Privacy and NSW Trustee & Guardian
NSW privacy law is contained in the Privacy & Personal Information Protection Act 1998. The legislation introduces a set of privacy standards to regulate the way public sector agencies deal with personal information. NSW Trustee & Guardian is bound by this legislation and is committed to respecting the privacy rights of employees, clients and members of the public.
How NSW Trustee & Guardian Uses Your Personal Information
NSW Trustee & Guardian uses the personal information provided by clients to prepare Wills and Powers of Attorney, to administer Trusts and deceased estates, to manage people's affairs under a Power of Attorney and to manage investments in common fund mortgages. NSW Trustee & Guardian may use a client’s personal information to send information to them but only with the client’s consent.
NSW Trustee & Guardian Responsibility
NSW Trustee and Guardian must ensure that the personal information it collects and uses is relevant, up to date and complete. Your personal information must be kept private. This means that only certain people within NSW Trustee & Guardian can have access to that information and that it can only be passed on to other people or organisations in restricted circumstances. NSW Trustee & Guardian stores all personal information in paper or computer files and must ensure that all such information is stored securely.
NSW Trustee & Guardian must only use your personal information for the purpose for which it was provided. NSW Trustee & Guardian may not disclose your personal information to another person or organisation without your specific written consent unless compelled by law or it is in the public's interest to disclose that information.
For further information regarding NSW Trustee & Guardian and privacy issues please contact the Privacy Officer at NSW Trustee and Guardian on 9252 0523.
Privacy for Managed Clients FAQ’s
When NSW Trustee and Guardian (NSWTG) becomes involved in someone’s life we receive and collect a lot of personal and sensitive information about the person, their family and sometimes, friends. We respect the privacy and confidentiality of that information.
The law sets out how NSWTG must manage the information provided to it. Depending on how the information is collected NSWTG may have to follow the Information Protection Principles set out in the Privacy and Personal information Protection Act 1998 or the Health Privacy Principles set out in the Health Records and Information Privacy Act 2002.
Why does NSWTG collect personal information?
NSWTG collects the information to have a better understanding of a person’s needs, and to plan for the management of their financial affairs. We sometimes have to share information with other government agencies and service providers to ensure the person is appropriately supported and gets the right support entitlement.
What information is collected?
Once appointed, NSWTG will send documents to the person subject to the Financial Management Order, their family, case manager and/or service providers. The documents ask questions such as who the person’s support persons are, details as to what bank accounts or investments they have, if they have superannuation, or insurance policies, and who they are with, if they own a property and where that property is, whether they have a Will. It also asks if there are any issues which NSWTG needs to know about in relation to the management of their financial affairs such as if there are any debts or court cases pending.
NSWTG will do its best to collect the information directly from the person under financial management over the phone or at meetings. We will work with case managers and family members to help facilitate that. However, if that is not possible we will need to collect that information from their family or service provider so that we can secure and protect the person’s financial affairs, and set up payments to meet the person’s needs promptly.
Without the information we collect, NSWTG is unable to do its job and would not be able to make sure the person can access money to meet their needs. We will only collect information that is related to managing your financial affairs. Although we may sometimes be provided with medical reports which outline a medical history, NSWTG does directly collect information about someone’s medical history unless it relates to the person’s capacity to make decisions or paying medical bills and making health insurance claims.
Any information NSWTG is given is stored securely.
Where is the information kept?
The information you provide to us is kept on NSWTG’s secured computer network and in a series of files, depending on the issues raised. NSWTG staff who are assisting in the management of the person’s financial affairs have authority to access the information. Sometimes other authorised people might access information to help us make sure we are doing our job properly. Anyone who has access to the information must agree to keep the information confidential. It is against the law for NSWTG staff or those helping us manage a person’s financial affairs to give information about the person, their family or their financial affairs to anyone except under limited circumstances. For further information on accessing information held by NSW Trustee and Guardian contact our Information Officer on (02) 9240 0860 or email email@example.com.
What is the information used for?
There are a number of things we use the different pieces of information for, including:
- making sure the person receives the correct government income support payments
- negotiating the repayment of debts
- securing assets
- paying bills including telephone, rent, water, council rates, taxation
- investing money
- engaging contractors to repair or modify property
- commencing or defending legal actions such as recovering stolen assets, personal injury claims, workers compensation claims, victims of crime claims
- arranging access to support services such as Home and Community Care programs e.g. meals on wheels
- making application for insurance and insurance claims
- referrals to health care and disability professionals for advice and treatment
- preparing reports to the Supreme Court, Guardianship Tribunal and Mental Health Tribunal
- referral to an Authorised Visitor to provide NSWTG with advice about a person’s needs
- professional supervision and mentoring of NSWTG staff
- undertaking quality assurance and continuous improvement projects to make sure we are improving the way we provide services
- we makes sure that we disclose only the information necessary when sharing information with others.
