Overview - Privacy and Freedom of Information

Freedom of Information

The Northern Territory Information Act (the Act) allows for access to government and personal information and the correction of personal information. NT Build has developed an Information Access Policythat sets out the way in which access to information held by the us will be provided for.

Further information about your rights and entitlements can be gained by reading the information below.

Privacy

NT Build undertakes to protect the personal information it holds by collecting only what information is necessary for the performance of its functions, to hold the information for only the period of time required by business, legislative or historical reasons, and to protect such information from unauthorised disclosure or access.

NT Build has developed a Privacy Policy that demonstrates it's commitment to the protection of the privacy of individuals and to the management of personal information in compliance with the ten Privacy Principles as set out in the Schedule to the Act. These Privacy Principles govern how all Northern Territory Government agencies and statutory corporations will collect, store, use and manage personal information. The Privacy Policy outlines the kinds of personal information collected, held and used by NT Build.

If you feel you have a complaint in relation to an interference with your privacy, you may direct the complaint to the Registrar in NT Build and ask to have the complaint resolved. If you are not satisfied with the response by this organisation, you may lodge a complaint in writing to the Information Commissioner under Section 104 of the Act.

Right of Review

If you disagree with the decision made in relation to an application to access government information or to access/correct personal information you have the right to request that we review the decision.

You must lodge an application for review within 30 days of receiving the decision in relation to the original application. The review process will be conducted within NT Build and will not involve the officer who made the original decision. The time frame for us to provide a decision in relation to a review is 30 days.

Right of Appeal

If you are not satisfied with the outcome of a review, you are able to make an appeal to the Information Commissioner. (You would need to do this within 90 days of receiving the decision in relation to the outcome of the review).

Information Act policies

Privacy Policy

Introduction

The Northern Territory Government has established a privacy regime based on 10 Information Privacy Principles which provide the framework for the collection and handling of personal information by all agencies and statutory authorities. The Information Privacy Principles are scheduled to the Northern Territory Information Act (The Act). Further standards for the management of information are set out in the Northern Territory Government Records and Archives Management Standards.

Policy Statement

NT Build is committed to collecting, using, storing and managing personal information in a manner that complies with the Information Privacy Principles. NT Build is also committed to identifying the type of personal information it collects and receives; why it is held, how it is collected, used and disclosed, and the way(s) in which an individual can gain access to that personal information. NT Build will take reasonable steps to correct personal information if appropriate.

The commitment by NT Build to the protection of privacy can be summarised under the following four major areas:

1. Collection

NT Build will only collect personal information necessary for, or directly related to, its activities and functions and only by fair and lawful means. NT Build will at all times endeavour to only obtain personal information about an individual directly from the individual. When collecting personal information NT Build will ensure that a person is aware of:

The purpose for which information is being collected;
To whom the information could be disclosed;
NT Build's correct name and address/contact details;
The fact that the individual is able to have access to the information;
Any law authorising the collection, and
The consequences (if any) for the individual if all or part of the information is not provided.

Personal information is collected by us in order to:

Effectively manage workers service credits for long service leave benefits;
Assess and process employer and worker registrations;
Provide interpreter services to clients;
Conduct research for the purposes of providing data and developing policy for the scheme;
Administer workers registrations and determine eligibility for long service leave benefits under the Scheme;
Assess, process and effectively manage levy payments;
Provide information about up and coming events and keep clients information of industry issues that will impact on the operation of the scheme;
Administer the employment, development and management of NT Build personnel and consultants.
NT Build will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.

NT Build may collect sensitive information if the collection is necessary for research or statistical purposes or limited to any other purpose as stated in The Act.

2. Storage and Security

NT Build will hold possession of personal information and will ensure that there are safeguards in place to protect against misuse, loss, unauthorised access, modification or disclosure. NT Build will also take reasonable steps to de-identify personal information as it is no longer required.

3. Use and Disclosure

In general, NT Build will use personal information only for the purpose for which it was collected and reasonable steps will be taken to acquire consent for disclosure to third parties. However, NT Build may use or disclose personal information for any other purpose if it is required by law or believed necessary to prevent a threat to an individual's or the publics' health and safety.

NT Build will ensure that any information sent outside the Northern Territory is sent only to recipients who will protect privacy under standards similar to the Northern Territory Information Privacy Principles.

4. Access and Correction

NT Build will undertake to provide access to any personal information requested under the Act and will endeavour to meet requests to correct any information that is inaccurate, incomplete or out of date. Rights of access and correction are limited to existing rights under the Information Act (NT).

Information Access Policy

Policy Statement

NT Build supports open and accountable governance by fostering an environment in which information is available to stakeholders and interested members of the community in accordance with the Northern Territory Information Act 2002 (the Act). NT Build strives to make information of interest available to any interested party, where such information does not interfere with the essential public interest, individual privacy or the effective operation of NT Build.

