ABOUT THIS PRIVACY POLICY
The Privacy Act 1988 (the Privacy Act) requires entities bound by the Australian Privacy Principles (APPs) to have a privacy policy.
This Privacy Policy provides detailed information about the Australasian Birth Trauma Association (the ABTA) personal information handling practices. It provides an easy to understand summary of:
- the kinds of personal information that we collect and hold
- how we collect and hold your personal information
- the purpose for which we collect, hold, use and disclose your personal information
- how you can contact us if you want to access or correct personal information that we hold about you
- how you can complain about a breach of the Privacy Act and how we will respond to your complaint
- when personal information may be disclosed to overseas recipients.
If you would like to access this Privacy Policy in an alternate format or language, such as for the vision impaired, or those from non-English speaking backgrounds, please contact ABTA at the contact details set out at the end of this document. We will take reasonable steps to provide you with alternate access.
What ABTA does
Established in 2016, ABTA is a national charity committed to reducing the instance and impact of birth-related trauma whilst supporting affected women, families and health professionals.
We administer peer to peer support programs as well as associated activities to support families impacted by birth trauma as well as activities to raise awareness and work towards prevention of birth trauma.
Further information about ABTA can be found on the Website.
Our obligations under the Privacy Act
This Privacy Policy explains how we comply with the Privacy Act.
The Privacy Act sets out 13 APPs which regulate how we collect, use, hold and disclose your personal information, and how you may access and correct personal information we hold about you. The activities conducted by the ABTA full under the classification of Health Care Provider so we are bound by the APPs in the Privacy Act.
We may collect both personal information and sensitive information about you.
Personal information
The Privacy Act defines ‘personal information’ as:
‘information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- Whether the information or opinion is true or not; and
- Whether the information or opinion is recorded in a material form or not.’
It will depend on the circumstances as to whether information about you will be considered ‘personal information’.
For example, information about your name, date of birth or your photos is likely to be considered personal information as you can be identified from this information. Depending on the circumstances, information that does not include your name and date of birth may still be personal information.
Sensitive information
Sensitive information is a subset of personal information. The Privacy Act defines ‘sensitive information’ as information or an opinion about a person’s:
- racial or ethnic origin
- political opinions or membership of a political association
- religious beliefs or affiliations
- philosophical beliefs
- membership of a professional association or trade association
- union membership
- sexual orientation or practices
- criminal record
- health or genetic information
- biometric information and templates.
Remaining anonymous or using a pseudonym
You may wish to remain anonymous, or use a pseudonym, when interacting with the ABTA. Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, we may not need your personal information if you seek general information about a program, policy or consultation process.
However, in some circumstances, it may be impracticable to remain anonymous or use a pseudonym, or we may be legally required to deal with you in an identified form. For example, we may not be able to resolve a complaint that you have made without collecting your name. We will notify you at the time of collection if this is the case.
HOW THE ABTA COLLECTS AND HOLDS YOUR PERSONAL INFORMATION
Collecting your personal information
ABTA only collects personal information about you directly from you.
The personal information may be collected directly by us or by people or organisations acting on our behalf, for example, contracted service providers.
ABTA will collect your personal information in accordance with the APPs.
Where possible, ABTA will seek your consent for the collection of your personal information.
Methods of collection
We collect personal information about you through a range of different channels including:
- paper-based and electronic forms (including online forms)
- face to face meetings
- databases
- telephone and email communications
- the ABTA website (including online portals)
- social media websites and accounts.
When ABTA collects your personal information, where it is reasonable to do so, we will issue you with a privacy notice explaining how we will handle your personal information. For example, before using our Online Chat Peer2Peer Support Service you will be asked to read and accept that you have read our Privacy Policy and accept our Terms & Conditions.
Unsolicited personal information
We may, on occasion, receive unsolicited personal information about you from individuals or other entities, without it being requested.
We will deal with this personal information in accordance with the APPs. That is, we will destroy your personal information or if we consider that we could have lawfully collected it pursuant to the APPs, we will collect it.
Personal information held by third parties
Under the Privacy Act, we are required to take measures to ensure that when your personal information is to be held by a third party, that the third party complies with the same privacy requirements applicable to ABTA.
ABTA includes privacy clauses in its contractual agreements with third parties, including funding agreements, consultancy and services contracts and various other ad-hoc contractual agreements. This is to ensure that the third parties handle personal information in accordance with the APPs.
Privacy Impact Assessments
ABTA is required to take reasonable steps to implement practices, procedures and systems that will ensure compliance with the Privacy Act and enable it to deal with enquiries or complaints about privacy compliance.
