Last updated: April 2014
The Privacy Act 1988 (Cth) (the Act) commenced operation in Australia in 1990. The Act established a national law that regulates how personal information, including sensitive information (explained below) is collected, used, stored and disclosed. The Act also gives individuals access and correction rights in relation to their own personal information, including sensitive information.
For the purposes of the Act:
Throughout the rest of this section and unless stated otherwise, where we refer to ‘personal information’ we include reference to ‘sensitive information’.
The Act regulates:
The Act establishes 13 privacy principles to be known as the ‘Australian Privacy Principles’ (or APPs). This will be a single set of principles that will apply to both Commonwealth government agencies as well as private sector organisations in Australia.
The APP’s regulate:
The following is a limited high-level summary only of some of the APP requirements:
Any entity regulated by the Act must be familiar with the APPs.
The Office of the Australia Information Commissioner maintains a website with useful information and links, including the APPs. The site can currently be accessed at: http://www.oaic.gov.au/
For entities that are regulated by the Act, compliance with the Act means that they need to implement practices and procedures that:
The REINSW will, to the extent that the Act applies, comply with its obligations under the Act. The REINSW is a member-based organisation whose members are mainly real estate organisations and agents in New South Wales.
The REINSW provides educational and professional development courses to Member and non-Member agents and to the general public.
Personal information including sensitive information (together referred to as ‘personal information’, below) may be collected by REINSW about any student. Personal information will be collected during the enrolment process for a course and during the provision of the learning. The personal information provided or collected from other sources is necessary for REINSW to: (a) consider and assess the learning requirements and needs of the student; (b) if an application for learning is received and learning is subsequently scheduled, REINSW may also use the information including personal information, as required to supply or to procure the supply by third parties of the learning to the student; (c) as part of REINSW’s obligations as a Registered Training Organisation governed by the Vocational Education Training Quality Framework, to supply information including personal information in relation to the student, to the Australian Skills Quality Authority (ASQA) (the national regulator for Australia’s vocational education and training sector), the National Centre for Vocational Education and Research (NCVER), the Department of Education and Communities (DEC) and any other relevant government body or authority; (d) if after learning is supplied, to provide (if appropriate) verification or certification of completion of the relevant learning; (e) if after learning is completed and upon request by the student’s employer who funded the learning, to provide that employer with the student’s learning records and assessment results; (f) process any payment (including without limit the exchange of personal information with the relevant payment provider); and (g) comply with any applicable law.
Personal information collected about the student that receives learning, may be disclosed by REINSW for the purpose for which it was collected to other parties including to third parties engaged by REINSW, ASQA, NCVER, DEC and any other relevant government body or authority, authorised persons (including the student’s employer who funded the learning and those requesting verification or certification of completion of the relevant learning), and to relevant payment providers and otherwise as required by any applicable law. If the information including personal information is not supplied by the student, REINSW may not be able to carry out or procure the services referred to above effectively or at all.
REINSW takes reasonable precautions to protect the personal information it holds from misuse, loss, and unauthorised access, modification or disclosure.
REINSW may also use the attendees information including personal information (but not including any sensitive information) for marketing and research purposes, to analyse and improve benefits, products and services and to inform the student of benefits, products and services provided by REINSW, its related entities, preferred suppliers, contractors or other third parties which REINSW consider may be of value or interest to students; unless the student tells or has told REINSW not to. If the student does not wish to receive information about benefits, products and/or services then, to opt-out of receiving that information, they can either make the appropriate selection on the relevant enrolment form or by contacting the Membership Team, for that purpose, at [email protected] or on (02) 9264 2343. Students should allow 10 business days before any opt-out becomes effective.
The student has the right to request access to any personal information held by REINSW which relates to them, unless REINSW is permitted by law (including the Act) to withhold that information. REINSW may charge a reasonable fee where access to personal information is provided (no fee may be charged for making an application to access personal information). Any requests for access to the student’s personal information should be made in writing to the Privacy Officer (specified below). The student has the right to request the correction of any personal information which relates to them that is inaccurate, incomplete, irrelevant, misleading or out-of-date.
If a student requires any further information about REINSW’s management of personal information or has any queries or complaints, they should contact:
The Privacy Officer
The Real Estate Institute of NSW
30-32 Wentworth Avenue, Sydney NSW 2000
From VOLVO, BMW and OFFICEWORKS
Check them out.
Also, Keep track of your CPD hours with the NEW CPD Diary in your member portal! Log in today.