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Privacy Policy

The Independent Children’s Lawyer website handles personal information in accordance with the Privacy and Personal Information Protection Act 1998 (NSW), Health Records and Information Privacy Act 2002, including the Information Privacy Principles (IPPs) and Health Privacy Principles (HPPs) (collectively, the ‘Privacy Legislation’) as amended from time to time, and any applicable privacy laws and regulations.  

This Privacy Policy sets out the Independent Children’s Lawyer website policies in relation to management of personal information.  

What kinds of personal information do we collect and hold?  

We collect and hold:  

  • your contact details, such as office address, telephone numbers and email address;  

  • your personal details, such as gender, qualifications, titles;  

  • your practice details;  

  • your membership information;  

  • your website order history for paid and free webinars, training, courses and other events offered on the Independent Children’s Lawyer website;  

  • records of your communications and other interactions with us;  

  • records of your communications and other interactions related to marketing/advertising we send to you via third party software related to webinars, training, courses and other events;  

  • records of the webinars, training, courses and other events that you purchase and/or participate in through the website.  

In this Privacy Policy we refer to this as your personal information.  

How do we collect and hold your personal information?  

We generally collect your personal information directly from you including when you use the website to purchase and/or participate in webinars, training, courses and other events. However, in some cases, we may receive your personal information from a third party for the purposes of send marketing/advertising to webinars, training, courses and other events sent to you through the website or via third party marketing software.  

What would happen if we did not collect your personal information?  

Without your personal information we may not be able to process your application or request or provide you with some or all our products and services.  

What are the purposes for which we collect and hold your personal information?  

We collect and hold your personal information to:  

  • fulfil our role including:  

  • maintaining membership records;  

  • providing Independent Children’s Lawyers and relevant stakeholders with information, resources, publications, professional development and training relevant to Independent Children’s Lawyers;  

  • providing information on services, publications, resources and events to members, and the public;  

  • communicating regarding an enquiry, request for information or use of our services;  

  • allowing use of personal information in a controlled manner by persons distributing information relevant to members or relevant stakeholders;  

  • allowing use of personal information in a controlled manner by entities advertising/marketing webinars, training, courses and other events and information relevant to Independent Children’s Lawyers; and  

  • providing general membership information to organisations such as National Legal Aid and legal aid commissions across Australia.  

  • analyse your interaction with the website. The information collected from you may be analysed individually and/or aggregated with the information relating to other members to produce statistical information. Insights from this process are used by National Legal Aid to select and optimise the information, services, resources, publications, professional development, training and advertising we provide to you.  

Use and Disclosure of your personal information  

We do not use your personal information or disclose it to another third party unless:  

  • it is reasonably necessary for one of the purposes described above;  

  • having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure;  

  • it is necessary to protect the rights, property, health or personal safety of a member, the public or our interests, and it is unreasonable or impracticable to obtain your consent;  

  • the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing;  

  • we have reason to suspect that unlawful activity, or misconduct of a serious nature, which relates to our functions or activities has been, is being or may be engaged in, and we believe that the collection, use or disclosure is necessary in order for us to take appropriate action;  

  • the assets and operations of the website are transferred to another party as an ongoing concern;  

  • it is necessary to obtain third party services, for example to carry out data analysis or provide information processing services. The use of your information by third parties is strictly controlled;  

  • it is for one of the purposes expressly permitted under the Privacy Legislation; or  

  • you have provided your consent.  

Mentoring program: submitting an application as a mentee and mentor  

Where you choose to apply through the Mentoring program, including by clicking the “Apply as Mentor” and “Apply as a Mentee” buttons, you consent to the Independent Children’s Lawyer website making your personal information available to the mentor or mentee that you may be matched with through the program.  

Disclosure overseas  

The Independent Children’s Lawyer website may from time to time uses the services of certain third-party marketing providers which may have offices or other operations outside of Australia. As a result, your personal information may be stored overseas. All service providers that have access to personal information held by the Independent Children’s Lawyer website are required to keep the information confidential and not to make use of it for any purpose other than to provide services in accordance with their engagement.  

If you do not want your personal information to be disclosed  

If you do not want your personal information to be disclosed (for instance, you want to have your name excluded from marketing mailing lists) you can manage your subscription via the marketing message, or advise the Independent Children’s Lawyer website by email to: iclwebsite@legalaid.nsw.gov.au. We will accommodate your request provided that the disclosure is not required by law.  

Storage and security of personal information  

We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification, or disclosure.  

If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity.  

You can also help us keep your personal information secure by maintaining the confidentiality of your account passwords and notifying usimmediately of any unauthorised use of your account or any other security breach.  

Privacy Policy application to the website  

Cookies  

We may collect personal information through the use of technologies such as cookies. A cookie is a small text file that a website places on a user’s device to help the website recognise the user and store certain information about their preferences or past actions.  

Cookies enable the website to function more efficiently by remembering user activity and preferences, such as login details and navigation choices. Without cookies, the website may not be able to recognise returning users, and you may be required to re-enter information, such as login credentials, each time you visit a new page.  

Linked websites  

This Privacy Policy does not apply to linked websites.  

Rights to access and correction of your personal information  

You have the right to access your personal information unless we are permitted by law to withhold that information. Requests for access to your personal information should be made to the Independent Children’s Lawyer website manager by email at: iclwebsite@legalaid.nsw.gov.au.  

If you are a registered user, you may also access and update your personal details at any time by logging into your account and editing your profile on the website.  

You have the right to request the correction of any personal information that is inaccurate, incomplete, or out of date.  

In some circumstances it may be appropriate and lawful for us to deny access, including if:  

  • we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;  

  • providing access would have an unreasonable impact on the privacy of another individual;  

  • the request is frivolous or vexatious;  

  • the information relates to existing or anticipated legal proceedings between you and us and the information would not be accessible by the process of legal discovery in those proceedings;  

  • giving access would reveal our intentions in relation to negotiations with you and prejudice those negotiations;  

  • we have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;  

  • providing access would be unlawful or if denying access is required or authorised under Australian law or a court/tribunal order;  

  • giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or  

  • giving access would reveal evaluative information generated within the Independent Children’s Lawyer website in connection with a commercially sensitive decision-making process.  

Further information and complaints  

If you require further information about how we manage your personal information, or if you wish to make a complaint about our handling of your personal information, you should initially contact the Independent Children’s Lawyer website manager by email at iclwebsite@legalaid.nsw.gov.au. We will respond to your enquiry within a reasonable timeframe, generally within 30 days.