Information held by the New South Wales Bar Association about its members, holders of New South Wales Barristers’ Practising Certificates, staff and clients is, as applicable, collected, stored, used and disclosed in accordance with the Privacy Act 1988 (Cth) (the Act). The Association is committed to uphold the Australian Privacy Principles contained in the Act.
COLLECTION AND USE OF PERSONAL INFORMATION
Holders of Practising Certificates
The Bar Association collects and stores information on holders of practising certificates pursuant to the Legal Profession Uniform Law (NSW), the Legal Profession Uniform Law Application Act 2014 and the regulations and rules made under those Acts (‘the legal profession legislation’).
Information provided by holders of practising certificates is recorded in the Association’s database kept in accordance with section 149 of the Legal Profession Uniform Law Application Act 2014, which requires the Bar Council to keep a register of the names of Australian lawyers to whom it grants local practising certificates. Clause 60 of the Legal Profession Uniform Law Application Regulation 2015 also sets out the information to be kept on the register.
Barristers’ practice contact details are provided to other organisations for the purposes of publications e.g. the Law Society Diary, and the Association on request also provides practice contact details to members of the public. Personal information may be disclosed to other authorities pursuant to the legal profession legislation or by law, but no private or confidential information is otherwise disclosed to third parties.
Members of the Association
Membership of the Association is voluntary. Information provided by members is recorded in the Association’s membership database. The information collected enables the Association to provide members with services and benefits.
‘Find a Barrister’ Webpage
If a member holds a current practising certificate, their practice contact details and other information relating to their practice appears on the Association’s ‘Find a Barrister’ webpage contained on this website. This search facility does not contain any confidential or personal information and it enables members of the public and solicitors to search for a barrister suited to their particular need.
Legal Referral Assistance Scheme
The Bar Association’s Legal Assistance Referral Scheme collects information from individuals who seek legal assistance. These individuals are advised as to why certain information is requested and the manner in which that information will be used and disclosed.
Unless authorised by the Legal Profession Uniform Law (NSW), the Legal Profession Uniform Law Application Act 2014 and the regulations and rules made under those Acts, or some other Act, or the individual to which the information is held (specifically or impliedly), the Association does not share or publish information to third parties about its members, holders of practising certificates, or applicants to the Legal Assistance Referral Scheme.
Cross Border Disclosure of Personal Information
In limited circumstances, the Association may need to disclose personal information overseas in order to obtain information about an individual’s prior qualifications, membership or legal practice. These circumstances would relate to applications for Practising Certificates, where an applicant nominates prior overseas registration. In these limited circumstances the Association would only be disclosing information provided by the applicant to a jurisdiction nominated by the applicant. The information would be provided and obtained in accordance with Australian Privacy Principle 8.2(c) and the legal profession legislation or the Trans-Tasman Mutual Recognition Act 1997.
If you practise in a foreign country (or apply to do so) we may send your personal information overseas in response to an inquiry from the relevant authority in that place.
DEALING WITH PERSONAL INFORMATION
Security of Personal Information
The Bar Association is committed to keeping private information held on individuals, electronically or otherwise, secure and has always maintained appropriate security measures and technology to ensure that information is protected. The Association regularly reviews and when necessary will update its security measures to ensure all data held is secure
Access to personal information
Any person about whom the Association holds personal information, including Association members and holders of practising certificates, may access that information on written request. The Bar Association may withhold or limit access if such access would have an unreasonable impact on the privacy of other individuals, if the information relates to existing or anticipated legal proceedings between the Association and the person applying, or if denying access is otherwise required or authorised by law. In deciding whether to deny or limit access to personal information the Association will have regard to the Australian Privacy Principles as contained in the Act, specifically Australian Privacy Principle 12.
Correction of Personal Information
Any person who believes that personal information which the Association holds about them is not accurate, complete and up to date is invited to inform the Association and it will take reasonable steps to correct any errors or omissions. The Association will apply the relevant provisions of Australian Privacy Principle 13 in respect of any application for the correction of personal information held by the Association.
Should you require further information about the Bar Association’s Privacy Policies and Procedures, you should write to:
The Privacy Officer
New South Wales Bar Association
174 Phillip Street
SYDNEY NSW 2000
Fax: (02) 9221 1149