Can non-custodial parents whose children attend a private school/college get access to their children's school reports?

Question: Can non-custodial parents whose children attend a private school/college get access to their children's school reports?

Answer: Yes, in most circumstances it would be reasonable (under the NPPs) for private schools to release school reports to a parent that is not living with a child (ie a non-custodial parent).

Whether a parent is living with the child would not necessarily have special importance in working out whether it is reasonable for a school to release a report about a child to his or her parent. The Office would generally expect schools/colleges to take the same approach to any parent, regardless of whether the parent is living with the child.

Under NPP 2.1(a), the use and disclosure of personal information is permitted for the primary purpose for which the information was collected (for the school to record and follow the progress of a child).
Use and disclosure is permitted for a related secondary purpose that is within the reasonable expectations of the individual (the child). The Office considers that most children usually expect their school reports to be provided to their parents (whether custodial or not).

There will be a limited number of cases where the disclosure of a school report to a parent, would not be reasonable, such as where there is demonstrable risk to the child, including where a protection order of a Court is in place (for example, which denies a parent access to a child, or limits the parent's access to information about the child). A school would need to carefully consider these cases on the basis of the particular circumstances.

The National Privacy Principles (NPPs) in the Privacy Act apply to private schools across Australia. They do not apply to State and Territory public schools, which are not regulated by federal privacy law.

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