In Australia, privacy law generally relates to the protection of an individual’s personal information. Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.
The Privacy Act includes thirteen (13) Australian Privacy Principles (APPs). The APPs set out standards, rights and obligations for the handling, holding, accessing and correction of personal information (including sensitive information).
This policy is based on the thirteen (13) APP’s that came into force on 12 March 2014 through the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and details how RTO Doctor complies with each of these APP’s.
The Directors of RTO Doctor should ensure that all staff of RTO Doctor undertake awareness training in this policy and its underpinning legislative requirements, and comply with this policy at all times. The Directors should also ensure that all clients of RTO Doctor have an awareness of this policy.
The Directors of RTO Doctor must:
RTO Doctor advises that it collects, holds and uses the following personal information:
Information required for registering or submitting applications to regulatory authorities on behalf of clients including:
For our Online Training Portal, we collect, use and hold information in relation to:
RTO Doctor collects, holds and uses the previously mentioned personal information and records for the purposes outlined above but specifically to support the work that it is engaged by the client to undertake (submit applications to regulatory authorities on their behalf), keep RTO Doctor clients and VIP clients up to date with changes to the industry and to facilitate the transmission of quotes, project requirements, contractual arrangements and payment processing.
RTO Doctor only collects information as and when required by requesting it to be submitted by the individual with their consent in writing (this consent may be in the form of an application for enrolment or employment). Information can be collected by RTO Doctor through:
RTO Doctor will not use or disclose personal or sensitive information for any purpose other than what it was collected for unless the relevant person has provided written consent to use or disclose the information in circumstances that are different to those for which it was collected. The circumstances where there may be an exception to this are:
Where RTO Doctor holds personal information and excluding any sensitive information about an individual, RTO Doctor will not use or disclose this information for the purpose of direct marketing unless the following circumstances apply:
Where RTO Doctor does have written consent for the collection, holding and use of their personal details (excluding sensitive information), RTO Doctor must provide a simple means by which the individual can easily request not to receive direct marketing communications from RTO Doctor. RTO Doctor provides this through an unsubscribe function on it’s newsletter and social media sites or by contacting RTO Doctor directly and requesting that direct marketing that the individual believes it has not consented to or no longer wishes to receive to cease.
This policy is also supported by and does not replace or supersede the following legislation:
Before RTO Doctor discloses personal information about an individual to a person who is an overseas recipient and who is not the individual or RTO Doctor, RTO Doctor must take such steps to ensure that the overseas recipient does not breach the Australian Privacy principles (other than Australian Privacy Principle 1) in relation to the information. This does not apply if the recipient of the information is:
RTO Doctor must not adopt a government related identifier of an individual as its own identifier of the individual unless:
At RTO Doctor such government identifiers would include (but are not limited to):
RTO Doctor must not use or disclose a government related identifier of an individual unless it is in the circumstances described under the exceptions to ‘Dealing with Personal Information’ previously.
RTO Doctor must take steps to ensure that the personal information that it collects is accurate, up to date and complete. RTO Doctor must take steps (as are reasonable in the circumstances) to ensure that the personal information that RTO Doctor uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant. In all cases at RTO Doctor, this includes all physical hard copy and electronic records.
RTO Doctor must take steps that are reasonable in the circumstances to protect the information from misuse, interference and loss as well as unauthorised access, modification or disclosure. RTO Doctor achieves this by:
If RTO Doctor holds personal information and an individual and:
RTO Doctor must take such steps as are reasonable in the circumstances to destroy the information or to ensure the information is de-identified. In relation to RTO Doctor, clients usually request (and expect) RTO Doctor to keep a secure copy of any documentation that it creates on behalf of the client in the event of their data failure. Consistent with the expectations of our clients, RTO Doctor does store all client information for this purpose however, should a client wish for us to not store their personal information in this way, they can advise us in writing and request that it be securely destroyed.
If RTO Doctor holds personal information about an individual, RTO Doctor must, upon request by the individual, give the individual access to the requested information.
If despite the above clause RTO Doctor is not required to give the individual access to the personal information to the extent that:
RTO Doctor must respond to the request within a reasonable period after the request is made and give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
If RTO Doctor refuses:
As an organisation RTO Doctor may charge for giving access to the personal information however the charge must not be excessive and must not apply to the making of the request. Where RTO Doctor charges a fee to give access to personal information held about the individual, this charge will be provided up front and will only cover the cost of providing the information where this is reasonable for photocopying and printing, as well as postage if required.
