National Quality Standard (NQS) - Quality Area 7: Governance and Leadership
About This Policy
The right to confidentiality and privacy of the child and the family is outlined in Early Childhood Code of Ethics and National Education and Care Regulations. We will respect the privacy of children and their parents and educators while ensuring that they access high-quality early years care and education in our Service.
National Quality Standard (NQS)
Quality Area 7: Governance and Leadership
- 7.1 Governance - Governance supports the operation of a quality service
- 7.1.1 Service philosophy and purposes - A statement of philosophy guides all aspects of the service’s operations
- 7.1.2 Management Systems - Systems are in place to manage risk and enable the effective management and operation of a quality service
- 7.1.3 Roles and Responsibilities - Roles and responsibilities are clearly defines, and understood and support effective decision making and operation of the service
- 7.2 Leadership - Effective leadership builds and promotes a positive organisational culture and professional learning community
Education and Care Services National Regulations
Children (Education and Care Services) National Law NSW
- Regulation 168 Education and care services must have policies and procedures
- Regulation 181 Confidentiality of records kept by approved provider
- Regulation 181-184 Confidentiality and storage of records
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Purpose To preserve private and confidential files of the children, families, staff and visitors using the Service. We aim to protect the privacy and confidentiality by ensuring continuous improvement on our current systems use, storage and disposal of records, ensuring that all records and information about individual children, families, educators and management are preserved in a secure place and are only retrieved by or released to people who need the information to fulfil their responsibilities at the service or have a legal obligation to distinguish. |
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Scope This policy applies to children, families, staff, management and visitors of the Service. |
Implementation
Early Childhood Services are required to comply with Australian privacy law which includes the Information Privacy Act 2000 and the Health Records Act 2001.
The new law introduces a Notifiable Data Breaches (NDB) scheme that requires Early Childhood Services, Family Day Care Services and Out of School Hours Care Services to provide notice to the Office of the Australian Information Commissioner (formerly known as the Privacy Commissioner) and affected individuals of any data breaches that are “likely” to result in “serious harm.”
Businesses that suspect an eligible data breach may have occurred, must undertake a reasonable and expeditious assessment to determine if the data breach is likely to result in serious harm to any individual affected. A failure to notify that is found to constitute a serious interference with privacy under the Privacy Act may result in a fine of up to $360,000 for individuals or $1.8 million for organisations.
In order to comply with the Information Privacy Act, services are required to follow the Australian Privacy Principles (APPs), which are contained in Schedule 1 of the Information Privacy Act 2000 (Privacy Act).
In particular, the principles cover how personal information can be used and disclosed (including overseas), keeping personal information secure, and the open and transparent management of personal information including having a privacy policy.
The principles cover:
- the open and transparent management of personal information including having a privacy policy
- an individual having the option of transacting anonymously or using a pseudonym where practicable
- the collection of solicited personal information and receipt of unsolicited personal information including giving notice about collection
- how personal information can be used and disclosed (including overseas)
- maintaining the quality of personal information
- keeping personal information secure
- right for individuals to access and correct their personal information
The APPs place more stringent obligations on APP entities when they handle ‘sensitive information’. Sensitive information is a type of personal information and includes information about an individual's:
- health (including predictive genetic information)
- racial or ethnic origin
- political opinions
- membership of a political association, professional or trade association or trade union
- religious beliefs or affiliations
- philosophical beliefs
- sexual orientation or practices
- criminal record
- biometric information that is to be used for certain purposes
- Biometric templates.
Australian Privacy Principles (APPs)
APP 1 – Open and transparent management of personal information
Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date APP privacy policy.
APP 2 – Anonymity and Pseudonymity
Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply
APP 3 – Collection of solicited personal information
Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of ‘sensitive’ information.
APP 4 – Dealing with unsolicited personal information
Outlines how APP entities must deal with unsolicited personal information.
APP 5 – Notification of the collection of personal information
Outlines when and in what circumstances an APP entity that collects personal information must notify an individual of certain matters.
APP 6 – Use or disclosure of personal information
Outlines the circumstances in which an APP entity may use or disclose personal information that it holds
APP 7 – Direct marketing
An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.
APP 8 – Cross-order disclosure of personal information
Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas
APP 9 – Adoption, use or disclosure of government related identifiers
Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier, or use or disclose a government related identifier of an individual.
APP 10 – Quality of personal information
An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure.
