Session 2 Legislation and legal issues
Legislation
What legislation is relevant for running an event?
Class Activity 1
Whiteboard activity
What legislation is relevant for libraries, museums and galleries that run special events?
Write any legislation, policies, or procedures that you think might be relevant when running an event or presentation.
Here is my list!
Think about these issues. Are there laws and/or regulations that govern these?
- Privacy
- Anti - Bullying
- Discrimination
- Work Health and Safety
- Copyright and Intellectual Property
- Environmental protection
- Marketing and promotion
Are any of them still relevant if the event is held as an online event?
Privacy
The Privacy Act 1988 regulates the way individuals’ personal information is handled.
As an individual, the Privacy Act gives you greater control over the way that your personal information is handled. The Privacy Act allows you to:
- know why your personal information is being collected, how it will be used and who it will be disclosed to
- have the option of not identifying yourself, or of using a pseudonym in certain circumstances
- ask for access to your personal information (including your health information)
- stop receiving unwanted direct marketing
- ask for your personal information that is incorrect to be corrected
- make a complaint about an organisation or agency the Privacy Act covers, if you think they’ve mishandled your personal information
Privacy Principles
Victoria Legislation
In Victoria, you have privacy rights under the Privacy and Data Protection Act 2014 (Vic) (PDP Act).
The PDP Act contains 10 Information Privacy Principles (IPPs) that outline how Victorian public sector organisations must handle your personal information.
Principle 1 – Collection
Principle 2 – Use and Disclosure
Principle 3 – Data Quality
Principle 4 – Data Security
Principle 5 – Openness
Principle 6 – Access and Correction
Principle 7 – Unique Identifiers
Principle 8 – Anonymity
Principle 9 – Transborder Data Flows
Principle 10 – Sensitive Information
What information is covered?
Under the PDP Act, personal information is information or an opinion about you where your identity is clear or where someone could reasonably work out that it related to you.
Personal information can include:
- your name;
- email address;
- postal address;
- phone number;
- signature;
- fingerprint;
- photographs or surveillance footage of you;
- comments written about you; or
- your financial details.
To be considered personal information, the information or opinion must be recorded. It will be considered personal information regardless of whether it is true or not.
Some personal information is considered particularly sensitive, and these types of information are subject to higher protections under the PDP Act.
This includes information about your:
- race or ethnicity;
- political opinions;
- membership to a political association;
- religion;
- philosophical beliefs;
- membership to a professional or trade association;
- membership to a trade union;
- sexual preferences or practices; or
- criminal record.
Which organisations have to comply with the PDP Act?
The PDP Act applies to Victorian government departments, Ministers, local councils, statutory offices, government schools, universities, and TAFEs.
The PDP Act also applies to private sector and not-for-profit organisations when they handle your personal information on behalf of a Victorian public sector organisation. We refer to these as contracted service providers.
Class Activity 2
How will the Australian and Victorian Privacy Acts change the way you might run an event?
Bullying and Discrimination
This is covered under the Victorian Equal Opportunity and Human Rights Commission
Our vision
Our vision is for a fair, safe and inclusive Victoria where every person is respected and treated with dignity.
Our mission
Our mission is to engage and influence law and policy makers, institutions, communities and individuals to protect and promote human rights in Victoria.
Our values
In everything we do, we embrace creativity, accountability, rigour and empathy. These values describe the way we act with our colleagues, our partners and the people and communities that we work with.
Creativity
We know that to solve difficult problems, we need to have the courage to imagine original and creative solutions. We do this through learning from others, seeking inspiration and trying new approaches.
Accountability
We work responsibly to achieve our objectives in an impartial and transparent way. We seek to achieve the best use of our resources and to continually improve. We accept responsibility for our actions and hold ourselves and others to account.
Rigour
We apply critical thinking and thorough analysis to our work, ensuring it is considered, accurate and well-reasoned.
Empathy
We understand that people experience the world in different ways and have different stories to tell. Listening intently and respectfully allows us to question our own assumptions about what is fair and see problems from different perspectives.
Individuals’ rights are protected in Victoria by three laws: the Equal Opportunity Act 2010, the Racial and Religious Tolerance Act 2001 and the Charter of Human Rights and Responsibilities. These laws prohibit discrimination, sexual harassment, racial and religious vilification, and victimisation. They also outline how human rights should be protected and promoted. The Commission can give you information so you can better understand your rights, or help you resolve a complaint.
Have a look at the various Hubs and the Human Rights for Individuals:
Class Activity 3
How are these laws relevant for running, presenting and promoting an event?
What other legislation may cover Bullying and Discrimination?
Work Health Safety and Copyright
You cover both WHS and Copyright with Mathew so I won't go into too much detail here.
Class Activity 4
From what you know about Work Health Safety, do you think it may cover an event or presentation? How?
What about Copyright? What things do you think are covered under Copyright Legislation and how would it affect the running, presenting and promoting of an event?
Are WHS and Copyright relevant for presenting an online event?
Class Activity 5
Watch this video and think about how you might be able to make it safer/suitable for all age groups.
What about this video? Do you think it complies with any relevant Legislation?
Environmental Legislation
Class Activity 5
Have a look around the EPA website. Are there any considerations that you might need to take into account when planning and presenting an event, activity or public program?
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