This policy explains how PWB Lawyers collects and handles personal information. It applies to enquiries, our legal work and the operation of our website and business.
Personal information is information or an opinion about someone who is identified, or can reasonably be identified. In family law, that can include information about clients, their children, former partners and other people involved in a matter.
Our handling of information is subject to the privacy laws that apply to us and our professional duties as lawyers. You can contact us about this policy, request access to information or raise a privacy concern using the details below.
Information we collect
The information we need depends on the reason for our contact. It may include:
Names, dates of birth, contact details and information needed to verify identity.
Relationship and family details, including information about children and their care.
Financial information, such as income, assets, debts, superannuation, business interests and financial records.
Instructions, correspondence, court documents, agreements, reports and other material relevant to legal advice or proceedings.
Billing and payment information.
Details supplied by referrers, service providers or people applying to work with us.
Some matters involve sensitive information, including health information, racial or ethnic origin, sexual orientation or criminal records. We collect sensitive information where it is reasonably necessary for our work and we have the relevant person’s consent, or where collection is otherwise permitted or required by law.
We seek only the information reasonably needed for the purpose. Please do not send identity documents, detailed financial records or other sensitive material with an initial website enquiry. We can discuss what is needed and how to provide it after checking whether we can act.
How we obtain information
Information may be provided through our website, by telephone or email, in meetings, on intake forms or during our work on a matter.
We may also receive relevant information from a client about another person, or from an authorised representative, referrer, another lawyer, a court, government agency, financial institution, expert or publicly available source. Collection from another source must have a lawful basis; this policy does not authorise access to private records.
Where required, we explain why we are collecting information and how it will be handled. If we receive information we did not request, we assess whether we could lawfully have collected it. If not, we destroy or de-identify it where it is lawful and reasonable to do so.
You can make a general enquiry without identifying yourself where that is lawful and practicable. We ordinarily need names and other relevant details to check whether we can act and provide legal services. Without necessary information, we may be unable to answer an enquiry, accept instructions or continue particular work.
Why we use information
We use personal information to assess enquiries and conflicts of interest, provide legal advice, carry out instructions and manage matters. It is also used to arrange appointments, communicate with those involved, issue accounts, administer the firm, consider job applications, handle complaints and meet legal or professional obligations.
We use or disclose information for the purpose for which it was collected, or another purpose permitted by law. Where consent is required for a different use or disclosure, we seek it. The fact that information has been supplied to us is not permission to use it for any purpose.
Who may receive information
Information may need to be disclosed in connection with our work. Depending on the matter and the lawful purpose, recipients may include:
Barristers, other solicitors, experts, valuers, mediators or interpreters engaged in the matter.
Courts, tribunals, government agencies, regulators, other parties and their legal representatives.
Financial institutions or other organisations involved in implementing an agreement, order or transaction.
Providers supporting our IT, website, communications, records storage, accounts and business administration.
Our professional advisers, insurers and auditors, where relevant.
Disclosure is limited to what is appropriate for the purpose and permitted by our legal and professional obligations. A referral to a finance provider or another service does not, by itself, authorise us to send that provider a client’s file.
Our duties of confidentiality and any applicable legal professional privilege continue to apply. There are circumstances in which disclosure is authorised or required by law. An access request from one person does not automatically entitle them to confidential information about someone else.
Identity checks and legal obligations
Certain services are subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules. Where those requirements apply, we may need information to verify identity, understand ownership or control of an entity, or establish the source of funds or wealth.
Relevant information may be used for required checks, record keeping and reporting, including disclosure to AUSTRAC where required. In some circumstances the law restricts what we can disclose about those activities. These requirements do not mean that every family law enquiry requires the same information or checks.
Website enquiries and safe contact
Our first appointment request form is provided through Smokeball, our practice management system. It collects initial information about you and the people involved in your matter so we can check whether we can act. Information submitted through this form is processed through Smokeball.
Submitting this form does not mean we have agreed to act. An appointment request is not a confirmed booking.
If an email address, phone number or voicemail is not safe to use, tell us when making contact. If your circumstances or preferences change, contact the office to update them. Consider who else can access a device, email account or telephone before providing sensitive information.
If you are referring someone, obtain their permission before providing their details. Initially, provide your name and the name of the person being referred. Please wait until we have checked whether we can act before sending confidential background or documents.
Website hosting and analytics
Our website is hosted by Framer, whose services are hosted in the United States. Website administration may also require access by the service providers who maintain the site for us.
Framer’s built-in analytics provide information about website use, such as pages visited, referral sources and browser or device type. Framer describes this analytics service as cookieless and not using persistent identifiers to track individual visitors. This does not mean that information entered in our first appointment request form is anonymous. Further information is available in Framer’s privacy statement.
Other websites linked from this site have their own privacy arrangements. Check those arrangements before providing personal information to them.
Information handled overseas
Using overseas-hosted services can mean that personal information is stored or processed outside Australia. The United States is a relevant location for our website provider.
Information may also need to be sent overseas where a particular matter requires it, for example to an overseas lawyer or organisation. We consider the applicable privacy and confidentiality requirements before doing so, including safeguards required for overseas disclosures. This policy is not a request to waive protections that would otherwise apply.
Storage, security and retention
We hold information in electronic and paper records. We take reasonable steps to protect it against loss, misuse, interference and unauthorised access, alteration or disclosure. The measures need to reflect the sensitivity of the information, the systems involved and who needs access.
No system can guarantee complete security. If a suspected data breach occurs, we assess it, take appropriate steps to contain and address it, and notify affected people and the relevant regulator where the law requires.
Retention periods depend on the information and its purpose. Legal files, accounting records and compliance records may have different requirements. Closing a matter, declining an enquiry or receiving a deletion request does not necessarily allow all records to be destroyed immediately. We take reasonable steps to destroy or de-identify information when it is no longer needed for a permitted purpose and there is no legal requirement to retain it.
Accessing or correcting your information
Contact us if you would like access to personal information we hold about you, or believe it needs correcting. Explain what information you are seeking or what is inaccurate. We may need to verify your identity or an authorised representative’s authority before responding.
We consider requests within a reasonable period and provide access in the requested form where it is reasonable and practicable. Access may be limited where the law permits or requires this, including to protect another person’s privacy or confidential or privileged material. Where access is refused, we provide the reasons and complaint options in writing, except to the extent the law permits reasons to be withheld.
There is no charge to make an access request. If a lawful, reasonable charge for providing access is proposed, we explain it beforehand.
We take reasonable steps to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading for the purpose for which it is held. There is no charge to request or make a correction. If we do not make a requested correction, we explain why in writing and how to complain. You can ask us to associate a statement of your disagreement with the record. Where applicable, you can also ask us to notify another organisation to which we disclosed information that has since been corrected.
Privacy questions and complaints
Please contact PWB Lawyers and ask for a director to address a privacy enquiry or complaint:
Email: pwb@pwb.com.au
Telephone: (03) 6235 1111
Post: GPO Box 406, Hobart TAS 7001
Office: Level 1, 57 Elizabeth Street, Hobart TAS 7000
Describe the concern and the outcome you are seeking. We will acknowledge the complaint, consider the relevant information and respond within a reasonable period. If further information or time is needed, we will explain that.
If the concern is not resolved, you can contact the Office of the Australian Information Commissioner about complaints within its jurisdiction. The OAIC generally asks that you first raise the complaint with the organisation and allow it a reasonable opportunity to respond, usually 30 days.
Copies and updates
You can request a copy of this policy free of charge. Let us know if you need it in another accessible form. We may update the policy as our practices or legal obligations change. The current version will be available on this page.