The Privacy Act 1988 provides extensive regulations about the collection, storage and use of information relating to individuals. It also contains some specific exemptions for organisations that have a need to collect, store and use information about individuals, one of which is to exempt the “acts and practices of employers in relation to employee records”.
To be exempt, an act or practice relating to the employee record must be directly related to the employment relationship. This means that acts or practices of an employer that are outside the scope of the employment relationship are not exempt. For example, Yellow Corporation Pty Ltd trading as “Aussiefast Transport Solutions” could not sell details of employees to another organisation.
The act or practice must also be directly related to a current or former employment relationship. This does not cover future employment relationships. This means that personal information collected from prospective employees who are subsequently not employed, such as unsuccessful job applicants, are not covered by the employee records exemption.
Once an employment relationship is formed with an individual, the records Aussiefast Transport Solutions holds relating to that individual’s pre-employment checks then become exempt.
The Fair Work Act 2009 requires all employers to keep certain personal information about employees in their employee records.
Personal information held by an Aussiefast Transport Solutions, relating to someone’s current or former employment, isn’t covered by the Australian Privacy Principles, but will only be used by the company directly in relation to the employees employment. This information includes:
Any information obtained and stored in this nature will be kept secure both electronically and in paper form. Aussiefast Transport Solutions will ensure this information is only accessible by nominated individuals.
The Australian Privacy Principles do apply to personal information about unsuccessful job candidates. This can include applicants’ resumes, contact details, references and academic transcripts.
Third parties providing recruitment, training, human resources, payroll or other services to the employer under a contract may need to comply with the Australian Privacy Principles.
Aussiefast Transport Solutions is also covered by the 13 Australian Privacy Principles, as set out in the legislation, which cover all aspects of dealing with personal and sensitive information, not only those relating to employees.
Aussiefast Transport Solutions takes its obligations under the Privacy Act 1988 seriously, and as such, takes all reasonable steps in order to comply with the Act and protect the privacy of personal information that it holds.
Aussiefast Transport Solutions may require the collection of personal information from individuals to enable it to provide its services. The reasons for the collection of personal information include, but are not limited to, communication about our services, for quality or training purposes, administrative purposes, creating and updating our database, invoicing, depot recovery, resolving disputes, ensuring contractual and legal compliance, processing credit checks and internal record keeping.
Aussiefast Transport Solutions may collect and hold personal information, such as, but not limited to, names of employees and proprietors of organisations, addresses, telephone numbers, facsimile numbers, email addresses, titles and professional affiliations. These details are collected for the purpose of providing Aussiefast Transport Solutions services to customers and clients, and the selling and marketing of its products and extended range of services. Aussiefast Transport Solutions may also use such information to apply customer or member satisfaction surveys and events, such as loyalty programs. Aussiefast Transport Solutions does not disclose this information to any other organisation, nor does it send any information overseas for any purpose whatsoever.
In the event that sensitive information is collected by Aussiefast Transport Solutions, it is not used for any purpose without the express permission of the individual. The collection, use and disclosure of information is in accordance with the Aussiefast Transport Solutions collection statement.
Personal information collected by Aussiefast Transport Solutions is retained as part of a database, which is securely monitored and maintained by Aussiefast Transport Solutions. The data is not made available to a third party, unless it is legally required and verified, without the authority of the individual who provided the personal information.
Aussiefast Transport Solutions makes available for inspection personal information, based on the information supplied by the individual, that it holds in relation to an individual, provided reasonable notice is given. In the event that any part of the personal information that the individual inspects is determined to be incorrect and requires alteration, then Aussiefast Transport Solutions makes such alteration in compliance with the corrected advice provided by the individual.
Aussiefast Transport Solutions takes all reasonable steps to protect the security of the personal information that it holds. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.
Where information held by Aussiefast Transport Solutions is no longer required to be held, and the retention is not required by law, Aussiefast Transport Solutions will destroy such personal information by secure means.
If an individual has any concerns regarding the privacy of personal information, the individual may make a complaint firstname.lastname@example.org
Where possible, Aussiefast Transport Solutions collects the information directly from individuals, customers and clients. In some instances, Aussiefast Transport Solutions may collect personal information from press reports or published mediums and, in this case, it endeavours to verify such details with the person concerned.
Aussiefast Transport Solutions acknowledges that there is no obligation for an individual to provide personal information. However, if an individual chooses not to provide Aussiefast Transport Solutions with personal details, it may not be able to provide the individual with a full range of services or may reduce the ability of directly servicing the individual’s organisation.
Aussiefast Transport Solutions reserves the right to vary, replace or terminate this Policy from time to time.
Aussiefast Transport Solutions may require the collection of personal information to satisfy the needs of the organisation. The reasons for the collection of the personal information include, but are not limited to, communication about our services, for quality or training purposes, administrative purposes, creating and updating our database, invoicing, depot recovery, resolving disputes, ensuring contractual and legal compliance, processing credit checks and internal record keeping
The personal information may be required for the purpose of:
Aussiefast Transport Solutions may also collect the information for the provision of marketing, unless a specific request in writing is provided, detailing what is not required.
Aussiefast Transport Solutions may need to give personal information to other organisations to comply with its legal obligations, such as auditors, legal advisers and the Australian Taxation Office (or any other relevant organisations).
Aussiefast Transport Solutions may disclose personal information, for the purposes set out above, to any of its subsidiaries, branches, franchises or legally related companies, agents, dealers or contractors. Disclosure to external parties or entities does not occur without the individual’s consent except where disclosure is required by law. Aussiefast Transport Solutions is unlikely to be required to disclose personal information to overseas recipients.
Aussiefast Transport Solutions acknowledges that there is no obligation for an individual to provide it with personal information. However, if an individual chooses not to provide Aussiefast Transport Solutions with personal details, it may not be able to provide the individual with a full range of services or may reduce the ability of directly servicing the individual’s organisation.
The Privacy Act 1988 provides the right to access personal information held by Aussiefast Transport Solutions. If the information is inaccurate, a request can be made to correct it.
Aussiefast Transport Solutions reserves the right to charge a nominal fee if required for the retrieval of information requested.
Further information can be obtained by contacting Aussiefast Transport Solutions nominated privacy officer. A copy of the Australian Privacy Principles can be accessed at Read the Australian Privacy Principles – Home (oaic.gov.au)