Information Act Policies

This page contains the following two policies: DLGH Privacy Policy and DLGH Information Access Policy.

Privacy Policy

Introduction

The Northern Territory Government has established a privacy regime for the Northern Territory public sector. The regime is based on 10 Information Privacy Principles which provide the framework for the collection and handling of personal information by all agencies. The Information Privacy Principles (IPPs) are scheduled to the Information Act (NT) (The Act). Further standards for the management of information are set out in the Northern Territory Government Records and Archives Management Standards.

Policy Statement

The Department of Local Government and Housing (the Department) is committed to collecting, using, storing and managing personal information in a manner that complies with the IPPs. The Department is also committed to identifying the type of personal information it collects and receives; why it is held, how it is collected, used and disclosed as well as the way(s) in which an individual can gain access to that personal information. The Department will take reasonable steps to correct personal information if appropriate. The commitment by the Department to the protection of privacy can be summarised under the following four major areas:

1. Collection

The Department will only collect personal information necessary for or directly related to, its activities and functions and only by fair and lawful means. The Department will at all times endeavour to only obtain personal information about an individual directly from the individual. When collecting personal information the Department will ensure that a person is aware of:

• The purpose for which information is being collected;
• To whom the information could be disclosed;
• Our Department’s correct name and address/contact details;
• The fact that the individual is able to have access to the information;
• Any law authorising the collection; and
• The consequences (if any) for the individual if all or part of the information is not provided.

Personal information is collected by us in order to:

• Assess and effectively manage athletes during their association with the Institute of Sport;
• Process participants’ entries into the Arafura Games, Masters Games and Sports Awards;
• Identify and manage coaches, organisers, support staff and volunteers of the above games or other sporting events;
• Implement security measures at large sporting or community events;
• Administer swimming voucher scheme for children’s water safety;
• Assess grants programs;
• Establish governance structures, committees and boards relating to regional development;
• Establish and administer committees and boards as required by legislation;
• Provide interpreter services to clients;
• Conduct research for the purposes of providing data and developing policy for the Itinerants Strategy program;
• Administer the registration of pools and determine eligibility for pool fencing entitlements under the Early Registration Incentive Scheme;
• Determine eligibility for public housing and various assistance schemes;
• Determine eligibility for the Home North Loan Scheme;
• Administer entrants and judges in the National Aboriginal & Torres Strait Islander Art Award (NATSIAA);
• Manage the donations of objects/works to museums and libraries;
• Provide information about up and coming art and museum events and exhibitions;
• Provide a library borrowing service to the public and government agencies; and
• Administer the employment, development and management of Departmental personnel and volunteers, historians and researchers.

The Department will take all reasonable steps to ensure that the personal information collected, used or disclosed, is accurate, complete and up to date.

This Department may collect sensitive information if the collection is necessary for research or statistical purposes, relevant to government funded targeted welfare services or limited to any other purpose as stated in the Act.

2. Storage and Security

The Department has possession of personal information and will ensure that there are safeguards in place to protect against misuse, loss, unauthorised access, modification or disclosure. The Department will also take reasonable steps to de-identify personal information as it is no longer required.

3. Use and Disclosure

In general, the Department will use personal information only for the purpose for which it was collected and reasonable steps will be taken to acquire consent for disclosure to third parties. However, the Department may use or disclose personal information for any other purpose if it is required by law or believed necessary to prevent a threat to an individual or to public health and safety.

The Department will ensure that any information sent outside the Northern Territory is sent only to recipients who will protect privacy under standards similar to the Northern Territory Information Privacy Principles.

4. Access and Correction

The Department will undertake to provide access to any personal information requested under the Act and will endeavour to meet requests to correct any information that is inaccurate, incomplete or out of date. Rights of access and correction are limited to existing rights under the Information Act (NT).

Related Policies

Department of Local Government and Housing (formerly DLGHS) Records Management Policy, Department of Local Government and Housing (formerly DLGHS) Access to Information Policy.

Information Access Policy

Policy Statement

The Department of Local Government, Housing and Sport (the Department) supports open and accountable government by fostering an environment in which information is available to stakeholders and interested members of the community in accordance with the Information Act (NT) (the Act). The Department strives to make information of interest available to any interested party, where such information does not interfere with the essential public interest, individual privacy or the effective operation of the Department.

Legislative Framework

Information Act (NT), Northern Territory Government Records and Archives Management Standards, Public Sector Management Code of Conduct, Public Sector Employment Management Act.

Related Policies

The Department of Local Government and Housing (formerly DLGHS) Privacy Policy, The Department of Local Government and Housing (formerly DLGHS) Records Management Policies

1. Methods of Access

1.1 Information regarding the Department’s operations is available by the following means:

a. Department Website: www.dlgh.nt.gov.au
b. Department Annual Report – available from the Department’s offices, the website, or an NT Library,
c. In writing under the freedom of information (FOI) process. Applications may be lodged using the application forms available from the Department’s website or at Territory Housing Offices in Darwin, Katherine, Tennant Creek, Nhulunbuy and Alice Springs, or by letter specifying the information required, the applicant’s name, preferred address for communication and certification of the applicant’s identity.

