Access to and Correction of Personal Information Procedure
ACU is committed to managing personal information in an open and transparent way.
Personal information is information in any form about or an opinion about any identifiable individual.
3. Right to access personal information held about you
In general, you have a right under the Act to access personal information ACU holds about you although there are some exceptions to this right.
4. Exceptions to the right to access information held about you
The exceptions are:
ACU reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
giving access would have an unreasonable impact on the privacy of other individuals;
the request for access is frivolous or vexatious;
the information relates to existing or anticipated legal proceedings between ACU and the individual, and would not be accessible by the process of discovery in those proceedings;
giving access would reveal ACU’s intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations;
giving access would be unlawful;
denying access is required or authorised by or under an Australian law or a court/tribunal order;
ACU has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to its 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;
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; and
giving access would reveal evaluative information generated within ACU in connection with a commercially sensitive decision-making process.
If ACU determines that because of one of these exceptions it cannot provide you with access to your personal information it will inform you of this in writing, giving reasons for its decision and advising you about how you can complain about that decision.
5. Right to request correction of personal information held about you
You have a right under the Act to request corrections to any personal information that ACU holds about you if you think that information is inaccurate, out-of-date, incomplete, irrelevant or misleading.
When ACU receives such a request it will take all reasonable steps in the circumstances to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
If ACU is unable to, or determines that it should not, make the correction you request it will inform you of this in writing, giving reasons for its decision and advising you about how you can complain about that decision.
If ACU refuses or is unable to correct the personal information for any reason it will, if you request, take reasonable steps to associate with the information a statement from you noting that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading in such a way as to make that statement apparent to users of the information.
6. How to seek access to and request correction of personal information held about you
To access or seek correction to personal information ACU holds about you contact the ACU Privacy Coordinator using the contact details below.
7. How to complain about a refusal to provide access to and correction of personal information
To complain about a refusal to provide access to and correction of personal information ACU holds about you contact the ACU Privacy Coordinator using the contact details below.
Your complaint will be handled in accordance with the ACU Inquiries and Complaints Procedure by someone who was not involved in the decision about which you are complaining.
If ACU does not respond to your complaint within 30 days or if you are dissatisfied with ACU’s response to your complaint you may make a complaint to the Office of the Australian Information Commissioner (OAIC).
To make a complaint to the OAIC follow the details for making a privacy complaint outlined on the OAIC website.
8. Updates to this Procedure
This Procedure will be reviewed frequently and updated as required.
9. Contact details
Contact for all matters related to privacy, including:
accessing personal information held about you;
requests to correct personal information held about you; and