Privacy and legal

Accessibility

The Office of the eSafety Commissioner is committed to ensuring our website information is accessible to all users.

Contact options

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Further assistance

If we can assist you in any other way to access our information, please contact us for further assistance.

Privacy policy summary

Overview

The eSafety Commissioner is responsible for promoting online safety for all Australians.

This privacy policy summary outlines the key points about how the eSafety Commissioner and staff assisting her (‘the Office’) handles, manages and protects personal information.

The Office collects, holds, uses and discloses personal information to undertake the eSafety Commissioner’s functions and activities under the Enhancing Online Safety Act 2015, the Broadcasting Services Act 1992 and the Telecommunications Act 1997.

The Office handles information in accordance with our obligations under the Privacy Act 1988, the Freedom of Information Act 1982 and the Public Governance, Performance and Accountability Act 2013.

More information is available in the Office of the eSafety Commissioner’s main privacy policy.

Collection

The Office usually collects personal information (including sensitive information) from you or your authorised representative in order to undertake a regulatory action, such as assess a complaint or manage a report, or for activities consistent with a regulatory function.

The Office sometimes collects personal information from a publicly available source or third party, if permitted under legislation, if doing so enables us to better assess a complaint or perform another regulatory action.

Personal information may also be collected through the eSafety Commissioner’s website and our use of social networking services, such as Facebook, Twitter and YouTube. The Office uses this information to improve the eSafety Commissioner’s website, receive feedback from the community and increase engagement with you.

Use and disclosure

The Office only uses or discloses personal information for the purpose for which it was collected or in other permitted circumstances, such as where you consent for it to be used or disclosed for another purpose.

The Office will not disclose sensitive information about you unless you agree or in other limited circumstances, such as when the eSafety Commissioner is required or authorised by law.

The Enhancing Online Safety Act 2015 lets us provide your information to specific authorities without your consent in certain circumstances, including an authority of a foreign country responsible for regulating matters relating to the capacity of children to use social media services and electronic services in a safe manner.

You may also choose to engage with us through a social networking service or our website. The companies we use for these purposes may also store information overseas.

Access and correction

You can request access to the personal information the Office holds about you. We will provide you access in most circumstances.

You can request that the Office correct your personal information. We will take reasonable steps to correct the information we hold about you if we consider it inaccurate, out of date, imcomplete, irrelevant or misleading.

How to make a complaint

You can complain to the Office in writing about how we have handled your personal information. The Office will respond to your complaint within 30 days.

You can contact the Office of the eSafety Commissioner at:

Email: enquiries@esafety.gov.au
Number: 1800 880 176

Collection notifications

Collection Notification – Summary

The eSafety Commissioner is collecting your personal information for the purpose of assessing your image-based abuse report. This is consistent with a regulatory function we have under the Enhancing Online Safety Act 2015 that allows us to collect this information.

For more information on why we need this information and how we’ll handle it, please see our full collection notification. This also includes a link to our privacy policy and further information about our obligations under the Privacy Act 1988.

Collection notification—Enquiry to the eSafety Commissioner

The eSafety Commissioner and staff assisting her (‘the Office’) handle your personal information in accordance with our obligations and responsibilities under the Privacy Act 1988 (Privacy Act).

The eSafety Commissioner is collecting your personal information for the purpose of responding to your enquiry.

Your enquiry will be directed to the section of the Office that is best placed to assist you. We may contact you if we require additional information about your enquiry.

We will only use or disclose your information for another purpose with your consent or if permitted by the Privacy Act.

You may be asked to make a formal report before any personal information is disclosed to a third party for assistance.

If we need to disclose your information to another person or entity, including an overseas entity, we will usually discuss this with you first. The Enhancing Online Safety Act 2015 also lets us provide your information to certain authorities without your consent in certain circumstances.

We are also required to follow mandatory reporting requirements.

Please see our Privacy Policy for more information on:

  • the Privacy Act
  • requesting access to your personal information
  • requesting a correction to your personal information, and
  • how we deal with complaints about our handling of personal information.

If you have any questions, please contact us by emailing enquiries@esafety.gov.au or call 1800 880 176 .

