TRUSTEES OF THE DE LA SALLE BROTHERS
1. Introduction --- Your privacy is important
- The Trustees of the De La Salle Brothers (“the Trustees”) are a body corporate under the Roman Catholic Church Communities Lands Act 1942 (NSW) and that body corporate is the representative in Australian civil law of the religious institute by the name “The Brothers of the Christian Schools” (“the Order”). The Trustees are an organisation which is required to comply with the Commonwealth Privacy Act.
- The Trustees regard their obligations under the Privacy Act as extremely important and are committed to ensuring that they and those who administer and support the works of the Order fully comply with both the letter and spirit of that Act.
- In conformity with the Act and the National Privacy Principles established by it, the Trustees have adopted policies and principles in connection with privacy matters, as set forth herein.
- This document
held by the Provincial office of the Trustees for the following
categories of persons:
- members of the Order;
- former members of the Order;
- applicants for membership of the Order;
- other persons who have had occasion to supply personal information to the Provincial office (for example contractors, professional service providers and volunteers);
- The Trustees acknowledge that individuals covered by this Policy have a general right to access information about themselves.
- By this Policy,
the Trustees to seek to implement the requirements of the National
Privacy Principles as they provide as at the date of publication of
this Policy. The Policy does not replicate all the terms of those
Principles, as it is unnecessary to do so. A full copy of the National
Privacy Principles can be obtained from the Provincial Office of the
Trustees upon written request.
- The Trustees may,
from time to time, review and update this Policy to take account of new
laws and technology, changes to the Trustees’ operations and
practices and to make sure it remains appropriate.
2. Important definitions
Policy the following words or expressions are defined in conformity
with the definitions in the Privacy Act, as follows.
means a document, a database (however kept), or a photograph (or other
pictorial representation of a person) created on or after 21 December
2001 but does not include a generally available publication, or letters
or other articles in the course of transmission by post.
information” means information or an opinion (including
information or an opinion forming part of a database) in a record,
whether true or not, and whether recorded in a material form or not,
about an individual whose identity is apparent, or can reasonably be
ascertained, from the information or opinion.
information” means information or an opinion about an
individual’s racial or ethnic origin; political opinions;
membership of a political association; religious beliefs or
affiliations; philosophical beliefs; membership of a professional or
trade association; membership of a trade union; sexual preferences or
practices; or criminal record – where each of the foregoing
is also personal information, or health information about an individual.
- “The Provincial Office of the Trustees” means the District of Australia, New Zealand and Papua New Guinea.
TIME PROVISO in relation to “records”: while the definition of a “record” is limited to records created on or after 21 December 2001, where after that date the Trustees amend or add to a record that was first created before 21 December 2001, the prior records would then be treated as being covered by this Policy as well.
3. Purpose of collection of information
collect information that is personal information, including some
sensitive information, about persons within the categories of
individuals who are covered by this Policy for the purpose of the
Trustees performing their functions and activities. For example,
personal information may be collected to enable the Trustees to carry
out the following functions:
- assessing applicants for suitability for membership of the Order;
understanding the skills, abilities, qualifications, experience, needs
and requirements of applicants for, and members of the Order;
- complying with
any necessary regulatory requirements of Government authorities (for
example, protection of children, occupational health and safety, health
standards, and public safety);
- establishing, maintaining and/or enhancing relationships with suppliers, other ministries and volunteers.
4. The type of personal information the Trustees collect and methods of collection
- The following non
exhaustive list is provided as examples of personal information or
sensitive information that may be collected by the Trustees.
- An applicant’s or member’s name, address, occupation, age, contact details, family background, parents’ present marital status and contact details, next of kin details, place of birth, country of citizenship, religious details and practice, health information (including physical and psychological details).
- Other information collected may include: private health insurance details, Centrelink details, Medical and Health Care card numbers and bank account details. This list is not exhaustive.
- The Trustees will
endeavour to collect information about an individual from that
individual, to the extent that it is reasonable and practical to do so.
Information collected from or about an individual can be collected in a
variety of ways including, without being exhaustive, forms filled out
by individuals, memoranda
and file notes, copies of correspondence on files, email messages, notes recorded from face-to-face meetings, interviews or telephone calls.
- When collecting
information about an individual, the Trustees will endeavour to inform
that person, at or as soon as possible after collection of the
information from that person of the following matters:
- the identity of the body holding the information (ie the Trustees);
- that person’s right of access to the information;
- the purpose of collection of the information;
- the organisations or types of organisations to which the information is usually disclosed;
- any law requiring the collection of the information; and
- the main consequences (if any) for the individual if the information is not provided
information provided by other people or entities: In some circumstances
the Trustees may be provided with personal information about an
individual from a third party, for example a report provided by a
medical professional. Where information is obtained from a third party,
reasonable steps will be taken by the Trustees to ensure the subject
person is made aware of the matters listed in paragraph (c) above
5. Use and disclosure of personal information
- The Trustees will use (which includes disclosing) personal information they collect:
- for the primary purpose of collection (see paragraph 3 above); or
- for a secondary
purpose where such a secondary purpose is related to the primary
purpose of collection, and the individual concerned would reasonably
expect the Trustees to use or disclose the information forthat
secondary purpose (provided that where the information to be disclosed
is sensitive information, the secondary purpose of disclosure is
directly related to the primary purpose); or
- where the individual concerned has consented to the use or disclosure,
- where the use or disclosure is required or authorised by law.
