a) Website - This section explains our policy on information that we collect when people visit our website.

b) General - This section explains our policy on information that we collect in the course of our activities as an accredited professional association of independent barristers.

Victorian Bar Inc’s commitment to privacy

1. To the extent that Victorian Bar Inc is bound by the provisions of any Commonwealth or State privacy legislation and the national privacy principles, it will observe and comply with those provisions. Otherwise, it will use its reasonable endeavours at all times to act in connection with personal information collected by it in the spirit of the Commonwealth privacy legislation and national privacy principles.

Headings

• Information collected
• Access to information collected
• Use of information collected
• Cookies
• Links to Third Party Websites
• Email management
• Further Information

Information collected

2. When you look at the website of the Victorian Bar Inc and Barristers’ Chambers Limited ("BCL"), we make a record of your visit and log the following information for statistical and security purposes:

• Your server address
• Your top level domain name (for example .com, .gov, .au, .uk etc)
• The date and time of your visit to the site
• The pages you accessed and documents downloaded
• The previous site you have visited
• The type of browser you are using

Access to information collected

3. We will not ordinarily attempt to identify users or their browsing activities unless such activities appear to jeopardise the operation or integrity of this website. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our logs.

4. Statistical information which does not identify the individual visitor may be used to allow us to improve the quality, security and performance of the website.

Cookies

5. A cookie is a small text file placed on a user's computer when a website is accessed. It allows the website to recognise the cookie when the same computer returns to the website on another occasion.

6. Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent.

7. We believe that no cookies are employed on this website. The website statistics for this site are generated from web logs as outlined above.

8. We cannot guarantee that others (such as advertisers on this site) do not use cookies. However, we have no access to or control over any such cookies, or any information collected.

Links to Third Party Websites

9. This website contains links to other sites. We are not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by this website. When you leave our site, you should read the privacy statement of any other website you visit and make your own judgment about the accuracy and reliability of information found.

Email management

10. We will only record your email address if you send us a message. It will only be used for the purpose for which you have provided it. We will not use your email address for any other purpose, and will not disclose it without your consent.

11. This site does not provide facilities for the secure transmission of information by email. Please note, when you send the Victorian Bar an email, the content of your email may not be secure as it is transferred across the Internet. Please contact the Victorian Bar by telephone, facsimile or post if you have any concerns about the security of your message.

12. The Victorian Bar Inc has published terms and conditions regarding the use of its website which are available on its website.

Further Information

13. If you are interested in obtaining additional information about privacy, and in particular about the provisions of the Privacy Act 1988 (Cth), you can visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au.

(a) formal details;

(b) contact details;

(c) areas of practice;

(d) biographical details;

(e) current committee involvement;

(f) past committee involvement;

(g) year of admission, year of signing the Bar roll and years of membership;

(h) professional indemnity insurance;

(i) accounting records for:

• Bar subscriptions;
• Barristers Benevolent Fund contributions, if any;
• practising certificate fees;
• social and professional functions;

(j) complaints or disciplinary matters.

16. The Bar collects this information as part of the normal administration of a professional association which acts as a recognised professional association for the purposes of the Legal Practice Act 1996. The Bar also collects information in the case of at least the matters mentioned above in paragraphs 15(a), (b), (c) and (d) for one or other of the following purposes:

(a) For distribution of:

(i) the BCL telephone directory (in hard copy or electronic form) to members of the Bar and clerks; and

(ii) the list of accredited mediators from time to time to legal practitioners and members of the public;

(b) For distribution to people outside the Bar, namely:

(i) the publisher of the Law Institute Diary;

(ii) the publisher of the Victorian Bar Diary;

(iii) the building directory display screens for view by anyone visiting chambers;

(iv) the Law Council of Australia for the purposes of an Australian legal directory;

(v) to the Australian Bar Association for the purposes of publicising their conferences; and

(vi) for any other use approved by resolution of the Victorian Bar Council for the promotion of the Bar and its members;

(c) For display on the Victorian Bar’s website and on the website of any clerk approved by the Bar Council of the Victorian Bar.

