Standard: Access, Retention & Disposal of HR Information 1. Statement ............................................................................................................................... 2

2. Application ............................................................................................................................. 2

3. Principles ............................................................................................................................... 2

4. Accessing HR Information .................................................................................................... 3

4.1 Rehabilitation Records ...................................................................................................... 3

4.2 Access to Referee Comments by the Member .................................................................. 4

4.3 Access to Grievance Records ........................................................................................... 4

4.4 Access to Favourable and Unfavourable Records ............................................................ 4

4.5 Disclosure to other Parties ................................................................................................ 4

4.6 Access to other Human Resource Information .................................................................. 4

4.7 Personal Information relating to Former Members ............................................................ 4

4.8 Complaints about Breaches of Privacy ............................................................................. 5

5. Retaining HR Information ...................................................................................................... 5

5.1 Personal Files ................................................................................................................... 5

5.2 Recruitment and Selection Records .................................................................................. 7

5.3 Other HR Records ............................................................................................................ 7

6. Disposal of HR Information ................................................................................................... 7

6.1 Disposal of Electronic HR Records ................................................................................... 7

6.2 Transfer of Records of a Permanent Nature ..................................................................... 8

7. References ............................................................................................................................. 8

8. Definitions .............................................................................................................................. 8

8.1 Business Owner ................................................................................................................ 8

8.2 Custodian ......................................................................................................................... 8

8.3 Disposal ............................................................................................................................ 8

8.4 HR Record ........................................................................................................................ 8

8.5 Permanent Records .......................................................................................................... 8

8.6 Personal Information ......................................................................................................... 9

8.7 Public Records.................................................................................................................. 9

8.8 Temporary Records .......................................................................................................... 9

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1. Statement

Personal information is gathered by the Public Safety Business Agency (PSBA) upon the appointment of a new member and continues to be stored and accessed from the member’s personal file and HR information systems throughout their employment for HR and administrative purposes.

The Information Privacy Act 2009 contains 11 privacy principles which are designed to protect personal information by regulating how information is collected, stored and used. These principles place a legal obligation on the PSBA to protect documents containing personal information against loss, unauthorised access, use, modification or disclosure and any misuse.

The PSBA is responsible for the secure preservation, storage and disposal of these HR records in accordance with the Public Records Act 2002.

2. Application

This policy applies to all members of the PSBA including temporary and casual employees and contractors. The management of HR information for police officers seconded to PSBA is covered by Queensland Police Service HR policies. The management of HR information for fire officers seconded to PSBA is covered by Queensland Fire and Emergency Services HR policies.

3. Principles

Personal information held by the PSBA is not to be used for any purpose other than the purpose for which it was originally collected unless the member to whom the information belongs has agreed in writing to the use of the information for another purpose or the circumstances requiring the disclosure of the information comply with Information Privacy Principles 10 and 11 of the Information Privacy Act 2009.

HR information collected is to be relevant, necessary and lawfully obtained and the PSBA is to advise members and prospective employees of the reasons for collecting the information.

The collection and disclosure of HR information is to comply with the Information Privacy Act 2009.

Under the provisions of the Information Privacy Act 2009, the PSBA is prohibited from disclosing personal information to any person or entity, other than the individual who is the subject of the personal information, unless the individual has consented in writing to the disclosure or where the circumstances comply with Information Privacy Principle 11 of the Information Privacy Act 2009.

Members of the PSBA are not to disclose another member’s personal residential or family details to another person without the written consent of the member concerned. Residential and/or family details include home address, telephone number, mobile phone number, personal email address or any details relating to the member’s next of kin or family.

A former member’s employment history details are not to be released without the written consent of the former member.

Members’ personal information is not to be accessed by researchers without approval. Approval for researchers to view personal files is not to be granted where researchers can access information relating to:

• marriage;

• spouse or family;

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• age;

• matters of discipline;

• performance management documentation;

• psychometric assessment results;

• leave;

• any information which could reveal the address of the member or the member’s relatives; and

• any other personal information which if released could be considered to be detrimental to the member, the member’s relatives, family, friends or the PSBA.

All HR records are to be retained in accordance with the Public Records Act 2002.

Only one official personal file is to be maintained for each member of the PSBA. (Duplicate files are not to be created or maintained.)

Record custodians are to ensure the safe custody and preservation of all HR records in their possession.

HR records, including those held in electronic form, are to be retrievable and accessible for the retention period.

HR records are not to be disposed of without proper authorisation or in a manner that may jeopardise the confidentiality of sensitive or personal information.

HR records may only be disposed of with the approval of Information Management, Ministerial and Executive Services.

