O’Hearn Lawyers’ Privacy Policy

O’Hearn Lawyers commitment to privacy

O’Hearn Lawyers Pty Ltd ACN 630 101 585 (“O’Hearn Lawyers”) is committed to managing Personal Information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with other applicable laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and associated rules.

This document sets out our policies for managing your Personal Information and is referred to as our Privacy Policy.

In this Privacy Policy, “we” and “us” refers to O’Hearn Lawyers and “you” refers to any individual about whom we collect Personal Information.

About O’Hearn Lawyers

O’Hearn Lawyers is a legal firm providing legal services relating to Commercial, Insolvency, Property, Family, and Wills and Estates law.

What types of information are covered by this Privacy Policy?

The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.

1. Personal Information

Personal Information means 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.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.

2. Sensitive Information

Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive Information will be used by Us only:

for the primary purpose for which it was obtained;
for a secondary purpose that is directly related to the primary purpose; and
with your consent or where required or authorised by law, including to comply with our AML/CTF obligations.

What information does O’Hearn Lawyers collect about you?

Clients and prospective clients

When you enquire about our services or when you become a client of O’Hearn Lawyers, a record is made which includes your Personal Information.

The type of Personal Information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:

your name, e-mail, postal address and other contact details;
information about your employer or an organisation who you represent;
any relevant professional details; and
any additional Personal Information you provide to us, or authorise us to collect, as part of your interaction with O’Hearn Lawyers;
information required to comply with our obligations under AML/CTF.

Prospective employees or applicants

We collect Personal Information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.

We may also collect Personal Information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions.

Other individuals

O’Hearn Lawyers may collect Personal Information about other individuals who are not clients of O’Hearn Lawyers. This includes customers and members of the public who participate in events we are involved with; individual service providers and contractors to O’Hearn Lawyers; and other individuals who interact with O’Hearn Lawyers on a commercial basis. The kinds of Personal Information we collect will depend on the capacity in which you are dealing with O’Hearn Lawyers. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you.

If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.

In limited circumstances, O’Hearn Lawyers may collect information which is considered Sensitive Information.

For example, if you are injured at an event promoted or delivered by O’Hearn Lawyers we may collect health information about you in an emergency or otherwise with your consent.

We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.

You can always decline to give O’Hearn Lawyers any Personal Information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about Personal Information we have requested, please let us know.

Visitors to our website

The way in which we handle the Personal Information of visitors to our websites is discussed below.

How and why does O’Hearn Lawyers collect and use your Personal Information?

O’Hearn Lawyers collects Personal Information reasonably necessary to carry out our business, to assess and manage our clients’ needs, and provide quality legal services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you and/or third parties and managing client relationships.

The purposes for which O’Hearn Lawyers usually collects and uses Personal Information depends on the nature of your interaction with us, but may include:

providing legal services;
responding to requests for information and other general inquiries;
managing, planning, advertising and administering programs events and competitions;
researching, developing and expanding our facilities and services;
informing you of our activities, events, facilities and services;
recruitment processes (including for volunteers, internships and work experience);
responding to enquires and complaints; and
complying with our AML/CTF obligations.

O’Hearn Lawyers collects Personal Information from you directly or indirectly. We may collect and update your Personal Information over the phone, by email, over the internet, or in person. We may also collect Personal Information about you from other sources, for example:

affiliated and related companies;
referrals from other professional services companies;
third-party suppliers and contractors who assist us to operate our business;
electronic identity verification providers;
government authorities and public registers;
company, trust and land title registries;
AML/CTF screening and verification providers; and
persons authorised to act on your behalf.

O’Hearn Lawyers also collects and uses Personal Information for market research purposes and to innovate our delivery of products and services.

AML/CTF compliance

O’Hearn Lawyers is required to comply with applicable AML/CTF Act and AML/CTF Rules.

As part of these obligations, we may collect use and disclose your Personal Information for the following purposes:

conducting customer due diligence;
verifying identity information;
identifying beneficial owners and persons acting on behalf of clients;
conducting ongoing monitoring of transactions and business relationships;
assessing money laundering, terrorism financing and sanctions risks;
maintaining records required by law; and
reporting certain matters to AUSTRAC and other government agencies where required by law.

This may include collecting additional information from you.

We may also use your Personal Information to assess and manage risks related money laundering and terrorism financing.

If you do not provide information reasonably requested for AML/CTF compliance purposes, we may be unable to provide legal services or continue acting on your behalf.

How does O’Hearn Lawyers interact with you via the internet?

You may visit our website (www.ohlaw.com.au) without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any Personal Information you provide to O’Hearn Lawyers will be managed in accordance with this Privacy Policy.

O’Hearn Lawyers’ website uses cookies. A “cookie” is a small file stored on your computer’s browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our websites and on third-party websites. You are not identifiable from such information.

You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.

O’Hearn Lawyers’ website may contain links to third-party websites. O’Hearn Lawyers is not responsible for the content or privacy practices of websites that are linked to our website.

