.Strata Manager

LOC SM Privacy Policy

About Our Privacy Policy

LOC Strata Management (“we”, “us” or “our”) recognises the importance of privacy and is committed to protecting the privacy of individuals when handling their personal information.  We handle personal information about individuals for purposes relating to our functions and activities involving branding, marketing and related social media marketing activities.

Our Privacy Policy outlines how we handle personal information about individuals for purposes relating to our functions and activities in an open and transparent manner in accordance with the Australian Privacy Principles contained in the Commonwealth Privacy Act 1988.  Personal information includes any information about an identified individual or an individual who is reasonably identifiable.

By providing us with your personal information you consent to us handling it in accordance with our Privacy Policy.  If you provide us with any personal information about another individual then we rely upon you to inform that individual of the details contained in our Privacy Policy.

2. Why we collect, hold, use and disclose personal informationWe collect, hold, use and disclose personal information for purposes relating to our functions and activities.  For example, we may collect, hold, use or disclose your personal information for one or more of the following purposes:

• providing you with our products or services
• managing our client relationship with you
• providing you with information about our products and services
• evaluating or improving our products and services
• marketing, re-marketing or promoting our products and services
• complying with our legal or regulatory obligations

3. What kinds of personal information we collect.
The kinds of personal information about you that we may collect and hold include:

• your personal details including name, contact details, gender, age and personal interests
• your identity information including date of birth and driver’s licence details
• your product and service information including transaction details
• your payment information including bank account and credit card details

We will not collect any sensitive information about you without your consent unless we are required or authorized by law to collect the information.  Sensitive information includes information about an individual’s health (including information collected about or in providing a health service to the individual), biometrics, genetics, ethnic background, religious beliefs, religious affiliations, philosophical beliefs, professional memberships, trade memberships, political memberships, political opinions, sexual preferences or criminal record.

If we are not provided with the personal information about you which we request then we may not be able to provide you with our products or services.

4. What kinds of website visitor information we collect.
We may use cookies or similar technologies to collect information about your visits to our websites https://www.locsm.com.au/ (“Websites”).  A cookie is a small text file which is stored on your computer or device by your web browser when you visit our Websites to enable your visits to be recognised.

The kinds of information that we may collect and hold about your visits to our Websites include your IP address, domain name, locality, operating system, browser type, referring website, search terms, pages and links accessed, and visit date and time.  We may use this information for the purpose of maintaining and improving our Websites and enhancing your experience browsing our Websites.

If you do not wish us to use cookies to collect information about your visits to our Websites then you may set your browser to disable cookies but some parts of our Website may not function properly if cookies are disabled. 5. How we collect personal information

We usually collect personal information directly from you in person or when you communicate with us by telephone, email, standard form, letter, online chat, facsimile or other means.  For example, we may collect your personal information directly from you when:

• you request us to provide you with our products or services
• you request us to provide you with assistance or support for our products or services
• you participate in live chat communication via our website
• you attend a workshop and provide contact details
• you request us to provide you with information about our products, services, functions, activities or events
• you complete a survey or provide feedback in respect of our products, services, functions, activities or events• you subscribe to receive news or other information about our products, services, functions, activities or events
• you enter our competitions or promotions

We may also collect your personal information from a third party or publicly available source for the purpose of carrying out our functions and activities.  For example, we may collect your personal information from:

• your authorised representatives in connection with providing you with our products or services or your attendance at or participation in our functions, activities or events
• our service providers that assist us to carry out our functions and activities including customer support providers, information technology providers, credit report providers, and billing and debt recovery providers
• government departments and agencies in connection with carrying out our functions and activities

6. How we disclose personal information.
We disclose personal information to third parties for the purpose of carrying out our functions and activities.  For example, we may disclose your personal information to:

• your authorised representatives in connection with providing you with our products or services or your attendance at or participation in our functions, activities or events
• our service providers that assist us to carry out our functions and activities including customer support providers, information technology providers, printing and mailing providers, sales and marketing providers, credit report providers, and billing and debt recovery providers
• our professional advisers including accountants, auditors and lawyers
• our related companies, agents, partners, affiliates and other trusted entities that assist us to carry out our functions and activities
• government departments and agencies in connection with carrying out our functions and activities

The third parties to which we may disclose your personal information may be located in Australia or other countries including the United States of America. We will not disclose your personal information to any third parties for any other purpose without your consent except where required or authorised by law.  For example, we will not sell, trade or rent your personal information to any third parties for marketing purposes without your consent.

