The Project is being delivered on behalf of the Victorian Government by North East Link Project (NELP) and Major Transport Infrastructure Authority (MTIA). MTIA is an administrative office in relation to the Department of Transport established under the Public Administration Act 2004.
The legal framework
As a public organisation delivering a project on behalf of the Victorian Government, NELP and MTIA must comply with the Privacy Act, which contains a set of Information Privacy Principles (IPPs). The Privacy Act dictates how NELP must handle both your personal information and sensitive information.
NELP and MTIA must also comply with other laws that protect your privacy, including the Health Records Act 2001 (Vic). The Health Records Act contains a set of Health Privacy Principles (HPPs) and applies to NELP’s handling of health information, which is not subject to the IPPs.
The different types of information that are governed by privacy laws are set out below.
Personal information is information or an opinion that is recorded in any form, whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. Personal information may include your name, address, position description and contact details.
Sensitive information is also personal information, specifically personal information about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliation, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record.
How will NELP handle the personal and sensitive information that it collects from you?
In performing its functions and in complying with the IPPs, NELP:
- Will only collect personal information about you that is necessary for NELP to fulfil its functions. A core function of NELP is to engage and consult with stakeholders and the public about the Project. In some circumstances NELP may collect personal information from third parties. For example, NELP may collect personal information from other government bodies and ministers that redirect your queries and issues to NELP. NELP may also collect personal information from other third parties including public sources, local councils, road and rail operators, contractors engaged to help deliver the Project and organisations/groups with which you are associated or involved (e.g. your employer or a community group).
- When collecting your personal information, will take reasonable steps to notify you or ensure that you are aware of the purpose for which your personal information is being collected and how your personal information is used and disclosed.
- May use the information you provide to communicate with you via newsletter and/or e-news, respond to enquiries, requests or complaints, gain a better understanding of NELP's stakeholders' questions or concerns about the Project, to allow our team to respond to enquiries more efficiently, and to inform future public information and engagement activities.
- May disclose your contact details to a third party, such as a road or rail operator or authority, technology service providers engaged by NELP, MTIA, Public Transport Victoria, VicRoads, Transport for Victoria, and other government agencies or departments or a contractor engaged to help deliver the Project, to respond to your enquiry or concerns, or at handover of the completed Project to the authority responsible for the Victorian road network.
- Will obtain your consent to collect your sensitive information (unless NELP is otherwise required or authorised to collect it), and to use or disclose your personal information if required.
- Will take all reasonable precautions to ensure the security of your personal information from loss, misuse, unauthorised access, modifications or disclosures.
- In relation to job applicants and staff, NELP collects information about qualifications, skills, experience, character and screening checks. In addition, for staff who join NELP, NELP collects information about their employment arrangements, conduct, and payment/financial details.
NELP also uses personal information for recruiting, training and managing staff. Personal information (including payroll/financial details where appropriate) may also be disclosed to academic institutions, recruiters, payroll service providers, screening check providers, health service providers, professional and trade associations, law enforcement agencies, referees and your current, previous and prospective employers. NELP may not be able to fulfil its functions without your personal information. We encourage you to contact us should you have any privacy queries.
Social media accounts managed by NELP include but may not be limited to the following social media platforms: LinkedIn, Twitter, YouTube, Instagram and Facebook. Personal information that is collected by these social media platforms will be handled in accordance with their respective privacy policies.
If you choose to engage with NELP via social network channels including LinkedIn, Twitter, YouTube, Instagram or Facebook you should be aware of the following.
- NELP only collects information that you voluntarily provide via polls, responses, posts, comments, direct messages and tweets.
- Your social media profile contact details may be used to contact you for feedback or to engage you in conversation. All contact will be made via the channels you choose to participate in.
- Any information you post on social media sites is potentially accessible to anyone else engaging with the same social media site.
- Your individual privacy settings for profiles and accounts on social media networks are your responsibility. NELP has no control or jurisdiction over these settings.
- Each social network has inbuilt privacy settings. We strongly recommend that you regularly check and configure the privacy settings for your profiles and accounts to make sure that you know what information you are making available, and to which audience.
- When you choose to join our social networks and/or participate in any way, some of your personal information may be made visible to others. For example, if you choose to: ‘Like’ a NELP post, tweet, comment or update; share a link; follow on Twitter; tweet a mention or retweet a message; or join a Facebook Group, your activity may be made visible to others within these networks.
Electronic Direct Mail (EDM) & Newsletter Subscription
NELP uses both internally built mail distribution software and third-party vendors to provide online communication services for some email campaigns and newsletter services.
In subscribing to newsletters, you are providing NELP and the MTIA with personal information, which we will not disclose for any other purpose without your consent.
You can unsubscribe at any time and your email address will be moved to a 'do not contact' email database. To do this, click on the unsubscribe link within each email or newsletter type you have previously subscribed to.
Subscriptions supported by third-party vendors only share details to assist with managing delivery, technical issues and the prevention of fraud or security issues. They include but may not be limited to:
Your information will be stored on secure databases which reside in Australia, and the USA. If you do not want your personal information being stored offshore, please do not submit personal information to us.
Sensitive information and health information
We do not usually collect sensitive information or health information about Project stakeholders. However, there may be situations where it is necessary to do so (for example, where a person has a health condition which may be affected by Project works).
Where we do need to collect sensitive information or health information, we will first obtain the consent of the individual concerned, although we are permitted to collect such information without consent in limited circumstances (for example, where collection is necessary to prevent or lessen a serious and imminent threat to life or health, or to establish or defend a legal claim).
Notification of collection
- We are required to take reasonable steps to ensure that individuals are given certain details when we collect their personal information. Those details are:
- who we are and how to contact us,
- the fact that the individual can access the information,
- the purposes for which the information is collected,
- the persons or types of persons to whom we would usually disclose information of that kind, any law that requires the information to be collected, and the main consequences for the individual if the information is not collected.
When we collect personal information directly from the individual, these details will be set out in a collection notice. A collection notice may include a:
- printed notice handed to, or on a form completed by, the individual,
- notification on the website through which information is collected, or
- recorded message played when information is collected by telephone.
Third parties who provide personal information to us are usually required to take reasonable steps to ensure that the individual concerned is made aware that their personal information may be provided to NELP.
Collection of information through our website
Cookies and web server logs
A cookie is a small data file placed on your hard drive by the web page server. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address. The cookie will remain on your computer as a record for future visits to this website. In using cookies, NELP and MTIA do not record any personal information or collect names or details of commercial transactions.
Google Analytics and Facebook pixel
NELP and MTIA use the services of third parties including Google Analytics and Facebook Pixel.
By using this website, you consent to the processing of data about you by third parties whose services NELP uses in the manner and for the purposes set out above.
Our website may contain links to other websites. We are not responsible for privacy of personal information submitted to or via any linked website.
We use both internally built survey software and third-party vendors for the collection, aggregation and analysis of some survey data.
They include, but may not be limited to:
If you do not want your personal information being stored offshore, you can decline to provide this information by not responding to these surveys.
Who do you contact to discuss privacy?
NELP may not be able to fulfil its functions without your personal information.
We encourage you to contact us should you have any privacy queries at:
North East Link Project
Level 13, 121 Exhibition Street Melbourne VIC 3000,
Please contact NELP (as above) if you wish to seek access to any personal information that NELP holds about you, if you wish to have your personal information corrected, or if you have a complaint about the way that NELP has handled your personal information. Also please check bigbuild.vic.gov.au/privacy for further details on how MTIA handles your personal information.