This document outlines RTO’s policy regarding the collection, use, storage, disclosure of and access to personal information of past and present staff, students and other members of the RTO.
This policy applies to personal information collected by the RTO in relation to staff, students, prospective students, individual clients and other individuals.
This policy must be observed by all RTO staff, consultants, external contractors and students who have access to personal information held by the RTO.
Personal Information: Means information or an opinion (including information or an opinion expressed in surveys, and personal interviews), that is recorded in any form, and whether true or not, can identify an individual.
Sensitive Information: Is information or an opinion about an individual’s including the following:
- Racial or ethnic origin
- Membership of a political association
- Religious beliefs or affiliations
- Membership of a professional or trade association
- Membership of a trade union
- Sexual preferences or practices
- Criminal record
- Health information
USI: Unique Student Identifier
4. Legislative Context
The RTO acknowledges its obligation under various federal and state government acts and regulations including the below and any subsequent versions:
- Student Identifiers Act 2014
- Commonwealth Copyright Act 1968
- Commonwealth Privacy Act 1988
- Personal Information Protection Act 2004 (Tas)
5. Policy Statement
5.1 PI shall ensure that it manages and monitors all personal information of students, employees and other stakeholders in accordance with the relevant privacy laws, including the Student Identifiers Act 2014..
5.1 The collection and use of personal or sensitive information must relate directly to the legitimate purposes of the RTO.
5.2 Individuals must aware of, or informed of, the purposes for which personal information or sensitive information is obtained.
5.3 The RTO will take all reasonable measures to store personal or sensitive information securely.
Individuals are entitled to have access to their own records, unless prevented by law.
5.4 No third party access to personal and or sensitive information will be granted unless required under law.
5.5 The RTO will ensure that the information it holds is current and update or amend as necessary.
6. How the Information may be collected?
The RTO may collect personal information directly from individuals either through personal interaction or print or electronic mediums including the RTO’s website, surveys and correspondences.
The RTO may also collect personal information about an individual indirectly from education agents, employment agencies, past employers and commonwealth and state agencies.
The RTO will not collect sensitive information about an individual without the explicit consent of the individual or unless required under law. Health information may be collected if found necessary to prevent or lessen a serious and imminent threat to the life or health of any individual.
USI: As the USI is a requirement for local/domestic students to enrol in and obtain competency records/AQF documentation, PI shall provide the prospective and enrolling students about the process to register/apply for a USI through its handbooks, and during orientation. Where PI applies for a USI on behalf of an individual it will ensure that it has the authorisation of that individual and provide the required USI Privacy Notice as required under the Act.
7. Use of Information
The RTO will use the information for the primary purpose for which it is collected. The RTO may also use the information it holds for statistical purpose including research, analysis of trends and reports without compromising or disclosing identify of any individuals except as outlined in “Disclosure of Information” below.
8. Disclosure of Information
The RTO will not without the prior consent of an individual disclose personal or sensitive information about that individual for a purpose other than the primary purpose of collection except in any of the following situations;
The RTO reasonably believes that the use or disclosure is necessary to lessen or prevent either of the following:
- A serious and imminent threat to an individual’s life, health, safety or welfare
- A serious threat to public health, public safety or public welfare
- The RTO has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities
- The use or disclosure is required or authorised by or under law
- The prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction
- The prevention, detection, investigation or remedying of seriously improper conduct
- The preparation for, or conduct of, proceedings before any court or tribunal
- The information is request or sought by Australian law and enforcement agencies
Information held by the RTO can be provided, in certain circumstances, to the Australian Government and designated authorities. This information may include personal and contact details, course enrolment details, and the circumstances of any breach of a student enrolment conditions.
9. Access, Storage and Security of Information
All the information will be stored in secured locations on RTO’s protected computer systems. In addition, the RTO will take all reasonable steps to protect the personal and sensitive information it holds.
The RTO will take reasonable steps to destroy any personal or sensitive information if it is no longer needed for any purpose.
Only the staff and members of organisation authorised by the Chief Executive Office of the RTO will have access to the stored information for the specific purpose for which the access is required. Individuals may request access to their personal or sensitive information held by the RTO by contacting the Chief Executive Office. The Chief Executive Office has the right to refuse the access to the information if;
- Providing access would have an unreasonable impact on the privacy of other individuals
- The request for access is frivolous or vexatious
- Providing access would be unlawful and/or compromise any ongoing or pending investigations or legal proceedings
- Any law and enforcement agency has requested the RTO not to provide the access
The Chief Executive Officer is responsible for implementation and administration of this policy.
All RTO staff, consultants, external contractors and students who have access to personal information held by the RTO have the responsibility to observe this policy. Any complaints or breaches in relation to this policy should be reported to the Chief Executive Officer in person or by email to: email@example.com