1. Purpose

Nationwide Academy is committed to providing quality training and assessment in accordance with the Standards for Registered Training Organisations (RTOs) 2015.  As such, Nationwide Academy is required to comply with federal law regarding Privacy and confidentiality of employees, students and contractors.

The purpose of this policy is to outline how Nationwide Academy complies with Privacy Act 1988 and Australian Privacy Principles (APPs).

2. Policy Statement

Nationwide Academy is committed to complying with obligation under Privacy Act 1988, and the associated Australian Privacy Principles (APPs), specifically in the way it collects, uses, secures and discloses personal information. Nationwide Academy is committed to safeguarding any confidential information obtained by the RTO.

Nationwide Academy will ensure:

• It maintains and provides a current Privacy Policy;
• Information gathered for the express purpose of training and assessment matters will not be disclosed to a third party unless prior written consent is provided by the individual concerned, except that required by law;
• The secure storage of all records;
• The confidentiality of all information maintained on records.

3. Policy Principles

3.1 Legislation

1. Nationwide Academy, although not required to, chooses to abide by the Privacy Act 1988 and associated Australian Privacy Principles (APPs).
2. The APPs came into force on 12 March 2014 and set out standards, rights and obligations for the handling, holding, accessing and correction of personal information (including sensitive information).

3.2 Underpinning Principles

1. Personal Information is defined in the Privacy Act 1988 to mean “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. Sensitive Personal Information is defined in the Privacy Act 1988 to mean “information or an opinion about an individual’s” that is also personal information, such as:

• 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.

3.3  PART 1 – Consideration of Personal Information Privacy

Nationwide Academy will:

1. Ensure that personal information is managed in an open and transparent way.
2. Take reasonable steps to implement practices and procedures that will facilitate dealing with enquiries or complaints from individuals regarding compliance with the Australian Privacy Principles (APPs).
3. Ensure that it maintains an up-to-date policy about the management of personal information.
4. Ensure that this Privacy Policy contains the following information:
   • the kind of information that is collected and held;
   • how the information is collected and held;
   • the purposes for which information is collected, held, used and disclosed;
   • outline how an individual may access their personal information that is held and seek correction of such information as necessary;
   • how the individual may make a complaint about a breach of the apps and outline how such a complaint will be handled;
   • declare whether it is likely to disclose personal information to overseas recipients, and if so the countries in which such are likely to be located.
5. Provide the Privacy Policy free of charge and in such form as appropriate, and as is reasonable, with:

• respect for anonymity and pseudonymity, by understanding that individuals may not wish to identify themselves when making enquiries on products and services;
• understanding of the requirements of full personal details from students, required by law and for identification purposes.

3.4  PART 2 – Collection of Personal Information

Nationwide Academy will:

1. Not collect personal information from parties unless that information is necessary for one or more of its functions or activities or is required by law.
2. Advise if it is required by law to collect, hold, use and supply personal information, in accordance with the National VET Provider Collection Data Provision Requirements.
3. Take reasonable steps at or before the time of collection to ensure that individuals are aware of:
   • who we are and how to contact us;
   • how individuals can gain access to their own information;
   • the purpose for which the information is being collected;
   • any organisation to which information is required to be disclosed;
   • any law that requires the particular information to be collected;
   • the main consequences for the individual if all or part of the information is not provided.
4. collect information from individuals in the following ways:
   • when interest is registered online, application for enrolment, request certain services or products, or any other form of contact with us.
   • information may be collected from enrolment forms, certified documents, telephone calls, faxes, emails, letters sent by individuals.
   • information may be collected from third parties, such as other training providers, regarding confirmation of training and ongoing professional development that parties have attended, as permitted by the individual.
5. Should information be collected about an individual from a third party, we will take reasonable steps to ensure that the individual is or has been made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

3.5  PART 3 – Dealing with Personal Information

Nationwide Academy will:

