Privacy Policy

Djirra recognises the importance of, and is committed to protecting and upholding, the privacy and rights of individuals Djirra deals with in relation to their personal information. Read our Privacy Policy on how Djirra collects, uses, discloses and otherwise handles personal information. 

PRIVACY POLICY

Djirra recognises the importance of, and is committed to protecting and upholding, the privacy and rights of individuals Djirra deals with in relation to their personal information. By providing your personal information to Djirra, you consent to its use, storage and disclosure in accordance with this Privacy Policy.

Djirra will ensure that:

  • it meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of clients and others;
  • clients are provided with information about their rights regarding privacy;
  • clients, staff and others are provided with privacy when they are being interviewed or discussing matters of a personal or sensitive nature; and
  • all staff, Board members and volunteers understand what is required in meeting these obligations.

This Privacy Policy explains how Djirra collects, uses, discloses and otherwise handles personal information. This Policy does not apply to employee records, however it still applies to personal information about job applicants, contractors and volunteers or employees of related entities.

Djirra is subject to the Australian Privacy Principles under the Privacy Act 1988 (Cth) and to Victorian privacy legislation. Djirra will follow the guidelines of the Australian Privacy Principles in its information management practices.

What is personal information?
Personal information is information or an opinion from which it is possible to personally identify someone. It includes information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable. The information collected by Djirra about a particular person will vary depending on the circumstances of collection. It may include, but is not limited to, a person’s contact details (name, email and/or postal address, phone number), date of birth, gender, credit card details, driver’s licence number, passport number, insurance details, employment history, qualifications or communication history with Djirra.

Personal information does not include anonymous information, aggregated or de-identified information.

What is sensitive information?
Sensitive information is a subset of personal information and is given a higher level of protection. Sensitive information is defined in the Privacy Act and includes information or an opinion about an individual’s racial or ethnic origin; political opinions; membership of a political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual preferences or practices; criminal record; health information or genetic or certain biometric information.

If it is reasonably necessary in the circumstances, Djirra may also collect sensitive information such as a person’s  rational or ethnic background; criminal history; health information, including any disabilities; and other sensitive information not covered above which is collected as a direct result of providing you with legal or non-legal advice.

As a recipient of funding from the Victorian Department of Justice and Community Safety (DJCS) and Victorian Department of Families, Fairness and Housing (DFFH), Djirra must also comply with the Health Records Act 2001 (Vic) in delivering its services to you. It is therefore relevant to note that under this Act, "Health Information" expressly includes information of an individual regarding their:

  • physical, mental or psychological health;
  • disabilities;
  • expressed wishes about the future provision of health services to them;
  • health services provided to them;
  • the donation of body part, organs or substances; and
  • genetic information which is predictive of their future health.

If it is reasonably necessary in the circumstances, Djirra may collect sensitive information such as a person's medical history, nationality, their ethnic background or disabilities.

Djirra is required by law to obtain your consent when collecting your sensitive information, unless a specific exemption applies under the relevant legislation. We will obtain your consent through the collection notice provided to you at the time (or, if that is not practicable, as soon as practicable after) Djirra collects your sensitive information. What personal information does Djirra collect and hold?
The type of information collected by Djirra will depend on the nature of a person’s interaction with Djirra, however Djirra may collect the following types of personal information:

  • identification and contact details, such as name, mailing or street address, email address, telephone number, age or birth date;
  • family type, country of birth, year of arrival in Australia, language spoken at home;
  • financial information, such as housing, occupation, financial status and income;
  • details of the services a client has requested or enquired about, or services provided, together with any additional information necessary to respond or deliver those services;
  • any additional information relating to a client that a client provides in-person, by telephone, in writing or via email which is reasonably necessary for, or directly related to, Djirra's services to a client;
  • sensitive information, such as racial or ethnic background, criminal history and health information, , including any disabilities;
  • other sensitive information not covered above which is collected as a direct result of providing a client with legal or non-legal advice.

How does Djirra collect your personal information?

Djirra collects personal information directly from the relevant individual unless it is unreasonable or impracticable to do so. This may occur in a range of ways including in person; by letter, fax, email or telephone; on hard copy forms; through the website; from referring or third parties (with consent); and at events or forums.

Can individuals remain anonymous?

Individuals engaging with Djirra have the option of not identifying themselves or using a pseudonym unless either it is impractical for Djirra to deal with individuals who have not identified themselves or who have used a pseudonym, or it is a requirement of funding agreements for the delivery of the funded service.

Djirra's ability to communicate with individuals or to provide the requested services may be affected if some information is not provided.