- for the primary purpose of collection (see paragraph 3 above); or
information collected by the Trustees may be accessed by or disclosed
by the Provincial or Superiors on the basis that the information will
6. Treatment of sensitive information
- The Trustees will
only collect sensitive information about an individual in certain
confined circumstances under, and in accordance with the National
Privacy Principles, namely:
- where required by law;
- to prevent an imminent threat to a person’s health or safety where that person is not able to give consent;
- with the consent of the individual concerned;
- in relation to
members and persons who have regular dealings with the Trustees,
provided that such persons are told at or before collecting the
information that it will not be disclosed without that
- where necessary for legal proceedings.
- where required by law;
information will be used and disclosed only with the
individual’s consent, or for the purpose for which it was
provided, or for a directly related secondary purpose, or where the use
or disclosure of the sensitive information is required or authorised by
7. Management and security of personal information
- All of the staff
of the Trustees are required to respect the confidentiality of personal
information and the privacy of individuals.
- The Trustees have
in place measures to protect the personal information that the Trustees
hold from misuse, loss, unauthorised access, modification or
disclosure, including locked storage of paper records and pass-worded
access rights to computerised records.
8. Updating personal information
- The Trustees endeavour to ensure that the personal information they hold is accurate, complete and up-to-date.
- A person may seek
to update that person’s personal information held by the
Trustees by contacting the Provincial at any time.
- The National Privacy Principles require the Trustees not to store personal information any longer than necessary.
9. The right of an individual to scrutinise and correct personal information held by the Trustees
- Under the Privacy Act, an individual has the right to obtain access to any personal information which the Trustees hold about him/her and to advise the Trustees of any perceived inaccuracy.
- There are some conditions on this right prescribed in the Act:-
- Any request to
access any information the Trustees hold about an individual should be
made in writing. The Trustees may require the individual to verify
his/her identity and specify what information is required to be
- The Trustees may
charge a fee to cover the cost of verifying an application and for
locating, retrieving, reviewing and copying any material requested. If
the information sought is extensive, the Trustees will advise the
likely cost in advance.
- If a request is declined, the person making the request will be told why.
- The Trustees may charge a fee for access and will advise the likely cost in advance.
- Any request to access any information the Trustees hold about an individual should be made in writing. The Trustees may require the individual to verify his/her identity and specify what information is required to be accessed.
10. Destroying records of Personal Information
personal information will be retained for an appropriate period as
determined by the Provincial, and thereafter will be destroyed by
11. Records held by the Trustees that were created prior to 21 December 2001
In the case of records that were created prior to 21 December 2001 and which have not been amended or added to after that date, use, disclosure and access will be permitted at the discretion of the Provincial, who shall in the exercise of that discretion have regard generally to the spirit of the National Privacy Principles.
12. Gaining access to personal information held by the Trustees
and assistance in relation to gaining access to information held about
an individual by the Trustees can be obtained by contacting the Privacy
Officer at the Provincial Office, 26 Meredith Street, Bankstown, NSW,
Anyone seeking further information about the way the Trustees manage the personal information they hold, should contact the Provincial.
13. Transborder data flow
- The Trustees
operate offices of the Provincial Office in Australia, New Zealand and
Papua New Guinea. Personal information about Brothers and other
individuals has been collected and is held in each of these offices.
The following provisions of this clause deal with information held in
the New Zealand and Papua New Guinean offices, and the transfer of
information held in Australia to places outside Australia. In this
clause, personal information includes sensitive information.
information held about the Brothers or an individual in the New Zealand
and Papua New Guinean offices will be treated as follows:
- In the case of records created after 21 December 2001, or records created before that date but amended after that date, retention, use, disclosure and access will be permitted in accordance with the NPPs, except to the extent that any provision of an NPP is contrary to the laws of the country of the office concerned, in which case the law of that country will apply.
- In the case of records created prior to 21 December 2001, and which have not been amended after that date, retention, use, disclosure and access will be permitted at the discretion of the Provincial, who shall in the exercise of that discretion have regard generally to the spirit of the NPPs and the applicable laws of the country in which the relevant office is located.
- In relation to the transfer of information held in records in Australia to places outside Australia, the following shall apply:-
- The Australian
Office of the Trustees may transfer personal information about an
individual to either the New Zealand office or the Papua New Guinea
office in accordance with the National Privacy Principles.
The Australian Office of the Trustees may transfer personal information about an individual to someone who is in a foreign country but not in either the New Zealand office or the Papua New Guinea office in accordance with the following:-
- The Trustees reasonably believe that the recipient of the information is subject to a law which effectively upholds principles of fair handling of the information that are substantially similar to the National Privacy Principles; or
- The individual consents to the transfer; or
- The transfer is necessary for the performance of a contract between the individual and the Trustees, or for the implementation of pre-contractual measure taken in response to the individual’s request; or
- The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the Trustees and a third party; or
- All of the following apply:-
- The transfer is for the benefit of the individual;
- It is impracticable to obtain the consent of the individual to that transfer;
- If it were practicable to obtain such consent, the individual would be likely to give it; or
- The Australian Office of the Trustees may transfer personal information about an individual to either the New Zealand office or the Papua New Guinea office in accordance with the National Privacy Principles.