Introduction

Hilton Family Law Pty Ltd (Hilton Family Law) is a legal practice. We take privacy seriously and are committed to protecting personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, where they apply to our practice.

This Privacy Policy explains how we collect, hold, use, disclose, protect, access and correct personal information in connection with the legal services we provide.

Personal Information

Personal information generally means information or an opinion about an identified individual, or an individual who is reasonably identifiable. Sensitive information includes information such as health information, racial or ethnic origin, political opinions, religious beliefs, professional or trade association membership, sexual orientation or practices, criminal record and other categories recognised by privacy law.

Personal Information We Collect and Hold

We collect and hold personal information that is reasonably necessary for us to provide legal services, manage client matters, comply with our professional obligations and operate our practice.

• name, address, date of birth and contact details;

• identity documents and information needed to verify your identity;

• information about your family circumstances, relationships, children, parenting arrangements and property matters;

• financial information relevant to family law proceedings or advice, such as assets, liabilities, income, expenses, superannuation and business interests;

• health, safety, family violence, risk and welfare information where relevant to your matter;

• court documents, correspondence, instructions, evidence and records relating to your matter;

• billing, payment and account information; and

• information about other people involved in your matter, including former partners, children, relatives, witnesses, experts and other advisers.

How We Collect Personal Information

We usually collect personal information directly from you, including when you contact us, attend a consultation, provide instructions, complete forms, send documents or communicate with us by phone, email, videoconference, online enquiry or in person.

We may also collect personal information from other sources where it is lawful and reasonable to do so, including courts and tribunals, other lawyers, barristers, mediators, experts, government agencies, financial institutions, accountants, medical or counselling providers, schools, family members, witnesses and publicly available sources.

Consequences of Not Providing Personal Information

You are not required to provide personal information to us. However, if you do not provide information we need, we may be unable to assess your enquiry, give legal advice, act for you, comply with court requirements, verify your identity, manage conflicts of interest or meet our professional and legal obligations.

How We Use and Disclose Personal Information

We use personal information primarily to provide legal services, respond to enquiries, open and manage client files, give advice, prepare documents, represent clients, brief counsel or experts, conduct negotiations, participate in dispute resolution, comply with court or tribunal processes, issue invoices and manage our practice.

We may disclose personal information where reasonably necessary for these purposes, including to courts and tribunals, other parties and their lawyers, barristers, mediators, family consultants, experts, accountants, valuers, process servers, government agencies, technology providers, insurers, professional advisers and service providers who help us operate our legal practice.

We may also use or disclose personal information where you consent, where it is required or authorised by law, where it is necessary to protect safety, where it is necessary to establish, exercise or defend legal rights, or where another permitted general situation under privacy law applies.

Legal Professional Obligations

As a legal practice, we are subject to duties of confidentiality, legal professional privilege and professional conduct obligations. We handle client information consistently with those obligations. This Privacy Policy does not require us to disclose information where doing so would breach legal professional privilege, a duty of confidentiality, a court order or another legal or professional obligation.

Storage and Security

We may hold personal information in electronic systems, email accounts, document management systems, practice management software, secure cloud services and hard copy files. We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification and disclosure.

We retain personal information for as long as necessary for the purposes for which it was collected, including to provide legal services, comply with professional and legal record-keeping obligations, resolve disputes and manage risk. When personal information is no longer required, we will take reasonable steps to destroy it or permanently de-identify it, unless we are required or permitted to retain it.

Overseas Disclosure and Service Providers

Some of our technology, storage, administration or professional service providers may store or access information from outside Australia. Where we disclose personal information to overseas recipients, we will take reasonable steps to ensure the recipient handles the information consistently with applicable privacy obligations, unless an exception applies.

Artificial Intelligence and Technology Tools

We may use secure technology tools, including tools with artificial intelligence functionality, to assist with administrative, research, drafting or practice management tasks. We will take reasonable steps to ensure that any use of such tools is appropriate, secure and consistent with our privacy, confidentiality and professional obligations.

Access and Correction

You may request access to, or correction of, personal information we hold about you. We will respond within a reasonable period and will take reasonable steps to provide access or make corrections where required. In some circumstances, we may refuse access or correction, including where providing access would breach confidentiality, legal professional privilege, a court order or another legal obligation, or where an exception under privacy law applies.

Data Breaches

If we become aware of a data breach, we will assess the breach and take reasonable steps to contain it, reduce the risk of harm and determine whether notification is required under the Notifiable Data Breaches scheme. Where required, we will notify affected individuals and the Office of the Australian Information Commissioner.

Complaints and Further Information

If you have questions about this Privacy Policy, wish to request access or correction, or want to make a privacy complaint, please contact Hilton Family Law using the contact details provided by the practice.

We will consider privacy complaints promptly and aim to respond within a reasonable period. If you are not satisfied with our response, you may be able to contact the Office of the Australian Information Commissioner.