4. Accessing HR Information

Members may view and update their own personal information through Employee Self Service (ESS).

Members are to be granted access to their own personal information unless refusal is required under an access law or is expressly excluded from the operation of an access law. See Information Privacy Principle 6 of the Information Privacy Act 2009.

A member wishing to access their own personal file is to contact their HR Business and Support Officer to arrange to view the file in the presence of the Human HR Business and Support Officer or their representative. Members are not to remove any part of the personal file but may request a copy.

A member may request an amendment be made to personal information on their personal file by forwarding a written statement of the amendment to the HR Business and Support Officer. The HR Business and Support Officer is to arrange for this statement to be added to the personal file.

4.1 Rehabilitation Records

Where it is necessary for the PSBA to obtain personal information associated with a member’s rehabilitation, the member is to provide written authority for the PSBA to obtain such information. Access to this information is restricted to rehabilitation only. It is not to be used to obtain or disclose medical information for other purposes.

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An injured/ill member may access their own rehabilitation documentation by contacting their Injury Management Advisor.

4.2 Access to Referee Comments by the Member

Members may access referee comments by contacting the selection panel convenor. Referee comments may be accessed by parties to reviews and appeals.

4.3 Access to Grievance Records

Members who have lodged a grievance may obtain a copy of the grievance report from Employee Relations. Members seeking to access other documentation relating to the grievance are to contact Employee Relations or submit a Right to Information application.

4.4 Access to Favourable and Unfavourable Records

Members may obtain the details of favourable or unfavourable records relating to themselves by contacting Ethical Standards Unit, Ministerial and Executive Services.

4.5 Disclosure to other Parties

4.5.1 Confidentiality of Residential or Family Details of a Member The HR Business and Support Officer may release a member’s contact details to the member’s manager or supervisor where the circumstances are justified. 4.5.2 Confirmation of Earnings A member may request the PSBA to confirm their average fortnightly earnings to organisations such as financial institutions. In such circumstances, the member is to provide written or email authorisation to Queensland Shared Services consenting to the disclosure of the information. 4.5.3 Confirmation of Employment History Recruitment agencies and prospective employers may request confirmation of a former member’s employment with the PSBA by contacting the relevant HR Business and Support Officer.

4.6 Access to other Human Resource Information

HR policy documents and statistical information such as staffing figures and district resource plans may be obtained by submitting a request to the Director, Workforce Strategy, Human Resources.

4.7 Personal Information relating to Former Members

A former member may access their own personal file by submitting a request to Information Management, Ministerial and Executive Services. The former member can only access information that relates directly to themselves. The former member cannot access:

• any part of the file that contains the personal information of another person;

• a record that could be detrimental to the former member’s interests i.e. a medical report about the former member indicating that disclosure may be prejudicial to the person’s mental or physical health or wellbeing;

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• employee assistance documentation relating to the member;

• a document that Information Management reasonably believes would be likely to prejudice an existing investigation or inquiry;

• a Public Interest Disclosure Act 2010 document about the member; or

• a document to which legal professional privilege applies (i.e. a record of confidential legal advice or legal work such as legal research memoranda, summaries of argument, draft pleadings and agreement or chronologies of facts).

A former member may request access to a document relating to themselves other than their own personal file by making an application under s. 43 of the Information Privacy Act 2009.

Where another Queensland Government agency requests disciplinary information pertaining to a former staff member, the Ethical Standards Unit is to provide such information unless they are reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.

Former members may obtain information relating to disciplinary matters, favourable or unfavourable records or honours or awards in relation to themselves by submitting a request to the Ethical Standards Unit.

Where a person seeks the disclosure of information from a personal file that is not their own, that person is to submit a Right to Information application.

4.8 Complaints about Breaches of Privacy

Where a member considers that the PSBA has not dealt with their personal information in accordance with this policy and the Information Privacy Act 2009 they may:

• lodge a grievance in accordance with the Grievances policy; or

• lodge a complaint in accordance with the Complaint Management policy.

Where the matter remains unresolved or the member is dissatisfied with the outcome they may lodge a complaint in writing with the Office of the Information Commissioner Queensland.

