Privacy policy

Purpose

This Privacy and Confidentiality policy provides guidelines to:

• Protect the privacy and confidentiality of children and their families, educators and staff
• Ensure all records and information are kept in a secure place
• Ensure all records and information are only accessed by or disclosed to those people who need the information to fulfil their responsibilities or have a legal right to know

Background

Confidentiality is one of the most important supports of effectively provision a wide range of quality early childhood services. Protecting the private details of each person in attendance at the service, is not just a matter of moral respect, it is essential in retaining the important bond of trust between the service and its families.

By law, a childcare service needs to collect a large amount of personal information about children and their families, guardians and others. Much of this information will be ‘sensitive confidential information’ which, sometimes, may need to be disclosed as per the law and/or the welfare of the child demands it. Little Beginnings Early Learning Centre is regulated by legislation and government imposed rules of practice, much of which has a bearing one what personal information will need to be collected. Wherever possible, the service will seek to protect privacy within the parameters of these laws and requirements.

In the Privacy Act (1988), contains 10 National Privacy Principles (NPPs) which regulate how the service handles an individuals’ personal information.

• NPP 1: Collection Describes what an organisation should do when collecting personal information, including what they can collect, collecting from third parties and, generally, what they should tell individuals about the collection
• NPP 2: Use and disclosure Outlines how organisations may use and disclose individuals’ personal information. If certain conditions are met, an organisation does not always need an individual’s consent to use and disclose personal information
• NPP 3 & 4: Information quality and security An organisation must take steps to ensure the personal information it holds is accurate and up-to-date, and is kept secure from unauthorised use or access
•  NPP 5: Openness An organisation must have a policy on how it manages personal information, and make it available to anyone who asks for it
• NPP 6: Access and correction Gives individuals a general right of access to their personal information, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date
• NPP 7: Identifiers Generally prevents an organisation from adopting an Australian Government identifier for an individual as its own (i.e. Medicare numbers)
• NPP 8: Anonymity Where possible, organisations must give individuals the opportunity to do business with them without the individual having to identify themselves
• NPP 9: Trans-border data flows Outlines how organisations should protect personal information that they transfer outside Australia
• NPP 10: Sensitive information Sensitive information includes information such as health, racial or ethnic background, or criminal record. Higher standards apply to the handling of sensitive information

Legislation and Standards

• Privacy Act 1988
• United Nations Convention of the Rights of a Child
• Freedom of Information Act 1989
• Children’s Services Act 1996
• Children’s Services Regulations 2009
• Child Wellbeing and Safety Act 2005 (Vic) (Part 2: Principles for children)
• National Quality Framework 2018
• Education and Care Services National Law Act
• Education and Care Services National Regulations

Implementation

• Personal information will only be collected in so far as it relates to the service’s activities and functions, and in line with relevant legislation
• Collection of personal information will be lawful, fair, reasonable and unobtrusive
• Individuals who provide personal information will be advised of:
• The name and contact details of the service
• The fact that they are able to gain access to their information
• Why the information is collected
• The organisations to which the information may be disclosed
• Any law that requires the particular information to be collected
• The main consequences for not providing the required information
• The use or disclosure of personal information will only be for its original collected purpose, unless the individual consents or unless it is needed to prevent a health threat, or is required or authorised under law
• Steps will be taken to ensure the personal information collected, used or disclosed. Is accurate, complete and up to date
• Parents will be required to update their enrolment details every 2 years or whenever they experience a change in circumstances
• Personal information will be kept in a secure and confidential way.
• Individuals will be provided with access to their personal information upon request, and may request that their information be updated or changed where it is not current or correct
• Individuals wishing to access their personal information must make written application to Management. Management will protect the security of information by checking the identity of the applicant and ensuring someone is with them while they access the information to ensure the information is not changed or removed without the Director’s knowledge
• Every enrolling parent/guardian is provided with clear information about:
• What personal information is kept, and why
• Any legal authority to collect personal information
• Third parties to whom the service discloses such information as a usual practice
• Confidential conversations that educators have with parents, or the Director has with educators will be conducted in a quiet area away from other children, parents and educators
• Personnel forms and employee information will be stored securely
• Applicants or students will be informed that their personal information is being kept, for what reason, for how long, and how it will be destroyed at the end of the time period
• Information about educators will only be accessed by Management and individual educators concerned
• No educators may give information or evidence on matters relating to children and/or their families to anyone other than the responsible parent/guardian, unless prior written approval by the responsible parent/guardian is obtained. Exceptions may apply regarding information about children when subpoenaed to appear before a court of law. Notwithstanding these requirements, confidential information may be exchanged in the normal course of work with other educators at the centre and may be given to the Director, when this is reasonably needed for the proper operation of the centre and the wellbeing of users and educators
• Educators will store sensitive information collected and documented about a child appropriately.
• Reports, notes and observations about children must be accurate and free from biased comments and negative labelling of children online
• Educators will protect the privacy and confidentiality of other educators by not relating personal information about another educator to anyone either within or outside the service
• Students will not make educators/children or families at the centre an object of discussion outside the service (i.e. school, college, home, etc), nor will they at any time use family names in recorded or tutorial information
• Students will only use information gained from the centre upon receiving written approval from the centre to use and/or divulge such information, and will never use or divulge the names of persons

