Privacy Policy
Purpose
1. This policy explains how the Victims of Crime Commissioner’s Office (VOCC Office) handles personal information. It also outlines what you can do if you have questions or concerns.
2. For clarity, we use the words ‘personal information’ to include personal information and health information.
How we handle your personal information
3. We collect, use, store and protect personal information that we collect while undertaking our work. We commit to protecting your privacy and complying with our legal obligations about how we collect, manage and secure your personal information. If we make mistakes, we will fix them as promptly as we can.
Definitions
4. The VOCC Office may, depending on the circumstances, collect personal information, including health or sensitive information.
5. Personal information is any information that can identify a person, such as a name or contact details.
6. Some personal information is sensitive, such as ethnic origin, sexual orientation, religious belief or criminal record. This information has additional legal protections.
7. Health information is information relating to an identifiable person regarding their physical, mental or psychological health, disability or genetic make-up.
We must comply with privacy laws when we handle information
8. We will comply with all relevant legislation relating to privacy and data protection. These laws require us to only collect or use information that is necessary to perform our functions and authorised by law.
9. The Victims Charter Act 2006 (Vic) states that a victim's personal information, including his or her address and telephone number, is not to be disclosed by any person except in accordance with the Privacy and Data Protection Act 2014 (Vic).
10. We must handle personal information in accordance with the Privacy and Data Protection Act 2014 (Vic), which regulates the collection and handling of all personal information in the Victorian public sector.
11. Section 10 of the Privacy and Data Protection Act 2014 (Vic) provides that the Act does not apply in respect of the collection, holding, management, use, disclosure or transfer of personal information by a court, tribunal, judge, magistrate or registry staff in relation to their judicial or quasi-judicial functions. Therefore, if a court orders us to disclose information for criminal proceedings, the VOCC Office is authorised to provide this personal information.
12. The Victims of Crime Commissioner Act 2015 (Vic) also states that a person must not knowingly disclose any identifying information obtained in the course of the performance of a function or the exercise of a power of the Commissioner.
13. A person may, however, disclose identifying information obtained as a result of the person performing a function or exercising a power of the Commissioner in the following circumstances:
a) if the disclosure is reasonably necessary for the person to perform a function or to exercise a power of the Commissioner;
b) if the disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court or tribunal;
c) if the disclosure is reasonably necessary for the purpose of the administration or enforcement of an order of a court or tribunal;
d) if the disclosure is to a legal practitioner for the purpose of obtaining legal advice or representation;
e) if the disclosure is authorised in writing by the person to whom the identifying information relates;
f) if the disclosure is required or authorised by or under this Act or any other Act.
14. The Health Records Act 2001(Vic) requires the public and private sectors to handle information responsibly.
15. Privacy is also enshrined as a human right in the Charter of Human Rights and Responsibilities 2006 (Vic).
The information we collect and why we collect it
16. The Victims of Crime Commissioner is an independent statutory officer with a responsibility for advocating for the recognition, inclusion, participation and respect of victims of crime in the justice system. This includes victims’ experiences with police, the criminal justice system, and victims’ services agencies. The Commissioner also provides advice to the government on issues affecting victims of crime and holds agencies to account when they don’t treat victims fairly.
17. The Commissioner receives enquiries and can investigate complaints from victims of crime about justice agencies or victims’ services who have not complied with the Victims’ Charter in their interactions with a victim. The Commissioner can also perform investigations of systemic issues regarding victims of crime.
18. In summary, the Commissioner’s responsibilities include:
• receiving enquiries from victims of crime in relation to making a complaint about their treatment in the justice system
• investigating complaints
• conducting systemic inquiries
• advocating for victims
• providing information and education to prescribed agencies
• monitoring prescribed agency compliance
19. The VOCC Office also provide corporate services like recruiting and maintaining staff within our workplace.
20. The VOCC Office collects and uses information provided by complainants, agencies and third parties while taking complaints, conducting enquiries and investigations and to improve our service. The VOCC Office does not otherwise use or disclose personal information unless permitted by law.
21. This means that we have information about enquirers and complainants, prescribed agencies, people attending meetings and consultations, stakeholders we work with and members of staff. The type of information we collect depends on the service we are providing. We will only collect information connected to our work. Read our Website data collection statement.
How we use your information
22. We use personal information for the purposes that it was provided. We also use information gathered from investigations and enquiries for related uses. For example, research, education or reporting publicly on our activities and agency compliance with the Charter. However, we will not disclose information in a way that can identify a person or organisation, unless the individual or organisation has provided consent for this.
23. There are some limited circumstances when we may be required to disclose personal information outside of our organisation. For example, it may be lawful for us to disclose information if a court orders us to.
24. We provide information to enquirers who contact us about their treatment in the justice system. We may collect personal information from enquirers.
How we use information from complaints
25. We investigate complaints. To assist with this, we may collect contact details and other information about someone’s personal circumstances to help us resolve a complaint. We sometimes ask for sensitive information to investigate complaints that relate to an agency not taking a victim’s particular needs into account (e.g. sexual orientation, disability, religion).
26. Providing personal information, including sensitive information, is always optional. If we don’t receive your personal information, this might impact how we can engage with you. We might not be able to:
• Respond to your enquiry or feedback
• Investigate a complaint
• Make a referral to a support service or another entity on your behalf.
27. The Commissioner may request or share information during the process of an investigation. This may include:
• Request information about the complaint from both the complainant and respondent.
• Request relevant information from the Chief Commissioner of Police or DPP.
