P: 1300 26 27 21

E: info@cobra1.com.au

 
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ABOUT Cobra Training Services ( CTS )

Cobra Training Services (referred herein as CTS) is an Equal Opportunity Organisation engaged in the provision of Accredited Training under the auspice of the Australian Quality Training Framework and ASQA.  CTS policy dictates a strict adherence to relevant state and federal legislation relating to safety, industrial relations, access and equity. All accredited courses/statements of attainment will be delivered in line with the standards set by the Australian Quality Framework and relevant federal, state, and territory authorities. All CTS staff members are expected to promote and embrace CTS’s standards, policies, and procedures.
 

RTO CODE OF PRACTICE - PARTICIPANT HANDBOOK

The RTO is committed to delivering fair, reasonable, and ethical dealings in all of its undertakings including:

·    Client information

·    Confidentiality / Privacy Policy

·    Complaints and appeals

·    Fee structure

·    Training standards

·    Marketing

·    Access and equity

·    OHS

CONDITIONS OF ENROLMENT

CTS agrees to provide access to available enrolment positions for all persons who have the relevant skills, experience, and ability to satisfactorily meet enrolment requirements for behaviour, safety, course/qualification pre-requisites, payment of fees, and the observance of CTS policy.

CTS may seek to terminate the enrolment of a student if they:

·         Do not comply with proper safety procedures including the wearing of appropriate clothing and PPE for a given workplace when training occurs in an on the job or simulated workplace situation.

·         Fail to attend training sessions to a minimum level set for competence.

·         Have not accurately or honestly disclosed all information relevant to their enrolment and participation in the training with CTS including relevant matters relating to health, work history, skills and experience, criminal conviction (where appropriate) etc.

·         Has provided false or misleading information.

·         Commit an offence under the law while in the training environment or at a workplace, breaches safe work practice, or otherwise acts in a manner detrimental to the wellbeing of CTS, other students or persons, or themselves.

·         Do not comply with the confidentiality rights of other persons.

Participants Charter

All participants in the RTO’s courses and programs have a right to:

·    Be treated with respect and dignity

·    A safe learning environment free from danger, abuse or harassment

·    Recognition of their particular needs & circumstances including: beliefs, ethnic background, cultural & religious practices

·    Have access to their own records on request

·    The opportunity for feedback on services provided

·    Receive a copy of and have access to our complaints process

Participant Responsibility

As a condition of entry into the RTO’s programs, participants are expected to:

·     Respect the rights of others

·     Be punctual for classes and appointments

·     Notify the RTO if they are unable to attend classes or appointments

·     Promote an effective learning environment through good personal behaviour

·     Encourage equal opportunity

·     Observe any non-smoking restrictions

·     Seek approval from authorised CTS staff for the use of any RTO equipment, assets, stationary, etc

·     Be responsible for their own possessions

·     Be aware of and promote the safety of themselves and others

·     Meet the required dress standards designated for particular programs.

INDUCTION/orientation

All students will undergo an induction/orientation prior to course commencement. This process will include details on course delivery, policies, procedures, appeals, access and equity, RPL, OHS, etc.

PRE-DELIVERY ASSESSMENT

Prior to enrolment you should discuss your needs and situation with any CTS staff member who can assist you with or refer you to appropriate assistance for:

·       Client Support Services including Language Literacy & Numeracy  (LLN)

·       Recognition of Prior Learning (RPL)

·       Learning Pathways

·       Assessment Procedures & Process

·       Delivery Options

FLEXIBLE ASSESSMENT

All assessments conducted by the RTO will conform to assessment guidelines for Nationally Endorsed Training Packages or the assessment criteria attached to specific courses.

Assessment usually takes place by way of a written test and practical demonstration but are flexible and at the tutor’s discretion in some courses as long as they meet AQTF guidelines and minimum requirements for competency in the specific course.

Students are required to be competent in all areas to receive an overall competency mark (C).

Elements that may be included (depending on course) in the assessment process are:

  •  Personal presentation appropriate to the environment.
  •  Verbal and non-verbal communication.
  •  Problem solving. Eg learning to learn, decision making, creative thinking.
  •  Working with others in teams.
  •  Organise own schedules to achieve goals.

Where a clients has been assessed as being Not Yet Competent (NYC) the RTO offers further opportunities to be assessed.  Generally this ‘re-assessment’ is at no extra cost, however CTS reserves the right to charge a re-assessment fee should a FULL re-assessment be required  or the assessor feels no attempt has been made to study for the test or other participants have been disadvantaged by the actions of the participant. 