1.2 The Department will redirect applicants out of the FOI process if the requested information is available through another established procedure.

1.3 If information subject to an access request is published at regular intervals the Department will negotiate to provide the information in a form with the closest date match to the date of request.

2. Timeframes

2.1 The Department will endeavour to satisfy all requests for information in a timely manner that complies with the timeframes expressed in the Act.

2.2 Processing timeframes for all applications lodged under the Act commences when the application is declared valid under s18.  If the application relates to government information, the application fee has been paid or an application to waive or reduce the fee has been granted.

2.3 Where a request to access information is made in relation to information concerning, referencing or identifying a third party or matters concerning Aboriginal Traditions or Sacred Sites pursuant to s30 of the Act, the Department may negotiate with the applicant for an extension of the 30 days allowed by the Act to satisfy a request.

2.4 Where an extension of time cannot be negotiated the Department will seek to rectify the third party reference by copying and editing the information concerned. Where editing does not rectify the third party conflict, the Department will refuse access unless a clear public interest is served by release.

3. Transfer or Referral of Requests for Access to information

3.1 Requests for information held by the Department that originates from, or is more closely related to the functions of another agency, will be referred to that agency. Any application fees will be transferred with application.

3.2 Where the Department identifies that it holds information in relation to a request for access to information, but is aware that another agency also holds related information, the Department will process the application in relation to only the information it holds. The Department will also advise the applicant that more information may be available from the other agency. In such matters, the Department will charge all relevant fees in relation to the application in accordance with the Act unless a request to waive or reduce fees has been granted.

3.3 Where the Department accepts a request and later realises it holds no information in relation to the request, but is able to identify another agency that holds such information, the Department will transfer the application to that agency within 15 days of receiving it (s29 or s37). The Department undertakes to transfer any fees collected in relation to the application to the second agency along with the application.

3.4 Where the Department contracts out the provision of a service, the Department undertakes to process and decide all requests for access to information related to that service. The Department will include in a service level agreement or contract with the service provider, guidelines for appropriate standards of record keeping and types of records to be held.

4. Fees

4.1 The Department undertakes to keep an accurate account of fees and charges incurred in relation to processing requests for information or supervising applicants viewing personal information (s8 or s21(2)(a)(ii)).

4.2 The Department will charge for access to information where the application is made and processed under Division 2 of the Act. Charges will be in accordance with s156 of the Act and the schedules established by the Information Act Regulations. Fees will be charged for processing, copying, supervising access and/or hiring equipment on a cost recovery basis.

4.3 Where fees in relation to a request exceed more than $100, the Department will require a deposit of 50% of the estimated cost be paid prior to retrieving the information. The Department also requires that the balance of fees be paid or, in special circumstances, a definite payment schedule agreed prior to the provision of information.

4.4 The Department will consider an application for a waiver or reduction of fees in relation to any fees or charges incurred by an applicant where the applicant applies for such consideration in accordance with s156 of the Act.

4.5 The Department does not use fees for access to information to discourage applicants from applying and will endeavour to indicate to applicants where fees payable will be excessive.

4.6 Where an applicant defaults on an agreed payment schedule or refuses payment for services provided, the Department will proceed to recover the costs as per its debt recovery procedures. This may include the transfer of information about the applicant as is necessary to recover the debt.

5. Proof of identity

5.1 The following standards regarding proof of identity apply in relation to applications for access to information lodged under the Act:

5.2 Any one of the following primary sources is an acceptable form of identification:

• Current Australian Passport
• Current NT Driver’s licence
• Current document of identity issued by the Passport Office
• Current Defence Force or Police Service ID card.

5.3 If the above forms of identification are not available, at least two other forms must be presented. The following are acceptable secondary sources:

• NT proof of age card from MVR
• Current overseas passport with current entry permit
• Naturalisation/citizenship/immigration papers issued by the Department of Immigration and Multicultural and Indigenous Affairs
• Current consular photo identity card issued by the Department of Foreign Affairs
• Current student photo identity card
• Current driver’s licence photo from another State or Territory
• A document listed as a primary source of identity which has expired within the last two years
• A taxation assessment notice from the last year
• Current Medicare card
• Current entitlement card issued by the Commonwealth Government
• Current telephone, electricity/water account or rates account with evidence of payment

5.4 If a person is living on a remote community and does not have two secondary sources of identification, an endorsement on the application form by the local member of the NT Police Service, or the Local Government Clerk, or the most Senior Health Officer, will be acceptable. The endorsement must state that he or she has known the applicant for a (specified) period of time and can verify that the applicant is the person named in the application form.