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Privacy Policy

St Basil's Homes recognises the right of each individual to maintain control over personal information about themselves, to check the verity of the information collected and also to know with whom information is shared. It also recognises the importance of informing and gaining consent from prospective residents and employees about the type, circumstance and frequency of information sharing and data collection that may occur internally for research and continuous improvement purposes, and externally with other agencies.

Accountability

Senior Management

will ensure development and implementation of privacy policy and procedure in line with the Aged Care Standards and legislative requirements.

Area managers

will ensure compliance with organisational policy and procedure within their area of responsibility.

Employees

will comply with privacy policy and procedure as applicable to their area of responsibility and work with management to ensure identification and correction of any operational difficulty in compliance that may be evidenced.

Procedure

St Basil's Homes will take reasonable steps to ensure that the necessary information it collects or discloses about clients or employees is relevant, accurate, complete and up-to-date, and is achieved by lawful and fair means.

Information will be collected from the individual concerned where possible, or from the responsible person as nominated by the individual when necessary.

Appendix 1

  • Individuals will be informed of the specific instances where personal, health or sensitive information may be disclosed, the use to which the information may be put, and to whom the disclosure may be made, on entry to the facility in the client and employee handbooks. Additional information will be given as necessary during the individual's residential, contractual or employment period through direct communication.
  • Information collected will only be used for the primary purpose of the collection except where the secondary purpose is directly related and reasonably expected by the individual.
  • Any disclosure of personal information about an individual is documented fully.
  • Residents being admitted into the Nursing Home or Hostels give their consent for the collection and limited release of information on signing the Application for Residency document (Clause 19), on admission.
  • Community Aged Care Packages clients give their consent for the collection and limited release of information on signing their Community Care Service Agreement, (including Privacy Clause), on entry to the programme.
  • Day Care Centre clients give their consent for the collection and limited release of information on signing the CIARR Assessment Agreement, (including Privacy Clause), on entry to the programme.
  • Individuals will be informed of their right to access personal information and correct it if it is wrong through policy description and procedural information contained in the client and employee handbooks. These handbooks will be given to prospective residential residents on entry to the organisation's care facilities, to community clients on entry to the programmes and to new employees during the organisational orientation process.
  • Access to personal information by an individual will be provided following application to the CEO, except under the circumstances listed in Appendix 2.
  • Health or sensitive information about an individual will not be released from St Basil's Homes except upon receipt of a subpoena.
  • The release of health or sensitive information to insurance companies, or legal representatives unless pursuant to a subpoena must be preceded by a letter of authorisation signed and dated by the individual or their representative, receipt of fee if appropriate and consent by the CEO.
  • St Basil's Homes will take reasonable steps to ensure that personal information it holds is protected from misuse, loss, unauthorised access, modification or disclosure.
  • St Basil's Homes will ensure the destruction or permanent de-identification of all personal information once it is no longer needed.
  • St Basil's Homes will develop policy and procedural guidelines about the management of personal information and make it available to anyone requiring the information.
  • Consultation about privacy issues will occur as required to ensure compliance with legislative requirements at all levels of the organisation as deemed necessary by senior management.

Appendix 2

If an organisation holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:

  1. In the case of personal information other than health information ? providing access would pose a serious and imminent threat to the life or health of any individual; or
  2. In the case of health information ? providing access would pose a serious threat to the life or health of any individual; or
  3. Providing access would have an unreasonable impact on the privacy of other individuals; or
  4. The request for information is frivolous or vexatious; or
  5. The information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
  6. Providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
  7. Providing access would be unlawful; or
  8. Denying access is required or authorised by or under law; or
  9. Providing access would be likely to prejudice an investigation of possible unlawful activity; or
  10. Providing access would be likely to prejudice;
    1. The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
    2. The enforcement of laws relating to the confiscation of the proceeds of crime; or
      iii. The protection of the public revenue; or
    3. The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    4. The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of it?s orders by or on behalf of an enforcement order; or
  11. An enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

Education & Training

  • Legislative Compliance
  • Privacy
  • Personal Privacy & Dignity
  • Clinical Documentation
  • Health & Personal Information
  • Confidentiality

Attachments & Forms

  • The Access to Information Request Form is available upon request from the manager of each of St. Basil's facilities.

Evaluation

The evaluation of this policy and associated procedures shall be undertaken at review.

Immediate early review will occur if implementation or operational difficulty is reported.
  (c) 2008 St. Basil's Homes NSW