Obtaining and Managing Student and Individual Consent

Version Number

5.1

Implementation Date

8/04/2015

Scope

Department-wide

Purpose

To ensure schools and other departmental business units are aware of their responsibilities associated with obtaining and managing student and individual consent. The consent forms address the use of a student, individuals or volunteer’s copyright materials by the State (through the department or school); and if needed, allow the department or school to further record, use or disclose a student or volunteer’s personal information beyond what is already authorised or required by legislation.​

Overview

The department (the State) can use copyright materials and or record use or disclose personal information as required or authorised by the Copyright Act 1968; the Education (General Provisions) Act 2006 (EGPA); another Act; or with the individual’s express or implied consent. To be valid consent needs to be voluntary, informed, specific and current

The department or State will generally rely on the consent of the individual or in the case of a child, the consent of the parent, before using a student or volunteer's copyright materials and/or to disclose their personal information. 

Unless the use or disclosure of personal information about a student is for a purpose clearly permitted or required by the EGPA or another relevant Act, the schools and business units need a student’s consent, or in the case of a child, the consent of the parent.

Breach of the confidentiality provisions in the EGPA is an offence and may lead to prosecution, and/or disciplinary action under the department’s Code of Conduct and DET Standard of Practice.

Use and disclosure of personal information about individuals, other than students of a state school, is subject to the requirements of the Information Privacy Act 2009, particularly the Information Privacy Principles (IPPs) 10 – Use and 11 - Disclosure

If media outlets or production companies wish to film or photograph students or use their copyright materials they will need to provide their own consent forms. Each media request should be approved by the Principal. 

The consent forms in this procedure are not suitable for use with contractors and/or consultants. Queensland Public Sector Intellectual Property Principles (2.7.3)

Responsibilities

All Staff

  • ​Ensure the individual, student (or the parent/carer of the child if under 18) or volunteer has given permission before:
    • using their copyright works unless the use of the works is permitted under a statutory education licence or copyright exception. Refer to the National Copyright Guidelines.
    • the recording, use or disclosure of personal information unless for a purpose of the EGPA or otherwise permitted or required by another Act. (See Overview section and Consent FAQs 
      Note: students under 18 years living independently who have sufficient maturity and intelligence to understand how the school or department will use their copyright works, or to understand the consequences of any agreed recording, use and disclosure of their personal information may sign the consent form. An agreement in respect to use of copyright materials, signed by a person under 18 years, is not binding.
  • Ensure the consent is voluntary, informed, specific and current. 
  • Remind parents, carers and individuals that it is not compulsory to provide consent and there are no penalties if consent is withheld.
  • Manage consent records in accordance with Information Management procedure.

 School staff

  • Ensure that the State School Consent Form is completed at the time a student enrols and that parents are aware that this can be amended at any time. Further consent may be required for unforseen activities like projects, filming and competitions.
  • Parents/carers/signees may limit their consent in section 3 of the State School Consent Form. Schools must note these limitations and may wish not to use the students’ image or material to ensure the limitations are not breached.
  • Each school should make students and parents aware of the “range of regular activities” covered by section 2 of the State School Consent Form.
  • For example: It is the school’s usual practice to take photographs of students or record images of students and occasionally to publish personal information when reporting student activities  through the school’s newsletter, website, social media account or, local media for the purposes of celebrating the student’s achievements and promoting the school and state education.
  • Ensure existing consent forms are checked and parents notified if third parties (general media) wish to film or photograph students. The onus is on the school to check all consent forms and to notify parents.  Ensure students are not identified by their full name on social media sites through associated posts, comments or tagging. 
  • Schools must not use image hosting sites such as Vimeo, Instagram, Pinterest, Flickr, Picasa, Image Shack, Tumblr or the like as informed consent cannot be obtained from parents, carers or guardians. Please refer to the Use of Social Media for Departmental Promotion procedure for further information.

