Privacy Policy


APP Privacy Policy November 2021 Version 4

Background:

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) was passed with amendments on 29 November 2012. The Privacy Regulation 2013, made under the Privacy Act, commenced on 12 March 2014.

The Privacy Amendment Act includes a set of new, harmonised, privacy principles that will regulate the handling of personal information by both Australian government agencies and businesses. These new principles are called the Australian Privacy Principles (APPs). They will replace the existing Information Privacy Principles (IPPs) that currently apply to Australian Government agencies and the National Privacy Principles (NPPs) that currently apply to businesses. Under the changes, there are 13 new APPs. These are:

APP 1 – open and transparent management of personal information

APP 2 – anonymity and pseudonymity

APP 3 – collection of solicited personal information

APP 4 – dealing with unsolicited personal information

APP 5 – notification of the collection of personal information

APP 6 – use and disclosure of personal information

APP 7 – direct marketing

APP 8 – cross-border disclosures

APP 9 – adoption, use or disclosure of government related identifiers

APP 10 – quality of personal information

APP 11 – security of personal information

APP 12 – access to personal information

APP 13 – correction of personal information

 

Under the Privacy Amendment Act, ACBC is required to have a clearly expressed and up to date policy (the APP privacy policy) about the management of personal information by the entity. ACBC has in place a range of general policies and procedures which are documented in a student’s handbook, staff handbook and in policies and procedures documents. The information in these documents complies with Standards for Registered Training Organisations 2015 .

Consent for collection, use or disclosure of personal information

The following is provided to you on behalf of the Student Identifiers Registrar (Registrar).

You are advised and agree that you understand and consent that the personal information you provide in connection with your application for a Unique Student Identifier (USI):

  • is collected by the Registrar as authorised by the Student Identifiers Act 2014.
  • is collected by the Registrar for the purposes of:
    • applying for, verifying and giving a USI;
    • resolving problems with a USI; and
  • creating authenticated vocational education and training (VET) transcripts;
  • may be disclosed to:
    • Commonwealth and State/Territory government departments and agencies and  statutory bodies performing functions relating to VET for:
      • the purposes of administering and auditing VET, VET providers and VET programs;
      • education related policy and research purposes; and
      • to assist in determining eligibility for training subsidies;
    • VET Regulators to enable them to perform their VET regulatory functions;
    • VET Admission Bodies for the purposes of administering VET and VET programs;
    • current and former Registered Training Organisations to enable them to deliver VET courses to the individual, meet their reporting obligations under the VET standards and government contracts and assist in determining eligibility for training subsidies;
    • schools for the purposes of delivering VET courses to the individual and reporting on these courses;
    • the National Centre for Vocational Education Research for the purpose of creating authenticated VET transcripts, resolving problems with USIs and for the collection, preparation and auditing of national VET statistics;
    • researchers for education and training related research purposes;
    • any other person or agency that may be authorised or required by law to access the information;
  • any entity contractually engaged by the Student Identifiers Registrar to assist in the performance of his or her functions in the administration of the USI system; and
  • will not otherwise be disclosed without your consent unless authorised or required by or under law.

 

The consequences for not providing the Registrar with some or all of your personal information are that the Registrar will not be able to issue you with a USI.

Privacy policies and complaints

You can find further information on how the Registrar collects, uses and discloses the personal information about you in the Registrar’s Privacy Policy or by contacting the Registrar on usi@education.gov.au or telephone 1300 857 536, international enquiries +61 2 6240 8740. The Registrar’s Privacy Policy contains information about how you may access and seek correction of the personal information held about you and how you may make a complaint about a breach of privacy by the Registrar in connection with the USI and how such complaints will be dealt with.

You may also make a complaint to the Information Commissioner about an interference with privacy pursuant to the Privacy Act 1988, including in relation to the misuse or interference of or unauthorised collection, use, access, modification or disclosure of USIs.

Photography privacy

ACBC recognises that in some circumstances there are sensitivities relating to the taking of photographs. This is particularly relevant to capturing images of children. We may, from time to time, wish to take photos of training activities we are conducting. When these instances arise in an environment external to our own training facilities, we will first obtain permission from the premises owner or manager. Students and staff members are required to sign a release form to allow the taking and use of photographs/images.

