Privacy Policy

Your privacy is important

Stars Foundation Limited (Stars, we, or us) supports Aboriginal and Torres Strait Islander girls and young women to make active choices towards realising their full potential. Stars delivers school-based mentoring and support programs across all mainland Australian states and the Northern Territory, building trusted relationships with students and providing opportunities that support education, health and wellbeing, community, culture and leadership.

Stars recognises the importance of protecting the privacy, dignity and safety of individuals whose personal information we collect and hold, particularly children and young people. We are committed to managing personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs) and other applicable laws. We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Staff are required to comply with Stars’ privacy and confidentiality obligations, and breaches may result in disciplinary action.

This statement outlines our policy on the collection, use, disclosure and management of Personal Information. We recommend you read this entire Privacy Policy prior to providing any Personal Information to us. If you have any queries about this Privacy Policy or our handling of your Personal Information you can contact us using the details provided at the end of this Privacy Policy.

1.  Definitions

In this policy:

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not, and includes Sensitive Information.

Privacy Act refers to the Privacy Act 1988 (Cth).

Australian Privacy Principles (APPs) means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth), which regulate the collection, use, disclosure, storage, access and correction of personal information.

Privacy Policy means this document as amended from time to time.

Sensitive Information means:

• information or an opinion about an individual’s: (i) racial or ethnic origin; (ii) political opinions; (iii) membership of a political association; (iv) religious beliefs or affiliations; (v) philosophical beliefs; (vi) membership of a professional or trade association; (vii) membership of a trade union; (viii) sexual orientation or practices; (ix) criminal record, that is also Personal Information; or
• health information about an individual, genetic information about an individual that is not otherwise health information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates

You and your refer to individuals whose Personal Information Stars handles from time to time.

2.  Collection of Personal Information

Stars collects personal information that is reasonably necessary for its functions and activities. The types of information we may collect and hold include:

• Personal details of students participating in Stars programs, including names, dates of birth, addresses, contact details and school enrolment information.
• Information relating to students’ education, attendance, engagement, achievements and participation in Stars activities.
• Information about students’ health, wellbeing, disabilities, medical conditions, allergies, emergency contacts and other matters relevant to their safety and participation in Stars programs.
• Information relating to Aboriginal and Torres Strait Islander identity, cultural background and other sensitive information relevant to the delivery of our programs.
• Information about parents, carers and guardians, including contact details and relevant consent arrangements.
• Personal information about employees, employment applicants, volunteers and contractors, including qualifications, employment history, references and relevant screening and background checks.
• Information about donors, funding partners and other stakeholders, including contact details, donation history and payment information.
• Photographs, video recordings and other information collected during Stars programs, activities and events.
• Information collected through our website, communications and, where applicable, security systems.

Stars recognises that some of this information is sensitive information under the Privacy Act. We will generally obtain consent before collecting sensitive information, unless collection is otherwise permitted or required by law.

Children and young people

Stars recognises the importance of protecting the privacy of children and young people. Where consent is required, we will consider the age, maturity and capacity of the young person to understand and provide informed consent.

Where appropriate, consent will be obtained from a parent or legal guardian, taking into account the young person’s circumstances, safety and best interests.

Stars will take reasonable steps to ensure that children and young people understand how their personal information will be collected, used and disclosed, in a manner appropriate to their age and circumstances.

3.  Method of Collection

Stars generally collects personal information directly from individuals or, in the case of students participating in Stars programs, from their schools, parents or guardians.

Personal information may be collected when:

• A student enrols in or participates in a Stars program.
• Information is provided by a school, parent, carer or guardian to support a student’s participation, wellbeing or safety.
• An individual contacts Stars, subscribes to communications or provides information through our website.
• An individual applies for employment or volunteer opportunities.
• An individual makes a donation or engages with Stars as a funding partner or stakeholder.
• An individual participates in Stars activities, events or programs.

Where reasonably necessary and lawful, Stars may also collect personal information from third parties, including schools, government agencies, referees and other organisations involved in providing support or services.

Stars will take reasonable steps to notify individuals of relevant matters concerning the collection of their personal information, in accordance with the Australian Privacy Principles.

Where lawful and practicable, individuals may interact with Stars anonymously or using a pseudonym. However, identification will generally be necessary for participation in Stars programs and certain other activities.

4.  Use and Disclosure of Personal Information

Stars collects, holds, uses and discloses personal information for purposes connected with its functions and activities, including to:

• Deliver, administer and evaluate Stars programs and services.
• Support students’ education, attendance, engagement, health, wellbeing, safety and transitions to further education, training or employment.
• Communicate with students, parents, carers, schools and other relevant stakeholders.
• Plan and conduct Stars activities, camps, excursions and events.
• Manage employment, recruitment and volunteer arrangements.
• Process donations, manage funding partnerships and undertake fundraising activities.
• Monitor, evaluate and report on program performance and outcomes.
• Meet contractual, regulatory, child safety and other legal obligations.
• Respond to incidents, complaints, emergencies and concerns about the safety or wellbeing of individuals.

