- clearly communicate how SMA manages personal information;
- provide members, course attendees and other individuals with an understanding of the sort of personal information that SMA holds; and,
- enhance the transparency of SMA operations.
The Privacy Act 1988 (“Privacy Act”) is an Australian law that regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 introduced many significant changes to the Privacy Act, including 13 Australian Privacy Principles (APPs) that apply to the handling of personal information. As a Recognised Training Organisation (RTO) reporting to the Australian Skills Quality Authority (ASQA) SMA is obliged to comply with the APPs for all personal information it collects from students undertaking training and courses with SMA.
Personal Information – Definition
Personal information is defined under the Privacy Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
a) whether the information or opinion is true or not, and
b) whether the information or opinion is recorded in a material form or not.
Some examples of personal information which SMA collects may include names, addresses, phone numbers, email addresses, date of birth, and other information that may identify an individual.
Sensitive Information – Definition
Under the Privacy Act, sensitive information which SMA may come in contact with is defined as information or an opinion about an individual: some examples of this include: racial or ethnic origin; religious beliefs or affiliations; or, sexual orientation or practices.
Collection of Information
Generally, personal information is collected from members, course and event attendees at the time of enrolment into a course, program or event or application or renewal of membership. This is collected in order for SMA to properly and efficiently carry out its functions. SMA only collects personal information for purposes that are directly related to our functions or activities under the National Vocational Education and Training Regulator Act 2011 (NVR Act), or the Freedom of Information Act 1982 (FOI Act), and only when it is reasonably necessary for or directly related to SMA functions.
Information from Individuals
SMA uses personal information only for the purposes for which it was provided.
Generally, the purposes for which SMA collects personal information are when an individual:
- submits an application relating to registration of membership with SMA;
- submits a registration for a course, seminar or conference which SMA is running;
- requests a refund, as outlined in the SMA refund policy;
- submits a Freedom of Information (FOI) request via email to view their student records; or
- submits a complaint about SMA services or an employee, as outlined in the SMA complaint policy.
An individual may, in some circumstances, such as lodging a complaint, prefer to remain anonymous, or to use an alias, when interacting with SMA. Whilst this is acceptable to SMA, individuals should be aware that if they choose to do this, it may make investigating complaints or providing specific information impracticable, and it may lessen SMA’s ability to provide its usual level of service.
SMA generally collects personal information directly from the individual or their authorised representative.
Collection of Personal Information for enrollment into Nationally Recognised Training
Under the Data Provision Requirements 2012, Sports Medicine Australia is required to collect personal information about you and to disclose that personal information to the National Centre for Vocational Education Research Ltd (NCVER).
Your personal information (including the personal information contained on this enrolment form), may be used or disclosed by Sports Medicine Australia for statistical, administrative, regulatory and research purposes. Sports Medicine Australia may disclose your personal information for these purposes to:
- Commonwealth and State or Territory government departments and authorised agencies; and NCVER.
Personal information that has been disclosed to NCVER may be used or disclosed by NCVER for the following purposes:
- populating authenticated VET transcripts;
- facilitating statistics and research relating to education, including surveys and data linkage;
- pre-populating RTO student enrolment forms;
- understanding how the VET market operates, for policy, workforce planning and consumer information; and
- administering VET, including program administration, regulation, monitoring and evaluation.
You may receive a student survey which may be administered by a government department or NCVER employee, agent or third-party contractor or other authorised agencies. Please note you may opt out of the survey at the time of being contacted.
NCVER will collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth), the National VET Data Policy and all NCVER policies and protocols (including those published on NCVER’s website at ncver.edu.au).
Information collected from a third party or industry partner
Sometimes personal information is collected from a third party, or a publicly available source, but only if the individual has consented to such collection, or would reasonably expect us to collect their personal information in this way.
A third party or industry partner may include any school, university, sporting club or group which is registering individuals into a training course or a membership on their behalf. If SMA collects personal information from a third party, SMA will take reasonable steps to inform affected individuals that their personal information has been collected from a third party as soon as practicable after the collection has taken place.
When collecting personal information directly from an individual, SMA will take reasonable steps to ensure that the individual is aware of SMA policies which they have in place to protect individuals right and how to lodge a complaint.
If SMA collects personal information from someone other than the individual, or the individual may not be aware that the organisation has provided their personal information to SMA, reasonable steps will be taken to notify the individual, or otherwise ensure that the individual is aware. SMA will use the following methods to provide this notification:
- Email to the individual about the service which SMA has collected the information for; or
- Phone call to follow up with the individual about the service for which the information was collected for.
Use and Disclosure
SMA will only use and disclose personal information for the primary purposes for which it was collected unless:
- the individual has consented to the information being used for a secondary use or disclosure;
- the individual would reasonably expect SMA to use or disclose the information for the secondary purpose and that purpose is related to the primary purpose; or
- the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
- SMA reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
SMA will only use sensitive information for a secondary purpose if it is directly related to the primary purpose. Some personal information provided to SMA through course registration and feedback forms will be published on the national training register, training.gov.au, in accordance with section 216 of the NVR Act. The information may also be shared with state and territory government and other Australian Government authorities and ministers, occupational licensing bodies, overseas authorities, and others in accordance with the information sharing provisions contained in the NVR Act or the provisions of the Privacy Act.
Trans Border Data Flows
SMA will take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary. SMA will also take reasonable steps to ensure the accuracy and completeness of the information prior to any disclosure of the information.
SMA takes steps to protect the personal information we hold against interference, loss, unauthorised access, use, modification or disclosure, and against other misuse. When no longer required, personal information is destroyed in a secure manner. SMA will take reasonable steps to destroy or permanently de-identify that Personal Information.
Where SMA holds Personal Information about an individual, it will provide the individual with access to that information on request by the individual in accordance with the relevant Privacy Principle. Whilst SMA may adopt its own identifier of an individual, it will do so only in accordance with the relevant Privacy Principle.
Personal information relating to a Nationally Recognised Training course will be held in paper format for 1 year and electronical format for 30 years. This includes all completed student assessment items for each student from the date on which the judgement of competence for the student was made.
Individuals requesting access to their personal information held by SMA will be required to provide information to SMA to verify their identity. Any individual should expect that SMA is likely to require full and complete disclosure of name, address, contact telephone numbers, postal address and email address and may ask for other information which it has available to verify the individual claim to receive access to any information.
SMA will provide a response to any request for access or correction to personal information once identification of the person requesting the information is verified. This will generally be within 20 working days of the application for information. If refusing the request, SMA will provide a written statement of reasons for the refusal and remind the individual of the available complaint mechanisms, which are outlined in SMA Complaints policy and can be found on the SMA website.
For clarity purposes, SMA will take reasonable steps to associate a statement with the personal information that it refuses to correct.
Individuals will not be charged for requests for access or correction to their personal information. Members of the public should direct their requests to the relevant State Manager in which you reside.
If a member of the public wishes to lodge a complaint with SMA about how privacy and/or personal information, or if they feel SMA has breached the APPs, they can contact the SMA Chief Executive Officer via email [email protected].