Short Confidential Disclosure Deed – Company and Employee
This deed is made the Between IDEAL Placements (A.B.N. 77 069 425 654) of Shop 6, The Dome Arcade,134 Victoria Street, Mackay Qld 4740
A. The company is engaged in the business of employment for people with disabilities.
B. The employee is a job coordinator employed by the company and in the course of and a result of such employment by the company has access to or may become acquainted with information including but not limited to documentation or information received or developed by the employee in the performance of his duties, and trade secrets, marketing information, customer lists, financial information and business plans in respect of the company, its participants, customers and/or suppliers (‘the confidential information’).
C. The employee acknowledges the desire and right of the company to preserve the secrecy of this confidential information.
D. The employee acknowledges the desire and right of the company to have disclosured to it all ideas and original works made or authorised by the employee in the course of employment with the company.
Now the parties agree on with the other as follows
1. Confidential Information
1.1 The employee acknowledges that during the course of employment with the company he may become acquainted with or have access to confidential information, and agrees to maintain the confidence of the confidential information and to prevent its unauthorised disclosure to or use by any other person, firm or company. 1.2 The employee agrees not to use the confidential information for any purpose other than for the benefit of the company during or after his employment with the company. 1.3 The employee shall not remove the confidential information from the premises of the company without the written consent of the company. 1.4 The employee shall not for whatever reason either for himself or any third party appropriate, copy, memorise or in any manner reproduce or reverse engineer any of the confidential information. 1.5 The employee agrees to return any or all confidential information on request of the company. 1.6 Nothing in this deed shall impose an obligation on the employee with respect to maintaining confidence regarding any portion of the confidential information which is:
1.6.1 Generally known or available by publication, commercial use or otherwise; or 1.6.2 Is already known by the employee at the time of disclosure, nor is it intended to present the employee from using his own skill in any business in which he may be engaged after the termination of his employment with the company.
2. Employment Disclosure
The employee agrees to disclose to the company all ideas and original works made or authored by the employee in the course of employment with the company.
3. Injunctive Relief
The employee acknowledges that the company may obtain injunctive relief against the employee for any breach of this deed.
4. Employer’s Other Remedies
The employee acknowledges that if he or she breaches this deed that the employer’s remedies include but are not limited to summary termination of the employment of the employee and that the company is entitled to recover all profits attributed to or arising from any breach of this agreement by the employee.
5. Governing Law
This deed shall be governed by the law of the state of Queensland and the parties submit to the jurisdiction of the courts of that state.
In witness whereof the parties hereto have hereunto subscribed their names on day of 13 January 2014
Executed by IDEAL Placements Associated Inc. (A.B.N. 77 069 425 654) by authority of a resolution of the board of directors previously given, this of 13 January 2014
PARTICIPANT PRIVACY AND CONFIDENTIALITY
REFERENCES: NATIONAL STANDARDS DISABILITY SERVICES – Standard 1Rights, Standard 3 Individual Outcomes.
General All new employees will receive training relating to IDEAL Placements Privacy and Confidentiality procedures during their induction program. All employees are required to sign a “Short Confidential Disclosure Deed” upon commencement of employment.
Obtaining Participant Information Participant Information will only be obtained from the participant or those organisations / individuals as agreed by the participant. All information maintained in a participant’s file or on the database will be relevant to IDEAL Placements service provision. participants will be advised of the types of information during their registration interview.
Releasing Participant Information A signed “Information Release” form is maintained in each participant’s respective file. In the event of the participant not being able to sign an Information Release form, a signature will be obtained from a significant other (guardian, carer and advocate). Information shall only be released to persons or organisations stated on the Information Release form, unless further written consent is obtained from the participant or in other circumstances such as: • The disclosure is necessary to prevent or lessen a serious and imminent threat to the life, health or safety of the individual, or of another person (ordinarily an imminent threat would be a threat of bodily injury, mental health, illness or death). • The disclosure is required or authorised by or under law. • The disclosure is reasonably necessary for the enforcement of the law.
In the event of information being required as a matter of urgency and appropriate approval not being available, the reasons for information exchange and benefit of exchange for participant will be recorded in GEMMA participant contact history.
Access to and Correction of participant Information participants will be advised of persons who have access to their file during their Initial Interview. No persons other than: • The participants themselves • Personnel of IDEAL Placements who have signed a “Short Confidential Disclosure Deed” • Persons as required for Quality Assurance purposes • Persons / organisations as stated in signed Information Release form will have access to the participant information
Unless written permission is obtained from the participant. participants wishing to access information retained of them may make a request to do so either verbally or in writing. Access to information will be granted within 14 days of request and upon the identity of the individual being verified. Information regarding other persons or that may pose imminent threat to the individual or other persons will be removed prior to access.
A private space will be provided for the participant to view the information and a representative of IDEAL Placements will be present during the viewing so as to address any concerns the participant may have. In the event of a participant identifying inaccurate, incomplete or out-of-date information the information will be revised accordingly. Should the participant and IDEAL Placements not be able to agree about whether the information is accurate, complete or up-to-date, a written statement of the participant’s claim(s) will be recorded and a written explanation as to why IDEAL Placements is disputing the participant’s claim(s) will be provided.
Security and Storage of Participant Information All participant files are maintained in a secure and lockable location. No participant file is to leave the office unless being transferred to another site in which case it is to be transported in the supplied locked storage devices supplied by IDEAL Placements. At close of business each day all files are returned to their appropriate location. At close of business each day staff will ensure no identifiable information is left in public view. Information contained on GEMMA Database will have restricted access through passwords.
Retention and Destruction of Information As per Department of Education Employment and Workplace Relations Funding Agreement, participants’ files and data will be retained for a period of not less than seven years after deregistration. Upon deregistration of a participant their file will be closed and archived in the Deregistration filing cabinet.
In January of each year all files of participants deregistered for a period of seven years or greater will be destroyed, unless there are legal matters pending. Files shall be shredded either in-house or by a contracted document security company. In January of each year information maintained in the BRIDGE database of participants deregistered for a period of seven years or greater will be archived.
Interviews and Meetings Employees aware of forthcoming meetings or interviews shall book a meeting room to ensure privacy for the participants. Bookings are recorded on ESS electronic diary. Time required and name of employee using room to be recorded. In the event of the occurrence of an unscheduled meeting / interview the employee will endeavor to locate a suitable private space to conduct meeting.