Privacy Policy

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POLICY

The right of persons to privacy and confidentiality is recognised and respected at all times.

SCOPE

This internal policy concerns personal and health information collected by BGT for the purpose of providing services to clients, verifying credentials and fulfilling statutory obligations. It applies to everyone who works at BGT - Board Members, employees, contractors, volunteers, apprentices and trainees.

DEFINITIONS

Privacy

The right of any individual to have personal and health information used only for authorised purposes

Confidentiality

The right of any individual to have their personal information kept in confidence.

Personal Information

Information or an opinion about an individual whose identity is apparent or can reasonably be ascertained, from the information of an individual.

Health Information

Information or an opinion about the physical, mental or psychological health of an individual.

Consent

Informed voluntary agreement by the individual or authorised representative regarding the use and disclosure of personal information.

Use

Use of personal information where the information is handled internally within an organisation.

Disclosure

Occurs when information is provided to a third party, outside of BGT

Privacy Officer

A person designated to handle feedback and enquiries about personal information handling practices.

PRINCIPLES

1. Collection and use of personal and health information will be limited to that which is necessary for the delivery of services and the effective functioning of BGT.
2. BGT will only collect personal information directly from the person it relates to.
3. Personal and health information will only be accessed, used and/or disclosed for the primary purpose for which it was collected.
4. Disclosure of personal and health information to a third party is not permitted without the person’s express written consent.
5. Where disclosure of personal or health information is requested by a third party, the requester identity and their right to receive the information, must be verified.
6. Staff will ensure that conversations regarding personal and health information are necessary, factual and conducted only with authorised personnel and must take place with discretion, away from the public area.
7. Staff shall comply with systems in place to protect personal and health information from unauthorised access and disclosure, misuse, loss, modification and wrongful deletion or destruction.
8. Hard copies of confidential paper, and electronic records and documents must be secured away from unauthorised access and public view.
9. Staff must not share logons and passwords to systems containing personal or health information.
10. Hard copies of confidential information that does not need to be retained in accordance with legislation must be disposed of in labelled and locked Confidential Disposal bins. It must not be placed in general recycle bins or general rubbish.
11. Disclosure of personal or health information is permitted where required by legislation.
12. An individual has the right to request access to personal information held by BGT about them. An individual also has the right to request correction of any personal information that BGT hold.

RESPONSIBILITY

1. It is the responsibility of each Board Member, employee, contractor, volunteer, apprentice and trainee to comply with the requirements of this policy and associated procedures at all times and to raise any concerns regarding privacy or document management with their manager.
2. It is the responsibility of Management to ensure that employees are aware of and abide by this policy and to monitor employee compliance at all times.
3. At BGT the CEO is the appointed Privacy Officer.
4. Failure to comply with this policy may result in disciplinary action, including dismissal, or prosecution, if in breach of any section of the relevant Acts.

PROCEDURES

1. Informing clients of the BGT privacy and confidentiality policy
   On commencement of services, staff will explain the BGT privacy and confidentiality policy to clients including what information is collected and why it is collected, our obligation to protect the information, and how to make a complaint about a potential breach.
2. Informing clients of information collected to meet statutory/contractual obligations
   As a contracted service provider to the Commonwealth Government of Australia and the Victorian State Government to provide education, training, employment and associated services, BGT may be required to collect an individual’s personal and health information for the Commonwealth and State Government departments and funding bodies including:
3. Full name
4. Tax file number
5. Date of Birth
6. Language(s) spoken
7. Country of birth
8. Disability Status
9. Address
10. Indigenous Status
11. Telephone Number
12. Education Achievements
13. Contact Details
14. Employment Details (past and current)
15. Medical Assessments and Reports
16. Police Checks (if applicable)
17. Credit Card Details (if applicable)
    
    This information will be outlined on commencement of our services.
18. Completing registration and consent forms. 
    Consent for the collection of personal and health information is sought through relevant registration and consent forms, including but not limited to:
19. Better Futures and Consent Form
20. Reconnect: Engagement and Learner Supports Registration Form (aged under 18 years and aged 18-24 years)
21. Consent to collect and disclose personal information (photographs and images of people)
22. Provisions for individuals seeking to access their own records.
    An individual requesting access to their own personal information will be required to verify their identity and specify what information they require.  A fee may be charged for provision of access. BGT will advise the individual of the likely costs in advance.
23. Disclosure to a third party.
    Staff must not disclose any personal or health information unless:
24. the requester identity and their right to receive the information has been verified, and;
25. consent form has been signed by the individual, and;
26. the disclosure is in accordance with any statutory/contractual obligations.
27. Disclosure to job applicants. 
    BGT staff will explain to job applicants that as part of the recruitment process BGT will collect personal information including:
28. current and/or previous employers, and;
29. referees as nominated by the individual, and;
30. Working with Children Checks, and;
31. Police Checks
    
    BGT staff will assure job applicants that this information is handled confidentially and that BGT take all reasonable measures to protect this information.
32. Handling information collected from the BGT Website. 
    Information collected through the BGT website will be identified and a third party will be used to analyse traffic at the website.
33. Cookies. 
    A cookie is a piece of data stored on the visitor's hard drive containing information about the visitor. Cookies and tracking technologies are useful for gathering information, such as browser types and operating systems, tracking the number of visitors to a website and understanding how visitors use the websites they browse. This information can help customise a website for specific users. BGT Jobs & Training generally uses cookies for login convenience only.
34. Maintaining confidentiality
    Staff must keep personal and health information in the strictest confidence and act in good faith towards BGT to prevent (or if impractical, report) the unauthorised disclosure of any confidential information.
35. Lodging complaints
    Any person who on reasonable grounds believes that this policy has been breached may make a complaint, in writing, to BGT’s Privacy Officer specifying details of the alleged breach at the following address:
    
    CEO
    25-39 Barkly Street
    Ballarat 3353 Victoria
    Phone: 03 5333 8600
    Email: [email protected]
    
    It is requested that the written complaint be forwarded within a timely manner so a formal investigation can be undertaken. The Board will be notified of the complaint at the next Board meeting or if deemed appropriate due to its nature, the CEO should notify the Board Chair within one business day. Complaints will be investigated in line with BGT’s Complaints and Appeals Policy.
36. Breach
    BGT views a breach of privacy & confidentiality extremely seriously. In many cases a breach of privacy & confidentiality will constitute grounds for immediate termination of employment. At BGT’s discretion other less serious disciplinary action may be taken in line with HR03–P02 Disciplinary & Performance Management Procedure.

RELEVANT LEGISLATION

• Privacy Act 1988
• Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth)
• Privacy and Data Protection Act 2014
• Health Records Act 2001
• Mental Health Act 2014
• Archives Act 1983
• Freedom of Information Act 1982
• Freedom of Information Amendment (Reform) Act 2010
• Charter of Human Rights and Responsibilities Act 2006