Privacy Policy
1. Rationale
AMES Australia provides a comprehensive range of settlement services to migrants, refugees and asylum seekers. These include on-arrival settlement support, English language and literacy training, vocational training and employment services.
AMES Australia adheres to the requirements of the Privacy and Data Protection Act 2014 (Vic), Privacy Act 1988 (Cth) and Australian Border Force Act 2015 (Cth) regarding the collection, use, storage, disclosure of and access to personal information.
2. Policy Statement
AMES Australia is committed to protecting the privacy of all people who interact with our services, events, facilities, clients, staff and volunteers.
- This policy must be observed by:
- All AMES Australia staff including staff who are engaged and employed as Immigration and Border Protection Workers within the meaning of the Australian Border Force Act 2015 (Cth)
- Volunteers
- Consultants
- Partners
- Contractors
- Clients
3. Implementation
Why AMES Australia collects personal information
AMES Australia collects personal information:
- Because it was provided to us, whether we asked for the information or not
- Because we need it to provide a product or service
- Because we would like to improve our services through the collection and analysis of statistical and research data
- Because people work for us, or apply to us for a job, to volunteer, or for work experience
- To comply with legal or contractual obligations
What personal information AMES Australia collects
AMES Australia only collects information needed for the services or activities delivered. Personal information collected may include name, address, telephone number, visa subclass, educational background, employment history, email address, communication/correspondence, bank details, health or medical information and other sensitive information.
AMES Australia only collects sensitive information if the individual consents to the sensitive information being collected, unless an exception applies.
Anonymity and Pseudonymity
An individual has the right to contact AMES Australia anonymously or using a pseudonym (assumed name) unless the information is needed to adequately respond to a question or to provide a service.
How AMES Australia collects personal information
Personal information is collected when:
- Given in person
- Government authorities such as Centrelink and Commonwealth and State Departments provide information to AMES Australia to confirm a client’s eligibility to receive services
- Documentation is provided, e.g.
Staff:
- Submitting an application in response to an advertised position at AMES Australia
- Updating qualifications and professional developments
Clients:
- Applying for or enrolling in a course / qualification
- Registering to receive employment services
- Being referred to receive settlement support
-
Participating in a research project or survey
Comments are made or feedback is provided through AMES Australia website, www.ames.net.au.
Email addresses may be used to respond to comments or feedback.
AMES Australia uses cookies, small data files placed on computers or devices, for improving access to the AMES Australia website.
Communication occurs through social networking services such as Twitter, Facebook and YouTube. Social networking services have their own privacy policies.
Email lists are subscribed to. AMES Australia email lists are not provided to third parties or commercial entities. All communications from AMES Australia provide an opt out mechanism which precludes AMES Australia from sending promotional information in the future.
Audio and Video Recording
AMES Australia personnel and client will only record a conversation with another person if prior to the recording they have:
- A written record of participants’ confirmation that they have understood the reason or purpose of recording the conversation
- A written record of participants’ consent to have the conversation recorded
Dealing with unsolicited personal information
If information is contained in a Commonwealth record, AMES Australia will comply with the provisions of the Archives Act 1983 (Cth).
If information is not contained in a Commonwealth record, AMES Australia will destroy or de-identify the information as soon as practicable, if it is lawful and reasonable to do so.
De-identification can be done by removing or altering information that may allow an individual to be identified.
Use and disclosure of personal information
Personal information will be used and disclosed only for the purpose for which it was collected (known as the ‘primary purpose’) unless:
- the individual has consented to the use or disclosure of the information
- the individual would reasonably expect that the use or disclosure of the information is directly related to the primary purpose
- the following permitted general situations exist:
- to lessen or prevent a serious threat to the life, health or safety of any individual or to public health and safety
- to take appropriate action in relation to suspected unlawful activity or serious misconduct
- reasonably necessary to assist locate a person who has been reported missing
- reasonably necessary for the establishment, exercise or defence of a legal or equitable claim
- reasonably necessary for a confidential dispute resolution process
AMES Australia does not use or disclose information for the purpose of direct marketing unless the individual has provided consent and there is a simple means by which the individual may easily request not to receive direct marketing communications from the organisation.
