Privacy Policy
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1.1 Balfour Meagher Pty Ltd (ACN 621 980 523) (“Balfour Meagher”, “we”, “us”, “our”) understands that privacy and how we collect, use, disclose, store and protect your personal information is important to you. We are committed to ensuring the privacy of your information and to complying with:
1.2 In this Privacy Policy, “personal information” has the meaning given to it in section 6 of the Privacy Act — that is, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
“Sensitive information” is a subset of personal information and includes information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information, biometric information or biometric templates.
2.1 Balfour Meagher is an independent, Australian commercial and corporate law firm. The types of personal information that we collect will depend on the nature of your dealings with us. We may collect personal information from you when you:
2.2 The personal information we may collect includes:
2.3 Sensitive Information
We will not collect sensitive information about you unless:
Examples of sensitive information we may collect include health information (in personal injury or estate matters), criminal history (in criminal law or employment matters), and information about racial or ethnic origin (in discrimination matters).
2.4 How We Collect Personal Information
We collect personal information:
1.1 We collect and use personal information for the following purposes:
1.2 We will not use your personal information for a purpose other than the purpose for which it was collected (the “primary purpose”), unless:
Balfour Meagher does not sell, rent or trade personal information about you to or with third parties.
We may disclose your personal information to the following categories of recipients where reasonably necessary for the purposes described in Section 2:
2.1 External Service Providers
We may disclose personal information to external service providers who assist us in operating our business and providing services to you, including:
Where we engage external service providers, we take reasonable steps to ensure they comply with the APPs and are authorised only to use personal information for the limited purposes specified in our agreement with them.
2.2 Regulatory and Government Bodies
We may disclose personal information to regulatory and government bodies where required or authorised by law, including:
2.3 Professional Indemnity and Cyber Insurers
We may disclose personal information to our professional indemnity insurer (Law Mutual WA) and our cyber liability insurer where required for the purposes of obtaining or maintaining insurance coverage, or in connection with a claim or potential claim.
2.4 Other Parties to Your Matter
In the course of acting on your instructions, we may disclose personal information to other parties involved in your matter, including opposing parties, their legal representatives, financial institutions, and settlement agents.
2.5 Disclosures Required or Permitted by Law
We will disclose personal information where required or permitted by law, including in response to court orders, subpoenas, statutory demands, or regulatory investigations.
2.6 Overseas Disclosure
Balfour Meagher stores all client data within Australian data centres. We do not transfer personal information overseas unless:
As at the date of this policy, our primary data storage and cloud infrastructure providers maintain all servers within Australia, ensuring data sovereignty.
Balfour Meagher takes the security of your personal information seriously. We have implemented comprehensive technical and organisational measures to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure.
3.1 Technical Controls — ‘Essential Eight’ Framework
We have implemented the Australian Cyber Security Centre’s (ACSC) Essential Eight cybersecurity framework at Maturity Level 2, which includes:
3.2 Encryption and Data Sovereignty
All electronic client data is stored within encrypted cloud infrastructure located exclusively in Australian data centres, ensuring full data sovereignty. Data is encrypted both in transit (using TLS 1.2 or higher) and at rest (using AES-256 encryption).
3.3 Physical Security
Our office premises are secured with restricted access. Physical documents in safe custody are stored in fireproof vaults, logged electronically, and secured against fire and theft.
3.4 Personnel Controls
All Balfour Meagher employees are required, as a condition of employment, to treat personal information held by the firm as confidential. Staff are bound by contractual privacy obligations and must complete annual cybersecurity awareness training.
3.5 Endpoint Detection and Response (EDR)
EDR software is deployed on all endpoints across our network, monitored by our managed security services provider.
3.6 Email Security
We utilise advanced email filtering software to scan all inbound and outbound email messages, filtering spam and malicious content. We conduct regular simulated phishing exercises to test staff awareness.
3.7 Cyber Insurance
Balfour Meagher maintains comprehensive cyber liability insurance to provide financial protection in the event of a data breach or cyber incident.
3.8 Business Email Compromise (BEC) Protections
We operate a Two-Factor Verbal Verification Protocol for all payment instructions. Our trust account details will never be modified via email. Any change to banking details must be verified by direct telephone call to a known number.
In accordance with Part IIIC of the Privacy Act, Balfour Meagher is subject to the Notifiable Data Breaches (NDB) Scheme.
If we become aware of a data breach that is likely to result in serious harm to any individual whose personal information is involved, we will:
Our IT Compliance Officer is responsible for managing our data breach response in accordance with our Incident Response Plan.
Balfour Meagher uses technology, including artificial intelligence (AI) tools, to assist in the delivery of legal services.
In accordance with the Privacy and Other Legislation Amendment Act 2026 (Cth), we provide the following information about our use of automated decision-making:
5.1 How We Use AI
We may use AI-assisted tools for:
5.2 Human Oversight
No legal advice, legal document, or decision that significantly affects your rights or interests is generated solely by an automated system. All AI-assisted outputs are subject to independent review and verification by a qualified legal practitioner before being provided to you or relied upon in any way.
5.3 Data Protection in AI Usage
We maintain a Zero Client-Data Leakage policy. Raw client information, sensitive corporate structures, trade secrets, or confidential data are never uploaded into public AI platforms or non-enterprise tools where data may be ingested for model training. We only use enterprise-grade AI applications that feature guaranteed data sovereignty and zero-retention API configurations.
