Privacy Access & Complaints Policy

1. Overview

  • All those whose personal information is kept by LEAD have the right to request access to their personal information.
  • All requests will be dealt with promptly and in a confidential manner.
  • Any inaccurate or out of date information will be corrected.
  • The request to access personal information will not affect any commercial or professional arrangements with LEAD.
  • For security reasons all requests must be put in writing and proof of identity must be provided.
  • The information will be provided within 30 days and any costs incurred will be paid by the person making the request.
  • Access to personal information will be denied if the request and/or the provision of information:
    – Does not relate to the personal information of the person making the request
    – Would pose a serious and imminent threat to the life or health of a person
    – Would create an unreasonable impact on the privacy of others
    – Is frivolous and vexatious
    – Relates to existing or anticipated legal proceedings
    – Would prejudice negotiations with the individual making the request
    – Access would be unlawful
    – Denial of access is authorised or required by law
    – Would prejudice law enforcement activities
    – Discloses a ‘commercially sensitive’ decision making process or information
    – Any other reason that is provided for Legislation or statutory requirement

If access is denied the reasons will be set for doing so. Where there is a dispute about the right of access to information or forms of access, this will be dealt with in accordance with the conditions outlined in this Policy.

2. Privacy Complaints

Anyone who has provided LEAD with personal information or where LEAD has collected and held their personal information, has a right to make a complaint and have it investigated and dealt with under this policy.

Complaints about the handling of personal information could include concerns about the method of collection or storage of information, the way that this information is used or disclosed and how access is provided to the information.

All complaints should be referred to the Chief Executive Officer and recorded in writing.

Once a complaint is made the following ways of resolving it may be used:

  • Requesting further information
  • Discussing options
  • Investigating the complaint
  • Addressing the conduct of employees
  • Involving the Executive Officer or President of the Board of Directors

If the complaint is substantiated, appropriate steps will be taken to resolve it and   prevent the problem from recurring. If the complaint is not substantiated or cannot be resolved even when the Policy has been followed the matter may be referred to an appropriate intermediary.

At the conclusion of the complaint procedure if the complainant is still not satisfied with the outcome they are free to take their complaint to the Office of the Federal Privacy Commissioner.

A record will be kept of the complaint and the outcome.

It is not possible to deal with anonymous complaints. However, if an anonymous complaint is received the issues and concerns raised will be noted and where appropriate efforts will be made to resolve them appropriately.

3. Policy on the Inspection of Employee Records

This Policy applies only to those employment records required by law to be kept by LEAD and which are to be disclosed by law to employees on their request.

All employees have the right to inspect and copy his or her own records. LEAD is obliged to inform an employee of where records are kept but are not to permit any employee to see or to request to see another employee’s records.

Employees may access certain employment records including:

  • The name of the industrial instrument or instruments under which his/her employment is regulated
  • His or her time and wages records including overtime if applicable and remuneration
  • His or her records of leave including leave taken and available entitlements
  • His or her records of superannuation contributions and
  • Workers compensation records if the employee has had an accident

Employees may request an interview with the Chief Executive Officer of LEAD at any time during working hours to discuss a record which has been or is to be made by LEAD.

LEAD is required to keep employee records for seven years from the date on which an entry is made or from termination of an employee’s employment depending on which happens first.

4. Sensitive Information and Health Information

LEAD must not collect sensitive information about an individual unless special circumstances apply, or the individual has consented to the information being collected.

Health information is a special category of sensitive information with its own rules. LEAD is permitted to collect certain health information about current employees and prospective employees of LEAD if that information will be needed to ensure the health, safety and well-being of staff.

The following is a list of ‘sensitive information’:

  • Information about racial or ethnic origins
  • Information about political opinions
  • Information about membership of a political association
  • Information about religious beliefs or affiliations
  • Information about philosophical beliefs
  • Information about membership of a professional or trade association
  • Information about membership of a trade union
  • Information about sexual preferences or practices
  • Information about the criminal record of an employee or prospective employee

5. Primary Responsibility

  • Board of Directors, Members, Employees, Trainers and Consultants.

Failure to comply with the Privacy Access and Complaints Policy may result in disciplinary action up to and including termination of employment, in accordance with the LEAD Disciplinary Procedure.