Participant Privacy Policy

Privacy and Dignity Policy and Procedure

1.0 PURPOSE

Liberator Pty Ltd will manage and ensure that our organisation provides the participant access to services and supports that respect and protect their dignity and right to privacy.

2.0 SCOPE

This policy applies to all Staff.

3.0 POLICY

Liberator Pty Ltd is committed to protecting and upholding all stakeholders right to privacy and dignity; including participants, staff, management and representatives of agencies, we deal with.

Liberator Pty Ltd is committed to protecting and upholding the participants right to privacy and dignity as we collect, store and handle information about them, their needs and the services provided to them.

Liberator Pty Ltd requires Staff 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.

Liberator Pty Ltd is subject to NDIS (Quality and Safeguards) Commission rules and regulations. Liberator Pty Ltd will follow the guidelines of the Australian Privacy Principles in its information management practices.

Liberator Pty Ltd will ensure that each participant understands, and agrees to, what personal information will be collected and informed of the reason for the collection. The participant will be informed and agree to this information is being recorded material in an audio and/or visual format.

Liberator Pty Ltd will advise each participant of privacy policies using the language, mode of communication and terms that the participant is most likely to understand. (Easy Read documents are made available to all participants).

Liberator Pty Ltd will ensure that:

It meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of participants and organisational personnel.
The participants are provided with information about their rights regarding privacy and confidentiality.
The participants and organisational personnel are provided with privacy, and confidentiality is assured 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.
Participants are advised of Liberator Pty Ltd's confidentiality policies using the language, mode of communications and terms that are most likely to be understood. Liberator Pty Ltd will attempt to locate interpreters and will use easy access materials.

This policy conforms to the Federal Privacy Act (1988) and the Australian Privacy Principles, which govern the collection, use and storage of personal information.

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.

4.0 PROCEDURES

4.1 Dealing with personal information

In dealing with personal information, Liberator Pty Ltd staff will:

Ensure privacy for the participants, 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 with consent from the individual.
Ensure that people know of the type of personal information being held, the purpose of keeping the information and the method 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 the 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 participants understand and agree with what personal information will be collected and why.
Ensure participants are informed when any recordings occur in either audio and/or visual format. The participant's involvement in any recording must be agreed to in writing.

4.2 Participant Records

Participant records will be kept confidential and only handled by staff directly engaged in the delivery of service to the participant. Information about participants may only be made available to other parties with the consent of the participant, or their advocate, guardian or legal representative. A written agreement giving permission to the recording must be maintained in the participant's file.

All hard copy files of participant records will be kept securely in a locked filing cabinet, in the office of the staff member. All soft copy files are in a password protected laptop in the Power Diary (Client Management System).

4.3 Responsibilities for Managing Privacy

All staff are responsible for the management of personal information to which they have access. Nigel Duckett (Managing Director) is responsible for the content in Liberator Pty Ltd publications, communications and on the website and must ensure the following:

Appropriate consent is obtained for the inclusion of any personal information about any individual, including Liberator Pty Ltd personnel (Consent Policy and Procedure)
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.

Nigel Duckett (Managing Director) is responsible for safeguarding personal information relating to Liberator Pty Ltd's staff, management and contractors. Nigel Duckett (Managing Director) will be responsible for:

Ensuring that all Staff are familiar with the Privacy Policy and administrative procedures for handling personal information.
Ensuring that participants and other relevant individuals are provided with information about their rights regarding privacy and dignity.
Handling any queries or complaints about a privacy issue.

4.4 Privacy Information for Participants

At the first interview, participants will be notified of the type of information is being collected about them, how their privacy will be protected, and their rights in relation to this data. Information sharing is part of our legislative requirements. Participants must give consent to any information sharing between our organisation and government bodies. The participant is offered to opt-out of any NDIS information sharing during audits.

4.5 Privacy for Interviews and Personal Discussions

To ensure privacy for participants or Staff when discussing sensitive or personal matters, Liberator Pty Ltd will only collect personal information which is necessary for the provision of supports and services and which:

Is given voluntarily; and
Will be stored securely on the Liberator Pty Ltd client management system and in locked filing cabinets.

When in possession or control of a record containing personal information, Liberator Pty Ltd will ensure that the record is protected against loss, unauthorised access, modification or disclosure, by such steps as it is reasonable in the circumstances to take. All hard copy information is uploaded to the Client Management System (PowerDiary) which is backed up by PowerDiary to prevent loss. If it is necessary for the record be given to a person in connection with the provision of a service to Liberator Pty Ltd, everything reasonable will be done to prevent unauthorised use or disclosure of that record

Liberator Pty Ltd will not disclose any personal information to a third party without the individual’s consent unless that disclosure is required or authorised by or under law

5.0 RELATED DOCUMENTS

Code of Conduct Form
Consent Form
Policies and Procedures
PowerDiary Process

6.0 REFERENCES

NDIS Practice Standards and Quality Indicators 2018
Privacy Act (1988)