17. The Victorian Bar Inc holds accounting records for the purposes of administering the collection of Bar subscriptions, contributions to the Barristers’ Benevolent Fund, fees for practising certificates and social and professional functions in which a member participates. The Bar collects this information from members of the Bar, holds it in data base records and does not disclose it except as required by the Legal Practice Act 1996 or the Constitution and Rules and Regulations of the Bar or for the primary purpose for which the information was supplied.

18. Details of the information referred to in the preceding paragraph in relation to a member may be inspected by that member by appointment on reasonable written notice to the Executive Director of the Bar, subject to any obligation of confidence or other legal cause for declining inspection.

19. The Bar holds information relating to complaints against members and disciplinary matters and does not disclose this information except for the purpose of discharging its duties as a recognized professional association under the Legal Practice Act 1996 or otherwise as required by law.

How the Bar collects personal information

20. Victorian Bar Inc collects personal information in a variety of ways when:

(a) a member:

(i) joins the Bar or a clerking list or a Bar association;

(ii) supplies information to the various barristers’ directories published from time to time in hard copy or on the internet;

(iii) applies for a practising certificate, chambers, a telephone or internet subscription with the Bar or Barristers' Chambers Ltd (BCL); or

(iv) contributes to the Barristers’ Benevolent Association or Bar functions; or

(b) a member of the public or an organisation or business entity communicates with the Bar about a member of the Bar in a particular case.

21. Victorian Bar Inc also collects information from any one browsing on its website. For details, see the website section of this policy statement.

When we disclose personal information

22. Victorian Bar Inc discloses your personal information:

(a) for the primary purpose for which the information was supplied (as the case may be);

(b) when requested or consented to by you; or

(c) to discharge its duties either under statute law or its Constitution and Rules and Regulations.

Data Quality

23. Reasonable steps will be taken to ensure that personal information is accurate, complete and up-to-date.

How we protect your personal information

24. Victorian Bar Inc safeguards the security of the data collected with physical, electronic, and managerial procedures. We ask you to take care to protect your personal data when you have on-line access to the website and data bases of the Bar and BCL. Change your passwords often, use a combination of letters and at least one number, and make sure you use a secure browser.

25. Reasonable steps will be taken to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure. The Bar seeks to protect the privacy of information available to a member on-line by appropriate password protection and unauthorized entry detection procedures. It uses industry-standard Secure Sockets Layer (SSL) encryption on its web pages where personal information may be entered on-line.

Openness and access to your personal information

26. Members have access to the personal information held about them either by on-line access to that information through the website of the Bar and BCL or by inspection by appointment with the Executive Director of the Bar. Members may, upon first making application for a password, correct certain information whilst on-line.

27. Whilst all reasonable steps will be taken to ensure the security of a member’s information to which access is available through the website, no guarantee can be provided that information made available to a member or provided by a member is totally secure. Sending and receiving information over the Internet is at the member’s risk. However Victorian Bar Inc will do everything reasonable in the circumstances to ensure the security of a member’s information once it has been received from the member.

28. The Victorian Bar Inc does not hold information about members of the public save as indicated on the website section of this privacy statement.

Identifiers

29. An identifier that has been assigned by a government agency will not be adopted and used by Victorian Bar Inc as its own identifier.

Sensitive Information

30. Sensitive information (as defined in the Commonwealth Privacy Act) will only be collected and dealt with in accordance the member’s consent.

Complaints

31. Should any complaints arise, these should be brought to the attention of Victorian Bar Inc’s Executive Director. Victorian Bar Inc will investigate the complaint and if the complaint is valid it will ensure that any conduct causing an interference with a member’s privacy is discontinued. If the complaint is not dealt to the member’s satisfaction the member may contact the Victorian or Commonwealth Privacy Commissioner direct.

Published by resolution of the Victorian Bar Council on 8 November 2001.

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