5. Retaining HR Information

5.1 Personal Files

The following documentation is to be retained on employee personal files:

• appointment documentation:

o successful applications:

� relevant advertised position and new employee forms e.g. particulars of nominee for appointment;

� written response to selection criteria;

� resume;

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� referee reports;

� documentation of previous employment taken into account for determining commencing salary pay point (staff members only);

o letters of appointment;

o Health and Suitability Declaration (for staff member positions that involve working at heights or exposure to radio frequency levels);

� confirmation of appointment and promotion;

� temporary appointment documentation;

� copy of qualification(s) and accreditations;

� details of secondments/interchange to other agencies/organisations;

� personal records e.g. copy of marriage certificate/change in domestic circumstances advice;

� medical reports in a sealed envelope e.g. to support an application for transfer;

� pre-Aurion leave history records:

� consolidated leave history summary documentation i.e. leave history cards and HRMS conversion sheet;

� documentation of prior service or breaks in service and any other absences likely to have an impact on leave entitlements or accrual;

� Purchased Leave Agreements;

� Part-time Arrangement and Agreements;

� workplace health and safety records:

� workers’ compensation claims;

� accident/incident claims/reports;

� medical reports in a sealed envelope;

� rehabilitation documentation in a sealed envelope;

� inoculation results e.g. Hepatitis B;

� separation documentation excluding Separations Questionnaire;

� documentation of an outcome relating to a discipline process;

� other:

� appointment as a union official.

Personal files for police officers and staff members are to be retained for a minimum of 70 years from the member’s date of birth or seven years from date of separation, whichever is later. In some cases depending on the classification or status of the staff member (e.g. length of service, significance of contributions to the

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community or distinguished service), records may be classified as permanent and are required to be preserved permanently.

5.2 Recruitment and Selection Records

Appointment documentation is held on the member’s personal file.

Documentation relating to the selection process is retained on the vacancy file for a minimum of one year from the date of gazettal of the appointment and finalisation of any review/appeal matters.

Documentation relating to advertised positions at the level of non-senior executive service is to be retained on the vacancy file for one year from the date of gazettal of appointment and finalisation of appeal matters.

Documentation relating to positions at the level of senior executive service and above is to be retained on the vacancy file permanently.

Selection process documentation includes:

• position description;

• applications i.e. written response to selection criteria, resume, written references and other documentation submitted as part of an application;

• panel recommendations;

• vetting reports; and

• ancillary documents.

5.3 Other HR Records

Other HR records are retained as follows:

• relevant new employee forms e.g. assessment of suitability;

• favourable comments and complaints retained by Ethical Standards Unit;

• grievance documentation is held by Employee Relations.

6. Disposal of HR Information

Records are to be retained in accordance with the PSBA Records Retention and Disposal Schedule.

Hard copy records are to be destroyed in an irreversible manner (e.g. shredded, pulped or burnt) ensuring no sensitive and confidential information is inadvertently released.

No record is to be disposed of without the prior approval of the State Archivist and the Manager, Information Management and the authorisation of the PSBA business owner of the record.

Records are not to be disposed of if they are active, unfinalised or subject to review, appeal or pending court action.

6.1 Disposal of Electronic HR Records

Electronic HR records e.g. leave and payroll records are to be retained in a readily accessible format in accordance with the retention period specified in the PSBA Records Retention and Disposal Schedule.

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6.2 Transfer of Records of a Permanent Nature

Permanent records may be transferred to Queensland State Archives after administrative use has ceased, subject to approval by the State Archivist.

7. References

• Right to Information Act 2009

• Right to Information Regulation 2009

• Information Privacy Act 2009

• Information Privacy Regulation 2009

• Public Interest Disclosure Act 2010

• Queensland Civil and Administrative Tribunal Act 2009

• Public Service Regulation 2008

• Public Records Act 2002

• Queensland State Archives General Retention and Disposal Schedule for Administrative Records

8. Definitions

8.1 Business Owner

The manager or officer in charge of the business function or activity responsible for creating or maintaining the HR record.

8.2 Custodian

The work unit responsible for the maintenance and preservation of the HR record.

8.3 Disposal

Disposal includes destroying or deleting a record or part of a record.

8.4 HR Record

HR record includes:

• any of the records detailed under section 3 of the Queensland State Archives General Retention and Disposal Schedule for administrative records;

• any of the records detailed in the PSBA Retention and Disposal Schedule; and

• any record which meets the definition of a record under the Public Records Act 2002.

8.5 Permanent Records

Records that have long-term historical, legal or high administrative value and are retained permanently either in-house by the PSBA or transferred to Queensland State Archives.

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8.6 Personal Information

Section 12 of the Information Privacy Act 2009 defines personal information as information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

8.7 Public Records

Public records are:

• records made for use by, or a purpose of, a public authority;

• records received or kept by a public authority, in the exercise of its statutory, administrative or other public responsibilities or for a related purpose; and

• ministerial records.

8.8 Temporary Records

Records that are not considered to have long-term historical, legal or high administrative value.