The Privacy Act (Cth) 1998 (Privacy Act) is intended to establish a comprehensive scheme for the collection, holding,
use, correction, disclosure and transfer of personal information by organisations in the private sector. This gives
individuals the right to know what information an organisation holds about them and a right to correct that
information if it is wrong.
This policy is to ensure Royal Flair Caravans complies with the Privacy Act established for the handling of personal
information by organisations in the private sector. Royal Flair Caravans will ensure that it complies with the ten
National Privacy Principles (NPPs) set out by the Privacy Act The NPPs regulate the way Royal Flair Caravans can
collect, use, disclose, amend and pass on personal information.
RESPONSIBILITY AND AUTHORITY
All Managers and Staff
▪ Ensure compliance with the policy
Privacy Compliance Officer
▪ Receives complaints from an individual regarding an alleged breach of privacy by Royal Flair Caravans
▪ Investigates and resolves the complaint internally through mediation with the individual
PRINCIPLE 1: COLLECTION OF INFORMATION
Personal information will only be collected to the extent necessary by lawful and fair means and not in an
unreasonably intrusive way for one or more of Royal Flair Caravans functions or activities.
At the time of collection (or as soon as practicable afterwards) Royal Flair Caravans will take reasonable steps to ensure
that the individual is told:
• how he or she may contact Royal Flair Caravans
• that they can access the information;
• why the information is collected;
• the disclosure practices of Royal Flair Caravans;
• any law that requires the particular information to be collected and the consequences (if any) for the
individual if the information is not provided; and
• The main consequences (if any) for the individual if all or part of the information is not provided.
PRINCIPLE 2: USE OF INFORMATION
Royal Flair Caravans will use or disclose personal information for the primary purpose for which it was collected.
Royal Flair Caravans will use personal information for another purpose (secondary purpose) if:
1) the individual has consented; or
2) The secondary purpose is related to the primary purpose and the individual would reasonably expect Royal Flair
Caravans to use or disclose the information for the secondary purpose. If the personal information is sensitive
information, the secondary purpose must be directly related to the primary purpose of collection; or
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3) if the information is not sensitive information, Royal flair Caravans will use the information for the secondary
purpose of direct marketing if:
(i) it is impracticable to seek the individual’s consent before the particular use; and
(ii) there is no charge for implementing an individual’s request to Royal flair Caravans not to receive
direct marketing; and
(iii) the individual has not made a request to Royal Flair Caravans not to receive direct marketing; and
(iv) in each direct marketing communication with the individual, Royal Flair Caravans notifies the
individual that they may elect not to receive any further direct marketing communications; and
(v) each written direct marketing communication with the individual by Royal flair Caravans sets out
Royal Flair Caravans business address, telephone number and email address at which Royal Flair
Caravans can be contacted directly
4) Royal Flair Caravans reasonably believes that the use or disclosure is necessary to lessen or prevent a serious and
imminent threat to an individual’s life, health or safety or a serious threat to public health or public safety; or
5) Royal Flair Caravans has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses
or discloses the personal information as a necessary part of its investigation of the matter or in reporting its
concerns to relevant authorities or persons; or
6) The use or disclosure is required or authorised by or under law; or
7) Royal Flair Caravans reasonably believes that the use or disclosure is reasonably necessary for one or more of the
following by or on behalf of an enforcement body:
(a) the prevention, detection, investigation, prosecution or punishment of criminal offences,
breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(b) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(c) the protection of the public revenue; or
(d) the prevention, detection, investigation or remedying of seriously improper conduct or
prescribed conduct; or
(e) The preparation for or conduct of, proceedings before any court or tribunal, or implementation
of the orders of a court or tribunal.
Any personal information used or disclosed for any of the reasons in this paragraph 7, must be recorded in writing
PRINCIPLE 3: DATA QUALITY
Royal Flair Caravans will take reasonable steps to ensure that personal information it collects uses or discloses is
accurate, complete and up to date.
