Conditions of Carriage
In these conditions unless the contrary intentions appears:-
shall mean the whole of the carriage performed or to be performed by TT-Line pursuant to this contract;
shall mean and include all personal baggage or effects or other luggage carried by the passenger named herein or carried hereunder;
shall mean and include all persons named herein (and without limiting the generality hereof shall include any accompanying driver) and any guardian, executor, personal representative, heir or child or person travelling with a passenger or in the care of a passenger and their respective guardians, executors, personal representatives and heirs;
shall mean the whole of the terms and conditions agreed with TT-Line for the performance of the carriage and shall include TT-Line's applicable tariff and all other arrangements and agreements entered into with TT-Line for the performance of the contract prior to the issue of this ticket;
shall mean the TT-Line Company Pty Ltd ABN 39 061 996 174 and include where the context so admits its servants, sub-contractors and agents and shall include also any company or ship owner carrying or performing under or in connection with this contract. It shall also extend to include the Master or other authorised representative of the aforesaid TT-Line Company Pty Ltd;
shall mean and include such motor car or motor cycle or other vehicle as described on the face hereof;
means and includes any vessel lighter or other craft used in connection with the performance of this contract and shall include any such vessel owned, chartered, operated or managed by the TT-Line;
shall mean the whole of the voyage performed or undertaken or to be performed or undertaken by TT-Line pursuant to this contract.
In these conditions unless the contrary intention appears:- Words importing the singular or plural number or the masculine gender shall, where the context permits include the plural or singular number or the feminine gender as the case may be.
- The TT-Line reserves the right at any time to substitute one vessel for another to abandon or alter any voyage either before the commencement or at any time during the course thereof to dispatch the vessel before or after the date or hour advertised or announced for her sailing from any port to deviate from any advertised route for any purpose with liberty to sail without pilots, to proceed via any route, to proceed, return to and stay at any ports whatsoever (including the loading port) in any order in or out of the route or in contrary direction to or beyond the port of destination or often for bunkering or loading or discharging cargo or embarking or disembarking passengers luggage or accompanying vehicles whether in connection with the present, a prior or subsequent voyage or for any other purposes whatsoever, and to carry the within passengers, luggage and accompanying vehicles and cargo into and then beyond the port of discharge named herein and to return to and discharge any cargo at such port, or to tow or to be towed, to make trial trips with or without notice, to adjust compasses or to repair or dry dock with or without cargo on board. The exercise on any of the liberties contained in the clause shall form part of the agreed voyage.
- (a) This ticket is not transferable and shall be exhibited to (or surrendered to) any officer of employee of TT- Line on demand.
(b) In the event of the passenger to whom this ticket is issued travelling beyond the place for which the relevant fare has been paid, the passenger shall pay to TT-Line on demand additional fare that may be payable in respect of the journey actually travelled.
(c) No berth or seat is to be occupied by any passenger without prior allotment by an officer or employee of TT-Line.
- Maintenance on board at the current rates shall be payable by the passenger:
(a) During any quarantine involving the vessel.
(b) During any period of delay in departure in excess of 24 hours.
(c) In the event that any passenger has a through ticket and breaks or terminates his journey at an intermediate port, from the time of arrival at such port until he leaves the vessel.
- The passenger must bear:
(a) All expenses whilst awaiting the dispatch of the oncoming vessel in a passenger involving trans shipment.
(b) All quarantine expenses and all expenses occasioned by quarantine to the passenger.
(c) All expenses on shore when landed under the powers conferred by law or of this ticket.
(d) Cost of conveyance of the passenger, luggage and any accompanying vehicle to and from the vessel at all ports or places.
- (a) In case of quarantine passengers and their luggage and any accompanying vehicle may be transferred to such station or vessel as may be appointed by the Local Authority and upon such transfer the TT-Line's liability under this contract shall cease absolutely.
