On this page:
- What are our functions
- What information does the VI collect?
- What does the VI do with the information?
- Does the VI have to comply with privacy legislation?
- How does the VI ensure information is accurate and up-to date?
- How does the VI store and protect information?
- How can I access my information?
- How does the VI handle privacy complaints?
The Victorian Inspectorate (VI) will manage your personal information carefully and in accordance with relevant legislation. For us to carry out our functions the VI, its staff and contractors collect, use, disclose and handle personal information including sensitive and health information in accordance with relevant laws, regulations and guidelines including the:
- Victorian Inspectorate Act 2011
- Privacy and Data Protection Act (Vic), in particular the Information Privacy Principles (IPPs)
- Charter of Human Rights and Responsibilities Act (Vic)
- Public Records Act (Vic)
- Public Interest Disclosures Act (Vic)
- Health Records Act (Vic)
- Freedom of Information Act (Vic)
What are our functions
We receive, assess and investigate a range of complaints made about IBAC, IBAC staff, VO staff, VAGO staff, Chief Examiner and Examiners, OVIC staff, OSI and OSI staff.
We have a key role in relation to public interest disclosures;
We oversee a range of integrity, investigatory and accountability bodies including monitoring the use of coercive powers and inspecting records of bodies that use covert, intrusive and investigatory powers; and
We assess relevant procedures and policies of a number of the agencies we oversee.
What information does the VI collect?
We collect personal information provided by applicants, complainants, government agencies, members of the public, employees and other third parties in compliance with our functions and obligations under the Victorian Inspectorate Act 2011 and other relevant legislation. This includes information we may receive through enquiries, complaints, investigations, inspections and employees.
We keep any personal information received or obtained confidential, except where necessary to disclose the information in the performance of our statutory functions under the Victorian Inspectorate Act , or as otherwise authorised or required by law.
The kinds of personal information we collect may include:
- Name, address, contact details.
- Personal circumstances (for example gender).
- Identity (for example if complaint is made on behalf of complainant).
- Information relevant to the complaint including details of the person subject of the complaint, witnesses, audio and video recordings.
- Information provided in statutory notifications relating to the exercise of coercive powers by oversighted bodies including details of the witness, audio and video recordings.
- Information provided in documents relating to the exercise of coercive powers by the VI including details of the witness, audio and video recordings.
- Health or welfare related information.
We will collect personal or health information directly from you where possible. However, at times we may collect information about you from a third party, publicly available source or when exercising our coercive powers.
What does the VI do with the information?
Personal information will only be used or disclosed for the purpose(s) for which the information was collected, the primary purpose.
In certain circumstances, and where permitted by law, we may use or disclose personal information for purposes other than the primary purpose for which the information was collected. For example, the secondary use or disclosure is related to the primary purpose of collection (or directly related if its sensitive information) and an individual would reasonably expect us to use or disclose their information in this way (for example, sharing information about a person with their authorised representative, interpreter or legal advisers acting on their behalf).
In some instances, an individual’s consent may be sought to use or provide personal information to another organisation for a reason. This may include seeking authorisation to further a review or seek information.
We only assign a unique identifier (e.g. employee number) to an individual if it’s necessary, authorised by law or with consent.
Any transfer of personal information outside of Victoria is in accordance with privacy legislation. We take reasonable steps to ensure that any information transferred outside Victoria is not held, used or disclosed by recipients in a manner inconsistent with the privacy legislation, for example by imposing contractual obligations on recipients of such information requiring them to handle that information in accordance with applicable privacy laws.
We may use de-identified information about complaints or investigations such as in published reports to assist and support agencies to improve their policies and procedures, and encourage compliance with their legislation, but not in a way that would compromise an individual’s identity. In certain circumstances, limited identifying information, for example the name and place of employment of a person who has engaged in misconduct, may be published in reports. In publishing any identifying information, we will afford procedural fairness, and ensure the Charter of Human Rights and Responsibilities Act 2006 and any other relevant legislation are considered.
Does the VI have to comply with privacy legislation?
We comply with privacy legislation, although in certain circumstances, we may not have to comply with some or all privacy laws, for example when:
- the provision of another Act prevails over privacy laws
- information is generally available publicly
- we are performing our functions and there is, for example, risk to an individual’s safety or their well-being
How does the VI ensure information is accurate and up-to date?
We take reasonable steps to ensure that personal information held is accurate, complete and up to date. We rely on individuals to provide accurate and current information, and to notify us if they believe that the personal information we hold is inaccurate, incomplete or out of date.
How does the VI store and protect information?
We ensure that records and information are stored and archived in accordance with the Public Records Act 1973 and that we have security measures in place to protect personal or sensitive information from misuse, loss, unauthorised access, modification or disclosure.
How can I access my information?
The Freedom of Information Act gives an individual the right to access information held by the VI, subject to certain exceptions.
For more information visit the VI’s Freedom of Information page.
How does the VI handle privacy complaints?
Complaints/queries should be emailed to email@example.com. We seek to respond to complaints in a timely, fair and reasonable manner. You may also seek to submit your complaint in person at the VI office. Contact us on 1800 518 197 if you would like to submit your complaint in person.
If you are not happy with our response, you can contact the Office of the Victorian Information
When making an enquiry you do not have to identify yourself unless you require us to get back to you with an answer to your enquiry or provide further information.
However, when making a complaint, we may need information such as your personal information including your name, contact details, and particulars of the matter in order to conduct a review of your complaint.
Information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
Information that can be linked to an identifiable individual (including a deceased person), which concerns that individual’s physical, mental or psychological health, disability or genetic make-up.
Information or an opinion that is also personal information about a person’s racial or ethnic origin, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, membership of a political association, professional or trade association, or trade union, or an individual’s criminal record.
Reviewed 08 September 2022