Privacy

Depending on your interaction with us, we may collect different kinds of information about you. This can include:

• personal information about you such as your name, address, gender, date of birth, contact information (e.g. your email and phone number), organisational positions.
• personal information about your circumstances such as your cultural and linguistic background and language preferences; relevant disabilities; citizenship and residency information; your racial or ethnic origin (including whether you identify as Indigenous); religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices.
• sensitive information specific to the work of the Commissioner such as:
  • whether you identify as a victim-survivor.
  • whether you identify as person with lived experience of modern slavery or human trafficking.
  • whether you identify as a family member, friend or carer of a victim-survivor and/or person with lived experience.
• personal information about your interactions with us and your use of our online services such as information about:
  • online forms or applications that you fill in
  • feedback or complaints
  • mailing and subscription lists
  • correspondence to the Commissioner
  • submissions to consultations or reviews that we administer
  • your telephone or face-to-face conversations with us.
• information collected through our website. When you visit our website, the website server logs the following information:
  • the type of browser and operating system you are using
  • the address of the referring site (for example, the Google search page)
  • your IP address (a number which is unique to the modem, router or gateway that connects you to the internet)
  • the date, time and address of each page you visit on the website
  • how long you visited the website for
  • the date, time and address of each document you download from our website.
• for staff and contractors, personal information regarding employment and personnel matters.

Generally, we will only collect sensitive information with your consent. However, we may collect sensitive information without your consent where it is required or authorised by law, a court or tribunal order, or otherwise permitted under the Privacy Act.

We collect personal information in a variety of ways. These include:

• through forms or documents provided to us
• from online portals (e.g. the contact form us on this website)
• via social media websites and accounts
• through correspondence with you (e.g. letters, emails, or sms messages)
• other interactions with you, whether face-to-face or over the telephone
• from a person that you have authorised to provide your information to us
• from third parties, including peak bodies, other government agencies or persons, or contractors who may assist the commissioner’s work.

We may collect personal information directly from you, your representative or a third party. While personal information is usually collected directly from you or another individual, in certain circumstances we may also obtain your personal information from other Australian government bodies.  In accordance with section 20W of the Modern Slavery Act 2018(Cth), the Commissioner may request information that is relevant to the performance of his functions from other Australian government agencies. This information may include a person’s personal information and the agency must, so far as is reasonably practicable, comply with the request.
 

Information logged

When you visit this site, our server logs the following information:

• the type of browser and operating system you are using
• your top-level domain name, such as .com, .gov, .au
• the address of the referring site, such as the previous site that you visited
• your server's IP address, a number which is unique to the machine through which you are connected to the internet—usually one of your service provider's machines
• the date and time of your visit
• the address of the pages accessed and the documents downloaded.

This information is used only for statistical analysis and systems administration purposes. No attempt is made to identify users or their browsing activities, except in the unlikely event of an investigation by a law enforcement agency.

Cookies

A cookie is an electronic token that is passed to your browser which passes it back to the server whenever a page is sent to you.
Our server generates one cookie. It is used to keep track of the pages you have accessed while using our server. The cookie allows you to navigate back and forwards through the web site and return to pages you have already visited. The cookie exists only for the time you are accessing our server.

Google Analytics

In addition to web server logs, this website uses Google Analytics, a web analytics service provided by Google Inc. Reports obtained from Google Analytics are used to help improve the efficiency and usability of this web site.
Google Analytics uses 'cookies' to help analyse how users use this site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

By using this website, you consent to Google processing data about you in the manner and for the purposes set out above. Please refer to Google's Privacy Policy- external site.

Searches

Search terms you enter when using our search engine are collected, but are not associated with any other information that we collect. We use these search terms to ascertain what people are looking for on our site.

Mailing lists

If you subscribe to one of our mailing lists, we will store your email address, and use it to send you email updates. Each email you receive will include instructions for unsubscribing from our mailing lists; if you unsubscribe, we will remove your email address from the relevant mailing list.

