The purpose of this session is to introduce you to the topic of privacy and records management laws. The first part of the session considers the context for privacy laws in the regions. I’ll briefly give an overview of the concept of ‘information privacy’ and the main exemptions which are relevant to core business in the regions. This will be followed by an in depth discussion of the collection and use and disclosure principles. I will also discuss the rest of the 10 information principles which set the standards for the handling of personal information that Victorian public sector organisations must comply with. The remainder of the session focuses on record management laws and the final slide contains details about where to go for help about information privacy, records management and freedom of information laws.
Section 10 exempts courts and tribunals from compliance with the IPPs in relation to the exercise of judicial and quasi-judicial functions. Staff of court registries, or other offices pertaining to a court or tribunal are also covered by the exemption for maters which relate to judicial and quasi-judicial functions. Other functions like Human Resources issues including recruitment processes are covered. Judges, magistrates and other persons are free from privacy laws to act independently, use their discretion, and conduct proceedings in the way they see fit. Quasi-judicial means court like. It describes the actions of non-judicial bodies, such as administrative agencies and how they exercise their functions and powers in a judicial manner”. An example of exercising quasi-judicial power is when a body makes a decision as to the exercise of a discretion after consideration has been given to all relevant evidence. Disciplinary proceedings of boards or regulatory bodies, for example, can be quasi judicial. For example, the Liquor Licensing Board. The Privacy Commissioner in InfoSheet 02.06 Exemptions from the Information Privacy Act has provided some guidance. He has stated that a court registry’s handling of its case records and other documents filed by parties for the purposes of proceedings are likely to be matters which relate to judicial functions and therefore be exempt from the IPPs.
This presentation provides a very brief introduction to privacy and records management laws. Additional information and resources are available on J-NET and the website of the Victorian Privacy Commissioner.
Introduction to Privacy La Trobe Valley Law Courts Centre Morwell “ Privacy Matters” 26 June 2009
Don’t have a legitimate work reason for collecting / sharing/ looking up information. STOP!
I may need the information so that maybe I can better manage client (offender/prisoner/applicant/respondent) SEEK ADVICE FROM DEPUTY REGISTRAR/REGISTRAR OR PRIVACY TEAM.
I am collecting /disclosing information so that I can successfully fulfill my role. GO AHEAD!
Open Justice “ NZ Law Reform Commission ” Media Reports Case Reports Public access to information the Court uses to come to its decision Court Mentions Court hearing to which any member of the public can attend