Privacy Policy
The purpose of this document is to set out the policies of Waterkeepers Australia in relation to the collection, holding, use and disclosure by Waterkeepers Australia of personal information relating to an individual.For these purposes, “personal information” is information or an opinion (including information or an opinion forming part of a database), 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.
The types of personal information that Waterkeepers Australia collects includes personal information regarding Waterkeepers Australia members, supporters, volunteers, donors and staff.
1 Collection
1.1Waterkeepers Australia collects personal information about individuals where that information is necessary for any of the following primary purposes:
(a) fulfilling Waterkeers Australia’s role in educating the community about waterways and environmental issues;
(b) assisting Waterkeepers Australia to participate in relevant civic and political debates;
(c) identifying and highlighting waterways and environmental concerns;
(d) notifying individuals of Waterkeepers Australia’s activities and campaigns;
(e) forging corporate and professional alliances to achieve improvements in the quality of waterways and surrounds;
(f) seeking new members and processing, renewing and maintaining Waterkeepers Australia memberships and subscription services; and
(g) increasing Waterkeepers Australia financial support, through various fundraising activities, in order to maintain and enhance Waterkeepers Australia capacity.
1.2 Waterkeepers Australia will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time Waterkeepers Australia collects personal information about an individual from an individual, Waterkeepers Australia will take reasonable steps to ensure that the individual is aware of:
(a) the identity of Waterkeepers Australia and how to contact Waterkeepers Australia;
(b) the fact that he or she is able to gain access to the information;
(c) the purposes for which the information is collected;
(d) any organisations to which Waterkeepers Australia may disclose the information;
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, Waterkeepers Australia will collect personal information about an individual only from that individual.
1.5 If Waterkeepers Australia collects personal information about an individual from someone else, it will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in paragraph 1.3.
2 Use and disclosure
2.1 Waterkeepers Australia may sometimes use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose. For example Waterkeepers Australia may disclose personal information to other environmental organisations or community groups when planning and coordinating a particular campaign. However, Waterkeepers Australia will only use or disclose personal information about an individual for a secondary purpose in limited circumstances.
2.2 Waterkeepers Australia may use personal information about an individual for a secondary purpose if:
(a) the secondary purpose is related to the primary purpose of collection; and
(b) the individual would reasonably expect Waterkeepers Austalia to use or disclose the information for the secondary purpose; and
(c) the individual has consented to the use or disclosure.
2.3 In this Policy ‘Consent’ means voluntary and informed agreement to some act, practice or purpose. Waterkeepers Australia will, wherever possible, seek consent from individuals before using their personal information for a secondary purpose. Where Waterkeepers Australia wishes to use personal information relating to children and young people for a secondary purpose, Waterkeepers Australia will firstly seek consent to this use from the child or young person concerned. Where Waterkeepers Australia deems that a child or young person is unable to give sufficient consent to the use of his or her personal information for a particular purpose, Waterkeepers Australia will seek such consent from his or her parent or guardian.
2.4Waterkeepers Australia may use personal information about an individual for the secondary purpose of promoting Waterkeepers Australia to the individual.
2.5 Waterkeepers Australia may also use personal information about an individual for a secondary purpose in the following circumstances:
(a) Where Waterkeepers Australia reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual’s life, health or safety; or
(ii) a serious threat to public health or public safety; or
(b) Waterkeepers Australia has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(c) the use or disclosure is required or authorised by or under law; or
(d) Waterkeepers Australia reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
2.8 With respect to a disclosure made under paragraph 2.7(d) Waterkeepers Australia would ordinarily give prior notice to an individual before making such disclosure, except where Waterkeepers Australia is required or compelled by law not to do so. If Waterkeepers Australia uses or discloses personal information under paragraph 2.7(d), a written note of the use or disclosure will be made.
3 Data quality
Waterkeepers Australia will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.
4 Data security
4.1 Waterkeepers Australia will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2 Waterkeepers Australia will take reasonable steps to destroy or permanently de identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.
5 Openness
5.1 Waterkeepers Australia has set out in this document its policies on the management of personal information. Waterkeepers Australia will make this document publicly available on its website at www.waterkeepers.org.au.
5.2 On request by a person, Waterkeepers Australia will take reasonable steps to let the person know, generally, what sort of personal information Waterkeepers Australia holds, for what purposes, and how it collects, holds, uses and discloses that information.
6 Access and correction
6.1 If Waterkeepers Australia holds personal information about an individual, Waterkeepers Australia will generally provide the individual with access to the information on request by the individual. Waterkeepers Australia may refuse an individual access to his/her personal information if:
(a) Waterkeepers Australia reasonably believes that providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between Waterkeepers Australia and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal the intentions of Waterkeepers Australia in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is required or authorised by or under law; or
(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(I) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;by or on behalf of an enforcement body; or
(k) an enforcement body performing a lawful security function asks Waterkeepers Australia not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 Where providing access would reveal evaluative information generated within Waterkeepers Australia in connection with a commercially sensitive decision making process, Waterkeepers Australia may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 An individual can request access to, and/or request the correction of personal information held by Waterkeepers Australia. Such a request can be made by writing to or emailing the National office. (see section 11 of this Policy for details).
6.4 If Waterkeepers Australia holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up to date, Waterkeepers Australia will take reasonable steps to correct the information accordingly.
6.5 Waterkeepers Australia will provide reasons for denial of access or a refusal to correct personal information.
7 Identifiers
7.1 Waterkeepers Australia will not adopt as its own identifier of an individual, an identifier of the individual that has been assigned by:
(a) a government “agency” (as defined in the Privacy Act 1988 (Cth); or
(b) an agent of an agency; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.2 Waterkeepers Australia will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in sub-clause 7.1, unless:
(a) the use or disclosure is necessary for Waterkeepers Australia to fulfil its obligations to the agency; or
(b) one or more of paragraph 2.6(a) - 2.6(d) (inclusive) apply to the use or disclosure; or
(c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
7.3 In this section 7:
‘identifier’ includes a number assigned by Waterkeepers Australia to an individual to identify uniquely the individual for the purposes of Waterkeepers Australia’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
8 Anonymity
Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when dealing with Waterkeepers Australia. For example, donations made to Waterkeepers Australia can be made anonymously.
9 Transborder data flows
Waterkeepers Australia may, on occasion, liaises with international members of the Waterkeepers Alliance or other international environmental organisations. Occasionally, Waterkeepers Australia may transfer personal information about an individual to someone (other than Waterkeepers Australia or the individual) who is in a foreign country. Waterkeepers Australia will only do so if:
9.1 it reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
9.2 the individual consents to the transfer; or
9.3 the transfer is necessary for the performance of a contract between the individual and Waterkeepers Australia, or for the implementation of pre contractual measures taken in response to the individual’s request; or
9.4 the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Waterkeepers Australia and a third party; or
9.5 all of the following apply:
(a) the transfer is for the benefit of the individual;
(b) it is impracticable to obtain the consent of the individual to that transfer;
(c) if it were practicable to obtain such consent, the individual would be likely to give it; or
9.6 Waterkeepers Australia has taken reasonable steps to ensure that the information, which it has transferred, will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10 Sensitive information
10.1 Waterkeepers Australia will not collect sensitive information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs (including political opinions on environmental issues), membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or
(d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
11 Further information and complaints
If you require any further information regarding this Privacy Policy, or you wish to complain to Waterkeepers Australia in relation to the manner in which it has dealt with your personal information, please contact the National Office as follows:
Third Floor
60 Leicester Street
Carlton
Victoria 3053
t: 03 9347 3810
f: 03 9347 0536
e: info@waterkeepers.org.au
