Privacy Policy
INTRODUCTION
The Board of Tewantin-Noosa Meals on Wheels Incorporated is committed to protecting the privacy of personal information which the organisation collects, holds and administers. Personal information is information which directly or indirectly identifies a person.
We are bound by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, and Australian Privacy Principles (APPs), which require organisations that hold personal information about people to handle that information responsibly. The Australian Privacy Principles are effective from 12th March 2014.
PURPOSE
The purpose of this document is to provide a framework for Tewantin-Noosa Meals on Wheels Incorporated in dealing with privacy considerations.
POLICY
Tewantin-Noosa Meals on Wheels Incorporated collects and administers a range of personal information from Clients, prospective clients, prospective employees, and other individuals with whom we have contact. The organisation is committed to protecting the privacy of personal information it collects, holds and administers.
Tewantin-Noosa Meals on Wheels Incorporated recognises the essential right of individuals to have their information administered in ways which they would reasonably expect – protected on one hand, and made accessible to them on the other. These privacy values are reflected in and supported by our core values and philosophies.
Tewantin-Noosa Meals on Wheels Incorporated is bound by laws which impose specific obligations when it comes to handling information. The organisation has adopted the following principles as minimum standards in relation to handling personal information.
Tewantin-Noosa Meals on Wheels Incorporated will:
Collect only information which the organisation requires for its primary function;
Ensure that stakeholders are informed as to why we collect the information and how we administer the information gathered;
Use and disclose personal information only for our primary functions or a directly related purpose, or for another purpose with the person’s consent;
Store personal information securely, protecting it from unauthorised access; and
Provide stakeholders with access to their own information, and the right to seek its correction.
Policies can be established or altered only by the Committee.
RESPONSIBILITIES
Tewantin-Noosa Meals on Wheels Incorporated’s Committee is responsible for developing, adopting and reviewing this policy.
Tewantin-Noosa Meals on Wheels Incorporated’s Chief Executive Officer is responsible for the implementation of this policy, for monitoring changes in privacy legislation, and for advising on the need to review or revise this policy as and when the need arises.
PROCESSES
Australian Privacy Principles
Refer to the Australian Privacy Principles Fact Sheet.
APP1 – Consideration of Personal Information Privacy
AAP2 – Anonymity and Pseudonymity
APP3 – Collection of Solicited Personal Information
APP4 – Dealing with Unsolicited Personal Information
APP5 – Notification of the Collection of Personal Information
APP6 – Use or Disclosure of Personal Information
APP7 – Direct Marketing
APP8 – Cross-border Disclosure of Personal Information
APP9 – Adoption, Use or Disclosure of Government Related Identifiers
APP10 – Quality of Personal Information
APP11 – Security of Personal Information
APP12 – Access to Personal Information
APP13 – Correction of Personal Information
Tewantin-Noosa Meals on Wheels Inc - Privacy Statement
1. APPLICATION OF PRIVACY PRINCIPLES
1.1 We are bound by the Australian Privacy Principles, which require the organisation that holds personal information about people handle that information responsibly. The Australian Privacy Principles is effective from 12th March 2014.
1.2 “Personal information” means information, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from that information, regardless of its source.
2. EXEMPTIONS
2.1 Despite paragraph 1.1, we will be relying on the exemptions provided in the Privacy Act 1988 (as amended) concerning acts done, or practices engaged in, by us.
Individuals in Non-Business Capacity
a. That are done, or engaged in, other than in the course of the business carried on by us.
Employee /Volunteer Records
b. That are directly related to:
i. a current or former employment relationship between us and the individual; and
ii. an Employee/Volunteer Record held by us and relating to the individual.
“Employee Volunteers Records”, means a record of personal information relating to the employment of the employee, including health information about the employee and personal information about:
i. the engagement, training, disciplining, or resignation of the employee;
ii. the termination of the employment of the employee;
iii. the terms and conditions of the employment of the employee;
iv. the employee’s personal and emergency contact details;
v. the employee’s performance and conduct;
vi. the employee’s hours of employment;
vii. the employee’s salary or wages;
viii. the employee’s membership of a professional or trade association;
ix. the employee’s trade union membership;
x. the employee’s recreation, long service, sick, personal, maternity, paternity or other leave; or
xi. the employee’s taxation, bank or superannuation affairs.
