Credit Reporting Policy
This credit reporting policy sets out how the Federal Court of Australia (the Court) manages credit related personal information, including that obtained from credit reporting bodies. The Court is committed to protecting your privacy and ensuring that it complies with the Privacy Act 1988 (Act), Privacy Regulation 2013 (Regulation) and the Privacy (Credit reporting) Code (CR Code).
This policy applies to any individual or organisation who applies to the Court for commercial credit or provides a guarantee for commercial credit, or has dealings with the Court in connection to the provision of commercial credit or a guarantee for commercial credit. If you are unsure whether this credit reporting policy applies to you, please contact our Privacy Officer using the contact details set out below.
The Court conducts regular reviews of its policies and procedures, and may change the credit reporting policy from time to time. The most current version of the credit reporting policy will be available on our website. You may also obtain a copy of the credit reporting policy free of charge by contacting our Privacy Officer using the contact details set out below. The Court will take reasonable steps to provide a copy of our credit reporting policy in the form requested.
What types of credit-related personal information does the Court collect, use, hold and disclose?
If you apply for commercial credit or provide a guarantee for commercial credit, the types of credit-related personal information that the Court may collect, use, hold and disclose includes your identification, creditworthiness and any other related necessary information. These may include:
- Identification details, such as your name, address(es), telephone number(s), date of birth, driver's licence number and current and last known employer.
- Details of commercial credit you have applied for (including the type and amount of credit).
- Repayment history information.
- Payment or default information.
- Personal insolvency or bankruptcy information.
- Information about your current or terminated credit accounts More information about the types of credit-related personal information that the Court may collect, use, hold and disclose about you is set out in the Act. In this credit reporting policy this information is referred to collectively as "credit-related personal information".
All credit-related personal information is collected by the Court in accordance with the Act and CR Code.
How does the Court collect your credit-related personal information?
The Court may collect your credit-related information directly from details included in your application for credit. It may also collect or confirm this information from third parties such as a Credit Reporting Bodies, government agencies, other credit providers, or trade references.
Where the Court outsources its credit assessment or debt collection functions to third party service providers, those providers may also collect your credit-related personal information from you and other sources on the Court's behalf.
How does the Court hold your credit-related personal information?
The Court keeps the credit-related information that it holds about you secure to ensure that it is protected from loss, unauthorised access, use, modification or disclosure. Your credit-related information may be stored physically including in paper form or electronically within secure environments and systems that are protected in controlled facilities. Our employees and authorised agents are obliged to respect the confidentiality of any credit-related information held by us. The Court will take steps as are reasonable in the circumstances to destroy information or to ensure that information is de-identified where it no longer needs such information for any purpose and where it is not required by or under an Australian law, or court/tribunal order to retain that information.
Why does the Court collect, use, hold and disclose your credit-related personal information?
Your credit-related personal information allows the Court to perform its functions and activities and assess whether it will provide commercial credit. The Court may not be able to provide you with commercial credit in respect of services you require if you do not provide all of the information requested or do not consent to how the Court collects, uses, holds and discloses your credit-related personal information in accordance with this policy.
Disclosure of your credit-related personal information to Credit Reporting Bodies
The Court may disclose your credit-related personal information to a Credit Reporting Body. Credit Reporting Bodies may include credit-related information provided by us in reports provided to other credit providers to assist them to assess your credit worthiness. Each Credit Reporting Body has a policy for managing your credit-related information that you may access by contacting them.
Under the Act, Credit Reporting Bodies are permitted to use credit reporting information to assist credit providers who wish to direct market you. This is known as "pre-screening". You have a right to contact a Credit Reporting Body and request, at no cost to you, that a Credit Reporting Body does not use your information for this purpose.
You also have a right to request a Credit Reporting Body not to use or disclose your credit-related personal information if you reasonably believe that you have been or are likely to be a victim of fraud (including identity theft).
You can contact the Credit Reporting Body the Court exchanges information with using the details below:
Dun & Bradstreet
Ground floor, 479 St. Kilda Road
Melbourne, VIC 3004
PO Box 7405, St. Kilda Road
Melbourne, VIC 3004
You may obtain a copy of Dun & Bradstreet's policy about their management of credit-related personal information by contacting them or visiting their website.
Exchange of your credit-related personal information with trade insurers
Trade insurers may obtain credit-related personal information about you from the Court or a Credit Reporting Body for the purpose of assessing whether to provide insurance to us in relation to the commercial credit we provide.
Use of third party service providers
The Court may disclose your credit-related personal information when it outsources certain functions to third party service providers. The functions we may outsource include:
- establishing credit accounts and managing commercial credit provided to our customers
- assessing credit applications and/or guarantees
- responding to enquiries about the applications, accounts and our services
- conducting checks for credit worthiness and/or fraud
- debt collection
Where the Court discloses your credit-related personal information to our third party service providers, we require those providers to comply with the Act and CR Code. These third party service providers will not collect, use, hold or disclose your credit-related personal information for any purpose other than those of the Court, as set out in this credit reporting policy.
How can you access and request correction of your credit-related personal information?
The Court takes reasonable steps to ensure that your credit-related personal information is accurate, up-to-date, complete, relevant and not misleading. If your personal details change at any time please contact our Privacy Officer.
Under the Act you have right to access your credit-related personal information that we hold subject to a few exceptions allowed by law. You may not have access to the credit-related personal information that the Court holds about you where:
- giving access would be unlawful; or
- denying access is required or authorised by or under an Australian law or a court/tribunal order; or
- giving access would be likely to prejudice one or more enforcement related activities conducted by or on behalf of an enforcement body.
If you would like to access your credit-related personal information, please contact our Privacy Officer using the contact details set out below.
The Court will acknowledge receiving your request for access to your credit-related personal information within seven days of receiving such a request and aim to process your request within 30 days of receiving it.
If you believe that your personal information needs correction, you have a right under the Act to request that the Court corrects your credit-related personal information. If you would like to do so, please contact our Privacy Officer using the contact details set out below.
If the Court refuses your request, it will give you a written notice setting out the reasons for our refusal (except to the extent it would be unreasonable to do so) and the mechanism available to you to complain about that refusal.
There is no charge for an access or correction request.
How can you make a complaint?
If you believe that the Court has not complied with its obligations under Part IIIA of the Act and/or the CR Code, you have a right to complain. You must specify the nature of your complaint.
You can make a complaint to the Court by contacting our Privacy Officer using the contact details set out below.
You will receive a written acknowledgement of your complaint within seven days of the complaint being received. The Court aims to resolve complaints within 30 days. If the Court cannot resolve your complaint within that period it will write to you explaining why it has been unable to resolve your complaint, the expected timeframe to resolve the complaint, and seeking your written agreement to extend the 30 days period. You may refer the matter to the Office of the Australian Information Commissioner (OAIC) if you wish to complain about delay in the handling of your complaint (using the contact details set out below).
Details of how to lodge a complaint with the OAIC may be found at www.oaic.gov.au or by calling 1300 363 992.
The Court will not charge you for making a complaint to us or for dealing with a complaint.
Contacting our Privacy Officer
If you have any questions regarding our Credit Reporting Policy, please contact The Privacy Officer
Federal Court of Australia
Locked Bag A6000
Sydney South NSW 1235