QCN is committed to protecting the privacy of personal information provided to us for the purpose of our business activities. As part of this commitment, QCN will comply with:

  1. The National Privacy Principles contained in the Privacy Act 1988 (Cth); and
  2. Chapter 3 of the Information Privacy Act 2009 (Qld) with regard to requests to access and amend personal information.

Our commitment to management of personal information is contained in this Privacy Policy.

If you have concerns with respect to the accuracy, use or handling of your personal information held by QCN we encourage you to contact us. All enquiries should be directed to:

Chief Executive
Queensland Capacity Network Pty Ltd
L15, 348 Edward Street
BRISBANE QLD 4000
E: enquiries@qcn.com.au

Approved March 2022
Next Review: March 2025

Introduction

The Privacy Act 1988 (Cth) (Privacy Act) applies to small business operators with an annual turnover of $3 million or more. Additionally, the Information Privacy Act 2009 (Qld) (IP Act) is applicable to Queensland government entities dealing with personal information access and amendment applications.

Queensland Capacity Network Pty Ltd (ACN 633 081 517) (QCN) is subject to the Privacy Act and the IP Act.

QCN is committed to observance of the 13 Australian Privacy Principles (APPs) set out in Schedule 1 to the Privacy Act. QCN will make this Privacy Policy available upon request, in accordance with the Privacy Act.

This Privacy Policy has regard to the Privacy Act and the 13 APPs. The Privacy Act and the APPs can be accessed at www.oaic.gov.au.

Background

The principal activity of QCN, as a subsidiary entity of Powerlink Queensland, is to act as a corporate vehicle through unlocking spare capacity in government-owned fibre networks. By utilising any existing unused, unlit fibre capacity, QCN aims to improve access to digital services for regional Queenslanders.

QCN is responsible for operating as a data and telecommunications carrier. QCN can provide, trade or sell any forms of telecommunications services or other rights or benefits associated with the utilisation of spare capacity and increased supply of backhaul capacity, including:

  • To persons and entities who hold a carrier license under the Telecommunications Act 1997 (Cth)
  • To carriage service providers and content service providers within the meaning of the Telecommunications Act 1997 (Cth)
  • To other organisations who lawfully provide or propose to provide telecommunications services to third parties, and
  • To other customers whether persons, entities or organisations, including government owned corporations and other government entities (including Commonwealth, State and local Government entities and departments) and private sector entities and organisations

To assist QCN to fulfil its roles, various entities have been or may be contracted to provide advisory services and Powerlink undertakes various ancillary services for QCN as set out the Ancillary Services Agreement.

What QCN will do

In practical terms, QCN compliance with the APPs means that it will:

  • Not collect Personal Information unless it is needed for QCN activities and it is collected in a fair way
  • Tell persons from whom Personal Information is collected why it is collected, how it will be used and how they can access and correct it in certain circumstances
  • Not use Personal Information for another purpose without consent (unless the exceptions in APP 6 apply)
  • Keep Personal Information safe and up to date, and
  • Delete Personal Information when it is no longer required for the purpose it was collected.

Types of Personal Information QCN Collects, Stores and Uses

Board Members of QCN

QCN collects and keeps information about the members of QCN’s Board for the purpose of preparing annual reports and returns, administering remuneration (if any), providing administrative assistance, and managing conflicts of interests with members’ duties. The information collected may include:

  • Names
  • Contact details
  • Date of birth
  • Details of other directorships, personal interests and moral rights held
  • Professional memberships
  • Bank account details
  • Tax file number
  • Superannuation and employment elections

Employees of QCN

QCN collects and keeps information about the employees of QCN for the purposes of preparing annual reports and returns, administering remuneration (if any) to directors, providing administrative assistance and managing conflicts of interests with director’s duties. The information collected may include:

  • Names
  • Contact details
  • Date of birth
  • Details of other directorships, personal interests and moral rights held
  • Bank account details
  • Tax file number
  • Superannuation and employment elections
  • Photographs
  • Salaries and benefits

Some of this information may be included in the annual reports and returns of QCN where required by law, accounting standards or standard business practice.

Third Parties

When QCN engages with the following third parties, it collects and keeps information about other parties to the contracts for contract management and administrative purposes. The information collected for respective parties may include:

Customers

  • Names
  • Company name
  • Company position
  • Contact details
  • Bank account details

Partners

  • Names
  • Company name
  • Company position
  • Contact details
  • Bank account details

Contractors, Suppliers and Vendors

  • Names
  • Contact details
  • Bank account details
  • Australian Business Numbers (ABNs)

Job Applicants

QCN collects and keeps information about job applicants for the purposes of considering their suitability as employees of QCN. Information collected include CV details such as:

  • Names
  • Contact details
  • Qualifications
  • Work history
  • Experience and strengths
  • References (including contact details)

Website Users

  • Names
  • Contact details

Disclosure

Personal Information that is kept by QCN is generally accessible to appropriately authorised QCN staff. QCN’s staff are bound by an obligation of confidentiality to QCN when performing their functions.

From time to time QCN may need to disclose some types of Personal Information to other organisations, including Powerlink Queensland or Energy Queensland, or individuals outside QCN.

Examples of such disclosures include:

  • Personal Information reasonably required for QCN to perform its functions, or required by law
  • Tax file numbers and Australian Business Numbers to taxation authorities, and
  • Filing statutory returns and notices to the Australian Securities and Investments Commission under the Corporations Act 2001 (Cth) and publication of information about directors in annual reports.

Retention

QCN may keep its records in electronic or hard copy form (or both) and destroys them in accordance with the requirements of the Public Records Act 2002 (Qld). Personal Information within records is destroyed or de-identified when it is no longer needed for the purpose for which it was collected, where it is reasonable in the circumstances to do so.

Access to, and Amendment of, Personal Information by Individuals

QCN provides for access to, and correction of, records of Personal Information kept about individuals, except where the exceptions in APP 12 apply. These exceptions generally relate to when access might infringe the privacy of another person, might prejudice a court case or an official investigation or might pose a threat to a person.

Use of Personal Information

QCN will comply with the APPs in its use of Personal Information. In general terms, QCN will not use or disclose Personal Information to anyone other than the individual concerned unless:

  1. The individual would reasonably expect that the information would be used or disclosed for a purpose related to the primary purpose for which it was collected
  2. The individual has consented to the proposed use or disclosure
  3. The proposed use or disclosure is required or authorised by law
  4. The proposed use or disclosure is reasonably necessary to prevent or lessen a serious and imminent threat to a person’s life or health, or
  5. The proposed use or disclosure is reasonably necessary for enforcement of a criminal law or a law imposing a pecuniary penalty.

Steps to take to Access or Correct Personal Information or Resolved Concerns

If an employee of QCN wishes to obtain personal information, or are concerned that it needs correction, or if they have any questions or concerns about their privacy, they can contact the Chief Executive.

QCN may require an employee to verify their identity and/or to provide a written request for personal information or the reasons it needs to be corrected or a written explanation of their questions or concerns, so that it can reasonably identify the information.

QCN will endeavour to respond to an application as soon as reasonably possible. In any event, QCN will respond not later than 14 days after a request in writing is receive.

Definitions

Term

Definition

Personal Information

Personal information is defined as information or an opinion (including that which forms part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained.

Note: Under s7B Privacy Act, employee records that are used by QCN in relation to its current or former employment relationships are exempt from the APPs.