KLC Recruitment complies with the Privacy Act 1988. The following is an explanation of how KLC Recruitment discharge our responsibilities under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which amends the Privacy Act 1988 and the Australian Privacy Principles in relation to the collection, storage and use of personal information about you, and secondly, how you may exercise your rights to access such information.
1. APP Entity
KLC Recruitment manages personal information as an APP Entity (Agency, organisation, or small business), under the Australian Privacy Principles (available through the website of the Office of the Australian Information Commissioner)
As an organisation that is also a contracted service provider to a range of State government agencies, it sometimes becomes necessary for us to collect and manage personal information as an Agency under different privacy arrangements.
Your personal and sensitive information will be collected by authorised employees of KLC Recruitment.
All KLC Recruitment employees have been carefully screened and have signed Confidentiality Agreements, undertaking not to make any authorised disclosure of confidential information to which they may become privy to in the course of their employment with KLC Recruitment.
2. Collection of Information
KLC Recruitment only collects information that is reasonably necessary for the proper performance of our activities or functions. We do not collect personal information just because we think it could be useful at some future stage if we have no present need for it.
KLC Recruitment may decline to collect unsolicited personal information from or about you and take steps to purge it from our system.
At the time of collection (or as soon as practicable afterwards) KLC Recruitment will take reasonable steps to ensure that the individual is told:
- How they may contact KLC Recruitment
- That they can access the information
- Why the information is collected
- We check that it is current, complete, and accurate. This will sometimes mean that we must cross-check the information that we collect from you with third parties
- Any law that requires the information to be collected and the consequences (if any) for the individual if the information is not provided; and
- The main consequences (if any) for the individual if all or part of the information is not provided
- Subject to some exceptions, we permit you to access your personal information in accordance with the Australian Privacy Principles (available through the website of the Office of the Australian Information Commissioner)
- We correct or attach associated statements to your personal information in accordance with the Australian Privacy Principles
- We destroy or de-identify your personal information when it is no longer needed for any purpose, for which it may be used or disclosed if it is lawful for us to do so.
3. Kinds of Information that we Collect and Hold
Personal information that we collect, and hold is information that is reasonably necessary for the proper performance of our functions and activities as recruitment and on-hire agency and is likely to differ depending on whether you are:
- A Jobseeker
- A Client
- A Referee
Personal information is any information or an opinion about you. It may range from the very sensitive (e.g., medical history or condition) to every day (e.g., address and phone number).
It would include the opinions of others about your work performance, your work experience and qualifications, aptitude test results and other information obtained by us in connection with your possible work placement. Personal information includes sensitive information.
Sensitive information is a special category of personal information. It is information or opinion about your:
- Racial or ethnic origin
- Political opinion
- Membership of a political association
- Philosophical beliefs
- Religious beliefs or associations
- Membership of a professional or trade association
- Membership of a trade union
- Sexual preferences or practices
- Criminal record
- Health or disability (at any time)
- Expressed wishes about the future provision of health services
Sensitive information can, in most cases, only be disclosed with your consent.
Some laws such as taxation law, immigration law, laws regulating employment agencies, laws relating to national security, laws relating to professional or trade registration and laws for the protection of certain classes of people (such as children or the elderly), may require that we collect certain types of information (including criminal history and evidence of your right to work) from you that is relevant to the position/s for which you may be applying.
The following Australian laws require or authorise our collection of personal information from you:
- Migration Act 1958 (C'th) and Migration Regulations 1994 (C'th)
- Private Employment Agents (Code of Conduct) Regulation 2005 (QLD)
- The Education and Care Services National Law and the Education and Care Services National Regulations 2011
- The Working with Vulnerable People (Background Checking) Act 2011 (ACT)
- Child Protection (Working with Children) Act 2012 (NSW)
- The Working With Children Act 2005 (VIC)
- Aged Care Act 1997 (C'th)
3.1. For Jobseekers
The type of information that we typically collect and hold about Jobseekers is information that is necessary to assess amenability to work offers and work availability, suitability for placements, or to manage the performance in work obtained through us and includes:
- Proof of identity
- Contact details including name, address, telephone numbers and email address
- Payroll information including banking details, superannuation fund, tax file number and date of birth
- Confirmation of ability to work in Australia including residency or visa details
- Work history and references
- Qualifications and professional associations (where applicable)
- Drivers licence, car insurance and registration (where applicable)
- Medical and criminal history (where appropriate)
- Skills assessments
- Work placement performance feedback
3.2. For Clients
The type of information that we typically collect and hold about Clients is information that is necessary to help us manage the presentation and delivery of our services and includes:
- Contact details including name, work location, telephone numbers and email address
- Organisational structure and position descriptions
- Recruitment and HR service requirements
- Internal issues disclosed (including staff personal information) for the purpose of KLC Recruitment providing HR services
3.3. For Referees
The type of information that we typically collect and hold about Referees is information that is necessary to help to make determinations about the suitability of one of our Jobseekers for jobs or types of work and includes:
- Contact details including name, telephone numbers and email address
- Answers provided for reference check questions
4. Use of Information
KLC Recruitment will use or disclose personal information for the primary purpose for which it was collected.
