Last Amended: June 18, 2021

Policy

Management Maintenance & Development will comply with:

• the Privacy Act 1988 and the Privacy Amendment Act 2012 to protect the privacy of individuals’ personal information
• the Privacy and Data Protection Act 2014 (VIC)
• the Health Records Act 2001 (VIC)

This includes having in place systems governing the appropriate collection, use, storage and disclosure of personal information, access to and correction and disposal of that information.

 

Outcome

Compliance with legislative requirements governing privacy of personal information.

All clients are satisfied that their personal information is kept private and only used for the intended purpose.

 

Background

The Privacy Act 1988 (Privacy Act) is an Australian law which regulates the handling of personal information about individuals by private sector organisations. Amendments were made to this legislation in 2012 (the Privacy Amendment Act 2012) which updates the Australian Privacy Principles (APP) and came into effect in March 2014. The amendment requires an organisation to explicitly state how they will adhere to the APP and inform their participants on how their privacy will be protected. The APP cover the collection, use, storage and disclosure of personal information, and access to and correction of that information. The APP are summarised in Appendix 1 of this document.

 

The purpose of The Privacy and Data Protection Act (2014) is;

(a)     to provide for responsible collection and handling of personal information in the Victorian public sector; and

(b)     to provide remedies for interferences with the information privacy of an individual; and

(c)     to establish a protective data security regime for the Victorian public sector; and

(d)     to establish a regime for monitoring and assuring public sector data security; and

78. 1(e) substituted by No. 20/2017 s. 78.

(e)     to provide for the appointment of the Privacy and Data Protection Deputy Commissioner; and

(f)     to repeal the Information Privacy

Act 2000 and the Commissioner for Law Enforcement Data Security Act 2005 and make consequential amendments to other Acts.

The Health Records Act (2001) is to promote fair and responsible handling of health information by;

1. protecting the privacy of an individual’s health information that is held in the public and private sectors; and
2. providing individuals with a right of access to their health information; and
3. providing an accessible framework for the resolution of complaints regarding the handling of health information.

 

Definitions

‘Personal information’ means information (or an opinion) we hold (whether written or not) from which a person’s identity is either clear or can be reasonably determined.

‘Sensitive information’ is a particular type of personal information – such as health, race, sexual orientation or religious information.

 

Procedure

Ensuring all Management Maintenance & Development Staff Understand Privacy and Confidentiality Requirements

1. The Director of Management Maintenance & Development will review their Privacy Policy annually and ensure they understand their responsibility to protect the privacy of individuals’ personal information.
2. All Staff will undergo training related to Privacy and Confidentiality Requirements at the time of induction and then annually.

Managing Privacy of Participant / Client Information Storage

1. Participant information collected is kept in an individual participant record.
2. Each participant record has a unique identification number
3. A participant record includes: personal information • clinical notes • investigations • correspondence from other healthcare providers • photographs • video footage.
4. A Firewall is used in the Management Maintenance & Development computer system as a means of protecting information stored on the computer. Other security related procedures such as user access passwords, multi-factorial authentication also assist with the protection of information.
5. Paper records are kept in locked, fireproof cabinets.
6. Participant information is stored for seven years post the date of works.
7. Participant related information, or any papers identifying a participant are destroyed by shredding and deleting from the computer and all databases.
8. User access to all computers and mobile devices holding participant information is managed by passwords and automatic inactive logouts.

Managing Privacy and Confidentiality Requirements of Client / Participant

1. Management Maintenance & Development refers to their Privacy Policy on the participant’s NDIS Service Agreement.
2. The NDIS Service Agreement includes 5 Consents:
3. Consent for sharing and obtaining Information
4. Consent for receiving services

• Consent for photography

1. Consent to participate in Participant Satisfaction Surveys
2. Consent to participate in Quality Management Activities

These consents are discussed with the participant and /or their decision maker in a way        they can understand prior to the commencement of service.

3. Persons contacting Management Maintenance & Development with an enquiry do not need to provide personal details. However, once a decision is made to progress to utilising Management Maintenance & Development’s services, personal and sensitive information will need to be collected.
4. Management Maintenance & Development may need to share pertinent participant information with other professional Allied Health Professional at the time of case conferencing or when determining support plans. Information is only shared in order to provide the best service possible and is only shared with those people whose Professional Codes of Ethics include privacy and confidentiality. Permission to share information is sought from the participant prior to the delivery of services and as required at other points of intervention as / if required.
5. Personal information is not disclosed to third parties outside of Management Maintenance & Development other than for a purpose made known to the participant and to which they have consented, or unless required by law.
6. Participants are informed there may be circumstances when the law requires Management Maintenance & Development to share information without their consent.

Keeping Accurate Participant Information

Participants are informed of the need to provide us with up to date, accurate and complete information.

Management Maintenance & Development staff update information on the participant record at the time of reviews or when they become aware of change in information.

Staff at Management Maintenance & Development update the participant record as soon as practical after the delivery of services to ensure information is accurate and correct.

Using Participant Information for Other Purposes

Under no circumstances will Management Maintenance & Development use personal details for purposes other than stated above, unless specific written consent is given by the participant or their representative.

Participant Access to Their Information

Participants have the right to access the personal information Management Maintenance & Development holds about them. To do this, participants must contact the Director of Management Maintenance & Development.

Management of a Privacy Complaint

1. If a person has a complaint regarding the way in which their personal information is being handled by Management Maintenance & Development, in the first instance they are to contact the Director. The complaint will be dealt with as per the Complaints Management Policy. If the parties are unable to reach a satisfactory solution through negotiation, the person may request an independent person (such as the Office of the Australian Privacy Commissioner) or the NDIS Quality and Safeguards Commission to investigate the complaint. Management Maintenance & Development will provide every cooperation with this process.

 

 

Appendix 1: Summary of the 13 Australian Privacy Principles

 

APP 1 — Open and transparent management of personal information

Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date APP privacy policy.

APP 2 — Anonymity and pseudonymity

Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.

APP 3 — Collection of solicited personal information

Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of ‘sensitive’ information.

APP 4 — Dealing with unsolicited personal information

Outlines how APP entities must deal with unsolicited personal information.

APP 5 — Notification of the collection of personal information

Outlines when and in what circumstances an APP entity that collects personal information must notify an individual of certain matters.

APP 6 — Use or disclosure of personal information

Outlines the circumstances in which an APP entity may use or disclose personal information that it holds.

APP 7 — Direct marketing

An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.

APP 8 — Cross-border disclosure of personal information

Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas.

APP 9 — Adoption, use or disclosure of government related identifiers

Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier, or use or disclose a government related identifier of an individual.

APP 10 — Quality of personal information

An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure.

APP 11 — Security of personal information

An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.

APP 12 — Access to personal information

Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.

APP 13 — Correction of personal information

Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals.