Privacy and Confidentiality Policy

NQS

QA77.1.2Systems are in place to manage risk and enable the effective management and operation of a quality service.

National Regulations

Reg Title
181 Confidentiality of records kept by approved provider
181-184 Confidentiality and storage of records

Child Safe Standards

Child Safe Standard 2 Child safety and wellbeing is embedded in organisational leadership, governance and culture
Child Safe Standards 7 Processes for complaints and concerns are child focused
Child Safe Standard 9 Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed

Aim

This policy is to address the issues of privacy and confidentiality of children, educators, volunteer workers and families using the centre. It aims to protect the privacy and confidentiality by ensuring that all records and information about individual children, families, educators and management are kept in a secure place and are only accessed by or disclosed to those individuals who need the information to fulfil their responsibilities at the centre or have a legal right to know.

Related Policies

1. Educator and Management Policy
2. Enrolment Policy
3. Family Law and Access Policy
4. Medical Conditions Policy
5. Record Keeping and Retention Policy
6. Social Networking Usage Policy

Implementation

Early Childhood Services are required to comply with Australian privacy law which includes the Privacy Act 1988 (the Act) which was amended in February 2017, with the changes taking effect from February 22nd 2018. The new law introduces a Notifiable Data Breaches (NDB) scheme that requires Early Childhood Services, Family Day Care Services and Out of School Hours Care Services to provide notice to the Office of the Australian Information Commissioner (formerly known as the Privacy Commissioner) and affected individuals of any data breaches that are “likely” to result in “serious harm.”

Businesses that suspect an eligible data breach may have occurred, must undertake a reasonable and expeditious assessment to determine if the data breach is likely to result in serious harm to any individual affected. A failure to notify that is found to constitute a serious interference with privacy under the Privacy Act may result in a fine of up to $360,000 for individuals or $1.8 million for organisations. In order to comply with the Privacy Act, centres are required to follow the Australian Privacy Principles (APPs), which are contained in Schedule 1 of the Privacy Act 1988 (Privacy Act).

NPP 1: Collection

Describes what an organisation should do when collecting personal information, including what they can collect, collecting from third parties and, generally, what they should tell individuals about the collection.

NPP 2: Use and Disclosure

Outlines how organisations may use and disclose individuals' personal information. If certain conditions are met, an organisation does not always need an individual's consent to use and disclose personal information. There are rules about direct marketing.

NPPs 3 & 4: Information Quality and Security

An organisation must take steps to ensure the personal information it holds is accurate and up-to-date, and is kept secure from unauthorised use or access.

NPP 5: Openness

An organisation must have a policy on how it manages personal information and make it available to anyone who asks for it.

NPP 6: Access and Correction

Gives individuals a general right of access to their personal information, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date.

NPP 7: Identifiers

Generally, prevents an organisation from adopting an Australian Government identifier for an individual (e.g. Medicare numbers) as its own.

NPP 8: Anonymity

Where possible, organisations must give individuals the opportunity to do business with them without the individual having to identify themselves.

NPP 9: Trans-Border Data Flows

Outlines how organisations should protect personal information that they transfer outside Australia.

NPP 10: Sensitive Information

Sensitive information includes information such as health, racial or ethnic background, or criminal record. Higher standards apply to the handling of sensitive information.

Service Privacy Guidelines

Sources

1. National Quality Standard
2. Education and Care Services National Regulation
3. Privacy Act 1988
4. Information Privacy Principles as stipulated in the Privacy Act 1988
5. United Nations Convention of the Rights of a Child
6. Freedom of Information Act 1989

Review

This policy will be reviewed annually, or earlier if required.

Established April 2016

Review Date Modifications
March 2018 References updated to comply with revised National Quality Standards
March 2019 Wording changes – Co-ordinator changed to Nominated Supervisor
March 2020 No change required
November 2020 Information about Privacy Law added
February 2022 Child Safe Standards added
March 2023 No Changes Required
March 2024 Area Management Team updated to Head Office Team

Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Postal Address: Suite 4, Level 3, 13 -15 Lake St., Caroline Springs VIC – 3O23

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