Early Learning Victoria is committed to protecting the personal and health information that we collect, hold, manage, use, disclose and transfer. We recognise the right to privacy in accordance with the law and that privacy enhances the safety and development of children and young people. In addition to our legislative obligations, we strive for best practice and to embed privacy principles into the way we work.
The management of personal and health information in our centres is governed by privacy law.
1. Scope
This policy applies to children, families, staff, management and visitors of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour hire employees of Early Learning Victoria.
This policy is part of the Victorian Department of Education’s (the department) privacy framework which includes the department’s privacy policy, and the privacy policy (National Law), which sets out obligations under national applied law schemes.
2. Policy statement
This policy explains how Early Learning Victoria, through our centres, central management team and departmental teams, collect and manage personal and health information, consistent with privacy law and other associated legislation.
2.1 Background and information
Information we collect
Early Learning Victoria collects the following types of personal and health information:
- Information provided by children, their families and relevant external parties such as treating medical practitioners and care workers. This information includes contact and enrolment details, health and wellbeing information, parenting and access arrangements.
- Information provided by staff members, volunteers, visitors, contractors and job applicants. This information includes contact information and employment information.
- Information about the conduct, interactions and activities of children, staff, visitors, volunteers and families when they are on centre grounds for example captured through CCTV or using Early Learning Victoria systems such as changes made in Kidsoft.
How we collect this information
Early Learning Victoria will endeavour to always collect information about you and/or your child directly from you. If we seek to collect your information through an alternative means, we will tell you by providing notice as soon as practicable - for example, when conducting reference checks for job applicants, or in the processing of childcare subsidy payments.
Where possible when we collect information, we will provide you with a privacy notice to explain why we need the information, and how we will use it, and to obtain your consent if required by law.
We may collect information about you:
- in person and over the phone: such as during drop offs, during care, and interviews
- from emails, invoices, letters, job applications and forms (such as enrolment, excursion, medical, specialist or consent forms)
- through online tools: such as apps, websites and other software used by Early Learning Victoria centres
- through CCTV cameras located at Early Learning Victoria centres
- through photographs, film and other recordings
- through polls, surveys and questionnaires, and
- in specific cases, through authorised information sharing arrangements with other services (such as the Child Information Sharing Scheme).
Why we collect this information
Early Learning Victoria’s primary purpose is to provide early childhood care and education services across the state of Victoria through our centres. We do this operating as an approved service under the National Quality Framework and the Education and Care Services National Law Act 2010, as well as other relevant legislation. To achieve this, we need to collect the types of personal and health information described in this policy about the children who attend our centres, their families, and people who work at or support our centres.
We collect information about children and their families when necessary to:
- deliver high quality early childhood education and care
- support children’s health and social/emotional wellbeing
- undertake quality assurance and continuous improvement of our services
- fulfil legal requirements, including to:
- reduce the risk of reasonably foreseeable harm to children, staff and visitors (duty of care)
- maintain key records about children and their care (approved provider requirements)
- make reasonable adjustments for children with disabilities (anti-discrimination law)
- ensure the health and safety of people in workplaces (occupational health and safety law)
- enable Early Learning Victoria centres to:
- communicate with families about their children
- maintain the good order and management of centres
- engage with the Regulatory Authority on all necessary matters
- enable Early Learning Victoria central office and the department to:
- ensure the effective management, resourcing and administration of Early Learning Victoria centres
- fulfil statutory functions and duties
- comply with all relevant legal obligations including the National Law and National Regulations
- plan, fund, monitor, regulate and evaluate the department’s policies, services and functions
- comply with reporting requirements
- investigate incidents in Early Learning Victoria centres and/or respond to any legal claims.
Early Learning Victoria centres, central office staff and the department collect information about staff, contractors, visitors, volunteers and job applicants:
- to assess applicants’ suitability for employment or volunteering
- to administer employment or volunteer placement
- for insurance purposes, including public liability and WorkCover
- to fulfil legal obligations, including employment and contractual obligations, anti-discrimination obligations, occupational health and safety law and to investigate incidents
- to apply for and maintain kindergarten funding
- to respond to legal claims against Early Learning Victoria centres or the department.
When your information is used and disclosed
We will use or disclose your information:
- for the purposes described in this policy
- only when required or permitted under privacy law and other applicable legislation
- when Early Learning Victoria or the department believes it is necessary to lessen or prevent a serious threat to:
- a person’s life, health, safety or welfare
- the public’s health, safety or welfare
- when required or authorised by law, including under legislation relating to anti-discrimination, occupational health and safety, child wellbeing and safety, family violence, early childhood education and care, or reporting obligations to agencies such as the Department of Health and the Department of Families, Fairness and Housing and in order to comply with tribunal or court orders, subpoenas, summonses or search warrants, and in circumstances to meet our duty of care
- when required under the Child and Family Violence Information Sharing Schemes, with other Victorian early learning care and education services and Victorian services to promote the wellbeing or safety of children, or to assess or manage family violence risk
- to investigate or report suspected unlawful activity, or when necessary for a specified law enforcement purpose, including the prevention or investigation of a criminal offence or seriously improper conduct, by or on behalf of a law enforcement agency
- as de-identified information, for research, reporting or statistical purposes, or to inform departmental policy and strategy
- to establish or respond to a legal claim.
