Collection of Personal Information
The Firm may collect the following kinds of personal information from a client:
(a) their full name;
(b) their date of birth;
(c) their occupation;
(d) their contact details, including a postal and a residential address, email address and telephone number(s);
(e) in circumstances where the Firm requires money to be paid on account of costs and disbursements, the client’s bank account details;
(f) other personal information reasonably necessary for one or more of the Firm’s Purposes set out in clause 3 of this Policy;
(g) records and content of any communications between the client and the Firm; and
(h) their tax file number.
If the Firm collects an individual’s tax file number then the storage, use and disclosure of the tax file number will only occur as allowed by law.
The Firm will only collect personal information by lawful and fair means and where that information is reasonably necessary for one or more of the Firm’s functions or activities, as identified in the Firm’s Purposes at clause 3 of the Policy.
The Firm generally collects the personal information at subclauses 1(a) through (h) directly from the client with the client’s consent. The Firm will only collect personal information from a third party where it is unreasonable or impractical to collect the information directly from the client. Such third parties may include an individual’s employer, an organisation with whom the individual has dealt or which maintains a public record, or a credit reporting agency.
Collection of Sensitive Information
Sensitive information is defined in the Act as information about an individual’s ethnic origin, beliefs (whether political, religious or philosophical), sexual orientation, criminal history, health, genetics and membership of political or trade associations.
The Firm will collect sensitive information with the relevant individual’s consent and where the collection is reasonably necessary for one or more of the Firm’s Purposes.
An individual’s consent is not required to collect sensitive information where the collection of that information is required or authorised by or under any Australian law or a court order, or where a permitted general situation exists. The conditions which give rise to a ‘permitted general situation’ are defined in section 16A of the Act and include where:
(a) it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure and the organisation reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual;
(b) the organisation has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the organisation’s functions or activities has been, is being or may be engaged in and the organisation reasonably believes that the collection, use or disclosure is necessary for the organisation to take appropriate action in relation to the matter;
(c) the organisation reasonably believes that the collection, use or disclosure is reasonably necessary to assist in locating a person who has been reported missing; or
(d) the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.