Private Employment Agents (Code of Conduct) Regulation 2005

Information Statement for Work Seekers (Other than Models and Performers)

Your relationship with a private employment agency is regulated by the Commonwealth and State Laws, in particular the Private Employment Agents Act 2005.

Prior to providing you with a placement and employment services, we are obliged as a private employment agent, to provide you as a work seeker the following information:

• We must not charge you a fee for finding, or attempting to find work for you in contravention of section 408D of the Industrial Relations Act 1999.
• We and our employees have a working knowledge of State and Commonwealth Legislation affecting the placement and employment of work seekers.
• We will ensure all placements are made in accordance with any relative legislative requirements.
• If you believe your agent has acted illegally, inappropriately or in a false or misleading way, you may obtain information about action that can be taken from the Department of Industrial Relations, GPO Box 69, Brisbane QLD 4001.

Agents Name: MLKA Hospitality Recruitment

Agents Address: PO Box 3440, Hervey Bay QLD 4655

Agents Phone Number: 07 41288400 

This document sets out the policy of MLKA Hospitality Recruitment in relation to the handling of personal and sensitive information. The National Privacy Principles established by the Privacy Act 1988 apply to MLKA Hospitality Recruitment, from herein known as MLKA.

MLKA respects the privacy rights of all individuals in the workplace. Furthermore, we are committed to ensuring that all Directors and others involved in the management of MLKA comply at all times with their obligations under the Privacy Act 1988 (Cth).

Personal information that we collect and hold usually falls into the following categories:

• Candidate information submitted and obtained from the candidate and other sources in connection with applications for work; Work performance information; Information about incidents in the workplace; Staff information; Information submitted and obtained in relation to absences from work due to leave, illness or other causes; Information obtained to assist in managing client and business relationships 
• Information documenting the work history of candidates and temporary workers (such as letters of appointment, bank account details, and tax file numbers)

We primarily hold personal information for the following: 

• Placements, Recruitment; Staff management; Training; Client and business relationship management; To ensure we are meeting our obligations under relevant legislation, as well as contract of employment; 
• Allowing appropriate insurance coverage for employees.

We may disclose your personal information for the purposes for which it is primarily held or for a related secondary purpose. Where the personal information used or disclosed is also sensitive information, use and/or disclosure of that information is directly related to the primary purpose of collection.

Your personal and sensitive information may be disclosed to:

• Potential and actual employers and clients of MLKA; Referees;
• To former employers when verifying dates of employment.
• Any person with a lawful entitlement to obtain the information, for example taxation and superannuation bodies. In some cases, we may only disclose information with your consent.

We may disclose your personal information where we are under a legal duty to do so, including circumstances where we are under a lawful duty of care to disclose information.

MLKA respects the privacy of individuals and will ensure the security of personal information.

To comply with the National Privacy Principle NPP4.1, the following steps have been put into place:

• Physical security measures to prevent unauthorised access to information, including locks to all doors; 
• Internal security systems to detect unauthorised access to filing cabinets. In conjunction with this, measures have been implemented to include user passwords to access company databases, confirmation of facsimile numbers prior to sending personal information, confirming identity prior to giving out personal information over the telephone.

To comply with NPP4.2, MLKA will only use or disclose personal information for the primary purpose of collection. Where the information collected is no longer needed for any purpose for which the information may be used or disclosed as identified, it will be destroyed by secure means such as shredding, pulping or disintegration of paper.

In addition, MLKA staff members are fully trained in all aspects of the National Privacy Policy.

Furthermore, any entities MLKA may outsource for any functions will need to provide MLKA with proof of their compliance with the National Privacy Principals. CONTRACTORS We contract out a number of services from time to time. Our contractors may see some of your personal information. Typically our contractors would include: 

• I.T contractors and database designers 

You can make further inquiries or complaints about our privacy policies to our Privacy Coordinator whose contact details are:

Privacy Coordinator
Phone: 07 41288400
Fax: 07 41288444 

You can also make complaints to the Office of the Federal Privacy Commissioner.

Subject to some exceptions that are set out in the National Privacy Principles, you can gain access to the personal information that we hold about you. We do refuse access if it would interfere with the privacy rights of other persons or if it would breach any confidentiality that attaches to that information. If you wish to obtain access to your personal information you should contact our Privacy Coordinator. You will need to be in a position to verify your identity.

We might impose a moderate charge in providing access. Our Privacy Coordinator would discuss these with you.

