Why has my personal information been shared with a third party? 

As part of the legal obligations under the Corporations Act 2001, the AASW must provide access to the members’ register when requested by members and, where applicable, payment of the prescribed fee. This register includes your name, address, and email address. The inclusion of your email address follows a court ruling (Supreme Court of Victoria decision in Lawrence v Melbourne Football Club Ltd, 2022). 

What data has been shared? 

The member register is location-specific in that the data relates to a branch member register of the local state or territory of the requestor.  

This means, for example, that if an individual in Tasmania applied for the members register for the Tasmanian branch, upon meeting the legal requirements to view and receive a copy of the register and upon payment of the prescribed fee, the person receives only the register of Tasmanian members, not the information of members of all states and territories. Members who have lodged legally accepted requests and received their local branch member register live in Tasmania, North Queensland and Queensland. 

New South Wales, the Northern Territory, Western Australia, South Australia, the Australian Capital Territory and Victoria have not had any information shared as of 11 10 2024. 

Who will contact me using this information? 

We’re unable to share the names of the individuals who have received your name, address and email address from a branch member register.  A member who legally requests the data can contact you for any purpose but not for prohibited purposes (such as soliciting donations, offering you a financial product or selling or offering for sale any goods or services). Any official communications from the AASW will always come from our official channels. 

Why wasn’t I informed before the data was provided to the requestor? 

In this instance, we were legally compelled to provide an extract of some data from the members’ register upon request (and payment of the prescribed administrative fee). We attempted to prevent this action. Due to legal constraints and procedural requirements, we contacted affected members as soon as possible. We understand your concern. At the AASW, we prioritise the protection of our members’ data and communication preferences. 

How can I opt out, and can I opt out of having my data shared from now on?  

We’re sorry to say you are not able to as it’s a law applicable to all organisations governed by the Corporations Act 2001. You can opt out of receiving promotional emails, and third-party communications should adhere to the Spam Act, which mandates providing you with the ability to opt-out. In both cases, the option to opt-out should be provided in the email and made easy to do.   

The Association is legally required to maintain a register of members, and even if you opt out of receiving marketing communications, the Association is legally obliged to provide a name, address, and email address to any member who submits a valid request (and pays the administration fee for) a copy of the members’ register. Sharing branch-related member register data is not an action that the AASW has taken by choice.

Can I access the data myself?  

No. The data can only be provided to a member who makes a valid request under the Corporations Act and pays the prescribed administration fee. Access to the data is subject to strict parameters and conditions governing its use and access. 

How does this affect me?   

This should not impact you adversely. Although the information can be used for any purpose, it cannot be used for prohibited purposes (such as soliciting donations, offering you a financial product or selling or offering for sale any goods or services) Strict legal protections are in place to ensure your personal details are not used for any other reason.

What legal protections are in place for my personal data?   

Your personal data is safeguarded by the following laws: 

• Privacy Act 1988: This ensures that your contact information can only be used for the specific purpose for which it was provided. It cannot be used for anything else without your consent

• Spam Act 2003: Protects you from receiving unsolicited communications. Members can only send AASW-related communications, and you can easily opt-out if desired

• Defamation Act 2005: Protects you from any defamatory misuse of your personal information. Legal actions may be taken against anyone attempting to harm reputations or misuse the information. 

What steps has the AASW taken to protect my data?  

Before releasing any information, we requested that the members seeking access sign a Confidentiality Deed Poll, agreeing to use your data responsibly. None of the members in receipt of their branch member register signed the deed. Legal advice confirmed that we must still comply with the law. Your data still remains protected under the privacy and data protection laws. 

What should I do if I believe my information has been misused?   

If you suspect your personal details have been used for purposes not related to AASW relevant matters, please contact us immediately. We take any misuse of member data very seriously and will act swiftly to address any breaches of privacy laws. 

Is the AASW taking additional steps to ensure my privacy?   

Yes. We are committed to monitoring the situation closely to ensure that all parties involved adhere to ethical and legal standards throughout this process. We remain dedicated to protecting your privacy and maintaining the integrity of our members’ data. 

Why has this happened when I do not allow you to share my data? 

The AASW is legally obligated to share certain member information under the Corporations Act 2001, specifically your name, address, and email, when requested by another member who has followed the correct procedure. Unfortunately, opting out of this requirement is impossible, as it is mandated by law. 

I emailed you with a specific question: when should I expect to hear back? 

We understand your concerns and take them seriously. While we aim to respond promptly, detailed enquiries may take time to review and address comprehensively. You will receive a response as soon as possible, addressing your questions with accuracy and care. 

Why did they want the information? 

Members requesting access to the member register must confirm that the data will be used in line with the law for valid purposes, such as elections or member communications. Should you receive an email that you believe falls outside of this, send on to [email protected] and we’ll look into it. 

Have the AASW Membership numbers been reducing over the last few years? 

No. Audited membership numbers for the period from 30 June 2019 to 30 June 2024 have increased by 43.60 % as follows: 

30 June 2019 = 12,307 
30 June 2020 = 13,104 
30 June 2021 = 15,113 
30 June 2022 = 16,782 
30 June 2023 = 17,554 
30 June 2024 = 17,674* 

*to be reported in the 30 June 2024 Annual report  

What other organisations are under the Corporations Act 2001 and would need to follow the same rules with data sharing? 

 These organisations are governed by the Corporations Act and would have to share member data under similar legal circumstances:  
 

• Australian Medical Association (AMA)  

• Australian Psychological Society (APS)  

• Chartered Accountants Australia and New Zealand (CAANZ)  

• Engineers Australia  

• Law Institute of Victoria (LIV)  

• Australian Veterinary Association (AVA)  

• Certified Practising Accountants (CPA)  

Non-profits with corporate governance structures may also have to comply:  
 

• Australian Conservation Foundation (ACF)  

• Red Cross Australia  

This is by no means a complete list, we want to be clear this is not a breach of data or privacy, and that many organisations are in the same circumstances. 

If you still have a question, please contact us at [email protected] and we’ll respond to you directly as soon as we are able.