(b) If for any reason whatsoever (including but not limited to quarantine) any passenger is on carried by the TT-Line to any other port such passenger shall pay passage money at the usual rate charged to such port.
- In the event of the vessel being prevented by causes wholly or partly beyond the control of the TT-Line from reaching its named port of destination, or when for any cause whatsoever (Master's opinion of which shall be final) the vessel cannot safely enter or lie in any bar, harbour, or roadstead or passes any usual port of call en route, passengers for such ports with their luggage and any accompanying vehicle may be landed at the next practicable port of call and upon such landing TT-Line's liability under this contract shall cease absolutely.
- No passenger shall be allowed to embark if suffering from any mental, infectious or contagious disease. Any passenger who in the opinion of the Master (which opinion shall be final) is suffering from any disease or affliction (bodily or mental) unfit to proceed to his port of destination or likely to endanger the general health or safety of those on board, may be re-landed or put on shore at any port including the port at which that passenger embarked at that passenger's expense, but the TT-Line will, after the passenger is convalescent, provide the passenger with a passage to his port of destination on the first sailing of the vessel thereafter having room leaving for such port.
- Any passenger who in the opinion of the Master (which opinion shall be final) is or is likely to prove undesirable to the Master or the Authorities at the port for which such passenger may have booked or by reason of alcohol, drugs or otherwise is in such a state or misconduct's himself in such a manner as to cause annoyance or injury to persons shall not be allowed to embark and if already on board may be restrained or confined to a cabin or other controlled area without notice and without liability to the TT-Line for any consequential damage, loss, expense, loss of time or inconvenience howsoever caused and the TT-Line shall not be required to repay any portion of a fare paid by any such passenger and that passenger may be landed at any port or returned to the original port of embarkation at his own expense.
- Passengers in the opinion of the Master (which opinion shall be final) not complying with the Regulations established on board for their general comfort and safety without prejudice to any other liability incurred may be landed by the Master at any port or place or be otherwise dealt with as the Master may think fit and upon such landing TT-Line's liability under this contract shall cease absolutely.
- This ticket is valid for 12 months from the date of the forward journey of the vessel for which it was originally issued. Refunds will be made only at the sole discretion of the TT-Line.
- TT-Line may arrange with any other person or corporation to undertake the carriage hereby contracted for or any part thereof or any service ancillary thereto on any terms whatsoever including the conveyance of the passenger and the passenger's luggage and any accompanying vehicles to or from TT-Line's vessel.
- Children under 16 years of age must be accompanied by an adult.
- Animals and birds will not be accepted for carriage by the TT-Line pursuant to or ancillary to this contract. Animals and birds will only be carried by prior arrangement with the TT-Line and only in accordance with the TT-Line's terms and conditions for the carriage of freight in accordance TT-Line's tariff.
- (a) TT-Line its servants agents and contractors shall be under no liability whatsoever to the passenger as defined for any personal injury, death, delay, or loss of any other nature (including damage to property) suffered or incurred by the passenger arising out of or incidental to or in any way connected with the carriage of the passenger or the performance of this contract whether due to negligence of TT-Line servants agents or contractors or otherwise, howsoever caused and in accepting this ticket and entering this contract each passenger absolves and releases TT-Line its servants agents and contractors from such liability.
(b) Further the passenger as defined agrees to indemnify TT-Line its servants agents and contractors for and in respect of any action, suit, proceeding or claim for any personal injury, death, delay or loss as aforesaid brought by any person travelling with the passenger or in the passenger's care or by the person representatives of any dependent of any such person travelling with the passenger whether such personal injury, death or loss as aforesaid is due to the negligence of TT-Line its servants or contractors or otherwise, howsoever caused.
(c) All persons for whom this ticket is issued other than the passenger named on the ticket or named herein shall be deemed to be dependents of such passenger and the passenger named on this ticket being named herein warrants that he is fully authorised to and accepts these conditions on behalf of all persons carried hereunder.