 Departmental Staff

  • Ensure that consent is collected for all participants at the beginning of a project using the Project Consent Form.
  • Departmental staff should not upload pictures of students (excepting their own children) or school staff onto their own social media accounts without permission.  

 Principals

  • ​Oversee and approve business processes to track the collection and use of the individual’s consent using the State School Consent Form.
  • Ensure any limitations to the consent are noted.

 Directors/Project Managers

  • ​Oversee and approve business processes to track the collection and use of the individual’s consent using the Project Consent Form.
  • Ensure any limitations to the consent are noted. 

Process

  • Each school should make students and parents aware of the “range of regular activities” covered by section 2 of the State School Consent Form.
    • For example: It is the school’s usual practice to take photographs of students or record images of students and occasionally to publish personal information when reporting student activities  through the school’s newsletter, website, social media account or, local media for the purposes of celebrating the student’s achievements and promoting the school and state education.
  • ​The Project Consent Form is a stand-alone document and facilitates the efficient management of “one-off” corporate projects involving a student or volunteer’s copyright materials and/or the recording, use and in some cases disclosure of a student, volunteer or employee’s personal information. 
    • Note: the consent forms within this procedure are not suitable in all instances where the consent of the individual is required to record, use and disclose their personal information. Many departmental procedures incorporate consent as part of the documentation tailored to a particular situation (e.g. Transfer of state school student’s records to a school in another state), however other departmental procedures specifically refer staff to the consent forms within this procedure.
  • Ensure that the Project Consent Form is used for ‘one off’ projects/events managed by departmental areas where consent is required.
Selection and use of an appropriate consent form
  • Choose the appropriate consent form to meet your purposes (see the Consent FAQs).
  • Ensure that the State School Consent Form is included as part of the school student enrolment package.
  • Note any limitations to the consent.
  • Consent will need to be obtained again if the school or department already holds a current Consent Form from the individual and seeks permission to further use their copyright works and/or to record use or disclose personal information for a purpose:
    • not clearly covered by the original consent or 
    • not authorised or required under the EGPA or another Act. 
  • if there is any doubt about the department’s or schools’ lawful authority to use a student or volunteer’s copyright work or to record use or disclose their personal information, obtain written consent again or do not use the personal information /material.
Note: A copyright work created by a student, volunteer or owned by the State (works created by state employees pursuant to their duties of employment) often incorporates copyright material owned by a third party. Before the school or business unit can use the third party’s material, it must ensure that it has the owner’s permission to use the material, or that a statutory education licence or other copyright exception applies. Refer to The National Copyright Guidelines for advice on how to clear rights with copyright owners. 

Collection of signed consent from the individual
  • ​Provide individuals with the description of the purpose and specific activities of the school/department covered by the consent form
  • Collect a signed consent permitting the school/department to use student or volunteer’s copyright materials and/or, to record use or disclose their personal information, from:
    • the student/volunteer if 18 years or more or
    • the parent of a student/volunteer under 18 years (a child), and where the student/volunteer lacks sufficient maturity and intelligence to understand fully what is proposed or
    • the parent and the student or volunteer if the student or volunteer is under 18 years and has sufficient maturity and intelligence to understand what is proposed
    • the student under 18 years if the student is living independently and has sufficient maturity and intelligence to understand how the department will use their copyright works, or to understand the consequences of any agreed recording, use and disclosure of their personal information. Note: An agreement in respect to use of copyright materials, signed by a person under 18 years, is not binding.
Management of Consent Records
  • ​Record and store in an accessible format, all instances where the individual’s consent is limited, withheld, withdrawn, modified, contains specific exclusions or is made conditional. 
  • Update all records (databases/other related records) dependent on the terms of the consent each time the consent is renewed, modified or revoked. 
  • File the completed Consent Form in the student’s file or other storage/retrieval system.
  • File all Project Consent Forms in the project file.
Revoking consent: 
Due to the nature of social media, consent cannot be fully revoked as it may not be possible to ensure that all copies of the material are deleted or cease to be used. Individuals should send notice to the contact point on the form and after that notice is received, the school/department will still be able to continue the existing uses, but will not be able to make any further new use of the Individual’s personal information or Individual work.