Legislative Framework
The Northern Territory Information Act
Northern Territory Government Records and Archives Management Standards

Principles

1. Methods of Access
1.1 Information regarding NT Build's operations is available by the following means:

• NT Build Website: www.ntbuild.com.au
• NT Build Annual Report – available from NT Build's offices, the website, or an NT Library,
• In writing under the freedom of information (FOI) process.
• Applications may be lodged using the application forms available from the NT Build's website or by letter specifying the information required, the applicant's name, preferred address for communication and certification of the applicant's identity.

1.2 NT Build will redirect applicants out of the FOI process if the requested information is available through another established procedure.

1.3 If information subject to an access request is published at regular intervals NT Build will negotiate to provide the information in a form with the closest date match to the date of request.

2. Timeframes

2.1 NT Build will endeavour to satisfy all requests for information in a timely manner that complies with the timeframes expressed in the Act.

2.2 Processing timeframes for all applications lodged under the Act commence at such time as the application is declared valid under s18 and, if the application relates to government information, the application fee has been paid.

2.3 Where a request to access information is made in relation to information concerning, referencing or identifying a third party or matters concerning Aboriginal Traditions or Sacred sites as mentioned in s30 of the Act, NT Build may negotiate with the applicant for an extension of the 30 days allowed by the Act to satisfy a request.

2.4 Where an extension of time cannot be negotiated NT Build will seek to rectify the third party reference by copying and editing the information concerned. Where editing does not rectify the third party conflict, NT Build will refuse access unless a clear public interest is served by release.

3. Transfer or Referral of Requests for Access to information

3.1 Requests for information held by NT Build that originates from, or is more closely related to the functions of another government organisation, will be referred to that organisation. Any application fees will be transferred with application.

3.2 Where NT Build identifies that it holds information in relation to a request for access to information, but is aware that another organisation also holds related information, NT Build will process the application in relation to the information it holds. NT Build will also advise the applicant that more information may be available from the other organisation. In such matters, NT Build will charge all relevant fees in relation to the application as are due under the Act unless a request to waive or reduce fees has been granted.

3.3 Where NT Build accepts a request and later realises it holds no information in relation to the request, but is able to identify another organisation that holds such information, NT Build will transfer the application to that organisation within 15 days of receiving it (s29 or s37). NT Build undertakes to transfer any fees collected in relation to the application to the second agency along with the application.

3.4 Where NT Build contracts out the provision of a service, NT Build undertakes to process and decide all requests for access to information related to that service. NT Build will include in a service level agreement or contract with the service provider, guidelines as to appropriate standards of record keeping and types of records to be held.

4. Fees

4.1 NT Build undertakes to keep an accurate account of fees and charges incurred in relation to processing requests for information, or supervising applicants viewing personal information (s8 or s21(2)(a)(ii)).

4.2 NT Build will charge for access to information where the application is made and processed under Division 2 of the Act. Charges will be in accordance with s156 of the Act and the schedules established by the Information Act Regulations. Fees will be charged for processing, copying, supervising access and hiring equipment on a cost recovery basis.

4.3 NT Build will require that, where fees in relation to a request exceed more than $100, a deposit of 25% of the estimated cost be paid prior to NT Build retrieving the information. NT Build will also require that the balance of fees be paid or, in special circumstances, a definite payment schedule agreed prior to the provision of information.

4.4 NT Build will consider an application for a waiver or reduction of fees in relation to any fees or charges incurred by an applicant where the applicant applies for such consideration in accordance with s156 of the Act.

4.5 NT Build does not use fees for access to information to discourage applicants from applying and will endeavour to indicate to applicants where fees payable will be excessive.

4.6 Where an applicant defaults on an agreed payment schedule or refuses payment for services provided, NT Build will proceed to recover the costs as per its debt recovery procedures. This may include the transfer of information about the applicant as is necessary to recover the debt.

5. Proof of identity

5.1 The following standards regarding proof of identity apply in relation to applications for access to information lodged under the Act:

5.2 Any one of the following primary sources is an acceptable form of identification:

• Current Australian Passport
• Current NT Driver's licence
• Current document of identity issued by the Passport Office
• Current Defence Force or Police Service ID card.

5.3 If the above forms of identification are not available, at least two other forms must be presented. The following are acceptable secondary sources:

• NT proof of age card from MVR
• Current overseas passport with current entry permit
• Naturalisation/citizenship/immigration papers issued by the Department of Immigration and Multicultural and Indigenous Affairs
• Current consular photo identity card issued by the Department of Foreign Affairs
• Current student photo identity card
• Current driver's licence photo from another State or Territory
• A document listed as a primary source of identity which has expired within the last two years
• A taxation assessment notice from the last year
• Current medicare card
• Current entitlement card issued by the Commonwealth Government
• Current telephone, electricity/water account or rates account with evidence of payment

5.4 If a person is living on a remote community and does not have two secondary sources of identification, an endorsement on the application form by the local member of the NT Police Service, or the Local Government Clerk, or the most Senior Health Officer, will be acceptable. The endorsement must state that he or she has known the applicant for a (specified) period of time and can verify that the applicant is the person named in the application form.

Further information

Further information about your rights and entitlements can be gained by viewing the Information Act itself or by contacting the Information Commissioner's Office.