Privacy

HubSpot is a third-party service provide that assists us in managing:

• recruitment communications and interactions with potential applicants
• PoliceLife newsletter subscriptions and newsletters.

What information do we collect, use and disclose?

When you engage with Victoria Police through our recruitment initiatives, or PoliceLife the personal information you provide, such as your name, email address, and any other relevant details, may be collected and stored within HubSpot’s platform.

We may use this personal information in future to send you recruitment updates, application tips, event invitations and other related communications if you have provided your consent.

HubSpot may automatically collect certain information when you interact with our communications, including:

• your browser type and version
• your operation system and related technical details
• your IP address
• your engagement with our emails (e.g., open rates, click-through rates).

For more details on the data HubSpot collects, please refer to HubSpot's Privacy Policy.

HubSpot may transfer information with its contractors or other third parties that process data on its behalf, or as required by law.

HubSpot is based in the United States of America (USA) and is subject U.S. laws. However, your information (including your IP address) will be transmitted to and stored on local servers in Australia.

How do I correct a record

Request access to, and corrections of, any personal information provided in a:

• Police Life subscription form submission, by emailing policelife-mgr@police.vic.gov.au.
• Recruitment news subscription form submission, by emailing policecareers-mgr@police.vic.gov.au.

To opt-out of future contact

You can unsubscribe from the Victoria Police recruitment or PoliceLife communications at any time by selecting the “unsubscribe” option in any email sent to you via HubSpot or by contacting us directly.

Victoria Police ensures that any personal information shared with HubSpot is handled in accordance with the Privacy and Data Protection Act 2014. 

By using our Online Reporting and/or Police Assistance Line, you are consenting to us collecting your information for law enforcement functions and activities.

What information do we collect, use and disclose?

The personal, sensitive or health information we collect, use and may disclose includes, but is not limited to your name, address, details of any crimes reported and victim/witness details.

The information you provide will be collected by a third party on behalf of Victoria Police.

The information will be forwarded to the responsible area within Victoria Police and your information will be handled in accordance with the Victoria Police Policies. Your privacy will be handled in accordance with Privacy and Data Protection Act 2014.

If you fail to provide Victoria Police with your information, we may not be able to action the matter you are reporting.

We will only record your e-mail address if you send us a message. Your details will not be added to a mailing list, unless you consent.

We will not use your personal information for any other purpose or disclose it, without your consent, other than as specifically provided for in privacy legislation (e.g. unlawful activity, to protect life or where otherwise required by law, such as to a court of law).

To opt-out of future contact

When using our Online Reporting and/or Police Assistance Line, you may be asked for consent to being contacted by Victoria Police, or a third party on behalf of Victoria Police, for further feedback.

This could include contact for market research purposes to inform improvements to the services and guide public communications (e.g. TV advertising, media releases etc.) related to the services.

If you consented to providing further feedback, but would like to opt out, you can do so by emailing OLR-FEEDBACKOPTOUT-MGR@police.vic.gov.au.

By subscribing to the POLICE FIT app, you are consenting to Victoria Police collecting the personal details you provide upon sign up. This information includes, but not limited to name, email, age or gender.

What information do we collect, use and disclose?

This information may be used for marketing purposes, including but not limited to, Victoria Police recruitment, Victoria Police events, POLICE FIT app updates and changes.

The information you provide upon sign up can be viewed in your profile on the POLICE FIT app.

The POLICE FIT app uses web analytics. More information can be seen below under ‘Use of web analytics data’.

Victoria Police is required to comply with the Privacy and Data Protection Act 2014.

To opt-out of future contact

To opt out of receiving marketing material please email the Victoria Police Recruitment Team at POLICECAREERS-MGR@police.vic.gov.au.

STOPIT is a discrete text-based service that allows public transport commuters to notify us of non-emergency, unwanted and anti-social behaviours that they have experienced and/or witnessed while travelling on public transport.

What information does STOPIT collect, use, disclose and why?

The STOPIT service automatically records the user’s mobile phone number and details they choose to provide including:

• name
• gender
• incident details (eg when and where the incident occurred)

We may use and disclose personal and/or sensitive information collected via the service in the course of preventing, carrying out investigations and law enforcement purposes.