Freedom of Information

The Freedom of Information Act 1982 (FOI Act) gives individuals a legally enforceable right of access to government documents, subject to specific exemptions. It applies to Australian Government ministers and most agencies.

The eSafety Commissioner is an agency for the purposes of the FOI Act.

Information Publication Scheme (IPS)

As part of our obligations under the FOI Act, we publish a range of information as part of our information publication scheme (IPS).

We also publish an agency plan that outlines how we will implement the IPS.

FOI disclosure log

We also publish a freedom of information disclosure log that lists the information we’ve released in response to FOI access requests, subject to exceptions.

How to make a request under the FOI Act

If you want to request access under the FOI Act to one or more of the documents we hold, your request must:

  1. be in writing
  2. state that the request is an application for the purposes of the Freedom of information Act 1982
  3. provide information about each document you are seeking to access to enable us to process your request, and
  4. provide a postal, email or fax address for us to reply to.

You can lodge your request via:

A third party can also make a request on your behalf, if you provide written authority.

Time for processing your request

We will notify you of our decision within a 30-day period commencing the day after we receive your request, unless that period is extended or suspended in accordance with the FOI Act.

Charges for processing your request

There is no application fee for an FOI request. The first five hours of decision making time are free for all applicants.

Charges may be imposed to reimburse the Office for the costs incurred in searching, copying, reproducing or sending the information contained in your request.

There are no processing charges for requests for access to documents containing only personal information about you.

The main charges are:

  • search and retrieval – $15 per hour
  • decision making – $20 per hour
  • photocopy – 10 cents per page
  • inspection - $6.25 per half hour.

If we do decide to impose a charge, we will notify you beforehand. You can also ask for the charge to be waived or reduced for certain reasons, including financial hardship or on the grounds of public interest. You can find more information on the Office of the Australian Information Commissioner’s FOI charges webpage .

Access to documents

We may refuse your request to access documents, if the document falls within a specific exemption in the FOI Act. This includes that disclosure would, or could reasonably be expected to, prejudice the conduct of an investigation into a possible breach of the law or have a substantial adverse effect on the proper and efficient conduct of eSafety Commissioner’s operations. We may also refuse access where the information is available to the public for a fee or other charge.

The eSafety Commssioner’s work in relation to offensive or illegal content under Schedule 5 and 7 of the Broadcasting Services Act 1992 is a specific exemption in the FOI Act.

Review of a decision

You can request in writing that we reconsider our decision through an internal review. An internal review will be conducted by another officer in our agency. We will advise you of the outcome of our review within 30 days of receiving your request.

Information Commissioner review

You can ask the Australian Information Commissioner to review our original decision or our decision on internal review within 60 days of the date of decision (or 30 days after you are notified if you are an affected third party). The Information Commissioner can affirm or vary the decision or substitute a new decision. The Information Commissioner may decide not to conduct a review in certain circumstances. More information is available at the Office of the Australian Information Commissioner (OAIC) .

Complaints

If you are unhappy with the way we have handled your request, you can complain to the Commonwealth Ombudsman who may investigate our actions.

Enquiries

If you have any enquiries about the FOI process, please contact us through enquiries@esafety.gov.au or an option on our contact page.

The eSafety Commissioner encourages the dissemination and exchange of information provided on this website.

The Commonwealth owns the copyright in all material produced by the eSafety Commissioner.

With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, the content of this website is licensed under the Creative Commons Attribution 4.0 International license.

Attribution

Material produced by the eSafety Commissioner and obtained from this website is to be attributed as:

© Commonwealth of Australia 2017

All other rights are reserved.

Disclaimer

This disclaimer is intended to be read in conjunction with use of this website.

The material on this website is general in nature. It is made available on the understanding that the Commonwealth is not thereby engaged in rendering professional advice.

Before relying on the material in any important matter, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes and should obtain any appropriate professional advice relevant to their particular circumstances.

The Commonwealth monitors the quality of the information available on this website and updates the information regularly. However, the Commonwealth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked site.

In some cases, the material may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of the Commonwealth, or indicate a commitment to a particular course of action.

Links to other websites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.