We use an external platform (Vision6) to send these emails. Each email includes links that allow the collection of information about which links (if any) in the email you click on. Each email also includes links that allow us to count how many emails have been opened, unopened, clicked on or unsubscribed from, and which mail client was used. We use this information only to prepare aggregate reports on the proportion of emails that have been dealt with in these ways, and which email clients were used.

We collect personal information if it is reasonably necessary for, or directly related to, one or more of our functions or activities, including:

• consulting and engaging with stakeholders
• providing information and guidance to stakeholder
• supporting and conducting education and community awareness initiatives
• developing policy
• conducting research and evaluation
• managing our correspondence
• managing this website
• performing our employment and personnel functions in relation to our staff and contractors
• contract management investigations, audits and fraud and compliance functions
• handling information access requests made under the Freedom of Information Act 1982
• seeking legal advice, if required

We take reasonable steps to ensure the personal information we collect is held in a safe and secure manner consistent with the requirements of the Privacy Act. This includes protecting personal information from loss, unauthorised access, misuse, modification and disclosure.

Personal information that we hold in Commonwealth records is managed securely through our record-keeping systems. We safeguard our IT systems against unauthorised access and ensure that paper-based files are physically secured. We also ensure that personal information within our systems is only accessible to staff on a need-to-know basis.

When personal information is no longer required to be retained as part of a Commonwealth record, we will delete or destroy it in accordance with the Archives Act 1983 (Cth) and Privacy Act.

We may use and disclose personal information for the purpose for which it was collected (the primary purpose).

We may use or disclose personal information for a secondary purpose where one or more of the following applies:

• you have consented to the use or disclosure for a secondary purpose
• you would reasonably expect us to use the information for that other purpose. For example, we may disclose information to our IT and other service providers if they need access to provide their services to us. We make sure that our service providers are bound by strict privacy and confidentiality obligations.
• it is legally required or authorised, by or under an Australian law, or court or tribunal order. This includes express statutory provisions, as well as the more general application of the common law.
• it is reasonably necessary for an enforcement-related activity conducted by, or on behalf of, an enforcement body
• we reasonably believe it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety
• we have reason to suspect that unlawful activity, or misconduct of a serious nature relating to our functions or activities has been, is being or may be engaged in, and we reasonably believe the use or disclosure is necessary in order for us to take appropriate action in relation to the matter
• it is necessary to help locate a person reported as missing
• it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim
• it is reasonably necessary for the purposes of a confidential alternative dispute resolution process

In accordance with section 20WA of the Modern Slavery Act 2018(Cth), we may disclose information to a Commonwealth office, appointee, department or agency if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.

We may need to provide your personal information to an overseas recipient as part of our work. Disclosure may be in accordance with legislation or international information-sharing agreements. This may occur, for example, in relation to a law enforcement matter such as a criminal investigation. Where there is a requirement for us to disclose personal information to an overseas recipient, we will either seek your consent or amend the information to ensure your personal information is not identifiable.

It is not practicable to list every country to which the Commissioner may provide personal information as this will vary depending on the circumstances. However, you may contact us to find out which countries, if any, your information has been given to. 

You have a right to access and correct personal information we hold about you. If you ask us for access to the information we must give you access, unless there is a law that allows us, or requires us, not to give you access. If we refuse to give you access to your personal information we will let you know in writing and will provide reasons for the refusal.

We take reasonable steps to ensure the personal information we collect and hold is accurate, up-to-date, and complete. This may include correcting your personal information where it is appropriate to do so. You may wish to request corrections to any personal information we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.

You can contact our Privacy Officer to get a copy of or update your personal information.
 

You must provide evidence of your identity if you apply to access or correct the Commissioner’s documents containing your personal information. The evidence of your identity must clearly show that you are the person whose personal information is being requested or corrected.

We will not charge you to access your personal information under the Privacy Act. However, there may be a charge involved for us to process a request under the FOI Act if your request goes beyond a request for your own personal information.