DoCS and your privacy
DoCS is committed to respecting the privacy rights of clients, employees and others with whom we do business.
Our policies and procedures aim to ensure client information is collected, stored and used in accordance with the requirements of the privacy legislation. They also provide our staff, and the organisations we deal with, with a clear understanding of their obligations to protect the personal and health information of clients.
We have a policy of “need to know”, that is, only those officers dealing directly with the cases of particular clients should have access to their personal information.
We keep personal information securely. We do not share the personal information of our clients with other staff unless it is necessary to provide our services. We do not share the personal information of our clients with any outside person or body, unless we are legally authorised to do so.
The Privacy and Personal Information Protection Act 1998 (PPIP Act) regulates how DoCS deals with non-health personal information.
The Health Records and Information Privacy Act 2002 (HRIP Act) protects health-related personal information.
what is your personal information?
Your personal information relates to you personally. You don't have to be named in the information, it's only necessary that your identity can reasonably be worked out from the information.
Personal information is found not just in paper files, but also in such things as electronic records and photographs.
Health personal information is information or an opinion about your physical or mental health or disability. It includes information about health services relating to you.
what is not personal information?
Information is not protected by the PPIP Act if, for example, it:
- can be found in a publicly available publication (such as a newspaper or book)
- is in a public register. DoCS does not keep any public registers
- relates to someone's suitability for public sector employment (for example, resumes and information obtained from referees)
- is about people who have been dead for more than 30 years
- relates to some types of law enforcement and investigation activities
- is allowed to be disclosed under another piece of legislation.
your privacy rights and personal information
If you think that we have misused your personal information, you can make a complaint to DoCS or to Privacy NSW. This can happen if we do not follow the information protection principles for dealing with, collecting, storing or disclosing your personal information.
The information protection principles are explained in Privacy NSW fact sheet No. 1
For health information, the principles are explained in Privacy NSW fact sheet No. 4
lodging a privacy complaint
To lodge a complaint with DoCS about how we've handled your personal information, you need to put your complaint in writing and send it to DoCS within six months of becoming aware that DoCS may have mishandled your information. You will need to supply a return address in Australia for us to reply to you.
You can either:
fax
print and complete the privacy complaint form and fax it to 02 9716 2215.
OR print and complete the privacy complaint form and post it to:
Privacy Contact Officer
Department of Community Services
Locked Bag 28
Ashfield NSW 1800
There is no cost to lodge a complaint or request an internal review under NSW privacy legislation.
The Privacy Contact Officer will look into your complaint and a review should be completed within 60 days. DoCS will then decide how to address your complaint and will notify you about the findings of the review and the action we propose to take.
If you are not happy with DoCS' decision, you have the right to have the findings and the reasons for the findings, reviewed by the Administrative Decisions Tribunal.
If you would like to speak with the Privacy Contact Officer, ring 02 9716 2958
