Privacy complaints procedure

Intent and objectives

To provide a consistent and fair procedure for handling complaints with respect to privacy of personal information.

This procedure will apply if an individual considers that the University has acted in a manner that breached a Privacy Principle in respect of that individual.

Scope

University wide

Exclusions

Nil.

Procedure steps and actions:

Procedure

Responsibility

Timeline

1. A written complaint must be forwarded to the Privacy Officer within six (6) months of the time the complainant first became aware of the alleged breach. The complaint must specify details of the alleged breach.

2. The Privacy Officer must make a determination on the complaint within forty-five (45) days of receipt of the complaint, and advise the complainant in writing.

Privacy Officer

Within 45 days of receipt

3. If the Privacy Officer determines that there has been a breach of the Privacy Principles, he or she will, upon notification of the determination to the complainant, advise relevant University personnel in writing of any action required in order to remedy the breach. If the breach is capable of being rectified and is not rectified within thirty (30) days of the advice from the Privacy Officer, the Privacy Officer must inform the Vice-Chancellor.

Relevant university personnel

30 days from receipt of requested remedial action

4. The Privacy Officer will keep a record of all complaints. This will comprise a register and file records that will be securely stored in accordance with the Information Privacy Act 2000 (Vic).

For the purposes of clause 23 of Schedule 1A Part 1 Division 4 of the Higher Education Support Act (HESA) 2003 (Cth) and section 19-60 of Chapter 2 Part 2-1, Division 19 of the HESA Act the University complies with the information privacy principles set out in the Privacy Act 1988 (Cth).

Privacy Officer

5. Consequences if the Privacy Policy is breached:

Disciplinary action may be taken against any person who breaches this policy, including summary dismissal in the event of what the University considers to be a serious breach by a staff member. Any misconduct that might be considered to warrant disciplinary action would be subject to the guidelines “Managing For Performance -Unsatisfactory Performance and Misconduct” or “Disciplinary Guidelines for Security Staff, TAFE Teachers, Child Care Staff, Academic and General Fixed Term Staff on AWAs.”

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