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AIHS :: Kurrajong Hotel

Policy

Summary of Privacy Policies

The AIHS will collect ‘personal information’* only if it is necessary for the schools functions or activities. We will inform you of the purposes for which AIHS collects personal information and will use personal information only for the purposes for which it is collected. We will always explain what is being collected and how and by whom it is to be collected.

If any personal information is stored, we will tell you why it is kept, what we keep, and for how long, and how and by whom that information will be stored.

The AIHS will take all reasonable steps to protect personal information it holds about you from unauthorised access, modification or disclosure and will not use or disclose personal information about you except in the limited circumstances set out in the AIHS Privacy Policy.

We will make sure that personal information we collect, use or disclose is accurate and up-to-date. You also have a responsibility here to assist the AIHS by providing accurate and up-to-date information.

‘Personal information’ is defined in the policy as:

"… information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."

For more information contact the Office of Student Recruitment.

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Privacy Policy

Policy Statement

The Information Privacy Act 2000 of the Australian Capital Territory sets out Information Privacy Principles which must be observed by organisations such as the AIHS that hold personal information. The Section of this policy headed “Privacy Principles” incorporates those Information Privacy

Principles. The AIHS rights and obligations with respect to personal information as set out in this Policy are based on those Principles.

Purposes

The purposes of this Policy are to:

  • establish for the responsible collection and handling of personal information by the AIHS;
  • give individuals a right to access information about them which is held by the AIHS and to correct any errors in that information; and
  • establish a complaints procedure for investigation and rectification of breaches of this Policy.

Scope and Responsibility

  1. This Policy applies to personal information collected by the AIHS concerning staff, students, prospective students, individual clients and other individuals. It does not apply to information about corporations.

    For the purposes of this policy “personal information” means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

  2. This Policy must be observed by all AIHS staff, consultants, external contractors and students who have access to personal information held by the AIHS.

Complaints Procedure

The following procedure will apply if an individual considers that the AIHS has breached a Privacy Principle in respect of that individual:

  1. A written complaint must be forwarded to the Office of Student Recruitment within six (6) months of the time the complainant first became aware of the apparent breach. The complaint must specify details of the apparent breach.

  2. The AIHS must make a determination on the complaint within forty-five (45) days of receipt of the complaint, and advise the complainant in writing.

  3. If the AIHS determines that there has been a breach of the Privacy Principles, they will, upon notification of the determination to the complainant, advise relevant AIHS personnel in writing and of any action required in order to remedy the breach. If the breach is capable of being rectified and is not rectified within thirty (30) days, the Dean will then be informed.

  4. The Office of Student Recruitment will keep a record of complaints.

Consequences if this Policy is Breached

Disciplinary action may be taken against any person who breaches this policy, including summary dismissal in the event of what the AIHS considers to be a serious breach by a staff member.

