In 2001, the Federal Government introduced laws to regulate the way private sector organisations collect, use, keep secure and disclose personal information.
As the Construction Industry Long Service Leave Board is a “State Authority” as defined in the Privacy Act, the laws and National Privacy Principles prescribed in the Act do not apply to the Board.
The Board has in place an internal framework which balances the rights and interests of clients with the need to acquire and retain information necessary for the effective administration of the portable long service leave scheme.
Why is information collected and kept?
The Board collects and retains information from employers and workers, as required by the Construction Industry Long Service Leave Act, 1987 to determine a worker’s eligibility and entitlement to portable long service leave in the construction industry.
What information is kept?
The Board’s database includes personal information such as the worker’s name, address, telephone and other contact details and records of employment histories within the construction industry.
Data held on file includes the company name, address, telephone and other contact details recorded by the Board, data submitted on employer return forms and details of all financial transactions with the Board.
No record is kept of clients accessing the website for information purposes only.
How long is information kept?
Records are kept indefinitely as the scheme provides for itinerant work patterns. Workers can leave and re-enter the construction industry, adding to their previous entitlement. Service history therefore needs to be retained in respect of all prior worker service accruals.
Who may access records?
Workers are able to access their own personal information recorded by the Board. This includes service information supplied by employers on their behalf through the lodgement of employer return forms.
Employers can access their own personal data, historical returns data and financial transactions with the Board. Employers are also able to access the history of their current workers’ service accruals. This is however restricted to service with that employer.
In the pursuit of their duties in administering the scheme, authorised CBS staff may access records of employers and workers.
The reciprocal agreement which operates between schemes in all States of Australia (excluding the Northern Territory) provides for the exchange of worker service details upon the request/authorisation of the worker. This allows for the combining of service entitlements accrued in more than one state and the eventual payment of that entitlement.
Third parties are denied access to any information retained by the Board. The exceptions to this are Government agencies operating under their own legislation. ie. Australian Taxation Office, Centrelink.
Information that is aggregated and does not therefore identify an individual, may be released for reporting purposes. ie. annual report, actuarial review, Board statistical reports.
How can records be accessed?
There are several ways in which personal data held by the Board may be accessed.
Personal records can be accessed through the Internet, telephone/email or attendance at the Board’s office. Proof of identity will be required. Internet access (for enquiry, correction, lodgement purposes) will be facilitated through a username (employer) and registration number (worker) in conjunction with a nominated password.