General Policy

AMS is required by law to comply with the provisions of the Privacy Act 1988.

Changes to the Privacy Act to come into effect on 21 December 2001 impose obligations on AMS to ensure 'personal information' is kept secure and private. Individuals will have a right to know the type of information that an organisation has on record about them, and they will have the right to correct any information that is wrong.

AMS will adopt the ten National Privacy Principles (NPP) outlined in Schedule 3 to the Privacy Act 1988 as outlined below.

A Privacy Officer will be appointed for the company to ensure that the NPPs and the company's policy in relation to privacy are being met and to act as a point of contact both within and outside the company on privacy matters including complaints.

What is Personal Information?

'Personal information' means information or an opinion which enables a person to be identified. Some personal information is classified as 'sensitive information' that relates to a person's race ethnicity religious beliefs, political opinion or membership, sexual preference, criminal record, health information, philosophical beliefs, or membership of a professional association, trade association or trade union.

Most of the 'personal information' held by AMS relates to information held on Directors, shareholders, employees, clients, suppliers and business contacts.

Employee records, where they relate to a current or former employment relationship, are exempt from the NPPs. Notwithstanding this AMS intends to apply the spirit of the NPPs wherever practicable.

National Privacy Principles

NPP1 - Collection of Personal Information

AMS will only collect personal information for a proper and lawful purpose in relation to the conduct of normal business activities.

Unless it is not practicable or reasonable to do so, AMS will collect personal information directly from the individual concerned.

AMS will take all reasonable steps to ensure that an individual is aware of the type of personal information being collected about them, the purpose for collecting the information and how the information can be accessed.

Where the information relates to unsolicited information provided to the company by business contacts (eg customers and potential customers, suppliers, contractors, business professionals and advisers), AMS will assume that the individual is aware of the information held by AMS and that the purpose of holding the information is for the possibility of transacting business with AMS.

NPP2 - Use and Disclosure of Personal Information

AMS will only use or disclose personal information for the primary purpose of collection. This means that in the normal course of business activities personal information may be lawfully disclosed or provided to third parties eg to the ATO, Superannuation Funds, Government Regulatory Bodies.

AMS will not use and disclose of personal information for any other purposes without the written consent from the individual or unless it comes within the listed exceptions (as outlined Schedule 3 of the Privacy Act 1988). Examples of exceptions include:

Direct marketing in specified circumstances.
To prevent a serious threat to life, health and safety.
In connection with unlawful activity and/or law enforcement.
It is permitted or required by law.

In relation to direct marketing purposes individuals will be given the opportunity to opt out of receiving any more marketing from the company.

NPP3 - Data Quality

AMS will take all reasonable steps to ensure the accuracy of personal information held.

NPP4 - Data Security

AMS will take all reasonable steps to:

NPP5 - Openness

AMS will make a copy of this policy available to all of its employees, Directors and shareholders. A copy will be provided to anyone who asks for it. An abbreviated form of the policy will be made available on the AMS website.

NPP6 - Access and Correction

Generally, AMS will give individuals the right to access all personal information held about them (see exceptions below). AMS will take all reasonable steps to provide access within 14 days of the request. No fee will be charged.

Schedule 3 of the Privacy Act 1988 outlines the circumstances where access may be denied and some examples include:

Serious or imminent threat to the life or health of any person.
Unreasonable impact on the privacy of others.
Frivolous or vexatious requests.
Permitted by the law.
Prejudicial to investigation of unlawful activity.

Where access is denied AMS will provide a reason for this.

AMS will take all reasonable steps to correct information about an individual where that information is not accurate, up-to-date and complete.

NPP7 - Identifiers

AMS will not adopt, use or unlawfully disclose any identifier assigned by a Commonwealth agency.

NPP8 - Anonymity

AMS recognises the right, where lawful and practicable, of individuals to interact anonymously when entering transactions with an organisation.

NPP9 - Transborder Dataflow

AMS will not transfer any personal information it holds to someone in a foreign country unless the individual concerned consents or the recipient is subject to a law, binding scheme or contract substantially similar to the NPPs.

NPP10 - Sensitive Information

AMS will not collect sensitive information unless the individual gives prior consent or the law requires it.

Enquiries, Requests and Complaints

The Privacy Officer will be the initial contact for all privacy matters. This includes making decisions, consistent with the NPPs and this policy, to grant or refuse access to personal information and to correct any information that is wrong.

Where an individual is not happy with a decision of the Privacy Officer, then the matter will be referred to the Managing Director for consideration. If the matter still cannot be resolved then the matter will be referred to the Privacy Commissioner.

An individual has the right to take any matter concerning privacy to the Privacy Commissioner at any time.