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Introduction
This page contains a statement of the policies of the Victorian Commission for Gambling and Liquor Regulation (Commission) on how it manages personal information and health information.
In addition, the Commission Website Privacy Statement outlines what personal information is collected from visitors using this website.
What is personal information?
Personal information is any information or an opinion about an identifiable individual. It may be recorded in any form and need not be true. The person's identity must be apparent or reasonably ascertainable from the information or opinion concerned.
What is sensitive information?
Sensitive information is a special category of personal information. It is defined as information or an opinion about certain sensitive aspects relating to individuals such as:
criminal record;
racial or ethnic origin;
political opinions or membership of political association;
religious or philosophical beliefs or affiliations;
membership of professional or trade associations or unions;
sexual preferences or practices.
What is health information?
In summary, health information is personal information or an opinion about:
the physical, mental or psychological health of an individual;
a disability (at any time) of an individual;
an individual's expressed wishes about the future provision of health services to him or her; or
a health service provided or to be provided to an individual.
Collecting and using personal information
In carrying out its statutory functions associated with regulating gambling and liquor in Victoria, the Commission is required to collect personal information and, in some instances, health information.
The Commission will use or disclose the personal information it collects only for:
the purpose for which it was collected;
for a related purpose that an individual would expect their personal information to be used for in the circumstances;
with the consent of the individual concerned, for some other agreed purpose;
for law enforcement purposes;
as otherwise required or authorised by law.
The Commission collects and holds personal information about individuals who are currently engaged, have been engaged or are seeking to be engaged by the Commission for a specific position or purpose. This includes job applicants, employees, tenderers and contractors. Some health information is collected from time to time about employees for employment related purposes (eg WorkCover).
The personal information collected from these individuals is used to evaluate their capability and/or capacity to meet Commission requirements and/or contractual obligations and to manage any ongoing relationship with those individuals. In the case of employees, it is also collected for insurance related purposes and computer network security purposes.
Under gambling and liquor legislation, the Commission also collects personal information about:
applicants for various licenses, permits or other authorisations;
associates of such applicants;
associates of already approved licensees, permit holders or other authorised participants.
The personal information collected from or about these individuals is used or disclosed to assist the Commission (where applicable) to:
advise individuals and related entities of regulatory requirements and changes;
evaluate applications for various licences and permits or authorisations issued and administered by them pursuant to gambling and liquor legislation, including assessing the suitability of an applicant and, where required, an associate to be involved in, or licensed to work in, the gambling and liquor industry;
investigate possible contravention of gambling and liquor legislation and for ongoing monitoring purposes;
where applicable, assist the Commission to enforce and, where necessary, prosecute individuals for contravention of gambling and liquor legislation.
How is personal information or health information collected, used, disclosed?
In the majority of cases, the Commission collects personal information or health information directly from the individual concerned. In other cases, personal information or health information is collected from third parties, such as corporate applicants with some connection to or association with the individual, or treating doctors.
In some cases personal information is obtained on an unsolicited basis either directly from individuals about themselves, or from third parties about individuals. This can include letters of complaint.
Personal information is collected from a variety of means including from written application forms, online application forms, letters or other correspondence, email messages, telephone or face-to-face contact.
Whenever the Commission collects personal information it will take reasonable steps to ensure that the individual knows why the Commission collects it, what is done with it and to whom it is disclosed. Where the Commission does not actively collect personal information directly from the individual, but acquires it from a third person, the Commission will take reasonable steps to let the individual know it has that information if it is to be used or acted upon.
Some of the work of the Commission requires it to collect some sensitive personal information. The most common example is when Victoria Police is asked for a criminal check about individuals as part of the probity processes used during processing of applications for certain licences or permits. The Commission always obtains the consent of the individual concerned before doing this, unless it is involved in assisting the Commission to take investigation or enforcement action.
How is personal information and health information held?
The Commission will take reasonable steps to ensure that the personal information or health information it collects is accurate, complete and up-to-date before using it. The Commission holds personal information or health information in both electronic and paper-based forms. It has various security measures and processes in place to protect the information from misuse and loss, and from unauthorised access, modification or disclosure. These processes include:
storage of paper-based documents containing personal information in locked cabinets or rooms or other secured areas accessible only by authorised personnel;
allocation of different computer access levels to different staff to ensure only authorised staff have access to certain kinds of computer-stored information;
use of computer passwords to ensure only authorised personnel have access to computer files;
use of virus protection software;
providing physical security to limit access to Commission offices to authorised personnel only. This includes precluding individuals from some branches of the Commission having physical access to areas where other branches are located or to information held by other branches.
Your right to access and correct personal records
To request access to or correction of your personal information held by the Commission, please contact us to find out about access and correction procedures.
It is our policy at the Commission that where appropriate you should be able to request access to your personal information directly, without the need to make a formal application under the Freedom of Information Act 1982 (Vic) (FOI Act). However, there are situations where it will not be appropriate to provide direct access to information, and you will be required to make a Freedom of Information (FOI) application. (For example, where providing direct access would compromise the privacy of another person). A fee may apply for such an application.
If you are an existing or former employee of the Commission or its predecessors, you may access information relating to your employment by written request without making a formal request under the FOI Act.
To make a FOI application or to ask us to correct, update or amend the information we hold about you, please contact the Privacy Manager by email at
privacy@vgccc.vic.gov.au
or at:
Privacy Manager
VGCCC
GPO Box 1988
Melbourne VIC 3001
Telephone:
1300 599 759
Privacy queries and complaints
If you have any queries about the policies of the Commission in relation to the handling of personal information (including any sensitive information or health information), please contact the Privacy Manager by email at
privacy@vgccc.vic.gov.au
or by post to:
Privacy Manager
VGCCC
GPO Box 1988
Melbourne VIC 3001
The Commission has in place procedures for dealing with complaints made about handling of personal information. If you have any complaints about the handling by the Commission of your personal information, please provide your complaint in writing to the Privacy Manager.
If your complaint is not resolved to your satisfaction or within a reasonable time, you may seek review of the matter by writing to the Chief Executive Officer by email at
ceo@vgccc.vic.gov.au
or by post:
Chief Executive Officer
VGCCC
GPO Box 1988
Melbourne VIC 3001
Under the IPA a person may complain to the Privacy Commissioner about an act or practice that may be an interference with their privacy in relation to personal information. However, you should note that the Privacy Commissioner may decline to consider a complaint if the complainant has not first complained to the Commission. The Privacy Commissioner may be contacted as follows:
Privacy Victoria
Level 11
10-16 Queen Street
Melbourne Victoria 3000
GPO Box 5057
Melbourne Victoria 3000
DX 210643
Melbourne Vic
Telephone:
Local call within Australia: 1300 666 444
From outside Australia: +61 3 8619 8719
Fax:
Local call within Australia: 1300 666 445
From outside Australia: +61 3 8619 8700
Email:
enquiries@privacy.vic.gov.au
If your complaint relates to health information held by the Commission and you feel that the Commission has not adequately dealt with your complaint through its internal complaints procedures, you may seek to contact the Health Services Commissioner at:
Office of the Health Services Commissioner
Level 30
570 Bourke Street
Melbourne Victoria 3000
Telephone:
(03) 8601 5200
Toll free:
1800 136 066
TTY No:
1300 550 275
Fax:
(03) 8601 5219
Email:
hsc@health.vic.gov.au