The participant may appeal this decision by writing to the RTO who will consider the matter and advise the client in writing of the outcome. This process is outlined our Appeals Policy below. 

A flexible assessment process will be undertaken to consider the needs of people with special needs or situations including:

  •   LL&N difficulties.
  •   Other trauma, special needs or reasons.

In this case flexibility will not indicate the overall value of a course program may be lessened, but should be seen as a willingness to take different avenues to reach results with the qualification retaining the same worth and value.

The results and details of all assessments will be recorded and kept on file for the purpose of auditing, and where applicable, will be forwarded to or included in, reports to the Registering Authority. In line with CTS policies, clients will have access to personal information and will be advised of all outcomes in writing.

COMPLAINTS POLICY

General

Any client dissatisfied with any course or activity relating to the provision of training or assessment services shall have the opportunity to submit a complaint.

Procedure

Upon receipt of a complaint the Office Manager shall check course/participant records or contract review details to ensure the person was a participant or potential client to review details.

Once confirmed the client involved shall be contacted to discuss the full nature of the issue. Should the issue not be resolved at this stage, we shall:

a)      Forward a copy of our Complaint/Appeal form to the client concerned

b)      Upon return of the completed form arrange an interview with the client to

         discuss the issue in the presence of an agreed independent person/s or panel.

The purpose of the interview is to resolve the issue by any of the following methods:

·            No further action

·            Written apology

·            Refund of any monies paid

·            Provision of same service without cost

·            Provision of same service without cost with another provider

c)      The Office Manager shall be responsible for providing a written statement of the outcome and reasons to the person/s involved.

Records of all complaints shall be maintained by the Officer Manager.

APPEALS POLICY

General

Any client dissatisfied with any assessment decision shall have the opportunity to submit an appeal, within 7 days of their assessment, in writing or using our Appeals Form.

Procedure

Upon receipt of a completed appeals form the Office Manager shall check assessment records to ensure the person was an assessment candidate.

Once confirmed, all assessment records and appeal form shall be reviewed.

Once reviewed the client shall be contacted to resolve the issue. Should resolution not be satisfactory to all at this stage an interview shall be arranged to discuss further resolution options in the presence of an agreed independent person/s or panel.

Appeals shall be resolved by any of the following methods:

·            No further action

·            Re-assessment by original assessor

·            Re-assessment by another assessor

·            Consultation with another RTO and the person regarding the assessment

·            Mediation with WorkCover NSW, ASQA or appropriate ISC regarding the       assessment

The Office Manager shall be responsible for providing a written statement of the

outcome and reasons to the person/s involved.

Records of all appeals shall be maintained by the Office Manager.

Fee Structure

All fees will be competitive when compared to others in the marketplace, and may be varied or discounted at the discretion of the RTO to assist individuals, secure corporate contracts or to comply with the requirements of Commonwealth or State/territory Government contracts.

The cost of a course is dependant upon delivery and assessment methods and a separate guide to these costs is provided as an attachment to this information.
 

Credit / Refund Policy

Cobra Training Services has established and maintains the following credit / refund procedure for all Companies and/or individuals who register and/or attend our training courses.
 
Should cancellation by the organisation or individual booking services occur fourteen (14) days or more prior to the commencement date of the service, no penalty will be applied and a full refund provided if payment has been received in advance. Alternatively, the organisation or individual can choose to have funds held in credit for a maximum period of 6 months from the original invoice date, after which time, if unused the credit or refund is deemed null and void.
 
If cancellation should occur eight (8) to thirteen (13) days prior to the commencement date of the service, 25% of the total cost will be retained / invoiced as a non-refundable booking fee.
 
If cancellation of the service is made seven (7) or less days before commencement of the course, 100% of the total service cost will apply as a non-refundable booking fee. Additionally, if such cancellation occurs within two working days or less of the training date, any travel and accommodation costs incurred (if quoted) will be charged at the full quoted cost.
 
No refund is available to organisations or individuals who do not attend training on their scheduled course dates or who have commenced their training course and who choose to terminate or leave before their training course is completed unless they can provide a Medical Certificate or show extreme personal hardship or pressing domestic necessity. In these cases fees may be refunded on a pro rata basis or reduced to cover program or course materials or held in credit for a maximum period of 6 months from the original invoice date, after which time, if unused the credit or refund is deemed null and void.
 
Should an individual wish to finalise an incomplete program at a future time, the original fee can be used as credit for a maximum period of 6 months from the invoice date, after which time the credit is deemed null and void. Additional fees may be payable to cover any difference in current course pricing within the 6 month credit period.
 
