business Licensing Authority Act 1998 ("the BLA Act"). The Policy applies to any personal information provided to the Authority by an individual, and also to personal information that the Authority obtains about individuals from other sources.
Law enforcement agency
A law enforcement agency (including the Authority) is not required to comply with a number of the IPPs, if it believes on reasonable grounds that the non-compliance is necessary for the purposes of its law enforcement functions.
The IPPs relevant to this partial exemption are listed in section 13 of the Privacy Act. The following description of the Authority's obligations to comply with the IPPs should be read with these possible exemptions in mind.
Principle 1 - Collection of personal information
The Authority only collects personal information that it is authorised by law to collect and that is necessary for the performance of its licensing and registration functions. This includes information used to assess licence and registration applications, to update and verify licensees' and registrants' details, and to maintain the public registers required by law.
Personal information is usually collected directly from the relevant individual, during the process of considering an application for a licence or registration under one of the business licensing Acts. Some personal information is collected from third parties when the Authority conducts probity checks in connection with these applications. Collections from third parties only take place where the Authority is authorised or required by law to do so and applicants, licensees and registrants are advised that such collections will take place.
Principle 2 - Use and disclosure of personal information
Apart from public register information, the BLA Act requires the Authority's staff to maintain the confidentiality of personal information relating to applicants, licensees and registrants. This obligation applies to every person who is or has been a member of the Authority, the Registrar, a Deputy Registrar, or other staff assisting the Authority.
To discover exactly what information is disclosed on the public register, please go to the relevant scheme and click on public register.
There are a number of exceptions to this obligation, including divulging or communicating information to -
- the Director of Consumer Affairs Victoria;
- the Victorian Civil and Administrative Tribunal;
- a member of the police force;
- the legal advisers of the Authority; or
- with the consent of the person to whom the information relates, to another person.
The Authority is required to keep registers available for inspection by the public relating to credit providers, estate agents and agents' representatives, introduction agents, motor car traders, prostitution service providers and approved brothel managers, second-hand dealers and pawnbrokers, and travel agents. Personal information may be required to be included on a public register if, for example, a person trades or carries on business from their residential address.
The Authority may occasionally be required by Commonwealth law to provide personal information to Commonwealth Government agencies.
Special Arrangements Relating to Use and Disclosure of Personal Information on Public Registers
To check details of what appears on the public register for each particular licensing/registration scheme administered by the Authority, please go to the relevant scheme and click on public register.
The BLA Act enables a person to apply to the Authority to have public access to their personal information held on the register restricted. The Authority may restrict public access to all or some of that person's personal information if satisfied that there are exceptional circumstances for doing so. For example, where intervention orders are in place to protect a licensee/registrant in relation to stalking offences and it can be demonstrated there is a reasonable likelihood of the offender using the personal information contained on the public register to harm the licensee/registrant.
If you wish to make application to restrict public access to your personal information on a public register maintained by the Authority, please contact the Registrar of the BLA. Your application should identify the personal information you believe there should be restricted public access arrangements for, and detail what exceptional circumstances justify such a restriction being imposed by the Authority.
The BLA Act also allows another person to apply for the release of personal information to which the Authority has restricted public access. Despite the restriction on public access, the Authority may release the information to that other person if the Authority is satisfied that it is in the public interest that the information is released to that person. If the Authority has decided to release a licensee or registrant's personal information, the information cannot be released until 28 days after the Authority gives written notice to the licensee or registrant.
Any person affected by a decision of the Authority in relation to the restriction of personal information on a public register maintained by it, can apply to the Occupational and Business Regulation List of the Victorian Civil and Administrative Tribunal (hyperlink) for review of that decision within 28 days after notice of the decision is given.
Principle 3 - Data quality
The Authority endeavours to ensure that it obtains complete information during the application process and continues to do so once a person is licensed or registered.
The Authority also endeavours to ensure that the personal information it holds is up to date. Information collected during the application process is regularly updated by annual statements and information updates submitted by licensees and registrants in accordance with legal obligations imposed on them by the business licensing Acts.
