Last Review: 31/03/2021
Constructed / Reviewed by: Clayton Utz
Next Review: 31/12/2021
Approval Required: Board Motion
Policy Number: 6
Board Sign Off Date: 8/12/2020
Document Date & Version: 31/03/2021 v.1
1. Statement of Context and Purpose
Privacy laws regulate how the School can collect, use, hold and disclose personal information. The School is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The information the School collects enables it to provide educational services and discharge its duty of care. Any notifiable data breaches must be reported by the School to the Office of the Australian Information Commissioner where required in accordance with the Privacy Act 1988 (Cth).
The School installs, uses and maintains CCTV cameras in accordance with relevant Surveillance laws. Where installed, CCTV cameras are appropriately sign-posted at all school entrances and exits, as well as in hallways and other open areas.
This policy applies to all employees, students, volunteers, contractors, visitors and other people who are associated with or come in contact with the School.
3. Reference Points / Background Papers
- Privacy Act 1988 (Cth);
- Education and Care Services National Law Act 2010 (Vic);
- Health Records Act 2001 (Vic);
- Surveillance Devices Act 1999 (Vic);
- Children’s Services Act 1996 (Vic);
- Children’s Services Regulations 2009 (Vic);
- Recruitment Policy; and
- Performance Management, Misconduct and Disciplinary Action Policy.
4.1 Personal Information
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable;
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Examples include an individual’s name, address, contact number and email address.
4.2 Sensitive Information
Sensitive Information is a special category of personal information and means:
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;
that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information; or
(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) biometric templates.
The School may collect personal information which is “sensitive information”. The School will only collect sensitive information with the consent of the individual to whom the information relates or as otherwise permitted by the Privacy Act or other applicable law.
If a third party provides personal information (which is also sensitive information) to the School without asking, the School will take steps to verify the individual’s consent to collect that information.
5. Types of Personal Information Collected
The School collects personal information, including sensitive information, about:
- parents or guardians;
- employees and prospective employees;
- contractors and prospective contractors;
- visitors; and
- any other person who comes into contact with the School.
The types of personal information that the School collects and holds depends on the circumstances of collection. For students, the School collects information such as name, age, contact details, academic record and history, and may collect sensitive information such as information about a student’s health or racial or ethnic origin. For persons who deal with the School in some other capacity (for example, as a staff member, parent or guardian, former student, volunteer, contractor or visitor), the School may collect the relevant individual’s name, contact details, other details that are discernible from CCTV video footage and any other information they choose to provide to the School.
We will generally collect personal information from you or about you from forms filled out by students or parents, face to face meetings and interviews, telephone calls and general correspondences, as well as your activity on our website, interactive learning portals and social media platforms.
The following kinds of personal information are what the School commonly collects and holds about the above-mentioned people:
Exception in relation to employee records
The Australian Privacy Principals and this policy do not apply to the school’s treatment of employee records where the treatment is directly related to a current or former employment relationship between the school and the employee.
6. Collection and storage of personal information
The information collected by the School about students, parents and guardians, may be collected before, during or after the student is enrolled at the School. Information about students and parents may be collected in a number of ways including:
- directly from students and parents by telephone, in enrolment, excursion or medical forms or in person;
- from other parties (such as medical practitioners or other schools); and
- from publicly available sources.
The primary purpose of collecting the information is to enable the School to provide schooling and educational services for the student or prospective student. If the School is unable to obtain the required information in relation to prospective students, an enrolment may not proceed.
The information the School collects about job applicants and employees may be collected in a number of ways including:
- directly from job applicants and employees during the recruitment phase and during the course of employment;
- from other parties (such as job applicants’ representatives or referees, or social media sites);
- from publicly available sources; and
- from medical forms, incident reports, occupational health and safety requirements (including capacity to work certificates), and Victorian Institute of Teaching or Working with Children Check requirements, provided by the applicant, the employee, or any other third party authorised by the applicant or employee. • on electronic databases with password protection and internal and external firewalls; or
The School has CCTV cameras in place for safety and security purposes, and to deter vandalism and inappropriate behaviour (including at entrances/exits to the School, as well as in hallways and other open areas). Accordingly, information may also be collected in relation to anyone that comes into contact with the School through the use of those CCTV cameras installed on school premises. CCTV cameras will not be installed in private areas such as toilets, washrooms, change rooms, lactation rooms, or staff rooms.
