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Privacy and Information Management Policy and Procedures

Privacy Policy

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Privacy and Information Management Policy and Procedures

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;
  1. to provide for responsible collection and handling of personal information in the Victorian public sector; and
  2.  to provide remedies for interferences with the information privacy of an individual; and

  3. to establish a regime for monitoring and assuring public sector data security; and

  4. 1(e) substituted by No. 20/2017 s. 78.
  5.   to provide for the appointment of the Privacy and Data Protection Deputy Commissioner; and
  6. 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

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
  5. Consent for photography
  6. Consent to participate in Participant Satisfaction Surveys
  7. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.