Confidentiality and Privacy Policy

Rationale

Coombs Early learning respects the privacy and confidentiality of children, educators, staff, visitors and management within Coombs Early Learning. It aims to protect privacy and confidentiality by ensuring that all records and information about children, families, educators, staff members and management are kept in a safe and secure place.

This policy sets out the ways in which records and information are only accessed by, or disclosed to those people who need the information to fulfil their responsibilities within the organisation or have a legal right to know.

Policy Statement

Coombs Early Learning understands that privacy is an important issue for individuals. Coombs Early Learning may collect, store and use your confidential information to assist us to meet our legislative requirements, and to ensure our commitment to quality early childhood education and care. We may need to disclose this information at times do to being required to be disclosed by law, or because there is a serious or immediate threat to a child or person’s health or life. Information may be disclosed to a third party, this includes the dissemination of confidential information to third parties in other Service’s purpose of debt collection and credit checks.

Our organisation’s use of confidential information is always within the guiding frameworks based on the Commonwealth Privacy Act 1988, the National Privacy Principles, Commonwealth Freedom of Information Act 1982, and Commonwealth Ombudsman Act 1976. These frameworks outline the requirements for registers of Approved Providers, education and care services and Nominated and Certified Supervisors.

Our organisation ensures that all records and confidential information are protected as is reasonable in the circumstances against loss, unauthorised access, modification and other misuse, but accept no liability for its unintentional dissemination. Our organisation will always endeavour s to check that the accuracy of all confidential information held is up to date and complete, given reasonable circumstances surrounding for which the information is used. Our Services only divulges confidential information to third parties, provided that you have consented to the use of the information for the purpose intended.

Strategies and Practices

• Freedom of Information Act 1982, and Commonwealth Ombudsman Act 1976.
• Ensure that the use and disclosure of sensitive or personal information is only for its original collected purpose, unless the individual consents or unless it is needed to prevent a health threat, or is required and authorised under law.
• Take steps to ensure that any personal information collected, used or disclosed, is accurate, complete and up to date.
• Store information in a secure and confidential way, and destroyed by shredding or incineration when no longer needed.
• Ensure that individuals wishing to access their information make a formal request, confirm via identity checks. They must also check that someone remains with them while they access the information to ensure that information is not changed or removed.
• Ensure that employee, student and visitor information is stored securely.
• Ensure that confidential conversations with employees, families and visitors are conducted in a quiet area away from others. File notes are to be made of such conversations and stored in a secure manner.
• Ensure that information or evidence is not given on matters related to children and/or their families to anyone other than the responsible parent/guardian. This information may be exchanged during the normal course of work with other educators, and also with other staff members when this is required for proper operation of the organisation.
• Not make children, families, staff members or operational information an object for discussion outside of the organisation.
• Ensure that any grievance with regard to privacy and confidentiality is dealt with according to the Grievance and Complaints Policy

Employees Will:

• Sign this policy to ensure the agree to confidentiality
• Comply with Commonwealth Privacy Act 1988, National Privacy Principles, Commonwealth Freedom of Information Act 1982, and Commonwealth Ombudsman Act 1976.
• Ensure that the use and disclosure of sensitive or personal information is only for its original collected purpose, unless the individual consents or unless it is needed to prevent a health threat, or is required and authorised under law.
• Ensure that confidential conversations with other staff members, families and visitors are conducted in a quiet area away from others. File notes are to be made of such conversations and stored in a secure manner.
• Not make children, families, staff members or operational information an object for discussion outside of the organisation.
• Ensure that reports, notes and observations about children are accurate and free from biased comments and negative labelling
• Ensure that information or evidence is not given on matters related to children and/or their families to anyone other than the responsible parent/guardian. This information may be exchanged during the normal course of work with other educators, and also with other staff members and management when this is required for proper operation of the organisation.

