Privacy Policy and Procedure
The purpose of this policy and procedure is to ensure Support Nurses upholds each participant’s individuality, dignity and privacy. The policy sets out Support Nurses responsibilities relating to the collection and protection of participant’s information.
Definition
Health information – Any information or an opinion about the physical, mental or psychological health or ability (at any time) of an individual.
Personal information – Recorded information (including images) or opinion, whether true or not, about a living individual whose identity can reasonably be ascertained.
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.
Policy
Active uses this policy to comply with the Privacy Act 1988 and the 13 Australian Privacy Principles.
The Privacy Act 1988 (Privacy Act) regulates how personal information is handled. The Privacy Act defines personal information as:
“….information or an opinion, whether true or not, and whether recorded in material form or not, about an identified individual, or an individual who is reasonably identifiable.”
Thirteen Australian Privacy Principles or APP entities that provide guidelines on how to handle, use and manage personal information are included in the Privacy Act.
The Privacy Act is the legislative reason why Activ collects, holds, uses and discloses staff, contractors, volunteers, students and customer’s personal information, in the manner outlined in this policy.
For more information about the Privacy Act or your rights, please visit the website of the Office of the Australian Information Commissioner
Privacy and confidentiality of participant’s information are of paramount importance to Support Nurses. We will only collect information necessary for effective service delivery. We will only use information collected for the purpose it was collected and secure it appropriately.
We will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.
Procedures
- Support Nurses will keep participants informed of their rights.
- We will ensure participant and or their authorised representative has access to participant personal information.
- We will keep participant information secure.
- Computers and laptops will be protected by user access credentials.
- We will not release information related to participants to other individuals or services without the consent of the participant or their representative.
- We will respect participant’s right to withdraw from consent at any time.
- We will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.
- All staff are responsible for upholding Company’s privacy and confidentiality responsibilities.
- Management will make arrangements for participants with special needs to assist with protecting their privacy and dignity.
- We will give due consideration to individuals and groups with special needs when upholding their privacy, dignity and confidentiality.
- We will capture participant information the privacy of their home or in our office and ensure that it is in an area that prevents other people from hearing their personal details.
- Participant privacy will be respected, and assistance will be given in a dignified and appropriate manner during social outings or in their own home.
- Staff will ensure time and space for participant privacy, respecting and encouraging participant independence.
- Individual choice will be respected in regard to clothing and grooming, taking into account various factors such as the weather to ensure warmth if cold or to avoid overheating during hot seasons.
- Employees will show respect for the participant’s home and participant belongings.
- Company will collect, use and disclose information in accordance with relevant state and Federal privacy legislation.
- Participant Information will not be collected or released to other individuals or services without informed consent from the participant or their representative, or in exceptional circumstances i.e., where legislation requires, in case of life threating emergency.
- Clinical records to be kept in a locked filing cabinet when not being used in the office; if a home file is kept this is to be kept discretely and privately in the participant’s home where the participant wishes to keep it.
- Company will not provide participant information over the phone as it is difficult to determine the identity of the caller(s).
- Company will ensure improvements identified through staff and participant feedback, are actioned through the company’s Continuous Improvement Plan.
- Company will monitor staff knowledge and application of confidentiality and privacy principles on-the-job and through yearly Performance Reviews.
- Company will provide additional on-the-job and formal training to staff where required.
Staff Privacy and Confidentiality
Staff information Support Nurses collects include, but is not limited to tax declaration form; employment / engagement contract; personal details; emergency contact details; medical details; Police and Working with Children Check records; Qualifications; First Aid, CPR and Anaphylaxis certificates; medical history; personal resume; payroll information; and Superannuation details
Staff information may be accessed the Management Team.
Staff have the right to request access to personal information Support Nurses holds about them, without providing a reason for requesting access; access this information; and make corrections if they consider the information is not accurate, complete or up to date.
If an individual requests access to or the correction of personal information, within a service benchmark of 2 working days (and no more than 45 days after receiving the request), staff will provide access, or reasons for the denial of access; correct the personal information, or provide reasons for the refusal to correct the personal information; or provide reasons for the delay in responding to the request for access to or correction of personal information.
Staff personal and health information will only be disclosed for medical treatment or emergency; with written consent from the staff member; or when required by Commonwealth Law, or to fulfil legislative obligations such as mandatory reporting.
Monitoring and Review
Support Nurses Management Team will review this policy and procedure at least annually. This process will include a review and evaluation of current practices and service delivery types, contemporary policy and practice in this clinical area, the Incident Register and will incorporate staff, participant and another stakeholder feedback. Feedback from service users, suggestions from staff and best practice developments will be used to update this policy.
Support Nurses Continuous Improvement Plan will be used to record and monitor progress of any improvements identified and where relevant feed into Support Nurses service planning and delivery processes.
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