1) Purpose and Outcome
The Temple Society Australia (TSA) is committed to privacy compliance.
The purpose of this policy is to summarise the obligations that the TSA has undertaken in order to control and protect Personal, Sensitive and Health Information (as defined below). TSA is bound by the Privacy Act 1998 (Cth) and amendments thereto and must therefore, unless a statutory exemption applies, comply with the Australian Privacy Principles (“APP”). It is also bound by similar State legislation and privacy principles.
2) Scope of Application
This policy applies to Personal, Sensitive and Health Information (as defined below) related to members, associates, employees, non-member volunteers, contractors, suppliers and third parties that is collected and stored as part of TSA's day-to-day activities. It also applies to Personal, Sensitive and Health Information that is received from the Tabulam & Templer Homes for the Aged (“TTHA”).
“Personal Information” refers to information or an opinion that can be used to reasonably identify an individual. Personal Information can be true or false, verbal, written or photographic, recorded or unrecorded. What constitutes ‘personal information’ will vary depending on particular circumstances.
“Sensitive Information” is a special category of personal information and has more particular Privacy Law obligations for collection, storage and use. Under the Privacy Laws, information will generally be considered ‘sensitive information’ where it is personal information more specifically about a person’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, criminal records or health (defined separately below) and financial information. Different requirements and thresholds apply to this kind of information under Australian Privacy Laws.
“Health Information” is a type of personal and sensitive information that is defined broadly to include information or an opinion about matters such as mental health, disability (at any time), health preferences (including future provision of health services), use of health services, bodily donations (eg blood, organs), genetics and allergies.
The term “Private Information” will be used to collectively refer to Personal, Sensitive or Health Information.
4) Collection of Information
- TSA does not collect and process any Private Information, or receive Private Information from the TTHA, unless the information is considered necessary for TSA’s effective functioning. The Preamble to the TSA’s Constitution provides some guidance as to the purpose and functions of the TSA.
- TSA collects, holds and uses Private Information so that it can perform its activities and functions effectively and to provide the best possible service.
- TSA does not collect and/or process any Private Information against the express wishes of an individual, unless it is required by law to do so.
- Generally, TSA collects Private Information directly from the individual her/himself or a child’s parent or guardian using open, fair and reasonable means.
- TSA may collect and hold the following types of Private Information:
- mailing or street address;
- email address;
- telephone number;
- facsimile number;
- age or birth date;
- profession, occupation or job title;
- tax file number;
- family details, including ancestry and children, if any;and
- any additional information relating to an individual that is provided.
TSA may also collect some information that is not Private Information because it does not identify an individual. For example, it may collect anonymous answers to surveys or aggregated information about how users use its website.
- If an individual does not provide their Private Information, the TSA may not be able to provide service to the same standard or at all.
- Individuals have the right to remain anonymous when entering into transactions with TSA, unless such anonymity would be considered unlawful or impracticable.
- TSA takes reasonable steps to ensure that any Private Information collected is kept accurate and up-to-date.
- Any Private Information received in confidence shall be marked as confidential.
- Photographs taken at TSA or TTHA community events may be used in TSA publications, including the public and private sections of the TSA’s website, without individual identification. Permission will be sought before using photographs with individual identification. Photographs of children under the age of 16 will not be published in public domains without the consent of a parent or guardian.
- Where Private Information is collected from a third party (such as from a former employer or the police), the individual will be notified that such Private Information has been obtained from the third party and the purpose for which it was collected, where this is not evident.
5) Storage of Information
- Information obtained from members, non-member volunteers and service providers will be recorded in the TSA’s computing and filing systems.
- Information relating to service providers will only be stored in the TSA’s offices.
- TSA takes reasonable steps to ensure that Private Information stored is protected from misuse, loss and unauthorised access, modification and disclosure, increasing the level of security for Sensitive and Health Information.
- All computers will have access passwords and programs passworded to limit access.
- Membership forms and other written information concerning members will be stored in files in the TSA’s offices or at the offices of its Community Care Worker (Melbourne) and Community Support Worker (Sydney) employees. Only TSA employees, and those with express permission, will be permitted into areas within the TSA or specific employee offices where such information is stored. TSA employees with access to an individual’s Private Information are bound by duties of confidentiality. The offices will be locked when unattended.
- When a person ceases to be a member or otherwise associated with the TSA, the individual’s Private Information may be kept for archival purposes, but no other use may be made of it without the prior written approval of that individual or, in the event the individual cannot be contacted, their family.
6) Disclosure of Specific Private Information –
- Unless otherwise directed, a member’s telephone numbers, home address or email address will be provided to other members via the Membership Directory or upon verbal or written request.
In other circumstances:
- TSA may disclose an individual's Private Information to its employees, members, volunteers or service providers for the purposes of its operation.
- TSA may, with the consent of the individual or, in the case of a child under 16, with the consent of a parent or guardian, disclose an individual’s Private Information during religious services, such as christenings, confirmation or weddings.
- Whilst deceased persons have no privacy rights, Private Information relevant to the deceased’s family may be disclosed at funerals with the family’s consent.
- TSA does not use, share with or disclose to others any Private Information without the consent of the individual(s) concerned or, in the case of a child under 16, the consent of a parent or guardian.
- TSA may disclose Private Information to its related entities, such as the TTHA and the Tempelgesellschaft in Deutschland (Temple Society in Germany), for some of its purposes.
- With respect to any disclosures of Private Information to overseas third parties, the TSA will take reasonable steps to ensure that the third party is aware of the TSA’s obligations under the privacy laws and undertakes to comply with such obligations.
7) Maintenance of Information
The TSA will endeavour to maintain the accuracy and currency of the information that it holds.
Individuals are encouraged to advise the TSA of changes to their Private Information.
8) Access to Information
- Individuals have the right to access their Private Information provided:
i. such Private Information does not relate to existing or anticipated legal proceedings;
ii. an individual gives reasonable notice of the request;
iii. the Private Information is viewed and remains in the TSA or specific employee offices; and
iv. the request is not considered frivolous, vexatious, unlawful or would interfere with the privacy of others.
- If it becomes clear during the execution of the individual's right of access that Private Information is not accurate, complete or up-to-date, the individual should request that the incorrect Private Information be corrected.
Formal applications for personal data access or any concerns or a complaint regarding the treatment of an individual's privacy or a possible legislative breach should be directed to the Administration Manager, as per the details below.
152 Tucker Road Bentleigh 3204
P (03) 9557 6713
F (03) 9557 7943
ABN 35 439 044 725 ACN 004 279 001