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Confidentiality of Student Records Policy

This policy is currently under review.  It should be read in conjunction with the University's Privacy Policy.

Subject to the exceptions listed in paragraphs (a) to (d) of this policy, disclosure of Student Record Information is expressly forbidden. This includes information requested by students' relatives, police, solicitors, financial agencies or any other person or body. The student is entitled to expect freedom from unauthorised interference with, or use of, personal and academic information and freedom of any practice which is unreasonably embarrassing, intrusive or prejudicial.

Note 1

Police requests are to be distinguished from police demands to release information pursuant to a search warrant or subpoena. Any police request is to be referred to the Manager Student Administration, who will, if appropriate, take the matter up with the University Solicitor.

Note 2

Student permission for release of Student Record Information is an exception to the above prohibition. See exception (c) below.

Exceptions to Prohibition on Disclosure of Student Records or Student Record Information

(a) When required or authorised by law

Any release of information pursuant to a legal requirement or authority which under legislation or the common law is permitted.

(i)  Acts

There are a number of Federal and State Acts which require the release of confidential information and therefore override confidentiality policies. For example Taxation, Ombudsman, Social Security and criminal law enforcement legislation contain provisions of this kind. If a staff member receives a request or demand of this nature it should be referred to the Manager Student Administration, who will, if appropriate, take the matter up with the University Solicitor.

Examples of information released when required or authorised by law:

  • Austudy is informed of enrolment details if a student is receiving payments; 
  • Statistical details from a students enrolment form which do not identify the student, are released to the Department of Education, Science and Training (DEST); 
  • The Australian Tax Office is informed about a student's Higher Education Contribution Scheme (HECS) and the Postgraduate Education Loans Scheme (PELS) liabilities each semester; 
  • The Department of Immigration and Multicultural and Indigenous Affairs is given required information about international students;
  • Freedom of Information Act 1982 

The University's Freedom of Information Manager may access information and release it in compliance with the Act;

  • Subpoenas and Search Warrants

Information is given to the extent required by the documents. These documents must be referred to the University Solicitor who in appropriate consultation will determine the appropriate course of action.

(ii) University Legislation or Certain Contractual Agreements

Under University legislation or contractual agreements, it is sometimes necessary to release student information, e.g. to a returning officer from the State Electoral Commission appointed for the purposes of a student election; to consultants or other contracted parties engaged to examine University records processes.

(b) Emergencies

Student Record Information may be released to a relevant emergency service, the student's legal representative or other relevant person in the event of an accident or emergency or where the student is unable to manage his/her own affairs. It is very important to establish the bona fides of the person requesting the information but unnecessary delays must be avoided.

Note: Authority to release information in an emergency should be obtained from the Manager Student Administration unless to do so would cause unreasonable delay in the circumstances.

From time to time release of confidential information could be critical in the public interest and is permitted by law.

Examples:

  • Where imminent physical harm is involved. A student could be the aggressor or a potential victim. These situations could involve threatened or perceived self harm, including suicide.
  • Where valuable or important property is imminently at risk. For example threatened or suspected damage to University premises or to motor vehicles.

Apart from the humanitarian aspects, it is most important that emergency situations are handled appropriately because the University could be liable for substantial damages if its failure to release Student Record Information in emergency circumstances contributes to subsequent property damage or personal harm.

If the Manager Student Administration is unavailable, contact the Director of the Student and Staff Services Division or the University Solicitor or Deputy. After hours problems should be referred to Security.

(c) Student Access and Authorisation

A student may apply and gain access to his/her Student Record Information. A copy of information held may be given out on the authorisation of the student.

(d) Release of Information Within the University

The Division is to establish rules and guidelines, in particular reasonable security measures, governing access to, maintenance and use of Student Records and Student Record Information. These rules and guidelines must be observed by anyone accessing or using Student Record Information and Organizational Units which create and/or maintain Student Records or Student Information separately.

Note: The creation of separate Student Records or Student Record Information Systems must be developed in conjunction with The Division.

Information collected, maintained or disclosed is to be restricted to that necessary for the proper conduct and administration of the University and will include teaching and research.

Purpose

The objective of this policy is to ensure the safeguarding of confidential information concerning students from unauthorised disclosure.

Scope

This policy applies to all student data held within the University subject to any special arrangements agreed by the University which apply to data held by medical practitioners or other community service professionals employed by the University.

Definitions

Student Records - Student Records comprise all information relating to individual students, whether past or present, created, received or held by an employee of the University as part of the normal business processes of the University, in the form of a document, data base (however kept), photograph, graphic or photographic image linked to a student's identity, or in any other form. For the purposes of this policy Student Records or Student Record Information does not include Public Record or Public Record Information or statistical information based on or compiled from data which does not disclose the identity of individual students.

Public Record - Public Record or Public Record Information means information other than information required to be released by law, such as names and awards in graduation lists, lists of prize winners and information published in the official University publications.

Related Documents

None

Governing Documents

Responsibilities for Implementation

  • University wide - Deputy Vice Chancellor (Resources)
  • Faculty wide - Faculty Managers/Registrars, Deans

Review Schedule

Academic Board shall consider this policy for review three years after approval, or earlier if required.

Approved

Approved by the Deputy Vice-Chancellor (Academic and Planning) on 2 December 2002