3. INFORMATION HELD
3.1 We may hold the following personal information.
Clients/Prospective Clients
a. Information provided about an individual to the Aged Care Assessment Team;
b. Information provided about an individual to Department of Social Services (DOSS);
c. Information about an individual’s financial status;
d. Assessments done by DOSS and any classification records;
e. Contact details for relatives of the individual;
f. An individual’s family contact details;
Prospective Employees /Volunteers
a. Resumés;
b. Information gathered during assessment of prospective employees applications for employment; and
c. Health information directly related to an individual’s ability to perform the inherent requirements of the position collected with that individual’s consent.
Other Individuals with whom we have Contact
a. Personal contact details; and
b. Any other information collected from individuals.
Where we are required by the Privacy Act 1988 (as amended) to obtain consent for the collection, use or disclosure of an individual’s personal information, we will do so.
4. PURPOSE OF INFORMATION HELD
4.1.1 We may hold personal information for the following purposes.
Clients/Prospective Clients
a. To comply with the provisions of the Aged Care Act 1997;
b To determine an individual’s eligibility to entitlements provided by the Aged Care Act;
c. To enable us to contact any nominated person to lawfully inform of an individual’s health status;
d. To enable the service to provide relevant financial and asset information to the Commonwealth Government to determine our funding entitlements or
f. To lawfully liaise with an individual’s nominated representative and to contact family if requested or needed.
Prospective Employees/Volunteers
a. To enable us to properly assess the quality of applications for employment.
Other Individuals with whom we have Contact
a. To enable us to contact an individual.
5. COLLECTION
5.1 We may collect “personal information” in any of the following ways.
Clients/Prospective Clients
a. From the Commonwealth Government Department of Aged Care Assessment Team;
b. From an individual
i. Upon an individual’s initial inquiry by their completion of our enquiry form;
ii. During interviews with an individual; and
c. From an individual’s medical practitioner; or
d. From other health providers or facilities.
Prospective Employees/Volunteers
a. Information provided from an individual;
b. Information provided by referees proposed by an individual; or
c. Information provided on request from previous employers.
Other Individuals with whom we have Contact
a. Information provided from an individual.
6. STORAGE
6.1 We may store personal information about an individual in any of the following ways.
a. Electronically on our computer databases; or
b. Hard copy documents kept securely within the premises.
7. USE AND DISCLOSURE
It is noted that external service providers contracted by the organisation are bound contractually to comply with the requirements of the Privacy Act.
7.1 We may use or disclose personal information about an individual in any of the following ways.
Clients/Prospective Clients
a. To comply with the provisions of the Aged Care Act 1997;
b To determine an individual’s eligibility to entitlements provided by the Aged Care Act;
c. To enable us to contact any nominated person to lawfully inform them of a resident’s health status;
e. To enable the service to provide relevant financial and asset information to the Commonwealth Government to determine our funding entitlements
f. To lawfully liaise with an individual’s nominated representative and to contact family if requested or needed.
Prospective Employees
a. To enable us to properly assess the quality of applications for employment.
Other Individuals with whom we have Contact
a. To enable us to contact individuals.
8. ACCESS
8.1 An individual may access personal information held about them by us on request except where we can lawfully deny or limit access as prescribed by the Privacy Act 1988 (as amended).
8.2 Access may be obtained by:
a. Contacting our Privacy Officer nominated at the home on telephone number 07 5449 7659; or
b. Completing a request form available at the service upon request.
8.3 An individual does not need to provide a reason for requesting access.
8.4 We will provide a reasonable range of choices of how access will be available depending on an individual’s particular needs.
8.5 We may choose to charge for the service of providing access. What is charged will be reasonable and consistent with fees imposed by the Commonwealth for access to documentation under the Freedom of Information Act 1982.
8.6 We will not charge a fee for lodging a request for access.
8.7 If an individual believes the personal information held about that individual is inaccurate, incomplete or out of date, the individual may request amendment. If we do not agree, we will note the individual’s disagreement.
9. Data Quality
Tewantin-Noosa Meals on Wheels Incorporated will:
Take reasonable steps to ensure the information the organisation collects is accurate, complete, up to date, and relevant to the functions we perform.
