OVERVIEW

There are two sections in this Privacy Statement –

• "General" which explains our policy on personal information that we (Barfund Pty Ltd) collect in the course of our activities as a Trustee of the Victorian Bar Superannuation Fund (Fund); and
• "Website" which explains our policy on personal information that we collect when people visit our website.

If you have any questions about the personal information that is being collected, please contact the Fund as follows:

Trustee details:
Barfund Pty Ltd
ABN 85 063 363 628
AFSL 247465
RSE Licence No. L0002165

Level 1,
180 William Street,
Melbourne Vic 3000

Phone: (03) 9225 7908
Fax: (03) 9225 8878
Email: barfund@vicbar.com.au

Fund Secretary:
John Ames
Ph: (03) 9225 7908

Fund Administrator:

KPMG Superannuation Services Pty Limited
ABN 90 094 584 755
10 Shelley Street
SYDNEY NSW 2000 Australia
Telephone: +61 2 9335 8158
Fax: + 61 2 9335 7001

Barfund’s commitment to privacy
Under the Privacy Act, the Trustee must advise members how it collects, uses, stores and discloses and allows them to access, correct and update person information. The Trustee collects personal information from you and your employer when you join the Fund and from time to time during your membership (such as changes to your name, address, contributions, death benefit nominations, etc).

The personal information supplied to us is used for the purposes of establishing your membership in the Fund, processing contributions, providing Fund benefits and complying with applicable laws and regulations. If you or your employer do not provide complete and correct information, then your benefit may be restricted or incorrect.

The Trustee may disclose your information to third parties to assist them in operating the Fund and providing your benefits. Contact details are set out in your Annual Report. The Trustee has appointed a Privacy Officer to ensure the Trustee and its third parties comply with the Act. This is achieved by adhering to the Privacy Policy implemented by the Trustee and monitoring the administrator and other third parties. The Privacy Policy is based on the ten National Privacy Principles (NPPs) which relate to;

1. Collection of personal information

2. Use and disclosure of personal information

3. Quality of data – personal information must be kept up to date, accurate and complete.

4. Security of data – personal information must be protected from unauthorised access etc.

5. Freedom of information – each organisation covered by the Act must prepare a management document for the treatment of personal information which is provided to anyone on request.

6. Access and correction – individuals may obtain their personal information and require that it be corrected if necessary.

7. Identifiers – an organisation must not adopt identifies used by federal agencies.

8. Anonymous dealings – an individual must have the option, generally speaking, to interact anonymously with organisations.

9. Data Flow offshore – is only allowed if handled consistently with those principles.

10. Sensitive – additional restrictions on collection and use will apply for this type of information.

To the extent that Barfund Pty Ltd (“Barfund”) is bound by the provisions of any Commonwealth or State privacy legislation, the National Privacy Principles and the Health Privacy Principles provided for in the Health Records Act 2001 (Vic), it will observe and comply with those provisions. Otherwise, it will use its reasonable endeavours at all times to act in connection with personal information collected by it in the spirit of the legislation and privacy principles.

GENERAL

What types of personal information does Barfund collect?

2. Barfund or the Fund Administrator collects personal information of the following kinds about members of the Fund (“members”):

2.1 formal details including full name, spouse's name, names of any dependants;

2.2 contact details including office and home addresses and telephone numbers and any email addresses;

2.3 details of any contributions and any specific contribution instructions;

2.4 details of entitlements;

2.5 details of tax file numbers;

2.6 date of commencement of Fund membership;

2.7 details of salary (if you are an employee);

2.8 details of sex, age and date of birth;

2.9 details of any death benefit nomination(s);

2.10 personal details such as current health information and any intention to work full or part-time or to retire;

2.11 instructions regarding withdrawal from the Fund including rollover to any other approved fund;

2.12 details of any application for insurance together with ancillary documentation (including health details where required);
instructions as to allocation of contributions and account balances between investment options (as applicable).

Why does Barfund collect personal information?

3. We use information collected to establish your member account in the Fund, to process your contribution and investment instructions, to provide you with the Fund benefits and otherwise to administer your membership of the Fund.

Who does Barfund disclose personal information to?

4. Barfund collects this information as part of its obligations as Trustee of the Fund, and also for distribution to people outside the Fund to the extent necessary to administer the Fund and comply with applicable laws and regulations, principally:

4.1 The Fund Administrator;

4.2 JANA Investment Advisers Pty Ltd as Fund asset consultant;
Australian Prudential Regulation Authority (APRA);

4.3 Australian Taxation Office (ATO);

4.4 Australian Transaction Reports and Analysis Centre (AUSTRAC);

4.5 The Fund's insurer (if any);

4.6 Any of the Fund's other professional advisers (including legal and accounting firms, auditors, actuaries, consultants and other advisers);

4.7 Your employer (if employed);

4.8 Any superannuation fund or arrangement to which your benefit is to be transferred or rolled over (including an administrator of that fund or arrangement);

4.9 Any third party service provider we may engage to provide administration, technology, auditing, mailing or printing services;

4.10 Your spouse or former spouse (where required by law);

4.11 Appropriate professional persons in the event of any disability benefit application;

4.12 In the event of a member's death, any personal representative(s), death benefit nominee(s), potential beneficiaries, persons contacted in relation to the processing of your benefit or professional adviser concerned with the processing of you death benefit.

5. Your consent is required before Barfund can pass health or related information about you to another person to process a claim for a disability benefit.

6. Barfund does not provide personal information about you to third parties for direct marketing purposes.

7. Barfund holds copies of Fund accounting records provided to it by the Fund Administrator for backup and reference purposes.

