Privacy

Definitions

In this privacy statement:

• "Personal information" means information or an opinion (including “sensitive information”) about a person whose identity is apparent or can reasonably be ascertained from the information or opinion.
• “Maritime information” refers to information (including a facial image of an individual) which is collected or received by TSV under the MSA, and that identifies an individual or from which an individual's identity can be reasonably ascertained. (Under the MSA, this is referred to as “relevant information”.)
• “Health information” means information or an opinion about an individual’s physical, mental or psychological health, a disability, an individual’s expressed wishes about the future provision of health services or a health service provided which can be linked to a living or deceased individual.
• “Sensitive information” is a subset of “personal information” and includes information about your race, ethnicity, political opinions or memberships, religious beliefs or affiliations, philosophical beliefs, memberships of professional/trade unions or associations, sexual preferences or practices or criminal record.

In this privacy statement, we refer collectively to the above categories of information as “your information”, where relevant.

Collection of your information

TSV only collects Your Information where it is necessary for it to perform its functions and activities, or manage those functions and activities, or if required to do so by law. TSV will always endeavour to collect Your Information directly from you, rather than from third parties, in a way that is fair, lawful and non-intrusive.

Examples of circumstances in which TSV collects Your Information as part of its functions and activities include when you:

• Apply for a permission, such as a licence, accreditation or registration
• Provide a statement to a TSV officer in the course of a compliance or enforcement activity or investigation
• Make an enquiry or give comment about TSV’s functions or services, or request to be placed on a mailing list
• Apply for a job at TSV
• Lodge a request for access to documents under the Freedom of Information Act 1982 (Vic).

Consistent with functions TSV undertakes across the bus, maritime and rail branches, examples of the information TSV collects, in relation to an individual, include:

• Name, gender, date of birth, address;
• Facial image;
• Criminal history;
• Qualifications, training or educational details;
• Employment history;
• Financial details including credit or bank card details;
• Business or commercial arrangements involving the person, such as partnership agreements;
• Vessel or bus registration and / or accreditation details including identification numbers and vessel or vehicle model details;
• Australian Business Numbers and Australian Company Numbers;
• Licence or certificate details;
• Relevant health information.

Your information

As a general rule, the Safety Director and TSV staff will only use or disclose Your Information for the primary purpose for which it was collected.

In some circumstances, when we collect Your Information for one reason, we may use or disclose it for another reason consistent with the principles set out in the Information Privacy Principles and/or Health Privacy Principles. For example, the Safety Director, TSV staff or contractors may use or disclose it:

• For a secondary purpose that is related to (or in the case of sensitive or health information, directly related to) the purpose for which it was collected, which you would reasonably expect.
• Where we receive your consent to use or disclose Your Information.
• For research or the compilation or analysis of statistics in the public interest. However, individuals will not be identified in the final publication and your prior consent will be sought unless it is impracticable to do so  .
• To prevent or lessen a serious threat to a person's life or health  .
• To prevent or lessen a serious threat to public health, public safety or public welfare.
• Where we suspect that unlawful activity has been, is being or may be engaged in.
• Where it is necessary to assist a law enforcement agency in preventing, detecting, investigating, prosecuting or punishing an offence or seriously improper conduct.
• For any other purposes required or authorised by law, including if the Safety Director considers it necessary for the safe operation of rail, bus and marine transport.

Use and disclosure of your maritime information

When we collect your Maritime Information, different laws apply to how we may use or disclose it. Your Maritime Information may only be used or disclosed by the Safety Director, or a delegate, employee or contractor engaged to provide services for the Safety Director:

• In connection with the administration of the MSA or Marine Safety Regulations 2012 (Vic) (MSR);
• To provide information of community interest or benefit (for example, improvement to public safety, balanced against the public interest of not disclosing);
• For the purposes of monitoring compliance with a relevant marine safety law or enforcing the requirements of the MSA or MSR;
• To the Australian Maritime Safety Authority for a purpose relating to the administration or enforcement of the Marine Safety (Domestic Commercial Vessel) National Law or marine safety;
• For the purposes of any legal proceedings arising out of the MSA or MSR or reporting of those proceedings;
• At the direction of the Minister;
• Where it is reasonably believed to be necessary to prevent or lessen a serious or imminent threat to a person's life or health;
• With your or your authorised representative’s consent; or
• For any other purposes required or authorised by law, including if the Safety Director considers it necessary for the safe operation of rail, bus and marine transport.

