Policy Purpose
This policy is intended to ensure that the support made available to participants by Carter Lane Care promotes, upholds, and respects their legal and human rights. This includes the participant’s right to access supports that respect and protect their privacy and dignity.
Carter Lane Care will integrate PACE requirements into its privacy and dignity practices to ensure participant data is handled securely and ethically.
Policy Statement
Carter Lane Care will facilitate, to the greatest extent possible, the capacity of all participants who access our supports to determine their own best interests and make decisions about their own lives, including with respect to directing supports that respect their culture, diversity, values, and beliefs.
Where supported decision-making or nominee decision-making is in place, we will work with participants and their chosen supporters to support (where reasonable and possible).
Our Privacy and Dignity policy is based upon:
- Our recognition of the legal and human rights of each participant.
- Our requirement to comply with the Australian Privacy Act (1988) (Cth) and the Australian Privacy Principles.
- The rights of each participant to access supports from us that respect and protect their dignity and personal privacy.
- The rights of participants to understand what information we collect about them, why, how it is held, and who has access to it. This information is provided to participants in the mode, format, and language requested or best understood by the participant. This includes providing information in audio or visual format if required.
- Our understanding that any personal information we hold about a participant belongs to them, and not to us. Therefore, as caretakers of this information, we have a moral and legal responsibility to maintain, update, and protect it appropriately.
- The commitment of our organisation to the upholding of the dignity of participants who access our supports, and all people with disability.
- Our belief that supports delivered by us should be provided in a way that enhances and promotes the dignity of the participant, in the way it is best understood by them.
- Our commitment to the NDIS Code of Conduct.
This policy aligns with the NDIS Practice Standards – Core Module to ensure the protection of participant privacy and dignity, in compliance with national privacy laws and human rights standards.
Privacy Procedure
Our Privacy and Dignity Policy is to be implemented in accordance with the procedures outlined in this document. We are dedicated to protecting the privacy and dignity of those who utilise our services. This procedure should be read in conjunction with our Policy and Procedure for Information Management.
Upon joining Carter Lane Care, and annually during the review of Support Plans and Service Agreements, we will inform participants of privacy and confidentiality requirements.
This includes:
- Informing participants of the confidentiality of their personal information, as well as the personal information we will collect from them, its intended use, how it will be stored, and who will have access to it.
- Dignity includes respecting a participant’s personal space, privacy, cultural identity, gender, communication needs, and preferences in all interactions, not only in relation to personal information.
- Providing the participant with the option to withhold personal information, while informing them that this may limit our ability to offer them support services.
- Collect only the personal information necessary to deliver the participant’s requested services. This may include information regarding gender, culture, ethnicity, preferred modes of communication, health concerns, relationships, and obstacles to achieving goals.
- Informing participants that they may access their personal information at any time in the presence of a staff member and a supporter of their choosing. Participants have the right to request access to their personal information, update any inaccuracies, and request deletion of information no longer required, in accordance with the Australian Privacy Act 1988
- Soliciting the participant’s written consent before disclosing any information about them to a third party. For instance, permission to speak with other support providers, community members, and chosen supporters who can help maximise the participant’s social and community engagement.
- Participant consent for information sharing will be obtained in writing and renewed annually. Verbal consent will only be accepted in urgent situations and must be documented immediately.
- Informing participants that we will seek their written consent before filming or recording their image or voice for internal training, public display, marketing, or other related purposes.
- Collaborate with nominees in limited situations where participants are unable to consent to a service agreement. In such situations, parents and guardians must reflect the participant’s needs and goals and make decisions regarding privacy and dignity in order to maximise the participant’s well-being in all aspects of his or her life. Carter Lane Care will collaborate with the nominee to achieve this objective.
- Our Privacy and Dignity Policy is made available to participants in the mode, format, and/or language of their choosing.
- To assist in the provision of connected supports that maximise opportunities for the participant to maintain and practise their individual values and beliefs, we may ask participants if they consent to sharing their support plan information with other members of their family and community chosen by them, with other providers of supports, and with other government agencies on a “need to know” basis.
- All staff will complete annual privacy and dignity training, including case studies on ethical data handling and participant interactions. Training records will be maintained in the Employee Register.
General Breaches
Any actual or suspected breach of participant privacy will be managed through Carter Lane Care’s Incident Management procedures and escalated in accordance with legislative and NDIS requirements.
Security of Information
We will take necessary steps to protect the personal information we hold against any misuse or unauthorised access. This includes using password protection for IT servers, locked filing cabinets and physical access restrictions with only authorised personnel permitted access. We will notify the Office of the Australian Information Commissioner about any possible data breaches as part of the requirements in the Notifiable Data Breaches scheme. In the case of data breaches, we will also adhere to our Incident Management and Reporting Policy and Procedure.
In the event of a data breach, Carter Lane Care will take immediate steps to contain the breach, assess risks, notify affected individuals and the Office of the Australian Information Commissioner (OAIC), and implement corrective actions.
All electronic records will be encrypted, stored on secure servers with restricted access, and backed up regularly. Multi-factor authentication will be required for staff accessing participant data.
Quarterly audits will be conducted to ensure compliance with privacy policies, with findings reviewed by senior management. Non-compliance issues will be documented and addressed promptly
Privacy and Complaints
Carter Lane Care will:
- Advise participants as to how they may make a complaint about privacy and dignity processes should they not be satisfied. Participants may file privacy-related complaints through our Complaints Management and Resolution Policy. Complaints will be handled confidentially, and resolutions will be communicated within 14 business days.
- Take feedback and complaints from participants in relation to our support provision, and act on suggestions raised by participants and their chosen supporters to improve our organisation in relation to ensuring consistent processes and practices are in place to protect the personal privacy and dignity of each participant.
- Treat all complaints in a confidential manner – see our Complaints Management and Resolution Policy and Procedure.
- Staff found to have breached privacy policies will be subject to disciplinary action, including retraining, suspension, or termination, depending on the severity of the breach.
Note: This policy is not designed to stand alone and should be considered in conjunction with all other Carter Lane Care Policies and Procedures.
|
Applicable forms and registers related to our Privacy and Dignity Policy and Procedure
|
|
Service Agreement
|
|
Applicable legislation related to our Privacy & Dignity Policy and Procedure
|
|
Australian Taxation Office
State legislation
- New South Wales (NSW): Privacy and Personal Information Protection Act 1998.
- Victoria (VIC): Privacy and Data Protection Act 2014.
- Queensland (QLD): Information Privacy Act 2009.
- South Australia (SA): Privacy Act 1988 (SA).
- Western Australia (WA): Freedom of Information Act 1992.
- Tasmania (TAS): Personal Information Protection Act 2004.
- Northern Territory (NT): Information Act 2002.
- Australian Capital Territory (ACT): Information Privacy Act 2014.
|
|
Document Control
|
Version:
|
V 1
|
Revision Date:
|
|
Approved By: (Name)
|
|
Signature:
|
Date Approved:
|
|
