We are committed to protecting the privacy of the information that we collect about you during your time with the Berry Street School.
We are bound by the following legislation and standards that regulate how schools may collect, use, disclose and store personal information, and how individuals may access, and correct personal information held about them.
Legislation
- Privacy Act 1988 (Commonwealth)
- Privacy and Data Protection Act 2014 (Victoria)
- Health Records Act 2001 (Victoria)
- Family Violence Protection Act 2008 (Victoria)
- Child Wellbeing and Safety Act 2005 (Victoria)
Standards and regulation
- Australian Privacy Principles (APPs)
- Notifiable Data Breaches Scheme 2017
- Information Privacy Principles (IPPs)
- Victorian Protective Data Security Standards 2016
- Health Privacy Principles
- Family Violence Information Sharing Scheme (2017)
- Child Information Sharing Scheme (2017)
Whose personal information do we collect?
We mostly collect personal information from our students and their parents, guardians, and carers. From time to time we also collect personal information from job applicants, contractors, volunteers and supporters of the school.
How do we collect your personal information?
In most instances, the school will collect personal information directly from a student, parent, guardian, or carer via forms, face to face meetings, phone calls and emails. The school may also collect information from another school or third-party organisation, but only if the individual would reasonably expect the school to collect information in this way (e.g., to facilitate transfer from another school), or if the individual has otherwise provided consent.
What personal information do we collect?
We will only collect information if it is relevant and reasonably necessary for one of our functions or activities.
The type of personal information that the school collects about students includes, but may not be limited to;
- name
- date of birth / age
- gender, sexuality, and pronouns
- address, phone number, contact details
- family circumstances, cultural background, language spoken at
home - emergency contacts, names of doctors and other professionals
- assessments, reports, referrals
- NAPLAN results (optional collection with a separate consent
process) - medical background, physical and mental health information, and
diagnoses - disability and support needs
- photographs and visual images.
The type of personal information that the school collects from parents, guardians and carers include, but may not be limited to;
- name
- address, phone number, contact details
- date of birth
- occupation
- family circumstances.
Use and disclosure
Student, parent, guardian, and carer information is used for teaching and school-related administration, to tailor support to students, for government reporting purposes, to exercise the school’s duty of care, and to create a community of support for students.
In most circumstances, information is only used and disclosed within the school community. Third parties and external organisations/schools will not have access to an individual’s information unless the school has obtained the consent of the individual, obtained the authorisation of the individual’s legal guardian, or if another legal permission exists.
The most common legal permissions under which the school would disclose an individual’s information without consent include;
- information meets the criteria for sharing under the Child Information Sharing Scheme or the Family Violence Information Sharing Scheme
- the use or disclosure is for the purposes of locating a missing person
- the use or disclosure is necessary to prevent or lessen a serious threat to public health, welfare or safety, or the health, welfare, or safety, of any individual
- mandatory Reporting obligations, whereby a teacher or school employee forms a reasonable belief that a child is in need of protection from physical injury or sexual abuse
- information is required by a court via subpoena, or another court instruction.
Quality of the information that we hold
We take reasonable steps to ensure that the personal information that we collect, use or disclose is relevant, accurate, complete and up to date. If at any time you wish to update your personal information, you can do so by contacting the school.
Security of the information that we hold
School staff will take all reasonable steps to ensure that hard copy and electronic records (including email) are appropriately secured at all times, and only accessed for a school function or activity.
These measures include password protection for accessing our electronic IT systems, securing paper files in locked cabinets and physical access restrictions. Our systems are regularly audited to ensure that only authorised personnel are permitted to access these details.
We will notify any affected individual in the event that a data breach will likely result in serious harm.
Retention and disposal of information
The school will keep personal information for as long as is legally required, however please note that several student record types require permanent retention, including;
- student enrolment – summary information
- student health and wellbeing records
- incident reports, first aid/injury registers
- records of camps and excursions.
Student reports are retained for 30 years; however, student work can be disposed one year following the student’s exit or graduation. The school will ensure that students have sufficient opportunities to collect their work prior to disposal.
Access and correction of information that we hold
If you request access to the personal information we hold about you, or request that we change that information, we will allow access or make the changes to your personal information unless we consider there is a sound reason under the privacy legislation to withhold the information or to not make the changes.
Requests to access information should be made in writing or by telephone to the Principal (staff can assist where required) and will need to be accompanied by proof of identity prior to the school releasing the information.
We will provide a response to you within 30 days of the request, and provide the information requested as soon as is practical.
There are exceptions to the right to access information, including;
- where there are Family Court orders in place and denying access is required to remain consistent with these orders or denying access is otherwise authorised under another Australian law or court/tribunal order
- there is a reasonable belief that giving access would pose a serious threat to the life, health, or safety of any individual, or to public health or public safety
- giving access would have an unreasonable impact on the privacy of other individuals (e.g., other students, teachers, and staff)
- the request for access is considered frivolous or vexatious
- the information relates to existing or anticipated legal proceedings between the school and the individual and would not be accessible by the process of discovery in those proceedings
- giving access would reveal the intentions of the school in relation to negotiations with the individual in such a way as to prejudice those negotiations
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Where a request to access information, or to correct information is not approved, the school will provide a written explanation to the individual, including the grounds for the refusal and the complaints mechanism available.
Complaints
If an individual has any concerns about the way in which their personal information is being handled, or they believe that there has been an interference with the privacy of personal information held about them, they can contact the relevant Assistant Principal (Head of Campus) or the Principal.
Complaints will be handled fairly and as promptly as possible in the circumstances. Only those people who are involved in the investigation of the complaint will have access to personal information in relation to the complaint.
If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner (OAIC) via the OAIC website, www.oaic.gov.au.
Unique identifiers
The school will only use unique identifiers where they are generated by the Department of Education (e.g., Victorian Student Number), the Australian Government (e.g., Unique Student Identifier) or the school’s systems and can only disclose a government agency identifier when it is authorised specifically by law.
Anonymity
It is not possible to engage students, parents, guardians and carers with schooling and school activities if they wish to remain anonymous. Opportunities to remain anonymous are limited to surveys, feedback and enrolment enquiries made to the school.
Sending and storing information overseas
The school will not send or store personal information outside of Australia unless;
- the recipient is bound by Privacy Standards similar to the Australian Privacy Principles (APPs), or
- the individual is aware that the recipient is not bound by similar Privacy Standards, however, has given permission via an updated consent form, or
- the information is de-identified and cannot be re-identified by the overseas recipient.
Changes to this Privacy Policy
We will regularly review and update this policy to ensure alignment with new legislation, standards and regulation. This policy was last reviewed and updated in February 2024.
To view the full Privacy Policy, email BSVSchool@berrystreet.org.au.