• With the complainant’s consent, referral of a complaint or matter to another body if considered more appropriate to be dealt with by that agency.
• With the complainant’s consent, referral of a complaint or matter to IBAC.
• With the complainant’s consent, referral of a complaint matter to other persons e.g. DPP, chief Commissioner of Police, VLSC, the Ombudsman.
• The Commissioner must let the complainant know if a matter or complaint has been referred to another body within 14 days of doing so.
28. When assessing information received during an investigation, the Commissioner must not prejudice legal proceedings or investigations and therefore may consult the State Coroner, DPP, chief Commissioner of Police, Commissioner of IBAC, or principal registrar of VCAT to ensure compliance.
29. We collect information from people attending training or information sessions. For example, we collect names, workplaces, telephone numbers and email addresses of attendees. We may also have information about dietary requirements and disability, if we need to make reasonable adjustments to support a person’s participation in a
30. We also use de-identified information to educate others on our role and responsibilities, and to encourage and support prescribed agency compliance with the Charter.
31. We collect information from prospective candidates who apply for jobs as well as staff, for example, names, addresses and medical issues. This information is held centrally by the Department of Justice and Community Safety.
32. When collecting information, we will take reasonable steps to advise you about what information we are seeking and why we are asking for it.
33. We will tell you whether any law requires the collection of the information and the consequences, if any, of not providing it.
34. In some circumstances, it is possible to access our services anonymously, however, this will limit the services we can provide.
35. The main ways we use and disclose personal information are to:
• assess whether an enquiry meets the criteria for an investigation
• investigate complaints
• refer matters to other bodies considered more appropriate to be dealt with by that agency
• maintain records of decisions
• recruit and manage staff
• uphold our workplace safety obligations.
36. We also use this information, after removing identifying details, to meet our reporting obligations.
How we keep your information safe
37. We handle your information with great care to prevent loss, misuse, unauthorised access, modification or disclosure.
38. We store and archive information in accordance with the Public Records Act 1973 (Vic).
39. The Victims of Crime Commissioner must comply with Victorian Protective Data Security Standards. These standards require public-sector organisations to adhere to a set of criteria to promote security practices in the handling of personal information. We have a plan setting out how we will work to ensure that we meet the Standards. The Standards relate to:
• how we set up and manage frameworks and procedures to handle information.
• how we protect information from unauthorised access, use, modification or loss.
• measures taken via information communications technology to promote security.
• strategies to manage the risk of staff misusing the access they have to information they handle in the course of their work.
• how we protect our staff, premises, electronic systems and files from unauthorised access to personal information.
40. This means that we use procedural, physical, software and hardware safeguards, together with access controls and backup systems, to protect information. We limit access to our buildings and systems. We require all our staff to handle information carefully and only obtain what they need in order to do their work. We have plans and processes designed to keep your personal information safe.
You have a right to access and correct your information
41. If you want to access your information or believe that the information is inaccurate and would like it corrected, just contact the staff member you have been dealing with. You can also contact enquiries@vocc.vic.gov.au or call us on 1800 010 017.
42. We will provide the information to you or assist you in making a formal request under the Freedom of Information Act 1982 (Vic).
You can access some of our services anonymously
43. You can access some of our services anonymously by browsing and obtaining information from our website.
44. Some people contacting us may wish to remain anonymous. We do not collect identifying details in these circumstances. In some cases, however, we will be unable to assist a person without collecting some personal information. For example, a complainant needs to identify themselves and a person or organisation they believe is in breach of the Victims’ Charter if they are to pursue a complaint with the Victims of Crime Commissioner.
We use unique identifiers
45. We create a reference number for each person wishing to make a complaint or enquiry. Reference numbers allow us to keep a record of complaints and systemic issues and to avoid conflicts of interest. We do not share reference numbers with other organisations.
Transferring information outside Victoria
46. We generally do not send personal information outside Victoria, other than, for example, minimal personal information about staff for the purposes of setting up meetings with other agencies.
47. Sometimes, we may send information about members of the public outside Victoria if, for example, we are handling a complaint in which one party is outside of Victoria.
48. As part of our projects or systemic inquiries, we may engage a service outside of Victoria.
49. In these circumstances we will ensure the other party is bound by the relevant privacy law in their state or territory. We are careful to protect the privacy of trans-border data flows.
How to complain to us about our handling of your personal information
50. If you are unhappy with how we have handled your personal information, please tell us. We aim to resolve all complaints quickly and fairly. You can make a complaint about how we have handled your personal information by writing to us (details below).
Victims of Crime Commissioner
Attention: Privacy Officer
GPO Box 4356
Melbourne VIC 3000
Email: enquiries@vocc.vic.gov.au
If you are unhappy with how we handle your privacy complaint, you can complain
51. If you are unhappy with how we handle your privacy complaint, you can contact the Office of the Victorian Information Commissioner or the Health Complaints Commissioner. Staff members at the Victims of Crime Commissioner’s Office can also make a complaint.
52. Office of the Victorian Information Commissioner – Privacy and Data Protection
Telephone: 1300 006 842
Email: enquiries@vocc.vic.gov.au
Website: ovic.vic.gov.au
Address: PO Box 24274, Melbourne, VIC, 3001
53. If your complaint relates to health information, you can complain.
Health Complaints Commissioner
Telephone: 1300 582 113
Website: hcc.vic.gov.au
Address: Level 26, 570 Bourke Street, Melbourne, VIC, 3000