Policy statement 

Love2Live Support Services is committed to ensuring that all participants have the same level of privacy and confidentiality as is expected by the rest of the community. 

Scope  

This policy applies to all employees, participants, families, advocates, contractors, volunteers or business partners. This policy is owned by the Love2Live Support Services. 

Principles  

1 Consistent processes and practices are in place that respect and protect the personal privacy and dignity of each participant. 

2 Each participant is advised of confidentiality policies using the language, mode of communication and terms that the participant is most likely to understand. 

3 Each participant understands and agrees to what personal information will be collected and why, including recorded material in audio and/or visual format. 

4 Love2Live Support Services ensures the organisation, and its employees will always manage participant’s personal information in an open and transparent way. 

5 Love2Live Support Services will ensure its Privacy policy is maintained and kept up to date to align with all necessary State and Federal legislation.  

6 Love2Live Support Services will ensure the Privacy policy is readily available to all participants, their families, carers, or advocates in numerous forms to meet the needs of all stakeholders, including hard copy and electronic versions on the organisation’s website. 

7 If a participant, their family, carer, or advocate requests a copy of the organisation’s Privacy policy in a particular form, Love2Live Support Services will take such steps as are reasonable in the circumstances to give the participant a copy in that form. 

8 All participants have the option of not identifying themselves, or of using a pseudonym, when dealing with Love2Live Support Services in relation to a particular matter, unless it is impracticable for Love2Live Support Services to deal with individuals who have not identified themselves or who have used a pseudonym. 

9 Love2Live Support Services can only collect participant information if the participant, their family, carer or advocate consents to the collection of the information and it’s reasonably necessary for, or directly related to, one or more of the organisation functions or activities. 

10 Participant information that was collected for a particular purpose (the primary purpose) will not be disclosed by Love2Live Support Services for any other purpose unless the participant, their family, carer or advocate has consented to the use or disclosure of the information or the participant would reasonably expect Love2Live Support Services to use or disclose the information for the alternative purpose.   

11 Love2Live Support Services will not use any participant information for the purpose of direct marketing. 

12 Love2Live Support Services will take such steps to ensure that the personal information is accurate, up-to-date, and complete.  

13 Love2Live Support Services will ensure participant information is protected from misuse, interference and loss; and from unauthorised access, modification or disclosure. 

14 Love2Live Support Services ensures participant information is readily available to them on request by the participant, their family, carer, or advocate unless: 

·       the organisation reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or giving access would have an unreasonable impact on the privacy of other individuals.  

·       the request for access is frivolous or vexatious.  

·       the information relates to existing or anticipated legal proceedings between the entity and the individual, and would not be accessible by the process of discovery in those proceedings.

·       giving access would be unlawful; or

·       denying access is required or authorised by, or under, an Australian law or a court/tribunal order. 

15 Love2Live Support Services will respond to all requests for access to the personal information within 14 days after the request is made. 

16 If Love2Live Support Services believes any participant information is inaccurate, out of date, incomplete, irrelevant, or misleading, the organisation will take the necessary steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant, and not misleading. 

Practice requirements

17 Privacy - All participants have a right to privacy in relation to the collection, use and disclosure of information concerning them, and in the dignified way services are delivered to them.  

18 Consent - Participants have the right not to have their personal information disclosed to others without their informed consent. Personal information is information or an opinion about a person whose identity is reasonably identifiable from that information or opinion, E.g. a person’s name, address, date of birth and details about their health or disability. Consent to share information may be changed or withdrawn by the participant at any time they choose.  All requests must be made in writing to maintain accurate record keeping processes.  

19 Informed – Love2Live Support Services recognises that all participants should be kept informed on how their information will be used and stored. Love2Live Support Services and its employees are responsible for explaining to participants: 

·       the kinds of personal information that will be collected and held, including recorded audio and visual material. 

·       why this information is held. 

·       who will have access to this information. 

·       how Love2Live Support Services will keep the information secure; 

·       how this information will be used. 

·       how to access and amend information held about them; 

·       how to make a complaint if they feel that Love2Live Support Services has breached their privacy obligations. 

19 Exceptions – Love2Live Support Services and its employees are obliged to be aware of situations where other legal obligations may provide an exemption to obtaining informed consent from an individual. This might include mandatory reporting requirements on child protection matters, and obligations to report incidences of violence, exploitation, neglect, and abuse, and sexual misconduct to the NDIS Commission and Police. 

20 Maintaining dignity – Love2Live Support Services and its employees must be aware of the privacy needs and preferences of our participants and deliver services in a way that maintains personal dignity. This includes: 

·       maintaining the confidentiality of the participant’s personal information. 

·       requesting permission to perform, and explaining procedures that involve physical touch or the invasion of personal space. 

·       the timely provision of services to prevent embarrassment and discomfort such as toilet breaks or the changing of incontinence pads. 

·       considering everyday personal privacy needs such as being able to shower and dress in a private and comfortable space.   

In dealing with personal information, Love2Live Support Services abides by the obligations imposed under federal law, including the Privacy Act 1988 and the National Disability Insurance Act (2013). The organisation is also bound by confidentiality and secrecy provisions in the National Disability Insurance Act (2013). 