Social Networking

A social networking website can be defined as a website used to socialise or communicate. These include, but are not limited to: Facebook, MySpace, Twitter, Instagram, etc (including usage on any device such as the internet, mobile phone or tablet).

Our stance on social networking websites is that they are for personal use ONLY and should not be accessed whilst the educator is working.

• No information about what happens at the service should be posted on a social networking website, nor should any photos taken at the service or on an excursion, be put on a social networking website.
• If an educator dos put photos of a child or children enrolled at the service on a social networking website, families will immediately be contacted. If possible, the social networking website will be contacted to delete the photos. The educator will face an inquiry into their actions and possibly face termination of employment.
• Social networking websites are not a private means of communication and can be accessed by the public. Therefore, it is important not to share private information about service families or other educators on social networking websites
• Should a family member related to the service harass an educator via a social networking website, the Director will conduct an inquiry into their actions, and depending on the severity of the situation face possible termination of employment/termination of their child’s place at our service

Accountability

• It is the responsibility of Little Beginnings Early Learning Centre staff, educators and contractors to comply with the privacy laws and this policy. A copy of this policy will be made available to staff and educators, students and visitors
• Little Beginnings Early Learning Centre will regard non-compliance with this policy most seriously. Violation of this policy by staff will lead to disciplinary procedures being imposed, up to and including the possibility of dismissal
• Staff and educators of Little Beginnings Early Learning Centre must report breaches of this policy to the Director as they become aware of them
• Breach of this policy will include the following:
• Non-compliance with the terms of this document and procedures implemented by the Director
• Breach of the NPPs or the provisions of the Privacy Act
• Gaining or attempting to gain unauthorised access to personal information held by Little Beginnings Early Learning Centre
• Unauthorised disclosure or use of personal information held by Little Beginnings Early Learning Centre

Consent and our Approach

• In some cases the Privacy Act provides that Little Beginnings Early Learning Centre may not collect or make certain use of personal information or disclose it without the consent of the individual. On the other hand, in other cases Little Beginnings Early Learning Centre is in fact subject to other laws that require or authorise it to collect, use or disclose personal information
• Legislation binding on Little Beginnings Early Learning Centre provides that Little Beginnings Early Learning Centre may not enrol a child without obtaining parental consent to certain things, such as seeking urgent medical attention. Where that requirement is present, we will inform parents of our statutory requirement and reasons for insisting on consent. Enrolment forms and parent agreements set this out

Young Children

We recognise that the young people entrusted to our care are “individuals” whose information is subject to the provision of the Privacy Act. However, in all but exceptional cases, it is our policy that the children in our care lack the maturity and understanding of privacy issues to act on their own in relation to such matters.

Where consent is required concerning privacy matters, it is our policy not to seek it from children of such young age. Instead we will, where consent is required, seek such consent from the parent or guardian on behalf of the child. In other dealings with young children, we believe that the requirements of the Privacy Act can only be dealt with by communication with the parents or guardian of the child.

What personal information do we normally collect about Children?

