Creator Academy is committed without reservation to delivering the highest quality education to its community. This quality is due in large part to the character of relationships and efficacy of communication between students, parents and the Educator. The nature of this communication is informed by the complexities of education and requires that the Educator be sufficiently informed to exercise sound judgement and offer constructive guidance. Being so informed requires the Educator to collect, use and disclose the personal information of students and parents.
The Educator regards its partnership with families as fundamentally important and will communicate with parents and students regularly on matters relating to teaching and learning, attendance, Educator activities and discipline. When making judgements about how, when, what and to whom to communicate, the Educator takes account of its responsibilities in relation to parents and students respectively, matters of privacy, the sensitivity of the information, its general duty of care and the wellbeing of those involved.
This Policy has been prepared to meet the requirements of the Australian Privacy Principles contained in the Commonwealth Privacy Act 1988 (Privacy Act). In relation to health records Creator Academy is also bound by the New South Wales Health Privacy Principles contained in the Health Records and Information Privacy Act 2002. The Educator has additional relevant obligations under the Workplace Surveillance Act 2005 and the Surveillance Devices Act 2007.
1. Policy objectives
This policy has been created to explain:
a) What personal information (Privacy Act, Section 6) Creator Academy collects and how it collects it;
b) How Creator Academy uses the personal information; and,
c) How Creator Academy might disclose the personal information.
2. Policy implementation and responsibilities
2.1 Compliance with the Australian Privacy Principles and other relevant privacy codes
2.1.1 Creator Academy will manage personal information in an open and transparent way in accordance with this Policy. Creator Academy will take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to its functions or activities that will ensure that it complies with the Australian Privacy Principles and other relevant privacy codes and will enable it to deal with inquiries or complaints from individuals about the Educator’s compliance with the Australian Privacy Principles or such a code.
2.2 Collection of personal information
2.2.1 Creator Academy will endeavour to collect only information which is reasonably necessary for its functions or activities.
2.2.2 The type of information that Creator Academy collects and holds includes (but is not limited to) imagery and personal information including health and other sensitive information (Privacy Act, Section 6) about:
a) Pupils, prospective pupils and parents and/or guardians (parents) before, during and after the course of a pupil's enrolment at the Educator;
b) Employees, job applicants, volunteers and contractors; and,
c) Other people who come into contact with the Educator (including alumni).
2.2.3 Creator Academy will generally collect this information by way of forms filled out by parents or pupils, at face-to-face meetings, events and interviews, and telephone calls. In some circumstances Creator Academy may be provided with personal information about an individual from a third party, for example a report provided by a medical professional or a reference from another educator.
2.3 Use of personal information
2.3.1 Generally, Creator Academy may use personal information for the following purposes:
a) To keep parents informed about matters related to their child's education including teaching and learning, attendance, Educator activities and discipline through personal communication including academic reports and parent teacher interviews;
b) To perform day-to-day administration;
c) To look after pupils' educational, social and medical wellbeing;
d) To assess eligibility for scholarship and/or financial support purposes;
e) To seek donations and conduct marketing activities for the Educator;
f) To celebrate individual achievement in academic, sport, music or other pursuit;
g) To administer an individual's employment or contract;
h) For insurance purposes; and,
i) To satisfy the Educator's legal obligations, for example, in relation to child protection legislation, and allow the Educator to discharge its duty of care.
2.4 Disclosure of personal information
2.4.1 The people and organisations to whom Creator Academy may disclose personal information held about an individual include:
a) Another educator;
b) Government departments;
c) Medical practitioners;
d) People providing services to the Educator, including specialist visiting teachers, counsellors and sports coaches;
e) Recipients of Educator publications, like newsletters and magazines (excluding sensitive information)
g) People whom the relevant pupil, parents, job applicant, volunteer, contractor or other person authorise the Educator to disclose information to; and,
h) Other entities as required by law or where disclosure is necessary to prevent a threat to life, health or safety.
2.4.2 Creator Academy will only disclose information to a person or organisation after taking reasonable steps to satisfy itself that the person or organisation: a) has adopted information handling and storage protocols complying with the Australian Privacy Principles; and b) will keep that disclosed information confidential.
2.4.3 Creator Academy does not sell or license personal information to any person or organisation.
2.4.4 Creator Academy may disclose personal information (including sensitive information) to an overseas recipient, for instance, to facilitate an international exchange or overseas field trip. However, Creator Academy will not send personal information about an individual to an overseas recipient: a) without expressly informing the individual that such a disclosure may occur; or b) unless the Educator reasonably believes the disclosure is necessary to prevent a serious threat to the life, health or safety of any individual or to public health or safety; or c) where a permitted general situation (Privacy Act, Section 16A) exists.
2.5 Management and security of personal information
2.5.1 Creator Academy has in place steps to protect the personal information it holds from misuse, loss, unauthorised access, modification or disclosure by use of various methods including locked storage of paper records and password access rights to computerised records.
2.6 Updating personal information
2.6.1 Creator Academy endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. Any person who believes the information Creator Academy holds about them requires changing or is out of date should contact the Headmistress.
2.6.2 If Creator Academy is satisfied that personal information about an individual is inaccurate, incomplete, not up-to-date, irrelevant or misleading and an individual requests Creator Academy to correct the information, Creator Academy will take reasonable steps to correct the information, having regard to the purpose for which it is held.
2.7 Right to check personal information
2.7.1 Under the Australian Privacy Principles, any person may be able to obtain a copy of the personal information Creator Academy holds about them. The Australian Privacy Principles provide some exceptions in this regard.
2.7.2 To make a request to access this information, a person should write to the Director. Creator Academy may require verification of identity and specification of the information required, and may charge a fee to recover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested. If this is the case, Creator Academy will advise the likely cost in advance.
2.7.3 Pupils will generally have access to their personal information through their parents, but older pupils may seek access themselves (as set out in the following section).
2.8 Consent to collection, use and disclosure of personal information
2.8.1 Generally, Creator Academy will refer requests for consent to collect, use and disclose personal information pertaining to a pupil or her parents to the parents.
2.8.2 In circumstances where a pupil is aged below 15 years and Creator Academy considers it appropriate in accordance with the Australian Privacy Principles, Creator Academy will treat consent to collect, use and disclose personal information given by parents as consent given on behalf of the pupil, and notice to parents will act as notice given to the pupil.
2.8.3 In circumstances where the pupil is aged 15 years or above and Creator Academy considers it appropriate in accordance with the Australian Privacy Principles, Creator Academy will seek consent to collect, use and disclose personal information from both the parents and the pupil and issue relevant notices to both the parent and the pupil.
2.9 Access to personal information held by Creator Academy
2.9.1 Circumstances may arise where parents and/or pupils seek access to personal information Creator Academy holds in a manner which differs from the Educator’s regular pattern of communication. When making judgements concerning access in such cases, the Educator takes account of its responsibilities in relation to parents and students respectively, the Australian Privacy Principles, the sensitivity of the information, its general duty of care and the wellbeing of those involved.
2.9.2 Requests for access to personal information the Educator holds are addressed to the Director in writing.
2.10 Further information
2.10.1 Any person who requires further information about the way Creator Academy manages the personal information it holds, or wishes to complain that they believe the Educator has breached the Australian Privacy Principles should contact the Director.
2.10.2 Creator Academy will investigate any complaint and advise the complainant of any decision arising from the results of the investigation as soon as practicable after a decision has been made.
2.11 Exception in relation to employee records