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Where am I now? Lawlink > NSW Trustee and Guardian > About Us > Privacy
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Privacy
Your privacy is important to us
Why does NSWTG collect personal information?
What information is collected?
Where is the information kept?
What is the information used for?
Who else may request access to information?
How can find out what information is held about me?
What if I am unhappy with NSWTG’s decisions in relation to personal information?
Where can I find more information about NSWTG’s information privacy policies?
How do I contact the privacy contact officer?
Your privacy is important to us
When NSWTG becomes involved in someone’s life we receive and collect a lot of personal and sensitive information about the person, their family and,sometimes, friends. We respect the privacy and confidentiality of that information.
The law sets out how NSWTG must manage the information provided to it. Depending on how the information is collected the NSWTG may have to follow the Information Protection Principles set out in the Privacy and Personal information Protection Act 1998 or the Health Privacy Principles set out in the Health Records and Information Privacy Act 2002.
Why does NSWTG collect personal information?
NSWTG needs the information it collects to enable it to understand the person’s needs and to plan for the management of their estate. We sometimes have to share information with other government agencies and service providers to ensure the person is appropriately supported and gets the right income.
What information is collected?
Once appointed NSWTG will send an Estate Information Form (EIF) to the person the subject of the financial management order, their family and case manager or service providers. The EIF asks questions such as who the person’s family are, what bank accounts or investments they have, if they have superannuation, or insurance policies, and who they are with, if they own a property and where that property is, whether they have a will. It also asks if there are any issues which NSWTG needs to know about in relation to the management of the estate such as if there are any debts or court cases pending.
We will also speak with people to gather information over the phone or at meetings.
NSWTG will do its best to collect the information directly from the person under financial management. We will work with case managers and family members to help facilitate that. However, if that is not possible we will need to collect that information from their family or service provider so that we can secure and protect the estate, and set up payments to meet the person’s needs promptly.
Without the information we collect NSWTG would not be able to do its job and would not be able to make sure the person can access money to meet their needs. We will only collect information that is related to managing your estate. Although we may sometimes be provided with medical reports which outline a medical history NSWTG does directly collect information about someone’s medical history unless it relates to the person’s capacity to make decisions or paying medical bills and making health insurance claims.
Any information NSWTG is given is stored securely.
Where is the information kept?
The information you provide to us is kept on NSWTG’s computer network and in a series of files, depending on the issues raised. NSWTG staff who are assisting in the management of the estates have authority to access the information. Sometimes other people might access information to help us make sure we are doing our job properly. Any one who has access to the information must agree to keep the information confidential. It is against the law for NSWTG staff or those helping us manage the estate to give information about the person, their family or their estate to anyone except under limited circumstances. If you have any questions about this issue you can discuss it with NSWTG’s privacy contact officer.
What is the information used for?
There are a number of things we use the different pieces of information for, including:
- making sure the person receives the correct government income support payments
- negotiating the repayment of debts
- securing assets
- paying bills including telephone, rent, water, council rates, taxation
- investing money
- engaging contractors to repair or modify property
- commencing or defending legal actions such as recovering stolen assets, contesting wills, personal injury claims, workers compensation claims, victims of crime claims
- arranging access to support services such as Home and Community Care programs e.g. meals on wheels, personal support
- making application for insurance and insurance claims
- referrals to health care and disability professionals for advice and treatment
- preparing reports to the Supreme Court, Guardianship Tribunal and Mental Health Tribunal
- referral to an Authorised Visitor to provide NSWTG with advice about how to manage the estate and meet the person’s needs
- professional supervision and mentoring of NSWTG staff
- undertaking quality assurance and continuous improvement projects to make sure we are improving the way we provide services
- We makes sure that we disclose only the information necessary when sharing information with others.
Who else may request access to information?
NSWTG may sometimes be asked to provide information to the Director General of the Attorney General’s Department or the Attorney General to explain how NSWTG is managing an estate. This is often when someone makes a complaint about NSWTG’s decisions. This access is allowed by law.
Sometimes NSWTG is legally required to provide information such as when a court or tribunal issues a subpoena.
Further information about who can access your information can be obtained by talking with our privacy contact officer.
How can find out what information is held about me?
You have a right to find out what information NSWTG holds about you. You can look at that information and if it is not correct you can ask NSWTG to change it or make a note to that effect.
You can also access the information by making an application under the Freedom of Information Act 1989. Those applications must be made in writing and contain certain information. An application form is available to help you make freedom of information applications. Please contact the privacy contact officer for a copy of the form. There is a charge for processing freedom of information applications, which can be reduced in certain circumstances.
What if I am unhappy with NSWTG’s decisions in relation to personal information?
If you are unhappy with how NSWTG is managing the information you have provided you can ask for that matter to be reviewed by NSWTG’s privacy co-ordinator or make a complaint to Privacy NSW. The privacy contact officer can provide more information about the review process.
Where can I find more information about NSWTG’s information privacy policies?
The best way to get more information about how NSWTG manages personal or health related information is by contacting NSWTG’s privacy contact officer.
How do I contact the privacy contact officer?
The privacy contact officer can be contacted by using NSWTG’s usual contact details:
Phone:(02) 8688 2600
Outside Sydney: 1300 360 466
Fax: (02) 8688 9783
Telephone Typewriter: 1800 882 889
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