Privacy Policy

1. Introduction

Criminal Law Group Pty Ltd (“we”, “our”, “us”) is bound by the *Privacy Act 1988* (Cth), as amended by the *Privacy and Other Legislation Amendment Act 2024* (Cth), and the Australian Privacy Principles (APPs). This policy sets out how we collect, hold, use, and disclose personal information in the course of providing criminal and traffic law services in New South Wales.

In this policy, “personal information” has the meaning given in section 6 of the *Privacy Act 1988* (Cth), being information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true and whether or not it is recorded in a material form.

We have implemented practices, procedures, and systems to ensure compliance with the APPs and to enable enquiries and complaints to be addressed.

2. Personal Information We Collect

In the ordinary course of taking instructions and conducting a matter, we collect personal information including:

• Name, date of birth, and contact details
• Identification details required to verify identity and conduct conflict checks
• Driver licence details and driving record where relevant to a traffic matter
• Information concerning the charge, the police fact sheet, the court attendance notice, the brief of evidence, bail conditions, and any prior criminal or traffic history
• Information concerning witnesses, co-accused, complainants, and other persons relevant to the matter
• Financial information where relevant to costs disclosure or legal aid eligibility
• Any further information voluntarily provided during the course of instructions

Some of the information we collect is sensitive information within the meaning of section 6 of the *Privacy Act*, including information about criminal records, health, and legal proceedings, and any other category of sensitive information where relevant to the matter. Sensitive information is collected only where necessary for the conduct of the matter and with consent, or where collection is otherwise authorised or required by law.

3. How Personal Information Is Collected

Personal information is generally collected directly from the client. Where appropriate or necessary for the proper conduct of the matter, information may also be collected from:

• Police and prosecuting authorities, including through service of the brief of evidence
• Courts and tribunals
• Transport for NSW and Service NSW in relation to driving record and licensing information
• Witnesses, experts, and treating practitioners
• Co-accused and their legal representatives
• Family members or third parties authorised by the client to provide instructions
• Government agencies where lawfully authorised

4. Anonymity and Pseudonymity

The nature of legal practice requires us to identify our clients, including for the purposes of conflict checks, costs disclosure, trust accounting, and compliance with our obligations under the *Legal Profession Uniform Law* (NSW). It is generally not practicable for the firm to deal with persons anonymously or under a pseudonym in connection with the provision of legal services. General enquiries that do not progress to instructions may be made without identification.

5. Legal Professional Privilege

Communications between a client and this firm for the dominant purpose of obtaining or providing legal advice, or in connection with actual or anticipated legal proceedings, are protected by legal professional privilege. Privileged communications will not be disclosed except with the client’s instructions, by operation of law, or where privilege is otherwise lost or waived.

6. Use of Personal Information

Personal information is used for purposes connected with the conduct of the retainer, including:

• Providing legal advice and representation
• Preparing court documents, submissions, and applications, including licence appeals and applications under the *Road Transport Act 2013* (NSW) where relevant
• Communicating with the client, the court, the prosecution, and third parties relevant to the matter
• Conducting conflict checks and complying with trust accounting and costs disclosure obligations
• Complying with obligations under the *Legal Profession Uniform Law* (NSW), the *Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015*, and other applicable laws

We do not use personal information for direct marketing.

7. Disclosure of Personal Information

Personal information may be disclosed to:

• Courts and tribunals in the conduct of proceedings
• The prosecution, including the NSW Police Force, the Office of the Director of Public Prosecutions (NSW), and the Commonwealth Director of Public Prosecutions
• Counsel briefed to appear in the matter
• Experts retained for the purpose of the matter
• Co-accused and their legal representatives where reasonably necessary
• Government agencies or regulators where lawfully required
• Australian-based service providers engaged to support our practice, including IT and document management providers, who are bound by confidentiality obligations

Personal information is not sold or disclosed for marketing purposes. Other than information collected by third-party analytics and advertising tools as described in section 8, we do not disclose personal information to overseas recipients.

8. Website Information and Tracking

When a person visits our website, certain technical information is automatically collected, including IP address, browser type, device information, pages viewed, and referring website.

The website uses third-party analytics and advertising tracking tools, including Google Analytics, Google Ads conversion tracking, and the Meta Pixel. These tools collect information about website usage and the effectiveness of advertising. Information collected through these tools may be processed and stored outside Australia by the relevant providers, in accordance with their respective privacy policies.

A user may disable cookies through browser settings or opt out of tracking through the relevant provider’s opt-out mechanisms. Disabling cookies may affect functionality of the website.

9. Data Quality and Security

We take reasonable steps to ensure that the personal information we hold is accurate, up-to-date, complete, and, in the context of any use or disclosure, relevant.

We hold personal information in physical and electronic form. In accordance with APP 11.1, we take such steps as are reasonable in the circumstances, including the implementation of technical and organisational measures, to protect personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. Those measures include physical security at our premises, restricted access to client files, role-based user access controls, password protection, multi-factor authentication, encryption in transit, secure backup, and the use of practice management systems with audit logging. No method of transmission over the internet is entirely secure.

In the event of an eligible data breach within the meaning of Part IIIC of the *Privacy Act 1988* (Cth), we will notify affected individuals and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme.

Personal information is retained for the period required to comply with our obligations under the *Legal Profession Uniform Law* (NSW), the *Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015*, and the *Legal Profession Uniform General Rules 2015*. Client files are retained for a minimum of seven years from the conclusion of the matter, unless a longer period is required by law. When personal information is no longer required to be retained, we take reasonable steps to destroy or de-identify it.

10. Automated Decision-Making

We do not arrange for any computer program to use personal information to make, or to do a thing that is substantially and directly related to making, a decision that could reasonably be expected to significantly affect the rights or interests of an individual. Decisions made in the conduct of legal matters are made by qualified legal practitioners.

11. Access and Correction

A person may request access to, or correction of, personal information held by the firm by contacting us using the details below. Access may be refused where the request falls within an exception under the *Privacy Act*, including where access would prejudice the conduct of legal proceedings, breach legal professional privilege, or unreasonably affect the privacy of another person.

12. Complaints

A complaint about the handling of personal information may be made in writing to the firm’s Privacy Officer using the details below. We will acknowledge the complaint and respond within a reasonable time.

If the response is not satisfactory, a complaint may be lodged with the Office of the Australian Information Commissioner at www.oaic.gov.au.

13. Changes to This Policy

This policy may be updated from time to time. The current version will be available on this page with the date of last update.

14. Contact

**Criminal Law Group Pty Ltd**
Privacy Officer
Suite 5/153 George Street, Liverpool NSW 2170
Phone: 1300 274 652
Email: info@criminallawgroup.com.au
Website: www.criminallawgroup.com.au