The CEO reserves the right to make discretionary decisions regarding conditions of refunds if necessary.
 
Should an organisation or individual be dissatisfied with our Credit / Refund Policy they shall be encouraged to submit a Grievance form in accordance with our Grievance Policy, if an immediate solution is not agreed to by both parties.
 
Support and Assistance

A list of referral contact details is available and can be supplied to all students alike for a variety of services including; counselling, emergency accommodation, substance abuse, etc.

A list of these services will be supplied at induction sessions with copies kept in a place where they can be accessed by students on request.

Recognition of Prior Learning (RPL)

CTS is committed to ensuring that course participants are given credit transfer or the opportunity to demonstrate Recognition of Prior Learning, where permitted, for courses offered.

Our business shall give recognition of Statements of Attainment issued by other Registered Training Organisations to persons wishing to claim RPL for any course where RPL is permitted.

RPL shall be based on submitted documentary evidence not only from academic sources and industry sources but may include written evidence from community or voluntary sources.

Where evidence can not be provided in written form, participants may provide evidence through other media or by personal demonstration.

Any participant dissatisfied with their assessment for RPL have the opportunity to appeal in writing outlining the area/s of appeal and the reasons for the appeal. The appeals review board shall consist of the Director and agreed independent person or persons.

FEEDBACK AND COMMUNICATION

CTS embraces an ongoing policy of open communication and encourages feedback and dialogue with all students and employers to assist with meeting student needs and concerns as well as for ongoing improvement of the RTO’s services.

The RTO would appreciate feedback in regard to your opinions, satisfaction, or other views about the RTO’s operations, policies, procedures, and training delivery and assessment.

The RTO will analyse and utilise this feedback and communication to:

·       Review its policies and procedures, and

·       Plan for improvement

Feedback can be supplied directly to facilitators, other CTS staff, or as written suggestions which may include the use of CTS feedback forms.

EQUAL EMPLOYMENT OPPORTUNITY, HARASSMENT AND DISCRIMINATION POLICY

CTS is committed to promotion of the principles of equality of opportunity in employment and training.

Protection of the human rights and dignity of our employees and clients is essential to the creation of a work and training/assessment environment free of discrimination, harassment, bullying and victimisation.

Treating a colleague or client differently in any form due to their sex, sexual preference, race, marital status, age, a disability, being pregnant or having HIV or Aids is against the law and shall not be tolerated.

While all efforts will be made to assist individuals meet the requirements of this Policy any

disregard for the Policy shall be viewed in the same manner as any breach of Business

policies, rules and regulations.

It is the responsibility of all stakeholders to bring to our attention any breaches of this Policy or any complaints relating to discrimination, harassment, bullying or victimisation in our work and training/assessment environment.

CONFIDENTIALITY

APP Privacy Policy, Request for Information and Privacy Complaints Procedures

Cobra Training Services is committed to maintaining the privacy and confidentiality of its RTO personnel and participant records.

Cobra Training Services complies with the Privacy Act 1988 including the 13 Australian Privacy Principles (APPs) as outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012. As a component of our risk management practices, Cobra Training Services has conducted a Privacy Impact Assessment for all operations. Mitigation actions from this risk assessment have been implemented for the management of privacy risks at each stage of the information lifecycle, including collection, use, disclosure, storage, destruction and de-identification. Providing an overall framework for our privacy practices, Cobra Training Services has developed and implemented this APP Privacy Policy.

Cobra Training Services manages personal information in an open and transparent way. This is evident in the implementation of practices, procedures and system we outline in this policy, that ensure our compliance with the APPs and any binding registered APP code, and provide suitable procedures for Cobra Training Services personnel to be able to deal with related inquiries and complaints that may be received from time to time. The following sections of this policy outline how we manage personal information.

Australian Privacy Principle 1 – Open and transparent management of personal information

Purposes for information collection, retention, use and disclosure

Cobra Training Services retains a record of personal information about all individuals with whom we undertake any form of business activity. Cobra Training Services must collect, hold, use and disclose information from our clients and stakeholders for a range of purposes, including, but not limited to:


§  Providing services to clients;
§  Managing employee and contractor teams;
§  Promoting products and services;
§  Conducting internal business functions and activities; and
§  Requirements of stakeholders.

As a government registered training organisation, regulated by the Australian Skills Quality Authority, Cobra Training Services is required to collect, hold, use and disclose a wide range of personal and sensitive information on participants in nationally recognised training programs. This information requirement is outlined in the National Vocational Education and Training Regulator Act 2011 and associated legislative instruments. In particular, the legislative instruments:

§  Standards for NVR Registered Training Organisations 2012; and

§  Data Provision Requirements 2012.

