Privacy Policy
AF Reliable Homecare(AFRH) is committed to the National Privacy Principles associated with the Commonwealth Privacy (Private Sector) Act 1988 as amended 14 September 2006. The policies relating to the National Privacy Principles include:
1. Collection of Information
AFRH will only collect information necessary to ensure the appropriate matching of staff to a client’s needs. Part of the staff employment process may include the staff to complete the following forms:
• Application for Registration (Form 022)
• Authority to Obtain Work Rights Status from Department of Immigration & Multicultural Affairs [DIMA] (Form 008)
• Prohibited Employment Declaration (Form 028)
• Hepatitis B Vaccination Statement (Form 038)
• Requirement of Worker to Disclose Pre-Existing Injuries (Form 039)
At, or before the time (or, if that is not practicable, as soon as practicable after) AFRH collects personal information about an individual from the individual, AFRH will take reasonable steps to ensure that the individual is aware of:
(a) the identity of AFRH and how to contact us; and
(b) the fact that he or she is able to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) the organisations (or the types of organisations) to which AFRH usually discloses information of that kind; and
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
Clients will be asked to provide details of the organisation such as contact persons (and level of authority), addresses and specific details pertinent to understanding the needs of the facility or individual. The aim of this information is to ensure adequate communication and the provision of staff to the skills level required. AFRH will always endeavour to collect all information directly from the staff member, client or their nominated representative. However when necessary staff members and, where applicable, clients will be informed of AFRH’s intention to collect information from alternative sources. Examples of such sources are referees, DIMA, Department of Health (regarding Criminal Record Checks) and the respective State Nurses and Midwives Registration Board. AFRH will seek feedback from clients regarding the performance of individual staff members. This will usually be in the form of a Clinical Assessment (Form 065).
2. Use and Disclosure
Information regarding staff and clients will not be disclosed to any person or organisation (other than the person or organisation to which the information refers) unless required to by law, the safety of a person is under serious or imminent threat or AFRH believes that a breach of law has occurred, or where the individual has consented to the use or disclosure. Persons or organisations that contact AFRH asking for details of a staff member or client will be asked for their contact details. The office staff will contact the staff member or client and provide them with the contact details so that the staff member or client can liaise directly with the inquirer, where appropriate, e.g. police enquiries. Staff or clients who wish information to be disclosed to another person or organisation must inform the AFRH office to expect a query, what the query will relate to and what information can be provided. It is preferable that the staff member or client put the request in writing. The request and the content of disclosure will be added to the staff member or client’s file. Staff and clients are not to disclose their personal contact information to each other, but are to liaise through AFRH for any queries.
3. Data Quality
AFRH will always endeavour to ensure information regarding staff and clients is current and correct. Staff and clients must provide AFRH with information relating to changes to their details. Changes to details are to be made only if the staff member or client provides them in person at the AFRH office or provides signed written advice. The signature on the advice will be checked against the staff member’s signature on their Application Form and a client’s against the signature on the service order or returned Terms and Conditions documentation.
4. Data Security
All computerised and hard copy information relating to a staff member or client will be protected against unauthorised access and use. Computer systems will only be accessed by password and hard copy information will be stored in a lockable cabinet. Office staff job descriptions include a statement relating to essential nature of maintaining staff / client confidentiality. All information no longer required will be destroyed after the legislated retention periods have expired.
5. Openness
Any person may have access to this Privacy Policy.
Upon request from a staff member or client, will disclose to that person or organisation the range of information held by AFRH.
