Privacy Statement – Building Appeals Board (BAB)
This statement outlines the procedures followed with regard to the collection, management and disclosure of information held under the provisions of the, the Building Act 1993, the Privacy and Data Protection Act 2014 (Privacy Act) and the Victorian Information Privacy Principles (IPPs).
Management of information is a core function for the BAB. Protecting privacy and personal information helps build confidence in the BAB and underlies how the BAB creates, organises and implements its activities.
The BAB has implemented technology and security policies, rules and measures to protect the personal information that it has under its control.
Exemption – Section 10 of the Privacy Act
The BAB is generally exempt from the requirements of the Privacy Act and the IPPs. This exemption also applies to tribunals and all Victorian Courts.
Nothing in the Privacy Act applies to the BAB in respect of the collection, holding, management, use, disclosure or transfer of personal information which relate to the judicial or quasi-judicial functions of the BAB In addition, nothing in the Privacy Act applies to any registry or office of the BAB, and the staff of that registry or office, with respect to collection, holding, management, use, disclosure or transfer of personal information which relate to, or support, the judicial or quasi-judicial functions of the BAB.
For instance, parties may provide submissions to the BAB that refer to other people. In accordance with its obligations under the Building Act, the BAB must hear appeals and application as efficiently as possible and must comply with the requirements of procedural fairness. The BAB will not contact people merely because they are referred to in a submission, nor will it correct inaccurate assertions in a submission. Rather, it collects and uses information in order to determine an appeal or application in accordance with its statutory functions.
The BAB may provide a submission to a relevant authority, such as the Chief Fire Officer or the Historic Buildings Council, in order to perform its duties. The BAB will act fairly and openly in such situations and will comply with the requirements of procedural fairness. However, the BAB will not seek consent from a party in order to provide a submission to the relevant authority.
Parties should not provide submissions to the BAB which cannot be provided to the other parties to a proceeding. The BAB will not be bound by such requests for confidentiality. The BAB must comply with the requirements of procedural fairness.
The BAB's privacy procedures comply with the Privacy and Data Protection Act 2014.
An email address will only be used for the purpose for which it is provided and will not be added to a mailing list. The BAB will not use an email address for any other purpose or disclose it, without consent, other than as specifically provided for in privacy legislation.
Website and webspaces
The BAB may collect personal information through its website or webspaces, such as:
- Your name, email address, telephone number, IP address and other contact information
- The content of any online application, enquiry, submission, complaint or electronic communication that you send us
- Any registration information you provide to access any of the BAB's online services.
The BAB will not use or disclose any personal information that it collects through its website or webspaces, unless that use or disclosure is required or authorised by legislation, regulations or rules.
Information provided by another party
When personal information is provided to the BAB by another party, such as a legal representative, the BAB relies upon that person to take reasonable steps to ensure that the person, to whom the information is about, is aware:
- That such information will or has been provided to the BAB
- How the person can access his or her information
- The purpose for which the information was provided to the BAB
- To whom the BAB may disclose information of this kind
- Any law that requires the information to be collected by the BAB
- The main consequences (if any) for the individual if all or part of the information is not provided to the BAB
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