MDS Legal




MDS Legal's Commitment to Privacy

  1. MDS Legal is committed to protecting the privacy of those who access its Internet site and is committed to complying with the Privacy Act, 1988 and the associated National Privacy Principles ("the NPPs"). 
  2. It is important that readers of this statement note that MDS Legal may change its Internet Privacy Statement and Privacy Policy from time to time as part of MDS Legal's commitment to ensuring that it complies with all of its obligations under the NPPs. Persons who access the MDS Legal Internet site are urged to check to see whether MDS Legal has amended its Internet Privacy Statement or Privacy Policy by returning to this site from time to time.

Information collected on the MDS Legal Internet Site and use of that Information

  1. MDS Legal will only record your e-mail address if you send MDS Legal a message. That address will only be used for the purpose for which you have provided it and it will not be added to a mailing list or used for any other purpose without your prior consent.
  2. MDS Legal collects information on its Internet site when visitors to the site complete on-line forms or send e-mails from links that have originated from the Internet site. When information is provided to MDS Legal in this way that information will only be used for a purpose made known to you; a purpose you would reasonably expect; a purpose required, authorised or permitted by any law; or a purpose otherwise authorised by you.
  3. Persons who do not wish their personal information to be used for any particular purpose should not hesitate to advise MDS Legal of that fact. MDS Legal will respect those wishes.


  1. "Cookies" are pieces of information that websites transfer to an individual computer's hard drive for record-keeping purposes. The "cookie" assigns a unique identification that allows a website to recognise you when you return to that site.
  2. MDS Legal uses cookies so as to collect aggregated site-visitation statistics. This enables MDS Legal to ensure that it manages its website effectively so as to provide relevant content to those who access the site. MDS Legal does not track an individual's use of the Internet by using cookies and does not otherwise use these tools to obtain personally identifiable information on an individual.
  3. Most Internet browsers enable individuals to refuse to accept cookies. If an individual exercises such a choice you will still be able to view most of the text on the MDS Legal Internet site. However, you will not experience a personalised visit.

Link to Third Party Websites

  1. The MDS Legal Internet site may contain links to other websites. These other websites are conducted by Third parties and MDS Legal does not control the content or the information collected on these websites. You should refer to those websites directly or to the authors of those sites to obtain details of the privacy policies relevant to those web pages.

Further Information

  1. Should any person have any queries regarding MDS Legal's use of personal information in relation to its Internet site or have any other queries regarding MDS Legal's Privacy Policy he or she should not hesitate to contact MDS Legal's Privacy Officer, Paul Donovan.


  1. MDS Legal ("MDS") is committed to complying with its obligations under the Privacy Act, 1988 and the associated National Privacy Principles ("the NPPs").

Application of the NPPs to MDS

  1. MDS is bound by the NPPs as a consequence of it being an organisation with an annual turnover of more than $3 million and due to the fact that it derives a benefit, service or advantage by the collection or disclosure of information and opinions about individuals whose identity is apparent or can be ascertained. However, as with all organisations, the NPPs do not apply to the activities of MDS that directly relate to personal information of current or former employees when those records are used directly in connection with the employment relationship. Further, it should be noted that some exemptions are contained within the NPPs with respect to matters such as the disclosure of information relating to public health or public safety, the disclosure of information with respect to law enforcement enquiries and the disclosure of particular information relating to legal proceedings and negotiations.
  2. MDS, through its Privacy Officer, is happy to provide further details as to the extent to which it is required to comply with the NPPs should any person wish. Alternatively, further details of the obligations imposed upon private organisations under Australia's privacy laws can be obtained directly from the office of the Privacy Commissioner or by reference to the NPPs and the Privacy Commissioner's associated guidelines.

The types of personal information MDS holds

  1. MDS is a company that conducts a business that provides legal services to its clients. The kinds of personal information held by MDS include the following:
    1. Personal information collected in connection with MDS clients at the time that instructions are received by MDS and clients files are opened and as later required as part of the delivery of services by MDS to those clients;
    2. Information collected from members of the public regarding the affairs of MDS clients and other persons connected with litigation or files conducted by MDS on behalf of its clients;
    3. Information obtained by MDS through its internet site;
    4. Data obtained from suppliers, commercial partners and business contacts;
    5. Information collected from persons attending MDS seminars; and
    6. Information collected from persons applying for training courses conducted by MDS.

The main purposes for which MDS holds information

  1. MDS holds the information referred to above for the primary purpose of enabling it to conduct the services that it provides to its clients and the running of its business. In particular:
    1. MDS collects information from its clients so as to enable it to serve the interests of its clients by providing a range of legal services.
    2. Information collected from individuals and groups is used by MDS to provide advice to its clients and conduct its business;
    3. Information collected by MDS with respect to its Internet site is used to assist with the delivery of internet services and to provide data base records for MDS; and
    4. Information obtained by MDS with respect to seminars is used to assist MDS in the presentation of its clients and members of the public.
  2. MDS does not contract out services to third parties that involves disclosing personal information.

Contacting MDS regarding privacy matters

  1. If any individual wishes to obtain more information about the way in which MDS manages personal information it holds or make a complaint about MDS's activities with respect to privacy and the NPPs, the individual should make immediate contact with MDS's designated Privacy Officer, Paul Donovan. Paul Donovan and the senior management of MDS can be contacted at the following details:

MDS Legal
Level 2,
16 Irwin Street

Telephone: 08-9325 9353
Facsimile: 08-9221 2220

Accessing personal information held by MDS

  1. Pursuant to the NPPs persons are entitled to obtain access to personal information held by MDS with respect to that individual. Subject to the relevant exemptions contained in the NPPs and subject to an individual providing sufficient proof of his or her identity MDS will provide access to information that it holds relating to an individual. MDS will charge a fee in most instances for the provision of this information based on the administrative cost of supplying the information requested. Further details as to these costs can be obtained by contacting the MDS Privacy Officer.
  2. MDS requests, for the purposes of clarity, that any requests for access to personal information be made in writing addressed to the MDS Privacy Officer, Paul Donovan.
  3. MDS will generally provide access to information by providing to the individual concerned copies of relevant documents. Where, for reasons of volume or otherwise, providing copies of documents is not practical, MDS will make arrangements for the individual concerned to attend at MDS's offices to carry out a physical inspection.
  4. Wherever possible, MDS will provide copies of documents or access to the information that it holds with respect to an individual within 14 days of the receipt of the relevant request. In the case of more complex requests MDS will endeavour to provide access to the information within a period of 30 days.
  5. If individuals believe that information held relating to them is incorrect they are entitled to request that MDS corrects that information.
  6. Should MDS believe that it is entitled to refuse a request to access information or to make corrections it will provide written reasons for its decision.

Further information

  1. Should any client of MDS or client of the public wish to obtain further information with respect to the type of personal information MDS holds, the purposes for which MDS uses that information and/or the way in which MDS manages that information, that person should not hesitate to contact MDS's Privacy Officer at the contact details set out above.