- clearly communicate the personal information handling practices Learnivation
- give staff and other individuals a better understanding of the sort of personal information that Learnivation holds
- enhance the transparency of Learnivation’s operations
The Privacy Act 1988 (Privacy Act) is an Australian law that regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 introduced many significant changes to the Privacy Act, including 13 Australian Privacy Principles (APPs) that apply to the handling of personal information. As an Australian Government agency, Learnivation is obliged to comply with the APPs.
2.1 Personal information—definition
Personal information is defined under the Privacy Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not
- whether the information or opinion is recorded in a material form or not
Some examples of personal information include names, addresses, phone numbers and email addresses.
The definition of personal information only relates to ‘natural’ persons. It does not extend to other ‘legal’ persons, such as companies.
2.2 Sensitive information— definition
Under the Privacy Act, sensitive information is defined as:
(a) information or an opinion about an individual’s:
(i) Racial or ethnic origin
(ii) Political opinions
(iii) Membership of a political association
(iv) Religious beliefs or affiliations
(v) Philosophical beliefs
(vi) Membership of a professional or trade association
(vii) Membership of a trade union
(viii) Sexual orientation or practices
(ix) Criminal record
that is also personal information; or
(b) Health information about an individual
(c) Genetic information about an individual that is not otherwise health information
(d) Biometric information that is to be used for the purpose of automated biometric verification or biometric identification
(e) Biometric templates.
3.1 Solicited information
Generally, personal information is collected in order for Learnivation to properly and efficiently carry out its functions. Learnivation only collects personal information for purposes that are directly related to our business functions or activities under the National Vocational Education and Training Regulator Act 2011 (NVR Act), or the Freedom of Information Act 1982 (FOI Act), and only when it is reasonably necessary for or directly related to Learnivation’s functions.
Learnivation will only collect sensitive information from individuals if the individual consents to the collection, unless:
- the sensitive information is required or authorised by law
- a permitted general situation exists
- a permitted health situation exists
- the sensitive information is required for an enforcement related activity
3.1.1 Information collected from an individual
Learnivation uses personal information only for the purposes for which it was provided and for directly related purposes (unless otherwise required by or authorised under law). We also collect information in relation to employment services, human resource management, and other corporate service functions. Generally, the purposes for which Learnivation collects personal information are when an individual:
- submits an application relating to learner registration, including reconsideration of decisions relating to registration
- makes payment for an Learnivation fee or charge, either via application or over the telephone, or when Learnivation must refund an amount to an individual
- submits a Freedom of Information (FOI) request via email
- contacts Learnivation seeking information or advice about Learnivation’s functions, application queries or to lodge a complaint
- is interviewed as part of an audit of a registered training organisation
- provides intelligence information to Learnivation for audit or investigation
- submits an application for, or commences employment with Learnivation, or
- as an employee of Learnivation, submits information to human resources for health records, or for a claim for compensation
- submits an online complaint form about a training provider
- submits an email complaint about Learnivation or an employee
An individual may, in some circumstances, such as lodging a complaint, prefer to remain anonymous, or to use a pseudonym, when interacting with Learnivation. Whilst this is acceptable to Learnivation, individuals should be aware that if they choose to do this, it may make investigating complaints or providing specific information impracticable, and it may lessen Learnivation’s ability to provide its usual level of service.
Learnivation generally collects personal information directly from the individual or their authorised representative.
3.1.2 Information collected from a third party
Sometimes personal information is collected from a third party, or a publicly available source, but only if the individual has consented to such collection, or would reasonably expect us to collect their personal information in this way. Learnivation may also collect personal information from a third party for a specific purpose, such as an investigation, or when an Learnivation is in the process of closing down and Learnivation collects student information for the purpose of placing affected students with another training provider.
If Learnivation collects personal information from a third party, Learnivation will take reasonable steps to inform affected individuals that their personal information has been collected from a third party as soon as practicable after the collection has taken place. See 4.2 – notifying the individual if the information is collected from a third party.
3.2 Unsolicited Information
If Learnivation receives unsolicited information, it will determine if the information is required to carry out its functions.
If Learnivation determines that the information is not required, and does not form part of a Commonwealth record, then it will destroy or de-identify the information as soon as practicable.
If Learnivation determines that the information is required, then the information will be treated as solicited information as per 3.1 Solicited information.
4.1 Notifying the individual at the collection
When collecting personal information directly from an individual, Learnivation will take reasonable steps to notify, or otherwise ensure that the individual is aware:
- of whether Learnivation is likely to disclose an individual’s personal information to overseas recipients and, if it is practicable to specify, the countries in which those recipients are likely to be located.
