Privacy of Information

Privacy of information

Personal information protection policy

1

Introduction

The Motor Accidents Insurance Board (MAIB) is a Tasmanian Government Business Enterprise which operates a compulsory third party insurance scheme. The scheme provides medical and income benefits on a no-fault basis to persons injured as the result of a motor accident while enabling access to common law.

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

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

  • 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
  • nationality.

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

The MAIB collects your personal information directly from you and in some cases, from other sources where it is necessary.

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;
  • claimant’s 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 so that MAIB can:

  • identify you (including through our 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

Identity three point check

When contacted by a client and the client is not known to the MAIB, staff will enquire and ask the client for their claim number and their name. If these two pieces of information align with the information held by the MAIB, then the client will be asked for one other piece of information.

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.

1.4

Anonymity

If you are making a general enquiry it may not be necessary to identify yourself. However, it is not possible to maintain anonymity when dealing with the MAIB about your claim.

1.5

Unique Indentifiers

The MAIB does not assign unique identifiers to people unless it is necessary to carry out its functions efficiently or is required by law. If you lodge a claim with the MAIB, you will be given a claim number.

The MAIB does not adopt unique identifiers that are assigned to you by another organisation.

However, in certain circumstances the MAIB may be required to collect government-related identifiers such as your tax file number, Medicare number, Centrelink reference number, drivers licence number, passport number and individual healthcare identifiers.

The MAIB will not use or disclose this information unless the use or disclosure is permitted under the PIP Act.

1.6

Keeping Information Accurate and Up-to-date

The MAIB will endeavour to ensure that personal and sensitive information collected about you is relevant to your claim.

The MAIB will take reasonable steps to ensure that the personal and sensitive information it has obtained in relation to you is accurate, complete 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

The PIP Act provides that you have a right to access and correct your personal information that is held by the MAIB. If you wish to access and/or correct your personal information held by the MAIB, then you may do so, by putting your request in writing and sending it to the MAIB Executive Officer. Contact details for the MAIB Executive Officer are provided in Section 5 ‘Complaints about Personal Information’. The MAIB will give you access to your personal information, unless an exception in the PIP Act applies.

If you are advised by the MAIB of a decision to refuse your request or you do not receive a response to your written request within 20 working days, you may send a further written request to the MAIB. This request will be processed in accordance with the provisions of the Right to Information Act 2009 (Tas).

3

Use and Disclosure of Personal Information

MAIB employees are only provided with, or have access to, the information that is necessary for them to carry out their functions within the MAIB. All employees are bound by confidentiality agreements.

Personal information will be used only for the purpose described in the “Collection of Information” section above unless the use or disclosure is otherwise permitted under the PIP Act (e.g. where the purpose of the use or disclosure is related to the primary purpose of collection and you would reasonably expect the MAIB to use or disclose the information for that purpose). Otherwise, your personal information will only be disclosed with your consent or if it is required, or authorised, by law.

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

The MAIB will take reasonable steps to ensure that the personal and sensitive information that it collects is protected from misuse, loss, unauthorised access, modification or disclosure.

The MAIB will store your personal information in a number of ways, including:

  • 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

If you:

  • 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