5.4 Hallucination Verification
AI models may generate inaccurate information (known as “hallucinations”). No AI-generated draft, research note or citation may be delivered to a client or used in any legal proceeding without every factual assertion and legal citation being independently verified against authorised primary sources.
5.5 Your Rights Regarding Automated Decisions
You have the right to:
To exercise these rights, please contact our Privacy Officer using the details in Section 16 below.
Under the Privacy Act, you have the right to:
6.1 How to Request Access or Correction
6.2 Exceptions to Access
We may refuse to provide access to personal information in limited circumstances permitted by the Privacy Act, including where:
7.1 Information Collected via Our Website
When you visit our website (www.bmlegaladvisors.com.au), we may automatically collect the following information:
7.2 Cookies
A “cookie” is a small data file stored on your computer or mobile device by our web server. We use cookies to:
7.3 Types of Cookies We Use
| Cookie Type | Purpose |
|---|---|
| Strictly Necessary | Required for the website to function (e.g., session management) |
| Analytics | Help us understand how visitors use our website (e.g., Google Analytics) |
| Functional | Remember your preferences and settings |
| Marketing/Advertising | Deliver relevant advertisements and track campaign effectiveness |
7.4 Third-Party Analytics
We use Google Analytics (and similar tools) to collect anonymised data about website usage. Google Analytics uses cookies to generate statistical information. Google’s privacy policy is available at https://policies.google.com/privacy.
7.5 Managing Cookies
You may manage or disable cookies through your browser settings. Most browsers allow you to:
Please note that if you disable all cookies, some features of our website may not function correctly.
7.6 Do Not Track
Our website currently does not respond to “Do Not Track” browser signals. However, you may opt out of targeted advertising by adjusting your cookie preferences.
7.7 Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the privacy practices of those websites and recommend that you review their privacy policies independently.
If you believe that we have breached the APPs or otherwise mishandled your personal information, you may lodge a complaint with us.
8.1 How to Complain
Please set out your complaint in writing, including:
Forward your complaint to our Privacy Officer using the contact details in Section 16 below.
8.2 Our Complaints Process
8.3 Escalation to the OAIC
If you are not satisfied with our response, or if we have not responded within 30 days, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC):
8.4 Legal Practice Board of Western Australia
If your complaint relates to our conduct as legal practitioners, you may also contact the Legal Practice Board of Western Australia:
Balfour Meagher collects personal information about individuals who apply for employment with us. The information we collect includes:
We may collect this information directly from you or indirectly from recruitment agencies, referees, or publicly available professional profiles.
We use this information to assess your eligibility and suitability for employment. We may retain your information to assess your suitability for future roles, unless you request otherwise.
We do not disclose job applicant personal information to any third party, except:
All job applicant personal information is stored in Australia and is not accessible to third parties located outside Australia.
We retain personal information only for as long as is necessary to fulfil the purposes for which it was collected, or as required by law.
10.1 Retention Periods
| Category | Minimum Retention Period |
|---|---|
| Client matter files (general) | 7 years from matter closure |
| AML/CTF records | 7 years from the end of the client relationship |
| Trust account records | 7 years from the date of the transaction |
| Wills, Powers of Attorney, original deeds | Indefinitely (safe custody) |
| Job applicant records (unsuccessful) | 12 months from decision |
| Marketing and subscription data | Until consent is withdrawn |
| Website analytics data | 26 months (anonymised) |
These retention periods are prescribed by the Law Society of Western Australia, the Legal Profession Uniform Law (WA), the AML/CTF Act, and the Taxation Administration Act 1953 (Cth).
10.2 Destruction
Once the applicable retention period has expired:
10.3 Your Right to Request Erasure
You may request the destruction of your personal information from our marketing databases and non-essential systems at any time. However, we cannot delete data that:
We may use your personal information to send you communications about legal developments, seminars, publications, and services that may be of interest to you. We will only do so where:
11.1 Opting Out
You may opt out of receiving direct marketing communications at any time by:
We will process your opt-out request within 5 business days. Opting out of marketing communications will not affect communications that are necessary for the conduct of your legal matter.
We comply with the Spam Act 2003 (Cth) in relation to all commercial electronic messages and the Do Not Call Register Act 2006 (Cth) in relation to telemarketing.
As a reporting entity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), Balfour Meagher is required to collect, verify and retain certain personal information for the purposes of:
Personal information collected solely for AML/CTF purposes will be:
We may disclose AML/CTF-related personal information to AUSTRAC without your knowledge or consent where required by law. We are prohibited by law from informing you if a suspicious matter report has been made.
Balfour Meagher does not knowingly collect personal information from individuals under the age of 18 without the consent of a parent or legal guardian, except where:
Where we collect personal information about a child, we will take reasonable steps to ensure that a parent or legal guardian is informed and has provided consent (where required).
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements or other factors.
When we make material changes to this Privacy Policy, we will:
We encourage you to review this Privacy Policy periodically. The current version will always be available on our website.
If you have any questions, comments or requests regarding this Privacy Policy or our handling of your personal information, please contact our Privacy Officer:
This Privacy Policy applies to Balfour Meagher Pty Ltd (ACN 621 980 523, ABN 85 621 980 523).
This Privacy Policy is governed by the laws of the Commonwealth of Australia and the State of Western Australia. Any disputes arising in connection with this Privacy Policy are subject to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.
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