1. About this Policy
1.1. We manage personal information in accordance with the Australian Privacy Principles (AAP) as established under the Privacy Act 1988 (Cth) (Privacy Act). The List is committed to protecting the privacy of all individuals and does not collect personal and sensitive information unless its necessary for the performance of our tasks and functions.
2. What is ‘personal information’?
2.1. Personal information means information or an opinion about you. It includes information regarding your:
- (1.a) contact details;
- (1.b) work experience;
- (1.c) qualifications;
- (1.d) aptitude test results;
- (1.e) references;
- (1.f) incidents at the workplace; and
- (1.g) other information obtained or received by us in connection with your possible and actual work placements.
3. What is ‘sensitive information’?
3.1. Sensitive information is a special category of personal information. It is information or an opinion about your:
- (1.a) racial or ethnic origin;
- (1.b) political opinion;
- (1.c) membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- (1.d) membership of a professional or trade association or membership of a trade union;
- (1.e) sexual preferences or practices;
- (1.f) criminal record; and
- (1.g) health or disability (at any time).
3.2. Where reasonably necessary, The List may collect sensitive information about you, but will only do so with your prior consent. Your consent is given when you knowingly supply sensitive information to us.
3.3. You acknowledge that the collection of sensitive information about you may be reasonably necessary to carry out The List’s functions and activities.
4. Collection of Information
The List collects personal and sensitive information in a number of ways, including through:
- (1.a) online and hard copy registration and application forms filled in by you to facilitate the provision of services by The List;
- (1.b) The List website;
- (1.c) third party online sites where you have chosen to submit your information to us for recruitment services;
- (1.d) fax and other electronic means;
- (1.e) information from third parties, including results of inquiries that we might make of your current or former employers, work colleagues, professional associations, registration bodies, insurance providers, and criminal or disciplinary bodies; and
- (1.f) results of any competency, medical test or background check.
4.2. If you do not provide us with the information we require, we may be limited in our ability to:
- (2.a) locate suitable work for you; and
- (2.b) to place you in work.
5.Use of Information
5.1.The List collects and holds personal and sensitive information about you for the purposes of facilitating the provision of services by The List;
- (1.a) matching you with suitable employments or assignments;
- (1.b) assessment of your ongoing performance and prospects;
- (1.c) any test or assessment (including medical tests and assessments) that you might be required to undergo;
- (1.d) any workplace rehabilitation;
- (1.e) management and resolution of any complaint, inquiry or investigation in which you are involved;
- (1.f) any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- (1.g) undertaking criminal reference checks;
- (1.h) for research, development, business systems and infrastructure testing, and other business purposes to assist us in providing our services to you;
- conducting anonymous voluntary surveys in order to gain feedback on matters related to The List and improve the services
- provided by The List;
- The List’s administrative functions;
- supporting and managing password protected, member-only access to The List website and other
- The List online platforms;
- supporting and managing The List’s database of service users’ information;
- (1.i) career guidance and management;
- (1.j) identification of your training needs;
- (1.k) informing you of possible work opportunities, relevant candidates, or other events such as training or information sessions; and direct marketing.
5.2. Sensitive information can, in most cases, only be disclosed with your consent. The List may use sensitive information for the primary purpose of collection or a directly related secondary purpose of collection as outlined herein, but will only do so with your prior consent. Your consent is given when you knowingly supply sensitive information to us.
6.Disclosure of your Information
6.1. We may disclose your personal information (including to trusted third parties) for the purposes for which it is primarily held or for a related secondary purpose and in some cases we may only disclose information with your consent.
6.2. You consent to The List disclosing your personal and sensitive information to the authorised personnel of The List and to:
- (2.a) potential and actual employers, clients of The List and trusted third parties;
- (2.b) referees;
- (2.c) external providers of workplace training and induction;
- (2.d) The List’s insurers;
- (2.e) a professional association or registration body with a legitimate interest in the disclosure of your personal and sensitive information;
- (2.f) a workers compensation body; and
- (2.g) any other person with a lawful entitlement to obtain the information.
6.3. These third parties may contact you directly for a specific purpose, and provide us with information collected from you in the course of providing the relevant products or services.
6.4. We make it clear to the above individuals and organisations that they are required to use your personal and sensitive information in accordance with this policy.
7. Cross-Border Disclosure
7.1. We may, from time to time, use data hosting facilities or enter into contractual arrangements with third party service providers to assist us with the provision of recruitment services to you which may not be based in Australia (Overseas Entities). As a result, personal and sensitive information may be transferred to, and stored at, a destination outside Australia. Personal and sensitive information may also be processed by staff or other third parties operating outside Australia who work for The List or one of our agents or contractors.
7.2. You hereby consent to the disclosure of your personal and sensitive information to such Overseas Entities and you acknowledge that as a result of your consent to such disclosure, Principle 8.1 of the APPs does not apply.
8. Storage and Security of Information
8.1. The List stores personal and sensitive information in a combination of secure computer based storage facilities and paper based files and records. The List generally uses accepted technology and security so that it is satisfied that personal and sensitive information is transmitted safely to it through the internet or other electronic means.
8.2. The List will use its reasonable endeavours to protect your personal and sensitive information from misuse, unauthorised access, disclosure, modification or loss. The List’s officers, employees, agents and third parties are required by The List to observe the confidentiality of your personal and sensitive information.
8.3. The List may be required to maintain its records of your personal and sensitive information for a significant period of time. Where The List no longer requires personal information it has collected and stored and is not required by or under an Australian law, or an order of a court or tribunal, to retain the information, The List will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is no longer identifiable personal or sensitive information.
9. Information to be kept up-to-date
9.1. The List will take all reasonable precautions to ensure that the personal information it collects, uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information provided by you. In order to prevent inaccuracies in your personal information you should:
- (1.a) let The List know if there are any errors in your personal information; and
- (1.b) keep The List up to date with any changes to your information such as name, address and telephone number.
9.2. If The List has previously disclosed your information to another entity, The List will take reasonable steps to notify the other entity of the correction (unless it is impracticable or unlawful to do so) if you make such a request.
10.Access to Information
10.1. Subject to certain exceptions under the APPs, you have the right to access your personal and sensitive information stored on computer, on a database, in personnel files or in any other form by The List. The List may require the payment of a fee for administering your request. If you would like to request access to your information, please contact our office. You will need to be in a position to verify your identity.
10.2. The List must respond to a request by you to access your information within a reasonable period after the request is made. The List, in its discretion, may refuse to grant you access to your information to the extent that such denial is permitted by the APPs. If The List refuses your request to access your information, The List must in writing:
- (2.a) where reasonable, give reasons for the refusal;
- (2.b) notify you of the mechanisms to complain about the refusal; and
- (2.c) inform you of any other matter prescribed by privacy law regulations.
11.1. If you have any enquiries or complaints in relation to the information held by The List, or you would like us to cease using your information in the manner described herein, you should contact:
Post: PO Box 1021, Hampton North, Victoria, 3188
13. Governing Law
14. Employee Records
14.1. Some information may be collected by The List in relation to individuals whom it employs. Nothing in this Policy is intended to affect the operation of the exemptions contained in section 7B of the Privacy Act 1988 (Cth), and (to the extent that it is legally permissible) this Policy does not apply to Employee Records.