PRIVACY POLICY: WESTERN DISTRIBUTOR PROJECT COMMUNITY ENGAGEMENT

The Victorian Government and Transurban Limited (Transurban) are partnering to build the Western Distributor Project, comprising the planning and construction of the Western Distributor, the Monash Freeway Upgrade and access improvements for Webb Dock (Project).

This Privacy Policy:

This Privacy Policy applies to the handling of personal information in relation to community and stakeholder engagement on the Project by Transurban and the Victorian Government through Western Distributor Authority, an administrative office established in relation to the Department of Economic Development, Jobs, Transport and Resources under the Public Administration Act 2004 (Vic) (Authority).  In relation to the Project, Transurban, the Authority and all Victorian government bodies are required to comply with the Victorian Privacy and Data Protection Act 2014 and Information Privacy Principles that govern the personal information-handling life cycle including collection, storage, use, disclosure and disposal.

1. Collection

The Authority and Transurban collect personal information for various purposes in connection with the Project including as necessary to carry out the functions and activities of the Project, and otherwise where required or authorised by law.

Personal information is collected through a variety of ways including via community and stakeholder awareness and consultation activities such as:

  • Solicited and unsolicited correspondence from the community; and
  • Enquiries, submissions, consultations, surveys and complaints.

This information may be collected by the Authority itself, by Transurban or by other contractors or consultants engaged in connection with the Project.

Collection typically occurs when you provide personal information:

  • To the Project website by means of an enquiry or comment form;
  • When registering for Project updates;
  • Through communicating with social media accounts operated in relation to the Project;
  • By calling a Project community enquiry phone number;
  • Through email or mail enquiries regarding the Project; or
  • On sign-up sheets at Project community information sessions.

Privacy Collection Notice: Western Distributor Project correspondence / enquiries.

2. Use and Disclosure

The Authority and Transurban may use or disclose your personal information for the primary purpose for which it was collected (usually stated at the time you provide the information), and for any related secondary purpose that you would reasonably expect.

Exceptions to this (where we may use your information for other purposes) are:

  • Where we have your consent;
  • Where we are required or authorised by law; and
  • For any other purpose permitted under the Privacy and Data Protection Act 2014 (E.g. circumstances such as releasing information to other government agencies, law enforcement bodies, or to prevent serious and imminent threat to an individual’s life, health, safety or welfare).

Please note that in situations where there is a substantial and countervailing public interest, the Privacy and Data Protection Act 2014  contains mechanisms permitting departure from some Information Privacy Principles under the terms of a Public Interest Determination (permanent or temporary), or an approved Information Usage Arrangement.  Where applicable, we will use and disclose your personal information in accordance with those mechanisms.

The Authority and Transurban may use your personal information and disclose your personal information to each other for the following purposes:

  • Responding to your queries;
  • For the purposes for which your feedback was provided including recording and assessing your feedback and informing policy in relation to the Project;
  • Engaging with third parties in relation to the Project; and
  • Progressing the planning, development and delivery of the Project.

Your personal information may also be disclosed for the purposes described above to Victorian government departments and agencies, ministers, local councils, contractors, consultants and other third parties involved with development of the Project.

We will only send you updates keeping you informed on the Project if you have requested them.

3. Data Quality

We will take reasonable steps to ensure that personal information is accurate, complete and up to date whenever we collect, disclose or use it.  We rely upon you to:

  • Ensure that any information that you provide, or make available is accurate, current, complete and relevant; and
  • Advise of any changes to your information.

4. Data Security

The Authority will take reasonable steps to protect the personal information that it holds from misuse and loss and from unauthorised access, modification or disclosure.  The Privacy and Data Protection Act 2014 mandates compliance by Victorian public sector organisations with Victorian Protective Data Security Standards applicable to public sector data and data systems (including personal information).

When your information is no longer needed for any necessary purpose, we will endeavour to either de-identify your information, or will keep or destroy it in accordance with applicable document disposal schemes made under the Public Records Act 1973.

