Privacy of Information

Privacy of information

Personal information protection policy

Collection of Information

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 (Act) and accompanying regulations to common law damages and/or no fault benefits and where applicable providing benefits under the Act and regulations.

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.

Keeping Information Up-to-date

The MAIB will endeavour to ensure that personal and health information collected about you is relevant to your claim. The MAIB does collect some information about the claims from third parties such as reports from claimant’s doctors. The consent to collect this information is obtained as part of the process of making a claim for compensation under the Act.

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

Sensitive Information

Sensitive information includes things like, criminal record, racial origin and sexual preferences. The collection of sensitive information requires your consent unless the collection of that information is allowable by law.

From time to time the MAIB may legally obtain information about a person which may be deemed to be sensitive. This information may be kept on file for use if and/or when required.

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.

Unique Identifiers

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.

Access to and Correction of Information Collected

The Personal Information Protection Act 2004 (PIP Act) provides that you can access 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 Executive Officer
Motor Accidents Insurance Board
PO Box 590
Launceston TAS 7250
Ph: (03) 6336 4800
Toll Free: 1800 006 224

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 which will be processed in accordance with the provisions of the Right to Information Act 2009.

If you are not satisfied with the handling or outcome of your request for access to, or correction of your personal information, you can lodge a complaint with the Ombudsman. The Ombudsman’s Office can be contacted on toll free number 1800 001 170 or by email at ombudsman@ombudsman.tas.gov.au.

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. Otherwise, your personal information will only be disclosed with your consent or if it is required by or authorised by law.

For example, there may be a need or requirement to disclose some or all information we collect to contractors and agents of the MAIB, law enforcement agencies, courts or other public sector bodies.

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.

Security of Personal Information

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

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

  • technical safeguards (including firewall and virus protection);
  • back up and recovery systems;
  • automated password reset prompts and timeout screensavers on all computers;
  • 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.

Legislation

Section 7B of the Motor Accidents (Liabilities and Compensation) Act 1973 relates to disclosure of information.

Section 7B (1) states:

“Subject to this section, a person who is or has been a member of the Board or an employee of the Board shall not, directly or indirectly, disclose to any other person information obtained by him in the exercise of any powers conferred, or duties imposed, on him by this Act, or by virtue of his employment under, or for the purposes of, this Act”.

Section 7B (2) states:

“Subsection (1) does not operate to prevent the disclosure of information where that disclosure –

(a) was made in connection with the administration or execution of this Act;

(b) was made in reporting, for the purposes of investigating a possible offence –

(i) a suspected unroadworthy vehicle; or

(ii) a suspected fraudulent activity discovered during the administration or execution of this Act;

(b) was ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing or determination by that court, body, or person of any matter or thing; or

(c) relates to a person, and was made with the approval in writing of that person”.

A person found guilty of non-compliance with s 7B of the Act may face a fine or a gaol term.