Policies and procedures
POLICY NO: A-46.5
DATE OF APPROVAL: 27 August 2004
AMENDMENTS:
Director: Student and Academic Services
- September 2004
Director: Student and Academic Services - 1 July 2006
Director: Student and Academic Services – 17 October 2006
Director: Student and Academic Services – 15 August 2007
Director: Student and Academic Services – 30 January 2008
REFERENCE AUTHORITY: Director: Student and Academic Services
CROSS-REFERENCES:
University Policies:
Commonwealth Legislation or Regulation:
Preamble
Definitions
Policy
Procedures
The University collects and holds personal information about all of its students, and has a range of legislative responsibilities in regard to maintaining the confidentiality of students' personal information. These include, but are not limited to, responsibilities under the Higher Education Support Act 2003, the Privacy Act 1988, and the Tax File Number Guidelines 1992 (issued by the Privacy Commissioner), and the Education Services for Overseas Students (ESOS) Act 2000.
The privacy of this information is a vital part of the University's relationship with its students, and the University recognises its responsibility to collect, manage, use and disclose personal data in adherence with legislative requirements, and in accordance with prevailing community expectations of best practice.
Personal information is thus confidential, and will not be used or disclosed except in accordance with this policy.
This policy does not extend to material that is by its nature public, such as the fact that an award is conferred.
Student means any current or former student of the University.
Personal Information, as defined in the Privacy Act 1988 and the Higher Education Support Act 2003, means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. For the University’s purposes, this includes assignments, examinations, results, student results collated in a list with identification by student number, practicum, field and clinical placement details.
Sensitive Information means:
a) personal information about an individual's racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, health status (either physical or emotional), disability, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record;
Record means:
(a) a document; or
(b) a database (however kept); or
(c) a photograph or other pictorial representation of a person;
but does not include:
(d) a generally available publication; or
(e) anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or
(h) letters or other articles in the course of transmission by post.
1.1. The interests of the individual concerned and the preservation of confidentiality and privacy are the paramount considerations in interpretation of this policy.
1.2. The University respects a student's right to know how his or her personal information will be used, stored and disposed.
1.3. The University supports responsible and transparent handling of personal information; however the confidentiality requirements under this policy will in certain instances be overridden by legal obligations of disclosure. Compliance with such obligations is mandatory.
1.4. Certain types of information may be subject to additional confidentiality standards, over and above those provided by this policy. These may be provided by other University policy documents (for example the University's Sexual Harassment Policy-C-12), or by legislative requirements.
2.1. The University collects and holds a range of personal information about all of its students. This includes:
2.2. Information collected is used for a variety of purposes, including:
a) Student admission;
b) Enrolment and academic progression;
c) Program and course administration;
d) Communications with students;
e) Statistical purposes, such as University planning;
f) Scholarship administration;
g) Provision of student services;
h) Conduct of student elections;
i) Financial management;
j) Mandatory reporting to external agencies, as detailed in procedural clause 4 below;
k) Discretionary reporting for a strictly limited number of external bodies, as detailed in procedural clause 5 below;
l) Promotion of the University - in the case of photographic records and other images. This will occur only with the explicit written permission of the individuals involved.
2.3. The University will collect personal information only where it is necessary for one of more of our functions or activities. Where personal information is collected, all reasonable steps will be taken to inform the individual of:
a) The purpose for which the information is collected;
b) Any person to whom, or body or agency to which the University usually discloses information of that kind;
c) Any law that requires or authorises particular information to be collected.
2.4. The University will take all reasonable steps to ensure that personal information collected is accurate, relevant, up-to-date, complete, and not misleading. To this end, the University will take reasonable steps to allow individuals to correct inaccurate information as appropriate.
3.1. The University will take all reasonable steps to protect records of personal information from misuse, loss, unauthorised access, modification or disclosure.
3.2. Staff access to records of personal information will be on a "need to know" basis: only staff members who need the information in order to carry out their duties and responsibilities, in the personal and/or academic interests of students, will be permitted to have access to student files.
3.3. Staff who are granted access to records of personal information will be made aware of the strict conditions set out under the Higher Education Support Act 2003 for access to records of personal information that have been collected for the purposes of administering Commonwealth contributions and loans programs. Staff will be made aware that
a) disclosing such personal information, outside of the requirements of official duties;
b) copying a record of such personal information outside of the requirements of official duties; and
c) causing unauthorised access to such personal information held in a computer system
are all offences under the Higher Education Support Act 2003, to which severe penalties (including terms of imprisonment) apply.
3.4. Where information is no longer needed for any legitimate purpose it will be destroyed using a confidential disposal method.