Note that there are further requirements related to the disclosure of personal information under the jobactive Deed 2015-2020. Refer to the Class PIC Certificate from the Department of Employment for details.
Making of a record or disclosure of protected information
AMES Australia staff who engage with or are employed under the Australian Border Force Act will only make records of or disclose protected information in the course of their employment or service or as otherwise permitted under the Act.
Quality of personal information
AMES Australia will make sure that the personal information that AMES Australia collects, uses, or discloses is accurate, up-to-date, complete and relevant to the purpose of the collection.
Accessing and updating personal information
Under the Privacy Act 1988 (Cth) or the Freedom of Information Act 1982 (Cth) an individual has the right to ask for access to the personal information held by AMES Australia and request that any inaccuracies be corrected. AMES Australia will take reasonable steps to make appropriate corrections to personal information so that it is accurate, complete and up-to-date.
If a correction is made and the information has been disclosed to others, they will be advised of the correction.
Requests to access or update personal information can be made at AMES Australia sites or emailed to AMES Australia Privacy Officer/Champion at privacy@ames.net.au.
For more information about Freedom of Information requests, refer to the Freedom of Information Procedure.
Security of personal information
AMES Australia takes all reasonable steps to protect personal information from misuse, loss and from unauthorised access, modification or disclosure.
AMES Australia’s internet gateway is protected by a firewall which is set to the highest level of protection. Computer systems and databases are maintained by the AMES Australia Information and Technology (IT) Unit.
Computer systems owned by funding bodies/Government authorities are not under AMES Australia’s control. AMES Australia does not accept any responsibility for the maintenance and security of such systems.
The storage and destruction of personal information is managed according to contractual obligations with funding bodies and in conjunction with Public Records of Victoria requirements.
4. Evaluation/Reporting/ Review
Complaints and enquiries
AMES Australia welcomes feedback about privacy issues and will attend to all questions and complaints promptly.
Complaints about the handling of personal information can be made in writing, by phone or email to:
Privacy Officer/Champion
AMES Australia
Level 5, 255 William St. Melbourne 3000
Phone: 03 9938 4767
Email: privacy@ames.net.au
If AMES Australia takes more than 30 days to respond to a privacy complaint, or if the outcome is not satisfactory, a complaint can be made to the Privacy Commissioner at the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted on 1300 363 992 or at www.oaic.gov.au.
Data Breach
A data breach response plan will be established if a breach is suspected, discovered or reported. The plan includes the actions to be taken to assess, manage and contain the breach.
If there are reasonable grounds that a data breach is likely to result in serious harm to any individual to whom the information relates, AMES Australia is required to notify relevant individuals and the Office of the Australian Information Commissioner (OAIC) as soon as practicable (in accordance with the Notifiable Data Breach Scheme of Privacy Amendment Act 2017).
Threshold Assessment and Privacy Impact Assessment - Projects
A threshold assessment is conducted to determine whether a privacy impact assessment is required as part of Project Management. A privacy impact assessment (PIA) is a systematic assessment of a project that identifies the impact that the project might have on the privacy of individuals, including how to manage its impact.
5. Definitions
Personal information
Information or an opinion about an individual whose identity is apparent or can reasonably be ascertained, sensitive information and unique identifiers.
Sensitive information
Information or an opinion about an individual’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of professional / trade associations, membership of a trade union, sexual preferences / practices, criminal record, health information, genetic information.
Health information
Information or an opinion about the:
- Physical, mental or psychological health of an individual
- Disability of an individual
- Individual’s expressed wishes about the future provision of health services to him or her
- Health service provided, or to be provided, to an individual
Unique identifier
Usually a number assigned by an organisation or Government authority to an individual (e.g. employee number, client number, student number, boat ID, jobseeker number).
Protected information
Information obtained by a person in the person’s capacity as an Immigration and Border Protection worker under the Australian Border Force Act 2015 (Cth).
Immigration and Border Protection Worker
A Person engaged or employed by AMES Australia who is involved in the delivery of services for contracts funded by the Department of Immigration and Border Protection.
Applicable Regulations
Privacy and Data Protection Act 2014 (Vic)
Australian Border Force Act 2015
Freedom of Information Act 1982 (Cth)