The Queensland Law Society Incorporated (ABN 33 423 389 441) is a regulator of the legal profession in Queensland, with statutory functions under the Legal Profession Act 2007 (Qld) (LPA) and related legislation, as well as being a professional membership organisation for solicitors.
It is because of these two functions that we have obligations in relation to how we collect, hold, use and disclose personal information under the Privacy Act 1988 (Cth) (PA) and the Australian Privacy Principles (APPs), as well as under the Information Privacy Act 2009 (Qld) (IPA) and the Information Privacy Principles (IPPs).
This Privacy Policy is provided in accordance with the APPs.
What is personal information?
The PA and IPA define what personal information means, but in summary it is any information or an opinion about an individual who is reasonably capable of being identified from that information or opinion. It does not include information which has been de-identified.
What kind of personal information do we collect and hold?
We collect a range of personal information, which may include a person’s:
- name
- email address
- signature
- telephone number
- home and / or business addresses
- employer
- date of birth
- bank account and credit card (if a payment is being made or received)
- photograph or video (for events)
- criminal history
- educational qualifications
- employment history, including member records.[1]
[1] For the purposes of the IPA only, information about our employees or former employees is also personal information.
Why do we collect and hold personal information?
Usually, the purpose we are collecting personal information, and the reason it is being collected, will be apparent from the relevant form or context.
If we are collecting personal information on a form because it is authorised or required by a law, such as the LPA or Professional Standards Act 2004 (Qld), that law will be noted on the relevant form. In other contexts, we will tell you if it is being collected under a law if it is reasonable for us to do so in the circumstances.
Some examples of what personal information we collect and why are listed the following Table:
Table – Examples of personal information collection
Type of collection | Personal information we may collect
| Why we collect it
|
Application to renew a practising certificate | Your name and employment details, qualifications and other matters as required under applicable legislation
| So that we can be satisfied of your identity and eligibility for renewal under the applicable legislation. Some details will also be published on our publicly searchable register of solicitors as required by legislation
|
To register for an online CPD event | Your name, contact details and payment information | So that we can process your registration and payment, determine if you are entitled to a membership discount and allow you access to the online event, including providing your details as appropriate to presenters, attendees & our event sponsors
|
We maintain a publicly searchable register of solicitors as required by legislation.
Lexon Insurance Pte Ltd maintains its own privacy policy which can be accessed here https://www.lexoninsurance.com.au/Home/Privacy.
Our wholly owned incorporated legal practice, QLS Solicitor Support Pty Ltd, also maintains its own privacy policy, which may be obtained by contacting the QLS Ethics and Practice Centre on ethics@qld.com.au.
How do we collect and hold personal information?
We collect personal information online using electronic forms, by paper forms, by telephone, by email and in person. Depending on the circumstances, we may also provide a Personal Information Collection Notice at the time of collection.
We usually collect personal information about an individual from that individual directly, but there will be situations where it is appropriate for us to collect it from third parties. In some circumstances that collection may not be authorised by or notified to the individual, for example, during a trust account investigation.
We treat personal information as confidential and hold it securely in the same way that we safeguard our other confidential information. The Public Records Act 2002 (Qld) may also apply to personal information collected or held by us.
There will be lawful reasons why we may disclose personal information without notice or authorisation, such as for the purpose of legal proceedings.
We disclose personal information to:
- Magistrates Court Services Queensland (within the Department of Justice and Attorney General(Q) for use in digital court processes.
- relevant staff and members of the Society, including the Council or committees
- our related bodies corporate, such as Lexon Insurance Pte Ltd in relation to professional indemnity insurance
- providers of other insurance products to our members
- providers of finance to our members (members seeking finance must make application directly to the provider)
- our suppliers and advisers
- for events, presenters, attendees, co-hosts & our event sponsors
- other legal professional bodies, such as the Law Council of Australia,
to allow us to carry out our statutory and membership functions (including updating our records and for research) and to provide information about and to deliver products and services, such as CPD events and legal practice resources.
For personal information of the kind collected from solicitors and those applying to become solicitors, we may disclose that personal information to other legal profession regulators, such as the Supreme Court of Queensland, Legal Services Commission and, where applicable, their interstate counterparts, as well as law enforcement agencies like ASIC, in accordance with our statutory functions.
Do you disclose personal information overseas?
We do not generally disclose personal information outside Australia, however, it may be stored or used by us on servers located overseas without disclosure to third parties and with appropriate security measures in place, so that we can perform our statutory and other functions or provide you with goods or services.
How can I access, correct or amend my personal information?
Please contact us as provided below for details about how to access or correct personal information that we may hold about you. There will be situations where we may lawfully decline to provide access or to make the requested corrections. There may also be charges for providing access or making corrections, although there is no charge to apply. Charges will be reasonable and may vary from time to time.
Your rights under the IPA
You may also have separate rights to access or amend documents containing your personal information under chapter 3 of the IPA.
You can apply using this form and emailing or posting it to us using the addresses below. There are specific timeframes that apply. Statutory charges may also apply and these are explained here: https://www.rti.qld.gov.au/fees-and-charges.
General information about your rights to access or amend your personal information can be found here: https://www.oic.qld.gov.au/guidelines/for-community-members/information-sheets-access-and-amendment. If you would like further information, please contact us as provided below.
Additional rights may be available to access information under the Right to Information Act 2009 (Qld).
Where can I find the APPs and IPPs?
The APPs and related legislation and resources can be obtained from the Office of the Australian Information Commissioner (OAIC): https://www.oaic.gov.au/privacy/australian-privacy-principles.
An overview of IPPs and other resources can be obtained from the Queensland Office of the Information Commissioner (OIC): https://www.oic.qld.gov.au/guidelines/for-community-members/Information-sheets-privacy-principles.
What if I have a privacy complaint?
Please contact us as provided below. We will respond to you about your complaint within a reasonable time.
Your rights under the IPA
If you have applied to access or amend documents containing your personal information under chapter 3 of the IPA and are unhappy with our decision, you may have additional statutory rights of review. There are specific timeframes in which you must exercise those rights.
Outside our organisation, if you have a complaint in relation to our compliance with the PA or APPs, you may wish to contact the OAIC: https://www.oaic.gov.au/about-us/contact-us.
If you have a complaint in relation to our compliance with the IPA or IPPs, including your statutory rights to access and amend, you may wish to contact the OIC: https://www.oic.qld.gov.au/about/contact-us.
Please note that in the case of complaints to either the OAIC or OIC, it is requirement that you have complained to us in the first instance.
Future changes
We may update this Privacy Policy in the future without letting you know. Our current Privacy Policy can be found on our website.
How to contact us
The Privacy Officer
Queensland Law Society
GPO Box 1785
Brisbane QLD 4001
