AGWA Privacy Policy
Privacy Statement
The Art Gallery of Western Australia (AGWA) is committed to protecting your privacy in line with the obligations of the Privacy and Responsible Information Sharing Act 2024.
AGWA collects and stores personal information in order to provide our services or to fulfill administrative functions associated with these services. AGWA takes reasonable steps to ensure that the personal information that AGWA holds is kept confidential and secure.
The following Privacy Policy explains when and why we collect personal information and how we handle this information.
By engaging with the Art Gallery of Western Australia, you accept and agree to this Privacy Policy. Our Privacy Policy does not apply to any third-party websites, services or applications.
AGWA Privacy Policy
1. Purpose
This Privacy Policy aims to:
• communicate AGWA information handling practices;
• enhance the transparency of AGWA operations; and
• give individuals a better and more complete understanding of the personal and sensitive information AGWA holds and how AGWA deals with that information.
2. Scope
This Privacy Policy (the Policy) applies to any personal and sensitive information collected, held, used, disclosed, secured, stored, and protected by AGWA.
3. Definition of Terms
AGWA: The Art Gallery of Western Australia, a West Australia Government agency established in accordance with the Art Gallery Act 1959.
Personal information: Information or an opinion about an identified, or reasonably identifiable individual.
Policy: A statement of the mandatory principles guiding an organisation’s operations and significant decision-making.
PRIS: The Privacy and Responsible Information Sharing Act 2024.
Sensitive information: A subset of personal information, which includes information or an opinion about an individual’s health, genetics, race, ethnicity, political opinion or association, religion, philosophical beliefs, union membership, sexual preference, and criminal record.
4. Policy Requirements
4.1. What privacy law does AGWA comply with?
The Privacy Act 1988 (Cth) (Privacy Act) applies to Commonwealth government agencies and many other businesses. Schedule 1 of the Privacy Act sets out 13 Australian Privacy Principles (APPs) which regulate the collection, use, disclosure and storage of personal information by such entities, as well as how individuals can access and correct personal information about them that is held by an entity.
The Privacy Act does not currently extend to State Government agencies (other than with respect to their handling of Tax File Numbers), nor is there currently WA legislation implementing a data privacy regime. Until such time as more substantial guidance and/or legislative measures are available, agencies should ensure their actions are consistent with applicable APPs with primary emphasis upon Principle 6 – ‘use or disclosure of personal information.’
AGWA therefore complies with the State Government of Western Australia’s Interim Privacy Position when dealing with personal and sensitive information to the extent possible and where the information is not regulated by other laws or confidentiality obligations.
Some information collected by AGWA may be protected by confidentiality and disclosure obligations under the Art Gallery Act 1959 or other State legislation. These provisions contain rules for the collection, use and disclosure of information (which may include personal information) and generally override AGWA’s obligations under the Interim Privacy Position and the APPs.
4.2. How AGWA collects personal information
AGWA only collects personal information for purposes reasonably necessary for or directly related to the agency’s functions or activities.
AGWA collects personal information directly from individuals’ or their authorised representative(s) through (among other ways):
• Forms;
• Correspondence;
• interactions in person, online or over the phone;
• surveys or questionnaires;
• partner and service providers;
• events hosted by AGWA; and
• AGWA website and social media channels.
AGWA may also collect personal information from other sources including:
• third parties where it is unreasonable or impractical to collect it from the individual; and
• a publicly available source.
Third parties may include other Commonwealth, State and Local government agencies, law enforcement agencies, foreign governments, sponsors, legal or medical practitioners, organisations that a person has nominated, education providers, employers, and members of the public who contact us with information.
4.3. Kinds of personal information collected by AGWA
Examples of the types of personal information AGWA may collect include:
• an individual’s name, address and contact details;
• information about a person’s identity (e.g. date of birth, country of birth, passport details, visa details, drivers’ licence, birth certificates);
• information about an individual’s personal circumstances (e.g. marital status, age, gender, occupation, accommodation and relevant information about their partner or children);
• information about a person’s financial affairs;
• information about a person’s employment (e.g. work history, referee comments, remuneration);
• information about a person’s background (e.g. educational qualifications, the languages they speak and their English proficiency);
• government identifiers (e.g. Centrelink Reference Number or Tax File Number);
• photographs, video recordings, and audio recordings;
• voice print and facial recognition biometrics;
• location information from a mobile device; and
• information recorded by the AGWA webserver when an individual visits the AGWA website, including the individual’s:
o server address
o top level domain name (e.g. .com, .au, .gov)
o the date and the time of the visit to the site
o the pages accessed and downloaded
o the address of the last site visited
o operating system
o the type of browser in use
4.4. Purposes for which AGWA collects and holds personal information
AGWA collects personal information (other than sensitive information) where it is reasonably necessary for one or more of its functions and activities, including:
• performing employment and personnel functions in relation to staff and contractors;
• performing legislative and administrative functions;
• policy development, research, and evaluation;
• complaints handling;
• program management;
• managing correspondence with the public; and
• providing services to the community, such as events bookings for AGWA activities.
