Highland Strata Privacy Policy

Highland Strata are committed to being the best possible strata managers we can be, and this means ensuring that all of your personal information is used and supplied only when and where it’s appropriate. We recognise the importance of your privacy and understand your concerns about the security of your personal information. We are committed to protecting any personal information about you that we hold while performing our duties as strata managers. The following privacy policy details how we generally manage your personal information and safeguard your privacy while we manage your strata property.

The Privacy Act 1988 (Privacy Act) and the Privacy Regulations 2013 (Privacy Regulations) requires Highland Strata to comply with 13 Australian Privacy Principles (APPs) (subject to other provisions of that Act) in how we handle personal information. These principles are called the Australian Privacy Principles (APPs).The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, storage, accessibility and disposal (where applicable). The 13 APPs are contained in schedule 1 of the Privacy Act 1988 (the Privacy Act).

Highland Strata will take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to our functions or activities that: will eliminate problems with compliance and ensure working within the Australian Privacy Guidelines and will enable us to deal with inquiries or complaints from individuals about compliance with the Australian Privacy Principles.

Collection of personal information
Personal information is defined as any information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion
Highland Strata collects personal information in a number of ways, including:
• directly from you; or
• from publicly available sources of information; or
• from our own records; or
• from meetings convened by the Owners Corporation of a particular Strata Scheme; or
• lawful means and not in an unreasonable intrusive manner; or
• when legally required to do so; or
• from third parties.

Sensitive information
Sensitive information as defined in Part II, Section 6 of the Privacy Act 1998 can be information about your racial or ethnic origin, political opinions, membership of political associations, religious beliefs or affiliations, membership of professional or trade associations or trade. We only collect, use or disclose sensitive information about you as allowed by law, where we have received your consent to do so, or the collection is necessary for us to do our job under our agreement with your scheme.

What information is collected by Highland Strata
The Strata Schemes Management Act 1996 requires us to keep certain records. This information must be recorded in the Strata Roll. The records required by the Strata Schemes Management Act include the owner’s name and Australian address and can include additional information under the Act. Where there is a mortgage interest, the exact nature of the person’s interest in the lot must be disclosed. Additionally notice must be given to the Owners Corporation of leases or subleases. This includes the name of the lessee, sublessee or assignee, the date of commencement or assigning of the lease and the name of any agent acting for the owner in respect of the sublease or lease.

Collecting your personal information is essential for us to be able to perform our job under our agreement with the scheme. Our obligations to the scheme are to keep and maintain the books and records and by collecting personal information we are able to maintain the owners roll and minute book, issue notices of meetings, distribute minutes of meetings, issue levy notices, attend to routine repairs, maintenance and replacement of scheme property and make insurance claims. The nature of our job is such that anonymity cannot be maintained.

Types of personal information collected and held
The types of personal information we may collect includes name, gender, address, telephone numbers, email contact details, occupational details, and information about the property/s you own under our management. We only collect personal information that is necessary to perform our strata management agency functions. We only use personal information provided for the purposes for which it was collected. In respect of corporations subject to the Strata Schemes Management Act, Highland Strata must keep minutes of meetings that include the particulars of the motions passed at those meetings. We will also collect information which is gathered for the primary purpose to allow Highland Strata to carry out functions as strata managers. This information as provided will be accessible by third parties in the same way that information is required to be provided in accordance with the legislation.

How we use personal information
We use your personal information to provide management services to you and your scheme. Some examples of parties to whom we disclose your personal information are specialist trades and services providers such as builders, engineers, architects, plumbers and insurance companies for whom we act as agents. Prior to the use and disclosure of personal information, reasonable steps will be taken to ensure that personal information is relevant and to the extent necessary, accurate, complete and up to date for the purpose for which it is to be used.

Use and disclosure of personal information
If Highland Strata uses or discloses your personal information for a purpose (the “secondary purpose”) other than the main reason for which it was originally collected (the “primary purpose”), to the extent required by the Privacy Act, we will ensure that:
• the secondary purpose is related to the primary purpose of collection (and directly related to the case of sensitive information), and you would reasonably expect that Highland Strata would use or disclose your information in that way; or
• you have consented to the use or disclosure of your personal information for the secondary purpose; or
• the use or disclosure is required or authorised by or under law; or
• the use or disclosure is otherwise permitted by the Privacy Act (for example, as a necessary part of an investigation or suspected unlawful activity).

