1.1 While it may not be legally required to do so, batyr handles personal information in accordance with the Privacy Act 1988 (Cth) and, where applicable, State or Territory legislation, such as the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW). Privacy legislation regulates the collection, use and disclosure of personal information.
1.2 batyr provides programs that train young people to speak about their personal experience with mental ill health and start a conversation in their community. batyr also runs programs in schools, universities workplaces and the community using young speakers with a lived experience of mental ill health to engage, educate and empower other young people to reach out for support and to the great mental health services around them.
1.3 batyr’s main purposes for collecting, holding, using and disclosing personal information are to: • develop, tailor and provide its programs, including (but not limited to), its preventative mental health education programs in the area of young people’s mental health • provide other goods and services to you • accept and process donations or bequests from you • obtain products or services from our suppliers • respond to enquiries from you and to send you information about what we do • process and assess employment applications, and • undertake research and surveys and analyse statistical information. If we do not collect your personal information, we may not be able to carry out the purpose(s) for which we sought to collect that information.
2. WHAT IS PERSONAL INFORMATION?
2.1 For the purposes of this policy: (a) ‘Personal information’ means information or opinion about an identified individual, or an individual who is reasonably identifiable. (b) ‘Sensitive information’ is a type of personal information and includes information about an individual’s health or medical condition (‘health information’), genetics, race, political opinion or membership, religion, philosophical beliefs, sexual preference and criminal record. (c) ‘Health information’ includes information about physical or mental health or a disability an individual has had at any time, an individual’s express wishes about future provision of health services to them, any health service that has been or is to be provided to an individual, any personal information collected to provide or in providing a health service, information collected in connection with a donation or intended donation of body parts, organs or body substances, genetic information that is or could be predictive of health at any time of the individual or a relative of the individual and healthcare identifiers. batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
3. WHAT KINDS OF PERSONAL INFORMATION DOES BATYR COLLECT?
3.1 batyr will interact with you by your first name or preferred name whenever it is practicable to do so but that may not always be possible or appropriate, such as where we need to contact you.
3.2 Examples of the types of personal information batyr may collect include: (a) your name and age (b) your contact details and emergency contact details (c) statistical information about your ethnicity and language spoken, medical and disability information (d) information about school or university enrolment (e) information about your employment status, and (f) information about your life, health, welfare, problems, goals, thoughts and feelings. This may include information regarding your personal story and the services that you’ve accessed to support your mental health. It may also include your thoughts, comments and feelings relevant to evaluation of our programs.
4. HOW DOES BATYR COLLECT PERSONAL INFORMATION?
4.1 Generally, batyr collects your personal information, including sensitive information, from you directly, in person or online.
4.2 In some circumstances, batyr may collect personal information from other organisations (such as your school or university), however in doing so, we will take reasonable steps to ensure that: • you are aware that we have collected the information and the circumstances of the collection, and • if the relevant information is sensitive or health information, we have obtained your consent to collect it.
4.3 If you are aged under 16 years, in limited circumstances we may collect your personal information from your parent or guardian. batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
5. HOW DOES BATYR USE OR DISCLOSE PERSONAL INFORMATION?
5.1 Unless you consent or it is otherwise permitted by law, batyr will only use and disclose your personal information for the purpose for which it was collected (as outlined at paragraph 1.3 above).
5.2 Examples of situations in which we might disclose your information to third parties include the following: • where we believe that the disclosure is necessary to lessen or prevent a serious threat to life, health or safety of any individual, or to public health or safety • where we have reason to suspect that unlawful activity, or misconduct of a serious nature, is being engaged in and reasonably believe that it is necessary in order for us to take the appropriate action in relation to the matter • where we believe that the disclosure is reasonably necessary for enforcement activities (such as investigation, prosecution or punishment of criminal activities) conducted by, or on behalf of, an enforcement body (eg the Australian Federal Police, the Australian Crime Commission, Customs etc) • to universities or other research bodies for research purposes but only in a de-identified format • to our business partners and service providers who assist us in the provision of our products and services to you, including for example support service providers or government agencies • if the personal information is a government identifier, where the disclosure of the identifier is reasonably necessary for us to verify your identity for the purposes of our activities or functions or as otherwise required by law, or • where the assets and operations of our business are transferred to another party as a going concern.
5.3 Generally, batyr will not disclose your personal information to anyone overseas unless that country has similar privacy laws to those in Australia or you have expressly consented to the Australian requirements not applying to that disclosure.
6. HOW DOES BATYR HOLD AND SECURE PERSONAL INFORMATION?
6.1 Personal information, including sensitive information and health information, may be held in electronic databases and physical files at batyr’s office.
6.2 batyr will retain your personal information for as long as necessary and allowed by law, and take appropriate technical, organisational and physical measures to keep your personal information secure. This includes utilisation of online systems with password protection.
7. HOW DO YOU REQUEST ACCESS OR AMENDMENTS TO YOUR PERSONAL INFORMATION?
7.1 You may make a request in writing to access to personal information batyr holds about you and you may request corrections be made to that information by contacting [email protected] batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
7.2 You may also ask batyr whether we hold any personal information about you and whether we have disclosed that information.
7.3 batyr will generally provide you with access to any personal information held about you on request. In limited circumstances however, access may be refused if required or permitted by law. If batyr does not provide you with access, we will explain the reason for this in writing.
7.4 batyr will correct any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading and will advise any person we have disclosed the information to about the amendment provided it is reasonably practicable to do so.
7.5 If batyr does not correct your personal information when you have asked us to do so, you may ask batyr to take reasonable steps to attach a statement to the information about the correction you sought.
7.6 batyr will not charge you for making an application to access your personal information but may charge a reasonable fee to cover the cost of giving access, such as photocopying costs. batyr will advise you if such a charge applies before your request is dealt with.
8. COMPLAINTS AND FURTHER ENQUIRIES
8.1 Any issues, concerns, complaints or queries regarding privacy and/or the handling of your personal information should be dealt with in accordance with the batyr Grievance Policy.
8.2 Alternatively, specific enquiries, concerns complaints or requests regarding privacy or this policy should be directed to:
The Managing Director of batyr (email [email protected])
9. POLICY ADMINISTRATION DETAILS
Date Effective: 10 January 2019
Version Number: 2
Policy changes, updates or amendments: This Policy may be rescinded, changed or replaced at any time at the absolute discretion of the Chief Executive Officer of batyr or their authorised delegate.
Status of Policy: The terms of this Policy are not intended to be contractual in nature and do not form part of any worker’s contract of employment or engagement.
Related policies, procedures and resources: Grievance Policy Social Media policy