7. How we use personal information for direct marketing.
We may use your personal information to provide you with news or other information about our products, services, functions, activities or events that may be of interest to you.  In each such communication we will describe how you may at any time request not to receive any further such communications from us.  We will give effect to your request not to receive any further such communications from us as soon as practicable.

8. How we hold and protect personal information We hold personal information that we collect in both physical and
electronic storage facilities including paper-based files, computer servers, desktop and laptop computers, tablets, mobile phones and other portable data storage devices. We protect personal information which we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure using both physical and electronic security measures which include secure premises, secure databases, password access, anti-virus software and firewalls. If we hold any personal information that we no longer need for any purpose for which we may use or disclose the information then we will take reasonable steps to destroy or de-identify the information unless we are required by law to retain the information.

9. How to access and correct your personal information.
You may request access to, and correction of, any of your personal information which we hold.  You should promptly notify us if you become aware that any of your personal information which we hold is inaccurate or out-of-date. We will respond within a reasonable time to a request by you for access to your personal information.  We will give you access to your personal information in the manner that you request if it is reasonable and practicable to do so.  If we decide not to give you access to your personal information then we will give you written reasons for our decision. We will respond within a reasonable time to a request by you for the correction of your personal information.  If we correct any of your personal information that we have previously disclosed to another organisation which is subject to the Australian Privacy Principles then you may request us to notify that other organisation of the correction.  If we decide not to correct any of your personal information then we will give you written reasons for our decision and you may request us to associate with the information a statement apparent to users of the information that it is incorrect. If you wish to access or correct any of your personal information which we hold, please contact our Privacy Officer using the contact details below.  You will be required to verify your identity before you will be permitted to access or correct any of your personal information which we hold.

10. How to make an enquiry or complaint
If you have an enquiry or complaint about our handling of your personal information, please contact our Privacy Officer using the contact details below.  A complaint about our handling of your personal information should first be made in writing to our Privacy Officer setting out details of your complaint.  Our Privacy Officer is responsible for dealing with all enquiries and complaints about our handling of personal information and will respond on our behalf within a reasonable time after receiving an enquiry or complaint. If you are not satisfied with our response to your complaint then you may take your complaint to the Office of the Australian Information Commissioner which may be contacted using the contact details below:

Office of the Australian Information Commissioner
Phone: 1300 363 992E
mail: enquiries@oaic.gov.au
Address:  GPO Box 5218, Sydney, NSW 2001

11. How we update our Privacy Policy.
We may update our Privacy Policy from time to time to take into account changes to our information handling practices by publishing an updated version of our Privacy Policy on our Websites.  You should regularly review the most recent version of our Privacy Policy available on our Websites.

12. Re marketing with Google Analytics
Our Websites use analytics data and the double click cookie to serve ads based on a user’s prior visits to our website. You have the ability to opt out of the double click cookie by visiting the Google advertising opt-out page or by opting out of Google Analytics by visiting the Google Analytics opt-out page. If you would like to know more about remarketing you can view Google’s Remarketing Privacy Guidelines, Policies and Restrictions pages.

13. Retargeting with the Facebook Pixel
Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from visitors to our website and elsewhere on the internet and use that information to provide measurement services and target ads. This includes your interaction with our Facebook properties. You have the ability to opt out of these various mechanisms by visiting the WebChoices Consumer Choice Tool. For more information about how Facebook manages or uses your data, you can visit their Privacy page.

14. How to contact us
You may contact our Privacy Officer using the contact details below:

Privacy Officer – LOC Strata Management
T : +61 08 6355 5225

This Privacy Policy is effective as of August 2019

Strata Manager

March 31, 2021

Strata WA and new WHS Legislation. What does it mean?

New WHS Legislation to be Introduced. What Does this Mean for Strata in WA?

This article about new Work Health and Safety legislation which is being introduced to Western Australia has been provided by QIA Group.

New Work Health and Safety legislation is being introduced to Western Australia. The Regulations are set to be finalised later this year, after which the legislation will be proclaimed.

The new legislation will bring WA’s Occupational Health and Safety legislation into alignment with most other States and territories under the harmonised National Model laws.

The legislation will generally consist of a Work Health and Safety Act, Regulation and ‘compliance codes’ that provide greater detail and guidance material to assist people in achieving compliance.

Regulatory Authority

A regulatory body will be established, and this body will determine if the legislation has been breached and bring prosecutions.

Need to Know – It will be this Body that will make determinations as to who the laws apply to and how. When established they will be the first point of contact for interpretation of provisions of the Act and Regulations – similar to Landgate and SAT.

