The purpose of this policy is to details how The Hutchins School (“the School”) will use and manage personal information it receives or collects.
The School is bound by the Australian Privacy Principles contained in the Privacy Act 1988 and aims to ensure that it has policies, procedures and practices that meet these principles.
Current employee records, as well as the records of past employees held by the School (as the employer), are not covered by the provisions of the Privacy Act 1988. Whether access to these records is allowed or declined will be determined on a case by case basis and is therefore outside the ambit of this policy.
The Objectives of this policy is to ensure there are relevant systems in place to comply with the requirements of Commonwealth Privacy Act 1988, as amended (“the Act”).
“Personal Information” means information or an opinion about an identifiable 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 not1.
“Sensitive Information” means (a) information or an opinion about an individual’s racial or ethnic origins, political opinions or memberships of political associations, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, or membership of a trade, sexual orientation or practices, criminal record that is also personal information; (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 identifications; or biometric templates2.
5. Policy Information
The School is bound by the Australian Privacy Principles contained in the Commonwealth Privacy Act 1988, as amended (“the Act”).
5.1. Collection of Personal Information
The type of information the School collects and holds includes (but is not limited to) personal information, including health and other sensitive information, about:
- Students, before, during and after the course of their enrolment at the School
- Parents and/or carers (collectively “parents”) before, during and after the course of their child’s enrolment at the School
- Potential employees, employees, volunteers and independent contractors
- Other people who come into contact with the School
Personal Information you provide
The School may collect personal information, including sensitive information, about individuals by way of forms completed by parents, students, contractors, volunteers and visitors, face to face meetings and interviews, emails and telephone calls.
Personal Information provided by Third Parties
The School may also be provided with personal information about an individual from third party sources, such as a medical report or a reference from another school.
5.2 How our School will use the personal information you provide
Students and Parents
The School may collect students’ and parents’ personal information to enable the School to provide schooling for the student and to satisfy the needs of parents and students throughout the whole period the student’s enrolment at the School.
The purpose for which the School may use personal information of students and parents includes:
- to keep parents informed about matters concerning their child’s schooling, including through correspondence or school publication
- Satisfy the School’s legal obligations, particularly to discharge its duty of care
- Conduct administration activities of the School
- Ensure students’ educational, social and medical wellbeing are protected
- Seek donations and market the School
In some cases, where the School requests personal information about a student or parent but the information requested is not provided, the School may be unable to enrol or continue to provide schooling to the student.
Potential Employees, Employees and Independent Contractors
The School may collect personal information of potential employees, employees and independent contractors to assess and possibly engage an employee or independent contractor.
The School uses personal information on potential employees, employees and independent contractors to:
- Administer the individual’s employment or contract
- Satisfy the School’s legal requirements
- Meet insurance purposes
- Seek funds and market the School
The School may also collect personal information about volunteers to assist the School in its sporting, social or educational functions and associated activities.
Direct Marketing / Fundraising
From time to time the School, may use your personal information for marketing of the School or during fundraising activities. Your personal information may be disclosed to an internal organisation, such as the Hutchins Foundation, that assists with these tasks. In particular, school publications may be used for marketing purposes and may be provided to parents, staff, employees, independent contractors and other members of the Tasmanian and international educational community. The School will not disclose your personal information to any external third party without your consent.
The School respects an individual’s right to “opt out”.
5.3 Who might the School disclose personal information to?
The School may disclose personal information, including sensitive information, held about an individual to:
- Teachers and sport coaches
- Anyone to whom the individual authorises the School to disclose the information
- Medical practitioners
- Specialist visiting personnel including teachers, sports coaches and other people who provide services to the School
- Another school
- Government Departments
- Recipients of school publications, such as newsletters or magazines
- Old Boys' Association and affiliated bodies
- Parents' Association
- External sporting bodies with a connection to the School
5.3.1 Disclosure of personal information to overseas recipients
The School may disclose personal information and sensitive information to parents/carers, other Schools and its agents in the following locations: China, Hong Kong & Germany, Thailand, Taiwan, Singapore, Indonesia, Spain, France, Italy, Korea and Scotland.
The School will only use or disclose sensitive information for the purpose for which it was provided or for another directly related purpose, unless you agree otherwise, or where the School is legally allowed to use or disclose that sensitive information.