Your Maritime Information may also be used or disclosed for the following purposes if there is a written agreement in place between TSV and the recipient governing how the information will be protected:

• To a law enforcement agency for law enforcement purposes;
• For the compilation or analysis of statistics, conducted in the public interest, but only when the published form de-identifies individuals; or
• To a not-for-profit organisation to assist the organisation to locate a missing person or facilitate the reunion of members of a family or friends for non-commercial, humanitarian purposes.

Access and correction

Where possible, TSV will seek to ensure that all information that it holds is accurate, complete and up to date. In many instances, TSV relies upon you to provide accurate and complete information and to advise us if your information changes.

You have the right to access any information that TSV holds about you, unless TSV is required or authorised by or under law to refuse access.

The TSV Privacy Officer may be contacted about updates of or corrections to Your Information held by TSV or for any questions or concerns arising out of this policy:

Privacy Officer
Email: information@transportsafety.vic.gov.au

Privacy complaints

If you believe that Your Information has been collected, used or disclosed by TSV in a manner contrary to legal obligations, you may contact TSV’s Privacy Officer in writing via the contact details above, providing the following information:

• How you believe your privacy has been breached
• The effect the breach has had on you
• What you would like TSV to do in response to your complaint.

The Privacy Officer will acknowledge the request as soon as practicable after receiving it and respond within 30 days.

You should keep a copy of your complaint. If you are not satisfied with TSV’s response, or you do not receive a response within 30 days, then you can direct your complaint to the Office of the Victorian Information Commissioner.

Your privacy while using this website

The TSV website does not collect or record Your Information, other than information that you choose to provide to us via the following mechanisms:

• Enquiries, complaints and feedback web form
• Signing up to the TSV subscriptions service
• Online surveys
• Statutory forms.

Email addresses and any other contact details and information that you provide to TSV will not be added to a mailing list without your express consent.

Cookies

Cookies may be used on this website from time to time to gather statistical information. A cookie is a small piece of information (a text file) that a web server can place temporarily on your hard drive or web browser. It is used by your browser to identify the pages that you have visited on this site.

A cookie is uniquely yours and can only be read by the server that gave it to you. Note that the cookie will remain on your computer as a record for future visits to this website. TSV will not use cookies to identify individual users, unless required by law, for law enforcement purposes or to investigate suspected improper activity in relation to the website.

Web beacons

TSV's web monitoring service provider may use web beacons. These web beacons capture every visit, and measure interactivity at the browser-level. This technology helps measure what is actually viewed on the site.

While the anonymous statistical data TSV collects may be aggregated and used in broader statistical analysis by either TSV or its web monitoring service provider to improve our services, at no time can TSV personally identify you as the source of that data.

Clickstream data

The TSV website's web server may automatically record clickstream data that will not usually relate to an identifiable individual. To the extent that any clickstream data could make you identifiable, we will not attempt to identify you from such data unless required by law, for law enforcement purposes or to investigate suspected improper activity in relation to the website.

Option of anonymity

It is intended that this website can be used anonymously, without disclosing Your Information.

Links to other websites

TSV’s website privacy statement does not apply once you leave this website. When you link to another website, we recommend that you read the privacy statement of that site before to familiarise yourself with its privacy practices.

Changes to this privacy statement

This Privacy Statement is a summary of TSV’s Privacy Policy, which is available on request to the Privacy Officer.

TSV may change this privacy statement from time to time. Any changes will be published on this website.