Contracted service providers
The childcare information management system used by Early Learning Victoria to manage children and family information is Kidsoft. Kidsoft is a cloud-based childcare management software which has been assessed and designed to meet our privacy and data security obligations.
Early Learning Victoria also uses departmental systems to handle other types of information required to deliver early childhood education and care. Early Learning Victoria uses these departmental systems to handle personal information like employee data, communications, incident management, compliance reports and data storage and management. Where these systems are provided by a contracted service provider, the department takes reasonable steps to ensure that information is handled in accordance with privacy law.
Data security
Early Learning Victoria protects the personal and health information it holds from misuse and loss, unauthorised access, modification or disclosure by storing digital and hardcopy records securely, consistent with the Records management policy and information security standards.
We take reasonable steps to ensure that any transfer of personal information outside Victoria is in accordance with applicable privacy and health records legislation.
3. Actions and procedures
3.1 Information for families
Early Learning Victoria collects personal and health information from you about you and your child. We only collect what we need to safely care for and educate your child and comply with relevant laws. We store and handle your information in secure systems.
We may collect personal information about you or your child where notification is not required by law, for example, through the Child Information Sharing Scheme to promote the wellbeing or safety of children.
We will provide you with a privacy collection notice on enrolment and on an annual basis to communicate:
- the reason for collecting information about families and children
- how the information is used and disclosed
- how to access, update and correct the information (if needed).
Early Learning Victoria may also provide additional collection notices during the year, for example if we are adopting new technologies or processes.
Where service approval is transferred to another approved provider under early child education and care law, we will seek your consent to transfer records relating to your child.
If you would like to access your or your child’s personal information or would like to update any information you can contact your centre directly. Similarly, you can seek clarification from us about the collection and use of your and your child’s personal and health information by contacting your centre.
Privacy complaints
If you wish to make a complaint about our handling of your or your child's information, you can do so using the department's complaint form. To contact the department's Privacy team, you can email privacy@education.vic.gov.au(opens in a new window).
Providing accurate information
You must provide us with accurate and up to date information about you, your child and relevant circumstances. You may seek advice and support from your Early Learning Victoria centre if you have any questions about our information handling.
3.3. Responsibilities of staff
4. Resources
Legislation and standards
- Children's Services Act 1996
- Child Wellbeing and Safety Act 2005
- Education and Care Services National Law Act 2010
- Education and Care Services National Regulations 2011
- Family Violence Protection Act 2008
- Health Records Act 2001
- Public Records Act 1973
- Privacy Act 1988
- Privacy and Data Protection Act 2014
- Work Health and Safety Act 2011
Related policies
- Department of Education Privacy policy
- Electronic device and photography policy
- Records management policy
- ICT security incident response policy
- ICT security policy
Links
Definitions
Anti-discrimination law: Refers to applicable state and federal anti-discrimination legislation, including but not limited to the Equal Opportunity Act 2010, the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.
Approved provider requirements: Mean our obligations as an approved provider of an approved service under the National Quality Framework and Education and Care Services National Law Act 2010.
Duty of care: A legal concept that refers to the responsibility of all staff members in any Victorian early childhood service to take reasonable steps to protect children in their care from harm that is foreseeable.
Health information: Information or opinion about an identifiable person’s physical, mental or psychological health or disability. Health information is regulated in Victoria under the Health Records Act 2001 (Vic).
Occupational health and safety law: Refers to the Occupational Health and Safety Act 2004 (Vic) as well as any other applicable occupational health and safety legislation.
Personal information: Recorded information or opinion, whether true or not, about a person whose identity is apparent, or can reasonably be ascertained, from the information. The information or opinion can be recorded in any form.
Privacy law: Refers to applicable state and federal privacy legislation, including but not limited to the Privacy and Data Protection Act 2014 and the Health Records Act 2001.
Sensitive information: Includes information or opinion about an identifiable person’s racial or ethnic origin, political opinions, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, membership of a political association, professional or trade association, or trade union. Personal and sensitive information is regulated in Victoria under the Privacy and Data Protection Act 2014.
Staff: Refers to Early Learning Victoria centre staff, Early Learning Victoria central office staff and all employees of the Department of Education that support Early Learning Victoria in any way.
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