Can you deal with O’Hearn Lawyers anonymously?

O’Hearn Lawyers will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for O’Hearn Lawyers to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect Personal Information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.

How does O’Hearn Lawyers hold information?

O’Hearn Lawyers stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia and overseas). Personal Information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure.

O’Hearn Lawyers maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

We implement administrative, physical and technical safeguards designed to protect Personal Information, including:

restricted access controls;
staff training and confidentiality obligations;
password protection and multi-factor authentication where appropriate;
encryption technologies where available;
firewalls, monitoring and anti-malware systems.

Where a data breach is likely to result in serious harm, we will comply with the Notifiable Data Breaches scheme under the Privacy Act.

Certain records collected for AML/CTF purposes may be retained for periods required by law, including for up to seven years following completion of a transaction or the end of a client relationship.

Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending Personal Information via the internet.

We take steps to destroy or de-identify information that we no longer require.

Does O’Hearn Lawyers use or disclose your Personal Information for direct marketing?

O’Hearn Lawyers may use or disclose your Personal Information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.

If you opt-out of receiving marketing material from us, O’Hearn Lawyers may still contact you in relation to its ongoing relationship with you.

How does O’Hearn Lawyers use and disclose Personal Information?

For clients

The purposes for which we may use and disclose your Personal Information will depend on the services we are providing you. For example, if you have engaged us to deliver a service, we may disclose information about you to service providers where this is relevant to our services.

For customers and participants

If you are a customer or participant in an event, we may disclose your personal information to our providers and venues where this is reasonably necessary for, and relevant to, the delivery of the event. We may use images or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur.

Disclosure to contractors and other service providers

O’Hearn Lawyers may disclose information to third parties we engage in order to provide our services, including contractors and service providers used for data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance or development, printing, archiving, mail-outs, and market research.

Personal information may also be shared between related and affiliated companies of O’Hearn Lawyers, located in Australia and overseas.

Third parties to whom we have disclosed your Personal Information may contact you directly to let you know they have collected your Personal Information and to give you information about their privacy policies.

Use and disclosure for administration and management

O’Hearn Lawyers will also use and disclose Personal Information for a range of administrative, management and operational purposes. This includes:

administering billing and payments and debt recovery;
planning, managing, monitoring and evaluating our services;
quality improvement activities;
statistical analysis and reporting;
training staff, contractors and other workers;
risk management and management of legal liabilities and claims (for example, liaising with insurers);
responding to enquiries and complaints regarding our services;
obtaining advice from consultants and other professional advisers; and
responding to subpoenas and other legal orders and obligations.

AML/CTF reporting and compliance

We may disclose Personal Information where required or authorised by law in connection with our AML/CTF obligations, including to:

AUSTRAC;
law enforcement agencies;
regulatory authorities;
identity verification providers;
sanctions and watchlist screening service providers.

In certain circumstances, legislation may prohibit us from informing you that a disclosure has occurred.

Other uses and disclosures

We may use and disclose your Personal Information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

Does O’Hearn Lawyers disclose your Personal Information overseas?

We may disclose your Personal Information to overseas service providers where reasonably necessary to provide services, comply with regulatory obligations, undertake identity verification, utilise cloud-based technology services or otherwise carry out the purposes described in this Privacy Policy. Where such disclosures occur, we will take reasonable steps to ensure overseas recipients handle Personal Information consistently with Australian privacy requirements unless an exception applies under the Privacy Act.

Except as above, your Personal Information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the APP and we will not be liable for any mishandling of your information in such circumstances.

How can you access or seek correction of your Personal Information?

You are entitled to access your Personal Information held by O’Hearn Lawyers on request. To request access to your Personal Information please contact our privacy officer (Privacy Officer) using the contact details set out below.

Access may be restricted where permitted under the Privacy Act, including where access would prejudice regulatory investigations, law enforcement activities, legal proceedings or compliance obligations under the AML/CTF Act.

You will not be charged for making a request to access your Personal Information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

We will take reasonable steps to ensure that the Personal Information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any Personal Information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your Personal Information in certain circumstances in accordance with the APPs. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your Personal Information about the requested correction.

What should you do if you have a complaint about the handling of your Personal Information?

You may contact O’Hearn Lawyers at any time if you have any questions or concerns about this Privacy Policy or about the way in which your Personal Information has been handled.

You may make a complaint about privacy to the Privacy Officer at the contact details set out below.

The Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that O’Hearn Lawyers may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the OAIC website.

How changes are made to this privacy policy?

O’Hearn Lawyers may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

How can you contact O’Hearn Lawyers?

The contact details for O’Hearn Lawyers are:

O’Hearn Lawyers Privacy Officer

Address: Level 2, 84 Nelson Street, Wallsend, NSW, 2287

Email address: lawyers@ohlaw.com.au

Telephone number: 02 4951 8199

This Privacy Policy was last updated 2 July 2026.