PRINCIPLE 4: DATA SECURITY
Royal Flair Caravans will take reasonable steps to protect personal information it holds from misuse and loss and from
unauthorised access, modification or disclosure. Royal Flair Caravans will also take reasonable steps to destroy or
permanently de-identify personal information if it is no longer needed for any purpose for which the information may
be used or disclosed under Principle 2.
PRINCIPLE 5: OPENNESS
Royal Flair Caravans will have clearly expressed policies on its management of personal information, and these will
continue to be readily available. On request from an individual, Royal Flair Caravans will take all reasonable steps to let
the individual know, generally, what sort of personal information it holds, for what purposes, and how it collects, uses,
and discloses that information. Royal Flair Caravans otherwise complies with the NPPs under the Privacy Act.
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PRINCIPLE 6: ACCESS AND CORRECTION
6.1 Where Royal Flair Caravans holds personal information about an individual, it will provide the individual with
access to the information on request, except to the extent that:
a) In the case of personal information other than health information – providing access would pose a serious and
imminent threat to the life or health of any individual; or
b) In the case of health information – providing access would pose a serious threat to the life or health of any
individual; or
c) Providing access would have an unreasonable impact upon the privacy of other individuals; or
d) The request for access is frivolous or vexatious; or
e) The information relates to existing or anticipated legal proceedings between Royal Flair Caravans and the individual,
and the information would not be accessible by the process of discovery in those proceedings; or
f) Providing access would reveal the intentions of Royal Flair Caravans in relation to negotiations with the individual in
such a way as to prejudice those negotiations; or
g) Providing access would be unlawful; or
h) Denying access is required or authorised by law; or
i) Providing access would be likely to prejudice an investigation of possible unlawful activity; or
j) Providing access would be likely to prejudice:
(i) The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law
imposing a penalty or sanction or breaches of a prescribed law; or
(ii) The enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) The protection of the public revenue;
(iv) The prevention, detection, investigation or remedying of seriously improper conduct or prescribed
conduct; or
(v) Preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
by or on behalf of an enforcement agency; or
k) An enforcement body performing a lawful security function asks Royal Flair Caravans not to provide access to the
information on the basis that providing access would be likely to cause damage to the security of Australia.
Where providing access would reveal evaluative information generated within Royal Flair Caravans in connection with
a commercially sensitive decision-making process, Royal Flair Caravans may give the individual an explanation for the
decision, rather than direct access to the information.
Where Royal Flair Caravans is not required to provide the individual with access to the information for any reason set
out in 6.1, Royal Flair Caravans will, if reasonable, consider whether the use of mutually agreed intermediaries would
allow sufficient access to meet the needs of both parties.
6.4 If Royal Flair Caravans levies charges for providing access to personal information, those charges:
(a) Will not be excessive; and
(b) Will not apply to lodging a request for access.
6.5 If Royal Flair Caravans holds personal information about an individual and the individual is able to establish
that the information is not accurate, complete and up-to-date, Royal Flair Caravans will take reasonable steps
to correct the information so that it is accurate, complete and up to date.
6. If the individual and Royal Flair Caravans disagree about whether the information is accurate, complete and
up-to-date, and the individual asks Royal Flair Caravans to associate with the information a statement claiming
that the information is not accurate, complete or up-to-date, Royal Flair Caravans will take reasonable steps to
do so.
7. Royal Flair Caravans will provide reasons for denial of access or a refusal to correct personal information.
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PRINCIPLE 7: IDENTIFIERS
Royal Flair Caravans will not adopt as its own identifier an identifier that has been assigned by a government agency
(or by the government’s agent or contractor). Examples are an individual’s medicare or tax file number. Royal Flair
Caravans will not use or disclose an identifier assigned to an individual by a government agency except where
paragraphs 2(4) to 2(7) of Principle 2 above apply, or it is necessary for Royal Flair Caravans to fulfil its obligations to
the agency. An individual’s name or ABN is not an identifier.
PRINCIPLE 8: ANONYMITY
Whenever it is lawful and practicable, individuals will have the option of not identifying themselves when entering
transactions with Royal Flair Caravans.