Compliance Requirements

This article will focus upon Strata Companies and Strata Management Companies and how the Key provisions below relate to these entities.

Key Provisions

The legislation as it currently stands will introduce:

  • the broad concept of a “person conducting a business or undertaking” (PCBU) that will replace the concept of an “employer”;
  • that the primary duty of care for a PCBU will be to ensure, so far as is reasonably practicable, the health and safety of workers and others who might be affected by their undertakings;
  • the broad concept of a “worker” which includes contractors, subcontractors, and the employees of contractors and subcontractors;
  • contractor engagement requirements for certain types of work
  • a specific duty of care for persons who provide services relating to work health and safety (eg. occupational hygienists, WHS consultants);
  • a prohibition on individuals and corporations from entering into insurance policies that seek to cover WHS fines imposed under the WHS Act.

Need to Know – the vast bulk of compliance requirements are related to whether you are a PCBU or not and then what kind of work you conduct. Persons who are not PCBU’s under the Act will still have some obligations, albeit less onerous ones.

Workplace (Sections 4, 8)

A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.

Need to Know – the common property of a strata titled property will be a workplace from time to time when workers work upon it.

Persons Conducting a Business or Undertaking (Sections 4, 5)

A very substantial proportion of the obligations defined under the legislation pertain to Persons (this includes entities) Conducting a Business or Undertaking. The term PCBU is very broad and includes and/or considers sole traders, each partner in a partnership, joint venture, company, unincorporated association, volunteer body, not for profit organisation, government department or a public authority.

Need to know – Under Section 5 (8) and (9) “A strata company that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises… unless “the strata company engages any worker as an employee.”

Strata Management businesses meet the definition of a PCBU’ s and so will have a primary duty of care to their Workers. This is made even more significant because the definition of worker has been expanded to include not just employees but also contractors that carry out work in any capacity for a PCBU.

Primary Duty of Care (Section 19)

A PCBU must ensure, so far as is reasonably practicable, the health and safety of:

  • workers engaged, or caused to be engaged by the person; and
  • workers whose activities in carrying out the work are influenced or directed by the person,
  • workers while they are at work in the business or undertaking.

Need to know – This duty extends to contractors that are engaged by a PCBU as they are considered a worker under the proposed legislation. It will be very important for Managers to make sure it is clear that:

  • Strata Owners are engaging workers to carry out work on behalf of the Strata Company.
  • Strata Managers are simply providing the instruction to the contractor from the Strata Company. Worker (Sections 4, 7)

The definition of a Worker includes:

Any person who carries out work in any capacity for a PCBU, including as an employee, a contractor or subcontractor, an employee of a contractor or subcontractor, an employee of a labour hire company assigned to work in the person’s business or undertaking, an outworker, an apprentice/trainee, a student gaining work experience, a volunteer.

Need to know – A worker was previously narrowly defined as an employee, the new provisions mean that PCBU’s can owe a duty of care to contractors and subcontractors they engage. Therefore it is very important for Owners and Managers to engage appropriately qualified, licensed and insured entities to carry out any work.

WHS Service Provider (Section 26A)

Businesses that provide Safety recommendations or other advice, testing or analysis, reports, plans, manuals, training or educational courses must ensure they are fit for purpose and will not put at risk the health and safety of persons who are at the workplace.

Need to know – Safety service providers in WA are being held to a high standard and may be held to account for poor advice. An example provided is a recommendation that is made on how to eliminate risks to health and safety at a workplace is inadequate for that purpose so that when the recommendation is implemented at the workplace the risks are not eliminated.

Insurance policies (Section 272 & 272A)

In the past it has been possible for companies and individuals to obtain insurance policies to cover the payment of fines for occupational Health and Safety breaches.

Need to know – the proposed legislation prohibits persons from attempting to indemnify themselves for their liability to pay a fine under the WHS legislation. The fines have also substantially increased, which means PCBU’s will need to pay significantly more than the costs of compliance with their obligations. Furthermore, the new legislation specifically prevents a person from entering into an agreement or contract that transfers their obligations to another.

Requirements for prescribed qualifications or experience (Section 44)

There are requirements for persons who carry out certain work at a workplace to be qualified or have the relevant experience to carry out that work.

Need to know – it is more important than ever to ensure that when work is done on the Common Property on behalf of a Strata Company that the contractor engaged is suitably licensed, insured and qualified to carry out the works for which they are being engaged.

You can access the Work Health and Safety Act 2020 here.

This article has been republished with permission from the author and first appeared on the LookUpStrata website.

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