Court Services Victoria (CSV) is committed to protecting your privacy.
This Privacy Statement applies to your access and use of this Case Management System portal at www.cmsportal.courts.vic.gov.au (Website).
Any personal information (including sensitive information) or health information collected by CSV by your use of this Website is handled in accordance with the Privacy and Data Protection Act 2014 (PDP Act) and Health Records Act 2001 (HR Act), except to the extent that the Courts are exempt from the requirements of these privacy laws.
This Website contains links to external websites and this Privacy Statement does not apply to those websites.
We may update this Privacy Statement from time to time and the updated version will be published on this page, along with its version date.
Collection of information
What we collect
CSV only collects the information that it needs to perform its functions and activities.
CSV collects the information you provide to us:
- in any electronic forms or documents you submit to this Website
- when you use our 'contact us' email address
- when you communicate with us using any other available Website tools
In some cases, we may collect your information indirectly. This may occur if another person includes your information in one of our electronic forms.
We respect your choice to remain anonymous, and you may interact with us anonymously where it is lawful and practicable for you to do so. However, in some instances, it may not be possible for us to provide information to you, or to perform our functions or activities, unless we can identify you.
This Website collects, processes and stores information used by Courts in proceedings which are regulated by their rules and legislation. As a result, section 10 of the PDP Act and s 14 of the HR Act exempts Courts from complying with the privacy laws in respect of the exercise of any of their judicial and quasi-judicial functions. For example, documents, records and other material filed by the parties for the purposes of Court proceedings are exempt from the operation of the privacy laws.
The Courts handle all such exempt information in accordance with their rules and the:
- Magistrates' Court Act 1989, and
- Children, Youth and Families Act 2005,
and any orders, directions and determinations made in any proceedings in those Courts.
Further information about the handling of information by these Courts can be found at:
Use or disclosure of information
We will only use or disclose your information for the purpose for which it was collected and as required or authorised by law, except where:
- you have consented to that use or disclosure for another purpose, or
- you would reasonably expect that CSV would use or disclose that information for another purpose.
Your information may be disclosed to and used by employees or contractors who are required to use it in the course of performing their duties on our behalf.
Information collected in relation to any proceeding in a Court will be used or disclosed as required by the rules of that Court and its legislation, as well as any orders, directions and determinations made in those proceedings.
Website analytics and cookies
We use Website analytics to analyse, measure and report on data about our Website traffic. We may collect and use information about your use of this Website, such as your IP address, the date and time of your visit, the address of your server, data about your interaction with our Website, your device information and your geolocation information (if enabled by you), as well as data collected from cookies and similar technologies.
This information is collected at an aggregate level and we will not use it to identify you. However, we may do so if we are required to investigate and mitigate a cybersecurity threat or an attempt to interfere with the enjoyment of the Website by other users, to cooperate with law enforcement authorities or to comply with the law.
We obtain Website analytics provided by third party service providers such as Google.
Cookies are small files that are transferred to your web browser when you visit a website. These files contain certain pieces of information that help you navigate the website efficiently. Cookies are used to save information about your interaction with this Website. For example, your login details, preferences, and how and when you use this Website.
This Website uses session cookies which are stored in temporary memory and are not retained after you close the browser session.
If you do not want to have cookies placed on your computer, you can disable them using your web browser. However, opting out of cookies may affect some of the resources provided on this Website.
Access and correction
We will support your right to access and correct the information that CSV holds about you, unless there is a reason under any of the privacy laws, Freedom of Information Act 1982, or any Court rules or legislation not to do so. To find out more, please contact us.
For further information about this Privacy Statement or how we handle information, please email firstname.lastname@example.org.
Commonly used words
'Court/s' means the Magistrates' Court of Victoria and the Children's Court of Victoria.
'health information' is personal information about an individual's health, as defined in section 3 of the HR Act.
It includes information or an opinion about:
- the physical or mental health, or disability, of an individual
- an individual's expressed wishes about the future provision of health services to him or her
- the nature of health services that have been, or are to be, provided to an individual.
It also includes:
- other personal information originally collected in the course of providing a health service to an individual
- personal information collected in connection with the donation of human tissue by an individual
- genetic information that is or could be predictive of the health of an individual or their descendants.
'personal information' is defined in section 3 of the PDP Act as any 'information or an opinion (including information or an opinion forming part of a database), that is recorded 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'. It includes a broad range of information that can or may identify an individual, such as the individual's photograph, name, address, phone number or date of birth.
'privacy laws' means the PDP Act (including the Information Privacy Principles) and HR Act (including the Health Privacy Principles).
'sensitive information' is defined in Schedule 1 of the IPPs as personal information that is information or an opinion about an individual's racial or ethnic origin, political opinions or membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional trade union or trade association, sexual preferences or practices, or criminal record.
This Privacy Statement was last updated on 8 July 2022.