National Quality Standards
This policy relates to Quality Area 7
Quality Area 7: Leadership and Service Management
Standards and elements
Standard 7.3 Respectful and equitable relationships are developed and maintained with each child.
Element 7.3.1 Records and information are stored appropriately to ensure confidentiality, are available from
the service and are maintained in accordance with legislative requirements.
Related sections of the National Law and National Regulations
National Law (section) and National Regulations (regulation)
Regulation 168 Education and care services must have policies and procedures
Regulations 173-176
Information and record-keeping requirements
Privacy Act 1988
Regulations 177-180
Prescribed records
Children’s Needs
It is important that information relating to children’s health, learning, behaviour and other sensitive
issues are kept confidential.
Families’ Needs
Families need to feel comfortable to discuss confidential matters that may impact on their child’s
care. They need to know that private information given to the service regarding their income levels
family arrangements etc. are kept confidential and secure. Families also need to know that they are
able to access their own personal records and have any errors corrected.
Educator/Staff Needs
Educator’s need to know that their personal records, details, appraisals and any other information
pertaining to them are treated as confidential. They also need to be able to raise personal issues that
impact on the workplace.
Management Needs
Management requires the ability to make decisions about confidential issues and obtain relevant
and current personal details from clients and employees.
Strategies for Policy Implementation
Information about families
To maintain confidentiality and privacy for families the following strategies will be implemented
To maintain confidentiality and privacy to employees, potential employees, students and
volunteers the following strategies will be implemented:
The following strategies will be implemented to maintain confidentiality and privacy in
the social media domain:
This policy relates to Quality Area 7
Quality Area 7: Leadership and Service Management
Standards and elements
Standard 7.3 Respectful and equitable relationships are developed and maintained with each child.
Element 7.3.1 Records and information are stored appropriately to ensure confidentiality, are available from
the service and are maintained in accordance with legislative requirements.
Related sections of the National Law and National Regulations
National Law (section) and National Regulations (regulation)
Regulation 168 Education and care services must have policies and procedures
Regulations 173-176
Information and record-keeping requirements
Privacy Act 1988
Regulations 177-180
Prescribed records
Children’s Needs
It is important that information relating to children’s health, learning, behaviour and other sensitive
issues are kept confidential.
Families’ Needs
Families need to feel comfortable to discuss confidential matters that may impact on their child’s
care. They need to know that private information given to the service regarding their income levels
family arrangements etc. are kept confidential and secure. Families also need to know that they are
able to access their own personal records and have any errors corrected.
Educator/Staff Needs
Educator’s need to know that their personal records, details, appraisals and any other information
pertaining to them are treated as confidential. They also need to be able to raise personal issues that
impact on the workplace.
Management Needs
Management requires the ability to make decisions about confidential issues and obtain relevant
and current personal details from clients and employees.
Strategies for Policy Implementation
Information about families
To maintain confidentiality and privacy for families the following strategies will be implemented
- Personal information will only be collected in so far as it is required for the service to function effectively, and in line with relevant legislation.
- Collection of personal information will be lawful, fair, reasonable and unobtrusive.
- Families providing personal information are advised in our Privacy Statement of, amongst other things, why the information is collected, the organisations to which the information may be disclosed, and that they are able to gain access to their information.
- Families will be notified of how long particular records will be retained under the Education and Care Services National Regulations.
- The use or disclosure of personal information will only be for the purpose it was originally collected, unless the individual consents or unless it is needed to prevent a health threat, or is required or authorised under law.
- Child Care and Early Learning Centre will take steps to ensure the personal information collected, used or disclosed, is accurate, complete and up to date. Families will be required to update their enrolment details annually, or whenever they experience a change in circumstances. Computer records will be updated as soon as new information is provided.
- Personal information will be kept in a secure and confidential way and destroyed by shredding or incineration, when no longer needed.
- Individuals will be provided with access to their personal information and may request that their information be up-dated or changed where it is not current or correct.
- Individuals wishing to access their personal information must make written application to the approved provider or nominated supervisor, who will arrange an appropriate time for this to occur. The approved provider will protect the security of the information by checking the identity of the applicant, and ensure someone is with them while they access the information to ensure the information is not changed or removed without the approved provider or nominated supervisor’s knowledge
- The approved provider or nominated supervisor will deal with privacy complaints promptly and in a consistent manner, following the services Grievance Procedures. Where the aggrieved person is dissatisfied after going through the grievance process, they may appeal in writing to the Privacy Commissioner within the Office of the Australian Information Commission (www.oaic.gov.au), (Refer to our procedure for dealing with complaints).
- Visual images of enrolled children will not be taken, recorded, removed from the service, or used for any purpose without the written consent of the parent/guardian, except where visual images are used within the service for monitoring of an enrolled child, or visual images are taken by an authorised officer acting in the course of his/her duties, in which case only the parent /guardian and authorised staff with have access to the images. Parental/guardian consent will be given or denied on the child’s enrolment form.
- Confidential conversations that staff members have with family members or other staff members will be conducted in a quiet area away from other children, family members and staff. Such conversations are to be minuted and stored in a confidential folde
To maintain confidentiality and privacy to employees, potential employees, students and
volunteers the following strategies will be implemented:
- Personal forms and employee information will be stored securely.
- Applicants, students or volunteers will be informed that their personal information is being kept, for what reason, for how long, and how it will be destroyed at the end of the time period.
- Applicants will be asked for their consent before their references are checked. Unsuccessful applicants will be advised of when and how their personal information will be destroyed.
- Information about educators/staff members will only be accessed by the approved provider/nominated supervisor and individual staff member concerned.
- Every employee/educator and the approved provider/nominated supervisor is provided with clear written guidelines detailing:
- Every employee/educator and the nominated supervisor is required to sign a Confidentiality Statement. (Employment Record – Part Three – Confidentiality Agreement)
- No member of staff/educator may give information or evidence on matters relating to children and/or their families, either directly or indirectly, to anyone other than the responsible parent/guardian, unless prior written approval by the responsible parent/guardian is obtained. Exceptions may apply regarding information about children when subpoenaed to appear before a court of law. Notwithstanding these requirements, confidential information may be exchanged in the normal course of work with other staff members at the service and may be given to the approved provider/nominated supervisor when this is reasonably needed for the proper operation of the service and the well-being of educators/staff.
- Educators/staff are made aware of the need for sensitivity and confidentiality in handling information regarding child protection issues.
- Reports, notes and observations about children must be accurate and free from biased comments and negative labelling of children.
- Staff will protect the privacy and confidentiality of other staff members by not relating personal information about another staff member or the nominated supervisor/approved provider to anyone either within or outside the service.
- Confidential information about staff members will only be accessed by the nominated supervisor, approved provider or individual staff member concerned.
- Students, people on work experience and volunteers will not make staff, children or families at the service, an object for discussion outside of the service (e.g. college, school, home etc.), nor will they at any time use family names in the recorded or tutorial information.
- Students/people on work experience/volunteers will only use information gained from the service upon receiving written approval from the service to use and/or divulge such information, and will not divulge the names of persons.
The following strategies will be implemented to maintain confidentiality and privacy in
the social media domain:
- It is not permitted to use photos of children, or any other information that may identify children or families on social media sites such as Facebook, unless families have provided specific permission for this to occur. This policy strategy applies to educators, other staff, management, students, people on work experience, volunteers or any other person that may have access to children at the service.
- Employees/educators or management are not permitted to discuss the service or its staff on social media sites. Failure to adhere to this policy would be seen as unprofessional behaviour and may result in disciplinary action.