This policy has been adopted by Catholic Homes to comply with the requirements of the Privacy Act 1998 and Privacy Amendment (Enhancing Privacy Protection) Act 2012, Aged Care Act 1997 and the Aged Care Quality Standards, NDIS Practice Standards.
The Privacy Policy is specific to:
- personal information
- health information
- sensitive information
Target Audience/Scope
This procedure applies to all employees, including volunteers and contractors. It is applicable to all resident and client related documentation and information sharing, including residents who receive Residential Aged Care (RAC) funded services from CHI and participants who reside at a CHI RAC residence and receive supports funded by the National Disability Insurance Scheme (NDIS).
Definitions
| Term | Definition |
|---|---|
| CHI | Catholic Homes Incorporated | Client / Resident | An individual receiving services from CHI, encompassing community service clients, NDIS participants, aged care residents, and retirement living occupants. For simplicity this also includes their nominated or legal representative. | Employees | All individuals engaged in work within CHI, including volunteers. | Confidentiality | Confidentiality applies to information given to a person or organisation under an obligation not to disclose that information to others unless there is a statutory requirement or duty of care obligation to do so. 2 Living Positive Victoria –Privacy and Confidentiality Policy – April 2018 Policies can be established or altered only by the Board: Procedures may be altered by the CEO Confidentiality also applies to organisational information which is not to be used or disclosed by board members, staff, volunteers, contractors or students without authorisation. |
Residential Care Documentation | All Residents who are receiving Catholic Homes Residential Aged Care Services have:
|
Personal information | is information or an opinion (including information or an opinion forming part of a data base) whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or an opinion. | Health Information |
|
Sensitive information | Information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political party, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preference or practices, or criminal record. This is also considered to be personal information |
Policy
Collection of Information
Information is collected because it is necessary to provide tailored and appropriate health and care service to Catholic Homes’ Residents/Clients. Treating Residents/Clients with dignity and respect is making sure their privacy is respected. In collecting information, Residents/Clients can share their preference on how that information is collected and recorded; and how it is communicated with others. Residents/Clients are informed of the importance of collecting accurate information. Information is not shared with others, including coordinating of care with other organisations, without the consent of the Resident/Client.
How is Information Collected?
information is collected by lawful and fair means. It is collected directly from the individual and from others. Information may be collected from family members, Residents/Clients representatives,doctor, nurse, the Aged Care Assessment Team, the hospital, allied health professionals and others who have information relevant to the provision of quality health and care services to the individual.
The purpose of collecting relevant individual’s information from a wide range of persons and organisations are to assist in providing a holistic health and care service important to the Resident’s/Client’s needs, preferences and goals. Collecting information in this manner also enables a continuity of care for the Resident/Client.
Principles for the Collection of Resident/Client Information
Catholic Homes is committed to the principles outlined in the Privacy Act 1988 and Privacy Amendment (Enhancing Privacy Protection) Act 2012 and has in place procedures that ensure compliance with the legislation including the protection of sensitive information including health information. The Resident/Client Handbook outlines our approach to maintaining privacy and confidentiality of Resident/Client information.
The key guidelines for respecting Resident/Client privacy and confidentiality in Catholic Homes are:
- Residents/Clients are informed of the importance of collecting accurate information and are provided with information on our privacy policy in the Resident/Client Handbook.
- Resident/Client files and other information are securely stored.
- Resident/Client information and details are stored electronically, with access permitted to authorised staff on
- We take steps to correct information where appropriate and regularly review Resident/Client information to ensure it is accurate and up to date.
- We only collect information about Residents/Clients that is relevant to the provision of care and support, and we explain to Residents/Clients why we collect the information and what we use it for.
- Information may be collected from family members, Residents/Clients representatives, doctor, nurse, the Aged Care Assessment Team, the hospital, allied health professionals and others who have information relevant to the provision of quality health and care services to the individual
- Residents/Clients can ask to see the information that we keep about them and are supported to access this information.
- Residents/Clients are supported by us should they have a complaint or dispute regarding our privacy policy or the management of their personal information.
- All information relating to Residents/Clients is confidential and is not disclosed to any other person or organisation without the Residents/Clients permission.
- We only share information when it is necessary to ensure appropriate support is delivered and only with the Resident’s/Client’s permission/consent beforehand.
- The provision of information to people outside the service is authorised by the relevant manager/executive manager only.
- We do not discuss Residents/Clients or their support with people not directly involved in supporting them.
- Any discussions between staff about Resident/Client are held in a private space.
- We confidentially destroy any personal information held about our Residents/Clients when it is no longer necessary to keep the information or provide support.
Consent to Collect and Use Personal, Health and Sensitive Information
- Consent for providing a health service to an individual
Specific to the requirements under the Privacy Act 1988 and Privacy Amendment (Enhancing Privacy Protection) Act 2012, where an organisation provides health services to a Resident/Client, there is no requirement to obtain written consent for the collection of personal, health and sensitive information.
- Consent for providing services that are not health related
If the collection and use of individuals’ information under circumstances other than providing a health service, consent by the individual is required. If the situation arises, we will seek consent from individuals prior to releasing any non-health related information, e.g. university research, Government statistics.