How is my privacy protected?

There are specific legislative requirements to ensure people who are authorised to access information in STOPIT are doing so in an appropriate manner. There are offences and strict penalties under the Privacy and Data Protection Act 2014 (Vic) for improper use or disclosure of information contained in STOPIT.

How can I correct a record in STOPIT if I believe it is incorrect?

If you become aware of an error in a particular STOPIT notification submission, please contact stopit@police.vic.gov.au.

We use Google Analytics cookies and advertising features to collect information about visitors to this website for reporting, marketing and remarketing purposes.

A cookie is a block of data that is shared between a web server and a user's browser.

Cookies track how visitors interact with our website, including where they came from, what they did on the site and whether they completed any transactions.

Cookies can also be used to target content variations to a user. A content experiment cookie determines a user's participation in an experiment in order to improve website performance and visitor experience.

Our website also contains Google remarketing code, also known as a tag or pixel. This code adds visitors to our remarketing audiences through browser cookies.

When you look at this web site the cookie and/or our Internet Service Provider (ISP) makes a record of your visit. The following information is then logged for statistical purposes:

• user's server address
• user's top level domain name (for example .com, .gov, .au etc)
• date and time of visit to the site
• pages accessed and documents downloaded
• previous site visited, and
• type of browser used

Read more about Google's privacy policy.

We use some third-party software providers to collect information about your interactions with our website to help us improve our website performance, content, and user experience.

For more information about our third party vendor’s terms of service, visit:

• Google Analytics
• Google Tag Manager
• Hotjar
• Acquia Optimise (formerly known as Monsido)
• YouTube.

We use web analytics data to:

• analyse, measure, and report on website traffic and visit data in order to improve our website performance, content
• optimise and personalise user experiences
• create and serve relevant content to Remarketing Audiences based on specific behaviour, demographic, and interest data, and share those lists with Google Ads
• conduct security audits to protect against threats from hackers or other security purposes when required.

We do not use this information to identify you or match it with any other personal information that we may collect from you, unless required to do so as part of an internal investigation or for a law enforcement-related purpose, in accordance with the PDP Act.

Your site visit data is collected under the authority of Information Privacy Principle 1.1 of the PDP Act for the purposes stated above.

Can I opt out of the collection of web analytics data?

You cannot opt out of the automatic collection of information that is used for analytical purposes, however you may choose to disable cookies or delete any individual cookie.

Disabling cookies may result in our website not functioning fully and compromise your ability to browse, read, and download information. In this instance, our services may still be accessed by contacting us via other methods such as telephone or mail.

To opt-out of the tracking and website analytics features we use, visit Google Analytics' opt-outs for the web.

You can also opt out of our third-party vendor's use of cookies by changing your device’s settings.

Disclosure of web analytics data

Apart from the third party tools described in this Privacy Statement, we do not disclose your site visit data to any other third parties without your consent, unless we are required or authorised to do so by law.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, when Victoria Police or other law enforcement body may examine the Internet Service Provider's logs (e.g. in relation to hacking or abusive messages).

Social media share links appear on this website under "Share this page".

By clicking these links, you are given the option to share the website page as a post on your own X (formally Twitter), Facebook or LinkedIn account.

These social media networks have channel-specific privacy policies and may collect your personal information if you choose to share a post. We recommend viewing their privacy policies at the links below.

• X (formerly Twitter)
• Facebook
• LinkedIn.

We may collect personal information that you provide us via our social media channels for the purposes of engaging and consulting with the public. Any personal information we collect will be handled appropriately and in accordance with this privacy statement.

We use Emplifi to manage our social media accounts. Information collected by these accounts is also shared with Emplifi.

Social media platforms may also collect your personal information for their own purposes.

When you agree to their terms of service and privacy policy, you agree to your information being transferred outside Victoria.

Each social network has inbuilt privacy settings. We recommend that you regularly check and configure your privacy settings for your profile and accounts to make sure you know what information you are making available and to which audience.

Learn more about our social media accounts and terms of use.

Victoria Police is bound by the Privacy and Data Protection Act 2014 (VIC) and values the privacy of every individual with whom it interacts in the course of its functions and activities.

