Permission Access Agreement
These terms explain how information about Rail Industry Workers (RIWs) may be collected and used for the RIW Program.
In order to register a new RIW Card you will need to log-in to the RIW System. However, you will be deemed to have agreed to these terms as soon as you use your new RIW Card, even if it is not yet registered. You will also be prompted to confirm your agreement to these terms when you register your RIW Card on the RIW System. If you fail to use or register your RIW Card by 30 June 2020 then your RIW Card may be suspended or blocked. Your RIW Card may also be suspended or blocked if you fail to comply with these terms, or any other policies or procedures that apply to your participation in the RIW Program.
Please take the time to read the following information carefully.
What is the purpose of the RIW Program?
The RIW Program provides an online competency and safety management system for Australian rail workers and operators. It is owned and endorsed by the Australasian Railway Association (ARA) and operated by Metro Trains Australia Pty Ltd.
What personal information may be collected about me?
Information collected for the RIW Program may include: name, gender, photo, date of birth, address, contact details, identification information (e.g. signatures, driver’s licence), health information (e.g. fitness for work assessments, medical records, and results of drug and alcohol tests), competency information (e.g. skills, credentials, registrations and qualifications), right to work details (e.g. visas and passports), work roles, site attendance timestamps, employment history, emergency contact and other personal information as required for the RIW Program.
This information will be collected by Metro Trains Australia Pty Ltd (MTA) – as the operator of the RIW Program – when the information is entered onto the RIW System. Information may be entered into the RIW System by you, your employer, an authorised health practitioner, registered training organisation, or by one of MTA’s service team members on the instructions of an authorised user. If you have an existing RIW Card, your relevant details will be automatically transferred to the RIW System.
How is health information collected and managed for the RIW Program?
Health information about you – which may include fitness for work assessments, medical records, and results of drug and alcohol tests – may be entered on the RIW system by an authorised health professional (AHP) or by your employer where you have given them your consent to do so. This may include work restrictions e.g. requirements to wear prescription lenses and so on.
AHPs will have access to your information on the RIW System for the purpose of assessing your health and fitness for work, as required for the RIW Program. Where a rail transport operator engages the services of a Chief Medical Officer (CMO), the CMO will also access your information on the RIW System for the same purposes as an AHP and to monitor compliance by AHPs with the requirements of the National Health Standard and RIW Program.
If you give your employer permission to upload health information about you to the RIW System, your employer may access that information on the RIW System. However, apart from access by your employer, an RIW Participant that you are associated with or AHPs, that information will otherwise not be available to any other users of the RIW System.
How will my personal information be used?
MTA may use information stored on the RIW System to process RIW Card applications and to administer the RIW Program.
Rail operators and other organisations that are authorised participants in the RIW Program (RIW Participants) may access the RIW System to search for RIWs, check RIWs identification details, and access additional details about RIWs who they employ or are otherwise associated with. RIW Participants may collect, use or disclose RIW Information about that Rail Industry Worker to the extent necessary for the purposes of:
(a) processing RIW Card applications;
(b) safety, workforce and work site planning, procuring resources, training and reporting for the RIW Participant;
(c) competency and safety management; or
(d) breach management.
(e) managing any safety related regulatory claims, investigations or issues.
The RIW Participant may only otherwise collect, use or disclose the RIW Information where:
(f) required by law (including for investigations or prosecutions);
(g) the RIW Participant reasonably believes that use or disclosure is necessary to prevent or lessen a serious and imminent threat to a person’s life or health; or
(h) the Rail Industry Worker gives further clear consent to the RIW Participant.
As set out above, AHPs and CMOs may access information on the RIW System for the purposes of conducting health and fitness for work assessments, and to monitor compliance with the requirements of the National Health Standard and RIW Program.
Your personal information may be disclosed to MTA’s third party service providers and advisors who assist MTA to manage and provide the services in relation to the RIW Program. These third party service providers may include MTA’s third party service providers overseas, including in the UK and countries where they are not subject to similar laws to the Privacy Act 1988 (Cth) and, where applicable, State and Territory privacy laws (Privacy Laws). However, where your personal information is disclosed to MTA’s third party service providers who are located overseas, MTA will also take adequate measures to ensure that the personal information is handled by the overseas recipient in accordance with the Privacy Laws and MTA’s instructions for the purposes described above.
By accepting these terms, I agree:
On receipt of my RIW Card, what should I do?
What responsibilities do I have once I accept these terms?