- By accepting or receiving this ticket each passenger agrees without prejudice to its other provisions and both on his or her behalf and on behalf of any person travelling with him or her and any child travelling with him or her in his or her care and of any dependents of him or her that all rights, exemptions from liability defences and immunities of whatsoever nature referred to in this ticket applicable to the TT-Line (which term shall for the purpose of this Clause include the Owners, Charters, Managers, Operators, Agents of the vessel and any Sub-contractor of the TT-Line and such Sub-contractors respective servants or agents, as the case may be) shall in all respects inure also for the benefit of any servants or agents of the TT-Line acting in the course of or in connection with their employment so that in no circumstances shall any such servant or agent as the result of so acting be under any liability to any such passenger or to any such person or child greater than or different from that of the TT-Line. For the purpose of the agreement contained in this Clause, the TT-Line is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of each of the Owners, Charters, Managers, Operators, Agents and all who are or may be the TT-Line's servants or agents from time to time and their respective servants or agents and each of them shall to this extent be or be deemed to be parties to the contract contained in or evidenced by this ticket.
- Save as otherwise provided no claim under this ticket shall be enforceable against the TT-Line or its property or against the Owners, Charters, Managers, Operators or Agents of the vessel unless:
(a) written notice thereof with full particulars of the claim reach the TT-Line, Managers, Agents or Brokers within 30 days of the date upon which the voyage terminated or should have terminated; and
(b) such notice having been given , suit, action or proceeding is commenced within one year after such date; Failing which no such suit, action or proceeding shall be maintainable notwithstanding any provision to the contrary in the laws of any state or country.
- Passengers are not liable to pay or entitled to receive any general average contributions in respect of their luggage or personal effects.
- TT-Line its servants agents or contractors shall in no circumstances be responsible for or liable to the passenger for any loss, damage, deviation, delay or detention to any luggage or to any vehicle arising from any cause whatsoever including negligence of TT-Line or its servants agents or contractors or arising from the un-seaworthiness of the vessel occurring either prior to shipment or after shipment. Further, TT-Line its servants agents or contractors shall in no circumstances be responsible for or liable to the passenger for any loss, damage, deviation, delay or detention to any luggage or to any vehicle howsoever arising after such luggage and or vehicle have been discharged from the vessel at the port or place of destination.
- The passenger and any accompanying driver shall be jointly and severally responsible for and warrant that:
(a) No loose containers of petrol nor other flammable or dangerous substances accompany and vehicle.
(b) After parking on the vehicle deck and before vacating any vehicle the fuel supply is shut off in the case of gravity feed by closing the cock and in the in the case of pump feed by stopping the engine.
(c) Any such vehicle is in a fit condition for transport by ship and all loose parts are adequately secured within that vehicle.
(d) All personal belongings and baggage within any such vehicle are adequately secured within that vehicle.
(e) Any such vehicle will be moved or parked as directed by the servants or agents of TT-Line.
(f) No passenger shall remain on the vehicle deck of the vessel or any other place on the vessel which is identified as being restricted to use by the crew other than at the direction of an officer or employee of TT-Line.
- By accepting the terms and conditions of carriage as herein and elsewhere stated, the passenger as defined agrees:
(a) To indemnify TT-Line against loss or damage suffered by it and against claims by third persons made against it in respect of personal injuries, death, loss, damage or delay to property due directly or indirectly to the failure of the passenger to comply with the provisions of this contract and whether or not such personal injuries, death, loss, damage or delay may be due directly or indirectly to the wrongful act neglect or default of the TT-Line or any of its servants or agents or otherwise howsoever caused.
(b) To General Average (if any) being adjusted according to York/Antwerp Rules 1974 (as amended), such adjustment to be made in Melbourne or at any other port of the TT-Line's option.
(c) In the event of a General Average being declared, for the purpose of such adjustment to deposit with the TT- Line on demand such sum or security as may be reasonably required pending settlement.