6. Access and Correction
Access to the information held by AFRH will be allowed, in the presence of a AFRH office staff member, except to the extent that access would not pose serious or imminent threat to the life or health of any individual, the access would not impact upon the privacy of others, the request is not frivolous or vexatious, the information relates to existing or anticipated legal proceedings between AFRH and the individual (and the information would not be accessible by the process of discovery), access would provide details of AFRH’s negotiation with that staff member or client and prejudice the negotiations, the law prevents access to the information or an enforcement agency asks AFRH not to provide the information. AFRH will not provide access to evaluative information in connection with commercially sensitive decision making processes. AFRH, when necessary, will take steps to correct inaccurate information held about staff members and clients. However, if AFRH and a staff member or client disagree about the accuracy of information held by the agency, a statement noting the areas of disagreement and provided by the staff member or client can be added to the staff member or clients file. AFRH will provide reasons for denial of access or a refusal to correct personal information.
7. Identifiers
AFRH officers will not represent themselves as an individual staff member or client nor will AFRH disclose an identifier of a staff member or client to any other person or organisation. An example of a staff identifier is their payroll number.
8. Anonymity
AFRH will, within the practical limits of this policy and the law, protect the privacy of staff members and clients. However to effectively undertake its business AFRH requires that all staff are identified when registering with the Agency and all clients are identified when entering transactions with AFRH.
9. Transborder data flows
AFRH may transfer personal information about a staff member to someone (other than the organisation or the individual) who is in a foreign country only if:
(a) AFRH believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the staff member consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the staff member and the organisation, or for the implementation of pre?contractual measures taken in response to the staff member’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between AFRH and a third party; or
(e) all of the following apply:
1. Collection of Information
AFRH will only collect information necessary to ensure the appropriate matching of staff to a client’s needs. Part of the staff employment process may include the staff to complete the following forms:
• Application for Registration (Form 022)
• Authority to Obtain Work Rights Status from Department of Immigration & Multicultural Affairs [DIMA] (Form 008)
• Prohibited Employment Declaration (Form 028)
• Hepatitis B Vaccination Statement (Form 038)
• Requirement of Worker to Disclose Pre-Existing Injuries (Form 039)
At, or before the time (or, if that is not practicable, as soon as practicable after) AFRH collects personal information about an individual from the individual, AFRH will take reasonable steps to ensure that the individual is aware of:
(a) the identity of AFRH and how to contact us; and
(b) the fact that he or she is able to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) the organisations (or the types of organisations) to which AFRH usually discloses information of that kind; and
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
Clients will be asked to provide details of the organisation such as contact persons (and level of authority), addresses and specific details pertinent to understanding the needs of the facility or individual. The aim of this information is to ensure adequate communication and the provision of staff to the skills level required. AFRH will always endeavour to collect all information directly from the staff member, client or their nominated representative. However when necessary staff members and, where applicable, clients will be informed of AFRH’s intention to collect information from alternative sources. Examples of such sources are referees, DIMA, Department of Health (regarding Criminal Record Checks) and the respective State Nurses and Midwives Registration Board. AFRH will seek feedback from clients regarding the performance of individual staff members. This will usually be in the form of a Clinical Assessment (Form 065).
2. Use and Disclosure
Information regarding staff and clients will not be disclosed to any person or organisation (other than the person or organisation to which the information refers) unless required to by law, the safety of a person is under serious or imminent threat or AFRH believes that a breach of law has occurred, or where the individual has consented to the use or disclosure. Persons or organisations that contact AFRH asking for details of a staff member or client will be asked for their contact details. The office staff will contact the staff member or client and provide them with the contact details so that the staff member or client can liaise directly with the inquirer, where appropriate, e.g. police enquiries. Staff or clients who wish information to be disclosed to another person or organisation must inform the AFRH office to expect a query, what the query will relate to and what information can be provided. It is preferable that the staff member or client put the request in writing. The request and the content of disclosure will be added to the staff member or client’s file. Staff and clients are not to disclose their personal contact information to each other, but are to liaise through AFRH for any queries.
3. Data Quality
AFRH will always endeavour to ensure information regarding staff and clients is current and correct. Staff and clients must provide AFRH with information relating to changes to their details. Changes to details are to be made only if the staff member or client provides them in person at the AFRH office or provides signed written advice. The signature on the advice will be checked against the staff member’s signature on their Application Form and a client’s against the signature on the service order or returned Terms and Conditions documentation.
