Make a privacy complaint to the Department of Education

A privacy complaint is a concern raised about departmental processes, staff or services associated with the collection, handling or sharing of personal or health information.

A privacy complaint can only be made by the individual whose privacy has been breached or someone acting on their behalf. If acting on someone’s behalf, you may be asked to provide documentation to that effect.

Ways to make a complaint

Complete our online form

Make a privacy complaint

The form will be received by the privacy team who will prepare a response.

Other ways to make a complaint

Complaints can be made verbally or in writing to the privacy team or to a regional office. Regional offices will refer any privacy complaints to the privacy team for response.

If a complaint is made to the Office of the Victorian Information Commissioner (OVIC) or the Office of the Victorian Health Complaints Commissioner (HCC), or other appropriate regulatory agency, these Offices will confirm first that the department has had the opportunity to respond directly.

Complaints about the handling of personal information on the Child Link Register will be responded to by the department’s privacy team. For all other complaints relating to Child Link, email childlink@education.vic.gov.au or contact the Child Link Enquiry Line at 1800 549 646.

What to include in a complaint

When making a complaint, we need to know the following:

• who you are and your contact details
• the name of the person whose privacy has been breached
• if acting on someone else’s behalf, your relationship to this person
• the school or area of the department you have been interacting with
• what happened and how you become aware of this
• where it happened
• when it happened
• who was involved (names and roles)
• what effect this has had on you or the person you are making the complaint on behalf of
• what outcome you would like to see from this complaint.

Time limits for complaints

Reasons for an extended period of investigation might include:

• temporary absence of people within the department or service relevant to the complaint
• temporary absence of people outside of the department or service relevant to the complaint (for example: witnesses not employed by the department)
• complex nature of a complaint requiring extensive consultation or inquiry.

Investigating a complaint

Privacy complaints are investigated by the department’s privacy officers, who are experienced in understanding and applying the Victorian Information Privacy Principles and the Victorian Health Privacy Principles.

The privacy officer’s role in the complaints handling process is to investigate and resolve complaints appropriately. In responding to a complaint, the privacy officer will ensure that all relevant information is received from the complainant to help them in their investigation, and may contact the complainant to clarify any details.

To fulfil this role, the privacy officer will:

• be a contact point for general advice for any person considering and/or making a complaint about information privacy
• receive any complaint made orally or in writing
• document any complaint made orally
• if a complaint is on behalf of someone else, seek and obtain authorisation from that person in writing
• assist the complainant, if necessary, to clarify their complaint
• impartially investigate and assess the complaint, gathering any information they need to do so
• consider and develop options for resolution. This step may include engaging with the business area or school involved, other areas within the department, and/or the complainant
• prepare a proposed response to the complaint
• advise the complainant if it is unlikely the complaint is capable of resolution within 20 working days.

Departmental response to a complaint

The department will provide the complainant with a written response to a complaint, including a full response to the details of the complaint and the reasons for its response.

The communication will also advise the complainant of the right to appeal to the Office of the Victorian Privacy Commissioner or the Health Services Commissioner or other appropriate regulatory agency, if the complainant remains dissatisfied.

Record keeping of privacy complaints

The department retains the details of privacy complaints in a secure location where access is restricted to the privacy team.

Privacy complaints are also logged in a register, in the same secure location, which allows the department to monitor the number and types of complaints made, the outcome of those complaints, and to identify any improvements to processes or practices that may come out of a privacy complaint.

Contact information

The privacy team can be contacted by phone or email during business hours:

• Phone: (03) 8688 7967
• Email: privacy@education.vic.gov.au

The Office of the Victorian Information Commissioner can be contacted via:

• Web: Office of the Victorian Information Commissioner
• Phone: 1300 006 842
• Email: privacy@ovic.vic.gov.au

The Office of the Victorian Health Complaints Commissioner can be contacted via:

• Web: Office of the Victorian Health Complaints Commissioner
• Phone: 1300 582 113