QSF202 – PRIVACY AND DIGNITY POLICY
New Chapters, New Beginnings (NCNB) is committed to protecting the privacy, confidentiality and dignity of participants, workers, volunteers and stakeholders in the way information is managed. NCNB will ensure that every participant access supports that respect and protect their dignity and right to privacy. Respect and protection of personal privacy and dignity of each participant is an imperative for NCNB.
NCNB recognises the need to be consistent, cautious and thorough and ensure documents will be stored with appropriate use, access, transfer, storage, security, retrieval, retention, destruction and disposal processes. NCNB is committed to ensuring that information is used in an ethical and responsible manner and that it is in a form appropriate to its purpose.
The NCNB Code of Conduct outlines the responsibilities of the organisation and workers relevant to the use and management of information. If a participant or stakeholder is dissatisfied with the conduct of a staff member or manager in regard to information management or has concerns about confidentiality a complaint may be raised. Information on confidentiality and making a complaint will be made available to participants or their representative as part of the engagement process.
All individuals have legislated rights to privacy of personal information. The privacy provisions of the Privacy Act 1988 govern the collection, protection and disclosure of personal information provided to NCNB by participants, workers and stakeholders. All NCNB personnel are required to have an appropriate level of understanding about how to meet the organisation’s legal and ethical obligations to ensure privacy and confidentiality of information.
Australian Privacy Principles
Where required in accordance with the Privacy Act, NCNB must not do an act, or engage in a practice, that breaches an Australian Privacy Principle. NCNB management will refer to relevant OCIO guidelines regarding the requirements of the principles as they apply to the organisation as and when required.
A summary (ONLY) of the intent of the Australian Privacy Principles is provided as a guide.
NCNB may collect information about its participants and stakeholders as part of a working relationship. Staff will not disclose information that is not already available in the public domain without consent.
NCNB may hold information either in paper form, or on a computer, or both but will be managed in an open and transparent way. NCNB will take steps to protect personal information held against loss, unauthorised access, use, modification or disclosure and against other misuse.
Use of Information
Personal information collected by NCNB will be current, identifiable by category (i.e. personal, medical, other), and will only be used for purposes which are directly related to the functions or activities of the organisation.
These purposes include:
• Enquiry about service programs.
• Referral to specific services.
• Providing assessments, treatment and support to participants.
• Administrative activities, including risk assessments and human resources management.
• To identify and inform a participant of other relevant services that may be of interest.
• Sector development activities.
• Community development activities.
• Complaint handling.
NCNB must not adopt a government related identifier of a participant as its own identifier of the individual unless the adoption of the government related identifier is required or authorised by or under an Australian law or court/tribunal order.
Other information held by NCNB may be regarded as confidential, pertaining either to an individual or an organisation but may be used, subject to participant consent to monitor and review service performance and to inform decision making and planning.
In the process of collecting personal information that is reasonably necessary for, or directly related to, one or more function or activity the consent of the participant or of a delegated person will always obtained. Consent will be obtained to collect, use and retain their information or to disclose their information to other parties, including details of the purpose of collection, use and disclosure.
NCNB must not use or disclose the information for another purpose unless the participant has consented to the use or disclosure of the information unless the use or disclosure of the information is required or authorised by or under an Australian law or a court / tribunal order.
Personal must not be used or disclosed for the purpose of direct marketing unless consent has been secured.
NCNB will only collect and retain personal information by lawful and fair means. Collection of information will be direct from participants and information about a participant or other people will only be collected and retained with relevant authority and consent. NCNB will not collect and retain personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, one or more of NCNB’s functions or activities or to meet contractual or legal obligations.
DATA BREACH NOTIFICATION
The Office of the Australian Information Commissioner (OAIC) has specific responsibilities regarding privacy of information, as defined in the Australian Information Commissioner Act 2010.
Where an organisation has responsibilities under the Privacy Act (i.e. Australian Government agencies and organisations with an annual turnover more than $3 million) it must comply with the Notifiable Data Breach (NDB) Scheme (eligible data breach).
An ‘eligible data breach’, which triggers notification obligations, is a data breach that is likely to result in serious harm to any of the individuals to whom the information relates. The NDB scheme is designed so that only serious (‘eligible’) data breaches are notified.
Where an organisation becomes aware of reasonable grounds to believe that there has been an eligible data breach, individuals at risk of serious harm and the Commissioner must be promptly notified.
The full NCNB Privacy and Confidentiality policy can be requested.