- POLICY OBJECTIVE
The objective of this policy is to ensure that information collected for and by Edway Training is within Privacy Act 1988 (Cth), Freedom of Information Act (1982), Australian Privacy Principles (APPs) (2014) and protected and utilised only in the light of its primary purpose.
This Policy applies to all students’ managers, officers, workers and contractors. The collected information will be either in electronic or in hard copy format.
The Operations Manager is responsible for the implementation and monitoring of this policy and all Departmental Manager will be responsible to ensure that staff and students are made aware of its application.
- POLICY STATEMENT
4.1 To enable to fulfil our responsibilities as a Registered Training Organisation (RTO), Edway Training will collect, use, store, and disseminate personal information, as defined by the Privacy and Personal Information Protection Act 1998, in a manner consistent with the Information Protection Principles contained within that Act and those requirements as outlined in the Data Provisions of the VET Quality Framework NVR Standards for RTOs, including all data required for AVETMISS and other required reporting.
4.2 Edway Training takes privacy very seriously and is committed to protecting the privacy of individuals. This includes personal, health, financial and other confidential information which is necessary for Edway Training to carry out its functions;
4.3 Edway Training will take all reasonable steps to protect individual information from loss, misuse or unauthorised disclosure or destruction. The right to privacy is a value that is highly regarded;
4.4 Edway Training’s students’ personal information will be collected by fair and lawful means which is necessary for the purpose of enrolment and function of Edway Training and Edway is committed to ensuring the confidentiality and security of the information provided.
5.1 MANAGING PERSONAL INFORMATION
When managing a student’s personal information, Edway Training is required to comply with Government legislation and policy as mentioned above.
Edway Training endeavours to balance the rights of privacy with the need to be accountable and transparent in its dealings. Edway Training manages students’ personal information in an open and transparent way. However, certain information will not be available under freedom of information laws. This includes private information relating to another individual, Edway Training’s internal working documents and material obtained in confidence. In addition, Edway Training’s Document and Record Register provides a framework and instructions to staff regarding how and why Edway Training collects, stores and uses students’ personal information and how an individual may access his or her personal information held by Edway Training. It also consists of a procedure for making complaints about Edway Training breaches of the APPs and how Edway Training will deal with a complaint.
5.2 COLLECTION AND USE OF INFORMATION
Edway Training will not collect personal information unless the information is reasonably necessary for one or more of Edway Training’s functions or activities. Any personal information supplied by individuals to Edway Training and/or its Training Representative (where applicable) will only be used to provide information about study opportunities, to enable efficient administration, and to maintain proper academic records. Only authorised managers and other authorised persons have access to this information. All the information collected is governed by the APPs (2014).
Edway Training collects personal information for:
- Statistical purposes for use by State and Commonwealth Administration
- Teaching purposes by Edway Training
- General student administration
Personal information will not be collected by unlawful or unfair means.
Edway Training may use personal information for the purposes of planning, reporting, communicating, research, evaluation, financial administration (including debt recovery), auditing, marketing, and for any other purposes where the individual has provided consent for such use.
Edway Training will not use the information without taking reasonable steps to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.
At or before the time or, if that is not practicable, as soon as practicable after Edway Training collects personal information about an individual, Edway Training will take steps to notify the individuals about the personal information. Also, Edway Training will not use or disclose the information for the purpose of marketing without prior written student consent.
5.3 STORAGE AND SECURITY OF PERSONAL INFORMATION
Edway Training and/or its Training Representative (where applicable) will act lawfully and in a fair and nonintrusive way. Edway Training will ensure that the personal information that it collects is accurate, up to date, complete and relevant. Wherever possible, it will collect information directly from its students rather than from third parties. The members and staff will do their best to tell students if Edway Training collects information about them from a third party. When Edway Training collects information, it will advise of why it is being collected, and the law which requires it to be collected. Edway Training will take all reasonable steps to protect individual information from misuse, interference and loss, and from unauthorised access, modification or disclosure. If (a) Edway Training holds personal information about an individual; and (b) Edway Training no longer needs the information for any purpose for which the information may be used or disclosed by Edway Training; and (c) the information is not contained in a commonwealth record; and (d) Edway Training is not required by or under an Australian law, or a court/tribunal order, to retain the information, then Edway Training will take reasonable steps in circumstances to destroy the information or to ensure that the information is de-identified.
5.4 DISCLOSURE OF PERSONAL INFORMATION
Personal information about student(s) studying with Edway Training may be shared with Australian Government and designated authorities. This information includes personal and contact details, course enrolment details and changes and, for international students, the circumstances of any suspected breaches of the student’s visa conditions.
Edway Training will not disclose any personal information of a student, except as permitted under these policies. Edway Training will not disclose personal information to a person, body or agency (other than the individual concerned) unless:
- The individual concerned has expressly or implicitly consented to the disclosure in writing; or
- The person disclosing the information believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the student or of another person; or
- The disclosure is required or authorised by or under law; or
- The disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, or for the protection of the interests of the government, statutory authority or statutory office – holder as an employer; or
Edway Training will disclose information for the purpose of the protection of public revenue. Edway Training will include a note of the disclosure in the record containing that information. Personal information may be shared with other institutes where students enrol or apply to enrol. In case of work-based training components and practical placement, Edway Training may be require to notify Host Organisation (including approved entity, serviced providers of employer, agents or their authorised contractors) of any concerns, issues or opportunities relating to the practical placement, including student course progression.
For students who are under the age of 18 years; personal information, attendance details, progress and results may be disclosed to respective parent(s)/guardian(s). Except in the case where information is released to a parent or guardian, when Edway Training releases information to a third party, it will advise the third party that they should not use the information for any purposes other than the purposes for which it was disclosed.
5.5 CORRECTION AND UPDATE OF PERSONAL INFORMATION
The Freedom of information Act 1982 and APPs Policy (2014) provide for persons (including Edway Training students) to make an application for access to information (including personal information) held by Edway Training.
Edway Training will make all reasonable efforts to ensure that personal information recorded by Edway Training is kept up to date. If a student believes that the personal information retained by Edway Training is out of date or otherwise misleading or inaccurate, the student may request that Edway Training amend his or her personal information. Edway Training will amend the information as part of continuous improvement, if it is found that the information is out of date, misleading or inaccurate.
If Edway Training corrects and updates personal information about an individual that Edway Training previously disclosed to another education provider and the individual requests Edway Training to notify the other provider of the correction then Edway Training will take steps, as are reasonable in the circumstances, to give that notification unless it is impractical or unlawful to do so.
If Edway Training refuses to correct the information as requested by the individual, Edway Training will give the individual a written notice that sets out: (a) the reasons for the refusal; and (b) the mechanisms available to complain about the refusal; and (c) any other matter prescribed by the regulations. In the case of refusal, if an individual requests Edway Training to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading then the Edway Training will take reasonable steps in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
If a request is made for correction or for associating a statement as mentioned above, Edway Training will respond to the request within a reasonable period after the request is made. Edway Training will not charge the individual for making the request, for correcting the personal information or for associating the statement with the personal information.
5.6 Access to Personal Information
A student may access their own personal information held by Edway Training at no charge. Individuals will be advised of how they may access or obtain a copy of their personal information within 10 days of receiving the individual’s written request.
Edway Training policy allows students to apply for and receive personal information that Edway Training holds about student according to the above requirements. The request should be lodged in writing, addressed to the Compliance Manager, providing full details of the student’s name, ID number and details of the specific information required.