This Policy may be updated or varied based on changes in the organisation of Johnston Withers or our requirements and obligations under the Act and the Australian Privacy Principles.
Please read this Policy carefully and contact us for any further information or questions about our use or collection of your information.
“Personal information” is information about an individual who is either identified in the information or easily identifiable from the information.
The types of personal information we collect are:
We also may need to collect sensitive information about you. “Sensitive information” is given a distinct definition under the Act. The types of information that can be considered sensitive and that we may collect are:
If you do not provide us with your personal information, we may be unable to perform certain services for you, e.g. failure to provide any contact details would result in us being unable to contact you, failure to provide existing criminal records could result in us giving you advice that is not applicable to your situation, or failure to provide other personal information may prejudice our ability to properly represent you (eg certain criminal law, family law or personal injury claim or other litigation matters)
If we receive any of your personal or sensitive information from a third party, we will protect it as described in this Policy. We will also take reasonable steps to inform you that we have received this information from a third party. We will also tell you about the type of information we have collected and the reason for the collection.
If you provide us with any personal or sensitive information about a third party, you warrant to us that you have obtained the consent of the third party. It may be necessary for us to have personal or sensitive information about third parties in relation to your matter for us to perform our services to their fullest extent, e.g. in a family law matter, you may be required to give us the names, ages, and any other relevant information about children in your care. Third party information is protected as described in this Policy.
We take great care to maintain the confidentiality of information given to us about children under the age of 18 and will not disclose this information to third parties without your consent unless we are required to do so by the law.
At Johnston Withers, we collect your personal information in two ways:
Johnston Withers takes care to only collect necessary information. The only reasons that we collect your personal information are for the purposes of:
Retention and Storage of Information
We hold personal information in secure and confidential files maintained in paper and/or electronic form. Sometimes personal information held by us is securely stored with third party data storage providers. We take all reasonable steps to protect personal information held by us from misuse, loss, damage, destruction, and from unauthorised access, modification or disclosure. For example, we use physical security and we restrict access to electronic records by the use of passwords. However we cannot guarantee the security of personal information and do not accept liability if, despite our efforts, loss or damage arises from a failure to maintain privacy.
While we endeavour to ensure that personal information collected from you is up to date and complete, we will assume any personal information provided by you is free from errors and omissions, is not misleading or deceptive and complies with all relevant laws. We rely on the personal information provided by you. We will not always check or verify the accuracy of personal information we obtain from you or other persons. You should provide us with details of any changes to your personal information as soon as reasonably practicable following such change.
If you wish for your personal or sensitive information to be changed or corrected, please contact us using the contact information provided at the bottom of this Policy. The Act allows us to refuse to correct your data in some circumstances; we will advise you if we intend to refuse a request for correction.
We will not disclose your personal or sensitive information to a third party unless:
If we disclose your information to a third party, we will request that your information be treated in accordance with this Policy.
You can request access to any personal or sensitive information that we hold about you. We may require verification of your identity and for you to specify what type of information you wish to access in order for us to properly address your request.
Managing Director, Johnston Withers
17 Sturt Street Adelaide SA 5000
Telephone: (08) 8231 1110
Facsimile: (08) 8231 1230
E-mail address: email@example.com
The Managing Director will endeavour to deal with your request or complaint as soon as is practicable, usually within 30 days.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner:
GPO Box 5218
Sydney NSW 2001
Tel: 1300 363 992