The School may store information either electronically or physically in the following ways:
- on electronic databases with password protection and internal and external firewalls; or
- in a secure location, including lockable cabinets with access only to authorised personnel.
Information collected via CCTV footage will be accessible only by the Property Manager.
7. Use and Disclosure of Information
The School collects personal information for a range of purposes to enable it to fulfil the primary purpose of providing schooling and educational services for its students, including to:
- manage relationships, safety and welfare with students and parents;
- consider job applicants for current and future employment; and
- promote the School through marketing and school publications.
The School only uses personal information for the purposes for which the information was collected. The School may use or disclose personal information for a secondary purpose for which the information was collected if the secondary purpose is related to the primary purpose and where the individual to whom the information relates could reasonably expect the School to use the information for that purpose.
The School may also use or disclose personal information for any other purposes for which the School have received consent from the person to whom the personal information relates or otherwise as permitted by legislation.
In relation to personal information which is “sensitive information”, the School will not use or disclose that information for a purpose other than a primary purpose for which it has been collected unless:
- the School has the consent of the individual to whom the information relates to disclose or use the information for some other purpose;
- the secondary purpose is directly related to the primary purpose of collection and the individual would reasonably expect the School to use or disclose that information for the secondary purpose; or
- otherwise as permitted by legislation.
In relation to CCTV footage collected about any person that comes into contact with the School, the School will use or disclose that information in accordance with applicable legislation.
Students and Parents
The School may use personal information collected about students and parents for the following purposes:
- providing schooling for its students, including curricular, co-curricular and extra-curricular education and programs;
- making contact with parents in relation to their child’s schooling;
- internal accounting;
- day-to-day administration;
- looking after the students’ educational, social and medical well-being and safety;
- seeking donations and marketing for the School;
- satisfying legal obligations; and
In some instances, if the School does not collect, hold or use such personal information, or if a student or parent does not consent, then the School may not be able to enrol or continue the enrolment of a student. It also may not be able to offer any, or its full complement of educational services and programs.
Prospective Employees, Employees and Contractors
The School may use personal information collected about prospective employees, employees and contractors in accordance with the Australian Privacy Principles including for the following purposes:
- assessing whether an individual is suitable for employment or work, including child-connected work;
- administering the individual’s employment or contract;
- fulfilling the School’s insurance obligations;
- ensuring that information the School has collected is accurate and up-to-date;
- internal accounting and administration;
- seeking funds and marketing for the School
- for reporting to educational and Government authorities;
- satisfying legal obligations including with respect to child safety and child abuse; and
- for any other purposes that would be reasonably expected.
The School collects, holds and uses personal information (including sensitive information) about volunteers who assist the School in its functions and/or who organise and conduct associated activities such as the Alumni Association, the School Council and event-based fetes etc.
The School may disclose personal information, including sensitive information for administrative and educational purposes and to ensure child safety. This may include disclosing information to:
- provide schooling for its students;
- other schools, early learning centres, tertiary institutions and admission centres;
- government departments or authorities;
- medical practitioners;
- people providing services to the School;
- recipients of the School publications;
- parents; and
- anyone else that the School is authorised to disclose information to.
In some instances, if we do not disclose such personal information or if you do not consent, then we may not be able to enrol or continue the enrolment of a pupil.
Personal information may be disclosed to organisations that assist in the School’s fundraising and marketing activities. Parents, staff members, contractors and other members of the wider School community may from time to time receive fundraising information. Further, School publications, which include personal information, may be used for marketing purposes. Where the School uses personal information for marketing and promotional communications, opt out procedures will be included through which individuals can opt out by notifying the School.
