IN 4 Training is committed to providing quality training and assessment in accordance with the Standards for Registered Training Organisations (RTOs). As IN 4 Training is required to comply with Federal Law regarding Privacy and confidentiality of employees, clients and contractors
The Purpose of this policy is to outline how IN 4 Training complies with the Privacy Act 1988 and the Australian Privacy Principles (APPS)
2. Policy Statement
IN 4 Training is committed to complying with obligations under Privacy Act 1988, and the associated Australian Privacy Principles (APPS), specifically in the way it collects, uses, secures and discloses personal information. In 4 Training is committed to safeguarding any confidential information obtained by the RTO.
IN 4 Training will ensure:
- Information gathered for the express purpose of training and assessment matters will not be disclosed to a third party unless prior written consent is provided by the individual concerned, except that required by law;
- The secure storage of all records;
- The confidentiality of all information maintained on records.
3. Policy Principles
- In 4 Training, although not required to, chooses to abide by the Privacy Act 1988 and associate 12x Australian Privacy Principles (APPS).
- The APPS came into force on 12th March 2014 and set out standards, rights and obligations for the handling, holding, accessing and collection of personal information (including sensitive information).
3.2 Underpinning Principles
- Personal information is defined in the Privacy Act 1988 to mean “information or an opinion about an identified individual, or an individual who is reasonably identifiable;
- whether the information or option is true or not; and
- whether the information or opinion is recorded in a material form or not.
- Sensitive personal information is defined in the Privacy Act 1988 to mean ‘information or an opinion about an individual’s “ that is also personal information such as:
- racial or ethnic origin; or
- Political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual orientation or practices; or
- criminal record
3.3 PART 1 – Consideration of Personal Information Privacy
3.3.1 Open and Transparent Management of Personal Information.
IN 4 Training will:
- Ensure that personal information is managed in an open and transparent way.
- Take reasonable steps to implement practices and procedures that will facilitate dealing with enquiries or complaints from individuals regarding compliance with the Australian Privacy Principles (APPS).
- Ensure that it maintains an up to date policy about the management of personal information.
- The kind of information that is collected and held;
- How the information is collected and held;
- The purposes for which information is collected, held, used and disclosed;
- How an individual may access their personal information that is held by IN 4 Training and seek correction of such information as necessary;
- How the individual may make a complaint about a breach of APPs and how IN 4 Training will deal with such a complaint;
- Whether IN 4 Training is likely to disclose personal information to overseas recipients, and if so the counties in which such are likely to be located.
3.3.2 Anonymity and pseudonymity: IN 4 Training will:
- Respect that individuals may not wish to identify themselves when making enquiries on IN 4 Training products and services;
3.4 PART 2 – Collection of Personal Information
- IN 4 Training will not collect personal information from you unless that information is necessary for one or more of its functions or activities, or is required by law.
- IN 4 Training advises that it is required by law to collect, hold, use and supply personal information, in accordance with the National VET Provider Collection Data Provision Requirements.
- IN 4 Training will take reasonable steps at or before the time of collection to ensure that you are aware of:
- Who we are and how to contact us;
- How to gain access to your own information
- The purpose for which the information is being collected;
- Any organisation to which we would normally disclose information of that kind;
- Any law that requires the particular information to be collected;
- The main consequences for the individual if all or part of the information is not provided.
- IN 4 Training collects information from you in the following ways:
- When you register your interest on line, appl for enrolment, request certain services or products, or otherwise contact or do business with us.
- Information may be collected from enrolment forms, certified documents, telephone calls, faxes, emails, letters sent by you
- Information may be collected from third parties, such as other training providers, regarding confirmation of training and ongoing professional development that you have attended, as permitted by you.
- Should IN 4 Training collect information about you from a third party we will take reasonable steps to ensure that the individual is or has been made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.
3.5 PART 3 – Dealing with Personal Information
- IN 4 Training will not use or disclose personal or sensitive information for any purpose other than what is was collected for, unless the relevant person has provided written consent to use or disclose that information in circumstances that are different to those for which it was collected.
The circumstances where an exception may occur are:
- Where the use or disclosures of this information is required or authorised by or under an Australian Law or a court/tribunal order;
- The individual would reasonably expect IN 4 Training to use or disclose the information for the secondary purpose;
- A permitted health situation exists in relation to the use or disclosure of the information by IN 4 Training.
- A permitted general situation exists in relation to the use or disclosure of the information by IN 4 Training.
- IN 4 Training reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
- IN 4 Training collects your personal information so as to:
- Process applications
- Manage your enrolment
- Record and maintain your details;
- Administering training programs
- Record and maintain details of your ongoing training and assessment
- Notify you about upcoming events and opportunities;
- Gain feedback from you
- Communicate with you;
- Report to relevant authorities as required by law
3.6 PART 4 – Integrity of Personal Information
- Quality of personal information: IN 4 Training will take steps, as are reasonable, to ensure that the personal information it:
- Collects is accurate, up to date and complete;
- Uses or discloses, is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
3.7 PART 5 – Access to and correction of Personal Information
- IN 4 Training provides all clients with electronic access to their own personal records, where the individual can update and maintain their own personal information.
- In some circumstances, IN 4 Training may not permit access to individuals for their personal information. If this is ever the case, IN 4 Training will provide full details for the legal reasons for this decision. These may include that IN 4 Training believes;
- That giving access to the information would pose a serious threat to the life, health or safety of the individual, or to public health or public safety; or
- Giving access would have an unreasonable impact on the privacy of other individuals; or
- The request for access is frivolous or vexatious; or
- The information relates to existing or anticipated legal proceedings between IN 4 Training and the individual, and would not be accessible by the process of discovery in those proceedings; or
- Giving access would reveal the intentions of IN 4 Training in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- Giving access would be unlawful; or
- Denying access is required or authorised by or under an Australian Law or a court/tribunal order; or
- Both of the following apply:
- In 4 Training has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to IN 4 Training functions or activities has been is being or may be engaged in;
- Giving access would be likely to prejudice the taking of appropriate action in relation to the matters; or
- Giving access would reveal evaluative information generated with IN 4 Training in connection with a commercially sensitive decision- making process
- When dealing with requests for access to personal information, IN 4 Training will:
- Respond to request for access within 30 days of the request, if from an individual, and within a reasonable time, if the request is from an organisation; and
- Provide access to the information in the manner requested, if it is reasonable and practicable to do so.
- IN 4 Training does not charge a fee for access to personal information. The exception is reprints of certification documentation previously supplied.
- With regard to the correction of personal information held:
- Should IN 4 Training be satisfied that information is inaccurate, out of date, incomplete, irrelevant or misleading, IN 4 Training will take ;such steps as reasonable to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
- Should IN 4 Training refuse to correct information, IN 4 Training will give written notice to the individual that sets out;
- The reason for refusal
- The Mechanisms available to complain about the refusal; and
- Any other matter prescribed by the regulations
4. IN 4 Training Responsbilities
The Director of IN 4 Training is responsible for ensuring compliance with this policy
And its underpinning legislative requirements, and comply with this policy at all times.
Directors of IN 4 Training ensures that all clients have access to and awareness of this policy.
5. Records Management
All documentation from compliance with legislation processes are maintained in accordance with Records Management Policy (See Records Management Policy).
6. Monitoring and Improvement
All practices relating to compliance with legislation are monitored by the Director of IN 4 Training and areas for improvement identified and acted upon (See continuous Improvement Policy).