The Education and Care Services National Law (the National Law) as enacted in all the states and territories established a national system to regulate education and care services for children.
Section 263 of the National Law applies the Privacy Act 1988 (Cth) (the Privacy Act) to regulatory bodies that undertake the administration of the ‘national education and care services quality framework’, including ACECQA. The National Law and the Education and Care Services National Regulations (the National Regulations) modify the way the Privacy Act applies to the national education and care services quality framework and to ACECQA.
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) was introduced to Parliament on 23 May 2012 and was passed with amendments on 29 November 2012.
The substantive reforms brought about by the amending Act, including the introduction of the Australian Privacy Principles (APPs), came into force on 12 March 2014.
ACECQA only collects personal information for purposes which are directly related to its functions or activities, and only when it is necessary for or directly related to those purposes. These purposes include the following:
ACECQA will usually collect personal information directly from the individual, either in person, in correspondence, in an application form, over the phone or over the internet. Sometimes ACECQA will collect personal information from another third party, for instance from other bodies administering the NQF, or a publicly available source.
In limited circumstances, ACECQA may receive personal information about third parties from individuals in the documents they provide to ACECQA. In these circumstances, ACECQA will attempt to ensure that the consent of those third parties is obtained if the information is required to be disclosed.
information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Examples of personal information include a person’s name and address, a photograph, details of someone’s educational qualifications or an email address.
ACECQA does not collect personal information from individuals who only browse the website.
ACECQA will collect personal information from individuals that choose to complete online forms or contact us by email, for example when individuals:
Your personal information is collected for the purpose of maintaining ACECQA’s mailing lists and answering your queries. This information will not be disclosed except as authorised by law.
The following conditions apply to subscriptions to our mailing lists.
When an individual looks at the ACECQA website, the internet service provider makes a record of the individual’s visit and logs (in server logs) the following information for statistical purposes:
ACECQA does not identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider's server logs.
If you have concerns about how ACECQA has handled your personal information or believe there has been a breach of the Australian Privacy Principles, you can raise this with ACECQA
Privacy Contact Officer
PO Box A292
Sydney NSW 1235
ACECQA will attempt to resolve your concerns. If you are not satisfied, you are able to complain to the National Education and Care Services Privacy Commissioner. The Commissioner's website is www.necsombudsmanprivacy.edu.au.