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
1. Barfund values the privacy of information and wishes to keep your personal information confidential unless disclosure is necessary for the administration of the Fund or is otherwise consented to or authorized by you or required by law.
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 |