If you wish to remain anonymous when dealing with us via a telephone call, please let the person you are taking to know. Likewise, if you would prefer to speak with an Aboriginal member of staff let the person you are talking to know.

Collection from third parties
Djirra may collect personal information regarding a child from the parent or other responsible person associated with that child.

In many circumstances, Djirra collects information from third parties with written client consent.
Examples of such third parties could include, without limitation:

  • police, courts, corrections agencies;
  • hospitals, health services, medical and allied health professionals, counsellors; and
  • government agencies, schools, community organisations.

Notification of collection of personal information
At or before the time (or, if that is not practicable, as soon as practicable after) Djirra collects personal information,  we will provide individuals with a privacy notice (otherwise known as a collection notice) and refer individuals to this Privacy Policy.

Why does Djirra collect, hold, use and disclose personal information?
Djirra collects, holds, uses and discloses personal information for the following purposes:

  • to assess whether a client is eligible for assistance, including assistance in the form of a grant of legal aid from a Legal Aid Commission, and to maintain those grants of aid;
  • to provide legal and non-legal support services to clients;
  • to answer enquiries and provide information about Djirra’s services;
  • to recruit staff, contractors and volunteers;
  • for planning, quality control and for the creation of anonymous case studies;
  • to update records;
  • to send support and administrative messages, reminders, technical notices, updates, security alerts, and information to you;
  • to send marketing and promotional messages to you and other information that has been requested or which may be of interest
  • for use in monitoring and assessing Djirra’s services, including as part of peer review of service, legal needs assessments, reports to funding providers, compliance, quality audits and evaluations including those conducted by external bodies such as Victoria Legal Aid, Department of Health and Human Services and others;
  • to process and respond to any queries or complaints you have made; and
  • to comply with any law, rule, regulation, lawful and binding determination.

Djirra may use health information to ensure that programs we operate are run safely and in accordance with any special health needs participants may have. Health information may also be kept for insurance purposes. In addition, we may use de-identified information  to carry out research, data analysis, to prepare submissions to government, or to plan events and activities. Djirra may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law for which the individual has provided their consent.

To whom may Djirra disclose your information?
Djirra may disclose your personal information, for the purposes listed above to  organisations which include, but are not limited to:

(a) other organisations involved in providing similar services or programs in Australia;
(b) companies we engage to carry out functions and activities on Djirra’s behalf,
including direct marketing;
(c) professional service providers and advisers who perform functions on our behalf, such as  accountants, barristers, auditors and lawyers;
(d) our insurers; and
(e) in other circumstances required or permitted by law.

In some circumstances, personal information may also be disclosed outside of Australia.  When Djirra discloses personal information to third parties, Djirra will make all reasonable efforts to ensure that we disclose only strictly relevant information and that it is accurate, complete and up to date and that the third party will comply with the Privacy Laws in relation to the use, disclosure and storage of your information.

Direct marketing
We will assume consent to use non-sensitive personal information for marketing purposes (including disclosure of such information to service providers) unless you advice otherwise.

Every person whose data is collected by Djirra has the option to refuse e-mail, SMS or posted communications by making a request in writing to Djirra via the contact details set out below or by making use of the opt-out procedures included in any communications from us or by contacting our Privacy Officer (see the details below) (however, information relating to the option to unsubscribe from those communications may be retained).

Other permitted disclosures
Djirra may disclose personal information in other circumstances, where the person concerned has consented to the disclosure, or where Djirra is expressly permitted to do so by the Privacy Laws or another law. These other disclosures may include where:

  • you would reasonably expect the disclosure to occur (for example, quality assurance purposes or training);
  • Djirra is authorised or compelled by law to disclose;
  • it will prevent or lessen a serious threat to someone's life, health or safety or a threat to public health or safety;
  • it is necessary as part of the establishment or defence of a legal claim;
  • it is legally requested by an enforcement agency such as the police (and is not protected by professional privilege); or
  • it is a necessary part of an investigation following a complaint or incident.

Individual Support Services (ISS) permitted disclosures to the Victorian Department of Families,

Fairness and Housing

As the ISS program is a recipient of funding from the DFFH:

  • ISS may collect and disclose your personal information (including sensitive information) (DFFH Information) to DFFH for specific purposes, including for the purpose of providing its services to you and for DFFH's auditing and monitoring of Djirra;
  • DFFH may disclose the DFFH Information received from Djirra to:
  • other Victorian Governmental Agencies; and
  • if requested by the Victorian Auditor-General, the Victorian Ombudsman, or the Victorian Minister responsible for the portfolio under which the Djirra services operate; and
  • unless the personal information is destroyed by Djirra, it will ultimately be disposed of to, or at the direction of, DFFH or the Victorian Keeper of Public Records.