Who else may request access to information?
NSWTG may sometimes be asked to provide information to the Director General of the Attorney General and Justice Department to explain how NSWTG is managing a person’s financial affairs. This is often when someone makes a complaint about NSWTG’s decisions. This access is allowed by law.
Sometimes NSWTG is legally required to provide information such as when a Court or Tribunal issues a subpoena.
How can find out what information is held about me?
You have a right to find out what information NSWTG holds about you. You can look at that information and, if it is not correct, you can ask NSWTG to change it or make a note to that effect.
What if I am unhappy with NSWTG’s decisions in relation to personal information?
If you are unhappy with how NSWTG is managing the information you have provided you can ask for that matter to be reviewed by NSW Trustee and Guardian Information Officer on (02) 9240 0860 or email firstname.lastname@example.org
Making a request for information
Make an informal request
If the information you need is not already published on the NSWTG or DJAG website, NSWTG may still be able to release it to you on request, without your needing to make a formal application. This information may be released if there are no public interest reasons why it should be kept confidential. To make an informal request, contact NSWTG’s Information Officer.
Information must be made available unless there is an overriding public interest against disclosure. To determine if there is an overriding public interest against disclosure, the public interest test needs to be applied to the information.
- After applying the public interest test, NSWTG will determine whether the:
- Information may be made available in full,
- Information may be made available with deletions, or
- Information cannot be made publicly available because there is an overriding public interest against disclosure
If a section of a document containing open access information cannot be released due to overriding public interest considerations, then a copy of the document with deletions will be posted on the NSWTG website noting that it is an incomplete document.
Make a formal request
If you are seeking specific information which is not routinely provided by NSWTG on request, you may apply formally for access to it. For further information or to make a request for access, contact NSWTG as follows:
NSW Trustee and Guardian
GPO Box 7
SYDNEY NSW 2001
Telephone Number: (02) 9240 0860
A formal application is made by completing the Government Information Access Information form (download below) and sending it with the fee to NSWTG at the address listed here. Applications must:
- be in writing;
- clearly state that you are making a request under the Government Information (Public Access) Act 2009;
- enclose the $30 application fee (cheques and postal orders made out to 'NSW Trustee and Guardian')
- nominate a return postal address in Australia for correspondence purposes;
- include sufficient detail for NSWTG to identify the information you are looking for.
If your application does not include all these things, it will be invalid and cannot be processed. If that happens, the NSWTG GIPAA Officer will let you know what you need to do to make your application valid.
If you application is valid, the NSWTG GIPAA Officer will acknowledge receipt of the application within 5 working days and deal with your application within 20 working days. Under certain circumstances, an extension of time to complete the application can be obtained by NSWTG.
If NSWTG does not decide your access application within 20 days, it is considered 'refused'. NSWTG will refund your application fee and you will have the right to seek internal or external review. (This does not apply if an extension of time has been arranged, or where the agency is waiting for you to pay an advance deposit).
How much will it cost?
The basic fee under the Government Information (Public Access) Act 2009 is $30. Processing charges may be charged at $30 per each hour of processing an application. In some situations, the agency will require you to pay an advance deposit. NSWTG will let you know if this is required.
Applicants can apply for a 50 per cent reduction in processing costs on the grounds of financial hardship, or ask for the fee to be waived altogether if this information will be of special benefit to the public generally.
Internet Privacy Statement
When you look at this web site, we make a record of your visit and log the following information:
- 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 type of browser you are using
Access to Information Collected
NSW Trustee and Guardian will not make an attempt to identify users or their browsing activities. 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.
Use of information collected
We will only record your e-mail address if you send us a message. Your e-mail address will only be used for the purpose for which you have provided it and will not be added to a mailing list or used for any other purpose without your consent. Parts of this site do not provide facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks in transmitting information across the Internet. It is clearly indicated where secure transmission is available on the site.
This web site only uses session cookies for the purpose of remembering your area of interest and during a search of the web site. The web site statistics for this site are generated from the web logs. Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you if you visit our web site at a later date.