Transport Certification Australia Limited (TCA) respects your right to privacy. We are bound by the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”) which came into effect on 12 March 2014. The APPs regulate most of our activities with respect to personal information collected, stored, used and disclosed by us.

For the purposes of the Privacy Act and this Privacy Policy:

personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a)   whether the information or opinion is true or not; and

(b)   whether the information or opinion is recorded in a material form or not.

The Privacy Act requires entities subject to the APPs (APP entities) to have a clearly expressed and up-to-date policy about their management of personal information (an APP Privacy Policy). This Privacy Policy serves as TCA’s APP Privacy Policy.

As required by the Privacy Act, this Privacy Policy is made available on TCA’s website (www.tca.gov.au). Further, TCA will take such steps as are reasonable in the circumstances to give a person or body a copy of this Privacy Policy in another form, upon request.

TCA is also subject to similar provisions in the Heavy Vehicle National Law Act 2012 (Qld) (also adopted in NSW, Victoria, Tasmania and South Australia) (“HVNL”) which regulate the handling of personal information collected for the purpose of the Intelligent Access Program (“IAP”). The HVNL also requires TCA to prepare, and make publicly available, a document setting out its policies on the management of personal information held by it.

Collection

TCA only collects personal information where it is reasonably necessary for one or more of TCA’s functions or activities.

TCA’s Constitution sets out the objects of TCA and the activities to achieve those objects. The HVNL sets outs the functions of TCA under that law with respect to the Intelligent Access Program (IAP). Current information on TCA’s functions and activities are available on its website (www.tca.gov.au).

Kinds of personal information collected

The personal information we collect generally includes your name, address, contact details (eg telephone numbers, email address) and other personal details (eg. position, occupation).

TCA collects the above details of representatives or contact people of companies, organisations and businesses that wish to deal with TCA or that TCA needs to deal with in the course of TCA’s business.

Additionally, TCA collects some of the above details from individuals who subscribe via our website to news alerts or other campaigns from time to time. Such individuals may be subscribing as representatives of companies, organisations and businesses dealing with or interested in the work of TCA or as individuals for their own reasons.

Additionally, TCA collects IAP information, which may include personal information, from IAP Service Providers to perform its functions under the HVNL, which includes auditing IAP Service Providers and their telematics systems approved by TCA for use in the IAP. IAP information is generated, recorded, stored, displayed, transmitted or reported by such telematics systems for monitoring the compliance of transport operators’ vehicles with enhanced access conditions issued by Road Managers or the National Heavy Vehicle Regulator under the HVNL.

How TCA collects personal information

TCA generally collects personal information directly from the individuals concerned such as when you provide your details to us on our website or at exhibitions, information sessions or other events or from letters, emails and other communication received from you.

Sometimes, TCA may collect personal information indirectly from another person such as when a person filling out an application form on behalf of a company, organisation or business for a particular service from TCA, nominates you as a contact person in relation to the application. In these circumstances, it is reasonable for TCA to assume that your consent was obtained by the person or the company, organisation or business filling out the form.

Notification of collection

When TCA collects personal information as part of an application or subscription for a product or service, it will take reasonable steps in the circumstances to provide a statement setting out the purpose of collecting the personal information, how it will be used and/or disclosed, how the individual can request access to it and such other matters required by the Privacy Act.

Use and Disclosure

TCA uses personal information collected from you for the primary purpose for which it was collected which is to enable us to provide you or your organisation with specific services offered by TCA (or information regarding such services) as requested by you or your organisation, or where you have subscribed to our news alert service, to contact you with information and details relating to TCA activities, project development, media releases and invitations to events or functions.

Personal information about you collected from you or your organisation for the above purposes may need to be disclosed by TCA to third parties that assist TCA to provide the services or service requested. Such third parties include consultants and contractors that assist TCA with its activities of Advice, Accreditation and Administration services and, in the case of news alerts, email distribution platform providers. These third parties are generally based in Australia and are subject to strict confidentiality obligations to TCA as well as, in most cases, the APPs.

TCA may use or disclose your personal information for a purpose other than the primary purpose for which it was collected (ie a secondary purpose) where permitted under the APPs such as where we have obtained your consent or the use or disclosure is required or authorised by or under an Australian law or a court/tribunal order.

With respect to IAP information, which may include personal information, its use and disclosure is tightly regulated under the HVNL. Penalties apply to misuse and unauthorised disclosure of IAP information under the HVNL.

Data Quality

TCA will take all reasonable steps to ensure that personal information that it collects, uses or discloses is accurate, complete, up-to-date and relevant.

Data Security

TCA takes a high degree of care to ensure that personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

TCA prides itself on the security of its data security systems, networks and procedures. TCA's management systems are certified to ISO 27001, which represents international best practice in managing information security. All TCA systems, networks and databases are protected by restricted access protocols such as passwords and layered access, firewalls, and anti-spam and anti-virus software. TCA’s office premises which houses personal information is protected by restricted access (e.g. swipe cards), security cameras and alarms.

Access and Correction

Access

Where TCA holds personal information about an individual, we will on request by the individual, give the individual access to the information. TCA will respond to the request for access within a reasonable period. TCA may charge the individual for any reasonable costs incurred by it in complying with the request.

TCA may refuse an individual’s request for access to their personal information in certain circumstances permitted by the Privacy Act. Where TCA refuses a request from an individual to access their personal information as held by TCA, TCA will notify the individual in writing of the refusal and the reasons for the refusal (unless it would be unreasonable to do so in the circumstances) and how the individual can complain about the refusal.

Correction

TCA will correct an individual’s personal information if it is satisfied that the personal information is inaccurate, out of date, incomplete, irrelevant or misleading or upon the request of the individual.

Where TCA refuses a request from an individual to correct their personal information as held by TCA, TCA will notify the individual in writing of the refusal and the reasons for the refusal (unless it would be unreasonable to do so in the circumstances) and how the individual can complain about the refusal.

IAP information

In addition to the above, where an individual requests access to their personal information included in IAP information, TCA will only provide access to the personal information to the extent that it is permitted to do so under the HVNL.

To maintain the integrity of IAP information for regulatory use, it is not possible for TCA to correct personal information contained within such information upon the request of an individual. TCA will, however, make a note of the correction request to accompany the IAP information.

How to contact us

If you would like to request access to or correction of your personal information or have any queries regarding this Privacy Policy or TCA’s management of privacy, you can:

  • Write to us at Level 6, 333 Queen Street Melbourne Victoria 3000
  • Phone us on 03 8601 4600
  • Email us at [email protected]

Changes to our Privacy Policy

TCA may change this Privacy Policy from time to time. Changes will be notified by publishing them on our website.