Victoria Police is committed to protect against the misuse, loss or unauthorised access and disclosure of personal information in accordance with the Information Privacy Principles under this Act.

Police Officers (Members), Protective Services Officers (PSOs) and Police Custody Officers (PCOs) are supported in their roles by Victorian Public Service employees who work as administrators, managers and specialists in a range of functions such as administrative support, legal services, accounting, psychology and forensic sciences.

Victoria Police uses the information it collects to carry out its functions and activities under the Victoria Police Act 2013 (VIC).

Victoria Police is defined as a “law enforcement agency” under section 3 “Definitions” of the Privacy and Data Protection Act 2014 (VIC). Victoria Police's role is to serve the Victorian community and uphold the law to promote a safe, secure and orderly society.

Victoria Police achieves this by:

• preserving the peace
• protecting life and property
• preventing offences
• detecting and apprehending offenders
• helping those in need of assistance.

For further information about Victoria Police services, visit About Victoria Police, which details the organisational values that underpin Victoria Police’s policies, procedures and practices and how Victoria Police interacts with the community, including its employees.

Personal Information

Personal information means 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, but does not include health information.

Health information is governed by the Health Records Act 2001 (VIC). For further information about Victoria Police’s policy associated with health information, refer to the Victoria Police Health Records Statement in the next section.

The sort of personal information Victoria Police collects includes names, date of birth, addresses, contact details, sex, photographic images, audio visual material, criminal history, fingerprints, licence and motor vehicle registration details.

This information is generally collected because of Victoria Police’s law enforcement or community policing functions and is recorded in either paper or electronic form.

Victoria Police supports the regulation of personal information privacy, however, there will be situations where to meet the needs of the community, police collect, use and/or disclose personal information without the consent of the individual involved.

Victoria Police works together with many people, including those from government and non-government agencies, to ensure individuals and the community are safe.

Proactive crime prevention programs and initiatives are a key focus for Victoria Police. This involves Victoria Police sharing personal information for legitimate business and law enforcement purposes.

Victoria Police has a responsibility to prevent the commission of offences and expose the public to the realities of police enforcement across the State, thereby deterring unlawful activity in the community. This is a law enforcement function.

Any of Victoria Police’s programs and initiatives are community policing functions, as they expose the community to the effectiveness of policing in many facets, (i.e. road policing and family violence issues) and involve members of the public interacting and offering their involvement with police as an example to others.

Victoria Police is required to comply with the Information Privacy Principles (IPPs) unless it is reasonably necessary not to.

Section 15 of the Privacy and Data Protection Act 2014 (VIC) creates an exemption provision for Victoria Police whereby it is not necessary to comply with some IPPs if it believes on reasonable grounds that non-compliance is necessary for its law enforcement or community policing functions.

For example, it would defeat the purpose of covert surveillance if Victoria Police were to inform an individual that their personal information is being collected.

Law enforcement functions or activities include:

• the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
• the enforcement of laws relating to the confiscation of the proceeds of crime; or
• activities in connection with the conduct of proceedings commenced, or about to be commenced in any court or tribunal.

Community policing relates to those normal policing activities undertaken by Victoria Police which do not come under the banner of law enforcement.

Community policing functions include, but are not restricted to:

• co-ordination of emergency management;
• location of missing persons;
• death investigation and other activities on behalf of the Coroner;
• involvement in family violence situations;
• location of next of kin; and
• roles as licensing investigations and the operation of liquor forums.

The IPPs may not apply if there is a specific provision in another Act that applies to the handling of information which conflicts with the IPPs.

If there is a conflict, then the specific provision takes precedence. For example, the part 5A of the Family Violence Protection Act 2008 (VIC) override the disclosure provisions in the Privacy and Data Protection Act 2014 (VIC).

Victoria Police is bound by the Victoria Police Act 2013 (VIC). This Act empowers the Chief Commissioner of Police with the responsibility for the superintendence and control of the Force, and imposes a highly prescriptive disciplinary regime.

The Victoria Police Act 2013 (VIC) also makes it an offence for current or previous personnel of Victoria Police to disclose any fact or document without authorisation which comes into his or her knowledge by virtue of his or her office or position.

