Who We Are
Anew Law ("we", "us", "our") is a legal practice based on the Gold Coast. We hold a great deal of personal information about the people we act for and about others connected with their matters, and we take the protection of that information seriously.
This policy explains what personal information we collect, why we collect it, who we give it to, how we protect it, and what you can do if you want to see it, correct it or complain about how we have handled it.
We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and we apply this policy to all personal information we handle whether or not the Privacy Act strictly requires it.
Our obligations as lawyers go further than privacy law. We owe our clients a professional duty of confidentiality, and most communications between a client and this firm are protected by legal professional privilege, which belongs to the client, not to us. Where those duties are stricter than this policy, they prevail.
Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.
The Information We Collect
What we collect depends on why you are dealing with us. It commonly includes:
Contact and identity details — name, former names, date of birth, residential and postal address, email, telephone numbers, occupation, and copies of identity documents such as a passport or driver licence.
Financial information — bank account details, source of funds and, in higher-risk matters, source of wealth; income, assets and liabilities where relevant to your matter; and billing and payment records.
Matter information — everything you tell us and everything we obtain about the subject of your matter, including documents, correspondence, file notes and advice.
Information about other people — for example other parties, witnesses, beneficiaries, family members, employees, directors and beneficial owners.
Website and system information — as described under Our website below.
Depending on the matter we may need information that attracts extra protection under the Privacy Act — for example health and medical information, criminal record, racial or ethnic origin, political or religious beliefs, sexual orientation, membership of a professional or trade association, or biometric information. We collect sensitive information only where it is reasonably necessary for our work and where you have consented or the law otherwise permits it. By instructing us in a matter that requires it, you consent to us collecting, using and disclosing sensitive information for the purposes described in this policy.
How We collect it
Wherever it is reasonable and practicable, we collect personal information directly from you — in conferences, by telephone, by email, through this website, or in the documents you give us.
We also collect information from others where it is necessary for your matter or where you would reasonably expect it, including from:
- other parties and their lawyers, and barristers, experts, agents and investigators we engage;
- courts, tribunals, government agencies and public registers — for example ASIC, the Titles Registry, PPSR, AFSA and the Australian Business Register;
- identity verification providers, where we verify your identity electronically. Where verification uses credit reporting information, we will ask for your consent first;
- banks, financial institutions, accountants, brokers and other advisers acting for you; and
- publicly available sources.
If we receive personal information we did not ask for and could not have collected under the APPs, we will destroy or de-identify it if it is lawful and reasonable to do so.
We do not record telephone calls or meetings without telling you first and obtaining your agreement.
If you give us personal information about another person, you should only do so if you are entitled to, and you should take reasonable steps to let that person know their information has been given to us, why, and that they can read this policy here.
Where we collect information about a person other than you — an opposing party or a witness, for example — we will notify them where the APPs require it, unless notification would prejudice our client's matter, be inconsistent with our duties to our client, or be prohibited by law.
Why we collect and use it
We use personal information to:
- provide legal services and carry out our clients' instructions;
- verify identity and meet our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), including customer due diligence, ongoing monitoring, record keeping and reporting to AUSTRAC;
- run conflict of interest checks before accepting instructions;
- prepare bills, receive and account for money, operate our trust account and recover unpaid costs;
- manage our practice — file management, insurance, audit, external costs assessment, risk management, complaints and professional indemnity purposes;
- communicate about a matter and, if you have asked to receive them, send you updates and publications;
-recruit and assess applicants for positions with us; and
- comply with our legal, regulatory and professional obligations.
We will not use personal information for a purpose other than the one for which it was collected unless you consent, you would reasonably expect it and the purpose is related (or, for sensitive information, directly related), or the law requires or authorises it.
You may deal with us anonymously or under a pseudonym for a general enquiry. We cannot act for you, hold money for you, or complete identity checks unless we know who you are.
How we keep it secure
We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Our measures include access controls and multi-factor authentication, encryption of data in transit and at rest, secure and reputable hosting, endpoint protection and patching, backup and recovery arrangements, confidentiality obligations and privacy training for all personnel, due diligence on service providers, and secure destruction of records we no longer need.
No system is completely secure. Email in particular can be intercepted, delayed or altered.
Our bank account details will not change during a matter. If you receive an email that appears to be from us changing our account details, do not act on it. Telephone us on a number you have obtained independently and verify it first.
How long we keep it
We keep client files, in electronic form, for at least seven (7) years after a matter ends. Records we hold to meet AML/CTF obligations are kept for seven (7) years after the end of our relationship with the client or after the relevant transaction, as that legislation requires. Trust account records are kept for the period required by the Legal Profession Act 2007 (Qld).
Some documents — for example original wills, title deeds and other instruments held in safe custody — are kept for as long as we hold them on a client's behalf.
When we no longer need personal information and are not required to retain it, we destroy it securely or de-identify it.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
complaints
If you think we have mishandled your personal information, please tell us in writing at info@anewlaw.com.au, or by post to PO Box 3348, Robina Town Centre QLD 4230. Please describe what happened and what you would like us to do.