AGWA will only collect sensitive information about an individual if the individual consents to the sensitive information being collected, except in limited circumstances permitted under the Privacy Act (e.g., where authorised by an Australian law or court/tribunal order).
In some circumstances, members of the public may have the right to remain anonymous or adopt a pseudonym when dealing with AGWA, for example when completing some online forms.
If an individual chooses not to provide personal information, AGWA may not be able to provide access to parts of the AGWA website or to certain content, products, and services available on or from the AGWA website or generally from AGWA.
4.5. Purposes for which AGWA uses and discloses personal information
AGWA will generally only use and disclose personal information for the purpose for which it was collected (primary purpose). Primary purpose refers to the particular purpose for which the information in question was collected.
AGWA may use or collect the information for another purpose, and for (secondary purpose) where permitted under the APPs, for example where:
• the individual has consented to the use or disclosure;
• the individual would reasonably expect the entity to use or disclose their personal information for the secondary purpose, and that purpose is related to the primary purpose of collection, or, in the case of sensitive information, directly related to the primary purpose;
• the use or disclosure is required by or under an Australian law or a court/tribunal order;
• a ‘permitted general situation’ exists, such as lessening or preventing a serious threat to life, health, or safety, locating a missing person or to undertake a confidential alternative dispute resolution process; or
• AGWA reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conduct by or behalf of an enforcement body.
4.6. How AGWA protects personal information
AGWA takes reasonable steps to ensure that the personal information that AGWA holds is kept confidential and secure, including by:
• maintaining robust physical security of its premises;
• maintaining robust security of its electronic systems;
• limiting access to certain information to only those who require it; and
• having robust cyber security measures in place.
4.7. Use of aggregate data
AGWA may use personal information in aggregate form to improve our services and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising, or research purposes.
4.8. Parties who will have access to personal information
Generally, personal information will only be accessed by AGWA employees when and where it is appropriate or necessary. However, personal information may also be accessed, from time to time, by various organisations, including AGWA partners and suppliers.
Where a party, other than an employee of AGWA has access to the personal information of individuals, they will be required to comply with the Privacy Act 1988 (Cth) including the Australian Privacy Principles contained in the Privacy Act and, where appropriate, to enter into privacy agreements with AGWA.
AGWA will endeavour to ensure the personal information it collects, uses, or discloses is accurate, complete, and up to date.
The Freedom of Information Act 1992 (WA) (FOI Act) provides individuals with the right to access certain information held by AGWA.
The FOI Act also provides individuals with a right to apply for amendment of their personal information, or the personal information about a dead person where the applicant is the dead person’s closest relative, if the information held by AGWA is inaccurate, incomplete, out of date or misleading.
5.1. Retention and destruction of personal information
The retention and destruction of records of personal information held by the Western Australian Government is governed by legislation, including the State Records Act 2000 (WA), and supporting policies and procedures.
AGWA will not keep personal or sensitive information for longer than is needed. In most cases, this means that AGWA will only retain personal information for the duration of an individual’s relationship with AGWA, or where it is no longer required for the purpose for which it was collected, unless AGWA is required to retain personal information to comply with applicable laws and policies.
5.2. Complaints
If a person has a complaint about how AGWA has handled their personal information, or wishes to allege a breach of the APPs, they may do so by lodging a complaint. The complaint will be dealt with in accordance with the PRIS Grievance Policy.
Information on how to contact AGWA is available on the AGWA webpage.
6.1. Principal Officer
The AGWA Director Officer (Principal Officer) is ultimately accountable for compliance with the PRIS Act and related privacy obligations. The Principal Officer will:
• Ensure AGWA maintains appropriate privacy governance artifacts, including policies, breach protocols, and training programs.
• Oversee reporting of serious breaches to the Office of the Information Commissioner from 1 January 2027.
Freedom of Information Act 1992 (WA)
Privacy Act 1988 (Cth)
State Records Act 2000 (WA)
Approved, The Board of the Art Gallery of Western Australia, April 2026
Problems or questions
if you have any queries relating to this Privacy Policy, or you have a problem or complaint, please contact:
The Art Gallery of Western Australia
Perth Cultural Centre
Perth WA 6000
Australia
Perth WA 6000
Email: admin@artgallery.wa.gov.au
Phone: 08 9492 6712
