TCLS is committed to best practice in relation to the management of information we collect. This practice has developed a policy to protect client privacy in compliance with the Privacy Act 1988 (Cth) (‘the Privacy Act’). Our policy is to inform you of:
- the kinds of information that we collect and hold, which, as a legal practice, is likely to be ‘personal information’ for the purposes of the Privacy Act
- how we collect and hold personal information
- the purposes for which we collect, hold, use and disclose personal information
- how you may access your personal information and seek the correction of that information
- how you may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint
- whether we are likely to disclose personal information to overseas recipients
2. What kinds of personal information do we collect?
The type of information we may collect and hold includes:
- Your name, address, email and contact details
- Details of the matter (s) that you have engaged us on
- Details of any allegations that have been made against you
- Other information about your matters, including:
- Allegations made against you and who makes them
- Notes, letters and documents created as part of your defence
- Photos and videos received as part of the allegations or your defence
3. How do we collect and hold personal information?
We will generally collect personal information:
- from you directly when you provide your details to us. This might be via a face to face discussion, telephone conversation, video conference or registration form
- from a person responsible for you
- from third parties where the Privacy Act or other law allows it - this may include but is not limited to: law enforcement, prosecuting authorities, legal aid or other legal practitioners and experts
4. Why do we collect, hold, use, and disclose personal information?
In general, we collect, hold, use, and disclose your personal information for the following purposes:
- to provide legal services to you
- to communicate with the judiciary, government bodies, law enforcement, prosecuting authorities, legal aid or other legal practitioners in relation to the legal service being provided to you
- to comply with our legal obligations, including, but not limited to, mandatory notification of incidents
- to help us manage our accounts and administrative services, including billing, management of your money held in trust, pursuing unpaid accounts, management of our practice systems
- for consultations with other legal practitioners and experts involved in your matter
- To liaise with government and regulatory bodies such as NSW Law Society and the Office of the Australian Information Commissioner (OAIC) (if you make a privacy complaint to the OAIC), as necessary
5. How can you access and correct your personal information?
You have a right to seek access to, and correction of, the personal information which we hold about you
For details on how to access and correct your record, please contact our practice as noted below under ‘Contact Details’
We will normally respond to your request within 30 days
6. How do we hold your personal information?
Our staff are trained and required to respect and protect your privacy. We take reasonable steps to protect information held from misuse and loss and from unauthorised access, modification, or disclosure. This includes:
- Holding your information electronically on secured servers located within Australia
- Use of user ids and passwords for all access to your information as well as keeping detailed audit logs of this access
- Our staff sign confidentiality agreements
- Our practice has document retention and destruction policies
7. Privacy related questions and complaints
If you have any questions about privacy-related issues or wish to complain about a breach of the Australian Privacy Principles or the handling of your personal information by us, you may lodge your complaint in writing to (see below for details). We will normally respond to your request within 30 days.
If you are dissatisfied with our response, you may refer the matter to the OAIC:
8. Anonymity and pseudonyms
The Privacy Act provides that individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with our practice, except in certain circumstances, such as where it is impracticable for us to deal with you if you have not identified yourself, such as a listing of matters in any court or tribunal.
9. Overseas disclosure.
We will not disclose your personal information to any overseas recipients.
10. Updates to this Policy
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations, and other necessary developments. Updates will be publicised on the practice's website.
11. Privacy and websites
This policy is available on our website www.tcls.com.au/privacy
12. Contact details for privacy related issues
TCLS Operations Manager