Disclosure to Overseas Recipients
The School is affiliated with a range of people and organisations located overseas. For example, the School offers a range of international self-funded study, sporting and “sister school” tours, and the School supports overseas charities through sponsorship arrangements. In some instances, the School is likely to disclose some personal information to overseas recipients. However, the School will only do so where it is necessary to complete or complement the education or program being offered or provided to the student and:
- the person to whom the personal information relates has consented; or
- the School believes on reasonable grounds that the overseas recipient is required to deal with the personal information by enforceable laws which are similar to the requirements under the Australian Privacy Principles; or
- it is otherwise permitted by law.
Currently, the School’s overseas affiliates are located in Japan, China, Cambodia, New Zealand, Hong Kong, Singapore and Germany.
8. Information Quality
The School will take reasonable steps to ensure that the personal information that is collected, used and disclosed is accurate and up-to-date. The School will immediately update its records when an individual provides any new information or information that has changed. Individuals should notify the School of any changes to their personal information by emailing firstname.lastname@example.org.
9. Integrity of Information
The School will take such steps that are reasonable to protect personal information from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
This includes taking appropriate security measures to protect electronic materials and material stored and generated in hard copy.
The School will take reasonable steps to ensure that information is destroyed or de-identified when it is no longer required by law.
10. Access to Information
The School will, on request by an individual, give that individual access to any personal information held by the School about that individual.
(a) Parents may seek access to personal information collected about their son/daughter. It is the responsibility of the School to ensure that they do not disclose information which would have an unreasonable impact on the privacy of others, where access may result in a breach of the School’s duty of care to the student and legal obligations.
(b) The School may, at its discretion, on the request of a student, grant that student access to information held by the School about them, or allow a student to give or withhold consent to the use of their personal information, independently of their parents. This would normally be done only when the student involved had reached 18 years of age, but the School could do so in other circumstances when the maturity of the student and/or the student’s personal circumstances so warranted.
(c) Any request for access should be made to the school Principal: Tel: (03) 8805 3800. The School will provide them with access to their personal information, but may charge an access fee to cover the cost of retrieving and supplying the information.
The School will treat consent given by parents as consent given on behalf of the student, and notice given to parents will act as notice given to the student.
12. Enquiries and Complaints
Any person may request further information about the way the School manages the personal information it holds by submitting a request to:
The school Principal: Tel: (03) 8805 3800
A person who wishes to make a complaint about the School’s compliance with the Australian Privacy Principles, can submit the complaint to:
The school Principal Tel: (03) 8805 3800
The School will investigate any complaint if appropriate and will notify the person who made the complaint of the School’s decision as soon as practicable after it has been made.
13. Consequences of a Breach of this Policy
The School emphasises the need to comply with the requirements of this policy. Any employee found to be in breach of the requirements of this policy may be subject to disciplinary action in accordance with the Performance Management, Misconduct and Disciplinary Action Policy.
14. Implications for practice
14.1 At Board / Principal Level
To properly implement this policy, the School, the Board and/or the Principal must ensure that:
- this policy is endorsed on an annual basis;
- copies of this policy are made available to parents, students, prospective employees, contractors, volunteers or any other individual the School holds information about, for example on the School internet site;
- copies of this policy are made available to employees, for example on the School internet site and intranet, in physical form in the staff room and on employee bulletin notice boards;
- this policy is incorporated into the Board’s / Principal’s record of current policies;
- this policy is incorporated into the School’s induction program, to ensure that all employees are aware of the policy, have read and understood the policy, and acknowledge their commitment to comply with the policy.
- periodic training and refresher sessions are administered to all employees in relation to this policy; and
- parents are informed that if certain information is not obtained, their child may not be able to enrol.
14.2 At Other Levels
To properly implement this policy, all the School’s employees, prospective employees, parents, students, contractors, volunteers or other individual the School holds information about, must ensure that:
- they will abide by this policy and assist the School in the implementation of this policy; and
- if information is not obtained, the School may not be able to enrol or continue the enrolment of the student.