Privacy Principles

Principle 1 – Collection
  1. The AIHS:
    • will collect personal information only if the information is necessary for one or more of its functions or activities;
    • must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
  2. When the AIHS collects personal information about an individual from the individual, it must take reasonable steps to ensure that the individual is aware of:
    1. the identity of the AIHS and how to contact it; and
    2. the fact that he or she is able to gain access to the information; and
    3. the purposes for which the information is collect (“the primary purposes”); and
    4. to whom (or the types of individuals or organisations to which) the AIHS usually discloses information of that kind; and
    5. any law that requires the particular information to be collected; and
    6. the main consequences (if any) for the individual if all or part of the information is not provided.
  3. If it is reasonable and practicable to do so, the AIHS will collect personal information about an individual only from that individual. However, there will be instances where the AIHS will obtain such information from other sources, e.g. references for employment purposes; results data for prospective students, verification of formal qualifications of staff and students etc. In such instances the AIHS will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in Principle 1.2 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.
Principle 2 – Use and Disclosure
  1. The AIHS will not without the prior consent of an individual use or disclose personal information about that individual for a purpose (the secondary purpose) other than the primary purposes of collection except in any of the following situations:
    1. both of the following apply:
      • the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information*, directly related to the primary purpose of collection;
      • the individual would reasonably expect the AIHS to use or disclose the information for the secondary purpose; or
    2. if the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest, other than for publication in a form that identifies any particular individual:
      • it is impracticable for the AIHS to seek the individual’s consent before the use or disclosure; and
      • in the case of disclosure – the AIHS reasonably believes that the recipient of the information will not disclose the information; or
    3. the AIHS reasonably believes that the use or disclosure is necessary to lessen or prevent either:
      • a serious and imminent threat to an individual’s life, health, safety or welfare; or
      • a serious threat to public health, public safety or public welfare; or
    4. the AIHS has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
    5. the use or disclosure is required or authorised by or under law; or
    6. the AIHS reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of a law enforcement agency:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction;
      • the enforcement of laws relating to the confiscation of the proceeds of crime;
      • the protection of the public revenue;
      • the prevention, detection, investigation or remedying of seriously improper conduct;
      • the preparation for, or conduct of, proceedings before any court or tribunal, or
    7. the Australian Security Intelligence Organisation (ASIO) or the Australian Secret Service (ASIS), in connection with its function, has requested the AIHS to disclose the personal information and:
      • the disclosure is made to an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) to receive the disclosure; and
      • an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) for the purposes of this paragraph has certified that the disclosure would be connected with the performance by ASIO or ASIS (as the case requires) of its functions.
        Any such disclosure under this paragraph can only be made by the Dean or by the AIHS Solicitor.
Principle 3 – Data Quality

The AIHS will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date. If the AIHS is to ensure the quality and accuracy of personal information, this places an obligation upon an individual to provide relevant and accurate information to the AIHS.

Principle 4 – Data Security
  1. The AIHS will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
  2. The AIHS will take reasonable steps to destroy or permanently
    de-identify personal information if it is no longer needed for any purpose. Under the Territory Records Act 2002 (ACT) the AIHS is required to keep full and accurate records and implement a record disposal program. Destruction of personal information must be carried out in accordance with the AIHS’s Records Management procedures.
Principle 5 – Openness
  1. The AIHS will make this Policy available to anyone who asks for it.
  2. On request by a person to the Office of Student Recruitment, the AIHS will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
Principle 6 – Access and Correction
  1. If the AIHS holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that:
    1. providing access would pose a serious and imminent threat to the life or health of any individual; or
    2. providing access would have an unreasonable impact on the privacy of other individuals; or
    3. the request for access is frivolous or vexatious; or
    4. the information relates to existing legal proceedings between the AIHS and the individual, and the information would not be accessible by the process of discovery or subpoena in those proceedings; or
    5. providing access would reveal the intentions of the AIHS in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
    6. providing access would be unlawful; or
    7. denying access is required or authorised by or under law; or
    8. providing access would be likely to prejudice an investigation of possible unlawful activity; or
    9. providing access would be likely to prejudice:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences or beaches of a law imposing a penalty or sanction; or
      • the enforcement of laws relating to the confiscation of the proceeds of crime; or
      • the protection of public revenue; or
      • the prevention, detection, investigation or remedying of seriously improper conduct; or
      • the preparation for or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of a law enforcement agency; or
    10. ASIO, ASIS or a law enforcement agency performing a lawful security function asks the AIHS not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
  2. Where providing access would reveal evaluative information generated within the AIHS in connection with a commercially sensitive decision-making process, the AIHS may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
  3. If the AIHS is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (j) (inclusive), the AIHS will, if reasonable, upon request by the individual to the AIHS’s Office of Student Recruitment will consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
  4. The AIHS reserves the right to charge for providing access to personal information, and if it does so it will:
    1. advise an individual who requests access to personal information that the AIHS will provide access on the payment of the prescribed fee; and
    2. may refuse access to the personal information until the fee is paid.
  5. If the AIHS holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up to date, the AIHS will take reasonable steps to correct the information so that it is accurate, complete and up to date.
  6. If the AIHS and the organisation disagree about whether the information is accurate, complete and up to date, and the individual asks the organisation to associate with the information a statement from the individual claiming that the information is not accurate, complete or up to date, the AIHS will take reasonable steps to do so.
  7. The AIHS will provide reasons for denial of access or a refusal to correct personal information.
  8. If an individual requests access to, or the correction of, personal information held by the AIHS, the AIHS will:
    1. provide access, or reasons for the denial of access; or
    2. correct the personal information, or provide reasons for the refusal to correct the personal information; or
    3. provide reasons for the delay in responding to the request for access to or for the correction of personal information as soon as practicable, but no later than forty five (45) days after receiving the request.
  9. Nothing in this Policy applies to a document containing personal information, or the personal information contained in a document which would be subject to the provisions of the Freedom of Information Act 1989 (ACT) (FOI Act).

