The Education and Care Services Ombudsman, National Education and Care Services Freedom of Information Commissioner and National Education and Care Services Privacy Commissioner (NECSOPIC) are committed to protecting personal information. This Privacy Statement embodies this commitment and applies to personal information collected.
The requirements of the Australian Privacy Principles contained within the Commonwealth Privacy Act 1988 (the Privacy Act) and the Guidelines for Federal and ACT Government World Wide Websites, issued by the Office of the Australian Information Commissioner and Privacy Commissioner are adhered to.
This Privacy Statement outlines how this commitment is maintained and how the personal information collected is handled.
What is personal information?
Personal information (including sensitive information) is broadly defined under the Privacy Act as information or an opinion about a person, which identifies that person or would allow his or her identity to be reasonably ascertained.
Personal information may include information about a person’s private or family life, their working habits or practices, or commentary or opinion about them.
Some examples of personal information include but are not limited to names, addresses, telephone numbers, dates of birth, photographs, email addresses, employment details, and in some circumstances a referee’s comments about a job applicant’s career, performance, attitudes and aptitude, and an opinion about an individual’s attributes that is based on other information about them, such as an opinion formed about an individual’s gender and ethnicity, based on information such as their name or their appearance. This will be personal information about the individual even if it is not correct.
The definition of personal information only relates to ‘natural’ persons. It does not relate to other ‘legal’ persons, such as companies. For further information about the definition of personal information see the Office of the Australian Information Commissioner publication What is personal information?
Information collected and how that information is used
The NECSOPIC receive complaints and assist people who believe they may have been treated unfairly or inappropriately by the Australian Children’s Education and Care Quality Authority (ACECQA) or the State and Territory Government Regulatory Authorities.
Personal information is collected through forms available on this website, in writing by mail or email, through telephone conversations, or in face to face meetings in order to properly and efficiently carry out their functions. Personal information is used only for the purposes for which it was provided and for directly related purposes (unless otherwise required by or authorised under law).
We may need to collect further information from you to enable us to handle your matter effectively. We may also collect information about you from the agency involved in your complaint or review and from others if they have information relevant to your matter.
We will use the information you have provided to assess your complaint or conduct a review or investigation. We will usually disclose the information you give us, including a copy of your complaint, to the agency you have complained about. We may also need to disclose your information to others who have information relevant to your complaint. If there is a challenge to a decision made by us with respect to your matter we may need to disclose some information to a review body, for example a court or tribunal.
If you do not want your information to be passed on, you will need to tell us as this may affect how we handle your complaint.
In the case of a NECS Freedom of Information Commissioner Review, the respondent will be provided with a copy of your Application for Review to respond to, and the Freedom of Information Commissioner may disclose the information you give us, including a copy of the documentation you have provided us, to other parties to the Review.
We will always discuss the disclosure of your information with you first.
Information collected through emails and website use
Your email address may be recorded on our servers if you send a message online. Our website may also record and log information about users of the website for statistical purposes and to help improve our services. This may include a user’s IP address, the date and time of the visit, the pages accessed and documents downloaded. No attempt will be made to identify users of the website except where a law enforcement agency exercises a legal authority to inspect Internet Service Provider logs. Our website may also contain links to other sites. While we take reasonable care in linking to other websites, the NECSOPIC is not responsible for the privacy compliance or the content of these other websites.
Storage of personal information
Personal information is mainly stored electronically by this Office. Electronic information is stored in a secure database. Most paper records that are received are converted to digital copies and either returned to the sender or securely destroyed. Any paper records remaining are stored in locked, secure cabinets.
Access and alteration of records containing personal information
When you provide personal information in relation to our services, you are allowed access to your personal information and may correct the information if it is inaccurate (subject to restrictions on such access/alteration of records under the applicable provisions of any law of the Commonwealth).
If you have any questions about privacy, confidentiality or access to your personal information, in the first instance please write to us at this address:
PO Box 202
Carlton South VIC 3053
Alternatively, you can email firstname.lastname@example.org