Privacy statement

Statement of commitment

HenderCare is committed to protecting an individual's right to privacy and to full compliance with its obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth) (the Act). In particular, HenderCare will comply with its obligations in the Australian Privacy Principles (APPs) contained in the Act. This Privacy and Collection Statement explains some of the APPs and how they may apply to you.

What is personal information?

Personal information is any information or an opinion (whether true or not) about you, as defined in the Act. It may range from the very sensitive (e.g. medical history or condition) to the everyday (e.g. 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. Sensitive information can, in most cases, only be disclosed with your consent.

We do not collect or use personal information for the purpose of unlawful discrimination.

Who will be collecting your personal information?

Your personal information will be collected by HenderCare for its own use and on behalf of any other division of the Hender Group that might require access to your personal information in connection with your work placements. The other members of the Hender Group are currently Hender Consulting, Hender Contracting, Entrée Recruitment and Hender Careers.

Your personal information may be held by HenderCare at its offices in Adelaide, Melbourne and Perth. Some of your personal information may be held on portable devices such as mobile phones, laptop computers or in diaries operated and held by our staff members.

How will your information be collected?

Personal information may be collected from you when you submit any information in connection with your application to us for registration or when you fill out and submit one of our registration forms.

Personal information may also be collected in the following non-exhaustive circumstances:

  • you attend an interview with one of our staff or are interviewed by other means by one of our staff
  • during telephone conversations with HenderCare (please note that all calls to and from HenderCare may be recorded for training, quality or verification purposes)
  • 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 or incident 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
  • we receive a response from a job advertisement either written, verbal or email
  • we receive the outcomes of a psychological or medical assessment
  • we receive the outcome from a Criminal History Record Check
  • we receive a Working With Children Check, or any other clearance (including aged care) which HenderCare directs you to obtain
  • we receive a statutory declaration from you
  • you provide us with any additional information about yourself including banking, taxation, superannuation and other details in relation to the payroll function

If we reasonably believe that your being in, or remaining in, a position might present a risk to your health and safety or to that of others for whose health and safety we are responsible, we may collect relevant personal information (including health information) that will allow us to manage that risk.

You can visit our website and browse without the need to disclose any personal information. You may forward an email to us via the email link in our website. We will add your details to our database, unless you have specified that we do not do so.

How will your information be used?

Your personal information may be used in connection with:

  • your actual or possible work placement
  • payment for work completed on a temporary/contract assignment
  • 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 information
  • any reference that we may give concerning your work
  • our statutory compliance obligations

Who may your personal information be disclosed to?

  • potential and actual end users and clients of HenderCare
  • referees
  • a personal who seeks a reference about you
  • other divisions of the Hender Group
  • our insurers
  • a professional association or registration body that has a proper interest in the disclosure of your personal information
  • a Workers Compensation body
  • our contractors and suppliers – e.g. our I.T. contractors, database designers, payroll, superannuation, insurance and WorkCover providers
  • a parent, guardian, holder of an enduring power of attorney (or like authority) or next of kin whom we may contact in any case in which consent is required or notification is to be given and where it is not practicable to obtain it from or give it directly to you
  • government departments
  • any person with a lawful entitlement to obtain the information

Legal requirements for personal information

Some laws such as taxation law, immigration law, laws regulating employment agencies, laws relating to national securities, laws relating to professional or trade registration and laws for the protection of certain classes of people (such as children, people with a disability or the elderly) may require that we collect certain types of information (including criminal history and evidence of your right to work) from you that is relevant to the position(s) for which you may be applying.

The following Australian laws require or authorise our collection of personal information from you:

  • Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth);
  • Private Employment Agents (Code of Conduct) Regulation 2005 (Qld), Employment Agents Registration Act 1993 (SA) and Employment Agents Registration Regulations 2010 (SA), Employment Agents Act 1983 (Vic), Employment Agents Act 1996 (NSW) and Employment Agents Act 1976 (WA)
  • Minimum Conditions of Employment Act 1993 (WA)
  • Fair Work Act 2009 (Cth) and Industrial Relations Act 1996 (Cth)
  • Long Service Leave Act 1987 (SA), Long Service Leave Act 1958 (WA), Long Service Leave Act 1955 (NSW), Long Service Leave Act 1992 (Vic) and Industrial Relations Act 1999 (Qld)
  • Aged Care Act 1997 (Cth)
  • Disability Services Act 1986 (Cth) and Disability Services (Rights, Protection and Inclusion) Amendment Act 2013 (Cth);
  • Children’s Protection Act 1993 (SA), Children and Community Services Act 2004 (WA), and Children, Youth and Families Act 2005 (Vic)
  • Sex Discrimination Act 1984 (Cth) and Workplace Gender Equality Act 2012 (Cth)
  • Racial Discrimination Act 1975 (Cth)
  • Work Health and Safety Act 2012 (SA), Work Health and Safety Act 2011 (NSW), Occupational Health and Safety Act 2004 (Vic), Work Health and Safety Act 2011 (Qld), and Occupation Safety and Health Act 1984 (WA)
  • Return to Work Act 2014 (SA), Workers' Compensation and Rehabilitation Act 2003 (Qld), Accident Compensation (WorkCover Insurance) Act 1993 (Vic) and Workers Compensation and Injury Management Act 1981(WA)

There may be cases where our duties require us to obtain and disclose certain types of personal information relevant to specific jobs. When requesting information of this type from you we will endeavour to tell you whether the supply of that information by you is mandatory or voluntary.

If you do not give us the information we seek

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

Security of your personal information

Your personal information may be stored either in hardcopy or electronically. HenderCare has security procedures in place to ensure the protection of your personal information.

Electronic Transactions

We conduct transactions electronically as well as in hard copy and by face to face measures. It is important that you understand that there are risks associated with the use of electronic technologies and the use of the internet and you should take all appropriate steps to protect your personal information. It is unlikely that your personal information will be disclosed to overseas recipients.

Access to your information

You can request to access the personal information that HenderCare holds in relation to you and seek the correction of such information. HenderCare will determine this request in accordance with its obligations under the Act and APPs.

In some cases we may impose a moderate charge for providing access to personal information. We will not charge you simply because you lodge a request for access.

How to contact us

If you wish to contact us about your personal information, make a complaint about a breach of the APP or a registered APP code (if any) you should contact our Privacy Officer Amanda Blight, during normal office hours 8.30am - 5.30pm on 08 8100 8856, or mail to Level 3, 81 Flinders Street, Adelaide SA 5000.