The Privacy and Data Protection Act 2014 (VIC) consists of 10 IPPs. In accordance with Section 20 of the Privacy and Data Protection Act 2014 (VIC) Victoria Police must not do an act, or engage in a practice, that contravenes an IPP in respect of personal information collected, held, managed, used, disclosed or transferred by it.

The following is a summary of how Victoria Police manages your personal information.

Principle 1 – Data Collection

It is necessary for Victoria Police to collect personal information in order to carry out its functions and activities. Victoria Police will only collect personal information by lawful and fair means.

Where Victoria Police collects personal information for reasons other than law enforcement or community policing functions or activities, persons from whom information is collected will be notified how their information will be used and/or disclosed, and how they can gain access to their information.

For law enforcement and community policing functions Victoria Police is exempt from this requirement if it believes on reasonable grounds that the non-compliance is necessary.

Principle 2 - Use and Disclosure

The Privacy and Data Protection Act 2014 (VIC) provides that personal information should only be used or disclosed for the primary purpose for which it was collected.

It should only be used or disclosed for a secondary purpose that would be reasonably expected or if consent has been obtained.

On some occasions where Victoria Police believes on reasonable grounds that it is necessary; it can use or disclose personal information for reasons other than that for which it was collected.

The Privacy and Data Protection Act 2014 (VIC) provides exemption provisions in situations where this is necessary.

In general, Victoria Police only uses or discloses personal information in order to carry out its policing functions.

This includes photographic images and audio-visual material which may include personal information gathered (i.e. collected) through surveillance activities during law enforcement and/or community policing functions and activities.

However, Victoria Police may where it is reasonably believed to be necessary, use or disclose the personal information it collects for a purpose that is different from the main reason it originally collected the information.

This may include in the following situations:

• Victoria Police reasonably believes that the use or disclosure is necessary to lessen or prevent:
  • a serious and imminent threat to an individual’s life, health, safety or welfare; or
  • a serious threat to public health, public safety or public welfare; or
• Victoria Police has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
• The use or disclosure is required or authorised by or under law; or
• The organisation reasonably believes that the use or the disclosure is reasonably necessary for one or more of the following by or on behalf of a law enforcement agency-
  • the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction; or
  • the enforcement of laws relating to the confiscation of the proceeds of crime; or
  • the protection of the public revenue; or
  • the prevention, detection, investigation or remedying of seriously improper conduct; or
  • the preparation for or conduct of proceedings before any court or tribunal, or implementation or the orders of a court or tribunal.

Victoria Police may also use and disclose personal information under the provisions outlined under Section 20(3) of the Privacy and Data Protection Act 2014 (VIC) which provide that an act or practice is permitted under:

1. public interest determination or a temporary public interest determination;
2. an approved information usage arrangement; or
3. a current certificate.

An example of this use may be for an emergency disaster situation requiring the urgent sharing of personal information to manage to the situation.

The following examples are areas in which Victoria Police has policies dealing with specific types of information use and disclosure.

Media

Victoria Police employees have strict guidelines regarding the type of information that may be disclosed to the media. Items such as film (i.e. audio-visual material), photographs, computer generated images, or descriptions may be released if there is a law enforcement or community policing purpose for disclosure.

Release of information identifying escapees may be published in certain circumstances.

Names or photographs of missing persons or individuals whose whereabouts or identity is sought to assist with police investigations, may also be released.

LEAP and related information

The LEAP (Law Enforcement Assistance Program) system has been established to collect and store information to assist Victoria Police to carry out its law enforcement and community policing responsibilities.

LEAP contains confidential and personal information which must be used, disclosed and managed sensitively and appropriately. To ensure this occurs employees who need to have access to LEAP to perform their duties will be given access.

Authorised users of LEAP:

• May access and use LEAP information where there is a demonstrable, legitimate business need, which is directly related to the performance of their duties with Victoria Police;
• Have a public responsibility to protect and keep information they have access to confidential. Information must not be accessed for personal reasons; and
• Are responsible for the security of the information that they access. They must treat any information copied, deleted, added, used or disposed of sensitively and professionally with regard to individuals’ right to privacy.

