|
|
|
| |
Privacy Policy |
| |
|
In this policy, the following definitions apply:
"Personal Information" is information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
"Primary Purpose" is the provision of legal services;
"Sensitive Information" is information or opinion about an individual's:
criminal record;
health or disability;
membership of a professional and/or trade association;
membership of a union;
racial or ethnic origin;
political association membership;
political opinions or beliefs;
sexual preferences or practices.
1.1. The Personal Information Murdoch Clarke collects includes (but is not limited to): name, address, occupation, contact number(s), e-mail address, and other Personal Information necessary for Murdoch Clarke to provide legal services to the person to whom the information relates or to another person and to meet legal obligations to regulatory bodies and Courts. In most cases, if the Personal Information is not provided Murdoch Clarke may not be able to provide the relevant services.
1.2. In most cases Murdoch Clarke will collect the Personal Information directly from the individual it concerns. If Personal Information is collected from an entity other than that individual, Murdoch Clarke will take reasonable steps to ensure Murdoch Clarke collects the Personal Information in accordance with relevant legislative provisions.
1.3. If Murdoch Clarke does collect Personal Information from third parties, in most cases Murdoch Clarke will take reasonable steps to ensure the individual to whom the information relates is, or has been, made aware of what Personal Information was collected, how it was collected, why it was collected and to whom the Personal Information may be disclosed.
2.1. Murdoch Clarke maintains the privacy of its clients including in relation to Personal Information. Murdoch Clarke will use Personal Information collected for the Primary Purpose. Murdoch Clarke will not use the Personal Information for any secondary purpose other than the Primary Purpose unless:
2.1.1. The secondary purpose is related to the Primary Purpose, or, if it is Sensitive Information, the secondary purpose is directly related to the Primary Purpose; and
2.1.2. The subject of the Personal Information would reasonably expect Murdoch Clarke to use or disclose the Personal Information for the secondary purpose.
2.2. Persons about whom Murdoch Clarke collects Personal Information should reasonably expect Murdoch Clarke to use or disclose Personal Information to certain entities. These include (but are not limited to):
2.2.1. Courts, tribunals or other similar bodies or organisations;
2.2.2. Relevant Government organisations, bodies or similar entities;
2.2.3. Murdoch Clarke's agents, members, employees, contractors, associated entities and any other individuals or entities who may be retained from time to time to assist Murdoch Clarke to give effect to the Primary Purpose;
2.2.4. Credit collection agencies in certain situations.
2.3. The circumstances under which Murdoch Clarke will use or disclose Personal Information to any of the above entities include (but are not limited to):
2.3.1. For purposes associated with, or peripheral to, the Primary Purpose;
2.3.2. For debt recovery;
2.3.3. To ensure no conflict of interest arises;
2.3.4. When compelled by law.
2.4. Personal Information may be disclosed to other entities, or in other situations, with the consent of the person in question.
2.5. Murdoch Clarke's obligations regarding the privacy of its clients are additional to its obligation to preserve their rights to legal professional privilege.
2.6. Personal Information may be used or disclosed by Murdoch Clarke if Murdoch Clarke reasonably believe its use or disclosure is necessary to lessen or prevent:
2.6.1. A serious and imminent threat to an individual’s life, health or safety; or
2.6.2. A serious threat to public health or public safety.
3.1. Murdoch Clarke will ensure that the Personal Information it collects, uses or discloses is accurate, complete and up to date, as far as Murdoch Clarke is reasonably able to do so.
4.1. Murdoch Clarke has a number of physical and technological security measures in place to protect Personal Information it holds from misuse, loss, unauthorised access, modification or disclosure.
5.1. This document is the privacy policy of Murdoch Clarke. Copies of this document can be obtained by contacting Murdoch Clarke in writing requesting a copy of this privacy policy.
6.1. If Murdoch Clarke holds Personal Information about an individual and the individual requests access to the Personal Information, Murdoch Clarke will provide access for the individual to the Personal Information except to the extent that:
6.1.1. Provision of access would entail a breach of legal professional privilege; or
6.1.2. Provision of access would be contrary to any other applicable privilege; or
6.1.3. Provision of access would be contrary to any applicable legislative or policy provision; or
6.1.4. Provision of access would pose a serious and imminent threat to the life or health of any individual; or
6.1.5. Provision of access would have an unreasonable impact upon the privacy of other individuals; or
6.1.6. The request for access is frivolous or vexatious, the determination of which is to be made by Murdoch Clarke, whose decision will be final and binding on the applicant; or
6.1.7. The Personal Information relates to existing, anticipated or past legal proceedings between the individual, and Murdoch Clarke, and / or a current and / or past client of Murdoch Clarke, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
6.1.8. Provision of access would reveal the intentions of Murdoch Clarke, and / or a past or current client of Murdoch Clarke, in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
6.1.9. Denying access is required or authorised by or under law; or
6.1.10. Provision of access would be likely to prejudice an investigation of possible unlawful activity; or
6.1.11. An enforcement body performing, or which Murdoch Clarke reasonably believes is performing, a lawful security function asks Murdoch Clarke not to provide access to the Personal Information on the basis that providing access would be likely to cause damage to the security of Australia; or
6.1.12. Providing access would be likely to prejudice the following, by or on behalf of an enforcement body:
6.1.12.1. 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
6.1.12.2. The enforcement of laws relating to the confiscation of the proceeds of crime; or
6.1.12.3. The protection of the public revenue; or
6.1.12.4. The prevention, detection, investigation or remedying of seriously improper conduct or proscribed conduct; or
6.1.12.5. The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
7.1. Any request for access to Personal Information must be made in writing to Murdoch Clarke. There is no charge for lodging such a request but a fee is charged for providing photocopies of the relevant documents. This fee is charged at a rate of $0.45 per page. Murdoch Clarke also reserves the right to charge a reasonable fee if a significant amount of time is required to be spent by Murdoch Clarke or an employee, agent, related entity, contractor or similar of Murdoch Clarke, to provide an individual with access to the Personal Information.
7.2. If an individual about whom Murdoch Clarke holds Personal Information establishes that the Personal Information is not accurate, complete or up to date, Murdoch Clarke will take reasonable steps to correct the Personal Information.
8.1. Murdoch Clarke will only collect Sensitive Information about an individual if:
8.1.1. The collection is necessary for the establishment, exercise or defence of a legal or equitable claim or right; or
8.1.2. The individual has consented; or
8.1.3. The collection is required by law; or
8.1.4. 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 is physically or legally incapable of giving consent to the collection, or physically cannot communicate consent to the collection. |
|
| |
|
|
| |
|
|
|