4.1. Personal information will be used only for a purpose to which it is relevant. Where information has been obtained for a particular purpose, it will not be used for any other purpose, unless:
a) The individual concerned has consented to its use;
b) Use of the information is required by law;
c) The University believes it is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
4.2. The University will not disclose personal information about students to people, bodies or agencies outside the University (including parents, spouses or other relatives of the student), or to staff who have no need of the information, unless:
a) The student has given written permission for the University to disclose the information;
b) The University has taken reasonable steps to inform the student that information of that kind is usually passed on to those people bodies or agencies, (for example those detailed in procedural clause 5);
c) The University is required by law or by Commonwealth or State Funding bodies to disclose the information, as detailed in procedural clause 4;
d) The University believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
5.1. The University will not collect sensitive information, unless such collection is required by the law, or occurs with the consent of the individual student.
6.1. The University will take reasonable steps to allow individual students to view the personal information the University holds about them.
6.2. In particular, where the University collects and holds personal information for the purposes of administering Commonwealth contributions and loans programs, students have a legislative right to be allowed to view the individual personal information that the University collects for those purposes and holds about them, except where the University is required or authorised by Commonwealth legislation to refuse to provide the individual with access.
1.1. Any student may view and correct personal statistics, enrolment details, and details of deferred payment options via the University's on-line enrolment system.
1.2. Students who wish to view any other records of personal information kept on them by the University may apply to do so through Campus Central, Transnational Student Services, or, in the case of research candidates, at the Graduate Studies Office.
1.3. Students who wish to correct a record of personal information kept by the University, which they believe to be incorrect, may do so either via the University's on-line enrolment system, through Campus Central or Transnational Student Services, or, in the case of research candidates, at the Graduate Studies Office.
1.4. In circumstances where the University is unwilling to amend a record of personal information at the request of a student (for example, if the University believes a record is correct, and the correction sought by the student is unwarranted or not made in good faith), the student may ask that the University keep a record of the denied request for correction. Where a student provides details in writing of the denied correction request that was made, this will be kept on the student's hard copy file.
2.1. The University is obliged, under the Privacy Act 1988, in conjunction with the Higher Education Support Act 2003, to maintain a public record, detailing:
a) The nature of the records of students' personal information that are kept by the University for the purposes of administering Commonwealth contributions and loans programs;
b) The period for which each such type of record is kept;
c) The persons who are entitled to have access to personal information contained in such records and the conditions under which they are entitled to that access; and
d) The steps that should be taken by persons wishing to obtain access to that information.
2.2. The University is required to give the Federal Privacy Commissioner an updated copy of this record in June of each year;
2.3. The Director: Student and Academic Services will have responsibility, under this policy, for the production of this record each year.
3.1. Complaints regarding any aspect of the University's collection, storage, use and disclosure of students' personal information may be made to the Student Ombud.
The University will regularly provide personal information on students to:
4.1. The Department of Education, Science and Technology (DEST), as required for various administrative purposes, including the DEST Higher Education Student Collection. This will include information on all students, regarding:
a) enrolments and student load (including information on characteristics of enrolled students);
b) academic programs being undertaken;
c) student liabilities under Commonwealth higher education loans and contribution schemes, and payment options declarations;
d) completions of courses and academic programs
4.2. Centrelink as required to enable verification of entitlement to payments made under the Social Security Act 1991, or the Student Assistance Act 1973, such as ABSTUDY, AUSTUDY, Youth Allowance, Newstart Allowance, or Pensioner Education Supplement. This will include information on all students regarding enrolment and work load.
4.3. The Australian Taxation Office (ATO) on the individual liabilities of all enrolled students who have elected to defer, and repay through the taxation system, liabilities accrued under a range of Commonwealth loans and contribution programs, including HECS, PELS, BOTPLS, and, from 2005 onward, HELP.
4.4. The Department of Immigration and Citizenship, providing information on various administrative matters relating to overseas student visa requirements.
The information provided to these agencies is maintained by these agencies confidentially, under the requirements of the Commonwealth Privacy Act, 1988.
5.1. AusAID, providing information on various administrative matters relating to overseas students supported by AusAID;
5.2. Recognised education institutions and tertiary admission centres, providing information on students who have applied for admission;
5.3. The police. The University may be under a duty to provide information on request for the enforcement of the criminal law;
5.4. The court. The University may be requested under subpoena or other order to provide information related to a civil legal action;
5.5. Professional bodies, only to the extent needed to meet their requirements for establishing the entitlement of students and graduates to practice in a profession;
5.6. The University of South Australia Students Association Incorporated (Students Association), providing such information as agreed between the Students Association and the University, or approved by the Director: Student and Academic Services, only in relation to students who have elected to become members of the Students Association.
5.7. Other agencies as required and approved by the Director, Student and Academic Services.