Police records and criminal histories

Victoria Police provide criminal history checks in the following circumstances:

• with the consent of the individual before such a check is undertaken; or
• to organisations with law enforcement or administration of justice functions (e.g. Dept of Immigration and Border Protection or Environmental Protection Authority) with a legislated responsibility to make decisions regarding individuals within their care or responsibility; or
• where there is a legal requirement to do so.

Accident and property records

Personal information contained in motor vehicle accident reports may be disclosed to certain persons as prescribed in the Victoria Police Act 2013 (VIC).

This includes a person:

• who is injured as a result of a vehicle accident ; or
• whose property is damaged or destroyed as a result of a vehicle accident; or
• who is a personal representative of a person who dies or is injured, or whose property is damaged or destroyed, as a result of a vehicle accident; or
• who is an authorised representative of a person referred to above.

Access will be granted to the owner or authorised representative (including loss assessors and insurers) of any lost, stolen or damaged property reported to police.

Notification to employers of offences by employees

Where it is in the public interest, Victoria Police may notify the relevant employer or regulatory body when an individual comes under notice of police.

For example, the Australian Health Practitioner Regulation Agency (AHPRA) who oversee the licensing of health professionals, i.e. Medical Practitioners and Victorian Institute of Teaching (VIT) who oversee the accreditation and registration of teachers in government, Catholic and independent schools who may have been charged with serious offences including a sexual offence, violent offence or drug offence.

Generally, this would be to lessen or prevent:

• a serious and imminent threat to an individual’s life, health, safety or welfare; or
• a serious threat to public health, public safety or public welfare.

Consideration will be given to:

• the nature and seriousness of the charge; the mere fact that the person has been charged is not enough to justify notification;
• the duties performed by the person;
• the nature of the charge as it relates to the business of the employer or regulatory authority; and
• the potential for the notification to harm the interests of the person.

Electoral Roll and other public registers

The Victorian Electoral Commission (VEC) provides Victoria Police with access to electoral enrolment details under Section 34 of the Electoral Act 2002 (VIC) for law enforcement and community policing purposes.

This includes full name, residential address, postal address, gender, date of birth. Victoria Police accesses this information through a dedicated online lookup facility provided under a strict protocol.

It is an offence under the Electoral Act 2002 (VIC) for a person or an organisation to use enrolment information except for the specified purposes permitted by the VEC, and penalties may apply.

Unsolicited personal information

Victoria Police often receives information from individuals in the form of letters, emails and telephone calls that mention other individuals. Such information may refer to another person’s welfare or conduct.

Where this information relates to law enforcement and community policing matters, Victoria Police is not obliged to notify the individual that their personal information has been collected if they believe it is reasonable not to in the circumstances.

However, there are occasions where the information received does not relate to law enforcement or community policing matters.

On these occasions Victoria Police will take reasonable steps to notify the individual that their personal information has been collected and what it will be used for.

There may be times where Victoria Police considers that it is not reasonable or appropriate to notify the individual of these matters.

Even if Victoria Police does not notify the individual, the information will be protected in accordance with the relevant privacy principles and Victoria Police policies and guidelines.

Principle 3 - Data Quality

Victoria Police takes reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.

Principle 4 - Data Security

Personal information held by Victoria Police must be protected from misuse, loss, unauthorised access, modification and disclosure.

All personal information held by the Victoria Police is kept in a secure environment and made available only to authorised personnel who have a demonstrated need to access the information.

Principle 5 - Openness

Victoria Police has clearly expressed, publicly available, policies on the way it manages personal information. This statement provides an overview of Victoria Police policies regarding the management of personal information.

Principle 6 - Access and Correction

Individuals can request access to personal information about themselves held by Victoria Police. If individuals believe their personal information is inaccurate, incomplete or out of date the individual is entitled to request that it be corrected.

There may be circumstances where access to information cannot be granted as it may compromise the privacy of another individual.

Section 33 of the Freedom of Information Act 1982 (VIC) exempts from release any information which relates to the personal affairs of any person.

There are also exemptions for certain law enforcement documents.

Contact the Victoria Police Freedom of Information Division

All access should be sought through the Freedom of Information Act 1982 (VIC) by contacting the Freedom of Information Division at Victoria Police.

• Attention to: Victoria Police FOI Officer
• Address: GPO Box 913, Melbourne, Victoria, 3001
• Email: foi@police.vic.gov.au
• Telephone: (03) 8335 5800

Alternatively, requests may be made online by accessing the Department of Justice Freedom of Information online form.

