Child
Protection Legislation & Criminal Records Check
From
January 2001 the University must be in compliance with the Child
Protection (Prohibited Employment) Act 1998 and Commission
for Children and Young People Act 1998 http://www.kids.nsw.gov.au/.
This means that all researchers (staff
and students) working directly with children
must provide a declaration
indicating that they are not a "prohibited person" under the above
Acts. For further information contact Gail Briody on (02) 9351
4811.
For researchers who are making submissions to the Department of
Education and Training, a copy of the DET Form B must be submitted
with your ethics application.
Declaration
form (Download)
Please lodge the
Prohibited Employment Declaration Form with SydneyPeople at the University of Sydney. Please refer to the website http://www.usyd.edu.au/sydneypeople/forms/index.shtml to download the Prohibtied Employment Declaration and Working with Children Background Check Consent.
Privacy
Legislation (Privacy Act 1988 [Commonwealth]) - Information Privacy Principles
Principle 1 - Manner and purpose of collection of personal information
1. Personal information shall not be collected by a collector for inclusion
in a record or in a generally available publication unless:
(a) the information is collected for a purpose that is a lawful purpose directly
related to a function or activity of the collector; and
(b) the collection of the information is necessary for or directly related
to that purpose.
2. Personal information shall not be collected by a collector by unlawful
or unfair means.
Principle 2 - Solicitation of personal information from individual concerned
Where:
(a) a collector collects personal information for inclusion in a record or
in a generally available publication; and
(b) the information is solicited by the collector from the individual concerned;
the collector shall take such steps (if any) as are, in the circumstances,
reasonable to ensure that, before the information is collected or, if that
is not practicable, as soon as practicable after the information is collected,
the individual concerned is generally aware of:
(c) the purpose for which the information is being collected;
(d) if the collection of the information is authorised or required by or under
law - the fact that the collection of the information is so authorised or required;
and
(e) any person to whom, or any body or agency to which, it is the collector's
usual practice to disclose personal information of the kind so collected, and
(if known by the collector) any person to whom, or any body or agency to which,
it is the usual practice of that first mentioned person, body or agency to
pass on that information.
Principle 3 - Solicitation of personal information generally
Where:
(a) a collector collects personal information for inclusion in a record or
in a generally available publication; and
(b) the information is solicited by the collector:
the collector shall take such steps (if any) as are, in the circumstances,
reasonable to ensure that, having regard to the purpose for which the information
is collected:
(c) the information collected is relevant to that purpose and is up to date
and complete; and
(d) the collection of the information does not intrude to an unreasonable
extent upon the personal affairs of the individual concerned.
Principle 4 - Storage and security of personal information
A record-keeper who has possession or control of a record that contains personal
information shall ensure:
(a) that the record is protected, by such security safeguards as it is reasonable
in the circumstances to take, against loss, against unauthorised access, use,
modification or disclosure, and against other misuse; and
(b) that if it is necessary for the record to be given to a person in connection
with the provision of a service to the record-keeper, everything reasonably
within the power of the record-keeper is done to prevent unauthorised use or
disclosure of information contained in the record.
Principle 5 - Information relating to records kept by record-keeper
1. A record-keeper who has possession or control of records that contain personal
information shall, subject to clause 2 of this Principle, take such steps
as are, in the circumstances, reasonable to enable any person to ascertain:
(a) whether the record-keeper has possession or control of any records that
contain personal information; and
(b) if the record-keeper has possession or control of a record that contains
such information:
(i) the nature of that information;
(ii) the main purposes for which that information is used; and
(iii) the steps that the person should take if the person wishes to obtain
access to the record.
2. A record-keeper is not required under clause 1 of this Principle to give
a person information if the record-keeper is required or authorised to refuse
to give that information to the person under the applicable provisions of any
law of the Commonwealth that provides for access by persons to documents.
3. A record-keeper shall maintain a record setting out:
(a) the nature of the records of personal information kept by or on behalf
of the record-keeper;
(b) the purpose for which each type of record is kept;
(c) the classes of individuals about whom records are kept;
(d) the period for which each type of record is kept;
(e) the persons who are entitled to have access to personal information contained
in the records and the conditions under which they are entitled to have that
access; and
(f) the steps that should be taken by persons wishing to obtain access to
that information.