- Any passengers accompanied vehicle(s) carried hereunder is only accepted for shipment and carried by the TT-Line in accordance with the provisions of the Carriage of Goods by Sea Act 1991, of the Commonwealth of Australia and the TT-Line on demand shall issue a Bill of Lading in respect of any such vehicle(s).
- The "accompanied vehicle tariff" will not apply to vehicles which contain goods other than goods for which free carriage is allowed in accordance with the conditions of this contract.
- TT-Line provides upon request safekeeping for valuables aboard the vessel and encourages passengers to deposit any cash or valuables with the designated officer who will issue a receipt for such a deposit. The TT-Line shall not be liable for any loss or damage to any items deposited unless they have been delivered to the designated officer and a receipt issued to accept. The value of such items deposited shall be deemed not to exceed $750.00 and the TT-Line reserves the right to refuse any item for deposit, in its absolute discretion.
- (a) Notwithstanding any other provision of these terms and conditions, these terms and conditions shall read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act of the Commonwealth of Australia and any other Commonwealth or State legislation in so far as such may be applicable and in so far as such may prevent either expressly or impliedly the exclusion or modification of any such term, condition or warranty.
(b) The terms and conditions described herein embody the entire understanding and agreement as to the subject matter of this contract. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting the subject matter of this contract are merged in and superseded by these terms and conditions and shall be of no force or effect whatsoever. No oral explanation or information provided to a passenger shall: (i) affect the meaning or interpretation of this contract; or (ii) constitute any collateral agreement, warranty or understanding between the passenger and the TT-Line.
(c) Each of the provisions contained in these terms and conditions shall be severable and if any of such provisions should be invalid illegal or unenforceable the remaining provisions shall nevertheless have full force and effect.
- All of the rights immunities and limitations of liability in these terms and conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contractor any of the terms and conditions hereof by the TT-Line.
- This contract is governed by and is to be construed in accordance with the laws of the State of Tasmania.
- Cancellation fees may, at the TT-Line's sole discretion, be applied to each passenger fare for which a ticket has been issued, if unavailable or cancelled within a time frame as prescribed by the TT-Line's applicable tariff. Where applied the amount of cancellation fee shall be determined by the TT-Line's applicable tariff.
- At the sole discretion of the TT-Line, for operational reasons, vehicles may be required to be left on the vehicle deck unlocked, with ignition keys in place. Passengers are advised not to leave small attractive items such as cash, cameras, jewellery etc. in the body of vehicles. Such items should be taken into accommodation or locked in the car boot.
- Subject always to the applicable tariff:
(a) Upon arrival at the terminal (and at all other times when vehicle movements are required) the passenger and any accompanying driver shall drive and or load their vehicles in accordance with the directions of TT- Line's terminal staff and stevedores.
(b) Passengers are required to limit the amount of hand luggage carried on board the vessel to those items required for the voyage. All other items are to remain in the passenger's vehicle or to be lodged at the baggage area to be carried as baggage. Adult passengers shall be allowed the equivalent of two suitcases and child passengers shall be allowed the equivalent of one suitcase without additional charge.
(c) In accepting this ticket the passenger warrants that only personal effects (excluding always any articles for sale) shall be carried on the voyage, whether in the passenger's vehicle or as baggage or as hand luggage.
(d) In accepting this ticket the passenger warrants that no hazardous, dangerous or noxious goods or substances shall be shipped or carried by the passenger on the voyage, whether in the passenger's vehicle or as baggage or as hand luggage and the passenger undertakes to indemnify TT-Line and forever keep TT-Line indemnified against all consequences of any breach by the passenger of this provision of this contract.
