1. Purpose & Scope
The purpose of this policy is to establish standards of privacy and dignity in the organisation’s dealings with prospective, current and past members and people with disability and their families/carers. The policy has been framed around individuals’ rights as they are specified in the Privacy Act (1988), Freedom of Information Act
(1982), The Disability Services Act (1993) and Standard 1 of the National Standards for Disability Services (2013). This policy applies to all of DDWA’s programs and activities.
2. Policy Statement - Privacy
DDWA is committed to ensuring that all people with disabilities and families/carers have the same level of privacy as is expected by the general community.
The following procedures are to be implemented to ensure that the organisation meets its policy objective of ensuring that all members of the organisation and its constituency have the same level of privacy, dignity and confidentiality as is expected by the rest of the community. DDWA staff and board members will:
3.1 Provide services in ways that enhance the dignity and positive social image of people with disabilities and family members and which respect people’s privacy.
3.2 Ensure that facilities for changing and toileting for people with disabilities provide privacy.
3.3 Only collect information about the member which can be shown to be directly relevant to effective service delivery and DDWA’s duty of care responsibilities.
3.4 Ensure that personal information is stored securely and is not left on view to unauthorised staff or the general public.
3.5 Advise the members of the nature of the personal information that is held by DDWA about the member.
3.6 Advise the member of their right to view the information that DDWA keeps in respect of the member.
3.7 Ensure that personal information about a member is only held by DDWA as long as it is remains relevant to the delivery of effective services and DDWA’s duty of care obligations.
3.8 Promptly investigate, remedy and document any member’s grievance regarding privacy.
4. Performance Standards
The following performance standards must be met to ensure that the procedures specified in Section 4 are implemented effectively:
4.1 All people with disabilities and families/carers have access to DDWA’s Policy on Privacy.
4.2 All employees have been encouraged to read DDWA’s Policy on Privacy and a staff copy of the policy is kept on the premises.
4.3 Feedback from members demonstrate that they feel their privacy is respected by DDWA personnel.
4.4 Members have been informed about why the information sought is required by the organisation.
4.5 Photographic, video or other identifying images are not displayed or aired publicly without the written prior permission of the member or designated family member/carer.
4.6 Any grievances have been addressed in accordance with the privacy, dignity and confidentiality principles outlined in the Policy on Feedback and Complaints.
5. Review of the Policy
This policy will be reviewed on a two yearly basis. However, if at any time the legislative, policy or funding environment is so altered that the policy is no longer appropriate in its current form, the policy will be reviewed immediately and amended accordingly.
6. Personal Information
DDWA is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including [interviews, correspondence, by telephone and facsimile, by email, via our website www.yourbusinessname.com.au, from your website, from media and publications, from other publicly available sources, from cookies- delete all that aren’t applicable] and from third parties. We don’t guarantee website links or policy of authorised third parties. We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain
to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your
However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
DDWA will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.