ABTA may conduct a Privacy Impact Assessment (PIA) for its activities and certain projects. A PIA is an assessment of a project that identifies the impact that the project might have on the privacy of individuals, and sets out recommendations for managing, minimising or eliminating that impact. A PIA may be undertaken in circumstances in which a project involves the handling of personal information. ABTA must undertake a PIA when directed to do so by the Office of the Australian Information Commissioner (OAIC). Where appropriate, ABTA will make the PIA publicly available.
STORAGE AND DATA SECURITY
Storage of personal information
Personal information held by ABTA is stored on electronic media, including cloud computing solutions. Personal information is also held on paper files.
Access to records by staff and contractors is restricted to officers on a need to know basis.
Our networks and websites have security features in place to protect the information that ABTA holds from misuse, interference and loss from unauthorised access, modification or disclosure.
We store and dispose of personal information in accordance with the relevant records authorities such as:
- The Australian Securities and Investment Commission
- The Fair Work Ombudsman
- The Australian Taxation Office.
Retention and destruction of personal information
We will take reasonable steps to destroy or de-identify your personal information if we no longer need it for the purpose it was collected, unless required by law or a court/tribunal order to retain the information.
The kinds of personal information collected and held by ABTA
We collect and hold a variety of personal information relating to:
- the provision of services offered to the public by ABTA
- employment, work health and safety and personnel matters
- the performance of ABTA’s legislative functions and activities
- the performance of ABTA’s powers, functions or duties connected with administrative actions
- the management of contracts, funding agreements and procurement processes
- a range of committees, boards, reference and working groups
- individuals signed up to distribution and mailing lists
- the management of fraud and compliance investigations and audits
- correspondence from members of the public to ABTA
- complaints (including privacy complaints) made and feedback provided to us
- requests for access to documents held by ABTA including requests made by or under law.
The personal information that we collect may include:
- your name, address and contact details (for example, phone, email and fax)
- information about your personal circumstances (for example, marital status, age, gender and relevant information about your partner and children)
- information about your financial affairs (for example, payment details and bank account details)
- information about your identity (for example, date of birth, police check and security clearance details, country of birth, passport details, visa details and drivers licence)
- information about your employment (for example, work history, referee comments and remuneration)
- information about your background (for example, educational qualifications, the languages you speak and your English proficiency)
The sensitive information that we collect may include:
- your racial or ethnic origin where it is relevant in determining eligibility for a benefit or program or where requested to assist in better targeting access to a benefit or program
- your health (including information about your medical history or a family member’s medical history) where relevant to assessing an application, making reasonable adjustments in a recruitment process or the management of staff
- membership of a professional association where it is relevant to eligibility for a program or where it is a criterion for eligibility to be engaged in a particular position in ABTA
- your lesbian, gay, bisexual, transsexual, and/or intersex status where you elect to answer this field in applying for a program or completing a survey and the information is able to be collected under APP 3.
We will take reasonable steps to ensure that personal information we collect about you is accurate, up-to-date, complete, relevant and not misleading.
Purposes for which personal information is collected, used and disclosed
The purpose for which we collect your personal information is important as it restricts how we can use and disclose your personal information, unless an exception in the Privacy Act applies.
Unless an exception applies, we will:
- only use or disclose your personal information for the purpose it was collected; and
- notify you of this purpose at the time of collection, or as soon as practicable after collection.
At the time of collection, you will generally be given information about our handling of your personal information.
We will only use or disclose your personal information for another purpose where we are able to do so in accordance with the Privacy Act. There are a number of general purposes for which we may collect your personal information. The table below outlines the purpose for which information is usually collected, including information about how personal information is used and disclosed in accordance with that purpose.
However, there may be other circumstances that are not set out in the table below in which we may collect and use your personal information. In these circumstances, we will ensure that we handle your personal information in accordance with the Privacy Act.
Please note that the table below takes into consideration instances that may be relevant to a variety of stakeholders including employees, clients accessing ABTA services and contractors engaged by ABTA to conduct work on ABTA’s behalf. Not all of the instances will be applicable to you.
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Purpose of collection |
Use and disclosure |
Access |
|
Delivery of Peer Support Services |
Transcripts of online chat conversations, email or phone conversations may be recorded and transcripts used for training purposes and shared with accredited mentors (ABTA volunteers) for the purposes of resolving a client’s enquiry. |
ABTA Staff and accredited mentors (ABTA volunteers). Staff of contracted service providers on a ‘need to know’ basis. |
|
Performing employment, work health and safety and personnel functions
|
Personal information will be used and/or disclosed to manage new and ongoing employees’ employment such as leave applications and approvals and payroll and pay related records. Personal information will also be used and disclosed to monitor employees’ phone and internet usage, code of conduct investigations, police checks and security clearances, while undertaking fraud or audit functions. For workers’ compensation matters, personal information may be disclosed to WorkCover, rehabilitation providers and legal advisors.