Djirra website
When users visit the Djirra website and any other websites owned or operated by Djirra from time to time), our systems may record certain information about their use of the site, including the web pages visited and the time and date of their visit. Djirra uses this information to help analyse and improve the performance of the Djirra website.

In addition we may use “cookies” on the Djirra website. Cookies are small text files that help a website to remember the preferences of users to improve the experience of using that website. In some cases, the cookies that we use may collect some personal information. Djirra will treat this information in the same way as other personal information we collect. You are free to disable cookies on your internet browser to prevent this information being collected; however, you will lose the benefit of the enhanced website experience that the use of cookies may offer.

Websites linked to the Djirra website (third party websites) are not subject to Djirra’s privacy standards, policies or procedures. Djirra cannot take any responsibility for the collection, use, disclosure or security of any personal information that you provide to a third party website. Once you have left the Websites we cannot be responsible for the protection and privacy of any information which you provide on other third party websites. You should exercise caution and review the privacy statement applicable to the third party website in question.

Accessing and correcting personal information
An individual may request access to any personal information Djirra holds about them at any time by contacting Djirra (see the details below). Where Djirra holds information that an individual is entitled to access, we will try to provide the information in the manner requested (for example, photocopies or by viewing a file) and in a timely way.

There may be instances where Djirra cannot grant access to the personal information held. For example, Djirra may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, Djirra will provide written notice outlining the reasons for the decision and available complaint mechanisms.

Djirra will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date, including checking the accuracy of personal information at the time of collection and periodically while it is being used and disclosed. However, we rely on the accuracy of personal information as provided to us both directly and indirectly. If an individual believes that personal information Djirra holds about them is incorrect, incomplete or inaccurate, then they may request us to amend it. Djirra will then consider if the information requires amendment. If we agree that it requires amendment we will take reasonable steps to correct that information. If Djirra does not agree that there are grounds for amendment then the individual may request that Djirra add a note to the personal information stating that the relevant individual disagrees with the information and Djirra will take reasonable steps to do so.

If Djirra corrects personal information about an individual and has previously disclosed that information to another agency or organisation that is subject to the Privacy Act, the individual may ask Djirra to notify that other entity and Djirra will take reasonable steps to do so, unless this would be impracticable or unlawful.

Client files
In addition to above, in circumstances where a client requests access to personal information held by Djirra’s Aboriginal Family Violence Legal Service, the Director of Legal Services, the Manager of Legal Services or the Legal Practice Standards Coordinator will view the file and approve any copies of material to be given to the client prior to client access. A copy of the relevant part of the file will be made available to the client as soon as practicable after this. Unless it is past the destruction date of the files.

Complaints
If you have a complaint or concern regarding our handling of your personal information or think that your privacy has been affected, please contact our Privacy Officer at this address:
Privacy Officer
Djirra’s Aboriginal Family Violence Legal Service
292 Hoddle Street, Abbotsford, 3067
Email: privacy@djirra.org.au
Phone: 03 9244 3333

Djirra treats all complaints confidentially. Djirra will try to resolve all complaints in a timely, fair and reasonable way. We will respond to your complaint within two business days and try to resolve it within 15 business days. If an individual is not satisfied with Djirra’s response, a complaint can be made to the Office of the Australian Information Commissioner (by telephone: 1300 363 992, by email enquiries@oaic.gov.au or by post: GPO Box 5218 Sydney NSW 2001).

Security and integrity of personal information
Djirra stores most information about you in databases operated by either us or our external service providers. When your information is entered into Djirra's database, the information may be combined or linked with other information held about you. Some information about you is recorded in paper files that we store securely. Djirra takes reasonable steps to ensure that personal information we collect, use and disclose is accurate, up-to-date and complete and relevant. Security of personal information is important to Djirra. Djirra has taken steps to protect the information we hold from misuse, loss, unauthorised access, modification or disclosure. Djirra’s security measures include training our staff, volunteers and service providers in how to keep your information safe and secure.

Data breach notification
As outlined above, Djirra seeks to protect your personal information from any unauthorised loss, disclosure or access. In the event of a serious data breach concerning your personal information, Djirra will notify you, DFFH and the Office of the Australian Information Commissioner regarding the circumstances of the breach.

Contacting Djirra
For questions about this Privacy Policy, as well as any concerns or a complaint please contact Djirra at the details provided above.

Changes to the Policy
Djirra may amend this Privacy Policy from time to time. The current version will be posted on Djirra’s website and a copy may be obtained from Djirra.