It is noted that Cobra Training Services is also bound by various State Government Acts requiring similar information collection, use and disclosure (particularlyEducation Act(s), Vocational Education & Training Act(s) and Traineeship & Apprenticeships Act(s) relevant to state jurisdictions of Cobra Training Services operations). It is further noted that, aligned with these legislative requirements, Cobra Training Services delivers services through a range of Commonwealth and State Government funding contract agreement arrangements, which also include various information collection and disclosure requirements. Individuals are advised that due to these legal requirements, Cobra Training Services discloses information held on individuals for valid purposes to a range of entities including:

§  Governments (Commonwealth, State or Local);

§  Australian Apprenticeships Centres;

§  Employers (and their representatives), Job Network Providers, Schools, Guardians; and

§  Service providers such as credit agencies and background check providers.

Kinds of personal information collected and held

The following types of personal information are generally collected, depending on the need for service delivery:

§  Contact details;

§  Employment details;

§  Educational background;

§  Demographic Information;

§  Course progress and achievement information; and

§  Financial billing information.

The following types of sensitive information may also be collected and held:

§  Identity details;

§  Employee details & HR information;

§  Complaint or issue information;

§  Disability status & other individual needs;

§  Indigenous status; and

§  Background checks (such as National Criminal Checks or Working with Children checks).

Where Cobra Training Services collects personal information of more vulnerable segment of the community (such as children), additional practices and procedures are also followed.

How personal information is collected

Cobra Training Services usual approach to collecting personal information is to collect any required information directly from the individuals concerned. This may include the use of forms (such as registration forms, enrolment forms or service delivery records) and the use of web based systems (such as online enquiry forms, web portals or internal operating systems). Cobra Training Services does receive solicited and unsolicited information from third party sources in undertaking service delivery activities. This may include information from such entities as:

§  Governments (Commonwealth, State or Local);

§  Australian Apprenticeships Centres;

§  Employers (and their representatives), Job Network Providers, Schools, Guardians; and

§  Service providers such as credit agencies and background check providers.

How personal information is held

Cobra Training Services usual approach to holding personal information includes robust storage and security measures at all times. Information on collection is:

§  As soon as practical converted to electronic means;

§  Stored in secure, password protected systems, such as financial system, learning management system and student management system; and

§  Monitored for appropriate authorised use at all times.

Only authorised personnel are provided with login information to each system, with system access limited to only those relevant to their specific role. Cobra Training Services IT systems are hosted internally with robust internal security to physical server locations and server systems access. Virus protection, backup procedures and ongoing access monitoring procedures are in place.

Destruction of paper based records occurs as soon as practicable in every matter, through the use of secure shredding services at all Cobra Training Services sites.

Retention and Destruction of Information

Cobra Training Services maintains a Retention and Disposal Schedule documenting the periods for which personal information records are kept. Specifically for our RTO records, in the event of our organisation ceasing to operate, the required personal information on record for individuals undertaking nationally recognised training with us would be transferred to the Australian Skills Quality Authority, as required by law.

Accessing and seeking correction of personal information

Cobra Training Services confirms all individuals have a right to request access to their personal information held and to request its correction at any time. In order to request access to personal records, individuals are to make contact with:

Cobra Training Services Privacy Officer

1300 262 721

admin@cobra1.com.au

A number of third parties, other than the individual, may request access to an individual’s personal information. Such third parties may include employers, Australian Apprenticeships Centres, Governments (Commonwealth, State or Local) and various other stakeholders. In all cases where access is requested, Cobra Training Services will ensure that:

§  Parties requesting access to personal information are robustly identified and vetted;

§  Where legally possible, the individual to whom the information relates will be contacted to confirm consent (if consent not previously provided for the matter); and

§  Only appropriately authorised parties, for valid purposes, will be provided access to the information.

Complaints about a breach of the APPs or a binding registered APP code

If an individual feels that Cobra Training Services may have breached one of the APPs or a binding registered APP Privacy Complaints Procedure below for further information.

Likely overseas disclosures

Cobra Training Services confirms that individuals’ personal information is NOT likely to be disclosed to overseas recipients, for internal business activity purposes or for any other purpose.

