The Australian National Contact Point for Responsible Business Conduct (AusNCP) helps resolve complaints involving multinational enterprises that operate in or from Australia, and the consistency of their conduct with the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The Treasury acts as the secretariat for the AusNCP.
This privacy notice applies to the AusNCP’s collection and holding of personal information, including sensitive information.
The AusNCP must collect some personal information to progress your complaint. If you do not provide enough information, we may be unable to progress your complaint.
Who we can disclose your information to
We may disclose personal information you submit to the AusNCP, including sensitive information, to:
- the multinational enterprise you are complaining about
- the general public, in accordance with our complaint procedures, through:
- our website
- AusNCP statements, that draw on or extract information you have provided to us (you will have an opportunity to review these statements before they are published)
- the OECD’s National Contact Points for Responsible Business Conduct Database (which will only contain personal information that has been published elsewhere).
- AusNCP Independent Examiners, the AusNCP Secretariat and Treasury legal counsel
- the AusNCP Governance and Advisory Board
- other relevant National Contact Points (for Coordination of your complaint)
- other relevant authorities, where the AusNCP determines this is necessary to deter or respond to reprisals.
Protecting your identity
The AusNCP complaint procedures allow for the anonymous filing of complaints via a third party in certain circumstances, including where there may be risks to an individual’s safety or a risk of reprisals. Notifiers acting on behalf of others should be able to demonstrate their authority to do so, and provide evidence to support their represented party’s request for anonymity.
Your consent that APP 8.1 will not apply
Some of the entities we may disclose your personal information to are overseas.
Australian Privacy Principle (APP) 8.1 requires Treasury to take reasonable steps to ensure that an overseas recipient does not breach the APPs.
However, APP 8.1 will not apply if the individual or entity to whom the information relates consents to APP 8.1 not applying.
In submitting any information to the AusNCP, please be aware that you are consenting in advance:
- to the AusNCP potentially disclosing your personal information, or the personal information of those who you are authorised to represent, to overseas entities (as listed under ‘Who we can disclose your information to’ above)
- that APP 8.1 will not apply to our disclosure to those overseas entities.
This means that a relevant overseas entity that the AusNCP discloses information to in these circumstances will not be accountable under the Privacy Act 1988, and the individual or entity to whom the information relates will not be able to seek redress from the overseas entity under the Privacy Act 1988.
Contact us
If you have concerns about the above, or wish to enquire about remaining anonymous in your complaint, please contact the AusNCP Secretariat before submitting your complaint.
For information about how to request access to or correct your personal information, or how to make a privacy complaint, please refer first to the Treasury’s privacy policy.