(e) The accompanied vehicle rate is charged for all motorised and towed units intended for personal use (and not for sale, gain or reward) and which are accompanied on the voyage by the passenger or any accompanying driver. A separate freight rate applies to commercial vehicles and loads (including home removals of furniture) being transported for commercial purposes. TT-Line reserves the right to inspect all vehicles and loads presented for shipment or shipped on the voyage. In the event of any false or mis-declaration of any vehicle or load. TT-Line reserves the right at its sole discretion to charge the freight rates for such vehicles and loads in accordance with the applicable tariff or to refuse to ship such vehicle or load.
- (a) Further to Condition 29(d) of this contract above passengers are advised that the following dangerous goods must not be carried in any accompanying vehicle, or as baggage or as luggage or on their person:
(i) Explosives, munitions, firearms, fireworks, flares and knives. Navigation regulations prohibit firearms, ammunition or dangerous, combustible or explosive goods to be carried by a passenger in their luggage or accompanying vehicle (other than petrol contained in the vehicle's petrol tank or gas in cylinders).
(ii) Flammable liquids and solids such as heating fuels, paints, thinners.
(iii) Radioactive material
(iv) Oxidising materials such as bleaching powder and peroxides.
(v) Poisons and infectious substances such as insecticides, weed-killers and live virus materials.
(vi) Other dangerous items including magnetised material, irritating or offensive substances.
(vii) Carriage of LPG cylinders - LPG cylinders must be declared at check-in. LPG/propane cylinders must comply with Australian Standards AS2468, AS2469, AS2470 (stamped on the cylinder) and with the date of inspection within 10 years. The shut-off valve must be effective. Cylinders which do not comply with these standards will be confiscated and disposed of by TT-Line Company Pty Ltd. If LPG cylinders are being carried loose, they must contain no more than 9kg of gas and will be carried on board in a designated trailer. Failure to collect the cylinder on arrival will result in them being disposed of by TT-Line. If connected to a caravan, campervan or motorhome, the cylinders must be isolated prior to boarding and remain so during the voyage. Under no circumstances may gas cylinders be active while on the vessel.
(b) Notwithstanding Condition 30(a) of this contract TT-Line agrees:
(i) Licensed firearms can be brought onto the vessel by passengers provided they 1) complete a firearm declaration form and 2) present firearm(s) to the Security Officer prior to boarding and the Security Officer is able to safely disable the firearm and then lock it away in a safe room for the duration of the voyage. Ammunition is restricted to a maximum of 5 kg per adult per booking.
(ii) Medicines, boxed matches, toiletries and alcoholic beverages may also be carried on to the vessel by passengers. No passenger, however, shall be permitted to consume any such alcohol onboard the vessel.
(iii) The fuel tanks of accompanying vehicles do not have to be drained of fuel.
(c) In accepting this ticket passengers agree to indemnify TT-Line and keep TT-Line indemnified against all consequences of any breach by the passenger of this provision.
- The person effecting a booking shall be deemed to have accepted the Booking Conditions on behalf of all persons named in the booking.
- This ticket is valid for 12 months from the date of the forward journey of the vessel for which it was originally issued. Refunds will be made only at the sole discretion of the TT-Line.
Boats and fishing gear must be clean and dry; vehicles must be free from visible signs of soil and mud.
All dogs entering Tasmania are subject to quarantine entry conditions and must be treated for Hydatid Tape Worm within 14 days prior to entering Tasmania. Documentary proof of treatment such as a receipt or vet’s subscription is required to be presented during inspections.
Non-compliance with the above may result in severe penalties imposed by Biosecurity Tasmania.
To ensure you are fully aware of quarantine regulations please visit the Quarantine website www.quarantinedomestic.gov.au or call 1300 368 550 for further information.
TT-Line Company Pty Ltd trading as Spirit of Tasmania (Spirit of Tasmania) is committed to complying with the Personal Information Protection Act 2004 (Tas) (PIP Act) and the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (the Privacy Act).
Spirit of Tasmania is committed to developing a culture that respects the privacy of individuals, customers and staff through ensuring the security of personal information about them. Spirit of Tasmania will protect personal information from misuse, loss, corruption or disclosure.