8. Barfund collects personal information from members and holds it in database records.

9. Barfund generally collects personal information from you. However, sometimes it collects personal information from other sources (e.g. your employer if you have one). Personal information is collected when a person —

9.1 applies to become a member of the Fund;

9.2 makes a contribution to the Fund on behalf of the member or some other person (such as an employee);

9.3 makes an application to withdraw any entitlement from the Fund.

10. Barfund also collects information from any one browsing on its website. See below for further information.

When does Barfund disclose personal information?

11. Barfund discloses your personal information only:

11.1 for the purpose for which the information was provided (as stated above);

11.2 when requested or consented to by you;

11.3 as required or permitted by law.

Data quality

12. Reasonable steps will be taken to ensure that personal information we collect, use or disclosure about you is accurate, complete and up-to-date. However, the accuracy of the information will depend in large part upon the information which you provide to Barfund.

13. If you discover that there is an error in the information held about you or certain information is missing, please notify Barfund and we will try to correct or add to the information as soon as possible.

14. You are encouraged to keep Barfund up to date with any changes to your personal circumstances (such as change of name or address).

15. If you would like to talk to Barfund about access or correction, please contact Barfund as soon as possible. Contact details are set out at the start of this Privacy Statement.

16. Barfund reserves the right to impose restrictions on your benefits (including insurance benefits) if you do not provide the information required by Barfund, the Fund Administrator or any insurance company providing insurance to members of the Fund or if such information is incorrect.

How does Barfund protect the personal information it collects?

17. Barfund safeguards the security of the personal information collected from and in respect of you by storing it securely in both electronic and physical form.

18. Reasonable steps will be taken to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure. Barfund seeks to protect the privacy of information available to a member on-line by appropriate password protection and unauthorized entry detection procedures. It does not use industry-standard Secure Sockets Layer (SSL) encryption on its web pages. However such security encryption is used where personal information may be entered on-line.

19. We ask you to take care to protect your personal information when you have on-line access to the website and databases of Barfund. Members are requested to change their passwords often, use a combination of letters and at least one number, and make sure they use a secure browser.

20. Whilst all reasonable steps will be taken to ensure the security of a member’s information to which access is available through the website, no guarantee can be provided that information made available to a member or provided by a member is totally secure. Sending and receiving information over the Internet is at the member’s risk. However Barfund will do everything reasonable in the circumstances to ensure the security of a member’s information once it has been received from the member.

21. Barfund takes steps to destroy or remove personal identification in relation to information if the same is no longer needed. Under legislation certain records are required to be held for 10 years. As a general rule the Fund and the Fund Administrator keep information for that period to ensure that they can respond to queries even after you have left the Fund. However your Tax File Number will be destroyed as soon as it is practicable after you leave the Fund.

How can you access your personal information?

22. Members have access to the personal information held about them either by on-line access to that information through the Barfund website (where available) or by inspection by appointment on reasonable notice to the Secretary of Barfund. Members may correct certain information whilst on-line.

23. In certain circumstances, Barfund will only disclose personal information to a third party. For example, it may choose to provide health information to your GP rather than directly to you. Barfund is not required to give access in some instances, such as if:

23.1 it would have a reasonable impact upon the privacy of other individuals;

23.2 the request for access is frivolous or vexatious;

23.3 in limited instances where the information relates to existing or anticipated legal proceedings between you and Barfund;

23.4 it could prejudice negotiations between you and Barfund on a particular matter; or

23.5 providing access would be unlawful.

Barfund reserves the right to impose charges for providing access to information.

WEBSITE

24. When you look at the website of Barfund, we make a record of your visit and log the following information for statistical and security purposes:

24.1 Your internet address

24.2 The date and time of your visit to the site

24.3 The pages you accessed and documents downloaded

24.4 The type of browser you are using

25. We will not ordinarily attempt to identify users or their browsing activities unless such activities appear to jeopardise the operation or integrity of this website. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our logs.

26. Statistical information which does not identify the individual user may be used to allow us to improve the quality, security and performance of Barfund website.

Cookies

27. A cookie is a small text file placed on a user's computer when a website is accessed. It allows the website to recognise the cookie when the same computer returns to the website on another occasion.

28. Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent.

29. No cookies are employed on Barfund’s website. The web site statistics for this site are generated from web logs as outlined above.

Links to other websites

30. Barfund’s website contains links to other sites. We are not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by Barfund’s website. When you leave our site, you should read the privacy statement of any other website you visit and make your own judgment about the accuracy and reliability of information found there.

Email management

31. We will only record your email address if you send us a message. It will only be used for the purpose for which you have provided it. We will not use your email address for any other purpose, and will not disclose it without your consent.

32. Barfund’s website does not provide facilities for the secure transmission of information by e-mail. Please note, when you send Barfund an email, the content of your email may not be secure as it is transferred across the Internet. Please contact Barfund by telephone, facsimile or post if you have any concerns about the security of your message. Contact details are set out above.

Complaints

33. Should any complaints arise, these should be brought to the attention of Barfund’s Fund Secretary. Barfund will investigate the complaint and if the complaint is valid it will ensure that any conduct causing an interference with a member’s privacy is discontinued. If the complaint is not dealt to the member’s satisfaction, the member may contact the Victorian or Commonwealth Privacy Commissioner directly.

Further information

34. If you are interested in obtaining additional information about privacy, and in particular about the provisions of the Privacy Act 1988 (Cth), you can visit the Australian Federal Privacy Commissioner's web site at www.privacy.gov.au.