Kristy Duncan operates in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). The APPs are designed to protect the confidentiality of information and the privacy of individuals by regulating the way personal information is collected, used, disclosed and managed. Generally, personal information is information or an opinion relating to an identified, or reasonably identifiable, individual.
This policy explains the types of personal information that we may collect and hold of our clients or registered users, how that information is used and with whom the information is shared. It also details how clients or registered users can contact us to make an enquiry or raise a concern about this information.
Why do we collect personal information?
As registered migration agents providing immigration assistance and related services or products, we may be required to collect certain personal information, including financial information from clients, which we may provide to the Australian Department of Home Affairs (DHA), the Administrative Appeals Tribunal (AAT), and other relevant agencies, individuals or bodies.
What personal information do we collect?
Personal information we collect about our client and any family members impacted by our client’s immigration matter may include:
- contact information (such as name, address, email address, fax and telephone number)
- nationality and passport details
- employment and education history
- Australian visa and residence history and current status
- overseas residence history
- financial status
- family background
- marital status and relationship history
- health status
- character background and criminal history
Our activities can require us to collect sensitive information. For more details, see the section ‘Sensitive information is subject to greater restrictions’ below.
Kristy Duncan may also collect statistical information about visitors to our website. For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this website.
Personal information may be collected by way of forms filled out by a client or registered user (including online forms); emails; telephone conversations; online user-generated content; face-to-face meetings and interviews. Where necessary and with our client or registered user’s consent, we supplement the information we receive with information from third-party sources, such as our client’s sponsor, employer, nominating organisation or government agencies such as DHA or the AAT.
A client or registered user may in some circumstances have the option of not identifying themselves or using a pseudonym when dealing with us. However, if a client or registered user chooses not to provide the information we need to fulfil a request for a specific service we may not be able to provide a client or registered user with the requested service.
How do we use and disclose personal information?
Kristy Duncan may use and disclose a client or registered user’s personal information for the primary purpose of collection, or for reasonably expected secondary purposes which are related to the primary purpose, or for purposes to which the client or registered user has consented, and in other circumstances authorised by the Privacy Act and the relevant professional conduct and rules imposed by regulatory agencies.
Generally, Kristy Duncan may use and disclose a client or registered user’s personal information for a range of purposes, including:
- to provide services to a client or registered user who has engaged us to provide, including but not limited to immigration assistance and other immigration-related matters;
- respond to client or registered user queries or feedback;
- to provide client or registered users with any communications or publications in which we think might be interested, or which have requested;
- to let a client or registered user know about developments in our procedures, products, services, activities and programs that might be useful; and
- to enable us to comply with our professional standards obligations and requirements as registered migration agents.
Disclosure of personal information to other parties
Kristy Duncan may disclose client or registered user personal information to third parties such as our client’s sponsor, employer or nominating organisation, government agencies and statutory or regulatory bodies as required during the course of provision of services or as expressly consented by our clients. We may disclose personal information for the purposes set out above.
We may also disclose client or registered user personal information if it is required or authorised by law, where disclosure is necessary to prevent a threat to life, health or safety, or where we are otherwise permitted by the Privacy Act.
We do not sell or license client or registered user personal information to third parties without consent.
Sensitive information is subject to greater restrictions
Some of the information we collect may be ‘sensitive information’, including information or an opinion about our client’s health, racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or membership of a trade union that is also personal information, among other things.
Kristy Duncan will only collect sensitive information that is reasonably necessary to allow us to deliver our services.
Kristy Duncan may use and disclose sensitive information for the primary purpose of collection, or for reasonably expected secondary purposes which are directly related to the primary purpose, or for purposes to which a client or registered user has consented and in other circumstances authorised by the Privacy Act (e.g. where required or authorised by law to be disclosed, or where disclosure is necessary to prevent a threat to life, health or safety).
Security and management of personal information
Kristy Duncan will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. The ways we do this include:
- limiting physical access to our premises;
- limiting access to the information we collect about our clients (for instance, only those of our personnel who need client information to carry out our business activities are allowed access);
- requiring any third-party providers to have acceptable security measures to keep personal information secure; and
- putting in place physical, electronic, and procedural safeguards in line with industry standards.
If we no longer require client or registered user personal information and are not legally required to retain it, Kristy Duncan will take reasonable steps to destroy or permanently de-identify the personal information.
Links from our website to other websites
Our website may contain links to third-party websites. We do not operate these websites and therefore are not responsible for the collection or handling of personal information by the operators of these websites.
Accessing the information we hold about our clients
A client or registered user has a right to request a copy of the personal information that we hold about them. The APPs provide some exceptions to those rights to receive the information in this regard. To make a request to access this information, please contact us in writing at one of the contact addresses listed below. We will require you to identify yourself, provide proof of identity and specify what information is required. We may charge a fee to cover the cost of locating, retrieving, reviewing, copying and sending any material requested.
Updating your personal information
We endeavour to ensure that the personal information we hold about a client or registered user is accurate, complete and up-to-date. Please contact Kristy Duncan at one of the contact addresses set out below if you believe that the information we hold about requires correction or is out-of-date.
All information provided to DHA and other relevant government bodies must be accurate. Serious consequences can apply to inaccurate information provided in support of an immigration matter.
Sending information overseas
Personal information may in limited circumstances be sent overseas, including to:
- diplomatic missions of the Australian government (e.g. Embassies, High Commissions);
- foreign government agencies for the purpose of obtaining immigration-related documentation, such as federal police clearance certificates; and
- third party service providers that assist us with immigration and visa related matters.
Kristy Duncan will not send your personal information to a recipient outside Australia without obtaining your consent or otherwise complying with the APPs.
Updates to this policy
Written complaints can be made to us, or the Office of the Australian Information Commissioner, which is the regulator responsible for privacy in Australia.
We will deal with complaints internally as follows,
Step 1: Tell us your concerns
If you would like to make a complaint, contact us in writing using the contact information listed below, specifying your concerns
Step 2: Investigation
Your complaint will be investigated by a responsible officer of the business.
Step 3: Written outcome
A response to your complaint will be provided in writing within a reasonable period.
We expect our procedures will deal fairly and promptly with any complaint. If our outcome does not satisfactorily resolve the complaint to the complainant’s satisfaction, a formal written complaint may be made to the Office of the Australian Information Commissioner: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
FAO: The Privacy Officer
PO Box 3648
Tannum Sands Qld 4680