The Police Association of New South Wales (‘the Association’) is the union representing police officers in New South Wales.
In terms of Members and the Association’s obligations to its Members, the Association is a State Industrial Organisation of Employees registered under the Industrial Relations Act 1996 (NSW). The Fair Work Act 2009 (Cth) applies in terms of the Association’s relationship with its Staff. In terms of the Executive, the Association is an Organisation of Employees registered under the Fair Work (Registered Organisations) Act 2009 (Cth).
The Association collects personal information in order to perform its functions or activities.
The Association takes privacy issues very seriously and we are committed to protecting your privacy and the confidentiality of your personal information. The Association complies with the Privacy Act 1988 (Cth) (‘the Privacy Act’) and the Australian Privacy Principles (‘the APPs’).
This Privacy Statement should be read in conjunction with the Privacy Act and the APPs. The Association also has a Data Breach Response Plan to assist the Association to meet its obligations under the Privacy Act and the APPs.
1 What does the Association do?
In this Privacy Statement:
Document means any record of information whether held in hard copy or electronic format.
Employee/Staff means a member of staff employed by the Association on a temporary, casual or permanent basis including supervisors/managers.
Executive means a member of the Executive of the Association as defined in the Police Association of New South Wales Rules (‘the Association Rules’), as amended from time to time.
Member means a member of the Association as defined in the Association Rules, as amended from time to time. A reference to “members” includes, where relevant, associate members of the Association.
1.1 Association staff and officials are involved in a wide range of activities in accordance with the Association Rules, as amended from time to time, including, but not limited to:
- Representing members in workplace and industry wide negotiations with employers and employer organisations.
- Representing members before Industrial Relations Commissions, Industrial Tribunals and other courts and tribunals on matters relevant to workplace issues.
- Providing information to members about their employment and related rights and obligations.
- Lobbying State and Federal Government and other relevant bodies about matters of concern to members and proposals to address these concerns.
- Publicising to members of the community issues of concerns to members and proposals to address these concerns.
- Conducting research and other activities in order to enable the Association to effectively carry out these functions.
- Providing members and their families with access to a range of benefits and services.
- Publishing journals and circulars about matters relevant to the Association and its members.
- Distributing to members and other individuals and/or organisations who subscribe to Association publications, such as journals and circulars.
- Making business-related travel bookings on behalf of persons including individual Executive, members and employees.
2 What information do we collect and maintain?
2.1 We collect information from the NSW Police Force and members including the name, address, workplace location, date of birth, beneficiary, contact details, promotion/transfer history, and Association Education participation and committee membership (‘personal information’) of police officers/members.
2.2 We also collect personal information from persons including individuals who subscribe to Association publications, including their name, postal address, email address and employment details (‘the personal information’). The Association collects the personal information for the purposes of communicating with the individual, including distributing Association publications, such as journals and circulars. By providing the personal information, an individual is consenting to the application and operation of this Privacy Statement, as amended from time to time.
2.3 We also collect personal information from persons including individual Executive, members and employees, including their name, address, date of birth, mobile telephone number, email address, frequent flyer details and passport number (for international travel) (‘the personal information’). The Association collects the personal information for the purposes of making business-related travel bookings on behalf of those persons. By providing the personal information, an individual is consenting to the application and operation of this Privacy Statement, as amended from time to time.
2.4 By signing the Application Form for Membership of the Association, a member is consenting to the application and operation of this Privacy Statement, as amended from time to time.
2.5 We retain and update personal information during the period of membership and, to the extent necessary for the Association to perform its functions, after membership has ended. Officers/members have the right to access that part of a document or documents retained by the Association that records their personal information, including to update or correct that information if required.
2.6 More detailed information is collected where the Association is assisting members with individual cases (‘specific information’). As documents recording specific information often contain references to other individuals with a right to privacy, or other information that might have been obtained by the Association in circumstances of express or implied confidentiality, members have no automatic entitlement to access the documents recording specific information.
2.7 Members may make applications for welfare assistance or legal assistance from the Association (‘confidential applications’). These applications are treated as confidential and information about such applications will not be made available to other members, unless it is necessary as part of the application or assistance process. As documents generated in relation to confidential applications often contain references to other individuals with a right to privacy, or other information that might have been obtained by the Association in circumstances of express or implied confidentiality, members have no automatic entitlement to access these documents.
2.8 The Association has a Document Retention and Destruction Policy, as amended from time to time, which governs the closing, retention and destruction of documents. This Privacy Statement should be read in conjunction with the Document Retention and Destruction Policy.
2.9 If we receive unsolicited personal information about you or relating to you and we determine that such information could have been collected in the same manner if we had solicited the information, then we will treat it in the same way as solicited personal information and in accordance with the APPs. Otherwise, if we determine that such information could not have been collected in the same manner as solicited personal information, and that information is not contained in a Commonwealth record, we will, if it is lawful and reasonable to do so, destroy the information or de-identify the information.