 

Handling Information –

ACBC may collect information from students or potential students, either electronically or in hard copy format, including information that personally identifies individual users. ACBC may also record various communications that students or potential students have with us.

 

In collecting personal information we will comply with the privacy requirements of the Higher Education Support Act 2003 and the information privacy principles set out in the Privacy Act 1988 (as amended). This includes the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) and subsequent Privacy Regulation 2013, made under the Privacy Act, which commenced in March 2014.

Collection and management of students’ personal information in accordance with the Australian Privacy Principles

ACBC will only collect personal information by fair and lawful means, which is necessary for the functions of ACBC and is committed to ensuring the confidentiality and security of the information provided to us.

The personal information supplied by individuals to ACBC will only be used to provide information about study opportunities, course administration, academic information and to maintain proper academic records.  If an individual chooses not to give ACBC certain information then ACBC may be unable to enrol the individual in a course or supply them with appropriate information.

Collection and management of students’ personal information in accordance with the Australian Privacy Principles

ACBC will only collect personal information by fair and lawful means, which is necessary for the functions of ACBC and is committed to ensuring the confidentiality and security of the information provided to us.

The personal information supplied by individuals to ACBC will only be used to provide information about study opportunities, course administration, academic information and to maintain proper academic records.  If an individual chooses not to give ACBC certain information then ACBC may be unable to enrol the individual in a course or supply them with appropriate information.

Students’ right to access their personal information and records

Students have the right to access or obtain a copy of the personal information that ACBC holds about them.  Requests to access or obtain a copy of personal information must be made in writing to the campus manager.  There is no charge for a student to access personal information that ACBC holds about them. To request a copy of their records, student must complete a Student Access to Records Form, which can be obtained from Student Services. The must submit the form to the Campus Manager, who will organise access to the records within two business days.

 

Students’ right to correct their personal information

If a student considers their personal information to be incorrect, incomplete, out of date or misleading, they can request that the information be amended. Where a record is found to be inaccurate, we must correct the record.  Where a student requests that a record be amended because it is inaccurate but the record is found to be accurate, the details of the request for amendment will be noted on the record.

 

Written requests for access to and/or to correct records and personal information held by ACBC should be sent to:

 

Director of Studies

28 Memorial Avenue

Liverpool, NSW 2170

 

Use and disclosure of a student’s personal information collected by ACBC

Personal information about students studying with ACBC may be shared with the Australian Government and designated authorities, including the Tuition Assurance Scheme.  This information includes personal and contact details, course enrolment details and changes, and the circumstance of any suspected breach of a student visa condition.

 

Any person or organisation to whom personal information is disclosed as described in this procedure will be required to not use or disclose the information for a purpose other than the purpose for which the information was supplied to them.

 

We will not disclose a student’s personal information to another person or organisation unless:

  1. the student concerned is reasonably likely to have been aware, or made aware that information of that kind is usually passed to that person or organisation;
  2. the student concerned has given written consent to the disclosure;
  3. ACBC believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the student concerned or of another person;
  4. the disclosure is required or authorised by or under law; or
  5. the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.

 

Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, ACBC shall include in the record containing that information a note of the disclosure.

 

Commonwealth assistance

Personal information may also be collected to assess an individual’s entitlement to Commonwealth assistance under the Higher Education Support Act 2003 and to allocate a Commonwealth Higher Education Student Support Number (CHESSN). ACBC will disclose this information to the Department of Education and Training (DET) for these purposes. DET may disclose information to the Australian Taxation Office. Personal information gathered for these purposes will not otherwise be disclosed without the individual’s consent unless required or authorised by law.

 

Security of personal information

ACBC will take all reasonable steps to ensure that any personal information collected is relevant to the purpose for which is was collected, is up to date and complete.

ACBC will store securely all records containing personal information and take all reasonable security measures to protect, personal information collected from unauthorised access, misuse or disclosure.