Privacy Statment

While adhering to the legislative requirements of the Information Privacy Act 2009, the Mental Health Review Tribunal (Tribunal) also manages information in line with the requirements set out under the Mental Health Act 2016 (Act). In particular, information the Tribunal collects in relation to hearings it conducts will be handled in accordance with the Act.

The Act may require or permit personal information to be disclosed to third parties, including, but not limited to, Queensland Health, the Department of Justice and Attorney General, Authorised Mental Health Services and the Mental Health Court. Information may also need to be disclosed to other parties of a hearing. Section 778 places a strict obligation of confidentiality on Tribunal staff and members. Sections 790 and 791 of the Act prohibit publication of reports of Tribunal proceedings and the identification of parties to proceedings in the Tribunal, unless the Tribunal has granted leave for such publication. The Tribunal may disclose your personal information to your legal representative.

Personal information, other than information collected for the purpose of hearings, including information about your name, email address, address and telephone number may be collected. We are committed to maintaining the confidentiality of your information and will only use your information for the purpose specified. It will otherwise not be used or disclosed unless authorised or required by law. Your personal information will also be handled in accordance with the privacy principles set out in the Information Privacy Act 2009. For more information, see Requesting Records and our Policy - Information Access.

The Tribunal’s premises at 53 Albert Street, Brisbane are protected by closed circuit television (CCTV). The Tribunal is committed to ensuring that personal information collected is managed in accordance with the Information Privacy Act 2009.

There is 24-hour video surveillance in the Tribunal reception on Level 16 at 53 Albert Street. Video cameras are only used in the areas specified.

CCTV is used to deter any form of aggressive, harmful or unlawful behaviour and to help identify individuals where necessary. Should an incident occur, the recordings may be provided as evidence to law enforcement authorities (such as the police) to assist with investigations or enquiries. CCTV and video footage are not used to monitor worker performance.

The images the cameras record are securely stored as digital files within the CCTV software, which are only accessible to authorised staff within the Tribunal. These files are stored on the system for ninety days or until overwritten unless otherwise required by law enforcement authorities. Controlled access to the secured footage is strictly maintained. Copies of recordings will not be made for other purposes unless permitted or required by law.

The Tribunal acknowledges that under the Human Rights Act 2019 individuals have a right of Freedom of Privacy and Reputation and the collection, storage and use of information will be managed in accordance with the Act, Information Privacy Act 2009, the Right to Information Act 2009 and the Human Rights Act 2019.

Cookies

Cookies are a text file that a website can transfer to your computer when you access information on that site. Cookies allow websites to recognise you as you browse their website.

The Tribunal uses Google Analytics to gather statistics about how its website is accessed and to ensure that the website is functional and accessible to members of the public. Google Analytics uses cookies to gather information for the purposes of providing statistical reporting.

The information gathered by the cookie about your use of the website will be transmitted and stored by Google on servers located outside of Australia. No personally identifying information is recorded or provided to Google.

Information gathered using the Google Analytics cookie includes:

• the number of visitors to the Tribunal’s website
• how visitors arrive at the Tribunal’s website, for example, did they type the address in directly, follow a link from another webpage, or arrive via a search engine?
• the number of times each page is viewed and for how long time and date of visit the device used to access the Tribunal website (for example mobile phone or laptop)
• geographical location (city) of the visitor
• information about what browser was used to view the Tribunal’s website and the operating system of the computer
• information about whether the browser supports Java and Flash
• the speed of the user's internet connection.

As the Tribunal operates a Queensland Government website, email correspondence sent through the site will be treated as public record and will be retained as required by the Public Records Act 2002 and other relevant legislation.

Your name and address will not be added to a mailing list and we will not disclose these details to third parties without your consent or unless required or authorised by law. However, email messages may be monitored by authorised information technology staff for purposes such as system troubleshooting and maintenance.

The Right to Information Act 2009 and the Information Privacy Act 2009 provide a right to request access to information held by the government unless, on balance, it would be contrary to the public interest to release the information.

If you wish to make an application to access or amend your personal information, or to request information under the Right to Information Act 2009, you can visit the Tribunal's Requesting Records for further instructions and information.