Making our APP Privacy Policy available

Cobra Training Services provides our APP Privacy Policy available free of charge, with all information being publicly available from the Privacy link on our website at www.cobra1.com.au/privacy. This website information is designed to be accessible as per web publishing accessibility guidelines, to ensure access is available to individuals with special needs (such as individuals with a vision impairment). In addition, this APP Privacy Policy is:

§  Prominently displayed at each Cobra Training Services premises;

§  Included within our RTO Handbook;

§  Noted within the text or instructions at all information collection points (such as informing individuals during a telephone call of how the policy may be accessed, in cases where information collection is occurring); and

§  Available for distribution free of charge on request, as soon as possible after the request is received, including in any particular format requested by the individual as is reasonably practical.

If, in the unlikely event the APP Privacy Policy is not able to be provided in a particular format requested by an individual, we will explain the circumstances around this issue with the requester and seek to ensure that another appropriate method is provided.

Review and Update of this APP Privacy Policy

Cobra Training Services reviews this APP Privacy Policy:

§  On an ongoing basis, as suggestions or issues are raised and addressed, or as government required changes are identified;

§  Through our internal audit processes on at least an annual basis;

§  As a part of any external audit of our operations that may be conducted by various government agencies as a part of our registration as an RTO or in normal business activities; and

§  As a component of each and every complaint investigation process where the compliant is related to a privacy matter.

Where this policy is updated, changes to the policy are widely communicated to stakeholders through internal personnel communications, meetings, training and documentation, and externally through publishing of the policy on Cobra Training Services website and other relevant documentation (such as our RTO Handbook) for clients.

Australian Privacy Principle 2 – Anonymity and pseudonymity

Cobra Training Services provides individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter, whenever practical. This includes providing options for anonymous dealings in cases of general course enquiries or other situations in which an individuals’ information is not required to complete a request.

Individuals may deal with us by using a name, term or descriptor that is different to the individual’s actual name wherever possible. This includes using generic email addresses that does not contain an individual’s actual name, or generic user names when individuals may access a public component of our website or enquiry forms.

Cobra Training Services only stores and links pseudonyms to individual personal information in cases where this is required for service delivery (such as system login information) or once the individual’s consent has been received. Individuals are advised of their opportunity to deal anonymously or by pseudonym with us where these options are possible.

Requiring identification

Cobra Training Services must require and confirm identification however in service delivery to individuals for nationally recognised course programs. We are authorised by Australian law to deal only with individuals who have appropriately identified themselves. That is, it is a Condition of Registration for all RTOs under the National Vocational Education and Training Regulator Act 2011 that we identify individuals and their specific individual needs on commencement of service delivery, and collect and disclose Australian Vocational Education and Training Management of Information Statistical Standard (AVETMISS) data on all individuals enrolled in nationally recognised training programs. Other legal requirements, as noted earlier in this policy, also require considerable identification arrangements. There are also other occasions also within our service delivery where an individual may not have the option of dealing anonymously or by pseudonym, as identification is practically required for us to effectively support an individual’s request or need.

Australian Privacy Principle 3 — Collection of solicited personal information

Cobra Training Services only collects personal information that is reasonably necessary for our business activities. We only collect sensitive information in cases where the individual consents to the sensitive information being collected, except in cases where we are required to collect this information by law, such as outlined earlier in this policy. All information we collect is collected only by lawful and fair means. We only collect solicited information directly from the individual concerned, unless it is unreasonable or impracticable for the personal information to only be collected in this manner.

Australian Privacy Principle 4 – Dealing with unsolicited personal information

Cobra Training Services may from time to time receive unsolicited personal information. Where this occurs we promptly review the information to decide whether or not we could have collected the information for the purpose of our business activities. Where this is the case, we may hold, use and disclose the information appropriately as per the practices outlined in this policy. Where we could not have collected this information (by law or for a valid business purpose) we immediately destroy or de-identify the information (unless it would be unlawful to do so).

Australian Privacy Principle 5 – Notification of the collection of personal information

Whenever Cobra Training Services collects personal information about an individual, we take reasonable steps to notify the individual of the details of the information collection or otherwise ensure the individual is aware of those matters. This notification occurs at or before the time of collection, or as soon as practicable afterwards. Our notifications to individuals on data collection include:

§  Cobra Training Services identity and contact details, including the position title, telephone number and email address of a contact who handles enquiries and requests relating to privacy matters;

§  The facts and circumstances of collection such as the date, time, place and method of collection, and whether the information was collected from a third party, including the name of that party;

§  If the collection is required or authorised by law, including the name of the Australian law or other legal agreement requiring the collection;

§  The purpose of collection, including any primary and secondary purposes;

§  The consequences for the individual if all or some personal information is not collected;

§  Other organisations or persons to which the information is usually disclosed, including naming those parties;

§  Whether we are likely to disclose the personal information to overseas recipients, and if so, the names of the recipients and the countries in which such recipients are located.

