Protecting your Privacy
In accordance with the National Privacy Principles as contained in the Commonwealth Privacy Act 2000 the following policy has been adopted by Family Focus Australia:Protecting the privacy of clients’ information is a critical aspect of Family Focus Australia’s information management strategy. Family Focus Australia is bound by the National Privacy Principles (NPP) and other requirements under The Privacy Amendment (Private Sector) Act 2000, and the Health Records Act 2002. A further measure of Family Focus Australia’s commitment is its adherence to the ethical standards governing confidentiality and privacy contained within the Code of Ethics of the state Psychologist Registration Board and Australian Association of Social Workers.
The following statement describes the policies adopted by Family Focus Australia for the collection and management of personal information, and compliance with the NPP, The Privacy Amendment Act and the Health Records Act.
What is Personal Information?
Personal information that Family Focus Australia holds can be classified into two categories:
• Personal information
• Sensitive information
Personal information is information gathered, received, and stored, both electronically and hardcopy, that is of a private and confidential nature that is not public knowledge. This information is generally comprised of clients’ names, address, date of birth, telephone contacts, email addresses and employment details.
Sensitive information is a subset of personal information, and generally includes information or opinion which is relevant to the support service being provided. This information is generally compiled by a Counselor or Consultant and may include, but is not limited to, clients’ case file notes, session plans, assessment report, assessment results, consulting and training documentation, and critical incident documentation.
Purpose of Collection of Information
The broad purpose of collecting personal information is to set-up and administer a service, determine client’s requirements, and provide the appropriate service.
Information is gathered primarily as part of the assessment, diagnosis and intervention relevant to the psychological service being provided to the individual.
The information is retained in order to document what happens during sessions, and enables the Counselor or Consultant to provide a relevant and informed service.
An additional primary purpose for collecting personal and sensitive information is for the provision of statistical reports to organizations. The reports may include overall service delivery information, trends within and across organizations, and client satisfaction and feedback information. These reports do not include information, which identifies individuals.
A secondary purpose for collecting personal information is for invoicing procedures, where applicable and as complies with contractual obligations.
Personal information is held in either secure filing cabinets, secure archives, or stored electronically in a computer database. Access is limited to authorized employees and relevant contractors only. Information is destroyed after seven years in accordance with gazetted guidelines.
Use and Disclosure of Personal Information
Use of information is strictly limited to the primary purpose for which it was originally collected. All clients are provided with written information regarding the purpose, use and management of both personal and sensitive information to be collected, and they must consent to this in writing prior to service delivery. Information can only be used or disclosed for a secondary purpose with the written consent of the individual, except for the following exemptions:
Exemptions
The National Privacy Principle lists the following exemptions whereby information can be disclosed without consent:
• To reduce the risk to a client or other’s life
• Use of the information, in an unidentifiable format, for research
• Use or disclosure where required by law, or where reasonably necessary for the investigation of a criminal offence.
While the NPP states that Counselors and Consultants can disclose information, the guidelines specifically defer to professions’ Code of Ethics, which can help determine whether a practitioner will choose to disclose.
Where a client is incapacitated, the Counselor or Consultant may disclose the information to someone who is responsible for the client. This includes (but is not limited to) a parent, adult child, spouse, guardian, or a person who has an intimate personal relationship with the client.
Data Quality
Family Focus Australia will take every reasonable step to ensure the personal and sensitive information it collects, uses or discloses is accurate and complete.
Data Security
Family Focus Australia will take every reasonable step to protect the personal information its holds from misuse, and loss, and from unauthorized access, modification or disclosure.
Openness
A copy of the Privacy Policy is available upon request. On request, Family Focus Australia will take every reasonable step to let that person know, generally, the nature, purpose, collection, uses, and disclosure of information.
Provision of Privacy Officer
A Privacy Officer will be designated in each state head office to function as the point of contact for client enquiries and requests for access of information.
Access and Correction of Information
The Privacy Amendment (Private Sector Act) 2000 and NPP require that Family Focus Australia allow persons to access all their personal information, including obtaining a photocopy, and the right to correct it, or at least attach a personal statement of correction.
Requests for access to personal information can be made by contacting the relevant Family Focus Australia state office, or by writing to The Privacy Officer in the relevant state office. Receipt of requests will be confirmed in writing.
The request for access should state specifically the details of the personal information and/or correction of personal information required. There is no fee for lodging a request for personal information, and/or for correction of personal information. Family Focus Australia is entitled to set a reasonable fee to cover the administrative cost of actually providing or correcting the information.
If the individual has made a written request for access, Family Focus Australia will acknowledge the request as soon as possible or at least within 14 days.
If granting access is straight forward, Family Focus Australia will grant access within 14 days, or if giving it is more complicated, within 30 days.
An appointment may be made with the client where necessary for clarification purposes.
The NPP provide that in certain circumstances Family Focus Australia may deny access to information and/or refuse to correct information held. If a request is denied, Family Focus Australia will explain this decision in writing by reference to The Privacy Amendment (Private Sector Act) 2000 and the NPP.
Identifiers
Family Focus Australia will not use as its own identifier for a client the identifier assigned by a third party agency.
Anonymity
Where it is lawful and practicable, Family Focus Australia will not require individuals to identify themselves when entering into transactions with Family Focus Australia. Furthermore, individuals may decline to provide personal or sensitive information to their Counselor or Consultant. Individuals will be made aware that retaining anonymity may in some cases, impact the nature of service delivery.
Transborder data flow
Family Focus Australia undertakes not to transfer personal information about a client to another person in a foreign country that is not subject to a comparable privacy scheme (except with the client’s consent).
Complaints Procedure
Concerns about any aspect of the management of personal information should be directed initially to the Privacy Officer in the relevant Family Focus Australia state office. Complaints will be managed by the existing Service Incident and Customer Complaint protocols.
Where clients are dissatisfied with any decision made by Family Focus Australia, they will be informed in writing that the matter can be referred to the National Privacy Commissioner.