Documents to be available for inspection by authorised officers The documents that an approved provider must keep under the National Regulations must be available for inspection by an authorised officer. To the extent practicable, an approved provider must keep the documents set out in regulation 177 at the service premises if they relate to:

• the operation of the service
• any staff member employed or engaged by the service
• any child educated and cared for at those premises in the previous 12 months.

In any other case, the documents must be kept at a place and in a manner that is readily accessible by an authorised officer. The documents that a family day care educator must keep under the National Regulations must be available for inspection by an authorised officer at the educator’s family day care residence or approved family day care venue. Records required to be kept under an education law in relation to a preschool within a school may be used to satisfy the recordkeeping requirements of the National Law or the National Regulations. This is consistent with the objective of the National Quality Framework to reduce regulatory burden.

Timeframes for keeping records

• If the record relates to an incident, illness, injury or trauma suffered by a child while being educated and cared for by the service, or may have been suffered following an incident that occurred while being educated and cared for at the service, until the child is aged 25
• If the record relates to the death of a child while being educated and cared for by the service, or that may have occurred as a result of an incident while being educated and cared for by the service, until seven years after the death
• In the case of any other record relating to a child enrolled at the service, until the end of three years after the last date on which the child was educated and cared for by the service If the record relates to the approved provider, until the end of three years after the last date on which the approved provider operated the service.
• If the record relates to a nominated supervisor or a staff member, until the end of three years after the last date on which the nominated supervisor or staff member provided education and care on behalf of the service.
• In the case of any other record, until the end of three years after the date on which the record was made.

The prescribed records and information must be stored in a safe and secure place. This means the information should remain confidential and only accessible by a person who has the authority to do so (which includes authorised officers). For example, through storage in a locked filing cabinet or locked room, or stored electronically in a secure manner (such as password protected). Authorised officers may discuss with the approved provider and family day care educator what steps they take to ensure documents are kept confidential.

Nominated Supervisor and or responsible Person in charge will:

• Sign a this policy to ensure they agree to confidentiality
• Comply with Commonwealth Privacy Act 1988, National Privacy Principles, Commonwealth

Approved Providers/Management will:

• Sign this policy to ensure the agree to confidentiality
• Comply with Commonwealth Privacy Act 1988, National Privacy Principles, Commonwealth Freedom of Information Act 1982, and Commonwealth Ombudsman Act 1976.
• Ensure that the use and disclosure of sensitive or personal information is only for its original collected purpose, unless the individual consents or unless it is needed to prevent a health threat, or is required and authorised under law.
• Take steps to ensure that any personal information collected, used or disclosed, is accurate, complete and up to date.
• Store information in a secure and confidential way, and destroyed by shredding or incineration when no longer needed.
• Ensure that individuals wishing to access their information make a formal request, confirm via identity checks. They must also check that someone remains with them while they access the information to ensure that information is not changed or removed.
• Ensure that employee, student, contractor, supplier and visitor information is stored securely.
• Ensure that confidential conversations with employees, families and visitors are conducted in a quiet area away from others. File notes are to be made of such conversations and stored in a secure manner.
• Ensure that information or evidence is not given on matters related to children and/or their families to anyone other than the responsible parent/guardian. This information may be exchanged during the normal course of work with other educators, and also with other staff members when this is required for proper operation of the organisation.
• Not make children, families, staff members or operational information an object for discussion outside of the organisation.
• Ensure that any grievance with regard to privacy and confidentiality is dealt with according to the Grievance and Complaints Policy.

Governance

National Law and Regulations

• Regulation 18, 168, 177-179 181, 182, 183
• Section 175 273

National Quality Standards (Bold)

• QA 1.3.3
• QA 4.2
• QA 6.2
• QA 7.1.2

References and Further Information

• Education and Care Services National Regulations 2011
• National Quality Standards
• Commonwealth Privacy Act 1988
• Commonwealth Freedom of Information Act 1982,
• Commonwealth Ombudsman Act 1976
• United Nations Convention of Rights of a Child
• Workplace Relations Act 1996
• Australian Children’s Education & Care Quality Authority

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