Privacy Statement – Building Appeals Board (Board)
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 Board. Protecting privacy and personal information helps build confidence in the Board and underlies how the Board creates, organises and implements its activities.
The Board 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 and Data Protection Act 2014
The Board is generally exempt from the requirements of the Privacy and Data Protection Act 2014 and the IPPs. This exemption applies to all tribunals and Victorian Courts.
Nothing in the Privacy and Data Protection Act 2014 applies to the Board 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 Board In addition, nothing in the Privacy and Data Protection Act 2014 applies to any registry or office of the Board, 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 Board.
For instance, parties may provide submissions to the Board that refer to other people. In accordance with its obligations under the Building Act, the Board must hear appeals and application as efficiently as possible and must comply with the requirements of procedural fairness. The Board 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 Board 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 Board will act fairly and openly in such situations and will comply with the requirements of procedural fairness. However, the Board will not seek consent from a party in order to provide a submission to the relevant authority.
Parties should not provide submissions to the Board which cannot be provided to the other parties to a proceeding. The Board will not be bound by such requests for confidentiality. The Board must comply with the requirements of procedural fairness.
The Board'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 Board 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 Board 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 Board's online services.
The Board 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 Board by another party, such as a legal representative, the Board 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 Board
- How the person can access his or her information
- The purpose for which the information was provided to the Board
- To whom the Board may disclose information of this kind
- Any law that requires the information to be collected by the Board
- The main consequences (if any) for the individual if all or part of the information is not provided to the Board
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Links to external websites