Privacy

Privacy statement

The Parliamentary Workplace Standards and Integrity Commission (the Commission) respects the privacy of every individual’s personal and health information.

This policy has been written in accordance with Information Privacy Principle 5 (Openness), which requires an organisation to set out in a document clearly expressed policies on its management of personal information.

We use the term ‘personal information’ to include both personal information and health information.

Any personal information collected by the Commission, whether from a member of the public, an agency or a Commission employee, will be handled according to this policy.

Our legal obligations

Victoria’s privacy laws regulate how Victorian government bodies use and disclose personal and health information. We follow these laws when handling personal and health information:

• Privacy and Data Protection Act 2014 (PDP Act) and its Information Privacy Principles
• Health Records Act 2001 (Health Records Act) and its Health Privacy Principles
• Charter of Human Rights and Responsibilities Act 2006 (Human Rights Charter)
• Freedom of Information Act 1982 (FOI Act)
• Parliamentary Workplace Standards and Integrity Act 2024 (PWSI Act)

The privacy laws provide for the collection, use, disclosure, transfer, access, correction and disposal of personal and health information.

We also make sure our service providers follow these laws.

Why we collect information

Under the PWSI Act (section 45), the Commission has a number of functions and will collect personal information for those functions, primarily:

• to receive, manage and resolve referrals about parliamentary misconduct (including public interest complaints),
• to redirect referrals about parliamentary misconduct to an appropriate entity, and
• to conduct education and training and issue guidance for the purpose of preventing parliamentary misconduct.

How we use and share information

We use your information for the reason we collected it, or for reasons allowed by law.

We may share information to:

• help resolve misconduct complaints
• prevent serious harm to someone’s health or safety.

We keep your information confidential under the PWSI Act. We won’t share it unless the law allows or required it.

The FOI Act doesn’t apply to documents related to referrals, investigations, or complaints under the PWSI Act.

Information may be collected by the Commission directly from an individual, or by a contracted service provider acting on behalf of the Commission. The Commission takes reasonable steps to ensure that contracted service providers comply with the privacy laws.

The Commission may collect personal, health or sensitive information about people who:

• make an enquiry
• make a referral (or report of parliamentary misconduct) or Public Interest Complaint
• are the subject of a referral or Public Interest Complaint
• make a referral on behalf of another person
• are associated with a referral, dispute resolution or investigation process we conduct (for example, witnesses or affected parties)
• apply for a job, or work, at the Commission
• interact with the Commission in a working capacity (for example, stakeholders).

We collect personal and health information in various forms, including via our website, phone, text message or email. We may also collect information from public sources, other organisations, or from people who make referrals or Public Interest Complaints.

Our website contains a collections statement regarding the collection of analytic and website data.

Information collected by the Commission may include but is not limited to the form of hard copy or electronic documents, or voice or video recordings.

The Commission takes reasonable steps to protect the personal information it holds from misuse and loss, and from unauthorised access, modification or disclosure. In protecting personal information the Commission complies with the Victorian Protective Data Security Framework.

Information that the Commission obtains is retained and stored in accordance with the requirements of the Public Records Act 1973, associated Public Record Office Victoria standards and the Commission’s internal records management policy.

Collecting information to assess and handle referrals

When the Commission collects personal and health information to respond to a referral, Public Interest Complaint or for an investigation or dispute resolution, we take reasonable steps to provide you with (or otherwise make sure that you are made aware of) information about:

• our contact details
• why the personal and health information is being collected
• the types of persons and organisations information might be disclosed to
• any law that requires, authorises or permits its collection
• any consequences if the information is not provided
• the person’s rights of access to that information.

Use and disclosure of information

The Commission uses and discloses personal and health information for the primary purpose we collected it for, and secondary purposes permitted by law. For example, we use and disclose information in connection with the PWSI Act, Public Interest Disclosures Act 2023 (PID Act), and associated laws and regulations. This includes:

• disclosing information to an agency that would enable us to fulfil our principal functions to resolve and manage allegations of parliamentary misconduct
• If we consider it necessary, disclosing information to prevent or lessen the risk of harm to a person’s health, safety or welfare.

The Commission has strict confidentiality obligations under the PWSI Act and will not disclose any information received in relation to a referral or public interest complaint except where necessary in accordance with the PWSI Act.

This also means that the Freedom of Information Act 1982 (FOI Act). does not apply to documents in relation to a referral, investigation, or public interest complaint (section 85 PWSI Act).

