Privacy of Information

1

Collection of Information

The MAIB’s primary purpose for collecting information is to determine entitlement under the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas) (Act) and accompanying regulations to common law damages and/or no fault benefits. This includes providing benefits under the Act and regulations where applicable.

The collection of personal and health information is limited to that which is necessary and relevant to the determination of your entitlement to benefits or common law damages, and to the provision of benefits or is otherwise necessary in connection with the administration or execution of the Act.

The MAIB is committed to respecting your privacy and protecting your personal information in accordance with our obligations under the Personal Information Protection Act 2004 (Tas) (PIP Act). MAIB staff are trained to protect your personal information in accordance with our policies, procedures and systems.

This policy outlines how MAIB manages and secures your personal information. It also describes the kinds of personal information that MAIB holds and for what purposes, and how that information is collected, held, used and disclosed.

1.1

Types of Information the MAIB Collect and Hold

• name, date of birth and gender;
• contact details such as address, phone number and email address;
• occupation;
• banking details;
• Medicare information;
• motor vehicle registration information;
• photographs or video footage;
• contact details of doctors;
• information obtained as part of the management, assessment, investigation and processing of a claim (e.g. information contained in a Police report); and
• any other information considered to be reasonably necessary.

The MAIB may need to collect sensitive information about you. Unless collection of the sensitive information is otherwise permitted under the PIP Act, the MAIB will only collect sensitive information with your consent where that information is necessary for MAIB functions or activities.

The MAIB may collect and hold the following types of sensitive information about you:

• health information (including current and past medical history);
• accident details;
• criminal record information;
• claims history; and

The MAIB may also collect personal information about you because the collection of the information is required or authorised by law or a court/tribunal order.

1.2

Collecting Personal Information

For example, the MAIB may collect your personal information directly from you when you:

• use MAIB online services, such as lodging forms through the MAIB online platform;
• submit an Application for Benefits and/or Notice of Accident form, either through the MAIB website, by email or by post;
• send MAIB an email or letter; and/or
• speak to MAIB over the phone or in person.

The MAIB may also collect personal information from other sources where the MAIB are required or authorised by law to collect the information from someone else.

Examples of other sources that the MAIB may collect personal information from include, but are not limited to:

• third parties who are involved in a claim or are assisting the MAIB in assessing, investigating, processing or settling a claim;
• treating doctors;
• police reports; and
• a person authorised to provide your personal information to the MAIB on your behalf (e.g. a spouse, carer, parent).

The MAIB may also collect personal information from publicly available sources such as public websites.

The MAIB collects personal information to:

• identify you (including through the three point identity check as set out below) and conduct appropriate checks;
• understand your requirements;
• assess, investigate, process and settle any claims you make;
• determine entitlement under the Act and accompanying regulations to common law damages and/or no fault benefits;
• detect, investigate and prevent fraud;
• manage complaints and disputes, and report to dispute resolution bodies; and
• comply with any applicable laws, regulations or codes of practice

1.3

Call Recording

If you do not consent to the use of call recording for any purpose outlined in this policy you may inform the MAIB at the time of the call and your call will not be recorded.

1.4

Identity three point check

Where contact or an enquiry is made on behalf of a client, staff will ensure that the person making contact is authorised to do so on the client’s behalf.

1.5

Anonymity

1.6

Unique Identifiers

1.7

Keeping Information Accurate and Up-to-date

If you believe that personal information held or used by the MAIB about you is incorrect, incomplete, out of date or misleading , then you can request the amendment of any part of that information by contacting our Executive Officer and following the steps set out below in section 5 ‘Complaints about Personal Information’.

2

Access to and Correction of Information Collected

3

Use and Disclosure of Personal Information

For example, there may be a need or requirement to disclose some or all information the MAIB collects to third parties. Examples of third parties that MAIB may disclose your personal information to include, but are not limited to:

• contractors and agents of the MAIB who are involved in a claim or are assisting the MAIB in assessing, investigating, processing or settling claims;
• law enforcement agencies;
• courts or other public sector bodies; and
• any other person where you have given your consent.

The PIP Act permits the disclosure of “basic personal information” (that is, name, address, date of birth and gender) to other public sector bodies where necessary for the efficient storage and use of information.

Some personal information that is collected by the MAIB may be used in research, statistical analysis, state or national reporting, awareness programs, public statements or training, but not in a way which would identify the person/s to which it relates.

Personal information in written submissions on policy matters or matters of public consultation may be disclosed in reports that are made public, unless the submission was submitted and/or accepted on a confidential basis.

4

Security of Personal Information

• computer systems;
• electronic databases (including cloud-based databases);
• digital records; and
• hard copy or paper files.

Methods employed by the MAIB to ensure that personal and sensitive information is protected include:

• technical safeguards (including firewall and virus protection);
• robust data protection protocols and encryption services;
• back-up and recovery systems;
• automated password reset prompts and timeout screensavers on all computers;
• employee privacy training;
• ensuring the identity of claimants;
• signed employee and contractor confidentiality agreements; and
• physical measures, such as building security, to ensure that access to information held by the MAIB is controlled.

5

Complaints about Personal Information

• have any issues about the way the MAIB handle your personal information after reading this policy;
• become aware of a potential breach of privacy; or
• wish to make a complaint

please contact:
The Executive Officer
Motor Accidents Insurance Board
PO Box 590
Launceston TAS 7250
Ph: 03 6336 4800
Toll Free: 1800 006 224
Email: info@maib.tas.gov.au

If you are not satisfied with the handling or outcome of the MAIB’s investigation into your complaint, you can lodge a complaint with the Tasmanian Ombudsman.
Complaints can be made to the Tasmanian Ombudsman in the following ways:
Telephone: 1800 001 170
Email: ombudsman@ombudsman.tas.gov.au
Mail: GPO Box 960, Hobart 7001 TAS
Online: https://secure.justice.tas.gov.au/ombudsman_resolve_update/ombudsman_complaint_form