Guidelines To Making A Request For Access To Personal Information
The Energy and Water Ombudsman (SA) (“the Scheme”) is a company limited by guarantee registered under the Corporations Act 2001 (Cth).
Individuals have certain rights under the Privacy Act 1988 (Cth) (“Privacy Act”) to access personal information about them which is held by the Scheme. The Australian Privacy Principles (“APPs”) under the Privacy Act prescribe individuals' access rights to information. Individuals also have certain rights to request corrections to any personal information that the Scheme holds about them if it is considered inaccurate, out-of-date, incomplete, irrelevant or misleading.
Freedom of Information Legislation
Please note that freedom of information (“FOI”) legislation does not apply to private businesses or non-Government organisations such as the Scheme. As a consequence, you do not have rights under FOI legislation to request access to information of an individual (whether or not about you) which is held by the Scheme.
Costs associated with accessing personal information
We will not charge you a fee for making an application to access information. If, however, the Scheme incurs expenses for providing access to your personal information, we may recover any costs reasonably incurred by us to provide you with access to the personal information requested, including as a result of searching for, locating and retrieving the requested personal information, assessing which personal information to provide, reproducing and sending the personal information.
Rights under the Privacy Act
Under the Privacy Act:
- We are required to respond to an access request within a reasonable time period (i.e. by either providing access or refusing access). Our objective is to respond to all access requests within 30 days of when the request is made.
- We will endeavour to provide access to information in the manner requested by you. However, privacy access requests can be answered in different ways. That is, we may provide a verbal explanation of a decision or action, provide a summary of the requested information, provide a redacted version of existing documents, or compile data for you.
- The Scheme has a right to deny access in certain prescribed circumstances. If we refuse access, we will give you reasons for our refusal.
Making a request to access personal information
You may make a request under the Privacy Act to access or correct your personal information by using our Request for Access to Personal Information form Request for access to personal information, by emailing firstname.lastname@example.org or by writing to:
The Company Secretary
Energy and Water Ombudsman (SA) Limited
GPO Box 2947
Adelaide, SA 5001
We encourage use of the Request for Access to Personal Information form so that we obtain a clear understanding of the nature of the request, the types and extent of information requested, and so that we can more accurately assess any likely fees or charges for processing the request.
Correction of personal information
If we are able to correct your information, we will inform you when the process is complete. If we disagree with you that information should be corrected, we will give you our reasons for our refusal. You may then ask us to include a statement with the relevant information, indicating your view that the information is inaccurate, misleading, incomplete, irrelevant or out-of-date. We will take reasonable steps to comply with such a request.
Evidence of identity
In cases where a request relates to documents that contain your personal information, we will need to verify your identity before completing your request.
If another person has authorised you to make a request on their behalf, we need to verify both your identity and that of the person who has authorised you to make the request.
Acceptable identity documents include: a passport, an Australian driver’s licence or any other official identification in the English language which contains your photo, signature and address. Copies of identification documents should be certified as true copies of the originals by a person with the power to witness a Commonwealth statutory declaration.
Letter of authorisation for requests made on behalf of another person
If a person is making a request on behalf of another, we require a signed letter of authorisation specifically authorising the Scheme to either send documents to that person or allow that person to inspect the documents containing the other person's personal information.