§  A link to this APP Privacy Policy on our website or explain how it may be accessed; and

§  Advice that this APP Privacy Policy contains information about how the individual may access and seek correction of the personal information held by us; and how to complain about a breach of the APPs, or any registered APP code, and how we will deal with such a complaint.

Where possible, we ensure that the individual confirms their understanding of these details, such as through signed declarations, website form acceptance of details or in person through questioning.

Collection from third parties

Where Cobra Training Services collects personal information from another organisation, we:

1.       Confirm whether the other organisation has provided the relevant notice above to the individual; or

2.       Whether the individual was otherwise aware of these details at the time of collection; and

3.       If this has not occurred, we will undertake this notice to ensure the individual is fully informed of the information collection.

Australian Privacy Principle 6 – Use or disclosure of personal information

Cobra Training Services only uses or discloses personal information it holds about an individual for the particular primary purposes for which the information was collected, or secondary purposes in cases where:

§  An individual consented to a secondary use or disclosure;

§  An individual would reasonably expect the secondary use or disclosure, and that is directly related to the primary purpose of collection; or

§  Using or disclosing the information is required or authorised by law.

Requirement to make a written note of use or disclosure for this secondary purpose

If Cobra Training Services uses or discloses personal information in accordance with an ‘enforcement related activity’ we will make a written note of the use or disclosure, including the following details:

§  The date of the use or disclosure;

§  Details of the personal information that was used or disclosed;

§  The enforcement body conducting the enforcement related activity;

§  If the organisation used the information, how the information was used by the organisation;

§  The basis for our reasonable belief that we were required to disclose the information.

Australian Privacy Principle 7 – Direct marketing

Cobra Training Services does not use or disclose the personal information that it holds about an individual for the purpose of direct marketing, unless:

§  The personal information has been collected directly from an individual, and the individual would reasonably expect their personal information to be used for the purpose of direct marketing; or

§  The personal information has been collected from a third party, or from the individual directly, but the individual does not have a reasonable expectation that their personal information will be used for the purpose of direct marketing; and

§  We provide a simple method for the individual to request not to receive direct marketing communications (also known as ‘opting out’).

On each of our direct marketing communications, Cobra Training Services provides a prominent statement that the individual may request to opt out of future communications, and how to do so. An individual may also request us at any stage not to use or disclose their personal information for the purpose of direct marketing, or to facilitate direct marketing by other organisations. We comply with any request by an individual promptly and undertake any required actions for free. We also, on request, notify an individual of our source of their personal information used or disclosed for the purpose of direct marketing unless it is unreasonable or impracticable to do so.

Australian Privacy Principle 8 – Cross-border disclosure of personal information

Before Cobra Training Services discloses personal information about an individual to any overseas recipient, we undertake take reasonable steps to ensure that the recipient does not breach any privacy matters in relation to that information. In any event, we have no requirement to disclose information to any overseas recipient.

Australian Privacy Principle 9 – Adoption, use or disclosure of government related identifiers

Cobra Training Services does not adopt, use or disclose a government related identifier related to an individual except:

§  In situations required by Australian law or other legal requirements;

§  Where reasonably necessary to verify the identity of the individual;

§  Where reasonably necessary to fulfil obligations to an agency or a State or Territory authority; or

§  As prescribed by regulations.

Australian Privacy Principle 10 – Quality of personal information

Cobra Training Services takes reasonable steps to ensure that the personal information it collects is accurate, up-to-date and complete. We also take reasonable steps to ensure that the personal information we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant. This is particularly important where:

§  When we initially collect the personal information; and

§  When we use or disclose personal information.

We take steps to ensure personal information is factually correct. In cases of an opinion, we ensure information takes into account competing facts and views and makes an informed assessment, providing it is clear this is an opinion. Information is confirmed up-to-date at the point in time to which the personal information relates. Quality measures in place supporting these requirements include:

§  Internal practices, procedures and systems to audit, monitor, identify and correct poor quality personal information (including training staff in these practices, procedures and systems);

§  Protocols that ensure personal information is collected and recorded in a consistent format, from a primary information source when possible;

§  Ensuring updated or new personal information is promptly added to relevant existing records;

§  Providing individuals with a simple means to review and update their information on an on-going basis through our online portal;

§  Reminding individuals to update their personal information at critical service delivery points (such as completion) when we engage with the individual;

§  Contacting individuals to verify the quality of personal information where appropriate when it is about to used or disclosed, particularly if there has been a lengthy period since collection; and

§  Checking that a third party, from whom personal information is collected, has implemented appropriate data quality practices, procedures and systems.

