Employment Innovations Victoria - Privacy Policy

In accordance with the Privacy Act 1988 (as amended by the Privacy Amendment (Private Sector) Act 2000) (Commonwealth) and the Health Records Act 2001 (State), Employment Innovations Victoria is required to comply with the 10 National Privacy Principles (NPPs) and the 11 Health Privacy Principles (HPPs) respectively.

Employment Innovations Victoria takes its obligations under both these pieces of legislation seriously and will seek to take all reasonable steps in order to comply with those Acts in order that we can protect the privacy of the personal and health information that we hold. This policy sets out how we intend to do so. Where any difference exists between either piece of legislation, any other legislation or any other lawful requirement, the legislation or other lawful requirement with the strongest application is to be applied.

NPP1 and HPP1 - Collection

A considerable amount of personal and health information is collected by Employment Innovations Victoria, from a number of sources. Whenever such information is collected it will always be for one or more of our functions or purposes; it will only be collected by lawful and fair means; it will not be collected in an unreasonably intrusive way; and will only be collected in accordance with any other requirement under the relevant privacy principle/s.

The types of personal and/or health information we may collect, generally, are as follows:

• Name, address and contact details
• Resumes, containing employment and educational history
• Referee details
• Client Reference Number - issued by Centrelink
• Career choices and interests
• Information relating to specific employment related health issues relevant to our employees

Employment Innovations Victoria collects personal and/or health information for a number of different primary purposes, which have been identified as follows:

• To assist individuals gain employment, and subsequently maintain employment, with client employers of Employment Innovations Victoria;
• To consider all interested persons, being employment candidates, for any employment opportunities that arise with Employment Innovations Victoria; and
• To ensure all employees health needs are met within the duty of care responsibilities required to be exercised by Employment Innovations Victoria

On any occasion of personal and/or health information being collected it will only be for one of these primary purposes, which will be identified in the collection statement (as required by NPP 1.3 and HPP 1.4), and for which reasonable steps will be taken to provide such information to the individual.

NPP2 and HPP2 - Use and Disclosure

Employment Innovations Victoria will only use and disclose personal and/or health information for the primary purpose for which it was collected, or for a secondary purpose (where that secondary purpose is related to the primary purpose) when the requirements, as detailed in the privacy principles, for the use or disclosure of that personal and/or health information for a secondary purpose can be met. Generally this will mean;

• the individual will have a reasonable expectation that Employment Innovations Victoria may use and/or disclose such information for the secondary purpose; or
• the individual, or if unable, their authorised or legal representative, has consented; or
• such use and/or disclosure is required, authorised or permitted under law, or for lawful action, or for the prevention of unlawful activity; or
• the use and/or disclosure is for statistical purposes; or
• the use and/or disclosure is necessary to lessen or prevent a serious and imminent threat to the life, health, safety or welfare of an individual or the public; or

Employment Innovations Victoria may usually disclose personal and/or health information to:

• Centrelink - required as part of contract arrangements
• Client employers
• Doctors and other medical service providers to establish ability to carry out inherent job requirements, and also as part of employee health needs.

Employment Innovations Victoria will ensure that personal and/or health information will only be used or disclosed for a secondary purpose when it can be demonstrated that there is a relationship with the primary purpose.

NPP3 and HPP3 - Data Quality

Employment Innovations Victoria will take all reasonable steps to ensure the personal and health information it collects, uses, holds and discloses is accurate, complete, up to date and relevant. Accordingly, it has developed procedures to;

• verify the accuracy and completeness of personal and/or health information when it is collected; and
• maintain the currency and relevance of the personal and health information it holds by: requiring clients of Employment Innovations Victoria to contact our offices monthly;
• conducting three monthly reviews of the personal and health information we hold; and
• advising individuals to contact Employment Innovations Victoria should there be any change in there personal and/or health information.

NPP4 and HPP4 - Data Security and Data Retention

Employment Innovations Victoria will take reasonable steps to ensure the personal and health information we hold is protected from misuse and loss, and from unauthorised access, modification or disclosure. We will do this through:

• the provision and use of lockable storage facilities for paper based records;
• the provision and use of appropriate security measures for electronic records, including firewall and password protection;
• the maintenance of appropriate physical security measures for Employment Innovations Victoria's offices and facilities; and
• restricting employee access to personal and health information on a "need to know" basis.