Principle 7 - Unique Identifiers

Unique identifiers, usually a number, are utilised by Victoria Police to enable the organisation to carry out its functions efficiently.

Principle 8 - Anonymity

If it is lawful and practicable, a person must have the option of not identifying themselves when entering into transactions with Victoria Police.

However, there are many situations where individuals are required by law to identify themselves to the police. For example, an individual driving a motor car on a highway is required to state his or her name and address when requested to do so by a police officer.

An individual suspected of committing an offence or being able to assist an investigation is required to state his or her name and address.

There are many practical reasons why individuals need to identify themselves when interacting with Victoria Police. For example, an individual reporting an offence needs to provide personal information to Victoria Police to enable the police to investigate the offence.

Principle 9 - Transborder Data Flows

Pursuant to the Privacy and Data Protection Act 2014 (VIC) an organisation that is transferring personal information to another organisation outside of Victoria must ensure that the receiving organisation has equivalent privacy protection, and that the information transferred will be protected.

Where it is reasonably believed necessary, Victoria Police is exempt under Section 15 of the Privacy and Data Protection Act 2014 (VIC) from this obligation in respect of its law enforcement functions and activities.

However, precautions related to the security of personal information are undertaken in all transborder data exchanges by Victoria Police.

Principle 10 - Sensitive Information

This includes racial or ethnic origin, political views, religious beliefs, and sexual preferences, memberships of groups or criminal record. There are special restrictions on the collection of this information.

Where it is reasonably believed necessary, Victoria Police is exempt from those restrictions where the information is collected for a law enforcement or community policing purpose.

Complaints

In compliance with the Privacy and Data Protection Act 2014 (VIC), Victoria Police has established a complaint handling procedure to deal with any personal information privacy issue that may arise.

Any query or complaint should be directed in the first instance to the Victoria Police Privacy Unit. In the case of a complaint a full investigation will be undertaken or coordinated.

Contact

The Victoria Police Privacy Unit can be contacted as follows.

• Address: GPO Box 913, Melbourne, Victoria, 3001
• Email: privacy@police.vic.gov.au

Alternatively, written complaints or queries can be lodged with the Office of the Victorian Information Commissioner.

• Address: PO Box 24274, Melbourne, Victoria, 3001
• Email: enquiries@ovic.vic.gov.au
• Telephone: 1300 666 444
• Website: Office of the Victorian Information Commissioner

Victoria Police is bound by the Health Records Act 2001 (VIC) and values the health privacy of every individual with whom it interacts in the course of its functions and activities.

Victoria Police is committed to protecting against the misuse, loss or unauthorised access and disclosure of health information in accordance with the Health Privacy Principles under this Act.

Police Officers (Members), Protective Services Officers (PSOs) and Police Custody Officers (PCOs) are supported in their roles by Victorian Public Service employees who work as administrators, managers and specialists in a range of functions such as administrative support, legal services, accounting, psychology and forensic sciences.

Victoria Police uses the information it collects to carry out its functions and activities under the Victoria Police Act 2013 (VIC).

Victoria Police is defined under Section 3 “Definitions” of the Health Records Act 2001 (VIC) as a “law enforcement agency”. Victoria Police's role is to serve the Victorian community and uphold the law to promote a safe, secure and orderly society.

Victoria Police achieves this by:

• preserving the peace
• protecting life and property
• preventing offences
• detecting and apprehending offenders
• helping those in need of assistance.

For further information about Victoria Police services visit About Victoria Police, which details the organisational values that underpin Victoria Police’s policies, procedures and practices and how Victoria Police interacts with the community, including its employees.

Health Information

In broad terms, health information is personal information about the individual’s health and/or health services.

The Act describes four types of information that is health information.

1. Information about:
   • an individual’s physical, mental or psychological health
   • a disability of an individual
   • an individual’s expressed wishes about the future provision of health services to him or her; or
   • a health service provided to the individual.
2. Personal information that is collected to provide a “health service” to an individual.
3. Personal information that is collected in connection with the donation of body parts, organs or body substances, or an intended donation.
4. Personal information that is genetic information in a form that is, or could be, predictive of the health of an individual or any descendants.