Principle 4 - Data security
Personal information is stored by the Authority in hard copy documents, as electronic data, or in the Authority's computer systems. The Authority endeavours to protect any personal information that it holds from misuse or loss, and to prevent unauthorised access, modification or disclosure. Some of the protective measures employed by the Authority are:
- document security arrangements and policies in accordance with Public Records Act 1973 requirements;
- security measures for access to the Authority's computer systems;
- controlling access to the Authority's premises; and
- confidentiality requirements imposed upon employees and Authority members.
A person may request information from the Authority concerning the sort of personal information it holds, the purposes for which it is held, and how the personal information is collected, held, used and disclosed. Contact details for the Authority's Privacy Co-ordinator appear at the end of this document.
Principle 6 - Access to and correction of personal information
Access
Licensees, registrants and other interested persons may be provided with access to their personal information subject to the BLA Act and Freedom of Information laws allowing for such access. Contact details for the Authority's Privacy Co-ordinator appear at the end of this document.
If the Authority does not provide access, the person requesting access will be advised of the reasons for the refusal and informed of any legal exemptions relied upon.
Correction
The Registrar of the Authority is authorised by law to correct an error or omission in any register kept by him or her under a business licensing Act. Such correction may, but need not, be done at the request of the person to whom the error or omission relates.
The Authority may, but is not obliged, to make the requested amendment. If it determines otherwise, it may either alter the relevant information or add an appropriate notation to the information.
Requests for amendment of any personal information held by the Authority should be directed to the Authority's Privacy Co-ordinator. Contact details appear at the end of this document.
Principle 7 - Unique identifiers
If a person becomes registered or licensed under a business licensing Act, the Authority assigns the person a registration or licence number. These numbers are necessary to enable the Authority to perform its functions under each business licensing Act. There are also laws requiring the display of such numbers at business premises and in advertisements, such as those applying to licensed travel agents and motor car traders.
Principle 8 - Anonymity
The Authority will respect the rights of individuals to remain anonymous when making general enquiries or accessing the Authority's public registers. However, it is not possible to maintain anonymity when applying for registration or licensing under any of the business licensing Acts.
Principle 9 - Information crossing borders
The Authority takes reasonable steps to ensure that individuals' personal privacy is protected when personal information is required to be transferred to another agency or body. Refer to Principle 2 above on the Use and Disclosure of personal information for an outline of how and when the Authority may lawfully disclose personal information.
Principle 10 - Sensitive information
The Authority collects information concerning the criminal record of applicants, as part of its probity checks during the application process and to ensure ongoing eligibility once a person is licensed or registered. The collection of this information is required to ensure that only eligible persons are granted or continue to hold a licence or registration under the relevant Act.
Concerned About Your Privacy? - How to Contact the Authority
If you have any questions about personal privacy, or wish to access or correct personal information held by the Authority, contact the Authority's Privacy Co-ordinator on:
- Telephone: 1300 135 452
Interpreter services: 13 14 50
Fax: (03) 8684 0600
- Privacy Co-ordinator
Business Licensing Authority
GPO Box 322B
Melbourne VIC 3001
The Privacy Co-ordinator will handle the investigation of any complaint about information privacy. The Authority will acknowledge written complaints within 5 working days, and will provide a full response within 30 working days of receipt of the complaint. If you are not satisfied with the outcome, you are entitled to complain directly to the Office of the Privacy Commissioner.
More Information
For more information on privacy laws in Victoria, see:
http://www.privacy.vic.gov.au
For information on privacy laws in Australia generally, see:
http://www.privacy.gov.au
Conveyancers |
Credit Providers |
Estate Agents |
Finance Brokers |
Introduction Agents |
Motor Car Traders Business Licensing Authority
Owners Corporation Managers | Prostitution Service Providers |
Second-hand Dealers and Pawnbrokers |
Travel Agents
What's New |
Find |
Feedback |
Sitemap |
Links |
Contact Us |
Home | |
Lodge A Complaint
Top of Page
State Government of Victoria
Copyright | Disclaimer | Privacy
Last Updated: 08/07/2008