The Office of Chief Examiner will manage your personal information carefully and in accordance with relevant legislation. The Chief Examiner, Examiners and staff of the Office of Chief Examiner collect, use, disclose and handle personal information including sensitive and health information in accordance with relevant laws, regulations and guidelines including the:
- Privacy and Data Protection Act 2014 (Vic), in particular the Information Privacy Principles (IPPs)
- Charter of Human Rights and Responsibilities Act 2006 (Vic)
- Public Records Act 1973 (Vic)
- Public Interest Disclosures Act 2012 (Vic)
- Health Records Act 2001 (Vic)
- Freedom of Information Act 1982 (Vic)
The Chief Examiner’s functions
The Chief Examiner and Examiners use coercive powers to investigate organised crime offences. They gather information and intelligence from people who are required to attend before them to give evidence and/or produce documents or things.
The Chief Examiner and Examiners prepare confidential reports and other records for the purposes of the oversight of the performance or exercise of their functions and powers. They may also be required to produce or disclose information in legal or other formal proceedings.
The Major Crime (Investigative Powers) Act 2004 (Vic) imposes other functions and duties on the Chief Examiner, which are aimed at assisting to prosecute, combat and reduce the incidence of organised crime in Victoria.
The Act imposes strict secrecy requirements on the Chief Examiner and Examiners, and on staff of the Office of Chief Examiner who support them in the exercise of their functions.
Information we collect
We collect personal information provided by government agencies, members of the public, employees and other third parties where necessary to perform functions under the Major Crime (Investigative Powers) Act 2004 (Vic) and other relevant legislation. This includes information we may receive through the exercise of coercive powers, enquiries, investigations and employees.
We keep any personal information received or obtained confidential, except where necessary to disclose the information in the performance of our functions under the Act, or as otherwise authorised or required by law.
The kinds of personal information we collect about an individual may include:
- name, address, contact details
- personal circumstances, including sensitive information
- health or welfare related information
- financial circumstances
- photographs and audio visual material
We will collect personal or health information directly from you where possible. However, often we will collect information about you from a third party, publicly available source or when exercising our coercive powers.
What we do with the information
Personal information will only be used or disclosed for the purpose(s) for which the information was collected, the primary purpose.
In certain circumstances, and where permitted by law, we may use or disclose personal information for purposes other than the primary purpose for which the information was collected. For example:
we may disclose personal information for a secondary purpose that is related to the primary purpose of collection (or directly related if its sensitive information) and an individual would reasonably expect us to use or disclose their information in this way (for example, sharing information about a person with a legal representative acting on their behalf)
we may be required or authorised by or under law to disclose the information (for example, in response to a subpoena, or a request from Oversight Integrity Victoria, which oversees our activities)
We assign a unique identifier to an individual if it’s necessary or authorised by law (for example, to ensure the confidentiality of an examination).
Any transfer of personal information outside of Victoria is done only where necessary for the purposes of our functions under the Major Crime (Investigative Powers) Act 2004 (Vic), and in accordance with privacy legislation. We take reasonable steps to ensure that any information transferred outside Victoria is not held, used or disclosed by recipients in a manner inconsistent with the privacy legislation, for example by seeking orders or undertakings from recipients of such information requiring them to handle that information in a way that protects both privacy and confidentiality.
When we do not have to comply with privacy legislation
In certain circumstances, we may not have to comply with some or all privacy laws, for example when:
- the provision of another Act prevails over privacy laws
- information is generally available publicly
- the use or disclosure of personal information is necessary to lessen or prevent a serious threat to an individual’s life, health, safety or welfare
The Chief Examiner and Examiners may also need to rely on an exemption from certain privacy laws where it is otherwise necessary for the purposes of performing our functions and activities under the Act.
Ensuring information is accurate and up-to date
We take reasonable steps to ensure that personal information held is accurate, complete and up to date. We rely on individuals to provide accurate and current information, and to notify us if they believe that the personal information we hold is inaccurate, incomplete or out of date.
How we store and protect information
We ensure that records and information are stored and archived in accordance with the Public Records Act 1973 (Vic) and that we have security measures in place to protect personal or sensitive information from misuse, loss, unauthorised access, modification or disclosure.
Accessing your information
The Freedom of Information Act 1982 (Vic) gives an individual the right to access information held by the Office of Chief Examiner, subject to certain exceptions.
For more information visit the our Freedom of Information page.
Privacy complaints
Complaints/queries relating to privacy can be emailed to us – see our contacts page for details. We seek to respond to complaints in a timely, fair and reasonable manner. Contact us if you would like to submit your complaint in person.
If you are not happy with our response, you can contact the Office of the Victorian Information Commissioner.
Anonymity
When making an enquiry you do not have to identify yourself unless you require us to get back to you with an answer to your enquiry or provide further information.
However, when making a complaint, we may need information such as your personal information including your name, contact details, and particulars of the matter in order to conduct a review of your complaint.
Definitions
Personal information
Information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
Health information
Information that can be linked to an identifiable individual (including a deceased person), which concerns that individual’s physical, mental or psychological health, disability or genetic make-up.
Sensitive information
Information or an opinion that is also personal information about a person's:
- racial or ethnic origin
- political opinions
- membership of a political association
- religious beliefs or affiliations
- philosophical beliefs
- membership of a professional or trade association
- membership of a trade union
- sexual preferences or practices
- criminal record
Contact us
To find out more about this privacy policy or how we handle personal information contact us.
Definitions
Updated