We will also take reasonable steps to ensure that personal and/or health information we hold, which is no longer required is destroyed or de-identified in a secure manner.

However, health information will not be destroyed unless the requirements of HPP4 have first been met. Generally, this means when the deletion is permitted, authorised or required by law.

NPP5 and HPP5 - Openness

Employment Innovations Victoria will be open in how it manages the personal and health information it collects. It will do so by having in place a publicly available statement setting out how personal and health information is handled and through the establishment of this privacy policy, which will be made available to an individual if requested.

NPP6 and HPP6 - Access and Correction

Upon request, Employment Innovations Victoria will provide individuals with access to their personal and/or health information, unless one of the exceptions which requires or allows access to be refused, as set out in the respective privacy principles, is exercised. Such exceptions apply generally as follows:

• providing access would pose a serious threat to the life or health of any individual;
• providing access would have an unreasonable impact on the privacy of another individual;
• for personal information, the request for access is frivolous or vexatious;
• for health information, the request is unreasonable and repeated, with access to the same information having previously been provided;
• there are considerations with regard to legal proceedings which are underway, being investigated or anticipated;
• providing access would be unlawful.

Any request for access made to Employment Innovations Victoria is to be made in writing. Individuals requesting access will be required to establish their identity, and if a third party legally able to request access on behalf of another individual, the bona fides of their right to be provided with access.

For requests for access to personal information, access will be provided within 14 days for simple requests and 30 days for more complicated requests.

For requests for access to health information, access will be provided within 45 days. If a request for access is refused, the individual will be advised in writing, and the same timeframes will apply.

For access to health information, the individual may request the way in which they wish access to be provided. Employment Innovations Victoria will endeavour to provide access in the way requested, whenever reasonably possible.

Employment Innovations Victoria may charge an individual for providing them with access. Should such a charge be levied for access to personal information it will be done so on a ?cost recovery basis? only. Should such a charge be levied for access to health information, the charge applied will be in accordance with the schedule of charges set from time to time by the Health Services Commissioner. If possible, individuals will be informed at the time of making a request for access if a charge will be applied and an estimation of those charges.

If an individual identifies that the information Employment Innovations Victoria holds on them is inaccurate, incomplete, misleading or not up to date, they may request that information be corrected. Employment Innovations Victoria will then make all reasonable effort to correct the information, unless we are not willing to correct it. Should we not be willing to correct the information, written reasons for refusal will be provided to the individual. In such a circumstance the individual may request an appropriate notation be appended to the information which was sought to be corrected.

Requests for access or correction of personal or health information are to be made to:

Director of Operations
Employment Innovations Victoria
26 – 28Tarwin St.
Morwell, 3840 VIC

NPP7 and HPP7 - Identifiers

It is necessary for Employment Innovations Victoria to adopt identifiers for the personal and health information we hold, however we will not adopt as an identifier any identifier assigned by a commonwealth or state agency.

NPP8 and HPP8 - Anonymity

Wherever lawful and practicable, Employment Innovations Victoria will provide individuals with the option of being provided with a service by us on an anonymous basis.

NPP9 and HPP9 - Transborder Data Flows

Employment Innovations Victoria will not disclose an individual?s personal information to an organisation or individual outside Australia unless, generally, the country to which it is being disclosed has a similar level of privacy protection or the individual, or their authorised or legal representative, has consented to the disclosure. We will not disclose an individual?s health information to an organisation or individual outside Victoria unless, generally, the state or country to which it is being disclosed has a similar level of health records protection or the individual, or their authorised or legal representative, has consented to the disclosure, or the disclosure is required by law.

NPP10 - Sensitive Information

Employment Innovations Victoria will not seek to collect sensitive information unless there is a requirement to collect such information and, generally;

• the individual has consented to such collection; or
• the collection is required by law; or
• the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual

Furthermore, Employment Innovations Victoria will not disclose any sensitive information without the consent of the individual.

Complaint Resolution

Should an individual, or their authorised or legal representative, have a complaint regarding our privacy practices or wish to make a complaint about how their personal and/or health information has been managed they should in the first instance contact the Director of Operations on (03) 5134 8778. Any complaints received will be handled in accordance with our Privacy Complaints Policy.

Employment Innovations Victoria Privacy Policy Issue 1 August 2002