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Introduction

This document sets out the policy of Itcom Australia Pty Ltd in relation to the handling of personal and sensitive information when disclosed by a candidate. The federal privacy act 1988 impacts on how private sector organisations collect, mange, use and disclose personal information relating to candidates.

Itcom Australia Pty Ltd respects the privacy rights of all individuals in the workplace and is committed to ensuring that all parties are aware of managements and their own personal obligations under the Federal Privacy Act 1988.


Scope

This policy applies to all Itcom Australia Pty.Ltd, candidates and employees in all states of Australia.


Definitions

Itcom Itcom Australia Pty.Ltd.

Itcom candidates: Any person who has applied for an advertised position or willingly submitted information to Itcom regarding employment.

Itcom Staff: Any person employed by Itcom Australia Pty Ltd.

Personal Information: information (or an opinion) about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion

Sensitive information: includes particular types of personal information such as health information about an individual or, for example, information about their racial or ethnic origin, sexual preferences, political opinions, criminal record and trade union membership.

Policy

Personal Information

Itcom is committed to protecting personal information. When an individual deals with Itcom either as a result of a direct approach or in response to a job advertisement, they are doing so with the knowledge that only personal information will be used for the purposes of seeking employment. Itcom job advertisements describe the general nature of positions.

Prior to being placed in employment, a candidate has the right to access their personal information held by Itcom and if necessary have that information corrected or updated. However, once successful in obtaining employment, personal information either becomes part of our employment records or those of our clients. Employment records are governed by industrial legislation and are the property of Itcom.

If a candidate is employed by Itcom for the purpose of carrying out temporary or contract work for our clients, personal information becomes part of our employment records.

Personal information includes:

Personal information means information or an opinion, concerning a candidate and their employment history. Personal information includes contact details, references, opinions about work experience or performance, results of occupational or psychological testing and any other information obtained by Itcom in seeking to place a candidate in appropriate employment.

Personal information may include sensitive information, which may include information or opinion about any criminal records or health issues. We generally do not seek to collect such sensitive information although sometimes it may be important to a particular position. Such sensitive information in most cases may only be collected and disclosed with a candidates consent or if required by law.

Personal information is collected:
  • When an application is submitted or a form is completed
  • During an interview
  • Each time an candidate is contacted
  • When asked to provide particular personal information

If Itcom requires information that has not yet been provided reasonable steps will be taken to inform the candidate of:
  • The purpose for which the information is collected
  • Where applicable, any law requiring information to be collected
  • The main consequences if all or part of the information is not provided

We may approach referees, former employers, colleagues, professional or representative organisations and employment or labour hire agencies. Personal information may be collected from the results of medical, competency and psychological testing, performance appraisals, records of workplace injuries or workplace accidents in which a candidate is involved, certificates of educational qualifications and reports from insurance or criminal investigations.

Personal information is used and disclosed:

Personal information may be used by Itcom in relation to:
  • Potential employment
  • Assessment of performance
  • Identifying potential new clients
  • Management of any investigation in which you are involved
  • Assessment of medical, competency and psychological testing

Personal information may be disclosed to:
  • Potential employers and agents acting on their behalf;
  • Insurers, superannuation representatives, banking institutions;
  • Itcom contractors and suppliers;
  • Referees, former employers, colleagues, professional or representative organisations, employment or labour hire agencies;
  • Any person with lawful entitlement to obtain the information

Consent

The candidates consent to the above disclosures is taken to have been given when personal information was submitted to Itcom. Consent allows Itcom to disclose or use information for any reasonable purpose related to possible employment placement as contemplated by this Privacy Policy. Further, as Itcom has a public interest duty to co-operate with law enforcement agencies and to prevent any threat to life, health or safety of any person, Itcom may have to disclose personal information for such purposes.

If for any reason a candidate decides not to provide certain personal information, we may be restricted in our ability to place them in a position. If employed in a temporary or contract position, we will require a tax file number in order to pay and deduct the relevant tax.

Data quality

The personal information collected at the time of an application for employment and initial interview is assumed by Itcom to be accurate, complete and up to date. If at any time the candidate believes this personal information is no longer accurate, complete or up to date Itcom must be advised.

Data security

Itcom has taken reasonable steps to protect personal information from misuse, loss or unauthorised access.

In accordance with legal requirements, personal information is destroyed or permanently de-identified when no longer needed. The length of time personal information is held by Itcom will vary. At the end of the relevant time period, the information will be destroyed in line with Itcom policies and procedures.

If further details are required please contact the Operations Manager at Itcom.

Right to access personal information

Any candidate for employment has the right to access and to obtain a copy of their own personal information. However, there are exemptions to this right of access. For example, Itcom is not required to provide access where a request:
  • Is after the candidate has become an employee of Itcom;
  • Is frivolous or vexatious;
  • Concerns information relating to any existing or anticipated legal proceedings between Itcom and an candidate;
  • Would reveal Itcoms intentions in relation to negotiations in such a way that it would prejudice those negotiations;
  • Requires access that would be unlawful;
  • Would be likely to prejudice the prevention, investigation and prosecution of any criminal offence or seriously improper conduct.

If access is required in order to correct information, it will need to be established that the information previously provided was not accurate, complete or up to date. Reasonable steps will then be taken to correct that information so that it is accurate, complete and up to date.

If there is a disagreement whether the personal information is inaccurate, incomplete or not up to date, statements will need to be provided to show that what the candidate says is the correct information. If you wish to exercise your right of accessing correction, please contact Itcom.

Fair Trading Amendment Act

It is Itcoms’ intention to adhere to the Fair Trading Amendment (Employment Placement Services) Act.
  • Itcom ensures a job seeker will not be charged a fee for the purpose of finding work
  • Itcom will not engage in misleading or deceptive conduct (such as advertising a position as available when the agency knows no such position exists or knowingly giving misleading information to a job seeker about the nature of a position)


Escalation Instructions

If you believe an Employment Agency has acted inappropriately you may contact the Department of Fair Trading on 133 220 for information on possible action that may be taken.

If there are queries regarding personal information, please contact:

Itcom Australia Pty Ltd
Level 8/30 Collins Street
Melbourne Vic 3000
Telephone: (03) 9929 9500
www.itcom.com.au