We respect the privacy of the individuals we engage with. For us to carry out our functions our organisation, our staff and contractors may collect, use, disclose and handle personal information, including sensitive and health information. We will manage your personal information carefully, respectfully, and in accordance with relevant Victorian legislation, including:
- Victorian Inspectorate Act 2011
- Privacy and Data Protection Act 2014, in particular the Information Privacy Principles at Schedule 1 of that Act
- Charter of Human Rights and Responsibilities Act 2006
- Public Records Act 1973
- Public Interest Disclosures Act 2012
- Health Records Act 2001, in particular the Health Information Privacy Principles
- Freedom of Information Act 1982 (Vic).
What are our functions?
We receive, assess and investigate a range of complaints made about IBAC, IBAC officers, VO officers, VAGO officers, Chief Examiner and Examiners and OVIC officers.
We have a key role in relation to public interest disclosures.
We oversee a range of integrity, investigatory and accountability bodies including monitoring the use of coercive powers and inspecting records of bodies that use covert, intrusive and investigatory powers; and
We assess relevant procedures and policies of several agencies we oversee.
What information do we collect?
We collect personal information provided by applicants, complainants, government agencies, members of the public, employees (including potential employees) and other third parties in compliance with our functions and obligations under the Victorian Inspectorate Act 2011 and other relevant legislation. This includes information we may receive through enquiries, complaints, investigations, inspections and employees. We keep any personal information received or obtained confidential, except where necessary to disclose the information in the performance of our statutory functions under the Victorian Inspectorate Act 2011, the Public Interest Disclosures Act 2012 or as otherwise authorised or required by law.
The kinds of personal information we collect may include:
- name, address, contact details
- personal circumstances (for example gender or First Nations identification)
- identity (for example if complaint is made on behalf of complainant)
- information relevant to a report or complaint (internal or external) including details of the person subject of the report or complaint, witnesses, audio and video recordings
- information provided in statutory notifications relating to the exercise of coercive powers by oversighted bodies including details of the witness, audio and video recordings
- information provided in documents relating to the exercise of coercive powers by us including details of the witness, audio and video recordings
- health or welfare related information.
We will collect personal or health information directly from you where possible. However, at times we may collect information about you from a third party, publicly available source or when exercising our coercive powers.
How do we collect information?
We collect personal information in a number of ways including through written documents, audio and video recordings.
Personal information may be collected if an individual makes a complaint or a public interest disclosure using our online form. Our online complaint form is owned, managed and developed by Elker as a cloud-based platform.
Elker is subject to many of the same obligations as the VI with regards to protecting personal information. Elker cannot access any personal or identifying information, though they may use de-identified data to assist with diagnostic tasks and quality improvement. Elker, and their cloud storage provider Amazon Web Services (AWS), are subject to industry standard encryption and security measures and are regularly audited for data security. All data on the Elker platform is stored within Australia.
More information about our complaints platform can be found in the FAQs(opens in a new window) here.
What do we do with the information?
Personal information will only be used or disclosed for the purpose(s) for which the information was collected by us (the primary purpose).
In some situations, and where permitted by law, we may use or disclose personal information for a reason other than the primary purpose for which it was collected (the secondary purpose). For example, sharing information about a person with their authorised agent, interpreter or legal representative acting on their behalf.
We will only do this where this secondary purpose is related to the primary purpose (or directly related if its sensitive information), and where an individual would reasonably expect us to use or disclose their information in this way.
In some instances, an individual’s consent may be sought to use or provide personal information to another organisation. This may include seeking authorisation to further a review or seek information.
We only assign a unique identifier (e.g. employee number) to an individual if it’s necessary, authorised by law or with consent.
Any transfer of personal information outside of Victoria is in accordance with privacy legislation. We take reasonable steps to ensure that any information transferred outside Victoria is stored, used or disclosed by recipients in a manner that is consistent with the privacy legislation, for example by imposing contractual obligations on recipients of such information requiring them to handle that information in accordance with applicable privacy laws.
We may use de-identified information about complaints or investigations, for example in published reports, to assist and support agencies to improve their policies and procedures, and to encourage compliance with their legislation.
There are circumstances where we may publish in reports limited identifying information, for example the name and place of employment of a person who has engaged in misconduct. Before doing so, we will afford procedural fairness to that person(s), and ensure the Charter of Human Rights and Responsibilities Act 2006 and any other relevant legislation are considered.
Do we have to comply with privacy legislation?
We comply with privacy legislation, although in certain circumstances, we may not have to comply with some or all privacy laws, for example when:
- an Act, or part of another Act, prevails over privacy laws
- information is generally available publicly
- where there is a risk to an individual’s safety or their well-being.
How do we ensure information is accurate and up to date?
We take reasonable steps to ensure that personal information held is accurate, complete and up to date. We rely on individuals to provide accurate and current information, and to notify us if they believe that the personal information we hold is inaccurate, incomplete or out of date. We will correct the information in a timely manner where an error or change is identified.
How do we store and protect information?
Personal and health information held by us is managed in accordance with the privacy principles contained in the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic) and as required by other laws.
We have security measures in place to protect personal or sensitive information from misuse, loss, unauthorised access, modification or disclosure.
How can I access my information?
The Freedom of Information Act 1982(opens in a new window) gives an individual the right to access information held by us, subject to certain exceptions.
For more information, visit our Freedom of Information page(opens in a new window).
How do we handle privacy complaints?
Complaints/queries about privacy, or the way your information is collected and handled by us should be emailed to privacy@vicinspectorate.vic.gov.au(opens in a new window). We will respond to complaints in a timely, fair and reasonable manner. You may also request to submit your privacy complaint in person at our office. Contact us on 1800 518 197(opens in a new window) if you would like to submit your privacy complaint in person.
If you are not happy with our response, you can contact the Office of the Victorian Information Commissioner(opens in a new window).
Anonymity
When making an enquiry you do not have to identify yourself unless you require us to get back to you with an answer to your enquiry or provide further information.
Definitions
Personal information
Information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
Health information
Information that can be linked to an identifiable individual (including a deceased person), which concerns that individual’s physical, mental or psychological health, disability or genetic make-up.
Sensitive information
Information or an opinion that is also personal information about a person’s racial or ethnic origin, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, membership of a political association, professional or trade association, or trade union, or an individual’s criminal record.
Contact us
To find out more about this privacy policy or how we handle personal information contact us at privacy@vicinspectorate.vic.gov.au(opens in a new window) or on 1800 518 197(opens in a new window).
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