Privacy Policy

Transport Certification Australia Limited (TCA) respects your right to privacy. We are bound by the Australian Privacy Principles (“APPs”). The APPs regulate most (but not all) of our activities with respect to personal information collected, stored, used, and disclosed to / by us.

For the purposes of the APPs and this Privacy Policy, personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

The APPs require 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). The within Privacy Policy serves as TCA’s APP Privacy Policy.

As required by the APPs, this Privacy Policy is made available on TCA 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.

Please note that TCA is also subject to 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 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. This Privacy Policy is a statement of TCA’s policies for that purpose also.

TCA, as a subsidiary of Austroads Ltd. may disclose or receive personal information to/from Austroads. Austroads is also subject to the APPs and maintains a Privacy Policy on its website at www.austroads.com.au.

Collection

TCA only collects information where it is reasonably necessary for one or more of the company functions or activities.

TCA’s Constitution sets out the objects of TCA and the activities to achieve those objects. The HVNL sets out 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 at www.tca.gov.au.

Information Collected by TCA

TCA collects three types of information:

• Personal information collected for general purposes
• Personal information collected in relation to the Intelligent Access Program
• Personal information collected in relation to telematics applications and schemes (other than the Intelligent Access Program).

Personal information collected for general purposes

The personal information we collect for general purposes include an individual’s name, address, contact details (e.g., telephone numbers, email address) and other personal details (e.g., position, occupation).

TCA collects the above details of employee, representatives or contact people of companies, organisations and businesses that wish to deal with TCA or that TCA needs to deal with during 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.

Personal information collected in relation to the Intelligent Access Program

TCA collects Intelligent Access Program information, which may include personal information, from IAP Service Providers to be able to perform its functions under the HVNL, which includes certifying and auditing IAP Service Providers.

Personal information, and information collected through the IAP, have specific meanings in the HVNL.

Intelligent access program information is defined as:

Information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system for any purpose relating to the Intelligent Access Program.  

Personal information is defined as:

Intelligent Access Program information or otherwise collected for the purposes of the Intelligent Access Program.

Personal information collected in relation to telematics applications other than the Intelligent Access Program

TCA collects information, which may include personal information, from service providers associated with other telematics applications of the National Telematics Framework.

Telematics application information is generated, recorded, stored, displayed, transmitted, or reported by service provider telematics systems for monitoring transport operators’ vehicles based on operating conditions issued by authorities.

Collection and Notification of Personal Information

Personal information collected for general purposes

TCA collects personal information for general purposes directly from the individuals to whom it relates, when they provide their details to us when making a submission for registration, certification, or type-approval, on our website or at exhibitions, information sessions or other events or from letters, emails and other communication received from them.

When collecting personal information for general purposes, TCA 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 APPs.

TCA may collect personal information about an individual 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 them as a contact person in relation to the application. In these circumstances, it is reasonable for TCA to assume that their consent was obtained by the person or the company, organisation or business filling out the form.

Personal information collected in relation to the Intelligent Access Program

TCA collects personal information in relation to the Intelligent Access Program whenever a transport operator enrols a vehicle to participate in the Intelligent Access Program.

Notification of the collection of personal information in relation to the Intelligent Access Program is explained in the IAP Service Provider/Transport Operator Agreement is collected, which is entered into by transport operators who enrol vehicles into the Intelligent Access Program.

Personal information collected in relation to telematics applications other than the Intelligent Access Program

TCA collects personal information in relation to telematics applications other than the Intelligent Access Program whenever a transport operator enrols a vehicle in the Road Infrastructure Management (RIM) application and the Telematics Monitoring Application (TMA).

Enrolment in these applications is managed by Application Service Providers (ASPs) registered or certified by TCA, who share enrolment information with TCA.

Notification of the collection of personal information in relation to telematics applications other than the Intelligent Access Program is explained in the ASP/Transport Operator Agreement is collected, which is entered into by transport who vehicle vehicles into applications other than the Intelligent Access Program.

Use and Disclosure of Personal Information

Personal Information Collected for General Purposes

TCA uses personal information collected for general purposes for the purpose for which it was collected. This may include information and details relating to TCA activities, project development, media releases and invitations to events or functions.

Personal information about an individual collected from the individual or their 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 the services that TCA provides and, in the case of news alerts, email distribution platform providers. These third parties are generally based in Australia, whether based in Australia or overseas, and are subject to strict confidentiality obligations to TCA incorporating the requirements of the APPs.

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

Personal Information Collected in Relation to The Intelligent Access Program

The use of disclosure of personal information collected in relation to the IAP, is highly regulated by the provisions of the HVNL.

Personal information collected in relation to the Intelligent Access Program is shared with the IAP Service Provider nominated by the transport operator, and the National Heavy Vehicle Regulator (NHVR).

TCA may use and disclose personal information collected in relation to the Intelligent Access Program only as permitted under the APPs and Chapter 7 (Intelligent Access Program) of the HVNL. Penalties apply to misuse and unauthorised disclosure of IAP information under the HVNL.

Personal Information Collected in Relation to telematics Applications other than the Intelligent Access Program

The use and disclosure of personal information collected in relation to telematics applications other than the Intelligent Access Program described by the contractual agreements which operate between the following entities:

• TCA and the ASP  (or combined transport operator-ASP)
• ASP and the transport operator (as applicable).
• TCA may use and discloses personal information collected in relation to telematics applications other than the Intelligent Access Program in accordance with the terms of the above contractual agreements.

Regulatory and Enforcement Proceedings

TCA will not of its own accord release to any enforcement authority personal information which is contained within either IAP Information or information relating to other telematics applications but will comply with any order to do so issued by a Court or other regulatory body with power to compel release.

Data Management

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

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.

Access and Correction of Personal Information

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 APPs. Where TCA refuses a request from an individual to access their personal information, 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 provide information on 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.

TCA may refuse a request from an individual to correct their personal information circumstances permitted by the APPs. Where TCA refuses a request from an individual to correct their personal information, 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 provide information on how the individual can complain about the refusal.

IAP Information

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 Transport Certification Australia, Level 17, 360 Elizabeth Street, Melbourne, Victoria 3000

• Phone us on 03 8601 4600
• Email us at [email protected]

Changes to the Privacy Policy

TCA reserves the right to update its Privacy Policy from time to time. Changes will be notified by publishing them on our website.