Related policies  

·       Code of Conduct policy

·       Choice & Control policy 

·       Promoting and Protecting Rights policy 

·       Preventing Abuse, Neglect and Exploitation policy 

·       Complaints Management policy  

Related links 

·       Anti-Discrimination Act 1991  

·       Disability Discrimination Act (1992) 

·       Information Privacy Act 2009 

·       A New Tax System (Goods and Service Tax) Act 1999 

·       Freedom of Information Act 1982, Privacy Act 1988 

·       Australian Privacy Principles  

·       National Disability Insurance Scheme Act 2013  

·       National Disability Insurance Scheme (Protection and Disclosure of Information) Rules 2013  

·       National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018  

·       Privacy Act 1988  

·       Archives Act 1983  

·       Australian Privacy Principles 

Acknowledgements 

Love2Live Support Services adheres to the NDIS Code of Conduct and NDIS Practice Standards for providers and workers.  Our Quality Services and Supports promote the National Standards for Disability

Services – evidence Guide 

The organisation promotes the Human Rights principles of the Convention on the Rights of Persons with Disabilities. 

POLICY HISTORY

Policy name- Privacy and Confidentiality Policy

Policy created- By Love2Live Support Services 1/9/2021

Privacy

September 2021

Privacy procedure

The purpose of this procedure is to establish standards of privacy and confidentiality in Love2Live Support Services dealings with all participants.  

 Love2Live Support Services Privacy policy and procedure have been framed around participants; rights as they are specified in the Privacy Act 1988, Freedom of Information Act 1982,  the Disability Services Act 2006 (NSW) and the National Standards for Disability Services. 

Procedures

The following procedures are to be implemented to ensure Love2Live Support Services and its employees meets its policy objective of ensuring that all participants have the same level of privacy and confidentiality as is expected by the rest of the community. 

Love2Live Support Services will: 

·       Only collect information about the participant that can be shown to be directly relevant to effective service delivery and the organisation’s duty of care responsibilities.  

·       Seek the written consent of the participant, their family, carer or advocate prior to obtaining information from any other source.  

·       Seek the written consent of the participant, their family, carer or advocate prior to releasing information to any other source.  

·       Ensure that personal information is stored securely and is not left on view to

unauthorised employees or the general public.  

·       Ensure that only those Love2Live Support Services employees who need access to the information will be granted access.  

·       Advise the participant, their family, carer, or advocate of the nature of the personal information that is held by the organisation about the participant.  

·       Advise the participant, their family, carer, or advocate of their right to view the information that the organisation keeps in respect to the participant.  

·       Ensure that personal information about a participant is only held by the organisation as long as it remains relevant to the delivery of effective services and Love2Live Support Services’ duty of care obligations.  

·       Promptly investigate, remedy, and document any grievance regarding privacy, dignity or confidentiality. 

Performance standards 

The following performance standards must be met to ensure that the procedures specified above are implemented effectively. 

·       All participants, their family, carer or advocate have been provided with a copy of Love2Live Support Services Privacy policy in a format they understand.  

·       All Love2Live Support Services employees have been provided with a copy of the organisations Privacy policy and an employee copy of the policy is kept in each service outlet.  

·       Participants, their family, carer or advocate have been informed why the information sought is required by Love2Live Support Services.  

·       Personal Information consent forms have been completed by the participant, their family, carer or advocate prior to information being collected from other sources.  

·       Love2Live Support Services maintains a participant information register that houses all personal information pertaining to a participant.  

·       Participant files are stored in lockable filing cabinets and files are returned to their proper location as soon as they are no longer required.  

·       Participant names or other identifying information is not displayed on whiteboards or notice boards that may be viewed by other participants, their family, carer, advocate or the general public.  

·       Photographic, video or other identifying images are not displayed or aired publicly without the written prior permission of the participant, their family, carer or advocate.  

·       Participant files have been periodically reviewed to ensure that personal information that is no longer relevant, and unlikely to be relevant in the future, is culled from files.  

·       Any grievances have been addressed in accordance with the Privacy and Complaint’s policies. 

Responsibility

Love2Live Support Services employees are responsible for: 

·       ensuring all participant information is kept and stored in a secure location. 

·       not disclosing participant information without prior consent. 

·       having viewed and understood the Privacy policy. 

Love2Live Support Services Managers are responsible for: 

·       ensuring employees have viewed and understood the Privacy policy. 

·       ensuring all employees are handling participant information as per the Privacy policy and procedure. 

Love2Live Support Services owner/managers are responsible for: 

·       ensuring senior managers are sufficiently skilled and in trained best practice for managing privacy documents. 

·       monitoring the implementation of this procedure.  

Reporting 

Any grievances or mishandling of participants’ private information is recorded in the organisation’s complaint register, and as part of the annual reporting process and quality evaluation reports.  

Review and evaluation 

Love2Live Support Services will monitor any grievances or mishandling of participants’ private information to identify opportunities to improve Love2Live Support Services Privacy procedure. 

Key Contact

Questions about how to implement this procedure should be directed to Kristy Hodges, Owner/Manager on 0431342695. 

 PROCEDURE HISTORY

Policy name- Privacy Confidentiality Procedures

Policy created- 1/9/2021

Privacy

September 2021

Policy reviewed

Policy reviewed