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.
Since 1 January 2018, the NCCD has been used to calculate the student with disability funding loading for schools provided by the Australian Government. This loading is based on the level of adjustment being provided to the student. A fact sheet This link will open in a new window on the Australian Government Department of Education's website provides more information.
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 your school collects and provides to the Australian Government Department of Education (the Department) the following information for each student receiving an adjustment due to disability. This includes the student’s:
year of schooling
level of adjustment provided (QDTP, supplementary, substantial or extensive)
category of disability (physical, cognitive, sensory or social/emotional).
Do schools need to obtain consent from parents, guardians or caregivers before students can be included in the NCCD?
No. Parental, guardian or caregiver consent is not required. This is because the NCCD is required and authorised by law (the Australian Education Act 2013 and 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. If a school doesn’t hold the information, it must take all reasonable efforts to obtain and provide it.
How will a student’s personal details be protected?
Protecting the privacy and confidentiality of all students and their families is essential.
Identifying information or personal details (for example, student names) are not provided to the Australian Government Department of Education (the Department) as part of the NCCD.
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 your state or territory.
The data can be accessed by government officials who use NCCD information to inform funding policy and program improvements for students with disability.
High-level, de-identified NCCD data is published annually.
The Australian Government Department of Education is committed to the protection of privacy and must comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) when handling any personal information.
How long does the school keep records?
The school’s approved authority must ensure the associated records to support the information provided under the NCCD are kept for seven years, as required by section 37 of the Australian Education Regulation 2013. An approved authority is an operator of government and non-government schools that receives Australian Government funding, for example a State or Territory Department of Education.
Your relevant approved authority may have its own compliance arrangements for records management which may require longer periods of storage.
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 (the Department). (In some cases, the school passes the information directly to the Department, depending on the school's particular arrangements.)
Governments then use the data to inform funding policy and program improvement for school students with disability.