1.2. Purpose and amendments
In this Policy, the following terms are defined as:
a) ‘APPs’ means any of the Australian Privacy Principles set out in the Privacy Act.
b) ‘Collection Notice’ means any privacy collection statement 1300apprentice provides to its applicants and workers.
c) ‘Eligible Data Breach’ has the same meaning as set out in the Privacy Act.
d) ‘Personal Information’ refers to information or an opinion about workers which and worker’s identity can reasonably be ascertained. This includes any personal information or opinions about the person, whether true or not, no matter how the information or opinions are recorded. 1300apprentice only collects Personal Information that it needs for a Relevant Purpose.
e) ‘Privacy Act’ means the Privacy Act 1988 (Cth) as amended from time to time.
g) ‘Sensitive Information’ is a special category of Personal Information and includes information about a person’s health, race or ethnic origin, political or religious beliefs, membership of a trade union or association, sexual preference or criminal record. 1300apprentice will not disclose a person’s Sensitive Information without the person’s consent, unless there is a need to disclose such information in accordance with Privacy Act 1988 (Cth) or to comply with any other legislation.
h) ‘Employment Records’ is a record of Personal Information relating to the employment of the worker or a former worker. This may include health information; the engagement, training, disciplining or resignation of the worker; the termination of employment of the worker; the terms and conditions of employment; the worker’s personal and emergency contact details; leave records; taxation, superannuation or banking details; and the worker’s salary or wages.
i) ‘Relevant Purpose’ is a purpose related to the person’s employment, interaction or engagement with 1300apprentice whether it be prospective, current or retrospective. Examples of a Relevant Purpose include but are not limited to, recruitment, selection, training, development, consulting, counselling, or engagement of services.
j) ‘Confidential Information’ includes (but is not limited to) the following, 1300apprentice’s and its Related Bodies Corporate: trade secrets; intellectual property; confidential know-how; policies, systems and protocols; information about the business and its affairs such as pricing and fee information, marketing or strategic plans, commercial and business plans, financial information and data, and operational information and methods; methodologies and supporting documentation; software products, manuals and associated tools; commercial information in relation to current and prospective operations; information about suppliers, dealers, clients or customers such as their specific requirements, arrangements and past dealings; client lists, customer lists, supplier lists, dealer lists; customer, client and supplier lists; business cards and diaries, calendars or schedulers; reports; working papers; training manuals; equipment; computer information and programs; Personal and financial Information of which you become aware, and all other information obtained from 1300apprentice or obtained in the course of a person’s employment with 1300apprentice that is by its nature confidential
k) ‘Related Bodies Corporate’ has the same meaning as defined in the Corporations Act 2001 (Cth).
1.4. Prospective workers
a) Information collected
i) 1300apprentice collects Personal Information from job applicants and candidates in the recruitment process. A failure by an applicant to provide any lawfully requested information may result in the processing of the application being delayed or may result in the application being unsuccessful. Any information which is provided by a job applicant which is later found to be false may result in the person’s application being unsuccessful. If the person is employed, it may result in the termination of that person’s employment.
ii) The collection of Personal Information from job applicants may be obtained from a third party source, such as a recruitment agency. If 1300apprentice collects information about you in this way, 1300apprentice will take reasonable steps to contact you and ensure that the information is correct and you are aware of the use for which 1300apprentice is collecting this Personal Information.
iii) If a prospective worker seeks access to and/or correct their Personal Information held by 1300apprentice they should contact the Payroll Officer or Privacy Officer. The Privacy Officer’s details are as follows:
Phone: (02) 9715 7344
Facsimile: (02) 9745 2900
Postal Address: PO Box 2006 BURWOOD NORTH NSW 2134
b) Unsuccessful applications
i) If a job applicant applies for a job and their application is unsuccessful but they would like 1300apprentice to hold on to their application to consider them for other positions which may arise from time to time, the applicant should provide their written consent to 1300apprentice to do so.
