13 Australian Privacy Consent

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Privacy consent
This precedent has been authored for LexisNexis by Karen Lee, Principal & Consultant, Legal Know-How.
This document is part of a LexisNexis suite of Banking and Finance Law precedents prepared with the assistance of Specialist Editors Geoff Geha Partner, Clayton Utz and Karen Lee, Principal & Consultant, Legal Know-How.
This precedent is current to August 2015.
Introductory note
This precedent is a privacy consent form.
Legislative background
The Privacy Act 1988 (Cth) (Privacy Act) regulates the handling of personal information about individuals, including the collection, use, storage and disclosure of personal information, as well as access to and correction of that information.
The Privacy Act includes 13 Australian Privacy …show more content…

Generally speaking:
• consent is an exception to the prohibition against personal information being handled in a particular way, for example, see APP 3 regarding the collection of personal information and APP 6 regarding the use and disclosure of personal information, or
• consent acts as an authority to handle personal information in a particular way, for example, see APP 7 regarding direct marketing and APP 8 regarding cross-border disclosure of personal information.
There are 4 key elements of consent, which can be either express consent or implied consent. They are:
• the individual is adequately informed before giving consent,
• the individual gives consent voluntarily,
• the consent is current and specific, and
• the individual has the capacity to understand and communicate their consent.
This form is intended to allow an entity such as a lender to deal with and handle personal information with consent. It is important to have a good working knowledge of the APPs in order to complete the variable text in this precedent to address any specific circumstances or …show more content…

Credit information includes the type and amount of credit provided to you, repayment history information, default information (including overdue payments) and court information. Personal information includes any information from which your identity is apparent. You can find out more about how we deal with your privacy by viewing our Privacy Policy at [webpage]. You can also contact us on [number] for a copy. If you do not provide us with this consent or provide us with your personal information, we may not be able to [name what the entity requires the personal information to do, such as to provide a particular service].
[name of entity] may collection, use, store and disclosure personal and credit information about you for the purpose of [list the purpose here, for example, managing an account, collecting payment, establishing a customer loyalty program, or direct marketing of products and services offered by the entity or an organisation the entity is affiliated with or represents]. If you do not wish to receive direct marketing information, please write to us at any time to decline. We will not charge you for giving effect to your

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