Purpose and Scope
Living to the Max Occupational Therapy Services will manage and ensure that the rights of clients remain private and only used for the purpose that it is collected. This policy applies to all employees.
Any personal information held by LIVING TO THE MAX OCCUPATIONAL THERAPY SERVICES is protected under the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
Living to the Max Occupational Therapy Services is committed to protecting and upholding the right to privacy of clients, staff, management and representatives of agencies we deal with.
Living to the Max Occupational Therapy Services is committed to protecting and upholding the rights of our clients to privacy in the way we collect, store and use information about them, their needs and the services provided to them.
Living to the Max Occupational Therapy Services requires employees and management to be consistent and careful in the way they manage what is written and said about individuals and how they decide who can see or hear this information.
Living to the Max Occupational Therapy Services is subject to the requirements of the NDIS (Quality and Safeguards) Commission. The organisation will follow the guidelines of the Australian Privacy Principles in its information management practices.
Living to the Max Occupational Therapy Services will ensure that each client understands and agrees to what personal information will be collected and why, including recorded material in audio and/or visual format.
Living to the Max Occupational Therapy Services will advise each client of confidentiality policies using the language, mode of communication and terms that the client is most likely to understand.
Living to the Max Occupational Therapy Services will ensure that:
- It meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of clients and organisational personnel.
- Clients are provided with information about their rights regarding privacy and confidentiality.
- Clients and organisational personnel are provided with privacy and confidentiality when they are being interviewed or discussing matters of a personal or sensitive nature.
- All staff, management and volunteers understand what is required in meeting these obligations.
- Clients are advised of confidentiality policies using the language, mode of communications and terms that are most likely to be understood. Our company will attempt to locate interpreters and use easy access materials such as those on NDIS website.
This policy will apply to all records, whether hard copy or electronic, containing personal information about individuals, and to interviews or discussions of a sensitive personal nature.
Dealing with personal information
In dealing with personal information, Living to the Max Occupational Therapy Services staff will:
- Ensure privacy for clients, staff, or management when they are being interviewed or discussing matters of a personal or sensitive nature.
- Only collect and store personal information that is necessary for the functioning of the organisation and its activities.
- Use fair and lawful ways to collect personal information.
- Collect personal information only by consent from an individual.
- Ensure that people know what sort of personal information is held, what purposes it is held for and how it is collected, used, disclosed and who will have access to it.
- Ensure that personal information collected or disclosed is accurate, complete and up-to-date, and provide access to any individual to review information or correct wrong information about themselves.
- Take reasonable steps to protect all personal information from misuse and loss and from unauthorised access, modification or disclosure.
- Destroy or permanently de-identify personal information no longer needed and/or after legal requirements for retaining documents have expired.
- Ensure that clients understand and agree to what personal information will be collected and why.
- Clients will be informed why any recordings occur – audio and/or visual format. These must be agreed to in writing.
Client records will be confidential to clients and staff directly engaged in delivery of services to the client. Information about clients may only be made available to other parties with the consent of the client, or their advocate, guardian or legal representative. All client records will be kept on a securely protected database that is restricted to staff members directly engaged in delivery of service to the client.
All paper client records will be kept securely in a locked filing cabinet.
Responsibilities for managing privacy
- All staff are responsible for the management of personal information to which they have access, and in the conduct of research, consultation or advocacy work.
- The Managing Director and/or Director is responsible for content in Living to the Max Occupational Therapy Services’ publications, communications and website and must ensure the following:
- Appropriate consent is obtained for the inclusion of any personal information about any individual including Living to the Max Occupational Therapy Services personnel (Consent policy)
- Information being provided by other agencies or external individuals conforms to privacy principles
- That the website contains a Privacy statement that makes clear the conditions of any collection of personal information from the public through their visit to the website.
- The Managing Director and/or Director is responsible for safeguarding personal information relating to Living to the Max Occupational Therapy Services staff, management, contractors.
- Managing Director and/or Director will be responsible for:
- Ensuring that clients and other relevant individuals are provided with information about their rights regarding privacy.
- Handling any queries or complaint about a privacy issue.
Privacy information for clients
At the initial assessment, clients will be told what information is being collected, how their privacy will be protected and their rights in relation to this information.
Privacy for interviews and personal discussions
To ensure privacy for clients or staff when discussing sensitive or personal matters, the organisation will:
- Only collect personal information which is necessary for the provision of information provided on the site;
- Which is given voluntarily; and
- Which will be stored securely on the Living to the Max Occupational Therapy Services database
When in possession or control of a record containing personal information, Living to the Max Occupational Therapy Services will ensure that:
- The record is protected against loss, unauthorised access, modification or disclose, by such steps as it is reasonable in the circumstances to take;
- If it is necessary for that record to be given to a person in connection with the provision of a service to Living to the Max Occupational Therapy Services, everything reasonable will be done to prevent unauthorised use or disclosure of that record.
Living to the Max Occupational Therapy Services will not disclose such personal information to a third party:
- Without the individual’s consent; or
- Unless that disclosure is required or authorised by or under law