Guidelines on OH&S and privacy established

By Brenda Seymour

Federation has settled terms with the Department of Education and Training about teacher responsibilities in the interaction between the Privacy and Personal Information Act and the Occupational Health and Safety Act.

These settlement terms outline, for example, under what conditions Federation members can disclose information about a student to the union.

Arising out of the Privacy and Personal Information Act responsibilities, Federation was concerned members might feel that they couldn't disclose information about an unsafe or potentially unsafe situation at their workplace.

Members in schools who are responsible for the enrolment of students, particularly students with a documented history of violence, students with disabilities and students with behaviour problems, must do so having regard to the duty of care owed to both the staff and students of their school and the student seeking enrolment. Such teachers also have obligations under relevant occupational health and safety legislation.

Members should continue to feel confident that they can inform the Federation of any unsafe or potentially unsafe situation. The name of the student(s) can be disclosed to an authorised officer of the Federation under the Industrial Relations Act. The name of the student can be characterised as for example, the '2003 student' at a particular workplace, if the member is uncertain whether the information will be received by an authorised officer.

Following the lodgement of a dispute in the Industrial Relations Commission, the drafting and introduction of public sector-wide guidelines dealing with the interaction of the two Acts were expedited, leading to the terms of settlement.

Federation argued that industrial relations legislation and occupational health and safety legislation might require personal information to be disclosed in certain circumstances.

The union is mindful of the requirements of both the NSW and Federal privacy legislation and only requires information where it is relevant and necessary to Federation's role of representing the interests of its membership.

Federation has demonstrated a professional and ethical approach to managing confidential information and will continue to do so.

Brenda Seymour is the Assistant General Secretary (Research and Industrial). Federation has publications on the enrolment of students with disabilities and students with a documented history of violence.

For further information

August 2003 contents