Purpose

This policy ensures that Lead College meets its legal and ethical requirements in regard to the collection, storage and disclosure of the personal information it holds in regard to individuals. This policy and procedure contribute to compliance with Clause 3.6 and 8.5 of the Standards for Registered Training Organisations 2015, Standard 3 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 as well as the legislative instrument Data Provision Requirements 2012 including the National VET Provider Collection Data Requirements Policy

Definitions

ASQA means Australian Skills Quality Authority, the national VET regulator and the RTO’s registering body

Personal information means ‘information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• ‘Whether the information or opinion is true or not; and
• ‘Whether the information or opinion is recorded in a material form or not.1

SRTOs means the Standards for Registered Training Organisations 2015 – refer definition of ‘Standards’

Sensitive information is information is information or an opinion about an individual’s: racial or ethnic origin; or political opinions; or membership of a political association; or religious beliefs or affiliations; or philosophical beliefs; or membership of a professional or trade association; or membership of a trade union; or sexual orientation or practices; or criminal record; that is also personal information; or health information about an individual; or genetic information about an individual that is not otherwise health information; or biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or biometric templates.

Standards means the Standards for Registered Training Organisations (RTOs) 2015 from the VET Quality Framework which can be accessed at www.asqa.gov.au
Definition from: Australian Government. Privacy Act 1988 (Cth). Accessed on 5th January 2019 at https://www.legislation.gov.au/Details/C2014C00076

Unique Student Identifier is a unique reference number issued to an individual by the Australian Government. It is made up of numbers and letters and enables an individual to look up and track their training achievements in an online database.

TPS means the Tuition Protection Scheme established to assist international students where the provider is unable to deliver their course in full because of provider default.

USI means Unique Student Identifier as above.

National VET Provider Collection Data Requirements Policy is Part B of the National VET Data Policy.

Policy

1. Privacy Principles

1. In collecting personal information, Lead College complies with the requirements set out in thePrivacy Act 1988, including Australian Privacy Principles 3 and 5 (in accordance with the NationalVET Provider Collection Data Requirements Policy clause 4.4) and the relevant privacy legislationand regulations of the NSW in which Lead College operates.
2. The Department is also authorised to collect and handle USIs in accordance with the StudentIdentifiers Act 2014.
3. Personal information, including sensitive information, is collected from individuals in order that LeadCollege can carry out its business functions. Lead College only collects and stores information that isdirectly related to its business purposes and legal requirements of providing nationally recognisedtraining and assessment.
4. Sensitive information is only collected by Lead College if a permitted general or health situation applies in accordance with the Privacy Act (16A, 16B) such as, if:
   • The collection of the information is required or authorised by, or under, an Australian law or a court/tribunal order.
   • It is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure.
   • It genuinely and reasonably believes that:
     • The collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.
     • Unlawful activity, or misconduct of a serious nature, that relates to Lead Colleges functions or activities has been, is being or may be engaged in, and the collection, use or disclosure is necessary in order for the entity to take appropriate action in relation to the matter.
     • The collection, use or disclosure is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing.
     • The collection, use or disclosure is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim.
   • Lead College ensures each individual:
     • Knows why their information is being collected, how it will be used and who it will be disclosed to.
     • Is made aware of any legal requirement for Lead College to collect the information.
     • Is able to access their personal information upon request.
     • Does not receive unwanted direct marketing.
     • Can ask for personal information that is incorrect to be corrected.
     • Can make a complaint about Lead College if they consider that their personal information has been mishandled.
     • Is made aware of any consequences for not providing the information requested.
     • Whether the information is likely to be disclosed to overseas recipients, and if so, which countries such recipients are likely to be located in.
   • Lead College retains evidence that that the student has acknowledged the following Privacy Noticeand Student Declaration as part of their enrolment process: https://www.education.gov.au/privacy-notice-and-student-declaration

2. Collection of information

• Under the Data Provision Requirements 2012, Lead College is required to collect personalinformation about students undertaking nationally recognised training and disclose that personalinformation to the National Centre for Vocational Education Research Ltd (NCVER). NCVER willcollect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth),the VET Data Policy and all NCVER policies and protocols (including those published on NCVER’swebsite at www.ncver.edu.au).
• In general, personal information will be collected through course application and/or enrolment forms,training records, assessment records and online forms and submissions.
• The types of personal information collected include:
  • personal and contact details
  • employment information, where relevant
  • academic history
  • background information collected for statistical purposes about prior education, schooling, place of birth, disabilities and so on
  • training, participation and assessment information
  • fees and payment information
  • information required for the issuance of a USI
  • for International students:
    • current course information including CRICOS code, agreed starting date, expected completiondate if the student did not start on the agreed date
    • Information about any terminations for change to identity and duration of the course
    • English language proficiency including the name of the test and the score received
    • visa information, including the DHA office where the visa application was made and currentlocal DHA office
    • passport information including whether the student was in Australia when they became anaccepted student