To do our job, Little Beginnings Early Learning Centre needs and is required to collect a substantial amount of information about the children in its care. Legislation such as the regulations made under the Education and Care Services National Regulations, requires a wide range of information to be recorded. Much of the information that we are required to record is in the category of “sensitive” information

Our licence agreement and the guidelines issued by the Department of Education require us to demonstrate that we collect and use personal information to enable us to provide a service that responsibly and sensitively deals with such things as:

• Developmental records of the child
• Health problems of the child and particulars of required treatments and medications
• Wider community health issues and especially the need to limit the spread of communicable diseases
• Emergency treatment for accidents and health episodes
• The ethnic and cultural identity of the child (in this context we will incidentally collect information about the child’s family and responsible others – see below) and
• Court orders affecting custody of the child

In some instances we will be obliged to collect and report to proper authorities information about the child and its family or others where we have grounds for suspecting that the child is at risk of significant harm.

What personal information do we normally collect about Family Members and Responsible Others?

• Little Beginnings Early Learning Centre will collect information about family members and others with an important connection or responsibility of care for the child (“responsible others”) entrusted to it
• The same legislation and practice requirements that require us to collect information about health matters, ethnic identity and religious affiliation will by definition require us to collect information about family members and responsible others
• If a Little Beginnings Early Learning Centre educator has grounds for believing that the child is at risk of significant harm, it may be necessary for collection of information, including sensitive information, not only about the child, but about the family members or responsible others, even neighbours. These rules may also require us to disclose such information to third parties
• Little Beginnings Early Learning Centre will need information about any responsible others for dealing with emergencies and the task of conveying the child to or collecting the child form the service. We will also need to know the identity of each child’s medical practitioner for similar reasons
• Unless otherwise required by law, Little Beginnings Early Learning Centre will comply with the requirements of the Privacy Act in relation to information collected from such responsible others. Where we collect the information from the parent or guardian and not directly from the responsible other, we will take reasonable steps to ensure that the responsible other is notified of our collection of the information

What personal information do we normally collect about Staff and Educators?

Little Beginnings Early Learning Centre will gather such information as:

• Personal contact details
• Emergency contact details
• Payroll information
• Tax file number
• Qualifications
• Medical certificates
• Learning and development plans
• Work performance matters (if required)
• Working with Children Check card

Such information is designed to meet government legislation (both federal and state) as well as assist in the overall operation of the business. Such information is treated with great sensitivity and properly secured at all times

What personal information do we normally collect about other business contacts?

In the case of Little Beginnings Early Learning Centre business contacts and suppliers, we will not normally collect personal information other than:

• An individual’s name
• Job title
• Address
• Phone numbers (facsimile numbers if needed)
• Email addresses

For the purpose of enabling Little Beginnings Early Learning Centre to fulfil its obligations to those contacts and suppliers

The Purpose of Collection – Children

• Personal information we collect about children will be used for the purposes of providing the wide variety of child care services to the child and its family
• If we wish to use information collected about children or families for the purposes of studying demographics or other social issues relevant to the provision of child care services generally, we will ensure that the information is de-identified in the study.
• There will be no mention of name, gender or age
• Educators will get the consent of parents before disclosing sensitive personal information about the child to a third party. However, Little Beginnings Early Learning Centre may be required by law to disclose personal information of the child in a range of circumstances. For example, we may be required to disclose personal information of the child to:
• The guardian or other person responsible for the child
• Other family members or contacts in the emergency or where the child is ill or injured or is at risk of illness or injury
• The child’s medical practitioner
• Other health or medical practitioners where the child is sick or injured or at risk of illness or injury

This is not an exhaustive list. There may be many other circumstances where Little Beginnings Early Learning Centre will be required to disclose personal information held about the child to a person other than the parent or guardian.

Information on Display

Persons who enter Little Beginnings Early Learning Centre premises may be able to view information about the children in our care. For example, personal information of the child and family members may be on display, such as:

• Artwork
• Other materials that may divulge names, age, ethnic and religious background or affiliation
• Health matters

In relation to the latter, in some cases it may be necessary to have on display health information so that we can have ready access to it for emergency purposes. Information on display may identify not just the relevant child but parents and responsible others.

The Purpose of Collection – Family members and Responsible Others

Personal information collected about parents, guardians and responsible others will not be collected for its own sake, but to assist Little Beginnings Early Learning Centre in the provision of child care services to the child and their family.

Little Beginnings Early Learning Centre may use the information collected from parents and guardians to keep them informed of services that Little Beginnings Early Learning Centre offers from time to time, and sometimes to make contact to request assistance. In such cases, we will always allow the individual to opt out of further receipt of such information.