KLC Recruitment will use personal information for a secondary purpose if:
- The individual has consented; or
- The secondary purpose is related to the primary purpose and the individual would reasonably expect KLC Recruitment to use or disclose the information for the secondary purpose. If the personal information is sensitive information, the secondary purpose must be directly related to the primary purpose of the collection; or
- If the information is not sensitive information, KLC Recruitment will use the information for the secondary purpose of direct marketing if:
- It is impracticable to seek the individual’s consent before the particular use; and
- There is no charge for implementing an individual’s request to KLC Recruitment not to receive direct marketing; and
- The individual has not made a request to KLC Recruitment not to receive direct marketing; and
- In each direct marketing communication with the individual, KLC Recruitment the individual that they may elect not to receive any further direct marketing communications; and
- Each written direct marketing communication with the individual by KLC Recruitment sets out KLC Recruitment’s business address, telephone number and email address at which KLC Recruitment can be contacted directly; or
- KLC Recruitment reasonably believes that the use or disclosure is necessary to lessen or prevent a serious and imminent threat to an individual’s life, health or safety or a serious threat to public health or public safety; or
- KLC Recruitment has reason to suspect that unlawful activity has been, is being or maybe engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant authorities or persons; or
- The use or disclosure is required or authorised by or under the law; or
- KLC Recruitment reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
- The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
- The enforcement of laws relating to the confiscation of the proceeds of crime; or
- The protection of the public revenue; or
- The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
- The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
5. Data Quality
KLC Recruitment will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date.
6. Data Security
KLC Recruitment will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification, or disclosure. KLC Recruitment will also take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed
7. Access and correction
Where KLC Recruitment holds personal information about an individual, it will provide the individual with access to the information on request, except to the extent that:
- In the case of personal information other than health information-providing access would pose a serious and imminent threat to the life or health of any individual; or
- In the case of health information – providing access would pose a serious threat to the life or health of any individual; or
- Providing access would have an unreasonable impact upon the privacy of other individuals; or
- The request for access is frivolous or vexatious; or
- The information relates to existing or anticipated legal proceedings between KLC Recruitment and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
- Providing access would reveal the intentions of KLC Recruitment in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- Providing access would be unlawful; or
- Denying access is required or authorised by law; or
- Providing access would be likely to prejudice an investigation of possible unlawful activity; or
- Providing access would be likely to prejudice:
- the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
- the enforcement of laws relating to the confiscation of the proceeds of crime.
- the protection of the public revenue; the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
- preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement agency; or
- An enforcement body performing a lawful security function asks KLC Recruitment not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
Where providing access would reveal evaluative information generated within KLC Recruitment in connection with a commercially sensitive decision-making process, KLC Recruitment may give the individual an explanation for the decision, rather than direct access to the information. Where KLC Recruitment is not required to provide the individual with access to the information for any reason, KLC Recruitment will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
- If KLC Recruitment levies charges for providing access to personal information, those charges:
- will not be excessive; and
- will not apply to lodge a request for access.
- If KLC Recruitment holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, KLC Recruitment will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
- If the individual and KLC Recruitment disagree about whether the information is accurate, complete and up-to-date, and the individual asks KLC Recruitment to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, KLC Recruitment will take reasonable steps to do so.
- KLC Recruitment will provide reasons for denial of access or a refusal to correct personal information.
Whenever it is lawful and practicable, individuals will have the option of not identifying themselves when entering transactions with KLC Recruitment.
There is an exemption in the Privacy Act regarding the information relating to a current or former employee. The Privacy Act does not apply to an act performed or practice engaged in by KLC Recruitment in relation to:
- a current or former employment relationship between KLC Recruitment and the individual; and
- an employee record held by KLC Recruitment Pty Ltd relating to the individual (includes personal information relating to the employment relationship and may include information such as recruitment/termination information, terms and conditions of employment, health and banking details).
This exemption does not apply to applicants who are unsuccessful in securing a role at KLC Recruitment Pty Ltd. In those cases, KLC Recruitment Pty Ltd will take all the necessary steps to ensure proper collection, use, storage, disclosure of and access to information in accordance with the Privacy Act and other applicable laws.
Procedure for Making a Complaint
A person may make a complaint if they feel their personal information has been handled inappropriately by a private sector organisation in breach of KLC Recruitment’s privacy obligations under the Privacy Act
In the first instance, complaints must be directed to KLC Recruitment Privacy Officer Stephanie Berry in writing. KLC Recruitment will investigate the complaint and prepare a response to the complainant in writing within a reasonable period.
If the complainant is not satisfied with KLC Recruitment’s response or the manner in which KLC Recruitment has dealt with the complaint, the individual may make a formal complaint to the Office of the Federal Privacy Commissioner (OFPC). The OFPC will provide KLC Recruitment with the opportunity to respond to the complaint. Following its enquiries, if the OFPC decides that there is insufficient evidence to support the complaint, the OFPC may dismiss the complaint. Alternatively, if the OFPCC believes there is enough evidence to support the complaint, it will try to conciliate the matter.
If conciliation does not resolve the complaint, depending on the circumstances, the Privacy Commissioner may either close the file or decide. A determination could include a requirement that KLC Recruitment issue an apology, improve practices to reduce the likelihood of a breach of the Privacy Act, or compensation is to be paid to the complainant.
If the OFPC closes the file, the complainant may apply to the Federal Court or the Federal Magistrates Court by way of appeal. Either party may also appeal to the Administrative Appeal Tribunal for a review of any compensation amount ordered by the Privacy Commissioner.