Disclosures required by law

The Commission may disclose information required by law, including providing information to other government authorities, such as IBAC, Integrity Oversight Victoria, and Victoria Police. The Commission also provides disclosures and related information to IBAC in accordance with the PID Act.

Disclosures about referrals

As a referrer or affected person, your personal information is protected. The Commission will not disclose information that is likely to lead to the identification of a person who has made a referral to the Commission, unless that person has given written consent to the disclosure.

The Commission will provide referrers, witnesses, and subjects with information they have provided, for example, a return of a document under section 23 of the PWSI Act. The Commission will not provide personal information in relation to a referral to a person other than the person who provided that information, unless required to do so under the PWSI Act or other legislation.

Redirecting referrals

In certain circumstances, and in accordance with section 14 of the PWSI Act, the Commission may redirect a referral to other persons and bodies, such as the integrity bodies, law enforcement agencies, or a prosecutorial body.

We may consult with one of these bodies when determining whether to redirect a referral. We will give written notice to the referrer if we do this, including the reason for the redirection.

Information may also be provided to specific persons and bodies where the information is relevant to the performance of the person’s or body’s duties, functions or powers and it is appropriate to bring it to their attention (in accordance with section 73 of the PWSI Act) or to prevent or lessen the risk of harm to a person’s health, safety and welfare (section 72(2)(e) of the PWSI Act).

Accessing or correcting your information

Requests for access to, or correction of, documents held by the Commission are processed under the FOI Act.

However, the FOI Act does not apply to documents to the extent those documents relate to a referral, public interest complaint, investigate, or recommendation made by the Commission.

All FOI requests should be made in writing to:

Privacy Officer

Parliamentary Workplace Standards and Integrity Commission

PO Box 24086

Melbourne Vic 3001

enquiries@pwsic.vic.gov.au

Keeping your information safe and accurate

The Commission takes reasonable steps to ensure the information it holds is accurate, complete and up-to-date. Where possible, Commission staff will check the accuracy of personal or health information with the individual before using it.

The Commission uses a combination of people, process and technology safeguards across information, ICT, personnel and physical security to protect information from misuse and loss, and unauthorised access, modification and disclosure.

Information is destroyed or permanently de-identified when it is no longer required in accordance with the Public Records Act 1973 and the relevant Retention and Disposal Authorities.

If the Commission becomes aware that an individual’s information has been inappropriately handled, the Commission will take steps to inform the individual of the incident and will take appropriate action to ensure that such a breach does not occur again.

Unique identifiers

The Commission does not assign unique identifiers to individuals. Each referral that we receive is given a reference so that it can be managed efficiently, but not each individual.

The Commission will not request a unique identifier created by another organisation unless required by law, nor will we use or disclose a unique identifier created by another organisation unless there is a lawful basis for doing so.

Anonymity

When seeking general information from us, you do not have to identify yourself. If you wish to make an enquiry, no personal information will be collected or recorded unless Commission staff need this information to get back to you with an answer to your enquiry.

If you wish to make a referral, you can remain anonymous by using our Elker portal. However, anonymity may limit our ability to assess the referral or provide updates. By using our online form, you can remain in contact with us via encrypted messaging, as well as accessing updates about your matter. In this way, if you wish to remain anonymous, we can still communicate with you and update you on your report.

However, if you wish to make an application for review of information under the FOI Act or a complaint under the FOI Act or PDP Act, you will be required to provide your personal information, including your name, contact details, and particulars of the matter.

Transfer of information outside Victoria

Generally, the Commission will not send your personal information outside Victoria. In the rare cases that this may be necessary, for example if you ask the Commission to transfer a complaint to the Office of the Australian Information Commissioner, the Commission will only send this personal information if the recipient of the information is bound by a scheme that is substantially similar to the IPPs or we have obtained your consent. In some cases, this consent may be implied.

Any other transfers of information outside Victoria will be made in accordance with the provisions of the PDP Act.

Privacy complaints

If you believe that the Commission has not handled your personal or health information in line with this policy or an applicable privacy law or privacy principle, you can raise the matter with us:

Parliamentary Workplace Standards and Integrity Commission
Postal: PO Box 24086, Melbourne Vic 3001
Email: enquiries@pwsic.vic.gov.au

We strive to review privacy complaints quickly, fairly and reasonably. If you’re still not satisfied with the outcome, you can contact the:

• Office of the Victorian Information Commissioner at ovic.vic.gov.au (for complaints relating to personal information and sensitive information other than health information)
• Office of the Health Complaints Commissioner at hcc.vic.gov.au (for complaints relating to health information).