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Privacy Policy

Kells respects your privacy.

We are bound by the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). We are committed to upholding these principles in our business.

What information do we collect?

We only collect the information that we believe is reasonably necessary for us to provide services to you.  In order to provide quality legal advice to you, it is necessary for us to collect personal information about you, including, but not limited to your:

  • full name;
  • date of birth;
  • address;
  • contact details; and
  • occupation.

Personal information is essential information to assist us acting for you. If there is an issue with providing this information, please advise your solicitor or conveyancer and we can try to find an alternate arrangement. Unfortunately, due to the nature of our service, it is not reasonably practical for clients to remain anonymous or assume pseudonyms.

Depending on the type of matter, it may be necessary to collect sensitive information, such as:

  • racial or ethnic origin;
  • information about your political, philosophical and/or religious beliefs;
  • criminal records; or
  • health records.

This may be particularly necessary in criminal law, family law and personal injury matters.

We may also collect personal or sensitive information about individuals, who are not clients, as it may be necessary for our client's matter, or for the purpose of maintaining a business relationship with our referrers or prospects. When we do so, we will comply with the Australian Privacy Principles, particularly in relation to the solicitation of information.

We may also receive personal information about prospective employees, which may be provided to us by the individuals themselves, or by third parties such as recruitment agencies, previous employers, referees or providers of pre-medical assessments.

How is your information collected and held?

As much as we can, we will endeavour to collect information directly from you. Where that may not be practical, we may collect information about you from third parties, such as referrers.
We hold your information using a variety of electronic and physical security measures, including restricting access to our offices and the use of firewalls and security databases to secure personal information. We take reasonable steps to protect all personal information from misuse, loss, unauthorised access and disclosure, but cannot guarantee that the information will not be misused, lost, accessed or disclosed.

How we use your information?

We understand that your personal and sensitive information is strictly confidential and we are bound by professional obligations of confidentiality.

We only collect the information that we feel is necessary to provide appropriate legal advice and make educated decisions about the ways in which we can best serve you. In addition to providing legal advice and acting for you, we may also use your personal information to advise you about:

  • new or complementary services at Kells;
  • seminars or educational services; or
  • related areas of law.

Who has access to your information?

Our employees and related parties (including our service entities and employees) will have access to your personal and sensitive information.

We may also need to share your personal or sensitive information with other organisations. This may include barristers, specialists, experts and opposing parties.

Third party mail contractors and file archivists will also have access to your information during or at the end of your matter. Our file archivists have contractual obligations of confidentiality.

In the event that it is necessary to share personal information with an overseas organisation, we will obtain your consent and require that the overseas organisation protects the information to the same standard that we do.

What happens at the end of your matter?

At the end of your matter, your hard copy file will be either archived or securely destroyed and electronically archived. Original documents requiring retention will either be returned to you or placed into our safe custody, based on your direction. Your personal information will remain electronically accessible by our employees and service entities after the completion of your matter.
As mentioned above, we may use your information to keep you informed of other services offered by Kells and provide updates about changes in the law that may interest you.

Accessing and correcting your information

You have the right to access information we hold about you and suggest corrections, where applicable.
In accordance with the Australian Privacy Principles there are limited circumstances where we may not be able to provide you access to your information. If we deny your request for access we will explain the reasons why we have done so.

Please contact our Operations Manager at our Wollongong Office on (02) 4221 9311, email hbenge@kells.com.au, or write to PO Box 5364 Wollongong NSW 2520 to request access or corrections to your personal or sensitive information.

Comments, complaints?

If you would like to make a comment or wish to know more about the way we handle your personal or sensitive information please contact our Operations Manager.

If you wish to make a complaint please write to us. We will endeavour to respond within 30 days. If you are unsatisfied with our response you may then complain to the Office of the Australian Information Commissioner (OAIC). For more information please visit the OAIC website at www.oaic.gov.au.

Last updated : 12 March 2014