Examples of health information may include:

• personal details, such as a name, address, admission and discharge dates and Medicare card number when collected in conjunction with the provision of a health service
• information about physical or biological samples, where it can be linked to an individual
• genetic information
• any personal information held by a health service provider in relation to health services
• photographic images or audio-visual material that depicts an individual’s injuries.

Health information must relate to a natural person; however, the protection of health information continues for thirty (30) years after a person dies.

Personal information that does not fall within the definition of health information may need to be handled and managed in accordance with the Information Privacy Principles under the Privacy and Data Protection Act 2014 (VIC).

Victoria Police supports the regulation of health information privacy, however, there will be situations where to meet the needs of the community, police collect, use and/or disclose health information without the consent of the individual involved.

Victoria Police works together with many people, including those from government and non-government agencies to ensure individuals and the community are safe.

Proactive crime prevention programs and initiatives are a key focus for Victoria Police.This involves Victoria Police sharing information for legitimate business and law enforcement purposes.

Victoria Police has a responsibility to prevent the commission of offences and expose the public to the realities of police enforcement across the State, thereby deterring unlawful activity in the community. This is a law enforcement function.

Any of Victoria Police’s programs and initiatives are community policing functions, as they expose the community to the effectiveness of policing in many facets, (i.e. road policing and family violence issues) and involve members of the public interacting and offering their involvement with police as an example to others.

In addition, it is defined under the Act s.3 “Definitions,” law enforcement functions or activities.

Law enforcement functions or activities include:

• the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
• the enforcement of laws relating to the confiscation of the proceeds of crime; or
• activities in connection with the conduct of proceedings commenced, or about to be commenced in any court or tribunal.

Community policing relates to those normal policing activities undertaken by Victoria Police which do not come under the banner of law enforcement.

Community policing functions include, but is not restricted to:

• co-ordination of emergency management
• location of missing persons
• death investigation and other activities on behalf of the Coroner
• involvement in family violence situations
• location of next of kin; and
• roles as licensing investigations and the operation of liquor forums.

Health Principle - Collection

Health information is generally collected as a consequence of Victoria Police’s policing functions or activities or in furtherance of its administrative functions and is usually recorded in either paper or electronic form.

Victoria Police collects health information from many sources, including:

• victims of crime and individuals involved in accidents (details of injuries sustained)
• witnesses (in relation to injuries sustained by other individuals)
• individuals in police custody (medication requirements); and
• individuals wishing to join Victoria Police (routine medical assessments).

There are some circumstances whereby Victoria Police may collect health information without the consent of the individual, for example:

• where the collection is reasonably necessary for a law enforcement function of Victoria Police and the disclosure would not be a breach of confidence (the question of a breach of confidence is entirely within the decision of the health service provider)
• where the collection is reasonably necessary for a law enforcement function of Victoria Police (i.e. collecting an offenders medical file under warrant from his/her GP if relevant to an investigation)
• where the collection is required by law (i.e. mandatory medical checks for Airwing pilots)
• where the collection is necessary to prevent or lessen a serious and imminent threat to the life, health, safety or welfare of the public or any individual (i.e. if a missing person had expressed suicidal tendencies, then contact may need to be made with his/her GP to assess the level of the threat).

Victoria Police must collect health information only by lawful and fair means and not in an unreasonably intrusive way, unless in accordance with relevant legislation.

Health Principle - Use and Disclosure

Health information must not be used or disclosed other than for the main purpose for which the information was collected, except where allowed.

This includes photographic images and audio visual material which may include health information gathered (collected) through surveillance activities during law enforcement and/or community policing functions and activities.

Circumstances allowed include:

• The individual has consented.
• The use or disclosure is required by law (for example, section 127(1) of the Transport Accident Act 1986 (Vic) imposes a mandatory obligation upon the Chief Commissioner to furnish to the Commission any information relating to a transport accident in the possession or under the control of the Chief Commissioner upon the request of the Commission).
• The use or disclosure is necessary for research, or for the compilation of statistics in the public interest. However, generally the information would be de-identified prior to disclosure.
• Victoria Police reasonably believes that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the life, health, safety or welfare of the public or any individual (for example, disclosure of health information to Crisis Assessment Treatment teams).
• Victoria Police suspects that unlawful activity has been, is being or may be engaged in and uses or discloses the health information as a necessary part of its investigation or in reporting its concerns to relevant persons or authorities (for example, offences by professional persons during professional duties may be reported to the relevant regulatory authority).
• Victoria Police reasonably believes the use or disclosure is reasonably necessary for one of its law enforcement functions (for example, the prosecution of an offence).