10. Data Security and Retention
Tewantin-Noosa Meals on Wheels Incorporated will:
Safeguard the information we collect and store against misuse, loss, unauthorised access and modification.
Only destroy records in accordance with the organisation’s Records Management Policy.
11. Openness
Tewantin-Noosa Meals on Wheels Incorporated will:
Ensure stakeholders are aware of Tewantin-Noosa Meals on Wheels Incorporated’s Privacy Policy and its purposes.
Make this information freely available in relevant publications and on the organisation’s website.
12. Access and Correction
Tewantin-Noosa Meals on Wheels Incorporated will:
Ensure individuals have a right to seek access to information held about them and to correct it if it is inaccurate, incomplete, misleading or not up to date.
13. Anonymity
Tewantin-Noosa Meals on Wheels Incorporated will:
Give stakeholders the option of not identifying themselves when completing evaluation forms or opinion surveys.
14. Making Information Available to Other Organisations
Tewantin-Noosa Meals on Wheels Incorporated can:
Only release personal information about a person with that person’s express permission. For personal information to be released, the person concerned must sign a Consent Form.
Release information to third parties where it is requested by the person concerned.
15. Grievance Procedure
If an individual wishes to make a complaint about our management of their personal information, we ask that they do so in accordance with our Grievance Policy, which is available from the Tewantin-Noosa Meals on Wheels Incorporated Policy and Procedure Manuals.
16. How to Contact Us
If an individual has any questions, complaints or requires further information, they may contact us at Tewantin-Noosa Meals on Wheels Incorporated, Wallace Park, Noosaville Qld 4566.
RELATED DOCUMENTS
Records Management Policy
Confidentiality Policy
References Policy
Tewantin-Noosa Meals on Wheels Inc
Privacy Grievance Procedure
1. An individual may make a complaint alleging a breach of an individual’s privacy or a refusal by us to provide access to personal information.
2. The complaint may be made to us or to the Privacy Commissioner.
3. Complaints to the Privacy Commissioner will, in most circumstances, be referred to us to enable us to attempt to first resolve the complaint.
4. When we receive a complaint, we will acknowledge receipt to the individual, (and if the complaint has been referred by the Commission, to the Privacy Commissioners) within seven days of receipt.
5. We will also ensure that we have sufficient detail to understand and investigate the complaint and, if necessary, we will ask the individual to provide further explanation or material.
6. Within 14 days of receiving material sufficient to understand and investigate the complaint, we will inform the individual that we are investigating the complaint and will contact the individual again within 14 days.
7. During that time we will prepare an Investigation Report (the “Report”) which, due to the nature of the material, will be kept confidential and accessed only in accordance with our Privacy Policy and the Privacy Act 1988 (as amended).
8. Once the Report is prepared, the individual will be invited to discuss the complaint with us with a view to resolution of the complaint.
9. The individual will have access to the contents of the Report in accordance with our Privacy Policy and the Privacy Act 1988 (as amended).
10. If we are able to resolve the matter, the terms of the resolution should be recorded in writing, signed as agreed by us and the individual and, if required, provided to the Privacy Commissioner.
11. If either we, or the individual, decline to participate in a meeting. Or resolution as a whole or in part is not achieved at the meeting, then either we or the individual may propose a mediation of the dispute conducted by a mediator agreed between the parties.
12. If either we, or the individual, decline to participate in a mediation, or resolution as a whole or in part is not achieved at the mediation, then the matter can then be referred to the Privacy Commissioner for assistance.
13. To assist the Privacy Commissioner we will provide:
a. The report, provided we are satisfied that to do so will not breach our obligations under the Privacy Act 1988 (as amended);
b. Details of matters which remain in dispute; and
c. A further report detailing the steps taken to resolve the complaint prior to the Privacy Commissioner’s involvement.
14. If you have any questions, feedback or concerns about this policy or how your information is handled by Tewantin-Noosa Meals on Wheels Incorporated, you can contact our office on phone 07 5449 7659 (7:30am-2:30pm Monday to Friday.
You can also contact us by fax, mail or email.
Fax: 07 5449 7603
Mail: Wallace Park, Noosaville 4566
Email: tnmow@bigpond.com
Wallace Drive
Noosaville
Queensland
4566
Phone:07 54497659
email: tnmow@bigpond.com