Privacy & Policy statement

This Policy outlines the Service’s practices in maintaining the privacy and confidentiality of all records and
information about individual children, families, parents, staff/educators students and volunteers in the Service.

Strategies and practices

The Service collects, stores, discloses, and disposes of all personal information according to the National Privacy Principles which are contained in Schedule 1 of the Privacy Act 1988 (Commonwealth) and all other relevant legislation.
The Service only collects personal information that is necessary to deliver high quality education
and care to the children enrolled in the Service, for related activities, and to meet its regulatory
responsibilities.
Anyone requested to provide personal information to the Service is informed of the following:
- the information required;
- why the information is required;
- the legislation that requires the information to be collected;
- how the information will be used;
- who will access the information;
- under what conditions the information would be disclosed to a third party; and,
- the main consequences, if any, of not providing all or part of the information requested.
Personal information about an individual is gathered directly from that person unless the Service has obtained the person’s prior consent (e.g. reference checks).
If the information pertains to a child (e.g. inclusion support agency, speech therapist), prior written permission is obtained from the parent).
Collection of personal information will be lawful, fair and not unreasonably obtrusive.
Personal information is kept in a safe and secure place, retained for the period set out in Regulation 183 of the Education and Care National Regulations, and destroyed when no longer needed. Paper files are stored in locked cabinets and electronic data on computers protected by passwords.
The Service provides all staff/educators, students and volunteers with verbal and written information about privacy and confidentiality laws, and about their responsibilities in handling personal information.
Staff/educators, students and volunteers are informed of this Privacy and Confidentiality Policy and are given the opportunity to clarify their understanding of the Policy before commencing at the Service. They are required to sign a Confidentiality Agreementto strictly adhere to the Policy.
Confidential information is exchanged between educators when required in the normal course of work at the Service to meet the education and care needs of children. However, educators are not otherwise permitted to divulge any information about a child to anyone other than the parent, nor about the child’s family to anyone, without the prior written approval of the parent. The exception to this is a demand under an Act or law.
Educators will maintain the privacy and confidentiality of other educators by not relating personal information about them to anyone either within or away from the Service.
Students/Volunteers are not permitted to remove any Service documents or to use information gained at the Service without the Nominated Supervisor’s written consent. They are not permitted to discuss children attending the Service, the families or the educators away from the Service (e.g. TAFE, training organisations), or to use their names in any assignments.
The Service ensures the personal information collected, used or disclosed, is accurate, complete and up-to-date. Enrolment details are updated annually or whenever a change in circumstance occurs. Similarly, staff details are updated as changes occur.
Individuals can apply in writing to access the personal information they have provided to ensure its accuracy, completeness and currency. The Nominated Supervisor will arrange a suitable time for this access and will remain with the individual for the duration. (Access to information beyond that provided by the individual is subject to Freedom of Information processes.)
Should the Service become aware of reasonable grounds to believe an eligible data breach likely to place individuals at risk of serious harm has occurred, the Approved Provider/Nominated Supervisor will immediately notify the individuals at risk and recommend steps they should take in response to the breach. It will also notify the Office of the Australian Information Commissioner via its online Notifiable Data Breach statement — Form.
Educators are to ensure they document information about children’s learning and development accurately, inclusively, sensitively and respectfully.
The Service provides a quiet area for confidential conversations (e.g. between parents and educators, the Nominated Supervisor and educators).
The name and contact details of the Approved Provider are displayed in the entrance of the Service and are contained in the Parent Handbook.
The Nominated Supervisor/Approved Provider adheres to the Service’s Complaint Policy when responding to complaints about privacy and confidentiality matters. Should any issue remain unresolved, the Nominated Supervisor/Approved Provider advises the complainant of their right to lodge an appeal with the Office of the Australian Information Commissioner, GPO Box 5218 Sydney 1042 or GPO Box 2999 Canberra ACT 2601, or to telephone the Office of the Australian Information Commissioner on 1300 363 992.

Responsibilities of parents

To immediately raise any concerns about the Service’s management of privacy and confidentiality with the Nominated Supervisor/Approved Provider.

Procedures and forms

Confidentiality Agreement

Links to other policies

Educational Program Policy
Enrolment and Orientation Policy
Interactions with Families Policy
Programming Policy
Professionalism and Ethics Policy

Links Education and Care Services National Regulations 2011, National Quality Standard 2011

Regs

177 Prescribed enrolment and other documents to be kept by approved provider
181 Confidentiality of records kept by approved provider
183 Storage of records and other documents
184 Storage of records after service approval transferred

1.3.1 Each child’s learning and development is assessed or evaluated as part of an ongoing cycle of observation,
analysing learning, documentation, planning, implementation and reflection
3.1.1 Outdoor and indoor spaces, buildings, fixtures and fittings are suitable for their purpose, including
supporting the access of every child
4.2.2 Professional standards guide practice, interactions and relationships
5.1.2 The dignity and rights of every child are maintained
6.1.1 Families are supported from enrolment to be involved in the service and contribute to service decisions
7.1.2 Systems are in place to manage risk and enable the effective management and operation of a quality
service

Sources

Australian Children’s Education and Care Quality Authority. Guide to the National Quality
Framework: First Published – February 2018. Last Updated March 2023 https://www.acecqa.gov.au/sites/default/files/2023-03/Guide-to-the-NQF-March-2023.pdf accessed 28 April 2023
NSW Government. Education and Care Services National Regulations 2011.
https://legislation.nsw.gov.au/view/html/inforce/current/sl-2011-0653 accessed 5 February
2023
Freedom of Information Act 1989 (Commonwealth)
Privacy Act 1988 (Commonwealth)

Policy review

The Service encourages staff and parents to be actively involved in the annual review of each of its policies
and procedures. In addition, the Service will accommodate any new legislative changes as they occur and
any issues identified as part the Service’s commitment to quality improvement. The Service consults with
relevant recognised authorities as part of the annual review to ensure the policy contents are consistent with current research and contemporary views on best practice.

Version Control

Last Updated: 16 May 2023 Dr Brenda Abbey (Author) Tailored to meet requirements

Privacy Policy