Australian Privacy Principles and other applicable legislation and agreements
Turks are bound by and comply with the Australian Privacy Principles (‘APP’) as provided in the Privacy Act 1988.
We also comply with the Spam Act 2003, the Do Not Call Register Act 2006 and applicable State and Territory personal information and health privacy legislation, including the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW), NSW cabinet administrative instructions and NSW government standards relating to personal health information (as if we were a New South Wales government agency and regardless of whether such legislation, instructions and standards would apply to us).
Additionally, we comply with and give effect to individual client privacy policies, under contractual arrangements we may have with them when dealing with their instructions.
You may obtain more information about the APP from the website of the Office of the Australian Information Commissioner (‘OAIC’):
Collecting Personal Information
As defined in the Privacy Act, ‘personal information’ is ‘Information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.’ Personal information can include name, address, contact information, sensitive information, health information, credit information, employee record information and tax file number information.
We collect personal information only when it is required to conduct our business as a law firm.
We collect your personal information when you instruct us to act on your behalf or when you request a service from us, such as attendance at conferences, training sessions or seminars.
We may collect personal information about individuals who are not our client, whose personal information is given to us by another person in the course of a legal matter.
We may also collect personal information when you use our website. The personal information collected is dependent on what you tell us about yourself, such as providing your name and email address when you accept an invitation to attend a seminar or when you send us an online query.
It is unlikely we would collect your sensitive information, such as information about your health and genetic background, racial or ethnic origin, political opinions, political associations, religious beliefs or affiliations, trade or professional memberships, sexual preferences or practices or criminal records. If we need to collect your sensitive information during the course of a legal matter, we would seek your express consent to do so.
Anonymity and Pseudonymity
The APP require us to offer you the option of dealing with us anonymously or using a pseudonym, unless it is impracticable to do so. Due to the nature of our business, it would generally be impracticable for us to deal with you anonymously or using a pseudonym.
Using and Disclosing Your Personal Information
We respect your privacy. Any personal information we collect, will only be used to provide you with the services that you have requested, or otherwise to enable us to conduct our business as a law firm.
We will not disclose personal information about you unless the disclosure is required or authorised by law, you have consented to the disclosure or for another purpose related to the primary purpose of collecting that information that you would reasonably expect.
In the normal course of our business, we would not disclose your personal information to any person or organisation outside Australia. However, there may be particular legal matters which require disclosure to a person or organisation outside Australia for the purpose of that legal matter. If we do so, we will comply with the requirements under the Privacy Act.
We may use your personal information to provide you with information about other services offered by us. If you register for an event, such as a seminar, we may request your name, contact details and employment details (e.g. employer and position/title).
When you register for an event, the only information that you must provide is your name and email address. All other information requested is optional.
If you would prefer not to receive promotional or other material from us, let us know and we will respect your request.
Access to Your Personal Information
Requests for access to your personal information will be handled in accordance with the APP.
Requests for access to personal information should be directed to our Privacy Officer, which will be dealt with as quickly as possible. We may need to verify your identity before providing access to requested information. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given. We will not charge you for requests for access to personal information.
In some cases, we may refuse to give access to personal information. This includes circumstances where giving you access would be unlawful (e.g. where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients), have an unreasonable impact on other people's privacy, prejudice negotiations we are having with you or prejudice an investigation of unlawful activity or where we are unable to properly identify you.
We will refuse access to personal information when it relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If access to personal information is refused, an explanation will be provided.
Correcting Your Personal Information
If you request us to do so, we will amend any personal information held by us which is inaccurate, misleading, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Securing and Storing Your Personal Information
We take all necessary measures to ensure the security and confidentiality of personal information provided to us and take all reasonable precautions to protect it from unauthorised use or alteration.
Disposal of Personal Information
Where personal information is related to a legal matter, it is generally retained for a period of seven years, after which it is able to be destroyed. We will review our need to retain non-legal matter personal information from time to time and, subject to any laws or judicial orders, we can destroy or de-identify it after a period of seven years.
Complaints about a Breach of Your Privacy
If you would like more information about the way we manage personal information, or are concerned that we may have breached your privacy, please contact us:
Tel.: 61 2 8257 5000
Post: The Privacy Officer, Turks, Level 44, 2 Park Street, Sydney NSW 2000
Complaints must be submitted in writing for consideration by our Privacy Officer who will respond to you as soon as practicable.
If correspondence or discussions between you and Turks do not resolve your complaint, you may refer your complaint to the OAIC at www.oaic.gov.au or any other applicable regulatory bodies.
This policy was last updated in March 2022.