Royal Botanic Gardens Victoria (RBGV) is committed to protecting personal and sensitive information consistent with the principles set out in the Victorian Privacy and Data Protection Act 2014.
This Privacy Statement applies to the whole RBGV website. It does not apply to linked websites (you should familiarise yourself with the privacy statement of any site you link to).
Personal information is information about you, whether fact or opinion, from which your identity could be reasonably ascertained. The amount and type of information RBGV collects about you depends upon the nature of RBGV’s relationship with you and your requirements from RBGV.
Sensitive information is information about a person’s race or ethnicity, political opinions, religious or philosophical beliefs, sexual preferences or practices, criminal record, or membership details, such as trade unions or professional, political or trade associations.
Health information is information about a living or deceased person’s physical, mental or psychological health.
Collection of personal information
The information collected by RBGV covers a wide range of activities relating to the management of the Gardens, scientific research and public programs for the community.
RBGV collects personal information only when it is necessary for its functions or services, this includes the information needed to manage or administer those functions or services.
Information is collected wherever possible from you directly. Our aim is to collect it lawfully, fairly and without undue intrusion. At the time information is collected, RBGV will advise you in general terms of any other individuals or organisations that have access to the information and whether there are any consequences of not providing the information.
If RBGV needs to collect ‘sensitive’ personal information about you, your consent will be sought to do so.
Use and disclosure of personal information
RBGV uses information only for the purpose for which it was collected or a logically related purpose you would reasonably expect (in the case of sensitive information, a directly related purpose) unless you have consented to another specific use. In some circumstances, RBGV is required or authorised by law to release information to other government agencies, law enforcement bodies or to prevent serious and imminent threat to an individual’s life, health or welfare.
RBGV takes reasonable steps to ensure that personal information held is accurate, complete and up to date. Usually, the RBGV relies upon you to provide accurate and current information and to notify RBGV should your circumstances and details change.
RBGV aims to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. Stored information is also held in accordance with the Public Records Act 1983, which determines when it is appropriate to retain or dispose of it.
Interstate transfer of information
RBGV only transfers personally identifying information outside the state of Victoria where this is required for the purpose for which it was collected or if required by law. RBGV seeks to ensure the information is afforded the same level of privacy protection it would receive in Victoria.
RBGV only assigns or adopts a unique identifier for an individual if it is necessary, authorised by law or with consent. RBGV does not use as its own identifier an identifier assigned by another organisation.
Wherever it is practicable and lawful, RBGV seeks to allow you to interact anonymously with RBGV.
Access and correction
It is RBGV’s policy that where appropriate simple requests that involve information relating only to you, which is easy to retrieve and of a small quantity may be dealt with informally. You can submit the Request for Access to Personal Information Form. In some situations, an individual will have to make a formal Freedom of Information request (for example, if a third party’s privacy is involved).
RBGV undertakes to resolve privacy complaints in a timely, fair and reasoned way.
If you consider your privacy has been breached or interfered with you can make a complaint. If you have been dealing with a specific area of RBGV, contact that area and ask to speak with the person in charge or the person you have been dealing with.
You can contact the Privacy Officer on 9252 2300 or complete the Privacy Complaint Form and address your concerns in writing to:
Royal Botanic Gardens Victoria
Private Bag 2000
South Yarra VIC 3141
Information Privacy Principles
The ten Information Privacy Principles (IPPs) are contained in Schedule 1 to the Privacy and Data Protection Act 2014 (PDP Act). With limited exemptions, all Victorian Government organisations, contracted service providers and local councils must comply with these principles. This is a short summary of the IPPs, which is intended to provide a guide only. For any detailed analysis, please refer to the full text of the IPPs in Schedule 1 of the PDP Act.
2. Use and Disclosure
Your personal information can only be used and disclosed for the primary purpose for which it was collected, and for a secondary purpose that you would reasonably expect in other limited circumstances. It is best that RBGV gets your consent, but the law allows some uses without consent, such as for law enforcement purposes and to protect public safety.
3. Data Quality
RBGV must keep your personal information accurate, complete and up to date.
4. Data Security
Your personal information must be protected from misuse, loss, unauthorised access, modification or disclosure. RBGV must take reasonable steps to destroy or permanently de-identify your personal information when it is no longer needed.
6. Access and Correction
You have a right to seek access to your own personal information and to make corrections if necessary. RBGV may only refuse access in limited circumstances that are detailed in the PDP Act, for example where disclosure might threaten someone’s safety.
7. Unique Identifiers
Unique identifiers, usually a number, can facilitate data matching. Use of unique identifiers is only allowed where RBGV can demonstrate that the assignment is necessary to carry out its functions efficiently. There are also restrictions, which are detailed in the PDP Act, on how organisations use unique identifiers assigned by other organisations.
Where lawful and feasible, you should have the option of transacting with RBGV without identifying yourself.
9. Transborder Data Flows
If your personal information travels outside Victoria, your privacy protection should travel with it.
10. Sensitive Information
This information includes your racial or ethnic origin, political opinions and membership of political associations, religious or philosophical beliefs, membership of professional or trade associations or trade unions, sexual preferences or practices, and criminal record. The law puts special restrictions on its collection.
Access to personal information
Informal access to personal information may be given to an individual requesting information about themselves when:
1. It is easy to find and retrieve
This means the information:
- Is held locally in the office where the request has been made
- Is held on an open file (relating to a current service/product)
- Is held in a currently used database
- Is clearly identified or associated with the name of the applicant
- Can be retrieved easily by an officer with authority to release information to you.
2. It is a small volume of information
3. It is easy to separate from other information
A person’s information will often be mixed with information relating to other people. Some information is prohibited or ‘exempt’ from release under the Freedom of Information Act 1982 (FOI Act), because the public interest in withholding it outweighs the interest in providing access to it.
4. It does not identify another person
Other individuals’ privacy must be protected when a request for access is made by someone about information relating to themselves. For the information to be released there should be no information incorporated in it that identifies someone else (including family members).
5. It does not relate to a current court case or other sensitive issue
This includes information relating to law enforcement activities, protecting the capacity of enforcement bodies to enforce the law or to protect national security, or relating to an investigation of possible unlawful activity. It also means information relating to legal proceedings, protecting documents which would be privileged in a court or tribunal.
6. It does not relate to a commercial negotiation
The information is not about a negotiation, where providing access would expose RBGV to unreasonable disadvantage.
7. It is not a repeated or obviously vexatious request
The information has not been previously requested by the applicant and released or refused.
8. It is not a document prohibited from access under other laws
The information is not contained in a document prohibited from access under other laws, such as the FOI Act.
9. It is not a document that would result in harm if released
The information is clearly marked as provided in confidence or is information that would be potentially harmful if released. If released, the information could cause serious threat to an individual’s life, health or welfare, or public health, safety or welfare.
To apply for informal access, complete the Informal Access Form and send it to:
Royal Botanic Gardens Victoria
Private Bag 2000
South Yarra VIC 3141
Last updated 25 May 2016