This Policy does not apply to employees' records which are generally exempt from the legislation and Workskil has other systems in place for how it shall deal with those records.
The Policy applies to personal information collected by Workskil in the course of performing its functions and services. That information might typically include personal information obtained:
- from clients to assist them in securing employment or training opportunities;
- to provide other assistance to clients in accordance with Workskil's objectives and programs;
- from employers about their business and recruitment needs
- from third party suppliers of good and services;
- to raise funds;
- in the recruitment of employees or volunteers.
The following is a brief outline (and not an exhaustive statement) of how Workskil will abide by the Australian Privacy Principles that most directly impact upon the personal information it holds and the programs and services it carries out.
Collection of Information
Workskil will only collect personal information which is necessary for one or more of its functions or activities. Workskil will seek, where practical to collect personal information directly from the individual concerned. Workskil will only use lawful and proper means to collect that information.
When collecting personal information from clients, Workskil will advise the client of:
- who Workskil is and Workskil's contact details;
- the clients rights to access their information;
- why Workskil needs the information.
- persons or agencies to whom Workskil may disclose the personal information;
- any laws or Commonwealth funding contracts that require Workskil to collect the information; and
- the consequences if the client does not provide the information.
When collecting information from employers, it will be for the sole purpose of seeking to service their recruitment needs and successfully place and support job seekers and the employer.
Workskil may collect personal information from a variety of sources (including from the individual or from government agencies or from employers or other third parties) and in a variety of ways (including face-to-face contact, by email or facsimile or by telephone contact).
Use and Disclosure
Generally Workskil must use personal information solely for the purpose for which it was collected and in some cases for closely related secondary purposes. An example of a closely related secondary purpose would be where a client has participated in one Workskil program and then wishes to access another. In that case, it would be reasonable for Workskil to use that same information for the client's participation in the other program.
The work of Workskil means that personal information will necessarily be passed on to third parties if that is a necessary part of the reason it was obtained. Typically, this might include employers, government agencies related to Workskil's services, counselling, welfare or training providers or superannuation funds.
Information about how employers might be passed on to prospective job seekers but this would not include any personal or confidential information.
Workskil will not, without the individual's consent, disclose the personal information for any other purposes except in very limited circumstances such as:
- if non-disclosure might represent a serious threat to life, safety or welfare;
- if non-disclosure might represent a serious threat to public welfare;
- if disclosure is required by the law.
Data Quality and Security
Workskil has an obligation to take reasonable steps to ensure personal information it maintains is up-to-date and accurate. It also must be held in secure facilities ensuring it is only accessible by those employees who need it to carry out their work. Workskil will ensure dated personal information is securely archived and where appropriate, for personal information no longer required to be kept, is properly destroyed or de-identified in due course.
Workskil will make the principal content of this Policy available on its publicly accessible website and hard copies available upon request. Workskil will also advise any person, upon request, what sort of information Workskil might hold about them and why it holds that information and how it collected it and discloses it. All such client requests shall be made to Workskil's Performance and Training Manager. All other requests should in writing addressed to Workskil's General Counsel.
Access and Correction
Generally, clients, employers and other third parties have a right to know what personal information Workskil retains relating to them and to access that information. However, the law and Workskil's Commonwealth funding arrangements do allow for some limited exceptions. Workskil is not obliged to release personal information where:
- its release might pose serious an imminent threat to life or health of an individual;
- its release would impact upon the privacy of others;
- the request is frivolous or vexatious;
- access would be unlawful;
- denying access is authorised by the law or Workskil's governmental funding arrangements; or
- access my prejudice the operations of a law enforcement authority.
When receiving an access request, Workskil reserves the right to properly confirm the identity of the person making the request. Workskil will respond to any request within a reasonable time.
Workskil will take reasonable steps to correct any personal information it holds which is shown to be inaccurate or out-of-date. If Workskil declines a request to amend its records, it shall give written reasons for that decision. If Workskil refuses or restricts access, it shall also give written reasons for that decision.
Requests for client access to personal information should be directed in writing to Workskil's Performance and Training Manager. All requests by other parties for personal information should be directed to Workskil's General Counsel.
Workskil may be obliged to use unique identifiers issued by government agencies. Workskil shall not disclose such identifiers unless that is necessary for Workskil to fulfil its contractual obligations to the agency.
Sensitive information is personal information about a person's political opinions, religious or philosophical beliefs, trade union membership, health information or sexual inclination. Workskil will not generally collect or maintain sensitive information unless;
- the individual has consented; or
- the collection is required by law; or
- the collection is necessary to prevent or lessen serious and imminent threat to life or health; or
- the information is collected as a core part of Workskil's services and at or before the time of collection Workskil has undertaken to the individual not to release the information.
Dealings with Youth - Information Sharing Guidelines
Workskil carries out specific programs and services for the benefit of youth. Workskil follows and abides by South Australian Government Information Sharing Guidelines for Promoting Safety and Wellbeing (ISG). This means Workskil works closely with other agencies to coordinate the best possible support for youth and their families. Under the ISG, a young person's consent will be obtained for sharing their information unless;
- it is unsafe or impossible to gain consent or consent has been refused; and
- without the information being shared, it is anticipated that the young person will be at risk of serious harm, abuse or neglect or pose a risk to public safety.
A full copy of the ISG can be accessed via the SA Ombudsman Website at www.ombudsman.sa.gov.au.