Our Privacy Policy
At Victoria Probate, we are committed to protecting the privacy of our clients. We comply with the Privacy Act 1988 (“the Act”) and adhere to the Australian Privacy Principles (“APP”), which outline 13 key principles governing the handling of personal information by APP entities.
Under section 6 of the Act, Personal Information is defined as:
“Information or an opinion about an identifiable individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether it is recorded in a material form or not.”
For more information about the APP, you can contact the Office of the Australian Information Commissioner (OAIC) at enquiries@oaic.gov.au or visit their website: Australian Privacy Principles.
This Privacy Policy outlines how Victoria Probate manages personal and other information provided by our clients. It also explains how you can lodge a complaint with the OAIC if you believe we have not met our obligations under the Act.
The Kinds of Personal Information Collected and Held by Victoria Probate
What Information We Collect
Victoria Probate may collect and store various types of Personal Information related to our business interactions with you. This may include:
- Your name and contact details, such as phone numbers, addresses, and email addresses.
- Financial details, including but not limited to credit card information and bank account details.
How We Collect and Store Your Personal Information
Victoria Probate gathers personal information through various means, including but not limited to:
- Direct interactions, such as online probate applications, meetings, phone calls, and written correspondence (both electronic and paper-based).
- Our website and mobile applications, including online forms, cookies, and log files.
Additionally, we use Google Analytics to understand how users interact with our website. This tool collects data such as the pages visited, time spent on the site, traffic sources, and selections made. The information (including your IP address) is stored on Google servers in Australia and overseas. You can opt out of Google Analytics by disabling cookies, turning off JavaScript, or using Google’s opt-out service.
Please note that our website may contain links to external sites. Victoria Probate is not responsible for the privacy practices of these sites, and we encourage you to review their privacy policies.
Under the Australian Privacy Principles (APP), you have the right to remain anonymous or use a pseudonym when dealing with us. However, if you choose not to provide certain personal details, we may be unable to proceed with business dealings.
Once probate documents are filed in court, third parties may access personal information related to you and the deceased’s estate.
Victoria Probate stores personal information in both electronic and physical formats at our main and branch offices, as well as with trusted agents and service providers. We take reasonable security measures to protect your information and implement proper procedures to dispose of data that is no longer needed.
How We Use Your Personal Information
We collect and store your information for the following purposes:
- To provide updates, news, and promotions related to Victoria Probate.
- To comply with applicable legal requirements.
- For administrative, strategic, and marketing purposes.
We will not use your personal information for marketing if you expressly request us not to do so.
Disclosure of Personal Information
Victoria Probate may disclose your personal information:
- To affiliated entities, business partners, and associates for purposes related to the services requested.
- To legal advisors and debt recovery agencies for matters involving disputes or outstanding payments.
- With your consent, to credit reporting agencies for financial verification.
- To institutions or authorities as required by law.
We may also share your information with your authorised representatives upon receiving written permission from you.
Access to and Correction of Personal Information Held by Victoria Probate
Accessing and Correcting Your Personal Information
You have the right to request access to the personal information we hold about you. To do so, please submit a written request via email or hard copy to:
Email for privacy inquiries: probate@victoriaprobate.com
Or send a written request to:
The Privacy Compliance Officer
Victoria Probate
454 Collins Street Melbourne, VIC 3000 Australia
Before processing your request, we will require sufficient proof of identity to verify your details.
Victoria Probate will typically respond to your request within 30 days. Information will only be provided:
- If required under the Australian Privacy Principles (APP).
- At the discretion of Victoria Probate.
If we decline your request for access, we will provide written reasons for our decision.
Victoria Probate may charge an administrative fee for providing access to personal information. This may include costs related to locating, retrieving, compiling, copying, and delivering the requested information.
Once you have accessed your personal information, you may request corrections for any errors or omissions. Any such request must be submitted in writing to the addresses listed above. We will typically process correction requests within 30 days and notify you of any updates made. If we decline to make requested changes, we will provide written reasons for our decision.
How You May Complain about Victoria Probate for an Alleged Breach of the Australian Privacy Principles or a Registered APP Code
Making a Privacy Complaint
If you have concerns about how Victoria Probate handles personal information or its compliance with the Australian Privacy Principles (APP) or any registered APP Code, you may submit a complaint in writing to:
Email for privacy inquiries: probate@victoriaprobate.com
Or send a written complaint to:
The Privacy Compliance Officer
Victoria Probate
454 Collins Street Melbourne, VIC 3000 Australia
Victoria Probate will typically respond to your complaint in writing within 30 days unless further information or inquiries are required. We will make every effort to address your concerns as quickly as possible. If a final response cannot be provided within 30 days, we will inform you of the reason for the delay and provide an updated timeframe.
If you are not satisfied with our response, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC). For more details on submitting a complaint, visit:
The contact information of the OAIC is set out below:
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Fax 02 9284 9666
Post: Sydney Office, GPO Box 5218 Sydney NSW 2001
How Eligible Data Breaches are Handled
An eligible data breach occurs when there is unauthorized access, disclosure, or loss of personal information that may result in serious harm to an individual.
In accordance with the Australian Privacy Principles (APP), Victoria Probate takes all reasonable measures to protect personal information from misuse, interference, loss, and unauthorized access, modification, or disclosure.
To effectively manage potential data breaches, we have a Data Breach Response Plan in place, which outlines how breaches are contained, assessed, and handled.
Our Data Breach Response Plan:
- Contain the breach to prevent further exposure.
- Initiate a preliminary assessment conducted by the Data Breach Response Team.
- Assess the risks associated with the breach and its impact on affected individuals.
- Determine the appropriate parties to be notified about the breach.
- Review the incident and implement measures to prevent future breaches.
Factors Considered for Notification:
When determining whether individuals need to be notified, we consider:
- The risk of serious harm to the affected individual.
- Whether notification can help mitigate potential harm.
- The sensitivity of the compromised information and the risk of embarrassment or distress.
- Any legal or contractual obligations requiring notification.
If we reasonably believe a data breach poses a risk of serious harm, we will notify the Office of the Australian Information Commissioner (OAIC). In some instances, we may also inform relevant third parties.