Privacy policy

Privacy Statement

ACECQA is committed to protecting personal information in accordance with our obligations under the Privacy Act 1988 (Cth). 

ACECQA has adopted the layered privacy policy format. This webpage provides you with a succinct overview of how ACECQA handles personal information. 

Our complete Privacy Policy can be accessed in the resources section on the right. 

Both this condensed privacy statement and the complete Privacy Policy were last updated in January 2024. 

Legislative context 

The Education and Care Services National Law (the National Law), as enacted in all the states and territories, established a national system to regulate education and care services for children. 

The National Law and Regulations apply the Privacy Act 1988 (Cth) (the Privacy Act) to regulatory authorities and ACECQA for the purposes of the National Quality Framework (NQF) (section 263, regulation 199). The National Regulations modify the way the Privacy Act applies for the purposes of the National Quality Framework.

Collection and holding personal information

ACECQA only collects personal information for purposes which are directly related to its functions or activities, and only when it is necessary for or directly related to those purposes. These purposes include the following:

• guiding the implementation and administration of the National Quality Framework 
• promoting national consistency in its application
• reporting, publishing and advising on the National Quality Framework
• keeping national information on the assessment, rating and regulation of education and care services
• publishing, monitoring and reviewing ratings of education and care services
• establishing, maintaining and publishing national registers of approved providers and education and care services
• processing applications for assessment of equivalent qualifications, skills assessments, reviews of assessments and applications for an Excellent rating and conducting reviews of rating levels 
• responding to enquiries
• training of regulatory authority staff 
• seeking feedback on ACECQA’s functions and activities to improve its services
• for the purposes of research related to children’s education and care
• selection, recruitment and engagement of staff, consultants and contractors
• assisting the Australian Government and Services Australia in respect of the Family Assistance Law.

ACECQA will usually collect personal information directly from the individual, either in person, in correspondence, in an application form, over the phone or over the internet. Sometimes ACECQA will collect personal information from another third party, for instance from other bodies administering the NQF, the Australian Government in relation to the Family Assistance Law, or a publicly available source. ACECQA collects information from contracted service providers who work on our behalf to conduct online knowledge assessments and provide e-learning modules.

ACECQA may receive personal information about third parties from individuals in the documents they provide to ACECQA. Collection of this information is sometimes required or authorised by the National Law, for example when it forms part of an application for provider or service approval. Otherwise, where it is reasonable and practicable, ACECQA collects personal information about an individual from the individual or with their consent.  From time to time, ACECQA may receive unsolicited personal information. ACECQA will determine if the personal information, if it were solicited, would be reasonably necessary for, or directly related to ACECQA's functions or activities. Where it is not, ACECQA will destroy or de-identify the information, unless if is unlawful or unreasonable to do so.

What is personal information?

In this statement and ACECQA’s privacy policy, the definition of ‘personal information’ has the same meaning as defined by the Privacy Act:

• 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.

Examples of personal information include a person’s name and address, a photograph, details of someone’s educational qualifications or an email address.

ACECQA Website Collection

ACECQA does not collect personal information from individuals who only browse our websites (www.acecqa.gov.au and StartingBlocks.gov.au). Individuals may make enquiries of ACECQA anonymously.

ACECQA will collect personal information from individuals that choose to complete online forms or contact us by email, for example when individuals:

• ask to be on an email list such as the ACECQA email subscription
• make a written enquiry to ACECQA via our websites or by email
• send an application or notification to ACECQA via our websites,  the National Quality Agenda IT System, or email
• complete an online survey on ACECQA's website. 

Email subscriptions and conditions of subscription

Your personal information is collected for the purpose of maintaining ACECQA’s mailing lists and answering your queries. This information will not be disclosed except as authorised by law.

The following conditions apply to subscriptions to our mailing lists.

• Subscribers may cancel their subscription to the mailing lists at any time.
• A subscription can be cancelled by emailing [email protected] with “Unsubscribe” in the subject line of the email or by clicking 'Unsubscribe' at the end of the email, where applicable. 
• ACECQA reserves the right to change the frequency with which updates are forwarded to subscribers.

When an individual looks at the ACECQA website, the hosting service provider makes a record of the individual’s visit and logs (in server logs) the following information for statistical purposes:

• the individual’s IP address
• the individual’s top level domain name (for example .com, .gov, .org, .au, etc)
• the pages the individual accessed and documents downloaded
• the previous site the individual visited, and
• the type of browser being used.

ACECQA does not identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider's server logs.

NQA ITS

ACECQA, the regulatory authorities and the Australian Government collect information on this system for the purposes of assessing applications and processing notifications under the National Law and Family Assistance Law. The regulatory authorities and Australian Government also collect information on this system for purposes related to carrying out their functions under the National Law. ACECQA holds this information in the NQA ITS.

Regulatory authorities, the Australian Government and ACECQA may use and disclose personal information in accordance with the National Law and Family Assistance Law.

For example, the information on the IT system may be disclosed to other authorities or government agencies, or published, in accordance with the National Law and Family Assistance Law.

ACECQA may disclose personal information to contracted service providers who work on ACECQA's behalf to conduct online knowledge assessments and provide e-learning modules. If the requested information is not provided, an application may not be able to be assessed, or it may be refused. Penalties may apply if information is not provided that you must provide under the National Law.

Disclosure of personal information overseas

ACECQA may disclose personal information overseas when:

• we publish information on the internet that contains personal information, such as in our national registers, reports, photographs, video and audio recordings and posts and comments on social media
• when we are required to confirm the validity of documents relating to qualifications or skilled migration applications or require further information in relation to these applications

When we disclose personal information in this way, it is required or authorised by the National Law and/or we seek your consent.

Privacy Impact Assessment Register

We publish the list of Privacy Impact Assessments we have completed since 1 July 2022.

We do a Privacy Impact Assessment for all projects that:

• involve a significant change to how we manage personal information
• might have a significant impact on the privacy of individuals.

Complaints

If you have concerns about how ACECQA has handled your personal information or believe there has been a breach of the Australian Privacy Principles, you can raise this with ACECQA.

By email: 
[email protected]

By post:
Privacy Contact Officer
ACECQA
PO Box 358
Darlinghurst NSW 1300

ACECQA will attempt to resolve your concerns. If you are not satisfied, you are able to complain to the National Education and Care Services Privacy Commissioner.