5.4 Management and Security of Personal Information
The School takes active steps to prevent personal information held by it from being misused, lost, modified or accessed other than with appropriate authority, or disclosed, by use of the following methods:
- Use of secure storage for both paper and computer records. Paper records relating to students are kept in locked rooms and/or filing cabinets.
- Computer records are stored on a dedicated server. This server is isolated from student networks so as to minimise opportunities for unauthorised access.
- Past student files are kept in a secure room
- Annual shredding of documents
5.5 Anonymity and pseudonymity
The Australian Privacy Principles allows an individual to deal with the School anonymously or by using a pseudonym. The exception to this is when it is impractical to deal with individuals who have not identified themselves.
5.6 Updating Personal Information
The School takes active and reasonable steps to ensure that the personal information it holds is accurate and complete. An individual may update personal information held by the School by contacting the Debtors Administrator.
In accordance with the Australian Privacy Principles, the School will destroy personal information after it has been identified it is no longer necessary to hold it.
5.7 Access to Personal Information
Under the Act, the School is generally obliged to provide an individual with access to any personal information that the School holds about them.
The process for accessing personal information is as follows
- A written request should be submitted to the Headmaster
- The School will respond to such requests in a reasonable time
- If reasonable to do so, the School will provide the individual access to the information
If access is denied, the School will provide reasons in writing and how the individual may dispute the decision.
If the information sought relates to a student, or past student, then the School generally expects this to be done by the student's parents. Consent given by parents will be treated as consent given on behalf of the student and a notice from parents will act as notice given by the student. The School may, in special circumstances, allow students access to information about them held by the School independently of their parents. The School may also allow a student to give or withhold consent to the use or disclosure of their personal information, particularly sensitive information, where the School considers this to be in the best interests of the student. This may include consideration of whether sensitive information should not be disclosed to a parent. The provision of independent access to information and the respect for withheld consent will normally only be granted after full consideration of the following factors;
- The age and best interests of the student
- The nature of the information
- The student’s expectation about what information might be disclosed
- The need for parents to be informed
- The School’s duty of care to the student
Access to personal information may be denied in certain circumstances. For example, there will be occasions where access to personal information would unreasonably impact on the privacy of others or where access may result in a breach of the School’s duty of care to the student.
Enquiries and complaints
If you would like further information regarding the way the School manages the personal information it holds or wish to make a complaint as you believe that the School has breached the Australian Privacy Principles please submit your request or complaint in writing to the Headmaster.
The School will investigate any complaint and will notify you of the outcome in relation to your complaint as soon as is practicable after it has been made.
6. Supporting Procedures and/or Guidelines
7. Related External Documents
Australian Government, Office of Australian Information Commissioner, Privacy Fact Sheet 17 – Australian Privacy Principles
Commonwealth Privacy Act 1988, particularly section 6 Interpretation.
Australian Government, Office of the Privacy Commissioner, http://www.privacy.gov.au/faq
8. Record Keeping
This policy is to be kept for three (3) years until review unless there is a significant legislative or organisational change requiring earlier review.
The master copy is kept on SharePoint (Policies) and is read-only in PDF form. All printed copies are uncontrolled.
9. Policy Owner
"employee record", in relation to an employee, means a record of personal information relating to the employment of the employee. Examples of personal information relating to the employment of the employee are health information about the employee and personal information about all or any of the following:
(a) the engagement, training, disciplining or resignation of the employee;
(b) the termination of the employment of the employee;
(c) the terms and conditions of employment of the employee;
(d) the employee's personal and emergency contact details;
(e) the employee's performance or conduct;
(f) the employee's hours of employment;
(g) the employee's salary or wages;
(h) the employee's membership of a professional or trade association;
(i) the employee's trade union membership;
(j) the employee's recreation, long service, sick, personal, maternity, paternity or other leave;
(k) the employee's taxation, banking or superannuation affairs.
"health information" means:
(a) information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual's expressed wishes about the future provision of health services to him or her; or
(iii) a health service provided, or to be provided, to an individual; that is also personal information; or
(b) other personal information collected to provide, or in providing, a health service; or
(c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or
(d) genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
"health service" means:
(a) an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the person performing it:
(i) to assess, record, maintain or improve the individual's health; or
(ii) to diagnose the individual's illness or disability; or
(iii) to treat the individual's illness or disability or suspected illness or disability; or
(b) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
1Privacy Act 1988 (Commonwealth) refer section 6
2Privacy Act 1988 (Commonwealth) refer section 6