Level 5, 179 Ann Street, Brisbane

LEGAL PRACTITIONERS ADMISSIONS BOARD Level 5, 179 Ann Street, Brisbane

Information Privacy Act 2009 (Qld) Privacy Statement

2 L E G A L P R A C T I T I O N E R S A D M I S S I O N S B O A R D Privacy – Statement of Commitment

 Legal Practitioners Admissions Board April 2016 Legal Practitioners Admissions Board Level 5 Law Society House • 179 Ann Street BRISBANE QLD 4000 Phone 07 3842 5985 Table of Contents

Statement of Commitment ...... 1

Meaning of 'Personal Information'...... 1

Information Privacy Principle 1...... 2

Information Privacy Principle 11...... 6 P R I V A C Y – S T A T E M E N T O F C O M M I T M E N T

Statement of Commitment

In accordance with its obligations under the Information Privacy Act 2009 (‘the Act’), the Legal Practitioners Admissions Board (‘the Board’) is committed to protecting the privacy of its applicants and ensuring that any personal information obtained by it is handled, collected, used, amended, stored, and disclosed in accordance with the 11 Information Privacy Principles contained within the Act.

In accordance with its statutory functions under the Legal Profession Act 2007 (‘the LPA’) and the Supreme Court (Admission) Rules 2004 (‘the Rules’), the Board provides a variety of services to the legal profession and wider community in Queensland.

Meaning of personal information “Personal Information” is defined under section 12 of the Act to mean: ‘… … …information or an opinion, including information or an opinion forming part of a database, whether true

! 1 P R I V A C Y – S T A T E M E N T O F C O M M I T M E N T

or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion’.

Information Privacy Principles

Information Privacy Principle 1 - Collection of Personal Information (lawful and fair)

To perform its functions under the LPA and the Rules, the Board collects personal information in various ways including:  directly from you (in person, by telephone, through the submission of application forms, receipt of correspondence or email, etc.); IPP1  from third parties such as your mover (for applicants seeking admission), your employer for supervised trainees, etc.;  from publically available sources of information such as the Supreme Court of Queensland.

The Board is committed to ensuring that personal information is only collected for lawful purposes directly relating, and necessary, to performance of its functions. In doing so, the Board ensures personal information is not collected unfairly or unlawfully.

Information Privacy Principle 2 IPP2 - Collection of Personal Information (requested from individual)

The Board takes all reasonable steps to provide a collection notice setting out the purpose of the collection, the legal requirement to collect the information, the sources authorizing the collection, and, if disclosure of information is to be made to a third party, the identity of the third party.

Information Privacy Principle 3 - Collection of Personal Information (relevance, etc.) IPP3

The Board takes all reasonable steps to ensure information collected is relevant to its purpose, up-to-date, complete, and accurate.

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Information Privacy Principle 4 - Storage and security of Personal Information IPP4

The Board takes all reasonable steps to ensure adequate security safeguards are in place to protect personal information from loss, or unauthorized access, use, modification, disclosure, or misuse. If disclosure of information is to be made to a third party, the Board takes all reasonable steps to prevent unauthorized access, use, modification, disclosure, or misuse of the information by the third party.

Information Privacy Principle 5 - Providing information about documents containing Personal IPP5 Information

In accordance with its statutory obligations as set out in part 2.3 of the LPA and the Rules, the Board collects, stores, and uses personal information in order to perform its functions, the type of personal information held by the Board relating to the following classes of persons:

Class of person Examples of information held Supervised  Name; trainees/articled clerks  Date of birth;  Residential, business, and email addresses;  Other contact details such as telephone and facsimile numbers, mobile phone numbers, etc.  Marital status;  Details of academic legal qualifications and results, e.g. enrollment in or completion of an LL.B or JD, etc. Applicants for admission  Name; to the legal profession  Date of birth;  Residential, business, and email addresses;  Other contact details such as telephone and facsimile numbers, mobile phone numbers, etc.  Marital status;  Details of academic legal qualifications and results, e.g. completion of an LL.B or JD, etc.  Details of practical legal training, e.g. completion of a Graduate Diploma in Legal Practice, supervised traineeship at a law firm, service under articles of clerkship, etc.  Information and details relating to suitability matters disclosed to the Board by an applicant

Applicants for early  Name; consideration of  Date of birth; suitability  Residential, business, and email addresses;  Other contact details such as telephone and facsimile numbers, mobile phone numbers, etc.  Marital status;  Details of academic legal qualifications and results, e.g. enrollment in or completion of an LL.B or JD, etc.  Details of practical legal training, e.g. enrollment in or completion of a Graduate Diploma in Legal Practice, supervised traineeship at a law firm, service under articles of clerkship, etc.  Information and details relating to suitability matters disclosed to the Board by an applicant Overseas applicants  Name; seeking assessment of  Date of birth; academic qualifications  Residential, business, and email addresses; and/or practical legal  Other contact details such as telephone and facsimile training numbers, mobile phone numbers, etc.  Details of academic legal qualifications and results completed both overseas and in Australia, e.g. completion of an LL.B, LL.M, etc.  Details of practical legal training completed both overseas and in Australia, e.g. completion of practical legal training course, articles of clerkship or training contract, pupillage, etc.  Information and details relating to admission in a foreign jurisdiction/s,  Information as to an overseas practitioners practice in an overseas jurisdiction,  Information as to an overseas practitioners standing in an overseas jurisdiction. Applicants seeking  Name approval to commence  Address practical legal training  Details of academic legal qualifications and proposed date of early, i.e. to complete graduation practical legal training in  Details of proposed practical legal training and date of conjunction with commencement finalization of law  Details as to why approval should be granted qualifications