3 Why do we collect the information?
3.1 We collect and maintain this information in order to perform functions or activities such as:
• Provide services generally to members and, on occasions to former members who may have rights arising from their previous membership of the Association.
• Contact members about matters relating to their Association membership.
• Provide advice to members, sometimes in urgent situations, about their employment and other rights.
• Ensure that services and programmes are provided only to members or, where appropriate, former members, and that non-members do not obtain Association benefits to which they are not entitled.
• Ensure that services and programmes are relevant to the needs of members, including by carrying out surveys and other research.
• Meet statutory requirements under the Industrial Relations Act 1996 (NSW) and other relevant legislation.
• To monitor information that is provided to members.
• To help us to manage disputes and negotiations.
• Distributing to members and other individuals and/or organisations who subscribe to Association publications, such as journals and circulars.
• Making business-related travel bookings on behalf of persons including individual Executive, members and employees.
4 Disclosure of your personal information
4.1 During the course of assisting an individual member with a particular issue we may need to discuss the matter with:
• An Association supervisor/manager for the purpose of seeking advice.
• A legal representative for the purpose of seeking advice or support.
• People within the NSW Police ONLY WITH the consent of the individual member who has brought the matter to the Association.
• External agencies ONLY WITH the consent of the individual member who has brought the matter to the Association.
• Any other person ONLY WITH the consent of the individual member who has brought the matter to the Association.
• For the purposes of training, provided that no person or incident can be identified in any way.
• If we believe on reasonable grounds that disclosure is necessary to prevent or lessen a serious imminent threat to life or health of the individual concerned or another person.
• Or when the disclosure is required or authorised by or under the law.
4.2 As with most organisations, we sometimes rely upon third party providers (including for example, but not limited to, solicitors, publishers, printers, mail houses/distributors, travel companies, etc.,) to help us to provide specialised services to our members, Executive, employees and other individuals and/or organisations who have subscribed to Association publications. These parties act on our behalf. Whilst your personal information may be provided to these third parties to enable them to perform their agreed activities, they are bound by confidentiality and non-disclosure agreements and in the case of professional providers bound by their individual regulatory bodies and/or codes of practices, and are prohibited from using the information for any other purpose. Please note, we will not pass information to third parties without a member’s, Executive, employee’s and/or other individual’s consent, other than in particular cases of contracted-out services, such as use of publishers, printers, mail houses/distributors, or where we are required to by law. We will also have a commitment to secure storage of and control of access to personal information that we maintain.
4.3 We take reasonable steps to ensure that each organisation that we disclose your personal information to is committed to protecting your privacy and complies with the APPs, or is subject to a law or scheme that is at least substantially similar to the way in which the APPs protect information. By providing your personal information to the Association, you consent to us transferring your personal information to such other organisations.
4.4 All employees of the Association are subject to the Association’s Confidentiality Agreements Policy and Email and Internet Code of Use Policy and are required to sign a Confidentiality Agreement as part of their employment contract, which ensures that employees are aware of their obligation to maintain the confidentiality of personal information, specific information and confidential applications.
4.5 In publishing journals and circulars, the Association may disclose information about members or employees of the Association. The Association will take all reasonable steps to obtain permission from members and employees before publication of such information.
4.6 In making business-related travel bookings on behalf of Executive, members and employees of the Association, the Association may disclose information about those individuals. The Association will take all reasonable steps to obtain permission from Executive, members and employees before making such business-related travel bookings.
4.7 If you notify the Association about a data breach we will not disclose personal information about you without first taking all reasonable steps to obtain your permission, or unless you would reasonably expect us to.
4.8 The Association is not likely to disclose your personal information to overseas recipients.
5 Contacting us about access and/or correction to your personal information and complaints about a breach of the APPs
5.1 You have the right to request access to your personal information and request that it be updated or corrected. In most cases, you can gain access to your personal information that the Association holds. To request access to, correction of, or updating of any personal information held about you, please contact the Secretary at the Association’s offices, using the contact details provided below:
Address: PO BOX A1097, SYDNEY SOUTH, NSW 1232
Telephone: (02) 9265 6777, Facsimile: (02) 9265 6789
5.2 We aim to ensure that your personal information is accurate, up to date and complete. Please contact us as above, if you: would like to seek access to, or revise your personal information; or feel that the information we currently have on record is incorrect or incomplete; or if you do not wish to receive information from the Association by mail, emails or other means; or if you would like to make a written complaint about an alleged breach of the APPs.
6 Variations to the Privacy Statement
This Privacy Statement may be varied from time to time and an updated version will be posted on the Association’s website. Please check the Association’s website regularly to ensure that you have the most recent version of the Privacy Statement.