WA Getting Student Records from Non-government School?

Discussion in 'Other/General Law Forum' started by Ash, 7 December 2017.

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  1. Ash

    Ash Well-Known Member

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    My child has gone to a non-government school for 3 years. How would I go about getting all of my child's school records (academic, music, pastrol care)? I would like the records to assist my child's journey at the new school.

    I asked the school who have advised it is their policy only to provide end of semester reports.

    Given I have paid for my child to attend the school and paid for this service do I not have a right as part of this contract to obtain these records?
     
  2. Tim W

    Tim W Lawyer
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    No.
    The only exception would be pursuant to some sort of court order in the event of a dispute.
    But you have not told us why the child changed schools, so we can't tell if your question has a dispute in the background or not.
     
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  3. Ash

    Ash Well-Known Member

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    The information you have provided is incorrect. I have researched further and discovered... Under the Privacy Act and APP

    Australian Privacy Principle 12 — access to personal information

    If an APP entity holds personal information about an individual, the entity must, on request by the individual, give the individual access to.

    Also it is irrelevant why my daughter changed school. It is her personal information and we are entitled to it!

    On the side your disclaimer is interesting given how strong the words you use when providing your 'opinion'. In my opinion your response reads and presents like a fact.
     
  4. Tim W

    Tim W Lawyer
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    Think again.
    Don't just stop reading when you find the bit you like.
    You need to read the whole thing.
    In particular, have a read of APP 12.3.

    Is the school even an APP entity?
    I ask because, for example, if the school is small, and does not turn over $3 million annually,
    then it may not meet the definition of an APP entity (even if it behaves as though it does).
    In such cases (usually small business, which could include a private school),
    the APPs generally do not apply. It would however have to be a pretty small school.

    Let's assume for the sake of discussion that the school is an APP entity.
    That would then suggest that the school thinks itself exempt from the requirement
    to grant access, pursuant to one of the exemptions in 12.3.

    Consider, for example, 12.3(d) - that is, the exemption in relation existing or anticipated legal proceedings.
    This could be, for example, something as simple as a Restraining Order against a parent getting unruly on the sidelines, or as grave as a prospective action for negligence.*
    An event at either end of the legal scale could provide the basis for an APP 12.3 exemption.
    And that's just one example.

    So, what actual reason did they give for refusing you the "extra" material?

    One other thing - you paid for the teacher's work, and skill.
    You did not pay for, and do not own, the teacher's "working" notes and records.
    And certainly not those of, say, a school counsellor.


    __________________________________________________________
    * Say, for generic example, in respect the mismanagement of a sporting injury
     
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  5. Clancy

    Clancy Well-Known Member

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    Funny how it moved from 'No' to is there an exception from the 'requirement' and from a dispute being a reason positive to becoming a reason negative (12.3d) and make it sound like the original post was not a mistake.

    But you got some good information in his second post *thumbs up*
     
  6. Tim W

    Tim W Lawyer
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    Revisit the original question.

    The original question (my emphasis added) was:
    The answer to that is still "no".

    ...because of this:
     
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