As our business is defined as “a company”, it is required to comply with the Act.

Lucas Earthmovers is covered by the 10 National Privacy Principles (NPP), as set out in the Privacy Act 1988 (amended by the Privacy Amendment (Private Sector) Act 2000).

The Company recognises the importance of protecting personal information, which it may be required to collect from individuals who become associated with its business. The purpose of this Policy is to ensure that any individual who provides information to an authorised third party is protected according to the requirements of the Privacy Amendment Act (Private Sector) 2000.

For the purpose of this Policy, “information” is described as:

“Personal information” means information relating to an individual, including an opinion, which may by provided to an authorised third party as part of its day to day business activities either in material form or not, and whether true or not. Such information may personally identify an individual or make the person’s identity reasonably apparent.

“Sensitive information” means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual practices, criminal record or health information.

Lucas Earthmovers takes it obligations under the Privacy Act seriously, and as such, will take all reasonable steps in order to comply with the Act and protect the privacy of personal information that it holds.

Collection and Use of Information

Lucas Earthmovers may require the collection of personal information from individuals to enable it to provide authorised contractual or personal information for legitimate business or legal purposes. The reasons for the collection of personal information include, but are not limited to:

• Taxation matters
• Child Support matters
• Banking or related financial institutional matters
• Matters relating criminal or police investigations
• Superannuation matters
• Wills and beneficiaries
• Other duly authorised matters

Storage, Access and Retention of Personal Information

All personal information collected by the Company will be retained as part of a database, which will be securely monitored and maintained by staff in the Human Resources and Administration departments. The data will not be made available to a third party, unless it is legally required and verified, without the authority of the individual who provided the personal information.

The Company will make available for inspection all personal information, based on the information supplied by the individual, that it holds in relation to an individual, provided reasonable notice is given. In the event that any part of the personal information that the individual inspects is determined to be incorrect and requires alteration then a duly authorised staff member will make such alteration in compliance with the corrected advice provided by the individual.

Lucas Earthmovers will take all reasonable steps to protect the security of the personal information that it holds. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.

Where information held by the Company is no longer required to be held, and the retention is not required by law, then a duly authorised staff member will destroy such personal information by a secure means.

Compliance

If an individual has any concerns regarding the privacy of personal information, then the individual may make a compliant to the Managing Director (Responsible Officer) who will then endeavour to resolve the compliant.

Sources of Information

Where possible, the Company will collect the information directly from individuals, customers and clients. In some instances, a authorised agent acting on behalf of the Company may collect personal information from press reports or published mediums, in the case, it will endeavour to verify such details with the person concerned.

Lucas Earthmovers acknowledges that there is no obligation for an individual to provide it with personal information. However, if an individual chooses not to provide the Company with personal details, it may not be able to provide the individual with a full range of services or reduce the ability of servicing the individual’s organisation direct.

Should any employee require further information in relation to privacy, please visit www.privacy.gov.au.

Collection Statement

In order to comply with the new privacy laws, organisations are required to provide specific information to an individual at the time the personal information is collected. An organisation must take reasonable steps to ensure that the individual is aware of this information, whether or not an individual requests it. The individual must also be told who is collecting the information, the reason for collecting it and how to directly contact the Privacy Officer.

The Purpose of the Collection

Lucas Earthmovers may require the collection of personal information to satisfy the needs of the organisation. The reasons for the collection of the personal information include, but are not limited to:

• Taxation matters
• Child support matters
• Banking and financial institutional matters
• Legal matters
• Workers Compensation matters
• Superannuation matters
• etc

Lucas Earthmovers may also collect the information for the provision of tendering for work or contractual matters, unless a specific request in writing is provided detailing what is not required.

Lucas Earthmovers may need to give personal information to other organisations to comply with its legal obligations, such as auditors, legal advisers and the Australian Taxation Office [or any other relevant organisations].

Disclosure to an Organisation

Lucas Earthmovers may disclose personal information, for the purposes set out above, to any of its subsidiaries, branches, franchises or legally related companies, agents, dealers or contractors.

The Company acknowledges that there is no obligation for an individual to provide it with personal information. However, if an individual chooses not to provide the Company with personal details, it may not be able to provide the individual with a full range of services or reduce the ability of servicing the individual’s organisation direct.

Access Rights and Contact Details

The Privacy Act 1988 (amended by the Privacy Amendment (Private Sector) Act 2000) provides the right to access personal information held by the Company. If the information is inaccurate, a request can be made to correct it.

Further information can be obtained by contacting:

The Human Resources Manager, Privacy Officer,
Lucas Earthmovers
PO Box 150, BRIGHTON SA 5048
PH: 08 8179 4000.

D Lucas, Managing Director