4.2 Notifying the individual if the information is collected from a third party
If Learnivation collects personal information from someone other than the individual, or the individual may not be aware that the organisation has collected the personal information, reasonable steps will be taken to notify the individual, or otherwise ensure that the individual is aware:
- that Learnivation collects or has collected the information
- of the circumstances of the collection, including
- from whom the information was collected, and
- the law under which Learnivation collected the information
- to whom Learnivation may disclose the information, and
- of the consequences of Learnivation not collecting the information
5. Use and disclosure of personal information
Learnivation will only use and disclose personal information for the primary purposes for which it was collected unless:
- the individual has consented to the information being used for a secondary use or disclosure
- the individual would reasonably expect Learnivation to use or disclose the information for the secondary purpose and that purpose is related to the primary purpose, or
- the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order
- a permitted general situation 3 exists in relation to the use or disclosure of the information, for example, if Learnivation believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or
- Learnivation reasonably believes 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.
Learnivation will only use sensitive information for a secondary purpose if it is directly related to the primary purpose.
Some personal information provided to Learnivation through application forms will be published on the national register, training.gov.au, in accordance with section 216 of the NVR Act. The information may also be shared with state and territory government and other Australian Government authorities and ministers, occupational licensing bodies, overseas authorities, and others in accordance with the information-sharing provisions contained in the NVR Act or the provisions of the Privacy Act.
5.1 Disclosing personal information overseas
In situations where Learnivation may disclose personal information overseas, Learnivation will take reasonable steps to ensure that the overseas entity will comply with the APPs.
5.2 Use of personal information for direct marketing purposes
Learnivation will only use personal information for direct marketing purposes where it could be reasonably expected that the individual would be aware that Learnivation would use the information in that way.
6. Data quality
Learnivation will take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary. Learnivation will also take reasonable steps to ensure the accuracy and completeness of the information prior to any disclosure of the information.
7. Data security
Learnivation takes steps to protect the personal information we hold against interference, loss, unauthorised access, use, modification or disclosure, and against other misuse.
Data is primarily collected and stored on our website and Learning Management System (Learnispace) in our Secure Australian Server in lin with the Australian Privacy Principles. Where data is stored in a third party server or system we will notify you and attain your prior approval.
When no longer required, personal information is destroyed in a secure manner, or deleted in accordance with Learnivation’s Records Management Policy, in compliance with the General Disposal Authority issued by the National Archives of Australia.
8. Access and correction
8.1 Access and correction under the Privacy Act
Unless Learnivation is authorised to refuse access to information under the FOI Act or any applicable provisions of any law of the Commonwealth, Learnivation will grant an individual’s request for access to the personal information that Learnivation holds about them.
Individuals may also request that Learnivation correct any personal information about the individual that Learnivation holds. Learnivation will only update the information if it is satisfied with the information it holds is incorrect. If Learnivation is satisfied that an individual’s personal information is incorrect, Learnivation will take reasonable steps to correct that information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.
Learnivation will provide a response to any request for access or correction to personal information within 30 days. If refusing the request, Learnivation will provide a written statement of reasons for the refusal and remind the individual of the available complaint mechanisms, which are outlined below in 9 Complaints. For clarity purposes, Learnivation will also take reasonable steps to associate a statement with the personal information that it refuses to correct.
Individuals will not be charged for requests for access or correction to their personal information.
Members of the public should direct their requests to Learnivation’s Privacy Contact Officer. Learnivation staff should direct their requests to the Manager, Human Resources.
8.2 Access, amendment or annotation under the FOI Act
Individuals may also make a request to Learnivation for access, amendment or annotation to their personal information under the FOI Act. Learnivation will respond to these requests in accordance with the FOI Act. If unsatisfied with the response received from Learnivation, an individual may seek an internal review of the FOI decision from Learnivation. An individual may also request that the Australian Information Commissioner review Learnivation’s decision.
In accordance with the Freedom of Information (Charges) Regulations 1982, Learnivation does not charge for request for, or access to personal information.
If a member of the public wishes to lodge a complaint about how Learnivation handles personal information, or if they feel Learnivation has breached the APPs, they can contact Learnivation to discuss the matter. If an employee of Learnivation wishes to lodge a complaint about how Learnivation handles personal information, or if they feel Learnivation has breached the APPs, they can contact the Chief Executive Officer or their representative.
10. Privacy Contact Officer
10.1 members of the public
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are a student or prospective student, please contact Learnivation
10.2 Learnivation employees
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are Learnivation employee, please contact the designated officer.
11. Third-Party Software
We may share information with third parties who help us provide our learning services to you; for example:
1.1.1 Payment Processing
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
1.2.1 Business Tools & Data Back-Up
By using an education account with miro, you may be storing personal data or sharing data with an external service. To learn how Miro securely stores your data please refer to their site security information here: Miro Security
Some of the business tools and user data including emails to and from us, may be backed up and stored in Learnivations Gsuite Account. To learn more about how Gsuite data remains secure, read the: GSuite Security Page.