c) Access to and correction of Personal Information
i) Subject to any agreed or lawful exceptions, a worker or job applicant has a right to:
A. access and copy their Personal Information which is held by 1300apprentice; and
B. correct any incorrect information held by 1300apprentice about the worker or job applicant.
d) Security of Personal Information 1300apprentice will take reasonable steps to keep a job applicant’s Personal Information secure.
e) Complaints If a job applicant has a complaint about 1300apprentice’s privacy practices, they should contact the Privacy Officer.
a) Why information is collected 1300apprentice collects Personal Information from workers for the following purposes (Primary Purpose):
i) to lawfully carry out 1300apprentice functions and activities;
ii) to deliver the products and services that are requested;
iii) to provide workers with further information about the products and services you requested;
iv) to personalise and customise workers’ experiences with 1300apprentice;
v) to help 1300apprentice review, manage and enhance products and services;
vi) to communicate with workers;
vii) for administration purposes, including charging, billing and collecting debts;
viii) to promote and market those of 1300apprentice’s other products and services which 1300apprentice considers may be of interest to workers;
ix) when considering making offers to job applicants and prospective employees or for employment purposes;
x) to organise employee work placements;
xi) for performance appraisals;
xii) to assess employee performance and prospects;
xiii) for testing or assessment purposes including medical tests and assessments where required;
xiv) to identify employee training needs;
xv) for workplace rehabilitation;
xvi) managing complaints, investigations or inquiries;
xvii) for insurance claims or proposals that require personal or sensitive information;
xviii) information required for the Department of Education and Communities registrations for Australian Apprenticeships; and
xix) for information to provide to a worker’s Host Employer.
In addition to the Primary Purpose, 1300apprentice may use the Personal Information it collects and the worker consents to us using the worker’s Personal Information to:
xx) communicate with workers, including by email, telephone and mail;
xxi) manage and enhance products or worker’s experience on 1300apprentice’s website and domains;
xxii) verify worker’s identity;
xxiii) investigate any complaints about, or made by workers, or if 1300apprentice have reason to suspect workers have breached any relevant terms and conditions; and
xxiv) as required or permitted by any law. Unless otherwise provided by law, 1300apprentice will not collect, hold, use or disclose sensitive information without a worker’s consent.
b) Personal Information collected
i) The nature and extent of Personal Information 1300apprentice collects varies depending on a person’s particular interaction with us and the nature of our functions and activities.
ii) Personal information that 1300apprentice commonly collects from workers would include (but is not limited to):
A name, position, date of birth;
B address, email address, telephone numbers, gender, driver’s licence number, birth certificate or citizenship certificate or permanent residency visa;
C financial information including banking information, tax file number, superannuation details, USI number;
D career history and references;
E academic results from current or past studies including WH&S Cards; and
F Photo I.D.,
iii) 1300apprentice also collect information that is not Personal Information, such as data relating to a worker’s activity on the 1300apprentice Website.
iv) If a worker feels that the Personal Information 1300apprentice is requesting, at any point, is not information that the worker wishes to provide, please feel free to raise this with 1300apprentice.
c) Collection of Personal Information
i) Generally, Personal Information is collected by 1300 apprentice from a variety of sources, including government departments, Registered Training Organisations, when dealing with individuals, undertaking marketing initiatives, or when recruiting.
ii) Personal Information may be provided by workers using the 1300apprentice Website or by telephone, business cards, contracts, applications, competition entries, survey entries, mail or email, registration forms, face-to-face or in writing, whether verbally, in hardcopy or electronic format.
iii) Where possible, 1300apprentice collects Personal Information directly from workers. In some circumstances 1300apprentice may obtain Personal Information from a third party.
d) Use of Personal Information
i) 1300apprentice will only use and disclose Personal Information:
A for purposes which are related to the Primary Purpose; or
ii) For purposes which are related to the Primary Purpose, 1300apprentice are required to use and disclose personal information to the following organisations:
A potential and actual host employers and clients of 1300apprentice;
D a government department (associated with apprentices and trainees), profession association or registration body that has a proper interest in the disclosure of Personal Information;
E a workers’ compensation authority; F contractors and suppliers for example, IT contractors and database designers;
G Australian Apprenticeship Centre;
H Federal and State Government Departments who are required to receive information for the processing and recording of apprenticeship and trainee details; and
I an appropriate Registered Training Organisation.
