Consultation period

3 July 2023 - 5:00 pm To 13 August 2023 - 11:59 pm

Disability Services and Inclusion Bill: Draft Exposure Consultation – Privacy Collection Notice

Your personal information is protected by law, including under the Privacy Act 1988 (Cth) (the Privacy Act).

The Department of Social Services (Department, we, us, our), collects personal information about individuals for a range of purposes to enable it to carry out its functions. More information about how we handle your personal information is set out in our Privacy Policy.

This privacy collection notice is designed to ensure you are aware of certain matters in relation to the Department of Social Service’s collection of your personal information, as required by the Privacy Act.

What is the purpose of this consultation?

We are currently inviting participants to provide their views on the following consultation: Disability Services and Inclusion Bill: Draft Exposure Consultation.

You may have participated in the consultation which took place from 7 November 2023 to 12 February 2023, seeking your input to help inform the drafting of new legislation to repeal and replace the Disability Services Act 1986 (Cth) (the current Act). Our team has reviewed what you told us and has developed a draft of what the new Bill will look like.

We are now seeking your comments on the draft of the new Bill. Comments are welcome from anyone. First and foremost, this includes people with disability, but also includes family members, carers, advocates, service providers, peak bodies and organisations. You can share your own views, or provide feedback on behalf of someone else.

What is ‘personal information’ and ‘sensitive information’?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Sensitive information is a subset of personal information. It includes information or an opinion about your racial or ethnic origin, political opinions, religious beliefs or affiliations, philosophical beliefs, membership of associations or unions, sexual orientation or practices, criminal record, or health, genetic or biometric information.

How we collect your information

Your personal information relating to your personal views will be collected if you choose to participate in the survey. We will do this by:

  • collecting information from your responses to the Engage.dss.gov.au survey; and
  • collecting information from you directly through email, telephone or postal submission.

As part of the consultation, you will not be required to provide your name, phone number or address. However, any submissions emailed, posted or submitted via telephone to the Department directly may include your name, email address, phone number, address and other identity details.

The Department’s intention is for participants to not be identified or be reasonably identifiable. However, this may not always be possible due to various factors (e.g. if you include personal information in free text boxes). Where we are able to identify you (or reasonably identify you) from your response, we will handle your response in accordance with the Privacy Act as it will be ‘personal information’.

What personal information we collect

Through your participation in the consultation, we will collect a range of information. If you can be reasonably identified, this will be your personal information (and some of which could be sensitive information) including:

  • your state or territory
  • your cultural identity
  • whether you are responding as an individual or on behalf of an organisation
  • if you are a person with disability, a carer, family member or a friend of a person with disability
  • if you work as a service provider, advocate or at a peak body
  • your responses to questions that seek your views and have free text boxes.

Why we collect your personal information

Your personal information is collected for the purposes of policy development connected to the drafting of the Disability Services and Inclusion Bill.

If you do not provide your personal information (including sensitive information), we will still be able to consider your views as part of the consultation process and your identity will remain anonymous.

Some of the information collected by us from our targeted or public consultations or surveys has research value in developing policies that extend beyond the specific consultation or survey for which it was originally collected. Where this is the case, the information that we collect from this consultation may be used for our other research purposes. In doing so, we will apply the Australian Privacy Principles to the handling of any personal information.

Who we disclose your personal information to

The information you provide in your consultation response, including personal information, may be published and be made publicly available on the DSS Engage website.

We will not publish your responses if we consider (for any reason) that they should not be made public. We may redact parts of your feedback before publication, as appropriate. This may occur in circumstances where the submission contains information that is not relevant to this consultation, or contains personal or sensitive information.

We will not provide your personal information to anybody else unless required to by law. We will not disclose your personal information to anybody overseas.

Storage of your personal information

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Australian Government records management regime, including the Archives Act 1983, agency-specific records authorities and general records authorities. This ensures your personal information is held securely by the Department.

More information

More information about how we handle your personal information is set out in our Privacy Policy. Our Privacy Policy contains information about how you can access any personal information that we hold, and how to seek correction of that personal information. It also contains information about how to make a complaint about a breach of your privacy. If you have any concerns or questions, you can contact us at compaints@dss.gov.au.

Confirmation and consent

By providing your personal information through the consultation you consent to the Department collecting your personal information and handling your personal information in accordance with this Privacy Collection Notice.

Confirmation and consent for collection of sensitive information

This section only applies if you are providing sensitive information as part of your consultation response. Please note that you do not need to provide your sensitive information if you do not wish to do so.

By providing your sensitive information as part of your consultation response, you consent to the Department collecting your sensitive information and handling your sensitive information in accordance with this privacy notice.

Privacy notice for public seminars

What personal information we collect

Through your participation in the consultation, we will collect a range of information. If you can be reasonably identified, this will be your personal information (and some of which could be sensitive information), including:

  • State/Territory of residence;
  • If they reside in a metro/regional area;
  • Cultural identity (Aboriginal and/or Torres Strait Islander/Culturally or linguistically diverse);
  • If responding as an organisation or individual. If an organisation, which organisation, and whether the organisation services metro, regional or remote areas;
  • If they are a person with a disability, carer or friend;
  • If they are employed by a service provider, whether the service provider is in advocacy, employment or are a mainstream provider;
  • If they are representing a peak body or other disability organisation; and
  • Personal views.

Through your participation in the Information Seminar, we will collect the following personal information:

  • your first name;
  • your surname; and
  • your email address.

How we collect your information

Your personal information and personal information relating to your personal views will be collected if you choose to participate in the Consultation and/or Information Seminar. We will do this by:

  • Collecting information when you register for the Information Seminar on Eventbrite; and
  • Collecting information from you directly through your participation in the Information Seminar.
  • Collecting information from you via the survey component of the consultation (if you choose to include personal information).

Why we collect your personal information

  • Registration to attend the Information Seminars to explain and discuss the Bill;
  • Recording the Teams meeting as part of note taking so we can collate the information provided; and
  • For the purposes of policy development connected to further development of the Bill.

Given the nature of the Information Seminar, you will be unable to remain anonymous and if you do not provide your personal information, you will be unable to join the Microsoft Teams meeting and we will therefore be unable to consider your views as part of this phase of the consultation. All participants in the Information Seminar will have their camera and microphone disabled, and will be able to participate anonymously via “Mentimeter” and the “Q&A” function on Microsoft Teams. Therefore, only a minimal amount of personal information, being your full name and any questions/comments submitted via the “Q&A” function may be collected and captured in the video recording.

There will be an opportunity to remain anonymous in the survey component of the consultation, as personal information is not required to make a submission.

Some of the information collected by us from our targeted or public consultations or surveys has research value in developing policies that extend beyond the specific consultation or survey for which it was originally collected. Where this is the case, the information that we collect from this consultation may be used for our other research purposes. In doing so, we will apply the Australian Privacy Principles to the handling of any personal information.

Who we disclose your personal information to

We will not provide your personal information to anybody else unless required to by law. We will not disclose your personal information to anybody overseas.

More information

More information about how we handle your personal information is set out in our Privacy Policy. Our Privacy Policy contains information about how you can access any personal information that we hold, and how to seek correction of that personal information. It also contains information about how to make a complaint about a breach of your privacy. If you have any concerns or questions, you can contact us at compaints@dss.gov.au.

More information about how Microsoft Teams handles your personal information is set out in the Microsoft Privacy Statement.

More information about how Mentimeter handles your personal information is set out in the Mentimeter Privacy Statement.

Confirmation and consent

This section only applies if you are providing sensitive information as part of your consultation response. Please note that you do not need to provide your sensitive information if you do not wish to do so.