Moira Shire Council is committed to protecting an individual's right to privacy. Accordingly, it is committed to full compliance with its obligations under the Privacy and Data Protection Act 2014 and the Health Records Act 2001 (the Acts).
In particular, Council complies with the Information Privacy Principles (IPPS) and Health Privacy Principles (HPPS) contained in each Act.
Personal information is almost any information, including numbers and images that can be linked to an identifiable living person. Health information is information that can be linked to an identifiable individual, including deceased individuals, which concern that individual's physical, mental or psychological health, disability or genetic makeup.
Council may also collect sensitive information. Sensitive information includes, but is not limited to, information or an opinion about an individual's racial or ethnic origin, political opinions, trade union membership, philosophical or religious beliefs, sexual preferences or criminal record.
Broadly speaking, Moira Shire Council collects personal and health information related to the statutory functions and administration of Council. It may also collect personal information in order to provide a wide range of services to the community, including, but not limited to, building and planning services, registration of animals and food premises, customer requests, recreation, health, education, welfare and child care services.
Moira Shire Council may be provided with personal or health information verbally, electronically or contained in letters, requests for service, surveys, applications for permits, complaints or other sources.
When collecting personal or health information, Moira Shire Council will take reasonable steps to advise you of what information is being sought, for what purpose, whether any law requires the collection of the information and the main consequences, if any, of not providing the information.
Council will only collect personal information that is necessary for its functions and activities. In some instances, it has a legal obligation to collect personal information. Council will only collect sensitive information where an individual has consented or as permitted under the Acts.
If it is reasonable and practicable to do so, Council will collect personal information and health information about individuals directly from those individuals. When doing so, it will inform those persons of the matters set out in the Acts, including the purpose/s for which the information is collected. If Council collects personal informational about any individual from someone else, it will take reasonable steps to make that individual is aware of these matters.
Use and Disclosure
Council will only use personal and health information for the primary purpose for which it was collected, unless required by legislation or for a secondary purpose as described in the Privacy and Data Protection Act or Health Act.
Council may also contact the individual concerned in order to discuss disclosure and consent.
Council will take reasonable steps to ensure the personal information and health information it holds is accurate, complete, up-to-date and relevant to the functions for which it is required.
Council will endeavour to maintain secure systems for storing personal information and health information. Technological and operational policies and procedures are in place to protect personal information from misuse and loss and from unauthorised modification or disclosure.
Council will dispose of personal information and health information when it is no longer necessary to fulfil the purposes for which the information was collected or as required by law.
Access and Correction
Council will provide a copy of this statement to any person who requests it.
Should any person wish to access personal information or health information about themselves, they may contact Council's Privacy Officer, except in the circumstances outlined in the respective Act; for example, where the information relates to legal proceedings or where the Freedom of Information Act 1982 applies.
If any person believes that personal information or health information relating to them is inaccurate, incomplete or out-of-date, they may request Council to correct the information. Every request will be dealt with in accordance with the respective Act.
Requests for access to documents containing personal information and held by Moira Shire Council that fall outside of the Privacy and Data Protection Act or Health Act will be handled in accordance with the Freedom of Information Act 1982 and should be addressed to the FOI Officer, Moira Shire Council, PO Box 578, Cobram, VIC, 3643.
Council will only assign a number to identify a person if the assignment is necessary to carry out its functions effectively or it has obtained consent from the person to do so.
When seeking general information from Moira Shire Council, you do not have to identify yourself. Unless otherwise required by law, you have the option to remain anonymous when transacting with Council; however, Council will be unable to contact you about your transaction should you elect to remain anonymous.
Council may outsource some of its functions to external contractors. This may require the contractor to collect, use or disclose certain personal information (e.g. waste and recycling collection) or health information. It is Council's intention to require contractors to comply with the Acts in all respects.
Making Information Available to Another Health Service Provider
When Council acts as a health service provider, Council will make health information relating to an individual available to another health service provider if requested to do so by the individual.
If you wish to make a complaint against Moira Shire Council for a breach of privacy under the Privacy and Data Protection Act or the Health Act you should direct your complaint to the Privacy Officer, Moira Shire Council, PO Box 578, Cobram, VIC, 3643.
Alternatively, any person may make a complaint to the Privacy and Data Protection Commissioner or Health Services Commissioner directly.
Council may amend this Information Privacy and Health Records statement from time to time.
Enquiries about this privacy statement should be directed to the Privacy Officer, Moira Shire Council, PO Box 578, Cobram, VIC, 3643.
Privacy and Data Protection Act 2014
Health Records Act 2001