Highland Strata will take reasonable steps to:
• protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Act.
Sometimes information can never be completely destroyed due to technical and accounting requirements, and also in some cases legal responsibilities that will require us to retain some information.

Transfer of personal information outside Australia
If Highland Strata transfers your personal information outside Australia, we will comply with requirements of the Privacy Act that relate to trans-border data flows. Highland Strata will ensure that contractors, affiliated companies and related companies that need to see personal information are compliant with the Privacy Act or a legislative regime which is at least as rigorous as the Privacy Act. All agreements with these third parties will impose this obligation. You can contact these third parties directly to obtain access to the personal information they hold about you.

Access to your personal information
If you would like to access the personal information that we hold about you, please contact Highland Strata. We will generally provide you with access to your personal information, if practicable. In some circumstances, Highland Strata may not permit access to your personal information where:

(a) providing access would pose a serious threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing legal dispute resolution proceedings between the Owners Corporations and the individual, and the access would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal the intentions of Highland Strata in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is specifically authorised by law; or
(h) providing access would be likely to prejudice an investigation of possibility unlawful activity; or
(i) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
by or on behalf of an enforcement body; or
(j) an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

We may refuse you access to personal information where the information you seek is mixed with other information that would disclose personal information or sensitive information about another owner in the scheme.

Correction of your personal information
Highland Strata relies on the accuracy of personal information as provided to it directly or indirectly. We encourage you to contact us if the personal information we hold about you is incorrect. If Highland Strata holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Highland Strata will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

Concerns or requests
If you have a question about this policy or wish to lodge a request to access your personal information or you believe we have not protected your personal information please contact us. If you believe that personal information we hold about you has been used incorrectly, you should advise us immediately when you become aware of a potential breach of privacy. In such a situation, Highland Strata will take all reasonable steps to correct the breach of privacy.
In addition, under the Privacy Act 1988, you can make a complaint to the Office of the Australian Information Commissioner (OAIC) about the handling of your personal information.

Complaint Handling Policy

The purpose of this document is to assist you lodge a formal complaint if you wish to do so and how and when we will respond to your complaint.

COMPLAINT MANAGEMENT PROCESS

A person wishing to make a complaint may do so in writing to:

• the staff member they were dealing with at the time, unless you are making a complaint about this person;
• the Licensee-In-Charge, or if the complaint is about:
  • a product or service delivered by our company; the complaint will normally be dealt with by the relevant strata manager;
  • a staff member, the complaint will normally be dealt with by the Licensee-In-Charge;
  • the Licensee-In-Charge, the complaint will normally be dealt with by the Licensee-In-Charge of your company and the Assistant Licensee-In-Charge of your company.

Written complaints should be emailed to admin@highlandstrata.com.au.

PROCEDURES FOR COMPLAINT MANAGEMENT

Our Licensee in charge will be responsible for:

1. Registering the complaint:

• registering the complaint in your companies’ complaints register
• informing the complainant that their complaint has been received and providing them with information about the process and time frame

2. Investigating the complaint:

• We will examine the complaint within 5 working days of the complaint being received
• We will inform the complainant via email within 10 working days of the complaint being received of what is being done to investigate and resolve the complaint, and the expected time frame for resolution. As far as possible, complaints or appeals will be investigated and resolved within 20 working days of being received. If this time frame cannot be met, the complainant will be informed of the reasons why and of the alternative time frame for resolution.

3. Resolving the complaint:

• Deciding or referring to the appropriate people for a decision within 20 working days of the complaint being received
• Informing the complainant of the outcome and any options for further action if required

4. What if I am unhappy with the resolution?

• If you are not happy with the outcomes of a complaint, you may be able to lodge a complaint with Strata Community Association (NSW) or Fair Trading, their office will determine if it has the power to investigate your complaint.

SCA (NSW) Code of Ethics (Constitution Rule 40)

Please click here to read the Code of Conduct.

Strata Community Association (NSW) Professional Standards Scheme

Highland Strata is a proud member of SCA (NSW), the peak body for the strata sector in NSW representing 2,000 strata managers.

The NSW Government under the Minister for Better Regulation and Innovation has approved a Professional Standards Scheme. This formal recognition by the NSW Government is first of its kind for the property services sector in Australia.

The scheme has been approved for an initial period of 5 years commencing from 1st July 2021. This approval means our business, Highland Strata, must adhere to a Code of Ethics including professional standards, and is monitored by Professional Standards Australia.

Liability Limited by a scheme approved under Professional Standards Legislation