The collection, use and disclosure of personal information by TRA is subject to the Privacy Act 1988 (Privacy Act). Schedule 1 of the Privacy Act contains the Australian Privacy Principles (APPs), which prescribe the rules for handling personal information.
The Privacy Act defines ‘personal information’ as:
‘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’.
3.3.1 Privacy information
Under the APPs, the Department is required to have a clearly expressed and up to date policy about the way the Department manages personal information. This policy contains information about how you may access the personal information the Department holds about you, and how you may correct any inaccuracies in that information. We will correct your personal information if it is inaccurate (subject to restrictions on such access/alteration of records under the applicable provisions of any law of the Commonwealth).
It also includes information as to how you may make a complaint about a breach of the APPs, and how the Department will respond to such a complaint.
A copy of the Department’s privacy policy is available on the Department’s website at www.dewr.gov.au/privacy.
More information about the Privacy Act, including a copy of the full text of the APPs, can be obtained from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
3.3.2 Collection
TRA collects personal information from you for the purposes of:
- processing and assessing your applications for a skills assessment or review, under any of the TRA programs, as the relevant assessing authority for skilled occupations as specified in the Instruments made under the Migration Regulations 1994
- confirming authorisation by an applicant of his or her representative or migration agent, and to provide contact details for that representative or migration agent
- allowing you to make a payment of fees to TRA so you can lodge an application
- allowing TRA to confirm payment and process refunds as applicable
- conducting investigations and ensuring compliance with relevant laws, awards or standards
- ensuring compliance with the Commonwealth Fraud Control Guidelines (2011) through the investigation of fraud and the implementation of fraud prevention strategies.
Personal information collected by TRA will only be used for the purposes outlined above. If TRA is not able to collect your personal information, your application will not be able to proceed.
While assessing your application, TRA may receive unsolicited personal information about you from a third party. If TRA would normally have been able to collect that information or it forms a part of a Commonwealth record, it will be treated in accordance with the APPs. If not, TRA will destroy or de‐identify that information.
3.3.3 Disclosure
TRA may give some or all of the information it collects from you or third parties to Home Affairs, the Migration Review Tribunal, the Australian Federal Police, your nominated agent or representative, the organisations that issued your qualifications, TRA-approved registered training organisations, agencies providing advice to TRA on qualifications, the Australian Skills Quality Authority, the Reserve Bank of Australia, the Fair Work Ombudsman and other Australian and state/territory government agencies.
TRA may disclose your personal information to these entities for the reasons that are listed above in the collection section.
Personal information collected by TRA will not be disclosed to any other third party without your consent, except where authorised or required by law.
3.3.4 Complaints
Complaints about breaches of privacy should be referred to:
Privacy Officer
Legal Services
Department of Employment and Workplace Relations
GPO Box 9880
CANBERRA ACT 2601
Email: privacy@dewr.gov.au