3. Unique Student Identifiers (USI)

• All students participating in nationally recognised training from 1 January 2015 are required to havea Unique Student Identifier (USI) and provide it to Lead College upon enrolment. Alternatively, LeadCollege can apply for a USI on behalf of an individual.
• The Student Identifiers Act 2014 authorises the Australian Government’s Student IdentifiersRegistrar to collect information about USI applicants. When Lead College applies for a USI on behalfof a student who has authorised us to do so, we need to collect personal information about thestudent which will be passed on to the Student Identifiers Registrar. This will include:
  • name, including first or given name(s), middle name(s) and surname or family name
  • date of birth
  • city or town of birth
  • country of birth
  • gender
  • contact details, so the Student Identifiers Registrar can provide individuals with their USI and explain how to activate their USI account.
• In order to create a USI on behalf of a student, Lead College will be required to verify the identity of the individual by receiving a copy of an accepted identification document. This document will only beused for the purposes of generating the USI and confirming the identity of the individual with the Registrar. Once the USI has been generated and validated, the identity documents used or collectedfor this purpose will be securely destroyed.
• The information provided by an individual in connection with their application for a USI:
  • is collected by the Registrar as authorised by the Student Identifiers Act 2014.
    • is collected by the Registrar for the purposes of:
    • applying for, verifying and giving a USI
    • resolving problems with a USI
    • creating authenticated vocational education and training (VET) transcripts
  • may be disclosed to:
    • Commonwealth and State/Territory government departments and agencies and statutory bodies performing functions relating to VET for:
      • the purposes of administering and auditing VET, VET providers and VET programs
      • education related policy and research purposes
      • to assist in determining eligibility for training subsidies
      • VET Regulators to enable them to perform their VET regulatory functions
      • VET Admission Bodies for the purposes of administering VET and VET programs
      • current and former Registered Training Organisations to enable them to deliver VET courses to the individual, meet their reporting obligations under the VET standards and government contracts and assist in determining eligibility for training subsidies
      • schools for the purposes of delivering VET courses to the individual and reporting on these courses
      • the National Centre for Vocational Education Research for the purpose of creating authenticated VET transcripts, resolving problems with USIs and for the collection, preparation and auditing of national VET statistics
      • researchers for education and training related research purposes
      • any other person or agency that may be authorised or required by law to access the information
      • any entity contractually engaged by the Student Identifiers Registrar to assist in the performance of his or her functions in the administration of the USI system
      • will not otherwise be disclosed without the student’s consent unless authorised or required by or under law
    • The consequences to the student of not providing the Registrar with some or all of their personalinformation are that the Registrar will not be able to issue the student with a USI, and therefore LeadCollege will be unable to issue a qualification or statement of attainment.

4. Storage and use of information

• Lead College will store all records containing personal information securely and take all reasonablesecurity measures to protect the information collected from unauthorised access, misuse ordisclosure. Personal information will be stored in paper-based files that are kept in a secure location-locked filing cabinets/locked compactor- and electronically in a secure environment to which onlyauthorised staff have access.
• The personal information held about individuals will only be used by Lead College to enable efficientstudent administration, report data to provide information about training opportunities, issuestatements of attainment and qualifications to eligible students, and to maintain accurate anddetailed records of student course participation, progress and outcomes. Information aboutinternational students may also be shared to promote compliance with the conditions of studentvisas and the monitoring and control of visas.
• Lead College may use the personal information provided by an individual to market other internalproducts and services to them. An individual may opt out of being contacted for marketing purposesat any time by contacting our office. Information will not be passed onto any third-party marketingcompanies without the prior written consent of the individual.

5. Disclosure of information

• Lead College will not disclose an individual’s personal information to another person or organisation unless:
  • They are aware that information of that kind is usually passed to that person or organisation.
  • The individual has given written consent.
  • Lead College believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious threat to the life or health of the individual concerned or another person.
  • The disclosure is required or authorised by, or under, law.
  • The disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
• Any person or organisation to which information is disclosed is not permitted to use or disclose theinformation for a purpose other than for which the information was supplied to them.
• Personal information may be used or disclosed by Lead College for statistical, regulatory andresearch purposes. Lead College may disclose personal information for these purposes to thirdparties, including:
  • Commonwealth and State or Territory government departments and authorised agencies; suchas the Australian Skills Quality Authority (ASQA), Department of Education and Training (DET)
  • the Department of Home Affairs (DHA) and the Tuition Protection Service (TPS) and funding bodies and other departments as applicable
  • NCVER
  • Organisations conducting student surveys
  • Researchers.
• Personal information disclosed to NCVER may be used or disclosed for the following purposes:
  • Issuing a VET Statement of Attainment or VET Qualification, and populating Authenticated VET Transcripts
  • Facilitating statistics and research relating to education, including surveys
  • Understanding how the VET market operates, for policy, workforce planning and consumer information
  • Administering VET, including program administration, regulation, monitoring and evaluation.

6. Access to and correction of records

• Individuals have the right to access or obtain a copy of the information that Lead College holds aboutthem including personal details, contact details and information relating to course participation,progress and AQF certification and statements of attainment issued.
• Requests to access or obtain a copy of the records held about an individual must be made bycontacting our office using the Request to Access Records Form. The individual must prove theiridentity to be able to access their records.
• There is no charge for an individual to access the records that Lead College holds about them;however there may be a charge for any copies made. Arrangements will be made within 10 days forthe individual to access their records.

7. Complaints about privacy

Any individual wishing to make a complaint or appeal about the way information has been handledwithin Lead College can do so by following Lead College’s Complaints and Appeals Policy and Procedure at https://ismt.edu.au

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