Elevista acknowledges that it is bound by the National Privacy Principles (NPP) and other requirements under The Privacy Amendment (Private Sector) Act 2000 (The Private Sector Act).
Further, Elevista also accepts that there are no specific exemptions under The Private Sector Act that apply to the personal information held by it or to its acts or practices.
Despite this, Elevista however does not consider this new legislative requirement as affecting its operations in any more an onerous manner than otherwise was the case. Elevista has always regarded the confidentiality of information collected by it through its course of business as a paramount imperative.
This statement however represents an open public document which specifically spells out the firm's policy in relation to the use of private information and as such its ongoing compliance with the NPP and The Private Sector Act.
What is personal information?
Personal information that Elevista handles can be classified into two categories:
1. 'Personal Information' is information about an individual that Elevista has gathered in any way, including opinions, that is not in the sensitive category, from which the identity of the individual is apparent or can reasonably be ascertained.
2. 'Sensitive Information' is a subset of personal information. It includes information or an opinion about an individual's:
- Racial or ethnic origin; or
- Political opinions; or
- Membership of a political association; or
- Religious beliefs or affiliations; or
- Philosophical beliefs; or
- Membership of a professional or trade association; or
- Membership of a trade union; or
- Sexual preferences or practices; or
- Criminal record; or
- Health information about an individual.
Collection of personal information
When we act on your behalf, Elevista may / will ask you to provide certain information and may also ask for your authorization for the release of information to Elevista by third parties. Some of this information may be classified as personal information.
What happens if you do not provide the information requested?
If you do not provide the information that Elevista requests, then this can either delay or prevent Elevista from:
- Providing you with the best possible legal advice; and / or
- Affect the outcome of any possible legal claim / right you may have.
Disclosure of personal information to third parties
On occasions there may be instances where Elevista finds it necessary to disclose personal information to third parties such as barristers, claims loss assessors/adjusters, medical practitioners and valuers. In all such instances Elevista will take all reasonable steps to ensure that such third parties undertake to comply with the NPP so as to protect the personal information disclosed to such external service providers.
Use of personal information for other purposes
As a part of its value adding service to you, there may be occasions when Elevista contacts you directly to advise you of particular changes in the law or generally makes you aware of legal changes which Elevista believes may effect your industry.
Any such information that you receive from Elevista will be obligation free and you will be given the opportunity of declining to receive such material from Elevista. Further, Elevista assures you that any personal information gathered by it will not be used for financial gain through the sale of such or other dissemination of such information.
How we will ensure compliance
Elevista will provide all employees with training in relation to its obligations under the NPP and The Private Sector Act.
A Policy Officer will be appointed with real powers to oversee continued compliance.
Information Management Systems
The firm's Information Management System will form an integral part of the firm's compliance policy. It will be used to ensure that all data collected will be up to date, easily retrievable and complete.
Elevista will take reasonable steps to protect personal information collected by Elevista from misuse and loss and from unauthorized access, modification or disclosure.
Elevista also will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed or required to be held pursuant to any Court Order or Act of Parliament.
Use of Identifiers
When storing personal information, Elevista will not attribute any identifier to that data which is based on any other publicly open identifier, (eg. tax file number).
Elevista will wherever practicable and lawful, not require you to identify yourself when entering into transactions with Elevista.
Elevista is in reality however practically unable to provide reliable legal services to you on an anonymous basis.
Access to information
The Private Sector Act and the NPP require that except in some limited circumstances, Elevista allows persons to access all their personal information and the right to correct it, or at least to attach a personal statement of correction.
On request by a person, Elevista will take reasonable steps to let that person know, generally, what sort of information it holds, for what purposes and how the firm collects, holds and uses or discloses that information.
To obtain this information, please telephone Elevista on (07) 3231 6300, or write to The Privacy Officer at:
C/O - Barry.Nilsson. Lawyers
Level 21, 215 Adelaide Street
BRISBANE QLD 4000
GPO Box 1451
BRISBANE QLD 4001
If it transpires that the information requested is not to be released under the provisions of the NPP and / or The Private Sector Act, the Privacy Officer will explain the reason for the non-disclosure with direct reference to the relevant legislation.
Should you not be satisfied with how any member of the firm has dealt with your personal information, you may request in writing that the matter be considered by the Elevista Internal Disputes Resolution Committee. This Committee is comprised of Elevista Partners.
If you remain dissatisfied with our decision after you have received a written response from the Elevista Internal Disputes Resolution Committee, you may progress the matter to the Queensland Law Society.
Elevista agrees to accept the determination of the Queensland Law Society as final.
You can contact the Queensland Law Society by writing to:
The Queensland Law Society
Law Society House
179 Ann Street
BRISBANE QLD 4000
or by telephoning (07) 3842 5888.
Naturally, nothing of course denies your statutory rights to make a complaint about interference with your privacy directly to the Privacy Commissioner in accordance with The Private Sector Act.
Spam - "Spam" is unsolicited promotional or advertising information sent via e-mail. Elevista does not send out this type of material.
Should for one reason or another Elevista decide to change this Statement, the firm will take reasonable steps to ensure that any changes are communicated effectively, including publishing changes on this website.