Privacy and Dignity Policy and Procedure

1.3 PRIVACY AND DIGNITY POLICY AND PROCEDURE

1.0 Purpose

To ensure that each participant accesses supports that respect and protect their dignity and right to privacy.

2.0 Scope

The policy applies to:

• My Life Accommodation and Care Solutions employees, whether permanent or casual, contractors, volunteers, and stakeholders
• All participants, their families, carers and/or advocates.

3.0 Definitions

4.0 Policy

My Life Accommodation and Care Solutions is committed to delivering flexible and tailored supports that meet the diverse needs of participants and continuously promote and uphold human rights. My Life Accommodation and Care Solutions implements policies, procedures and guidelines relating to privacy and dignity to ensure:

• Consistent processes and practices are in place that respect and protect the personal privacy and dignity of each participant
• Each participant is advised of confidentiality policies using the language, mode of communication and terms that the participant is most likely to understand
• Each participant understands and agrees to what personal information will be collected and why, including recorded material in audio and/or visual format.

My Life Accommodation and Care Solutions will actively achieve this by:

• Protecting and upholding all stakeholders’ rights to privacy and dignity, including participants, staff, management, and representatives of other service agencies.
• Protecting and upholding the participants’ rights to privacy and dignity as we collect, store and handle information about them, their needs and the services provided to them.
• Ensuing My Life Accommodation and Care Solutions employees are consistent when writing documents regarding a participant and when deciding who has access to this information.
• Ensuring My Life Accommodation and Care Solutions follows and implements the NDIS Quality and Safeguards Commission rules and regulations.
• Ensuring that each participant understands, and agrees to, the type of personal information collected and the reasons for collection. If the material is to be recorded in an audio or visual format, the participant must agree to their involvement, in writing, before any material can be collected. The participant must also be informed at the time material is being recorded in an audio or visual format.
• Advise each participant of My Life Accommodation and Care Solutions’s Privacy Policy 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.

My Life Accommodation and Care Solutions will ensure that:

• It meets all legal and ethical obligations as an employer and service provider, concerning protecting the privacy of participants and organisational personnel.
• Participants are provided with information about their rights regarding privacy and confidentiality.
• 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 My Life Accommodation and Care Solutions employees, management and volunteers understand the requirements to meet their obligations
• My Life Accommodation and Care Solutions will provide all information relating to both confidentiality and service delivery processes to participants using the language, mode of communications and terms they are most likely to understand including in an easy-read format and if necessary, will arrange for an interpreter and documentation relevant to a participant’s preferred language. If a participant should require assistance to read or interpret the information provided, an advocate of the participant’s choice can be present to assist.
• My Life Accommodation and Care Solutions 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.

5.0 Procedure

5.1 Managing Personal Information

In dealing with personal information, My Life Accommodation and Care Solutions employees will:

• Ensure privacy for the participants, staff, or management when they are being interviewed or discussing matters of a personal or sensitive nature.
• Collect and store personal information that is only 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 collected, the purpose of keeping the information, the method used when information is collected, used or disclosed, who will have access to information.
• 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, loss and unauthorised access, modification or disclosure.
• Destroy or permanently de-identify personal information no longer needed or after legal requirements for retaining documents that have expired.
• Ensure that participants understand and agree with the type of personal information being collected and the reason/s for collection.
• Ensure participants are advised of any recordings in either audio or visual format, and the participant’s involvement in any recording format has been agreed to, in writing, before collection of material takes place.

5.2 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 a participant may only be made available to other parties with the consent of the participant, or their advocate, guardian or legal representative. A written agreement providing permission to keep a recording must be stored in the participant’s file. All hard copy files of participant records will be kept securely on an electronic cloud-based server, and/or in a locked filing cabinet, in the office of the Director and/or appointed delegate.

5.3 Responsibilities for Managing Privacy

All My Life Accommodation and Care Solutions employees are responsible for the management of personal information to which they have access. The Director and/or appointed delegate is responsible for the content appearing in My Life Accommodation and Care Solutions publications, communications, and on our website, and must ensure:

• Appropriate consent is sought and obtained for the inclusion of any personal information about any individual, including My Life Accommodation and Care Solutions personnel.
• Information provided by other agencies or external individuals conforms to our privacy principles.
• The My Life Accommodation and Care Solutions website contains a Privacy Statement that clearly outlines the conditions regarding any collection of personal information from the public captured via their visit to the website.

The Director and/or appointed delegate, is responsible for safeguarding personal information relating to My Life Accommodation and Care Solutions employees, management and contractors. The Director and/or appointed delegate will be responsible for:

• Ensuring that all staff members are familiar with this Privacy and Dignity Policy and Procedure and administrative procedures for handling personal information
• Providing participants and other relevant individuals with information about their rights regarding privacy and dignity
• Handling any queries or complaints about a privacy issue.

5.4 Privacy Information for Participants

During the initial interview for a participant at My Life Accommodation and Care Solutions, participants are notified of the information being collected about them, how their privacy will be protected, and their rights concerning this data. Information sharing is part of our legislative requirements. Participants must provide consent to any information sharing between our organisation and government bodies. The participant is informed they can opt-out of any NDIS information sharing during audits.

5.5 Privacy for Interviews and Personal Discussions

To ensure privacy for participants or staff when discussing sensitive or personal matters, My Life Accommodation and Care Solutions will only collect personal information which is necessary for the provision of supports and services and which:

• Is given voluntarily
• Will be stored securely on the My Life Accommodation and Care Solutions electronic server and/or in a locked filing cabinet in the office of the Director and/or appointed delegate.

When in possession, or control, of a record containing personal information, My Life Accommodation and Care Solutions will ensure that the record shall be protected against loss, unauthorised access, modification or disclosure, by such steps as is reasonable in the circumstances. If a record must be provided to a person in connection with the provision of a service to My Life Accommodation and Care Solutions, everything reasonable will be done to prevent unauthorised use or disclosure of that record.

My Life Accommodation and Care Solutions will not disclose any personal information to a third party without an individual’s consent, unless that disclosure is required or authorised by, or under, law.

5.6 Feedback, Compliments and Complaints

6.0 Related Documents, Legislation, Regulations and Standards

• Service Agreement
• Intake Assessment Form
• Support Plan
• Consent Form
• Non-Consent Form
• Feedback, Compliments and Complaints Form
• Participant Welcome Pack
• Participant Handbook
• 2 Individual Values and Beliefs Policy and Procedure
• 4 Independance and Informed Choice Policy and Procedure
• 5 Information Management Policy and Procedure
• Your Privacy Easy-Read Policy and Procedure
• National Disability Insurance Scheme Act 2013
• Federal Privacy Act (1988)
• Australian Privacy Principles

7.0 Policy Review

This Privacy and Dignity Policy and Procedure will be reviewed on an annual basis to ensure that My Life Accommodation and Care Solutions operates in accordance with legal, regulatory and company standards.  This process will include a review and evaluation of current practices and service delivery types and locations, relevant policies and procedures, forms and registers and will incorporate all My Life Accommodation and Care Solutions employee, participant, and other stakeholder feedback.

My Life Accommodation and Care Solutions Quality and Continuous Improvement Register will be used to record and monitor progress of any improvements identified and where relevant feed into service planning and delivery processes.

My Life Accommodation and Care Solutions may make changes to this Privacy and Dignity Policy and Procedure at any time to allow for continual improvement, evaluation and implementation of best practices to improve the effectiveness of its operation.