Family Resolve Privacy Policy & Collection Statement

WE RESPECT YOUR PRIVACY

Family Resolve has created this Privacy Policy and Collection Statement (together referred to as “this Privacy Policy”) in order to demonstrate its firm commitment to privacy.

We are bound by the Privacy Act and The National Privacy Principles (NPPs) and are aware of the right of access to information.

We will update this privacy policy as required. If it is changed, the revised policy will be available for inspection upon request (see below for details), so that you are always aware of the sort of information collected, how the information may be used, and under what circumstances it may be disclosed by us.

Please note that, if at any time Family Resolve is required by law to release information about you or your organisation, we must co-operate fully.

This Privacy Policy does not apply to acts or practices of Family Resolve that are directly related to employee records of current or former employees.

WHAT SORT OF INFORMATION DO WE COLLECT?

We only collect information relevant to the performance of our business activities. This information will include contact details and certain personal information, such as banking and solicitor details.

Information will be collected directly from you or, in certain cases, your solicitor.

HOW IS YOUR INFORMATION USED BY US?

Your information will be used for the purpose of carrying out our business, which primarily relates to Mediation and Family Dispute Resolution.

Your information may also be required in fulfilling our legal and statutory requirements.

TO WHOM DO WE DISCLOSE PERSONAL INFORMATION?

Basic contact details for parties will never be provided to any external agencies unless required to by Law.

Aside from the above, we will not share, sell or trade your information to any company or person outside the Family Resolve Group.

HOW WILL WE KEEP YOUR PERSONAL INFORMATION SECURE?

Family Resolve has security measures designed to protect against the loss, misuse and/or alteration of information under its control.

Your information is stored in a secure file storage facility with limited access by authorised Family Resolve personnel.

Information stored on computer-based records is also accessible by a limited number of authorised Family Resolve personnel.

Confidentiality and Inadmissibility

Confidentiality (Family Law Act 1975 – Section 10H)

Family dispute resolution (FDR) practitioners must not disclose a communication made in FDR unless the disclosure is required or authorised under the Act.

An FDR practitioner must disclose a communication made in FDR if he or she reasonably believes that the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory (eg to comply with legislation requiring mandatory disclosure of suspected child abuse).

An FDR practitioner may disclose a communication made in FDR if he or she reasonably believes that the disclosure is necessary for the purpose of:

a)      protecting a child from the risk of physical or psychological harm

b)     preventing or lessening a serious and imminent threat to the life or health of a person

c)      reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person

d)     preventing or lessening a serious and imminent threat to the property of a person

e)     reporting the commission, or preventing the likely commission, of an offence involving intentional damage to the property of a person or a threat of damage to property

f)      assisting an independent children’s lawyer to properly represent a child’s interests.

In addition, an FDR practitioner may disclose a communication, with the consent of the person who made the disclosure where that person is an adult, or, where the disclosure was made by a child who is under 18, if parents consent to the disclosure. If agreement cannot be reached, the matter may be referred to the court for decision.

An FDR practitioner may also make disclosures in order to provide information for research relevant to families, as long as the information provided does not constitute ‘personal information’ as defined in section 6 of the Privacy Act 1988. ‘Personal information’ is information, or an opinion, from which an individual’s identity is apparent, or can reasonably be ascertained.

a)      Inadmissibility (Family Law Act 1975 – Section 10J)

Communications made in FDR are not admissible in any court or proceedings, in any jurisdiction. Additionally, a communication made when a professional consultation is being carried out, on referral from an FDR practitioner, is also inadmissible in any court or proceedings in any jurisdiction.

In order to ensure that professionals to whom FDR practitioners make referrals are aware of the inadmissible status of communications made to them, FDR practitioners are required to inform relevant professionals of this when making a referral.

An admission or disclosure that indicates that a child under 18 has been abused, or is at risk of abuse, may be admitted as evidence unless there is sufficient evidence of the admission or disclosure available to the court from other sources.