User Undertaking
The Longitudinal Surveys of Australian Youth (LSAY) is managed by the National Centre for Vocational Education Research (NCVER) on behalf of the Australian Government Department of Education and Training.
LSAY is designed to provide a rich source of information about young people and their pathways to help researchers and policymakers make informed decisions about youth policies.
NCVER will provide access to the nominated dataset only if the individual requesting access undertakes to comply with the terms and conditions.
Individuals must accurately identify themselves when interacting with any entity or technology supporting access to LSAY data. Applications must accurately reflect the intended use of the data. NCVER either directly or through an entity delivering services on its behalf, may seek to verify an applicant’s identity and/or confirm the intended use of the data.
Terms and Conditions
The Authorised User must undertake and agree to take full responsibility for ensuring LSAY unit record data files will be protected according to the following terms and conditions and hereby undertake to:
- Use all information provided by the Australian Data Archive (ADA) only for the purposes specified in this application and as approved by the National Centre for Vocational Education Research (NCVER).
- Should the unit record data provided by NCVER be used for data matching/linking activities, comply at all times with the following conditions, and with any reasonable direction given by NCVER with respect to the disclosure, use or storage of matched/linked data. The Authorised User must hereby undertake to:
- Comply with all applicable laws and regulations (including the Privacy Act 1988 (Cth));
- Comply with all NCVER policies, procedures and protocols, including those published on NCVER’s website at www.ncver.edu.au, to the extent that they relate to that party’s role in the Project;
- Comply with all guidelines published by the Office of the Australian Information Commissioner which are mandatory for that party to comply with when matching/linking data;
- Comply, so far as is reasonably practicable, with all guidelines published by the Office of the Australian Information Commissioner which are relevant to that party’s role in the data matching/linking activities/project but which are not mandatorily imposed on that party,
- And ensure compliance with this clause by my employees, agents and subcontractors.
- Store and protect the data from misuse, interference and loss and from unauthorised access, modification or disclosure, including:
- Protecting the privacy of the data and related individuals who may be identifiable in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
- Not copying, sending or providing the data to other persons or organisations
- Not attempting to identify an individual, including matching the information with any other information for the purposes of identifying individuals.
- Not disclosing information to other persons or organisations on any particular individual or any information in the unit record data where the identity of a particular individual might reasonably be ascertained.
- Not disclosing information on any particular organisation contained in the unit record data to any other person or organisation without the written permission of the organisation to which the information relates.
- Not publishing or disclosing the data or research results in a way that would enable any individual or organisation (other than your own) to be identified.
- Not using the information as a basis for legal, administrative, or other actions that could affect individuals or organisations (other than your own) contained in the unit record data.
- Relinquishing access and not attempting to access the requested data if no longer working on the specified project/purpose, or upon ceasing employment with the specified organisation.
- Ensuring that data in all media (CD-ROMs, DVDs, portable storage devices, electronic files, hard copy) are stored securely with access controls.
- Destroying the data, including any data resulting from matching the unit record file with other datasets, and any copies of it at the conclusion of the specified project/purpose, provided that the organisation may, with NCVER’s prior written consent (which will not be unreasonably withheld, but may be granted subject to conditions at NCVER’s discretion), retain a single copy of data for archive purposes or to comply with any applicable laws or institutional policy, subject to the organisation continuing to comply with the terms of this undertaking.
- Attribute the source of the data in any publications resulting from the use of the unit record data.
- Provide a copy of any final reports and other data products to NCVER unless otherwise agreed by NCVER.
- Not do anything or permit anything to be done that may cause NCVER to breach its obligations under the Privacy Act 1988 (Cth) or its Privacy Policy (located at www.ncver.edu.au/privacy.html
The Authorised User must unconditionally and irrevocably indemnify NCVER against any loss incurred by NCVER (including legal costs, on a solicitor own client basis) as a result of any failure by the Indemnifying Party or any of its officers, employees, contractors, agents or representatives to comply with these terms and conditions for any reason. The Indemnifying Party must on demand from NCVER immediately pay or reimburse NCVER’s loss.
The Authorised User must undertake to adhere to all conditions listed above, and understand that any breach of these terms may result in withdrawal of access to the information and/or incur a legal penalty if there is a breach of the Privacy Act or a breach under Common Law through disclosure of an organisation’s commercial in confidence information.
The Authorised User must represent and warrant that the information set out in their Request is true and correct and acknowledge that NCVER will rely upon and be induced thereby to grant access to data held by the ADA.