Residents/Clients Right to Access Information
Residents/Clients of Catholic Homes have a right to read any personal information kept about them. A request from a Resident/Client (or their advocate) to access information is referred to the relevant team member who confirms the request with the Manager and then arranges for the Resident/Client to view their information within 30 days of the request.
Information is provided in a format accessible by the Resident/Client. The Resident/Client can nominate a representative to access their records held by us.
The manager/authorised staff member is available to assist the Resident/Client in understanding the information and to explain terminology or other assistance.
On advice from our legal representative, access to a Resident’s/Client’s record may be denied. This is discussed with the Resident/Client/advocate should this situation arise.
Commercial Marketing
Catholic Homes’ Privacy Policy prohibits any use of Residents/Clients information for any third-party commercial marketing use(s).
For internal purposes, Residents/Clients, employees’ and volunteers’ photos and details may be used with the individual’s (or the representatives’) consent (Image Consent and Release Form). The resident/client may at any time opt out by contacting the relevant line manager.
Quality Information
Catholic Homes is responsible for keeping personal information relevant, accurate, complete and up to date. It is the responsibility of employees, volunteers and Residents/Clients and interested
parties to inform Catholic Homes when there are changes to personal, health and/or sensitive information. Employees and Residents/Clients may also withdraw their consent at any time. Changes can be made by contacting the relevant line manager.
Security of Information
Catholic Homes may store your personal information in paper and/or an electronic form (including IT servers which may include cloud storage). All personal and health information held by Catholic Homes is stored securely in accordance with our Records and Information Management Policy. Only personnel with approved access can view, add to or amend such records.
The individuals whose personal and/or health information is collected by Catholic Homes have a right to access and make corrections if they believe the information held is incorrect. Such requests are referred to the relevant staff with approved access to personal and health information.
Catholic Homes takes all reasonable steps to destroy or de-identify the personal information once it is no longer required, in conjunction with the Australian Privacy Principles and applicable document disposal policy
Commonwealth Identifiers
Commonwealth identifiers are numbers such as Medicare number. Catholic Homes uses those numbers only when it is necessary for providing and arranging health services for the Residents/Clients.
Employees are given an individual Employee identification number upon commencement. This number is for internal use only.
Currency of Information
Catholic Homes has the responsibility to ensure personal information is secure and not used in an incorrect way. Staff, contractors and third-party organisations are required to comply with Catholic
Homes’ Privacy & Confidentiality Policy. Personal information no longer required is destroyed consistent with the terms of existing legislation.
All requests to view an individual’s personal, health or sensitive information should be made in writing to the relevant line manager.
Employee documents containing issues in relation to Performance Management cannot be released from the employee’s file. Furthermore, the Privacy Act states private sector employers are not required to grant past or present employees’ access to their staff records. Catholic Homes understands staff may need access to their documents for their own personal use. Therefore, requests will be taken into consideration before a final decision is made by the relevant Management. If access is to be denied, an explanation will be provided.
Note: there may be administration fees incurred for the retrieval of documents to compensate for the time and resources used. Please contact the Facility/Line Manager for further details.
Confidentiality of Complaints and Disputes
Information on disputes between a Resident/Client and a staff member/volunteer or a Resident/Client and a staff member/volunteer, is kept confidential. The Residents/Clients permission is obtained prior to any information being given to other parties whom it may be desirable to involve in the resolution of the complaint or dispute.
Monitoring privacy policy
Catholic Homes will monitor systems, workforce compliance and Resident/Client satisfaction against the policy from time to time.
Complaints and Feedback
If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance in line with the Privacy Act, you may contact the Line Manager in person, by phone, fax, email or in writing.
Contact Details
Line Manager
Catholic Homes Incorporated
Head Office
123 Burswood Road
BURSWOOD WA 6100
Phone:1300 244 111
Fax: 08 6454 1797
Email: catholichomes@catholichomes.com
External Complaints Process
If it is considered Catholic Homes Incorporated has not satisfactorily resolved complaint, the complaint can be referred to:
Aged Care Commission
If the person has a concern or complaint that we have not been able to resolve, the Aged Care Quality and Safety Commission (the Commission) can support the person, with information and options, to resolve their concern.
Enquiries Line: 1800 951 822
Post: Aged Care Quality and Safety Commission, GPO Box 9819, Western Australia
NDIS funded residents
If you wish to make a complaint about a breach of your privacy, please contact the NDIS Commission using the following contact details:
- Enquiries line: 1800 800 110
- Email:enquiries@ndis.gov.au
- Post: NDIS Commission Internal Integrity, PO Box 210, Penrith NSW 2750.
Office of the Australian Informal Commissioner (OAIC)
If the person is concerned their personal information has been mishandled, they first need to complain to CHI about it being mishandled. If they don’t receive a response from CHI to their complaint within 30 days or you’re not happy with their response, the person can lodge a complaint with OAIC:
- Enquiries Line – 1300 363 992
- Post: GPO Box 5288, Sydney NSW 2001