5. Openness

Your personal information will be managed by the Authority and Transurban in accordance with this Privacy Policy.  The Authority will be transparent about practices relevant to the handling of personal information.

6. Access and Correction

You have the right to access and correct information about you held by us.  Requests for access or correction will be handled cooperatively.  To request access or other changes to your information, please contact the Project on 1300 280 939 or email western.distributor@ecodev.vic.gov.au at first instance.  If your request is simple and only relates to you we may be able to process it informally.

Where informal access or correction cannot be provided (for example, where this would compromise another persons’ privacy or relates to a commercial activity) you will be required to make a formal application under the Freedom of Information Act 1982.  Please contact DEDTR’s FOI Unit on (03) 8392 6244 or email foi@ecodev.vic.gov.au.

7. Unique Identifiers

A unique identifier is a code consisting of alphabet characters and numerals applied to an individual to distinguish them from other individuals (for example, a driver’s licence number).  The Authority and Transurban will only assign, use or disclose unique identifiers to individuals where it is necessary to carry out one of our functions efficiently.

8. Anonymity

We will allow you to interact anonymously with us wherever possible.  If your decision to remain anonymous will have a negative impact on your interaction with us, including the level of service we can offer you, we will advise you before you decide what information to provide us with.

9. Transborder Data Flows

We will not transfer your personal information outside of Victoria, unless this is done with your prior consent or otherwise in accordance with the Privacy and Data Protection Act 2014.

10. Sensitive Information

If the Authority or Transurban need to collect sensitive information about you, your consent will be sought to do so.  The exceptions to this are where collection is:

  • Required under law; or
  • Permitted under the Privacy and Data Protection Act 2014.

We will only use or disclose sensitive information for the primary purpose for which it was collected, or a directly related purpose, or otherwise in accordance with this policy where permitted by law.

You must not disclose sensitive information about a person other than yourself, unless you have the consent of that person to do so.  If you disclose sensitive information about a person other than yourself to us, you warrant that you have obtained the consent of that person to do so.

11. Health Information

The Victorian Health Records Act 2001 requires all Victorian government bodies and other organisations that handle health information to comply with the Health Privacy Principles that govern the health information-handling life cycle, including collection, storage, use, disclosure and disposal.  We will only collect health information about you with your consent (unless we are otherwise allowed or required by law to collect that information).  If the Authority or Transurban collect health information, we will manage that information in accordance with this Privacy Policy.

Definitions

Personal information is recorded information/opinion (whether true or not) that identifies or could identify a living person, but not including health information.  Examples include name, address, sex, age, financial details, marital status, education, or employment history.

Health information includes any information/opinion about an individual’s (including deceased individuals) physical, mental or psychological health, health services, disabilities, organ donation or genetic make-up.

Sensitive information is personal information/opinion about an individual’s:

  • Racial or ethnic origin;
  • Political opinions or 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; or
  • Criminal record.

Information Privacy Principles means the Information Privacy Principles set out in Schedule 1 to the Privacy and Data Protection Act 2014.

Health Privacy Principles means the Health Privacy Principles set out in Schedule 1 to the Health Records Act 2001.

Privacy Contacts

To discuss any privacy concerns please contact us.

Write to:
Locked Bag 28
SOUTH MELBOURNE
VIC 3205
Phone:
1300 280 939
Email:

Alternatively, contact the DEDJTR Privacy Team:

Write to:
GPO Box 4509
MELBOURNE
VIC 3001
Phone:
(03) 8392 6916 or (03) 9665 9535
Email:

Further Information

Privacy and Data Protection Act 2014:

Write to:
Office of the Commissioner for Privacy and Data Protection
PO Box 24014
MELBOURNE
VIC 3001
Website:
Phone:
1300 666 444
Email:
enquiries@cpdp.vic.gov.au

Health Records Act 2001:

Write to:
Office of the Health Services Commissioner
Level 26
570 Bourke Street
MELBOURNE
VIC 3000
Website:
Phone:
1300 582 113
Email:
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