You should also anticipate that it may take a little time to process your application for access as there may be a need to retrieve information from storage and review information in order to determine what information may be provided.

Personal information is any information or an opinion (whether true or not) about you. It may range from the very sensitive (eg. Medical history and condition) to the everyday (eg. Address and phone number). It would include the opinions of others about your work performance (whether true or not), your work experience and qualifications, aptitude test results and other information obtained by us in connection with your possible work placements. Personal information includes sensitive information.

Sensitive information is a special category of personal information. It is information or opinion about your:

• Racial or ethnic origin; Political opinion; Membership of a political association or religious beliefs, affiliations or philosophical beliefs; Membership of a professional or trade association or membership of a trade union; Sexual practices or preferences; Criminal record; Health or disability (at any time); 
• Expressed wishes about the future provision of health services. It includes personal information collected to provide a health service.

Sensitive information can, in most cases, only be disclosed with your consent. 

MLKA will not collect sensitive information except where we have your consent or otherwise provided under NPP10.1:
10.1 An organisation must not collect sensitive information about an individual unless: 

• A. the individual has consented; or
• B. the collection is required by law; or
• C. the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns;
• i. is physically or legally incapable of giving consent to the collection; or
• ii. physically cannot communicate consent to the collection; or
• iii. if the information is collected in the course of the activities of a non-profit organisation, the following conditions are satisfied:
• iv. the information relates solely to the members of the organisation of to individuals who have regular contact with it in connection with its activities;
• v. at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that the organisation will not disclose the information without the individuals consent;
• vi. the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

Your personal and sensitive information will be collected by MLKA Hospitality Recruitment here in referred to as MLKA, for its own use and on behalf of other members or affiliates who might require access to your personal and sensitive information in connection with your work placements.

If you wish to contact us about your personal or sensitive information you should contact:

Privacy Coordinator
Phone: (07) 41288400
Fax: (07) 41288444

During normal office hours which are Monday to Friday, 8:30am to 5:00pm.

Personal and sensitive information will be collected from you directly when you fill out and submit one of our Application Forms or any other information in connection with your application to us for registration. Personal and sensitive information will also be collected when:

• We receive any reference about you; We receive results of inquiries that we might make of your former employers, work colleagues, professional associations or registration body;
• We receive the results of any competency or medical test;
• We receive performance feedback (whether positive or negative);
• We receive any complaint from or about you in the workplace;
• We receive any information about a workplace accident in which you are involved;
• We receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved;
• You provide us with any additional information about you.

Your personal and sensitive information may be used in connection with:

• Your actual or possible work placement; Your performance appraisals;
• Our assessment of your ongoing performance and prospects;
• Any test or assessment (including medical tests and assessments) that you might be required to undergo;
• Our identification of your training needs;
• Any workplace rehabilitation;
• Our management of any complaint, investigation or inquiry in which you are involved;
• Any insurance claim or proposal that requires disclosure of your personal or sensitive information.

• Potential and actual employers and clients of MLKA; Referees; Other members or affiliates, such as Our insurers;
• A professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
• A Workers Compensation body;
• Our contractors and suppliers - eg Our I.T contractors and database designers, psychological assessment contractors, & accounting services;
• Any person with a lawful entitlement to obtain the information, for example taxation & superannuation bodies.

If you do not give us the information we seek:

• We may be limited in our ability to locate suitable work for you;
• We may be limited in our ability to place you in work.

We endeavour to ensure that all personal information collected, used and disclosed is accurate, complete and up-to-date. Where possible, we will take appropriate action to confirm that personal information received from third parties is also accurate, complete and up-to-date. Subject to some exceptions which are set out in the National Privacy Principles (NPP) (Principle 6 - Access and Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold. You can gain access to your information to correct it if it is wrong. In the event that access to information or a request to correct personal information is refused, we will provide you with reasons for that decision. If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up-to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date. If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to-date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date. In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access. A request for access that is frivolous or vexatious will not be accommodated. If you wish to exercise your rights of access and correction you should contact our Privacy Coordinator, whose details are shown above.

PLEASE NOTE:

Our obligations under the Privacy Act 1988 (Cth) state that Candidates are not obliged to sign a "Collection Statement"; organisations are obliged to give a "Collection Statement". We have included this notation so that you, our Candidate, are informed as to what steps we may undertake in collecting, using and disclosing your personal information. Should you have any questions pertaining to this Statement, please contact our Privacy Coordinator, via phone during business hours on 07 41288400.