Privacy and NSW Trustee and Guardian
NSW privacy law is contained in the Privacy & Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002. This legislation introduces a set of privacy standards to regulate the way public sector agencies deal with personal information.
For more information about how NSW Trustee and Guardian collects, uses and discloses personal information to meet its statutory and legal obligations, please view the Privacy Management Plan and Access to Information Privacy and Confidentiality Policy.
How NSW Trustee and Guardian collects personal information
NSW Trustee and Guardian collects your personal information in order to carry out its statutory functions, meet its legal obligations and for limited marketing purposes.
We may collect information when you:
- contact us to ask for information
- contact us for assistance with your specific circumstances
- appoint us to prepare your Will, Power of Attorney and/or Appointment of Enduring Guardian
- become a customer by appointment by someone else or by order of a Tribunal or Court
- provide us with information about a NSW Trustee and Guardian customer
- attend a NSW Trustee and Guardian branch
- attend a NSW Trustee and Guardian Planning Ahead Day, community education session or other event
- ask for access to information held by NSW Trustee and Guardian
- provide feedback or make a complaint about NSW Trustee and Guardian
- apply to work with NSW Trustee and Guardian or to provide a reference
- ask to be included in our mailing or contact lists.
When we become involved in someone’s life we receive and collect a lot of personal, health and sensitive information about the person, their family and sometimes, friends. We respect the privacy and confidentiality of that information.
We may also collect personal information from third parties or publicly available sources in order to perform our statutory functions and legal obligations. The meaning of “personal information” is defined by the Privacy & Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002. When we refer to personal information, this can include your name, contact information, opinions and views, health information, financial information and other legal information. More information about the types of personal information we collect in specific circumstances is contained in NSW Trustee and Guardian’s Privacy Management Plan.
How information is used, stored and disclosed by NSW Trustee and Guardian
We may use, store, and disclose your personal information to perform our legal services, carry out our statutory functions and for marketing purposes. This includes when we are appointed as executor or administrator, trustee, financial manager, guardian, or attorney. It also includes when we provide support to private guardians and private financial managers, are a party to a NCAT hearing, prepare or store planning ahead documents, or respond to general enquiries.
We sometimes share information with other government agencies and service providers to ensure our customers are appropriately supported and get the appropriate services, supports or entitlements.
We may use private sector companies and contractors (for example internal and external auditors, IT contractors, legal service providers), or other government agencies to provide services. If these organisations or individuals have, or are likely to have, access to personal information, NSW Trustee and Guardian ensures that personal and health information is managed in line with legislation and information security policies.
We may also use your personal information to offer you other goods, services, marketing material or surveys. You are able to opt out of this at any time by contacting us on firstname.lastname@example.org.
More information about how we collect, use, store and disclose personal and health information in specific circumstances is contained in NSW Trustee and Guardian’s Privacy Management Plan.
How to access and change your information
Under the Privacy & Personal Information Protection Act 1998 you have the right to access your personal information without excessive delay or expense. NSW Trustee and Guardian is generally required to provide you with access to the personal and/or health information it holds and allow you to amend this information without excessive delay or expense.
You also have the right to have your personal information held by us corrected in certain circumstances.
To amend or access your personal and/or health information, please contact your key contact, appointed Client Service Officer and/or NSW Trustee and Guardian branch representative at the links below.
Accessing our website
What information is collected when you access our website?
When you look at the pages on this website, our computers record information, including:
- the IP (internet Protocol) address of the machine that accessed it
- the top-level domain name
- the address of your server
- the date and time of your visit to site
- the pages accessed, numbed of pages accessed, documents downloaded and keywords searched
- the previous website visited
- the type of browser and operating system you used
- the screen size and number of screen colours displayed on your device
- time spent on each page.
Only some of this information may be considered personal information. Personal information may be collected if you use feedback facilities, such as the NSW Government Feedback Assist widget, or request a subscription.
NSW Trustee and Guardian will collect extensive information relating to our website in circumstances of unauthorised breaches of data which may include:
- unauthorised attempts to access information that is not published on NSW Trustee and Guardian webpages
- unauthorised tampering or interference with information published on NSW Trustee and Guardian webpages
- attempts to intercept messages of other users
- attempts to compromise the security of the web server, breach the laws of the State of New South Wales or the Commonwealth of Australia, or otherwise interfere with the enjoyment of the webpages by other users.
How is information used when you access our website?
NSW Trustee and Guardian uses Google Analytics, New Relic, cookies and Hotjar to collect data about your interaction with the website for the purpose of improving your experience in using the website and the services provided by NSW Trustee and Guardian.
NSW Trustee and Guardian will not disclose or publish information that identifies individual computers or potentially identifies sub groups without consent or otherwise in accordance with the Privacy & Personal Information Protection Act 1998.
Where customers are asked for their name and contact details on the website, the name and email address will be used for the sole purpose for which it was provided (for example, for the purpose of resolving a complaint). We will not add your email address or name to a mailing list, or otherwise disclose your information except in accordance with the Privacy & Personal Information Protection Act 1998.
Information is stored securely in an appropriate secure format and held by NSW Trustee and Guardian in accordance with archiving requirements.
Due to the developing nature of privacy principles for online communication, this policy may be modified or expanded in light of new developments or issues that may arise from time to time. The amended policy will be posted to this website and will operate from the time it is posted.
NSW Trustee and Guardian manages and responds to an eligible data breach, in compliance with obligations under the NSW Mandatory Notification of Data Breach Scheme. If it is not possible to notify individuals or organisations directly, details of the data breach should be included on the NSW Trustee and Guardian Public Notification Register.
Updated December 2023