2. Privacy Officer
Spirit of Tasmania has appointed a Privacy Officer who is responsible for:
4.Collection of Personal Information
Spirit of Tasmania collects, holds, uses and discloses personal information for the following purposes:
a) information that is necessary for Spirit of Tasmania’s functions and activities as a passenger, vehicle and freight service and agent of travel insurance providers;
b) sales and marketing research purposes;
c) to comply with any applicable laws; and
d) any other purpose for which the customer gives his or her consent.
The types of personal information that Spirit of Tasmania collects and holds about a customer may include: a customer’s name, postal or email address, phone number, billing details, payment details, registration information or any other information that Spirit of Tasmania considers to be reasonably necessary.
Generally, Spirit of Tasmania does not need to collect any personal information when customers visit Spirit of Tasmania’s website. Customers have the option to deal with Spirit of Tasmania anonymously where it is lawful and practicable to do so. For example, customers can visit Spirit of Tasmania’s website without telling Spirit of Tasmania who you are or revealing other personal information.
Spirit of Tasmania will, if it is reasonable or practicable to do so, collect personal information directly from customers. This may happen if customers give Spirit of Tasmania personal information over the telephone or through Spirit of Tasmania’s website.
Sometimes Spirit of Tasmania collects personal information about customers from travel agents where it is necessary to do so.
If Spirit of Tasmania needs to collect personal information, then Spirit of Tasmania will operate by these principles:
a) Spirit of Tasmania will expressly ask you for that personal information. The customer can decline to provide the requested personal information;
b) when Spirit of Tasmania asks you for that personal information, Spirit of Tasmania will tell you how Spirit of Tasmania intends to use that personal information if you agree to give it to Spirit of Tasmania. For instance, Spirit of Tasmania may need to use that personal information to:
(i) personalise and tailor Spirit of Tasmania's information, services or products for you;
(ii) to identify who Spirit of Tasmania is communicating with;
(iii) to inform you of further information relating to Spirit of Tasmania’s services or products, or to this website; or
(iv) keep track of the domains from which individuals visit Spirit of Tasmania. Spirit of Tasmania analyses this data for trends and statistics.
5. Use and Disclosure of Information
Personal information Spirit of Tasmania holds about a customer that was collected for a particular purpose will not be disclosed for another purpose, unless:
a) the customer consents to the use or disclosure of the information for another purpose;
b) the access, use or disclosure is otherwise permitted under the Privacy Act and the PIP Act; or
c) the information is used or disclosed for the purpose of procuring travel insurance for a customer’s benefit.
Spirit of Tasmania will not disclose personal information unless Spirit of Tasmania is satisfied that the information will be afforded similar protection as Spirit of Tasmania is required to provide, or where it is necessary to complete insurance arrangements for the customer's benefit.
Where personal information is disclosed Spirit of Tasmania will seek to ensure that the information is held, used or disclosed consistently with the Privacy Act (including the APPs), the PIP Act and any other applicable laws.
If a customer tells Spirit of Tasmania that they do not wish to have their personal information used for a particular purpose, Spirit of Tasmania will respect their wishes and will not use that personal information unless required by law or for law enforcement purposes. Spirit of Tasmania will make customers aware of the implications this may have on the service Spirit of Tasmania can provide.
Spirit of Tasmania will co-operate with all law enforcement bodies in providing personal information when requested.
6. Sales and Direct Marketing
Spirit of Tasmania may use or disclose personal information for sales and direct marketing purposes. However, Spirit of Tasmania will not include customers’ personal details on any of its sales or marketing databases if the customer has requested not to receive direct marketing communications.
Customers must be told that they can opt out of receiving any more marketing or promotional literature.
All Spirit of Tasmania’s marketing correspondence will display a clearly visible and user-friendly opt-out tick box. Spirit of Tasmania may imply consent to receive marketing material where this opt-out box is not ticked.