The Purpose of Collection – Suppliers and other Business Contacts

As noted above, Little Beginnings Early Learning Centre will generally collect only contact information so that we can fulfil our commitments and contractual responsibilities to them and manage and monitor our dealings with them.

Accuracy of Personal Information

It is our policy to ensure that when personal information is collected from an individual, it is accurately recorded. This is the responsibility of all staff and educators involved in the collection and recording of such information. We will adopt suitable protocols and such technology as may be available from time to time. (within our financial means) to prevent unauthorised access to and tampering with or alternation of the personal information we hold.

Little Beginnings Early Learning Centre will encourage contacts to let us know if they become aware of inaccuracies in the information we retain. We may also conduct sample checks from time to time. We will respond promptly to any request for correction of data and will act quickly to correct data that is discovered to be inaccurate.

Security of Personal Information

It is not appropriate in this policy to provide specific details of security measures adopted by Little Beginnings Early Learning Centre to protect information. To do so could compromise those security measures. Little Beginnings Early Learning Centre will use appropriate combination of:

• Physical measures (including physical barriers)
• Alarm systems
• Access technology; and
• Administrative protocols, to exclude unauthorised persons or intruders from gaining information

To maintain the integrity of information, Little Beginnings Early Learning Centre has acquired and will continue to acquire (within its means) up to date computer virus prevention technology and makes use of other appropriate technology, such as password security protocols and “firewalls” to exclude unauthorised access of its computer system.

Access and Correction Rights

The Privacy Act requires Little Beginnings Early Learning Centre to provide individuals access to the personal information which Little Beginnings Early Learning Centre holds about them – unless Little Beginnings Early Learning Centre is entitled under the Privacy Act or other legislation to deny access or provide an explanation for a decision instead. This qualified right of access will be advised when personal information is collected.

In the case of personal information held about children, Little Beginnings Early Learning Centre will provide access on the request of the parent or guardian. When requesting access to personal information, Little Beginnings Early Learning Centre requires use of a written request.

Little Beginnings Early Learning Centre will respond to requests for access as soon as possible and will acknowledge the request within 14 days and deal with I within 30 days or earlier.

Though we may ask, we will not require an explanation of why as a pre-requisite to giving access.

We will not charge a fee for access but we may seek recovery of actual costs to us providing access.

Some circumstances where it may be appropriate and lawful for Little Beginnings Early Learning Centre to deny access are where:

• Providing access would unreasonably be to the detriment of the privacy of another individual
• The request is frivolous or vexatious
• The information relates to existing or anticipated legal proceedings between Little Beginnings Early Learning Centre and the individual, and the information would not be available by the legal discovery processes
• Giving access would reveal Little Beginnings Early Learning Centre intentions in relation to negotiations with the individual and prejudice those negotiations for Little Beginnings Early Learning Centre; Or
• Providing access would be unlawful or if denying access is required o authorised under the law

This is not an exhaustive list of circumstances where we may be entitled or even required to deny access.

Use of Government Identifiers

Little Beginnings Early Learning Centre may collect them but we will not use government identifiers such as tax file numbers or Medicare numbers, as a means of identifying a person from whom the identifier has been collected.

In those cases, if information is collected that identifies the individual, we will de-identify it before storing or using it.

Contacting Little Beginnings Early Learning Centre and Complaints

If an individual:

• Has an enquiry about our information management or privacy procedures
• Wishes to request access to personal information
• Wishes to see a copy of this policy, or
• Wishes to make a complaint about our handling of personal information;

That person can contact our Office by the following means:

Phone: 03 9558 5999 or 9558 5255        Email: enquiries@littlebeginningschildcare.com.au

Address: 574 Springvale Rd, Springvale South VIC 3172

• Formal complaints must be made in writing (See Complaints and Grievance Policy). This will allow us to deal with complaints in a professional, sensitive and consistent manner in compliance with the Privacy Act
• We will acknowledge receipt of a request within 14 days of receiving it and we will respond within 30 days of receipt, assuming that we are able to investigate the necessary facts in that time
• Grievant will be given an opportunity to put their complaint in writing, to suggest a remedy for the complaint and, if necessary, to discuss the matter with the Director
• Complaints and their outcomes will not be made publicly available since as this breach the privacy of the individuals named

Monitoring and review

All staff, including management and educators, monitor and review the effectiveness of the Privacy and Confidentiality policy and revise the policy when required (at least once every three years) by completing a policy review

Next policy review: Jan 2029