Section 37 of the Australian Education Regulation 2013 requires that the school’s approved authority must keep the associated records for seven years.
Frequently asked questions about privacy
How is data from the NCCD used?
The NCCD provides all Australian schools, education authorities and the community with information on the number of students receiving educational adjustments in schools because of disability, and the levels of adjustment that are provided to enable them to participate in education on the same basis as other students.
High-level, non-identifying data from the NCCD is used in national reporting to inform policy and program planning to support students with disability.
From 2018, the student with disability loading provided by the Australian Government is based on the NCCD. Funding is provided at different rates for the top three levels of adjustment (supplementary, substantial or extensive) to reflect the support that students at these levels need to participate fully in school.
Schools and systems are best placed to understand the individual needs of students and budget accordingly.
What information is collected through the NCCD?
Every year schools collect and provide to the Australian Government Department of Education and Training (the Department) the following information for each student receiving an adjustment due to disability. The information includes:
the student’s year of schooling
the student’s level of adjustment
the student’s broad category of disability.
This may involve the school passing the information directly to the Department, or providing the information to the state or territory government agency (or other relevant body) in the first instance, depending on the school’s particular arrangements. That agency or other relevant body will then provide the information to the Department.
Do schools need to obtain consent from parents, guardians or caregivers before students can be included in the NCCD?
No. The NCCD is a requirement of the Australian Education Regulation 2013. If the school has the information on a student’s adjustments/category of disability on its records, it must provide that information to the Australian Government Department of Education and Training; if the school doesn’t hold the information, it must take all reasonable efforts to get it and provide it.
How will a student’s personal details be protected?
Identifying information or personal details (for example, student names) must not be provided to the Australian Government Department of Education and Training (the Department) as part of the NCCD. Protecting the privacy and confidentiality of all students and their families is essential.
All information and data relating to students with disability and the adjustments provided for those students must be stored appropriately and securely and must be managed and stored in accordance with applicable privacy legislation and policies in each jurisdiction.
Who can access the NCCD data and what are the privacy arrangements?
The data can be accessed by groups such as the NCCD Joint Working Group to Provide Advice on Reform for Students with Disability, which uses information from the NCCD for the purposes of preparing reports for and briefing the Australian Education Senior Officials Committee and the Education Council in relation to the data collection.
The Australian Government Department of Education and Training (the Department) is committed to the protection of privacy and must comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Privacy Act) when handling any personal information.
State and territory governments, and non-government school systems, involved in the collection of student information for the NCCD are also committed to the protection of that information, and comply with applicable privacy legislation and policies in their respective jurisdictions.
When student information is provided to the Department for the purposes of the NCCD, that information does not explicitly identify any student.
The disclosure of NCCD information to the Department by schools, and the collection of that information by the Department, are both required and authorised by law for the purposes of the Privacy Act and other applicable privacy-related legislation and policies.
Section 37 of the Australian Education Regulation 2013 (the Regulation) requires that a school’s approved authority must keep records related to their compliance with the Australian Education Act 2013 and the Regulation for seven years. An approved authority is an operator of government and non-government schools that receive Australian Government funding.
What happens to the data after the school submits it?
After the school submits the data, state and territory government and non-government education authorities collate the data and send it to the Australian Government Department of Education and Training. (For some jurisdictions, this data is sent directly from the school to the Australian Government.)
Governments then use the data to inform funding policy and program improvement for school students with disability.