All personal information held on any marketing databases will be permanently destroyed or de-identified within 45 days of receipt of an opt-out notice or a request to be removed from the database.
A customer may request Spirit of Tasmania to provide its source of the information. If it does so, Spirit of Tasmania must, within a reasonable period after the request is made, (usually within 30 days) notify the customer of the source unless it is impracticable or unreasonable to do so.
7.Loyalty/Travel Club/Spirit e-News
Spirit of Tasmania's Loyalty/Travel Club/Spirit e-News will continue to work on an opt-in basis. Spirit of Tasmania will not send any online marketing material that does not contain an opt-out clause.
8. Cross-border disclosure of personal information
In some circumstances Spirit of Tasmania may need to disclose personal information about a customer to Spirit of Tasmania’s overseas Protection and Indemnity Club (insurer) located in the United Kingdom.
Before Spirit of Tasmania discloses personal information about a customer to its overseas insurer, Spirit of Tasmania must take reasonable steps to ensure that the insurer complies with the APPs in relation to the information, unless one of the exemptions in the Privacy Act applies.
The PIP Act and Privacy Act are not intended to interfere with legal obligations to disclose information for law enforcement and regulatory purposes.
Spirit of Tasmania has a procedure for using and disclosing personal information for the purpose of investigating and reporting suspected unlawful activity to the relevant authorities.
Written note of the disclosure is required, including the date of the disclosure, the personal information disclosed, the relevant law enforcement body and how the information was used, or to whom the information was disclosed.
10.Emergencies and disasters
In the event of an emergency or where Spirit of Tasmania deems it necessary, customers' names and addresses will be provided to any authorities and/or agencies that assist in dealing with any such emergency or disaster.
By booking and travelling with Spirit of Tasmania, customers are deemed to consent to the disclosure of this information to such authorities and/or agencies.
11.Quality of Personal Information
Spirit of Tasmania must take reasonable steps to ensure that any personal information it collects, uses or discloses is accurate, complete, up-to-date and relevant to Spirit of Tasmania's functions or activities.
12.Security of Personal Information
Spirit of Tasmania stores customers’ information in different ways, including paper and electronic form.
Spirit of Tasmania treats all personal information as confidential. Spirit of Tasmania will take all reasonable steps to ensure that personal information is protected from:
a) misuse, interference and loss; and
b) unauthorised access, modification or disclosure.
Some of the ways Spirit of Tasmania does this are:
a) continuing to develop and monitor security measures in order to decrease the risk of unauthorised access to personal information;
b) continuing to engage IT support to maintain computer and network security, including access control for authorised users, data integrity checks, network intrusion systems, host intrusion detection systems and expert monitoring;
c) providing a discreet environment for confidential discussions;
d) protecting its file servers by access privileges and permissions;
e) ensuring that staff are only granted access to files that contain personal information if the operational managers or executive members responsible for those files explicitly authorise the access.
In addition, Spirit of Tasmania takes the following measures to ensure that personal information on its website is protected, including:
a) having electronic website security systems in place, including the use of secure hypertext transfer protocol, network intrusion protection and segregated virtual private networks; and
b) defining and controlling user access to ensure that access to personal information is only granted where the individual seeking access (i.e. customer or staff) is authorised to do so.
If Spirit of Tasmania no longer needs the personal information for any purpose for which it may be used or disclosed by Spirit of Tasmania, Spirit of Tasmania must take reasonable steps to destroy or permanently de-identify the information, unless:
a) it is contained in a Commonwealth record; or
b) Spirit of Tasmania is required by law, or a court/tribunal order, to retain the information.
Permanent de-identification means that Spirit of Tasmania is not able to match the de-identified information with other records to re-establish the identity of individuals.
Permitted destruction of personal information must occur by a secure means. Paper based records should be shredded or disposed of securely by an authorised disposal company. Electronic records should be overwritten before being deleted.
