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Federal Privacy Laws and Preshil, The Margaret Lyttle Memorial School (Preshil)

The New Federal Privacy Laws became effective as of 21 December, 2001. The legislation regulates the way schools can collect, use, keep secure and disclose personal information. Schools are required to handle personal information in accordance with the National Privacy Principles as outlined in the legislation.

This statement outlines Preshil’s policy on how Preshil uses and manages personal information provided to or collected by it. Preshil is bound by the National Privacy Principles contained in the Commonwealth Privacy Act for the handling of personal information. In relation to health records, Preshil is also bound by the Victorian Privacy Principles contained within the Health Records Act (2001).

Preshil may, from time to time, review and update this Privacy Policy to take account of new laws and technology, any changes to Preshil’s operations and practices and to ensure the Policy remains appropriate to the changing school environment.

What kind of information does Preshil collect?

The type of information Preshil collects and holds includes (but is not limited to) personal information, including sensitive information about:

  • Students and parents and/or guardians before, during and after the course of a student’s enrolment at Preshil;
  • Job applicants, staff members, volunteers and contractors; and
  • Other people who come into contact with Preshil.

Personal information can include photographs and images of individuals. Sensitive information includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences or criminal record and health information.This information is important in assisting Preshil in managing students’ educational experience and meeting Preshil’s legal obligations.

How does Preshil collect this information?

Preshil will generally collect personal information held about an individual by ways of forms filled out by students and/or parents and/or guardians, face-to-face meetings, interviews, telephone calls and/or email. In some circumstances, Preshil 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 school.

How will Preshil use the personal information you provide?Preshil will use personal information it collects from you for the primary purpose of collection as specified below, and for such other secondary purposes that are related to the primary purpose of collection and reasonably expected, or to which you have consented.

(a) Students, parents and guardians

Preshil’s primary purpose in collecting the personal information of students, parents and guardians is to enable Preshil to provide schooling for the student. The purposes for which Preshil uses personal information of students, parents and guardians include:

  • Keeping parents and/or guardians informed about matters related to their child’s schooling through correspondence, newsletters, magazines, the Preshil website and other modes of communication;
  • Day-to-day administration;
  • Looking after student’s educational, social and medical well-being;
  • Seeking donations and marketing for Preshil;
  • Satisfying Preshil’s legal obligations and allowing Preshil to discharge its duty of care.

In some cases where Preshil requests personal information about a student, parent and/or guardian and the information requested is not obtained, Preshil may not be able to enrol or continue the existing enrolment of the student.

(b) Job applicants, staff members and contractors

Preshil’s primary purpose in collecting the personal information of job applicants, staff members and contractors is to enable Preshil to assess and (if successful) to engage the applicant, staff member or contractor. The purposes for which Preshil uses personal information of job applicants, staff members and contractors include:

  • Keeping staff members, students, parents and guardians informed about matters relating to Preshil through correspondence, newletters, magazines, the Preshil website and other modes of communication
  • Administering the individual’s employment or contract;
  • For insurance purposes;
  • Seeking funds and marketing Preshil; and
  • Satisfying Preshil’s legal obligations, for example, in relation to child protection legislation

(c) Volunteers

Preshil also obtains personal information about volunteers who assist Preshil in its functions or conduct associated activities such as alumni events, to enable Preshil and its volunteers to work together.

(d) Marketing and fundraising

Preshil treats marketing and seeking donations for the future growth and development of Preshil as an important part of ensuring that Preshil continues to be a quality learning environment in which both students and staff thrive. Personal information held by Preshil may be disclosed to an organisation that assists Preshil’s fundraising, for example, the Preshil Foundation or Margaret E. Lyttle Foundation. Parents, guardians, staff, contractors and other members of the wider Preshil community may from time to time receive fundraising information. School publications such as newsletters, magazines and School brochures, which include personal information, may be used for marketing purposes.

(e) Website

Personal information (in the form of text, images, audio, video and graphics) may be placed on the Preshil website. The information contained on the website is available to the wider community.

(f) Photographs and images

Personal information in the form of photographs, student movies and/or DVD presentations containing images of students may be used in the context of the educational program of Preshil, in its publications such as newsletters, brochures and magazines and/or on the Preshil website to illustrate school activities and achievements in which students may be involved.

Who might Preshil disclose personal information to?

Preshil may disclose personal information, including sensitive information, held about an individual to:

  • Another school, as required;
  • Government departments;
  • Medical practitioners;
  • People providing services to Preshil, including specialist visiting teachers and sports coaches;
  • Recipients of school publications such as newsletters and magazines;
  • Parents and/or guardians; and
  • Anyone to whom you authorise Preshil to disclose information.

Sending information overseas

Preshil will provide personal information about an individual student travelling interstate or overseas as part of a school program to the accompanying staff or appointed coordinators. In all other cases, Preshil will not disclose personal information about an individual outside Australia without:

  • Obtaining the consent of the individual (in some cases this consent will be implied); or
  • otherwise complying with the National Privacy Principles

How will Preshil treat sensitive information?

Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose unless you agree otherwise, or disclosure of that sensitive information is allowed or required by law.

Management and security of personal information

Preshil has in place steps to protect the personal information Preshil holds from misuse, loss, unauthorised access, modification or disclosure by use of various methods including locked storage of paper records and pass-worded access rights to computerised records.

Updating personal information

Preshil endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. A person may seek to update their personal information held by Preshil by contacting the Finance manager at any time in writing.

How does Preshil obtain consent?

Generally, unless the student has reached 18 years of age, Preshil will refer any request for consent and notices in relation to the personal information of a student to the student’s parent and/or guardian. Preshil will treat consent given by parents and/or guardians as consent given on behalf of the student and notice to parents and/or guardians will act as notice given to the student.

If you do not consent to the use of your personal information for any of the purposes stated in this Policy, you may contact the Finance manager in writing.

What are your rights in relation to checking what personal information Preshil holds about you?

Under the Commonwealth Privacy Act, an individual has the right to obtain access to any personal information which Preshil holds about them and to advise Preshil of any perceived inaccuracy. Students will generally have access to their personal information through their parents and/or guardians but older students may seek access themselves.

There may be occasions however when access is not granted, if the release of such information will have an unreasonable impact on the privacy of others or may result in a breach of Preshil’s duty of care to the student.

Preshil may, at its discretion, on the request of a student, grant that student access to information held by Preshil about them, or allow a student to give or withhold consent to the use of their personal information, independently of their parents and/or guardians. This would normally be done only when the maturity of the student and/or the student’s circumstances so warrant. If you provide Preshil with information about doctors or emergency contacts, you need to inform them that you have done so. You will need to explain why this information is being collected and that they can access that information if they wish.

To make a request to access any information Preshil holds about you or your child, or would like further information about the way in which Preshil manages the personal information it holds, please write to:

The Director of Communications and Development

Preshil, The Margaret Lyttle Memorial School

395 Barkers Rd
Kew VIC 3101

Australia

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