Victoria Police can also use or disclose health information to identify an individual or a relative of the individual where it is known or suspected that the individual is deceased or missing or has been involved in an accident and is incapable of consenting to the use or disclosure (so long as the use or disclosure is not contrary to the wishes of the individual before he or she went missing or became incapable of consenting).

Health Principle - Accuracy and Security

Victoria Police must take reasonable steps to ensure that the health information it collects, uses, or discloses is accurate, complete and up to date.

All personal health information kept by the Victoria Police is kept in a secure environment. For example, Victoria Police has implemented computer firewalls to protect electronic information, screening for unauthorised access, use of restricted access databases and strict disclosure policies to protect hard copy information.

These and other measures help protect the health information held by Victoria Police from misuse, loss, and from unauthorised access, modification, or disclosure.

Health information retained by Victoria Police is made available only to authorised personnel who have a demonstrated need to access the information.

Certain classes of information are held in accordance with specific legal requirements, for example, Section 101 of the Accident Compensation Act 1985 (VIC) (employer keeping a register of injuries).

Where health information is disclosed or made available to contractors, Victoria Police ensures that the contract requires confidentiality and restricts the use of the health information to the purposes of the contract. Where contractors are involved in the delivery of core services to Victoria Police, the contractors are required to comply with the health privacy principles.

This means that the same level of protection of health information privacy is maintained by Victoria Police and by other agencies acting on behalf of Victoria Police.

Anonymity

If it is lawful and practicable, a person must have the option of not identifying themselves when entering into transactions with Victoria Police.

There are situations where individuals are required by law to identify themselves to Victoria Police when providing health information to the police, for example, where the individual provides a DNA sample.

There are also situations where individuals need to identify themselves for practical reasons, for example, where an individual reports an assault committed against him/her the individual will need to provide personal health information to Victoria Police to enable the police to investigate the offence.

Health Principle - Transborder Data Flows

Pursuant to the Health Records Act 2001 (VIC), if Victoria Police transfers health information to another organisation outside of Victoria, it must ensure that the recipient of the health information has equivalent privacy protection, and that the information transferred will be protected.

Otherwise, the persons’ consent must be obtained.

Health Principle - Access and Correction

Individuals can request access to the personal health information Victoria Police holds about them. If individuals believe the personal health information is inaccurate, incomplete or out of date the individual is entitled to request that it be corrected.

There may be circumstances where access to information cannot be granted as it may compromise the privacy of another individual.

Contact the Victoria Police Freedom of Information Division

All access should be sought through the Freedom of Information Act 1982 (Vic) by contacting the Freedom of Information Division at Victoria Police.

• Attention to: Victoria Police FOI Officer
• Address: GPO Box 913, Melbourne, Victoria, 3001
• Email: foi@police.vic.gov.au
• Telephone: (03) 8335 5240

Alternatively, requests may be made online by accessing the Victoria State Government Freedom of Information online form.

Complaints

In compliance with the Act, Victoria Police has established a complaint handling procedure to deal with any personal health information privacy complaints that may arise.

Any complaint or query regarding a breach of privacy should be directed in the first instance to the Victoria Police Privacy Unit.

In the case of a complaint a full investigation will be undertaken or coordinated. A Victoria Police Privacy Complaint Form is available for download to detail an individual’s complaint.

Contact

The Victoria Police Privacy Unit can be contacted as follows.

• Address: GPO Box 913, Melbourne, Victoria, 3001
• Email: privacy@police.vic.gov.au

Alternatively, written complaints can be lodged with the Health Complaints Commissioner.

• Address: Level 13, 2 Lonsdale Street, Melbourne, Victoria, 3000
• Telephone: 1300 582 113
• E-mail: hcc@hcc.vic.gov.au