Australian Privacy Principle 11 — Security of personal information

Cobra Training Services takes active measures to consider whether we are able to retain personal information we hold, and also to ensure the security of personal information we hold. This includes reasonable steps to protect the information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We destroy or de-identify personal information held once the information is no longer needed for any purpose for which the information may be legally used or disclosed. Access to Cobra Training Services offices and work areas is limited to our personnel only - visitors to our premises must be authorised by relevant personnel and are accompanied at all times. With regard to any information in a paper based form, we maintain storage of records in an appropriately secure place to which only authorised individuals have access. Regular staff training and information bulletins are conducted with Cobra Training Services personnel on privacy issues, and how the APPs apply to our practices, procedures and systems. Training is also included in our personnel induction practices. We conduct ongoing internal audits (at least annually, or as needed) of the adequacy and currency of security and access practices, procedures and systems implemented.

Australian Privacy Principle 12 — Access to personal information

Where Cobra Training Services holds personal information about an individual, we provide that individual access to the information on their request. In processing requests, we:

§  Ensure through confirmation of identity that the request is made by the individual concerned, or by another person who is authorised to make a request on their behalf;

§  Respond to a request for access:

­    Within 14 calendar days, when notifying our refusal to give access, including providing reasons for refusal in writing, and the complaint mechanisms available to the individual; or

­    Within 30 calendar days, by giving access to the personal information that is requested in the manner in which it was requested.

§  Provide information access free of charge.

Australian Privacy Principle 13 – Correction of personal information

Cobra Training Services takes reasonable steps to correct personal information we hold, to ensure it is accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held.

Individual Requests

On an individual’s request, we:

§  Correct personal information held; and

§  Notify any third parties of corrections made to personal information, if this information was previously provided to these parties.

In cases where we refuse to update personal information, we:

§  Give a written notice to the individual, including the reasons for the refusal and the complaint mechanisms available to the individual;

§  Upon request by the individual whose correction request has been refused, take reasonable steps to associate a statement with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading;

§  Respond within 14 calendar days to these requests; and

§  Complete all actions free of charge.

Correcting at Cobra Training Services initiative

We take reasonable steps to correct personal information we hold in cases where we are satisfied that the personal information held is inaccurate, out-of-date, incomplete, irrelevant or misleading (that is, the information is faulty). This awareness may occur through collection of updated information, in notification from third parties or through other means.


Request for Records Access Procedure

Individuals or third parties may at any stage request access to records held by Cobra Training Services relating to their personal information. The following procedure is followed on each individual request for access:

1.       A request for access is provided by the requester, with suitable information provided to be able to:

a.        Identify the individual concerned;

b.       Confirm their identity; and

c.        Identify the specific information that they are requesting access to.

This request may be in any form, or preferably using Cobra Training Services Records Access or Update Request Form.

2.       Upon receiving a request for access, Cobra Training Services then:

a.        Confirms the identity of the individual or party requesting access;

b.       Confirms that this individual or party is appropriately authorised to receive the information requested;

c.        Searches the records that we possess or control to assess whether the requested personal information is contained in those records; and

d.       Collates any personal information found ready for access to be provided.

Confirming identity

Cobra Training Services personnel must be satisfied that a request for personal information is made by the individual concerned, or by another person who is authorised to make a request on their behalf. The minimum amount of personal information needed to establish an individual’s identity is sought, which is generally an individual’s name, date of birth, last known address and signature. When meeting the requesting party in person, identification may be sighted. If confirming details over a telephone conversation, questions regarding the individual’s name, date of birth, last known address or service details may be confirmed before information is provided.

3.       Once identity and access authorisation is confirmed, and personal information is collated, access is provided to the requester within 30 calendar days of receipt of the original request. We will provide access to personal information in the specific manner or format requested by the individual, wherever it is reasonable and practicable to do so, free of charge. Where the requested format is not practical, we consult with the requester to ensure a format is provided that meets the requester’s needs.

4.       If the identity or authorisation access cannot be confirmed, or there is another valid reason why Cobra Training Services is unable to provide the personal information, refusal to provide access to records will be provided to the requester, in writing. Our notification will include reason(s) for the refusal, and the complaint mechanisms available to the individual. Such notifications are provided to the requester within 30 calendar days of receipt of the original request.


