All information concerning beneficiaries is kept private. The Senior Master views the affairs of all beneficiaries as confidential and the protection of beneficiaries’ privacy is the prime concern of the Funds in Court.

FIC follows a Privacy Policy which outlines:

  • expected staff behaviour
  • the process around responding to Freedom of Information requests or subpoenas
  • why there is a Privacy Policy.
This website has a Privacy statement which explains when and how your personal information is collected and used.

Senior Master’s Statement of Principle on Privacy

All information concerning beneficiaries is absolutely private. The Senior Master views the affairs of all beneficiaries as confidential and the protection of beneficiaries’ privacy is paramount.

The rationale for absolute privacy and confidentiality is that, if a beneficiary were not a person under disability, their financial matters would be entirely confidential unless and to the extent that the beneficiary released or authorised release of the information sought, or was compelled by law to release it.

Therefore, the Senior Master cannot suffer unnecessary disclosure of details concerning the administration of funds in Court, which should otherwise remain private and confidential.

Privacy and Data Protection Act exempts Courts

Section 10 of the Privacy and Data Protection Act 2014 (Vic) exempts Courts and Tribunals from the provisions of the Act in relation to the Court’s judicial function.

The administration of the funds in Court is part of the Court’s judicial function and, as such, is exempt from the application of the Act.

However, in view of the Senior Master’s strong view on protecting the privacy of beneficiaries, the Senior Master complies – as far as practicable and appropriate – with:

  • The requirements of the Privacy Principles set out in Schedule 1 of the Privacy and Data Protection Act 2014 (Vic).
  • Court Services Victoria’s policies and procedures on Privacy.
  • The Court’s policies and procedures on Privacy and the Court Rules.

You can download a copy of our Beneficiary Information Privacy Guide below.

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Attachment:

Client Information Privacy Guide