PRINCIPLE 9: TRANSBORDER DATA FLOWS
Royal Flair Caravans will not transfer personal data outside Australia unless:
(a) Royal Flair Caravans reasonably believes that the recipient of the information is subject to a law, binding scheme or
contract which effectively upholds principles for fair information handling that are substantially similar to the NPPs; or
(b) The individual concerned consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual concerned and Royal Flair
Caravans, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual
concerned between Royal Flair Caravans and a third party; or
(e) The transfer is for the benefit of the individual concerned; and
(i) It is not practicable to obtain the consent of the individual to that transfer; and
(ii) If it were practicable to obtain such consent, the individual would be likely to give it; or
(f) Royal Flair Caravans has taken reasonable steps to ensure that the information which it has transferred will not be
held, used or disclosed by the recipient of the information inconsistently with these rules.
PRINCIPLE 10: SENSITIVE INFORMATION
Royal Flair Caravans will not collect sensitive information about an individual unless:
(a) The individual has consented; or
(b) The collection is required by law; or
(c) The collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual,
where the individual whom the information concerns:
(I) is physically or legally incapable of giving consent; or
(ii) Physically cannot communicate consent to the collection; or
(d) The collection is necessary for the establishment, exercise, or defence of a legal or equitable claim.
Personal information means information or an opinion (including information or an opinion forming part of a
database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion.
Sensitive information means:
(a) Information or an opinion about an individual’s:
(i) Racial or ethnic origin; or
(ii) Political opinions; or
(iii) Membership of a political association; or
(iv) Religious beliefs or affiliations; or
(v) Philosophical beliefs; or
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(vi) Membership of a professional or trade association; or
(vii) Membership of a trade union; or
(viii) Sexual preferences or practices; or
(ix) Criminal record;
That is also personal information; or
(b) Health information about an individual; or
(c) Genetic information about an individual that is not otherwise health information.
EXEMPTION
There is an exemption in the Privacy Act regarding information relating to a current or former employee. The Privacy
Act does not apply to an act done or practice engaged in by Royal Flair Caravans in relation to:
• A current or former employment relationship between Royal Flair Caravans and the individual; and
• An employee record held by Royal Flair Caravans relating to the individual (includes personal information relating
to the employment relationship and may include information, such as recruitment/termination information, terms
and conditions of employment, health and banking details).
This exemption does not apply to applicants who are unsuccessful in securing a role at Royal Flair Caravans. In those
cases, Royal Flair Caravans will take all the necessary steps to ensure proper collection, use, storage, disclosure of and
access to information in accordance with the Privacy Act and other applicable laws.
PROCEDURE FOR MAKING A COMPLAINT
A person may make a complaint if they feel their personal information has been handled inappropriately by a private
sector organisation in breach of Royal Flair Caravans privacy obligations under the Privacy Act.
In the first instance, complaints must be directed to Royal Flair Caravans Privacy Officer in writing. Royal Flair Caravans
will investigate the complaint and prepare a response to the complainant in writing within a reasonable period of time.
If the complainant is not satisfied with Royal Flair Caravans response or the manner in which Royal Flair Caravans has
dealt with the complaint, the individual may make a formal complaint to the Office of the Federal Privacy
Commissioner (“OFPC”). The OFPC will provide Royal Flair Caravans with the opportunity to respond to the complaint.
Following its enquiries, if the OFPC decides that there is insufficient evidence to support the complaint, the OFPC may
dismiss the complaint. Alternatively, if the OFPCC believes there is enough evidence to support the complaint, it will
try to conciliate the matter.
If conciliation does not resolve the complaint, depending on the circumstances, the Privacy Commissioner may either
close the file or make a determination. A determination could include a requirement that Royal Flair Caravans issue an
apology, improve practices to reduce likelihood of a breach of the Privacy Act, or compensation to be paid to the
complainant.
If the OFPC closes the file, the complainant may apply to the Federal Court or the Federal Magistrates Court by way of
appeal. Either party may also appeal to the Administrative Appeal Tribunal for a review of any compensation amount
ordered by the Privacy Commissioner.