Request for Records Update Procedure

Individuals or third parties may at any stage request that their records held by Cobra Training Services relating to their personal information be updated. The following procedure is followed on each individual request for records updates:

1.       A request for records update is provided by the requester, with suitable information provided to be able to:

a.        Identify the individual concerned;

b.       Confirm their identity; and

c.        Identify the specific information that they are requesting be updated on their records.

This request may be in any form, or preferably using Cobra Training Services Records Access or Update Request Form.

2.       Upon receiving a request for records update, Cobra Training Services then:

a.        Confirms the identity of the individual or party to whom the record relates;

b.       Searches the records that we possess or control to assess whether the requested personal information is contained in those records; and

c.        Assesses the information already on record, and the requested update, to determine whether the requested update should proceed.

Assessing Update

Cobra Training Services personnel assess the relevant personal information we hold, and the requested updated information, to determine which version of the information is considered accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held. This may include checking information against other records held by us, or within government databases, in order to complete an assessment of the correct version of the information to be used.

3.       Once identity and information assessment is confirmed, personal information is:

a.        Updated, free of charge, within 14 calendar days of receipt of the original request; and

b.       Notified to any third parties of corrections made to personal information, if this information was previously provided to these parties.

4.       If the identity of the individual cannot be confirmed, or there is another valid reason why Cobra Training Services is unable to update the personal information, refusal to update records will be provided to the requester in writing, free of charge, within 14 calendar days. Our notification will include the reasons for the refusal and the complaint mechanisms available to the individual.

5.       Upon request by the individual whose correction request has been refused, we will also take reasonable steps to associate a ‘statement’ with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading. This statement will be applied, free of charge, to all personal information relevant across Cobra Training Services systems within 30 calendar days of receipt of the statement request.


Privacy Complaints Procedure

If an individual feels that Cobra Training Services has breached its obligations in the handling, use or disclosure of their personal information, they may raise a complaint. We encourage individuals to discuss the situation with their Cobra Training Services representative in the first instance, before making a complaint. The complaints handling process is as follows:

1.       The individual should make the complaint including as much detail about the issue as possible,  in writing to Cobra Training Services:

Cobra Training Services Privacy Officer

                                                           admin@cobra1.com.au

PO Box 6160 Wetherill Park DC NSW 1851

2.       Cobra Training Services will investigate the circumstances included in the complaint and respond to the individual as soon as possible (and within 30 calendar days) regarding its findings and actions following this investigation.

3.       Should after considering this response, if the individual is still not satisfied they make escalate their complaint directly to the Information Commissioner for investigation:

Office of the Australian Information Commissioner

www.oaic.gov.au

Phone: 1300 363 992

When investigating a complaint, the OAIC will initially attempt to conciliate the complaint, before considering the exercise of other complaint resolution powers.

4.      Alternatively, if the complaint relates to a non-privacy matter, or should individuals choose to do so, a complaint may also be lodged with the ASQA complaints handing service for complaints against RTOs:

Australian Skills Quality Authority

www.asqa.gov.au

Phone: 1300 701 801

 

                          

PARTICIPANT DISCIPLINE AND DISMISSAL

POLICY AND PROCEDURE

This Policy and Procedure relates to the disciplining and dismissal of clients for inappropriate behaviour during attendance on our training courses or assessment activities.

Participants are expected to display a high level of personal responsibility for their learning/assessment process and for their interaction with other participants and our staff members.

Participants displaying inappropriate or dangerous behaviour will be required to attend a disciplinary interview to discuss the necessary changes they need to implement to avoid dismissal from the course.

Regular and punctual attendance at courses is essential for successful completion of the course. Participants who do not display regular attendance at the course will be required to discuss their position with our trainer/assessor for continuation with the course.

Disciplinary Interview

Disciplinary interviews will be arranged with the participant as soon as possible after the incident. Participants may have a third party present during the interview. Details relating to the disciplinary interview shall be recorded and include:

·           Name of participant and course/assessment attending

·           Date of incident

·           Details of incident

·           Effects on other participants or staff

·           Participant’s comments regarding incident

·           Agreed plan of action for necessary behaviour change

·           Dismissal details (if required)

Should the inappropriate or dangerous behaviour continue the participant shall be counselled regarding non conformance to the agreed plan of action and any further incident will mean dismissal.

Participants will be provided with a copy of their Disciplinary Interview Records, information on course refund, if applicable, and issued a Statement of Attainment if applicable.

Cobra Contracting Pty Ltd

Unit 1

108 Newton Road

Wetherill Park  NSW  2164

 
 
RTO National Provider No: 91601