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Property NSW privacy statement

This privacy statement sets out the Property NSW policy in relation to our privacy obligations to you. It also provides an overview of how we manage any personal information collected or stored by this agency.

Legal requirements

As a NSW Government authority, Property NSW is subject to the provisions of the NSW Privacy and Personal Information Protection Act 1998 (PPIP Act) and the Health Records and Information Privacy Act 2002 (HRIP Act) and related regulations. Personal information, as defined in the PPIP Act, generally means information (including information forming part of a database) about an individual whose identity is apparent or can reasonably be ascertained from the information. The PPIP Act contains provisions to safeguard your personal information, and recognises a balance must be achieved between the protection of privacy and legitimate community rights to information or an opinion. The PPIP Act establishes 12 information protection principles to protect your privacy and regulate how the Property NSW manages your personal information. In summary these principles deal with:

  • The collection of personal information.

  • The storage and security of personal information

  • Checking the accuracy of personal information before using it and using it only for purposes relevant to Property NSW functions.

  • Access to and correction of personal information.

  • Limits on disclosure of personal information.

Possible exemptions provided in the PPIP Act mean that, in certain circumstances, NSW public sector agencies do not have to comply with one or more of the Information Protection Principles. Examples include:

  • Personal information used for law enforcement purposes.

  • Personal information used for protection of the public revenue.

  • Where lawfully authorised by another Act.

  • Personal information contained in a publicly available publication.

How we collect information

Property NSW will collect personal information, by lawful means, which is reasonably necessary for performing its functions.

We may collect personal information directly from you or an agent (such as a solicitor) acting on your behalf, to the extent necessary to maintain public registers, meet associated statutory obligations,  or to carry out our internal administrative operations.

We may also collect personal information when you deal with us over the telephone, ask us to contact you after visiting our website, have contact with us in person, or ask us to provide you with, or give you access to, a particular service or product.

The type of personal information we collect from you may include name, address, contact details (including phone, fax and e-mail) and information collected as a result of you dealing with Property NSW.

How we store and secure your personal information

Property NSW takes reasonable steps to protect your personal information from loss, misuse, unauthorised disclosure or destruction.

We have in place generally accepted standards of technology and operational security in order to keep your personal information safe.

Property NSW's Code of Conduct prohibits employees looking at, recording, or disclosing personal information about you except in the performance of their duties.

How we use your personal information

Property NSW may use your personal information for the purpose for which it was collected, for other directly-related purposes (for example, supporting state economic and social development and the efficient planning and provision of property services to the NSW Government), or other purposes required by law, unless you otherwise consent.

We will take reasonable steps to ensure personal information that we keep is accurate, up-to-date, and relevant to the purposes for which it is to be used.

However, you should note that there are situations where we are required by legislation to disclose your personal information, or may be compelled to provide personal information about you to law enforcement agencies, emergency service agencies and other organisations engaged in the planning and provision of services to the community.

The personal information we collect from you allows the government us to provide you and the community of NSW with better service delivery via its agencies.

Access to your personal information in accordance with the PPIP Act

You may apply to us to provide you with details of the personal information about you that we hold. Your request should be in writing and you may be required to pay a fee where authorised by the PPIP Act. Property NSW may also recover our reasonable costs incurred in providing you with information.

Correction of your personal information

If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us and we will take reasonable steps to ensure our records are corrected or appropriately noted.

Disclosure of your personal information

Property NSW will not disclose your personal details unless the disclosure is authorised by the PIPP Act or HRIP Act and Regulations. Your consent to disclose information for particular purposes may be sought by Property NSW or given by yourself for a specific purpose. If appropriate consent is not provided, Property NSW may not be able to provide certain products and services to you or your agents.

Complaints

The PPIP Act Establishes Complaints Mechanism in Relation to Privacy.

An internal review is a process where Property NSW handles complaints about how it has dealt with personal information. Part 5 of the PPIP Act establishes guidelines for conducting an internal review. You can apply for a review of Property NSW's conduct if you believe we have breached an information protection principle or a code of practice that applies to this agency. The stages of our internal review process are:

  • Written applications for an internal review must be lodged with Property NSW within six months of you becoming aware of the alleged breach. Property NSW must make a determination on internal review applications within 60 days of receiving the application.

  • Property NSW will advise of the determination and any subsequent action to be as soon as practicable within the date of the determination being made.

  • If you are not satisfied with the result of the internal review or how we handled the review, you can seek further review from the NSW Administrative Decisions Tribunal.

You may also choose to contact the Privacy Commissioner directly concerning your complaint on T: 02 8019 1600 or writing to:

The Privacy Commissioner
Privacy NSW
GPO Box 7011 Sydney NSW 2001

Further information on privacy

If you would like more information about the Property NSW privacy policy please contact:
The Privacy Coordinator, CEO’s Office
Government Property NSW
GPO Box 4081
Sydney NSW 2001

Further general information on privacy matters affecting the NSW Public Sector can be obtained from:

The Privacy Commissioner
Privacy NSW
GPO Box 7011 Sydney NSW 2001

E: privacyinfo@privacy.nsw.gov.au
W: www.lawlink.nsw.gov.au/privacynsw

Or in relation to appeal processes:

The Administration Decisions Tribunal
Level 15, St James Centre
111 Elizabeth Street
Sydney NSW 2001
T: 02 9223 4677
Toll free: 1800 060 410
W: www.lawlink.nsw.gov.au/adt

Legal disclaimer

Information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Advice from a solicitor, or appropriate adviser, should be sought if there is doubt as to the applicability of this information to your individual circumstances.