APP 11 – Security of personal information
An APP entity must take reasonable steps to protect the personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.
APP 12 – Access to personal information
Outlines an APP entity’s obligations when an individual request to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.
APP 13 – Correction of personal information
Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals
Management will:
- Provide Staff and Educators with relevant changes
- Make sure all relevant staff understand the requirements under Australia's privacy law
- Keep up to date with the Australian Privacy Principles (this may include delegating a staff member to oversee all privacy-related activities to ensure compliance).
- Ensure personal information in protected in accordance with our obligations under the Information Privacy Act 2000 and Privacy amendments (Enhancing Privacy Protection) Act 2012
- Ensure all records and documents are maintained and stored in accordance with Education and Care Service National Regulations
- Ensure the service acts in accordance with the requirements of the Privacy Principles and Information Privacy Act 2000 by developing, reviewing and implementing procedures and practices that identify
- the name and contact details of the service;
- what information the service collects and the source of information
- why the information is collected;
- who will have access to the information
- Collection, storage, use, disclosure and disposal of personal information collected by the service
- any law that requires the particular information to be collected;
- adequate and appropriate storage for personal information collected by the service
- protection of personal information from unauthorised access
- Ensure the appropriate use of images of children
- Ensure all employees, students volunteers and families are provided with a copy of this policy
- Deal with privacy complaints promptly and in a consistent manner, following the Service’s Grievance Procedures. Where the aggrieved person is dissatisfied after going through the grievance process
- Ensure families only have access to the files and records of their own children
- Ensure information given to Educators will be treated with respect and in a professional manner
- Children and staff files are stored in a locked and secure cabinet
- Ensure Information relating to staff employment will remain confidential to the people directly involved with making personnel decisions.
- Information shared with us by the family will be treated as confidential unless told otherwise.
Nominated Supervisor will:
- Adhere to centre policies and procedures, supporting management
- Ensure educators, staff, volunteers and families are aware of the privacy and confidentiality policy
- Ensure the service obtains consent from parents and/or guardian of children who will be photographed or videoed by the service
- Ensure families only have access to the files and records of their own children
- Information given to Educators will be treated with respect and in a professional manner
- Ensure only necessary information regarding the children’s day to day health and wellbeing is given to non-primary contact educators – for example, food allergies
- Will not discuss individual children with people other than the family of that child, except for the purposes of curriculum planning or group management. Communication in other settings must be approved by the family beforehand.
- Information shared with us by the family will be treated as confidential unless told otherwise.
Responsible Persons and Staff will:
- Read and adhere to the privacy and confidentiality policy at all times
- Ensure recording information and photographs of children are kept secure and maybe requires at any time by the child’s parents or guardian
- Ensure families only have access to the files and records of their own children
- Treat private and confidential information with respect in a professional manner
- Will not discuss individual children with people other than the family of that child, except for the purposes of curriculum planning or group management. Communication in other settings must be approved by the family beforehand. This includes relevant information sharing with Early childhood Intervention Services professionals and Schools when completing Transition to School Statements.
- Information shared with us by the family will be treated as confidential unless told otherwise.
- Maintain individual and Service information and store documentation according to this policy at all times.
- Not to share information about the individual or service, management information, or other staff as per legislative authority.
The personal information our service may request in regards to children:
- Parent contact details
- Emergency contact details and persons authorised to collect individual children
- Children’s health requirements
- Immunisation records
- Developmental records and summaries
- External agency information
- Custodial arrangements
- Incident reports
- Medication reports
- Child care benefit and child care rebate information
- Medical records
- Permission forms
The personal information our service may request in regards to the staff
- Personal details
- Tax information
- Working contract
- Emergency contact details
- Medical details
- Immunisation details
- Working with children check
- Qualifications
- Medical history
- Resume
- Superannuation details
- Child Protection qualifications
- First Aid, Asthma and Anaphylaxis certificates
Source
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| 📅 Policy Reviewed/Modification Dates | ✍️ Modifications & Updates |
| October 2017 |
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| January 2018 |
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| January 2024 |
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| January 2025 |
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Feedback & Collaboration
- At Woodlands, we are committed to continuous improvement and ensuring that our policies and procedures reflect the needs and expectations of everyone we serve. We highly encourage all forms of feedback, whether positive or constructive, to help us refine and enhance our practices.
- 👆 Click Here To Access The Woodlands Policies & Procedure Feedback & Collaboration Form