4. Data Security
All computerised and hard copy information relating to a staff member or client will be protected against unauthorised access and use. Computer systems will only be accessed by password and hard copy information will be stored in a lockable cabinet. Office staff job descriptions include a statement relating to essential nature of maintaining staff / client confidentiality. All information no longer required will be destroyed after the legislated retention periods have expired.
5. Openness
Any person may have access to this Privacy Policy.
Upon request from a staff member or client, will disclose to that person or organisation the range of information held by AFRH.
6. Access and Correction
Access to the information held by AFRH will be allowed, in the presence of a AFRH office staff member, except to the extent that access would not pose serious or imminent threat to the life or health of any individual, the access would not impact upon the privacy of others, the request is not frivolous or vexatious, the information relates to existing or anticipated legal proceedings between AFRH and the individual (and the information would not be accessible by the process of discovery), access would provide details of AFRH’s negotiation with that staff member or client and prejudice the negotiations, the law prevents access to the information or an enforcement agency asks AFRH not to provide the information. AFRH will not provide access to evaluative information in connection with commercially sensitive decision making processes. AFRH, when necessary, will take steps to correct inaccurate information held about staff members and clients. However, if AFRH and a staff member or client disagree about the accuracy of information held by the agency, a statement noting the areas of disagreement and provided by the staff member or client can be added to the staff member or clients file. AFRH will provide reasons for denial of access or a refusal to correct personal information.
7. Identifiers
AFRH officers will not represent themselves as an individual staff member or client nor will AFRH disclose an identifier of a staff member or client to any other person or organisation. An example of a staff identifier is their payroll number.
8. Anonymity
AFRH will, within the practical limits of this policy and the law, protect the privacy of staff members and clients. However to effectively undertake its business AFRH requires that all staff are identified when registering with the Agency and all clients are identified when entering transactions with AFRH.
9. Transborder data flows
AFRH may transfer personal information about a staff member to someone (other than the organisation or the individual) who is in a foreign country only if:
(a) AFRH believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the staff member consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the staff member and the organisation, or for the implementation of pre?contractual measures taken in response to the staff member’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between AFRH and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the staff member;
(ii) it is impracticable to obtain the consent of the staff member to that transfer;
(iii) it if were practicable to obtain such consent, the staff member would be likely to give it; or
(ii) it is impracticable to obtain the consent of the staff member to that transfer;
(iii) it if were practicable to obtain such consent, the staff member would be likely to give it; or
(f) AFRH has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10. Sensitive Information
AFRH will not collect sensitive information about an individual unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
10. Sensitive Information
AFRH will not collect sensitive information about an individual unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection
(ii) physically cannot communicate consent to the collection
AFRH may however collect health information about a staff member if:
(a) the information is necessary to provide a health service to the staff member; and
(b) the information is collected:
(i) as required or authorised by or under law (other than this Act); or
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which AFRH;
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which AFRH;
(c) the collection is necessary for any of the following purposes:
(i) research relevant to public health or public safety;
(ii) the compilation or analysis of statistics relevant to public health or public safety;
(iii) the management, funding or monitoring of a health service; and
(ii) the compilation or analysis of statistics relevant to public health or public safety;
(iii) the management, funding or monitoring of a health service; and
(d) that purpose cannot be served by the collection of information that does not identify the staff member or from which the staff member’s identity cannot reasonably be ascertained; and
(e) it is impracticable for AFRH to seek the staff member’s consent to the collection; and
(f) the information is collected:
(e) it is impracticable for AFRH to seek the staff member’s consent to the collection; and
(f) the information is collected:
(i) as required by law (other than this Act); or
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind AFRH; or
(iii) in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind AFRH; or
(iii) in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.
Should AFRH collect health information about a staff member, reasonable steps will be taken to permanently de-identify the information before any such information is disclosed.