Purpose: The purpose of this policy is to set out the policies of CAFNEC in relation to the collection, holding, use and disclosure by CAFNEC of personal information relating to an individual as required by the Privacy Act 1988 (Cth) (Act).
Background/Context:
- The Privacy Act 1988 (Privacy Act) was introduced to promote and protect the privacy of individuals and to regulate how Australian organisations handle personal information.
Relevant Legislation
- Privacy Act 1988 (Privacy Act)
Related Policies
- N/A
Related Documents
- Privacy Statement
Definitions/Acronyms:
CAFNEC – Cairns and Far North Environment Centre
MC – Management Committee
Personal information as described in the Privacy Act 1988
Sensitive information as described in the Privacy Act 1988
Consent means voluntary and informed agreement to some act, practice or purpose.
Policy:
CAFNEC collects and administers a range of information for a variety of purposes. Some of this information is restricted in its circulation for commercial, privacy, or ethical reasons. CAFNEC will place the minimum of restrictions on the information it holds, but will ensure that such restrictions, as are considered necessary, are observed by its staff and volunteers.
The types of personal information that CAFNEC collects include personal information regarding CAFNEC members, supporters, volunteers, donors, personnel or other persons with whom CAFNEC, or a third party, has contact in connection with its activities.
Collection of Information
CAFNEC collects personal information about individuals where that information is necessary for any of the following primary purposes:
- fulfilling the objectives of the organisation as described in CAFNEC’s constitution
- notifying individuals of CAFNEC’s activities and campaigns and inviting participation in initiatives;
- seeking new members, supporters and donors, including through marketing activities, and processing, renewing and maintaining CAFNEC memberships and subscription services, including the use of third parties;
- increasing CAFNEC’s financial support, through various fundraising activities, in order to maintain and enhance CAFNEC’s operations
- recruiting staff, Board and Council members and volunteers;
- receiving feedback or complaints on any of the above functions or activities;
- responding to an individual’s comments or questions and receiving feedback or complaints on any of the above functions or activities;
- improving our website or database; and
- fulfilling such other purposes identified at the time of collecting your information.
Furthermore, CAFNEC will only collect personal information by lawful and fair means.
At or before the time CAFNEC collects personal information about an individual from an individual, or as soon as practicable after, CAFNEC will take such steps as are reasonable to ensure that the individual is aware of:
- The identity of CAFNEC and how to contact CAFNEC
- The fact that he or she is able to gain access to and seek correction of the information;
- The purposes for which the information is collected
- How the information provided will be used
CAFNEC will not collect sensitive information about an individual unless;
- the individual has consented to the collection of that information and the information is reasonably necessary for one or more of CAFNEC’s functions or activities; or
- the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or
- a “permitted general situation” (as defined in subsection 16A of the Act) exists in relation to the use or disclosure of the information, including:
- where it is unreasonable or impracticable to obtain consent and CAFNEC reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety; or
- CAFNEC has reason to suspect an unlawful activity or misconduct of a serious nature that relates to CAFNEC’s functions or activities has been or may be engaged in and reasonably believes the use or disclosure is necessary in order for CAFNEC to take appropriate action; or
- CAFNEC reasonably believes that the use or disclosure is reasonably necessary to assist anyone to locate a person reported as missing and the use or disclosure complies with any rules made under s16(A)(2) of the Act; or
- the use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or a confidential alternative dispute resolution process;
Use and Disclosure
CAFNEC may use personal information about an individual for a secondary purpose if:
- the individual has consented to the use or disclosure; or
- the individual would reasonably expect CAFNEC to use or disclose the information for the secondary purpose
- the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
- a “permitted general situation” (as defined in subsection 16A of the Act) exists in relation to the use or disclosure of the information, including:
- where it is unreasonable or impracticable to obtain consent and CAFNEC reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety; or
- CAFNEC has reason to suspect an unlawful activity or misconduct of a serious nature that relates to CAFNEC’s functions or activities has been or may be engaged in and reasonably believes the use or disclosure is necessary in order for CAFNEC to take appropriate action; or
- CAFNEC reasonably believes that the use or disclosure is reasonably necessary to assist anyone to locate a person reported as missing and the use or disclosure complies with any rules made under s16(A)(2) of the Act; or
- the use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or a confidential alternative dispute resolution process; or
CAFNEC will, wherever possible, seek consent from individuals before using their personal information for a secondary purpose. Where CAFNEC deems that a person under 16 is unable to give sufficient consent to the use of his or her personal information for a particular purpose, CAFNEC will seek such consent from his or her parent or guardian.
CAFNEC may use personal information about an individual for the secondary purpose of promoting CAFNEC products or services, activities, materials, educational resources and competitions to the individual and to inform the individual of issues of environmental significance or sustainability generally (direct marketing). CAFNEC may use personal information (other than sensitive information) about an individual for these purposes if;
- CAFNEC collected the information from the individual and
- the individual has consented to the use or disclosure of the information for that purpose; or
- would reasonably expect CAFNEC to use or disclose the information for that purpose; and
- CAFNEC has provided a simple means by which the individual may easily request not to receive these communications from CAFNEC; and
- the individual has not made a request to CAFNEC to not receive direct marketing communications from CAFNEC