Information Privacy Principle 6 - Access to documents containing Personal Information IPP6

The Board is committed to providing access to any personal information unless prevented by law, authorized or required under an access law to refuse to give access under an access law, or where the requested information is expressly excluded by operation of an access law.

An applicant may seek access to information held by the Board by:

(1) submitting a written signed request to the Board including your full name, date of birth, contact details, and a brief description of the personal information to which you are seeking access. (2) lodging an RTI/IP application by completing an RTI/IP application form.

Requests can be provided to the Board either by email, post, or in person. Additional information as to how to access information is set out in the Board’s publication scheme.

Information Privacy Principle 7 IPP7 - Amendment of documents containing Personal Information

Subject to restrictions regarding the amendment of personal information, the Board takes all reasonable steps to ensure personal information is relevant to its purpose, up-to-date, complete, accurate, and not misleading. A person can amend their personal information by providing written notice to the Board or submitting a Personal Information Amendment Application to the Board under the Act.

Requests can be provided to the Board either by email, post, or in person. Additional information as to how to amend personal information is set out in the Board’s publication scheme.

Information Privacy Principle 8 - Checking accuracy, etc. of Personal Information before use IPP8

The Board is committed to making certain all reasonable steps are taken to ensure your personal information is relevant, up-to-date, accurate, and complete having regard to the purpose for which the information is to be used.

Information Privacy Principle 9 - Use of Personal Information only for relevant purpose IPP9

The Board collects and uses personal information to perform the following functions under the LPA:

 registering you as a supervised trainee at a law firm or other office;  considering your application for early consideration of suitability;  considering your application for admission to the legal profession;  assessing your academic legal qualifications and/or practical legal training and/or legal practice both overseas and in Australia if you are qualified or admitted in an overseas jurisdiction.

The Board only uses personal information that is directly relevant to fulfilling its functions. Where your personal information is provided, or disclosed, to external organisations (‘third parties’), for example, in order to efficiently process applications for admission, requests for registration of supervised traineeships, applications for early consideration of suitability, applications for assessment of overseas qualifications and practical legal training, etc., the Board takes all reasonable steps to protect the information from misuse and to ensure third parties comply with the IPPs.

Information Privacy Principle 10 - Limits on use of Personal Information IPP1 0 At times, your details are provided to third parties for reasons of efficiency in order to process applications for admission, requests for registration of supervised traineeships, applications for early consideration of suitability, applications for assessment of overseas qualifications and practical legal training, etc. The Board does not use personal information for another purpose unless you have agreed, either expressly or impliedly, to the use for another purpose and/or the Board is satisfied on reasonable grounds that the use of the information is necessary to lessen or prevent serious threat to the life, safety, or the welfare of others, or to public health, safety or welfare. Further the Board does not use personal information for another purpose unless it is:

 required or authorized by law, or the Board is satisfied on reasonable grounds that the use of the information for another purpose is necessary for the prevention, detection, investigation, prosecution or punishment of an offence or serious improper conduct, etc.  directly related to the purpose for which the information was obtained; or  necessary for research and/or the compilation and/or analysis of statistics in the public interest, and this use does not involve publication of personal information which identifies a particular person.

Information Privacy Principle 11 - Limits on disclosure IPP1

At times, your details are disclosed to third parties for reasons of efficiency 1 in order to process applications for admission, requests for registration of supervised traineeships, applications for early consideration of suitability, assessment of overseas qualifications and practical legal training, etc. The Board does not disclose personal information to a third party unless you are reasonably likely to be aware, or have been made aware, that it is the Board’s usual practice to disclose that type of personal information to the third party, or you have agreed, either expressly or impliedly, to the disclosure of your personal information to the third party. Further the Board does not disclose personal information to a third party unless the Board is satisfied on reasonable grounds that it is:

 necessary to lessen or prevent serious threat to the life, safety, or the welfare of others, or to public health, safety or welfare;  required or authorized by law, or necessary for the prevention, detection, investigation, prosecution or punishment of an offence or serious improper conduct, etc.  directly related to the purpose for which the information was obtained; or  necessary for research and/or the compilation and/or analysis of statistics in the public interest, and the disclosure does not involve publication of personal information which identifies a particular person.

The Board does not provide mailing lists for commercial purposes.