Customers have a legal right to access the information Spirit of Tasmania hold about them, unless an exception in the Privacy Act and the PIP Act applies.
Factors affecting a right to access include:
a) access would pose a serious threat to the life or health of any individual;
b) access would have an unreasonable impact on the privacy of others;
c) a frivolous or vexatious request;
d) the information relates to existing or anticipated legal proceedings between Spirit of Tasmania and the individual, and would not be accessible by the process of discovery in those proceedings;
e) access would reveal the intentions of Spirit of Tasmania in relation to negotiations with the individual in such a way as to prejudice those negotiations;
f) access would be unlawful;
g) denying access is required or authorised by or under any law or a court/tribunal order;
h) access would prejudice the taking of appropriate action in relation to unlawful activity or serious misconduct relating to Spirit of Tasmania’s functions or activities;
i) access would be likely to prejudice a law enforcement related activity; or
j) access would reveal evaluative information generated within Spirit of Tasmania in connection with a commercially sensitive decision-making process.
Depending on the nature of the request Spirit of Tasmania may charge the customer a fee for giving them access to that personal information.
The rules regarding a customer's access to information means that customers may have a right to access comments about them.
Spirit of Tasmania must respond to a request for access within a reasonable time (usually within 30 days), and give access in the manner requested by the customer, if it is reasonable and practicable to do so.
If Spirit of Tasmania refuses to give a customer access, then Spirit of Tasmania will:
a) take such steps as are reasonable to give access in a way that meets Spirit of Tasmania’s needs as well the customers;
b) provide the customer with written reasons for the refusal provided it is reasonable to do so; and
c) provide the customer with the mechanisms available to complain about the refusal.
14. Correction of Personal Information
If Spirit of Tasmania holds personal information about a customer, and:
a) Spirit of Tasmania is satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; or
b) the customer requests Spirit of Tasmania to correct the information,
Spirit of Tasmania must take reasonable steps to correct that information, having regard to the purpose for which the information is held.
If Spirit of Tasmania refuses to correct the personal information, then Spirit of Tasmania will provide the customer with:
a) written reasons for the refusal provided it is reasonable to do so; and
b) the mechanisms available to complain about the refusal.
Spirit of Tasmania must respond to a correction request within a reasonable time (usually within 30 days).
Spirit of Tasmania does not usually collect sensitive information, which includes information about a person's ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a profession or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
However, Spirit of Tasmania does collect health information for the purposes of its Passenger Monthly Accident/Illness Reports and as required or permitted by health and safety laws. Health information is regarded as sensitive and as such, must be treated as highly confidential. Health information should only be accessible to authorised persons for permitted purposes and should not be entered on any sales or marketing databases.
If this information is collected the customer will be told of the purpose of collection by the relevant officer at the point of collection. This health information must not be collected without the customer’s consent.
Spirit of Tasmania must not collect sensitive information about a customer unless the customer consents or an exemption in the Privacy Act and the PIP Act applies. Such circumstances would usually only be in an emergency or when the person had lost consciousness and collection is necessary to prevent or lessen a serious and imminent threat to life, health or safety of any individual or to public health or safety.
16.Breach of Privacy
The Tasmanian Ombudsman and the Commonwealth Information Commissioner have the power to investigate complaints made by individuals about the way organisations manage personal information or to investigate any act or practice that may be a breach of privacy, even if no complaint has been made.
17.Queries or Concerns
If you have any queries or concerns about the way Spirit of Tasmania handles your personal information after reading this policy, or if you become aware of a potential breach of privacy, please contact Spirit of Tasmania’s Privacy Officer immediately on the contact details set out below:
Telephone: (03) 6421 7311
Postal address: P O Box 168 E
East Devonport Tas 7310
If Spirit of Tasmania’s Privacy Officer is unable to resolve the matter, it will be escalated (internally or externally) as appropriate to facilitate resolution.