iii) 1300apprentice will not use a worker’s Personal Information for any purpose for which the worker would not reasonably expect 1300apprentice to use the Personal Information. Additionally, 1300apprentice will not disclose a worker’s Sensitive Information without a worker’s consent, unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any other regulatory requirement.
e) Correction of records
i) 1300apprentice requests that workers keep their Personal Information as current as possible. If a worker feels that any information about them is not accurate or their details have or are about to change, a worker can:
A call 1300apprentice on (02) 9715-7344 or email email@example.com and 1300apprentice will correct or update the worker’s Personal Information; or
ii) If a worker makes a request to correct their Personal Information, 1300apprentice will:
A respond to the worker’s request within a reasonable period; and
B if reasonable and practicable, correct the information in the manner requested.
C It may be a requirement to provide some changes in writing, e.g. Banking details or addresses. If changes are not received in writing, the changes may not be made.
iii) If 1300apprentice refuse a request to correct Personal Information, 1300apprentice will:
A give the worker a written notice setting out the reasons for the refusal and how the worker may make a complaint; and
B take reasonable steps to include a statement with the worker’s personal information as to why 1300apprentice refuse to correct it.
iv) 1300apprentice reserves the right to charge the worker reasonable expenses for making a correction to the worker’s Personal Information, for example, a fee for photocopying relevant information.
f) Maintenance of records
i) 1300apprentice is required to keep Employment Records for seven (7) years from the date on which an entry is made or from termination of a worker’s employment, depending on which happens first.
ii) In the case of other records such as tax records, 1300apprentice must maintain those records for a continuous period of seven (7) years from the date the entry is made.
g) Disclosure 1300apprentice may share a worker’s Personal Information:
i) amongst our Related Bodies Corporate, some of which may be located overseas, for a Relevant Purpose. If 1300apprentice send a worker’s Personal Information to an overseas recipient, 1300apprentice will take reasonable measures to protect the information such as ensuring information is de identified where appropriate. However, if 1300apprentice discloses Personal Information to overseas recipients, 1300apprentice are not obliged to take reasonable steps to ensure overseas recipients of the Personal Information comply with the Privacy Act and the APPs.
ii) with third parties such as:
A TAFE and RTO; B Schools you have attended; C Previous employers; D Prospective employers;
E Australian Taxation Office;
G Financial Institutions;
H State Rail Authority;
I Apprenticeship Support Network Provider;
J Superannuation Funds;
K Job Services Australia providers; and
L Other government bodies.
i) Workers of 1300apprentice are not permitted to disclose Confidential or Personal Information which is collected by 1300apprentice about its suppliers, customers, agents or contractors. If a worker is not sure whether information is Confidential or Personal, they must check with 1300apprentice’s Privacy Officer or their immediate manager.
ii) Confidential and Personal Information is information that is not in the public domain. It includes, but is not limited to, the following types of information:
A any Personal Information about an individual which has been collected by 1300apprentice;
B any information about a supplier, customer, agent or contractor of 1300apprentice;
C any Personal Information about a worker or colleague (including a prospective or former worker); and
D any information about 1300apprentice’s business affairs or business systems.
i) Access to Personal Information
i) If a worker requires access to their Personal Information, please contact our Privacy Officer. Workers are required to put their request in writing and provide proof of their identity.
ii) 1300apprentice are not obliged to allow access to a worker’s Personal Information if:
A 1300apprentice reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
B giving access would have an unreasonable impact on the privacy of other individuals;
C the request for access is frivolous or vexatious;
D the information relates to existing or anticipated legal proceedings between 1300apprentice and you and would not ordinarily be accessible by the discovery process in such proceedings;
E giving access would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations;
F giving access would be unlawful;
G denying access is required or authorised by or under an Australian law or a court/tribunal order;
H 1300apprentice have reason to suspect that unlawful activity, or misconduct of a serious nature relating to 1300apprentice’s functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
I giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
J giving access would reveal internal evaluative information in connection with a commercially sensitive decision-making process.
