Rationale
Moonee Ponds Baptist Church (MPBC) values the privacy of every person and is committed to protecting information that the church collects. All staff, service providers (contractors) and agents, (whether paid or unpaid) of the church must comply with Victorian privacy law and this policy. For MPBC the management of ‘personal information’ and ‘health information’ is governed by the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2001 (Vic) (collectively, Victorian privacy law).
Purpose
This policy explains how MPBC collects and manages personal and health information, consistent with Victorian privacy law.
Definitions:
Personal information is information or opinion, whether true or not, about a person whose identity is apparent, or can reasonably be ascertained, from the information or opinion – that is recorded in any form. For example, a person’s name, address, phone number and date of birth (age). De-identified information about people can also be personal information.
Health information is information or opinion about a person’s physical, mental or psychological health or disability, that is also personal information – whether in writing or not. This includes information or opinion about a person’s health status and medical history, immunization status and allergies, as well as counselling records.
Sensitive information is information or opinion about a set of specific characteristics, including a person’s racial or ethnic origin, political opinions or affiliations, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, or criminal record. It also includes health information.
MPBC collects the following type of information:
- Information about individuals and their family, provided by them.
- Information about job applicants, staff, volunteers and visitors; provided by job applicants, staff members, volunteers, visitors and others.
- Photos and video clips. These may be of people attending functions at the church, for the purposes of video streaming or for use on the MPBC website.
MPBC collects information in a number of ways, including:
- In person and over the phone: from individuals and their family, staff, volunteers, visitors, job applicants and others.
- From electronic and paper documentation including job applications, emails, invoices, enrolment forms, letters to our church, consent forms (for example: enrolment, excursion, and camp consent forms), our website or MPBC social media.
- Through online tools such as apps and other software used by our church.
- Photographs, video footage.
Collection notices: When our church collects information about individuals it takes reasonable steps to advise individuals of privacy issues including the purpose of the collection, and how to access, update and correct information held about them. People have the right to refuse MPBC to use any image of them.
Unsolicited information about individuals: MPBC may receive information about individuals that it has taken no active steps to collect. If permitted or required by law, our church may keep records of this information. If not, we will destroy or de-identify the information when practicable, lawful and reasonable to do so.
Why do we collect this information?
MPBC collects information about individuals and their families when necessary to:
1. Primary purposes of collecting information about individuals and families:
- Support individuals’ social, spiritual and emotional wellbeing and health.
- Fulfil legal requirements, including to:
- Take reasonable steps to reduce the risk of reasonably foreseeable harm to children, individuals, staff and visitors (duty of care).
- Make reasonable adjustments for individuals with disabilities (anti-discrimination law).
- Provide a safe and secure workplace (Occupational Health and Safety law).
And to enable our church to:
- Communicate effectively with the congregation.
- Maintain the good order and management of our church.
- Ensure the effective management, resourcing and administration of our church.
- Fulfil statutory functions and duties.
- Plan, fund, monitor, regulate and evaluate the church’s policies, services and functions.
- Comply with reporting requirements.
- Investigate incidents and/or respond to any legal claims against the church.
2. Primary purpose of collecting information about others including staff, volunteers and job applicants:
- To assess applicants’ suitability for employment or volunteering.
- To administer employment or volunteer placement.
- For insurance purposes, including public liability and WorkCover.
- To fulfil various legal obligations, including employment and contractual obligations, Occupational Health and Safety law and to investigate incidents.
- To respond to legal claims against our church.
When do we use or disclose information?
MPBC uses or discloses information consistent with Victorian privacy law, as follows:
- For a primary purpose – as defined above.
- For a related secondary purpose that is reasonably to be expected – for example, to enable the Diaconate to fulfil its objectives, functions and powers.
- With notice and/or consent – including consent provided on forms.
- When necessary to lessen or prevent a serious threat to:
– a person’s life, health, safety or welfare.
– the public’s health, safety or welfare. - When required or authorised by law – including as a result of our duty of care, anti-discrimination law, occupational health and safety law, reporting obligations to agencies such as Department of Health and Human Services and complying with tribunal or court orders, subpoenas or Victoria Police warrants.
- To investigate or report unlawful activity, or when reasonably necessary for a specified law enforcement purpose, including the prevention or investigation of a criminal offence or seriously improper conduct, by or on behalf of a law enforcement agency.
- To establish or respond to a legal claim.
Responding to complaints
On occasion MPBC and the BUV’s central office, receive complaints from individuals. MPBC and/or the BUV’s central office will use and disclose information as considered appropriate to respond to these complaints (including responding to complaints made to external organizations or agencies).