1. Not use or disclose personal or sensitive information for any purpose other than what it was collected for, unless the relevant individual has provided written consent to use or disclose that information in circumstances that are different to those for which it was collected. The circumstances where an exception may occur are:
   • Where the use or disclosure of this information is required or authorised by or under an Australian law or a court/tribunal order;
   • The individual would reasonably expect to be informed of the use or disclose of the information for the secondary purpose;
   • A permitted health situation exists in relation to the use or disclosure of the information;
   • A permitted general situation exists in relation to the use or disclosure of the information;
   • Belief that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
2. Collect an individual’s personal information so as to:
   • Process applications;
   • Manage an individual’s enrolment;
   • Record and maintain an individual’s details;
   • Administering training programs;
   • Record and maintain details of an individual’s ongoing training and assessment;
   • Provide an individual with details regarding student services, benefits, and training opportunities;
   • Notify an individual about upcoming events and opportunities;
   • Gain feedback from an individual;
   • Communicate with an individual;
   • Report to relevant authorities as required by law.
3. Direct Marketing
   • May use personal information (specifically an individual’s name and relevant address details) and information about an individual’s preferences for direct marketing (i.e. the communication channels which an individual prefers for receiving direct marketing from us and the types of products and services in which you are interested in) so as to let an individual know about our services and benefits, where we have their consent.
   • Provides an opt-out and/or unsubscribe method that is easily accessible for individuals to request not to receive direct marketing communications.
4. Cross Border Disclosure

Does not disclose personal information to overseas recipients unless prior written approval is received by the individual who the personal information relates.

1. Adoption, use or disclosure of Government Related identifiers

• Is required by law (Student Identifier Act) to collect, maintain and report to relevant Government agencies the individual’s Unique Student Identifier (USI) number in accordance with the National VET Provider Collection Data Provision Requirements.
• Will not disclose the Unique Student Identifier (USI) number for any other purpose, including on any Certification documents the individual receives.
• Must not adopt the Unique Student Identifier (USI) number as its own identifier of the individual.

3.6  PART 4 – Integrity of Personal Information

1. Quality of personal information

Reasonable steps are taken to ensure that the personal information it:

• Collects is accurate, up to date and complete.
• Uses or discloses, is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.

1. Security of personal information

Reasonable steps are taken to:

• Protect the information from misuse, interference and loss as well as unauthorised access, modification or disclosure.
• Destroy the information or to ensure that the information is de-identified.

3.7  PART 5 – Access to, and correction of, Personal Information

Nationwide Academy will:

1. provide all students with electronic access to their own personal records, where the individual can update and maintain their own personal information.
2. In some circumstances, may not permit access to individuals for their personal information. If this is ever the case, will provide full details for the legal reasons for this decision. These may include the belief that:
   • That giving access to the information would pose a serious threat to the life, health or safety of the individual, or to public health or public safety; or
   • Giving access would have an unreasonable impact on the privacy of other individuals; or
   • The request for access is frivolous or vexatious; or
   • The information relates to existing or anticipated legal proceedings between us and the individual, and would not be accessible by the process of discovery in those proceedings; or
   • Giving access would reveal the intentions of Nationwide Academy in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
   • Giving access would be unlawful; or
   • Denying access is required or authorised by or under an Australian law or a court/tribunal order; or
   • Both of the following apply:
     • There is reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in.
     • Giving access would be likely to prejudice the taking of appropriate action in relation to the maters; or
   • Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
   • Giving access would reveal evaluative information generated within our organisation in connection with a commercially sensitive decision-making process.
3. When dealing with requests for access to personal information, we will:
   • Respond to request for access within 30 days of the request, if from an individual, and within a reasonable time, if the request is from an organisation; and
   • Provide access to the information in the manner requested, if it is reasonable and practicable to do so.
4. Not charge a fee for access to personal information. The exception is re-prints of certification documentation previously supplied.
5. With regard to the correction of personal information held:
   • should information be inaccurate, out of date, incomplete, irrelevant or misleading, reasonable steps will be taken to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
   • Should Nationwide Academy refuse to correct information, a written notice will be given to the individual that sets out:
     • The reason for refusal
     • The mechanisms available to complain about the refusal; and
     • Any other matter prescribed by the regulations.

4. Nationwide Academy Responsibilities

Nationwide Academy’s CEO ensures that:

• all employees are made aware of this policy and its underpinning legislative requirements, and comply with this policy at all times; and
• all students have access to and awareness of this policy.

5. Records Management

All personal information and records are maintained in accordance with Records Management Policy.  (See Records Management Policy)

6. Monitoring and Improvement

All practices for Privacy are monitored by Nationwide Academy’s CEO and areas for improvement identified and acted upon. (See Continuous Improvement Policy)