Policy remodeled Feb 2016
DATE EFFECTIVE: Feb 2016
Statutory Legislation & Considerations
Education and Care Services National Law Act 2010
Education and Care Services National Regulations 181.
Link to National Quality Standard 7.3.5.
Information Privacy Principles – www.oaic.gov.au
Department of the Officer of the Privacy Commissioner - www.oaic.gov.au
Early Childhood Australia - www.earlychildhoodaustralia.org.au
Community Child Care Co-Operative Model Policies
Early childhood settings require personal information from families to provide appropriate and responsive care for their children. This information needs to be maintained and managed in a private and confidential manner as in individual right and as a basis for building partnerships. The Kindergarten is committed to maintaining privacy and confidentiality in regard to all our families and staff. This policy has been developed with regard to the Information Protection Principles (IPP’s)(2003) and pursues the highest standard in the protection and preservation of privacy and confidentiality.
- Ensure that all files for staff, children and their families will remain private and confidential.
- Develop systems for the appropriate use, storage and disposal of these records
- Ensure the information in these files is used only for the education and care of the child enrolled in the service, and only shared with relevant or authorised people as defined within authorisations of the Education and Care Services National Regulations.2011
Collection of Information
For The Kindergarten to be able to meet the needs of each child, family, educator and staff member information must be collected and maintained. The Nominated Supervisor will provide families with details on the collection of personal information.
This information will include:
The types of information collected by The Kindergarten
The purpose of collecting information;
What types of information will be disclosed to the public or other agencies; and when and why disclosure may occur;
How information is collected and stored at the service;
Approaches used to keep information secure;
Who has access to the information;
The right of the individual to view their personal information;
The length of time information needs to be archived;
How information is disposed;
How individuals may seek access to personal information held by the service or seek correction of such information; and
How individuals may make complaints about a breach of privacy.
Access to Information
- The Nominated Supervisor of The Kindergarten, will ensure that information kept is not divulged or communicated, directly or indirectly, to anyone other than:
Medical and developmental information that is required to adequately provide education and care for the child, or
The Department of Education and Communities, or an authorised officer, or
As permitted or required by any Act or Law or
Persons authorised in writing by the parents/guardians
- Individuals will be allowed access to their personal information when they request it.
- Authorised persons may request to view any information kept on their child.
- Information may be denied under the following conditions:
Access to information could compromise the privacy of another individual;
The request for information is frivolous or vexatious;
The information relates to legal issues, or there are legal reasons not to divulge the information such as in cases of custody and legal guardianship.
- Each child’s personal file containing the enrolment form, developmental records and so forth is to be kept in a secure location at all times.
- Staff will ensure that discussions with parents about issues that may be sensitive take place in private and that these discussions are only shared with other relevant staff (on a need-to-know basis) and the Director.
- The names of children who may have caused injury to other children while at preschool are not to be disclosed to parents, or to anyone other than staff members.
- Staff members are not to discuss any financial details of families with persons other than the parent or guardian who is responsible for paying the child’s fees. This confidentiality applies to subsidy assessments, fee arrears, and any other financial details. Any information regarding the financial status of a family needs to be discussed with them, and if they do not collect the child personally, a letter should be sent. Verbal messages regarding financial situations are not to be relayed via neighbours, friends or relatives.
- A child’s enrolment at The Kindergarten is not to be confirmed with anyone without the consent of the child’s parent or guardian.
- University and TAFE students may be allowed limited access to children’s information. For example, the children’s first names, date of birth, country of origin, and home language should suffice for most tasks assigned to their course of study. Permission must be sought from families before any other information is passed on to students.
- The Nominated Supervisor is responsible for keeping all service records required under the Education and Care National Regulation 2011. Information will be updated regularly.
- In keeping with the Early Childhood Australia (ECA) Code of Ethics (2016), the Education and Care Services National Regulations 2011 and the National Privacy Principles, educators and staff employed by The Kindergarten are bound to respect the privacy rights of children enrolled and their families, educators and staff and their families and any other persons associated with the service.
- Educators will sign a Confidentiality Statement as it relates to privacy and confidentiality of information.
All information pertaining to The Kindergarten, the staff, children and families will be maintained in a private and confidential manner in accordance with the Commonwealth Privacy Act 1988 and the Education and Care services National Regulation 2011.