iii) If a worker makes a request for access to Personal Information, 1300apprentice will:
A respond to the worker’s request within a reasonable period; and
B if reasonable and practicable, give access to the information in the manner requested.
iv) If 1300apprentice refuses to give access to the Personal Information, 1300apprentice will give the worker a written notice that sets out at a minimum: A 1300apprentice’s reasons for the refusal (to the extent it is reasonable to do so); and B the mechanisms available to complain about the refusal.
v) 1300apprentice reserve the right to charge the worker reasonable expenses for providing access to Personal Information, for example, a fee for photocopying any information requested by the worker.
j) Integrity of Personal Information
i) 1300apprentice will take reasonable steps to:
A ensure that the Personal Information that 1300apprentice collects is accurate, up to date and complete;
B ensure that the Personal Information that 1300apprentice hold, use or disclose is, with regard to the relevant purpose, accurate, up to date, complete and relevant; and
C secure workers Personal Information while it is being held by 1300apprentice.
ii) 1300apprentice will take reasonable steps to protect Personal Information from: A misuse, interference and loss; and B unauthorised access, modification or disclosure.
k) Security and Protection
i) Electronic information is protected by various security measures (including encryption and password protection) and physical paper files are stored in a secure location. Personal information is de-identified where appropriate. Data protection includes the use of password access areas and secure servers.
ii) In relation to all Personal Information, 1300apprentice will take all reasonable steps to protect workers Personal Information from misuse, loss or unauthorised access or disclosure.
iii) 1300apprentice require staff to respect the confidentiality of workers Personal Information. 1300apprentice store workers Personal Information on a secure server behind a firewall and use procedures including IP blocking, whitelisting and other security software encrypted databases accessible only by authorised personnel to protect all Personal Information from unauthorised access, destruction, use, modification or disclosure.
iv) A Worker must contact 1300apprentice immediately if they become aware or suspect any misuse or loss of any Personal Information.
l) Notifiable Disclosure
i) 1300apprentice will comply with the Privacy Act in all instances of an Eligible Data Breach.
ii) If 1300apprentice suffer an Eligible Data Breach then 1300apprentice will do the following:
A conduct an assessment into the security incident if 1300apprentice have reasonable grounds to suspect an Eligible Data Breach has occurred;
B notify the Office of the Australian Information Commissioner (OAIC); and
C will promptly notify the affected individuals and all individuals at likely risk of serious harm.
iii) There are some exceptions to notification which are set out in the Privacy Act.
i) If a worker has a complaint about how 1300apprentice collect, use, disclose, manage or protect a worker’s Personal Information, or otherwise consider there may be a breach of the Privacy Act or the APPs, please contact 1300apprentice in writing.
ii) 1300apprentice treats all complaints seriously and intends to resolve a worker’s complaint within a reasonable timeframe, usually 14 days or otherwise as soon as practicable. However, in some complex cases, resolution may take longer.
iii) Once the complaint has been received, 1300apprentice will try to resolve the matter in a number of ways:
A Request for further information: 1300apprentice may request further information from the worker. Workers should be prepared to provide 1300apprentice with as much information as possible, including details of any relevant dates and documentation. This will enable 1300apprentice to investigate the complaint and determine an appropriate solution. All details provided will be kept confidential.
B Discuss options: 1300apprentice will discuss options for resolution with the worker and if the worker has suggestions about how the matter might be resolved the worker should raise these with our Privacy Officer.
C Investigation: Where necessary, the complaint will be investigated. 1300apprentice will try to do so within a reasonable time frame. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress a worker’s complaint.
D Conduct of our employees: If the worker’s complaint involves the conduct of 1300apprentice employees, 1300apprentice will raise the matter with the employees concerned and seek their comment and input in the resolution of the complaint.
iv) Workers are free to lodge a complaint directly with the OAIC online, by mail, fax or email. For more information please visit the OAIC website at http://www.oaic.gov.au/privacy/making-a-privacy-complaint