Confidentiality Policy

Introduction

The Confidentiality Policy was formulated taking cognisance of the College’s values and its mission statement. This policy is underpinned by the Information Privacy Act 2009, and the Child Protection Act 1999, Standards for Registered Training Organisations (RTOs) 2015 and the Data Provision Requirements 2012. The College is committed to maintaining an interactive environment that supports and encourages positive and safe experiences amongst both employees and learners.

The confidentiality policy provides guidelines to all employees of the College regarding the standards of behaviour expected in the organisation. The confidentiality policy must be consistently observed during the employee’s period of employment and thereafter. Employees must sign their agreement that they will adhere to the College’s confidentiality policy upon commencement of their employment.

Scope and Application

The policy is applicable to all staff, contractors and stakeholders of the College.

This policy is applied to all aspects of the College’s operations, including its obligations as a registered training organisation.

Overview

The College’s primary purpose is the provision of quality vocational education and training programs to learners.

To specify the conditions under which the College will apply its Confidentiality Policy as part of its commitment to serving the best interests of its employees and learners engaging in its qualifications.

The College will apply this policy consistently and fairly to all employees, prospective learners and learners.

Policy

General principles

Ethics

This includes workplace behaviour and respect for all employee, learner and individual information. The College expects that all information will be treated with integrity and  employees will demonstrate commitment to the College’s system of governance,  accountability and transparency.

Values

All employees, contractors and stakeholders are expected to contribute to an honest, inclusive and non-discriminatory work environment.

Accountability

The College expects its employees, contractors and stakeholders to take responsibility for their own actions, ensure appropriate use of information, exercise diligence and duty of care obligations and avoid conflicts of interest. Employees will comply with their job description, demonstrate their commitment to the organisation and properly use the College’s computer, internet and email facilities.

Standard of practice

Employees, contractors and stakeholders are expected to remain up to date with current policies and procedures and operational manuals. They should seek advice from supervisors if they feel that there are conflicts within the policies, procedures and work practices provided to them by the College.

Disciplinary actions

Employees, contractors and stakeholders must handle confidential information professionally in line with the College’s policies and procedures. Failure to adhere to these conditions will result in penalties and/or disciplinary action.

Maintaining confidentiality

1. Learners must be made aware of the requirement for the College to keep records in relation to the learner’s training, assessment and progress in accordance with the Standards for Registered Training Organisations (RTOs) 2015
2. The CEO is responsible for records management
3. The CEO is also responsible for the storage of all learner details, records, files, training and assessment outcomes and records in accordance with the VET Quality Framework, specifically, the Standards for RTOs 2015
4. Learners will only have access to their personal records kept by the College that relate to them as an individual. These records will be kept securely for a period of 30 years in accordance with Schedule 5 of the Standards for Registered Training Organisations (RTOs). Learner completed assessment items will be retained in accordance with the Australian Skills Quality Authority (ASQA) Retention requirements for completed learner assessment items.
5. Learners are made aware that their personal information is open to inspection by an authorised person within the College
6. Information in relation to confidentiality issues and concerns will be dealt with in line with the Information Privacy Act 1988
7. Learners are not charged a fee to access their records, unless a learner requests further copies of their original qualifications, wherein a fee of $20.00 is required
8. Breaches of confidentiality may be made in accordance with the Complaints and Appeals Policy, or under the terms of employee’s conditions of employment as appropriate
9. Except as required under the Standards for RTOs 2015, government contracts or by law, information about a learner will not be disclosed to a third party without the written consent of the learner. The College will endeavor to protect the confidentiality of its learners or affiliated organisations at all times
10. The College is required to maintain an AVETMISS compliant learner management system to record and maintain all learner details and training records.

Under the Data Provision Requirements 2020, the College is required to collect personal information about learners and to disclose that personal information to the National Centre for Vocational Education Research (NCVER). This personal information may be used or disclosed by the College for statistical, administrative, regulatory and research purposes.

The College may disclose learners’ personal information for these purposes to:

• Commonwealth and State or Territory government departments and authorised agencies
• NCVER.

Personal information about learners that must be forwarded to NCVER by the College includes and is not limited to:

1. Learner’s name
2. Start date/expected completion date
3. Address
4. Contact details
5. Personal information relevant to studies or course requirements
6. Employment or placement details
7. Details of fees owing or paid
8. Copies of written agreements between the College and the learner

Personal information disclosed to NCVER may be used or disclosed by NCVER for the following purposes:

• facilitating research relating to education, including surveys and data linkage
• understanding the VET market for policy, workforce planning and consumer information
• administering VET, including program administration, regulation, monitoring and evaluation.

Learners are informed that they may receive a student survey from a government department or NCVER employee, agent, third-party contractor or other authorised agency. Learners may opt out of the survey at the time of being contacted.

NCVER collects, holds, uses and discloses learners’ personal information in accordance with the Privacy Act 1988 (Cth.), the National VET Data Policy and the policies and protocols published on its website, at www.ncver.edu.au.