Privacy and personal information notification
Last published 09 Jan 2018
To protect your privacy, legislation is in place to make sure any personal information you provide to FACS Housing and other government agencies is handled responsibly.
Your personal information
This legislation includes the Privacy and Personal Information Protection Act 1998, which protects the general information you provide us and your privacy, and the Health Records and Information Privacy Act 2002, which protects your health records and information.
Under these Acts, FACS Housing has a legal obligation to notify you about how, why and when we will use your personal and health information.
What is personal information?
General personal information includes information relating to your tenancy with FACS Housing such as your:
- date of birth
- ethnic or racial origin.
What is health information?
Health information includes healthrelated information relating to your tenancy with FACS Housing such as your:
- physical or mental health, or disability
- health services you need or currently receive
- other information relating to a health service
How is my information used?
FACS Housing needs certain personal information about you to help manage your tenancy. We have a legal obligation to make sure your personal information is protected.
Who will see my personal information?
FACS Housing staff involved in managing your tenancy will see your personal information. If you make an appeal to the Housing Appeals Committee, any information related to your appeal matter will be sent to them.
In some instances, the legislation requires or enables FACS Housing to release personal information to other government agencies, including those involved in child wellbeing (prescribed bodies), health (NSW Health) and law enforcement (NSW Police Force). See prescribed bodies for more information.
If you apply to register for a mutual exchange (where one tenant exchanges their FACS Housing property with another tenant) you will be asked to agree to the release of personal information so that you can be contacted by other applicants for the purpose of the mutual exchange.
What if I change my mind about supplying FACS Housing with my personal information?
If you have already provided FACS Housing with personal information but no longer want that information used, you may write to your local office asking that your personal information not be used.
You must remember, however, that FACS Housing may be unable to deliver certain services to you if you withdraw the information needed for us to deliver you services.
What if my personal information changes?
Under legislation, you have a right to access and correct your personal information. To make changes to your personal information, contact your local office.
What if I want someone else to enquire to FACS Housing on my behalf?
If you intend to use a tenant group, advocate or another person to make enquiries about your tenancy, you will have to give them written permission. You will also need to obtain their written consent to act as your nominated representative. FACS Housing has developed a form to help you do this, which is available at your local office. In these cases, the written permission you provide only relates to you and no one else listed against your tenancy.
A prescribed body is any organisation specified in Section 248 (6), Children and Young Persons (Care and Protection) Act 1998 or in Clause 8, Children and Young Persons (Care and Protection) Regulation 2012.
‘Prescribed bodies’ under the legislation are:
- the NSW Police Force
- a government department or a public authority
- a government school or a registered non-government school or a TAFE college
- a public health organisation or a private hospital
- a private fostering agency or a private adoption agency
- agencies that provide residential child care centre or a child care service under the Act
- the Family Court of Australia (for the purpose of Section 248 but not Chapter 16A)
- Centrelink (for the purpose of Section 248 but not Chapter 16A)
- the Commonwealth Department of Immigration and Multicultural and Aboriginal Affairs (for the purpose of Section 248 but not Chapter 16A)
- any other organisation that has direct responsibility for, or supervision of, the provision of healthcare, welfare, education, children’s services, residential services, or law enforcement, to children.