Online Resources

Review Date

1/10/2016
Attribution CC BY

Child:
An individual under 18 years of age.

Copyright materials:
Comprise literary, artistic, musical or dramatic works and other works (broadcasts, sound recordings, films including cinematographic films, video recordings, DVDs).

Disclose information:
Includes giving access to the information (s426 Education (General Provisions) Act 2006). 

Disclosure of personal information (as defined in the Information Privacy Act 2009) means - an entity (the first entity) discloses personal information to another entity (the second entity) if all of the following apply:

  • the second entity does not know the personal information, and is not in a position to be able to find it out; and
  • the first entity gives the second entity the personal information, or places it in a position to be able to find it out; and
  • the first entity ceases to have control over the second entity in relation to who will know the personal information in the future. 

Entity
Includes a person, unincorporated body, government department or school.

Informed consent:
The consenting individual knows how their copyright works will be used, and/or, to whom and under what conditions, their personal information is to be recorded, used or disclosed before agreeing.  See Consent FAQs.

Limiting consent: 
Parents/carers/signees may limit consent on the State School Consent Form. Schools must note these limitations and may choose not to use the student’s image or material to ensure the limitations are not breached.

Parent, of a child (s.10 Education (General Provisions) Act 2006) is any of the following persons:

a) the child’s mother;
b) the child’s father;
c) a person who exercises parental responsibility for the child.

However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

  • A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
  • A parent of a Torres Strait Islander child includes a person who, under Islander custom, is regarded as a parent of the child.
  • Also, a reference to “a parent of a child” in the Education General Provisions Act 2006 is also a reference to a person granted guardianship of a child under the Child Protection Act 1999, or a person otherwise exercising parental responsibility for a child under a decision or order of a federal court or a court of a State. 

Personal information (s.12 Information Privacy Act 2009) is 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.

Publish:

  • Personal information – to issue to the general public by way of television, newspaper, radio, the internet or other form of communication.
  • Copyright materials - to make copies​/reproductions of works, sound recordings, or published editions, available to the public, for sale or free and in case of the cinematographic films to sell or hire to the public.

Social Media:
Social Media sites to be used by schools and the department include Facebook, Twitter, Google+ and YouTube as these sites are included on the consent forms and are consistent with the department’s procedures and policies. School staff should not contact present students enrolled in any school or institute through their, or anyone else’s personal social media sites.

Social Media site administrators should ensure that uploaded photos are appropriate, not tagged and disparaging comments are not placed underneath.  Schools and departmental areas must not use image hosting sites such as Vimeo, Instagram, Pinterest, Flickr, Picasa, Image Shack, Tumblr or the like as informed consent cannot be obtained from parents, carers or guardians. Please refer to Use of Social Media for Departmental Promotion

Students:
of a state school include:

  • a student, prospective student or former student; or
  • a pre-preparatory age child –
    • who is or has been registered in a pre-preparatory learning program at a state school; or
    • for whom an application for registration in a pre-preparatory learning program at a state school has been made; or
  • ​a person with a disability who –
    • under s420(2) Education (General Provisions) Act 2006 is being provided with special education at a state school; and
    • is not enrolled in the preparatory year at the school.

Use {section 8 of the State School Consent Form and section 4 of the Project Consent Form} includes:

  • to create, make copies of, reproduce or retain in any form, including by camera, video, digital recorder, webcam, closed circuit television, mobile phone or any other device; and
  • to distribute, publish or communicate in any form, including in newsletters and other print media, television and the internet, in whole or in part, and to permit other persons to do so.

Use of personal information includes:

  • manipulating, searching or otherwise dealing with the information; or
  • taking the information into account in the making of a decision; or
  • transferring the information from a part of the entity having particular functions to a part of the entity having different functions.

However, use of the personal information does not include the action of disclosing the personal information to another entity.