PRIVACY POLICY
Apex Training Institute will comply with the ten national privacy principles in the handling of personal information of students.
1. Collection - Apex Training Institute will collect only the information necessary for one or more of its functions. The individual will be told the purposes for which the information is collected.
2. Use and disclosure - Personal information will not be used or disclosed for a secondary purpose unless the individual has consented or a prescribed exception applies.
3. Data quality - Apex Training Institute will take all reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.
4. Data Security - Apex Training Institute will take all reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification or disclosure.
5. Openness - Apex Training Institute will document how they manage personal information and when asked by an individual, will explain the information it holds, for what purpose and how it collects, holds, uses and discloses the information.
6. Access and correction - The individual will be given access to the information held except to the extent that prescribed exceptions apply. Apex Training Institute will correct and update information errors described by the individual.
7. Unique Identifiers - Commonwealth Government identifiers (eg Medicare number or tax file number) will only be used for the purposes for which they were issued. Apex Training Institute will not assign unique identifiers except where it is necessary to carry out its functions efficiently.
8. Anonymity - Wherever possible, Apex Training Institute will provide the opportunity for the individual to interact with them without identifying themselves.
9. Transborder Data Flows - The individual's privacy protections apply to the transfer of personal information out of Australia.
10. Sensitive Information - Apex Training Institute will seek the consent of the individual when collecting sensitive information about the individual such as health information, or information about the individual's racial or ethnic background, or criminal record.
Purpose
This policy ensures that Apex Training Institute meets its legal and ethical requirements in regard to the collection, storage and disclosure of the personal information it holds in regards to individuals.
This policy and procedure contributes to compliance with Clause 3.6 and 8.5 of the Standards as well as the legislative instrument Data Provision Requirements 2012 including the National VET Provider Collection Data Requirements Policy
Policy
Privacy Principles
● In collecting personal information, Apex Training Institute, complies with the requirements set out in the Privacy Act 1988, including Australian Privacy Principles 3 and 5 (in accordance with the National VET Provider Collection Data Requirements Policy clause 4.4) and the relevant privacy legislation and regulations of the states and territories in which Apex Training Institute operates.
● Personal information, including sensitive information, is collected from individuals in order that Apex Training Institute can carry out its business functions. Apex Training Institute only collects and stores information that is directly related to its business purposes and legal requirements of providing nationally recognised training and assessment.
● Sensitive information is only collected by Apex Training Institute 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 authorized 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 Apex’s 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.
● Apex Training Institute 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 Apex Training Institute 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 Apex Training Institute 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.
○ Apex Training Institute retains evidence that that the student has acknowledged the following Privacy Notice and Student Declaration as part of their enrolment process: https://www.dese.gov.au/national-vet-data/vet-privacy-notice
Collection of information
● Under the Data Provision Requirements 2012, Apex Training Institute is required to collect personal information about students undertaking nationally recognised training and disclose that personal information to the National Centre for Vocational Education Research Ltd (NCVER). NCVER will collect, 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’s website 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.
Storage and use of information
● Apex Training Institute will store all records containing personal information securely and take all reasonable security measures to protect the information collected from unauthorized access, misuse or disclosure. Personal information is stored electronically in secure, password protected databases.
● The personal information held about individuals will only be used by Apex Training Institutet to enable efficient student administration, report data to provide information about training opportunities, issue statements of attainment and qualifications to eligible students, and to maintain accurate and detailed records of student course participation, progress and outcomes.
Disclosure of information
● Apex Training Institute will not disclose an individual’s personal information to another person or organization unless:
○ They are aware that information of that kind is usually passed to that person or organization.
○ The individual has given written consent.
○ Apex Training Institute 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 authorized 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 organization to which information is disclosed is not permitted to use or disclose the information for a purpose other than for which the information was supplied to them.
● Personal information may be used or disclosed by Apex Training Institute for statistical, regulatory and research purposes. Apex Training Institute may disclose personal information for these purposes to third parties, including:
○ Schools – for secondary student undertaking VET, including a school-based apprenticeship or traineeship
○ Employers – where students are enrolled in training paid for by their employer
○ Commonwealth and State or Territory government departments and authorized agencies; such as the Australian Skills Quality Authority (ASQA), and insert funding bodies and other departments as applicable
○ NCVER
○ Organizations 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.
Access to and correction of records
● Individuals have the right to access or obtain a copy of the information that Apex Training Institute holds about them 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 by contacting our office using the Request to Access Records Form. The individual must prove their identity to be able to access their records.
● There is no charge for an individual to access the records that Apex Training Institute holds about them; however, there may be a charge for any copies made. Arrangements will be made within 10 days for the individual to access their records.
Complaints about privacy
Any individual wishing to make a complaint or appeal about the way information has been handled within Apex Training Institute can do via the Complaints Policy and Procedure.