Stars may disclose personal information to third parties where reasonably necessary and permitted by law, including:

• Schools and education authorities involved in delivering or supporting Stars programs.
• Parents, carers and guardians, where appropriate and lawful.
• Government departments, regulatory authorities and other agencies where required or authorised by law.
• Health professionals, emergency services and relevant support organisations where necessary and legally permitted.
• Professional advisers, contractors and service providers engaged by Stars, subject to appropriate confidentiality and privacy safeguards.
• Funding bodies and program evaluation partners, where disclosure is permitted by law and consistent with applicable consent arrangements.

Stars will generally use or disclose personal information for the purpose for which it was collected, or for another purpose where the individual has consented or where permitted or required by law.

Sensitive information will only be used or disclosed for the primary purpose of collection, a directly related secondary purpose within the individual’s reasonable expectations, with consent, or as otherwise permitted or required by law.

Wherever practicable and appropriate, Stars will use aggregated or de-identified information for program evaluation, reporting and communication with funding partners.

Photographs, video and public communications

Stars may collect photographs, video recordings and student stories in connection with its programs and activities. Identifiable images, recordings and personal stories will only be used or disclosed publicly where appropriate consent or another lawful basis exists, consistent with Stars’ child safety and communications procedures.

Stars will respect applicable restrictions on the use of images and personal information and take particular care to protect the privacy and safety of children and young people.

5. Employee Records

Certain acts and practices relating directly to a current or former employment relationship and employee records may be exempt from the Australian Privacy Principles under the Privacy Act.

This exemption applies only to the extent provided by law. Stars will continue to manage employee information in accordance with applicable legal obligations and its internal confidentiality, information security and employment policies.

Personal information collected from employment applicants, contractors and volunteers will be managed in accordance with this Privacy Policy and applicable law.

6.  Data Security and Data Breaches

Stars takes reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure.

These measures may include secure electronic information systems, access controls, confidentiality requirements, staff training and appropriate safeguards for information shared with authorised third parties.

Stars retains personal information only for as long as reasonably necessary for its functions and activities, or as required by law. When personal information is no longer required, Stars will take reasonable steps to securely destroy or de-identify it, unless retention is required by law or an applicable legal exception applies.

Data breaches

Stars is committed to responding promptly and appropriately to actual or suspected data breaches.

Where a data breach occurs, Stars will take reasonable steps to contain the incident, assess the potential impact on affected individuals and implement appropriate remedial action.

Where required under the Notifiable Data Breaches scheme in the Privacy Act, Stars will notify affected individuals and the Office of the Australian Information Commissioner as soon as practicable.

Overseas disclosure

Stars Foundation primarily stores personal information in Australia. However, some of our external service providers may have personnel located overseas who may access personal information when providing authorised services.

In particular, our managed IT service provider, R-Group, has technical support personnel based in the Philippines who may access personal information in the course of providing IT support services.

Stars has contractual arrangements with its service providers requiring appropriate confidentiality, privacy and information security safeguards. We take reasonable steps to ensure that personal information accessed or disclosed overseas is handled consistently with applicable Australian privacy obligations.

7.  Accessing and Updating Personal Information

Stars takes reasonable steps to ensure that personal information it collects, uses and discloses is accurate, up-to-date, complete and relevant.

Individuals may request access to personal information held about them or request that information be corrected if it is inaccurate, out-of-date, incomplete, irrelevant or misleading.

Requests should be directed to:

Chief Executive Officer, Stars Foundation Limited

Email: [email protected]

Postal address: PO Box 577, Lilydale VIC 3140

Stars will respond to requests within a reasonable period and in accordance with the Privacy Act.

There is no charge for making an access or correction request. Where permitted by law, Stars may charge a reasonable fee for providing access to personal information, but not for making a request or correcting information.

In certain circumstances, Stars may be permitted or required to refuse access or correction. Where this occurs, Stars will provide reasons and information about available complaint mechanisms, as required by law.

8.  Enquiries and Privacy Complaints

Individuals who have questions or concerns about how Stars collects, uses, discloses or manages personal information may contact Stars using the details provided in Section 7.

Individuals who believe Stars has breached their privacy may lodge a complaint in writing.

Stars will acknowledge receipt of a privacy complaint, investigate the matter appropriately and seek to resolve it fairly and promptly.

Stars aims to respond to privacy complaints within 30 days. Where additional time is required, we will advise the complainant of the reason for the delay and the anticipated response timeframe.

If an individual is dissatisfied with Stars’ response, they may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

Website: www.oaic.gov.au                              Telephone: 1300 363 992

Stars will treat privacy complaints confidentially, subject to any disclosure necessary to investigate and resolve the complaint or comply with legal obligations.

9.  Changes to this Privacy Policy

Stars will review this Privacy Policy periodically, and at least annually, to ensure that it remains consistent with applicable legislation and the organisation’s information-handling practices.

Stars may amend this policy to reflect changes in legislation, regulatory guidance, organisational operations or privacy practices.

The current version of this Privacy Policy will be made available on the Stars Foundation website at www.starsfoundation.org.au.

The date of the most recent approved revision will be recorded in the policy’s document control information.