Privacy

The Victorian Desalination Project through the Department of Sustainability and Environment (DSE) is committed to protecting personal information provided by you in accordance with the Information Privacy Principles set out in the Information Privacy Act 2000 (Vic).

The contact details you provide may be collected, used and disclosed by DSE for the purpose of contacting you to provide information about the Victorian Desalination Project. Your contact details may be disclosed by DSE to AquaSure Pty Ltd (and organisations associated with AquaSure Pty Ltd) for the same purpose.

Your personal information will not be disclosed to, or used by any other individuals or organisations unless required or authorised by or under law. You are able to access to your personal information held by DSE by contacting DSE at desalination.project@dse.vic.gov.au or PO Box 500 East Melbourne 3002. If you have any concerns or wish to have your contact details removed from DSE’s database, please advise DSE in writing at the contact details provided above.

Explanatory note regarding operation of Victorian Desalination Project Memorandum of Understanding (MoU)

The State has entered into a Project Deed with AquaSure to design, build, finance, operate and maintain the Victorian Desalination Project as a Public Private Partnership in accordance with the Partnerships Victoria Policy. The Project Deed is the main legal instrument binding the parties and under the Project Deed AquaSure is obliged to comply with all laws including the Information Privacy Principles set out in the Information Privacy Act 2000.

The Memorandum of Understanding (MoU) documents the agreement between Victoria Police, the Department of Sustainability and Environment (DSE) and AquaSure in relation to the Project and the enforcement of law as applied to the Project. The MoU was developed to provide a framework in accordance with relevant law to assist AquaSure to exercise its lawful rights of entry on to land for the plant site, pipeline and power supply in order to ensure the completion of the project. The MoU is designed to operate in support of the Project Deed and all applicable law.

While AquaSure has a right to enter and work on the land, understandably it has not been transferred any specific power to enforce the law or prosecute persons who commit offences in relation to the Project. Those powers rest with government agencies.

The MoU outlines the responsibilities of the respective parties, and the conditions under which Victoria Police or DSE would attend, and if necessary, use their powers to assist in enforcing the law. It also outlines the measures to be taken in the protection of Law Enforcement Data.

Victoria Police, DSE and AquaSure recognise the right to free speech, peaceful assembly and protest. The MoU does not seek to prevent or preclude lawful protest action but rather to establish an appropriate risk management framework between Victoria Police, DSE and AquaSure.

Execution of the MoU requires compliance with Law Enforcement Data Security requirements. DSE will not transmit any Law Enforcement Data to AquaSure. DSE has developed and implemented secure protocols and procedures for the management of any such information. The procedures and protocols were advised to Victoria Police and the Commissioner for Law Enforcement Data Security for comment before being finalised.

Victoria Police, AquaSure and DSE have confirmed that Clause 8 does not compel Victoria Police to share Law Enforcement Data with DSE or AquaSure or confer a right on DSE or AquaSure to demand it. Victoria Police, DSE and AquaSure have agreed that the only reasons for transmitting Law Enforcement Data is if there is danger to life or property, or if a prosecution is being pursued by Victoria Police or DSE under its lawful powers. Clause 8 of the MoU was incorporated at the request of Victoria Police in order to ensure that the security of any Law Enforcement Data was protected.

The Standard Operating Procedures were also developed by Victoria Police and under the MoU, DSE is not and will not collect information, records or data on the movements of individuals or groups.