If RTO Doctor refuses to give access to the personal information because of any of the reasons outlined previously under ‘Exception to Access’, or where RTO Doctor refuses to give access in the manner requested by the individual, RTO Doctor must give the individual a written notice that sets out:
If RTO Doctor refuses to give access to the personal information because giving access would reveal evaluative information generated within RTO Doctor in connection with a commercially or legally sensitive decision-making process, the reasons for the refusal may include an explanation for the commercially or legally sensitive decision.
If RTO Doctor holds personal information about an individual, and is either satisfied that having regard to a purpose for which the information is held, the information is inaccurate, incomplete, irrelevant or misleading or the individual requests that RTO Doctor correct the information, RTO Doctor must take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
If RTO Doctor refuses to correct the personal information (including a request to associate a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading) as requested by the individual, RTO Doctor must give the individual a written notice that sets out:
Where RTO Doctor is required to provide a statement, RTO Doctor must take steps that are reasonable in the circumstances to associate a statement in such a way that will make the statement apparent to users of that information.
RTO Doctor must issue the statement within a reasonable period after the request is made and must not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information (as the case may be).
For further questions or clarity regarding this new legislation, please contact:
Office of the Australian Information Commissioner
Telephone: 1300 363 992
Raelene Bartlett is a legend in the education space. Her knowledge of the applicable law, The Standards and her experience in acting for many hundreds of providers is without parallel. Her dedication to her clients and her stubborn adherence to her vision of a broader, fairer and more open education space for providers sets her apart from other players in the space.
There is no ‘near enough is good enough’. Perfection is the only option. Her loyal following from her clients and has earned the fearful respect of the regulator."
“As an experienced lawyer working extensively with RTOs in their dealings with ASQA and in applications to the AAT, I have worked with Raelene helping many RTOs over many years. With Raelene, you know she’s in your corner, but at the same time she brings much-needed objectivity and a clear-sighted approach in advising RTOs. Her comprehensive knowledge of the VET sector, including the legislation and Standards which regulate it and the policy and approach adopted by ASQA in overseeing it, are invaluable to RTOs but also to me in formulating and implementing the right legal strategy for each client. Raelene is an excellent ally in ensuring success.”
“We approached Raelene when we got the cancellation notice from ASQA as we wanted someone who could combine the legal mind with compliance knowledge and help us with not only rectification but develop an overarching strategy to fight what was very obviously a wrong and out of proportion decision by ASQA. She also stuck with us as a client till the very end ,ensuring a positive outcome unlike some in the industry who tend to bail out when things get to the hairy end. Raelene remains one of very few people I have known with a zero error approach and capacity to do so.
We remain grateful to her for what she brought on the table for us and gave us not only hope but led the strategy and execution, freeing us to focus on ensuring that the wolves did not circle the RTO when under stress."
“Raelene changed the paradigm of how we deal with regulators. She forces them to play by the rules rather than letting them throw their weight around unchallenged. As a result, even after multiple attempts to sanction or cancel us they have never been successful. Also, Raelene has worked with our RTO to become as compliant and bullet-proof as possible.
Now regulatory interaction is an occasional annoyance, not an existential threat.”
“I’ve worked with Raelene over several years and seen first-hand her invaluable assistance in reforming RTOs to prepare for proceedings in the Administrative Appeals Tribunal, and helping me to prepare for hearings. Her knowledge, diligence and attention to detail are first-rate, and I would happily recommend her to any RTO.”
With our RTO facing a cancellation decision by ASQA at Tribunal and having already engaged and worked with 4 different compliance consultants, it was with great fortune we were referred to Raelene Bartlett Founding Director of RTO Doctor to assist us with our fight with ASQA.
Raelene has been instrumental in winning our case after 2 years with ASQA and we have no hesitation in recommending her and RTO Doctor .
I have worked with a number of consultants over the years but RTO Doctor has been by far the best. In my view the knowledge that she brings to the audit process is first class.
I just wanted to take this opportunity to thank you so much for all of your loving support & guidance over the last week. Closing an RTO is one of the most stressful experiences I have been through in my ten years as a successful small business owner.
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