    If a person requires access to such a document then he or she must make an application under the FOI Act and access and correction of any errors will then be determined by the FOI Act. However in the case of the personal file access of a staff member may be available to the staff member via the Human Resources Office and in the case of students, access may be available to a student’s own personal enrolment and academic records from the Office of the Student Records and Faculty Coordinator.

  10. The AIHS is not required to provide an individual with access to information about that individual if that information is generally available to the public.
Principle 7 – Unique Identifiers
  1. The AIHS will not assign unique identifiers to individuals except for a Staff Number to identify a staff member and a Student Number to identify a student unless it is necessary for the AIHS to carry out its functions efficiently. Staff Numbers and Student Numbers are considered necessary for the AIHS to carry out its functions efficiently.

  2. The AIHS will not adopt as its own unique identifier of an individual a unique identifier of the individual that has been assigned by another organisation.

  3. The AIHS will not require an individual to provide a unique identifier in order to obtain a service unless the provision of the unique identifier is required or authorised by law or the provision is in connection with the purpose (or a directly related purpose) for which the unique identifier was assigned.
Principle 8 – Anonymity

Because of the nature of the AIHS’s core business, it will usually be impractical for individuals transacting with the AIHS to have the option of not identifying themselves. However where it is lawful and practical to do so, the AIHS will give individuals this option.

Principle 9 – Transborder Data Flows
  1. The AIHS will only transfer personal information about an individual to someone (other than the AIHS or the individual) who is outside The A.C.T. if:
    1. the AIHS reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Privacy Principles set out in this Policy; or
    2. the individual consents to the transfer; or
    3. the transfer is necessary for the performance of a contract between the individual and the AIHS, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
    4. the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the AIHS and a third party; or
    5. all of the following apply:
      • the transfer is for the benefit of the individual;
      • it is impracticable to obtain the consent of the individual to that transfer;
      • if it were practicable to obtain that consent, the individual would be likely to give it; or
    6. the AIHS has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Privacy Principles set out in this Policy.
Principle 10 – Sensitive Information
  1. The AIHS will not collect sensitive information* about an individual unless:
    1. the individual has consented; or
    2. the collection is required under law; or
    3. the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
      • is physically or legally incapable of giving consent to the collection; or
      • physically cannot communicate consent to the collection; or
    4. the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
  2. Despite paragraph 10.1, the AIHS may collect sensitive information about an individual if:
    1. the collection:
      • is necessary for research, or the compilation or analysis of statistics, relevant to government funded targeted welfare or educational services; or
      • is of information relating to an individual’s racial or ethnic origin and is collected for the purpose of providing government funded targeted welfare or educational services; and
      • there is no reasonably practicable alternative to collecting the information for that purpose; and
      • it is impracticable for the AIHS to seek the individual’s consent to the collection.

For more information please contact the Office of Student Recruitment.

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Review Date

1 January 2005
   
   
 © 2008
Authorised by the Manager, Office of Student Recruitment
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