|
ABTA staff and staff of contracted service providers on a ‘need to know’ basis. |
|
Managing the operation of ABTA committees, boards, reference and working groups
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Personal information will be used and/or disclosed to decision makers (which may include external parties, such as members of such committees). Biographical information may be disclosed on the ABTA’s website or in media announcements regarding particular appointments.
|
ABTA staff and staff of contracted service providers on a ‘need to know’ basis. |
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Undertaking legislative, administrative, policy and program related functions, duties and powers
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ABTA may use and disclose personal information to contracted service providers responsible for performing the functions, or assisting ABTA to perform the functions.
|
ABTA staff and staff of contracted service providers on a ‘need to know’ basis who are responsible for the administration of the particular function. |
|
Undertaking fraud and compliance investigations both internally and externally
|
Personal information may be used to undertake fraud and compliance investigations against employees, consultants, as well as contractors and other bodies. ABTA may disclose personal information to other Commonwealth and State ABTAs, enforcement bodies, review, audit, investigation and intelligence bodies or consultants.
|
ABTA staff and staff of contracted service providers responsible for the particular program or investigation on a ‘need to know’ basis. |
|
Undertaking health promotion activities and campaigns
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Personal information may be used for purposes including health promotion activities.
|
ABTA staff and staff of contracted service providers on a ‘need to know’ basis. |
|
Managing and responding to correspondence and enquiries from members of the public
|
Personal information is used for the purpose of corresponding with the public and distributing ABTA publications.
|
ABTA staff and staff of contracted service providers on a ‘need to know’ basis. |
|
To undertake research, surveys (including one off and longitudinal) and reports of activities
|
Personal information may be disclosed to individual researchers or other Commonwealth and State Departments.
|
ABTA staff and staff of funding recipients or contracted service providers responsible for the collection, collation and management of a particular survey, research project or report on a ‘need to know’ basis. |
In addition to the above table, we may disclose your personal information as required or authorised by or under a law or court order or where otherwise allowed under the Privacy Act and the APPs.
Disclosure of personal information overseas
We will not disclose personal information to overseas recipients unless the recipient is a contracted service provider on a need to know basis.
Access and Correction
You have a right under the Privacy Act to access personal information that we hold about you. You also have a right to request correction of your personal information if it is inaccurate, out of date, incomplete, irrelevant or misleading.
You can request access to documents containing your own personal information by emailing support@birthtrauma.org.au.
Alternatively, you can request access to your personal information under the Privacy Act by contacting ABTA via the contact details set out at the end of this Privacy Policy. We will take reasonable steps to provide you with access and/or make a correction to your personal information within 30 calendar days, unless we consider there is a sound reason under the Privacy Act or other relevant law to withhold the information, or not make the changes.
If we do not provide you with access to your personal information, or refuse to correct your personal information, where reasonable we will:
- provide you with a written notice including the reasons for the refusal
- provide you with information regarding available complaint mechanisms
- at your request, take reasonable steps to associate a statement with the personal information that you believe to be inaccurate, out of date, incomplete, irrelevant or misleading.
Complaints
If you believe that we have breached the Privacy Act or mishandled your personal information, you can contact us using the contact details set out below.
Each complaint will be dealt with on a case-by-case basis. All complaints will be investigated by us and you will be advised of the outcome.
All privacy complaints are taken seriously.
Procedure for making a privacy complaint
If you believe that we have breached the APPs or mishandled your personal information, you should take the following steps:
- Contact us: in the first instance, any privacy concern or complaint should be reported directly to the ABTA. This can be done using the contact details set out at the end of this document.
- Submit your concern or complaint in writing: in order to be able to fully investigate your complaint, we would prefer that you make your complaint in writing using the contact details set out at the end of this document. The complaint should include information about the claimed privacy breach and your contact details. Please note that if you do not provide sufficient information, we may not be able to fully investigate and respond to your complaint.
- Reasonable amount of time: we will acknowledge your concern or complaint upon receipt, if you provide your contact details. We will try to respond to your privacy concern or complaint within 30 calendar days from the date that we receive it. We will notify you if we cannot respond to you within this time period.
If you are not happy with our response, you can complain directly to the OAIC. The Australian Information Commissioner’s details are:
The Australian Information Commissioner’s details are:
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
Office of the Australian Information Commissioner
Sydney NSW 2001
Please note that the OAIC generally requires that a complaint first be raised with us before the OAIC will investigate.
How to contact ABTA
If you wish to make any comments or suggestions about our Privacy Policy, or wish to otherwise contact the ABTA in relation to a privacy concern, you can do so on:
Phone: 0412 445 770
Online: See the Contact Us form on the ABTA website.
Email: support@birthtrauma.org.au
Postal Address: PO Box 55 Arana Hills QLD 4054
This policy was last updated on 11/06/2020.
