Updated August 2023
Farrar Gesini Dunn (FGD) is committed to providing quality services to our clients and this policy outlines our ongoing obligations in respect of how we manage Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). This Act governs the way in which we collect, use, disclose, store, secure and dispose of Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
What is Personal Information and why do we collect it?
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.
Personal Information is obtained in many ways including appointments, emails, our website, telephone calls, video calls, correspondence and from third parties.
We collect Personal Information for the primary purpose of providing our services to our clients, providing information to our clients and marketing. We may also use Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, sexual orientation or practices, criminal record, and includes health information about an individual, or genetic information about an individual that is not otherwise health information; or biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or biometric templates.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Subject to our professional obligations, Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure;
- Where necessary in connection with our provision of services, including to our client, barristers, experts and to Courts;
- With your consent, to an overseas recipient; and
- Where required or authorised by law.
Security of Personal Information
Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify Personal Information. However, most of the Personal Information is, or will be, stored in client files which will be kept by us for a minimum of 7 years.
Maintaining and Access to Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Our clients may access the Personal Information we hold about them and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
FGD will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.In order to protect your Personal Information we may require identification from you before releasing the requested information.
We are not required to provide access to Personal Information in the following circumstances:
- FGD reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
- Giving access would have an unreasonable impact on the privacy of other individuals; or
- The request for access is frivolous or vexatious; or
- The information relates to existing or anticipated legal proceedings between FGD and the individual, and would not be accessible by the process of discovery in those proceedings; or
- Giving access would reveal the intentions of FGD in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- Giving access would be unlawful; or
- Denying access is required or authorised by or under an Australian law or a court/tribunal order; or
- Both of the following apply:
- The entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in;
- Giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
- Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
- Giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process.
This Policy may change from time to time and is available on our website.
Level 1/ 10 Rudd Street, Canberra, ACT 2601
02 6115 9000
Disclaimer and Terms and Conditions
The content and publications on this website are general only, for general information and interest only. It is not intended to be comprehensive, nor does it constitute legal advice, and must not be relied on as legal advice. We attempt to ensure that all content is current but we do not guarantee that it is correct at the time of access. No solicitor-client relationship or other rights or obligations are created by accessing the website. Individuals should seek independent legal or other professional advice before acting on or relying on any of the content.
Sending an e-mail or other information to Farrar Gesini Dunn does not create a solicitor-client relationship, and none will be formed unless there is an expressed agreement between the firm and the client. Thus, we strongly advise against sending confidential or privileged information to us until you can establish such a relationship. The firm does not have a duty of confidentiality in relation to any information received prior to the establishment of a solicitor-client relationship.
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Farrar Gesini Dunn makes no warranties or representations about this website or any of the content or linked content. We exclude to the maximum extent permitted by law any liability that may arise as a result of the use of this website, its content, the information or it, or any content that is linked to this website.