4. A record-keeper shall:
(a) make the record maintained under clause 3 of this Principle available
for inspection by members of the public; and
(b) give the Commissioner, in the month of June in each year, a copy of the
record so maintained.
Principle 6 - Access to records containing personal information
Where a record-keeper has possession or control of a record that contains personal
information, the individual concerned shall be entitled to have access to
that record, except to the extent that the record-keeper is required or authorised
to refuse to provide the individual with access to that record under the
applicable provisions of any law of the Commonwealth that provides for access
by persons to documents.
Principle 7 - Alteration of records containing personal information
1. A record-keeper who has possession or control of a record that contains
personal information shall take such steps (if any), by way of making appropriate
corrections, deletions and additions as are, in the circumstances, reasonable
to ensure that the record:
(a) is accurate; and
(b) is, having regard to the purpose for which the information was collected
or is to be used and to any purpose that is directly related to that purpose,
relevant, up to date, complete and not misleading.
2. The obligation imposed on a record-keeper by clause 1 is subject to any
applicable limitation in a law of the Commonwealth that provides a right to
require the correction or amendment of documents.
3. Where:
(a) the record-keeper of a record containing personal information is not willing
to amend that record, by making a correction, deletion or addition, in accordance
with a request by the individual concerned; and
(b) no decision or recommendation to the effect that the record should be
amended wholly or partly in accordance with that request has been made under
the applicable provisions of a law of the Commonwealth;
the record-keeper shall, if so requested by the individual concerned, take
such steps (if any) as are reasonable in the circumstances to attach to the
record any statement provided by that individual of the correction, deletion
or addition sought.
Principle 8 - Record-keeper to check accuracy etc of personal information
before use
A record-keeper who has possession or control of a record that contains personal
information shall not use that information without taking such steps (if any)
as are, in the circumstances, reasonable to ensure that, having regard to the
purpose for which the information is proposed to be used, the information is
accurate, up to date and complete.
Principle 9 - Personal information to be used only for relevant purposes
A record-keeper who has possession or control of a record that contains personal
information shall not use the information except for a purpose to which the
information is relevant.
Principle 10 - Limits on use of personal information
1. A record-keeper who has possession or control of a record that contains
personal information that was obtained for a particular purpose shall not
use the information for any other purpose unless:
(a) the individual concerned has consented to use of the information for that
other purpose;
(b) the record-keeper believes on reasonable grounds that use of the information
for that other purpose is necessary to prevent or lessen a serious and imminent
threat to the life or health of the individual concerned or another person;
(c) use of the information for that other purpose is required or authorised
by or under law;
(d) use of the information for that other purpose is reasonably necessary
for enforcement of the criminal law or of a law imposing a pecuniary penalty,
or for the protection of the public revenue; or
(e) the purpose for which the information is used is directly related to the
purpose for which the information was obtained.
2. Where personal information is used for enforcement of the criminal law
or of a law imposing a pecuniary penalty, or for the protection of the public
revenue, the record-keeper shall include in the record containing that information
a note of that use.
Principle 11 - Limits on disclosure of personal information
1. A record-keeper who has possession or control of a record that contains
personal information shall not disclose the information to a person, body
or agency (other than the individual concerned) unless:
(a) the individual concerned is reasonably likely to have been aware, or made
aware under Principle 2, that information of that kind is usually passed to
that person, body or agency;
(b) the individual concerned has consented to the disclosure;
(c) the record-keeper believes on reasonable grounds that the disclosure is
necessary to prevent or lessen a serious and imminent threat to the life or
health of the individual concerned or of another person;
(d) the disclosure is required or authorised by or under law; or
(e) the disclosure is reasonably necessary for the enforcement of the criminal
law or of a law imposing a pecuniary penalty, or for the protection of the
public revenue.
2. Where personal information is disclosed for the purposes of enforcement
of the criminal law or of a law imposing a pecuniary penalty, or for the purpose
of the protection of the public revenue, the record-keeper shall include in
the record containing that information a note of the disclosure.
3. A person, body or agency to whom personal information is disclosed under
clause 1 of this Principle shall not use or disclose the information for a
purpose other than the purpose for which the information was given to the person,
body or agency.
|