New privacy laws introduced
In late 2001, new private-sector provisions were introduced by the Privacy Amendment (Private Sector) Act 2000 to the Privacy Act 1988 (Cth).

The new provisions came into effect on 21 December 2001 for larger organisations (annual turnover of $3 million or more) while smaller companies (annual turnover below $3 million) will have until 21 December 2002 to comply.

The new provisions aim to give people greater control over the way information about them is handled by requiring organisations to comply with 10 National Privacy Principles (NPPs). The NPPs cover collection (NPP 1), use and disclosure (NPP 2), data quality (NPP 3), data security (NPP 4), openness (NPP 5), access and correction (NPP 6), identifiers (NPP 7), anonymity (NPP 8), transborder flow of data (NPP 9), and sensitive information (NPP 10).

As a recruiter, how will these new provisions effect me?
With recruitment businesses based around collecting personal information, and the employer record exemption likely to apply only on occasions, recruiters will have to examine their processes and practices closely to ensure compliance.

A lawyer with Hunt & Hunt Lawyers based in Brisbane, Andrew Wood, has studied the privacy laws as they relate to recruiters. He pinpoints three main areas of concern: 

1. Reference checking
   Reference checking, he says, particularly of sources outside the candidate's nominated list, will often reveal personal and even sensitive information. "The agency might not have a lot of control about the flood of information that's being provided," Wood says. "Sometimes you can't stop a person from offering private information about someone else. So there's a risk here: the collection needs to be very well managed, particularly since candidates will have legal access to this data."
2. Shortlisting
   This process, where agencies form an opinion of a candidates' suitability for a job, will now be open to the scrutiny of candidates. Wood says "Candidates are going to be interested to know why they were successful and, more particularly, why they were unsuccessful in being shortlisted. So there will be a significant impact on how decisions are made during shortlisting."
3. Subsequent disclosure of information following shortlisting
   The way in which candidate information is subsequently disclosed after its primary usage may also be of concern. "Disclosure of that information will only be able to take place with the consent of the candidate," Wood says. "Recruiters will have to establish for each new candidate or CV whether they have consent to disclose the personal information gathered to other possible employers."

Recruiters' existing resume databases will cause minor concerns, principally around use and disclosure (NPP 2). For new resumes (added after December 21, 2001), appropriate consent for use and disclosure should be explicitly sought from the candidate, rather than relying on the implied consent of submission. The new laws also require that once the information passes its use-by date, so that it is no longer needed, the recruiter will have to take steps to destroy or permanently de-identify it.

Wood says that recruiters who also act as labour hire firms face a particularly challenging time. "I can see a situation developing where in one week a candidate might be a direct employee, in another week an applicant for employment, and in another week an independent contractor. The agency will accumulate a vast amount of material about that person's capabilities and develop a large number of opinions about that person's performance and suitability. It's going to be a dreadful job determining what of that record satisfies the employer record exception requirements."

FastTrack and Privacy
As a company, FastTrack is committed to complying with the provisions of the privacy act. See below for a copy of our corporate privacy statement.

The Spam Act 2003 became law in December 2003. However, enforcement of penalty provisions outlined in the Act was postponed to ensure that businesses could learn about the Act, assess its impact and implement anti-spam policies. Penalties for breaching the Spam Act become enforceable from April 10, 2004.

As the leading provider of recruitment software solutions, we understand the importance of legislative compliance. We also believe in building long-term relationships and in providing added value to our clients.

With this in mind, we have made it our business to understand Australia's new Spam Act, its implications and be compliant with email and SMS best practice.

Some Spam facts

• The term 'Spam' refers to unsolicited commercial electronic messaging - including email, SMS, MMS and instant messaging.
• Penalties include fines of up to $220,000 for a one day breaches. If Spam continues after a first warning, the sender can be fined up to $1.1 million.
• The Spam Act covers all spam originating in Australia being sent to any destination
• The Spam Act covers all spam originating overseas being sent to an address accessed in Australia.

Avoid the heavy fines imposed on companies in breach of the legislation by ensuring you understand your obligations under the Spam Act 2003.

Our promise to you
Rest assured that FastTrack will adhere to the new Act. To ensure you enjoy the best possible online experience, all we require is your consent to receive the latest industry related information, include the ftp: newsletter - when it is ready to go online - via email. If we don't hear from you, we will no longer send you electronic correspondence, until we obtain your consent at a later date.

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