Privacy, Dignity and Confidentiality Policy
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POLICY OVERVIEW
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To ensure Wellspace Australia recognises and meets legal and ethical obligations to respect the rights of stakeholder’s privacy, dignity and confidentiality. Wellspace is committed to ensuring that Clients have the same level of privacy, dignity and confidentiality as is expected by the rest of the community. This policy has been created with reference to the following standards and legislative obligations:
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Anti-Discrimination Act 1977 (NSW)
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Australian Human Rights Commission Act 1986 (Commonwealth)
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Carers (Recognition) Act 2010 (NSW)
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Children and Young Persons Act 1998
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Community Services (Complaints, Reviews and Monitoring) Act 1993
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Crimes Act 1900 (NSW)
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Disability Discrimination Act 1992 (Commonwealth)
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Disability Inclusion Act 2014
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Freedom of Information Act 1999 (NSW)
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Guardianship Act 1987 (NSW)
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Health Records and Information Privacy Act 2002 (2002)
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Human Rights and Equal Opportunity Commission Act (Commonwealth)
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Independent Commission Against Corruption Act 1988 (NSW) Section 8
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Privacy Act 1988 (Commonwealth)
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Privacy and Personal Information Protection Act 1998 (NSW)
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Public Health Act 2010 (NSW)
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National Disability Insurance Scheme Act 2013
2. VALUES AND BELIEFS
Wellspace believes that each client’s right to privacy, dignity and confidentiality in all aspects of their life will be recognised and respected. Employees are provided with awareness training to treat customers and clients with privacy, dignity and confidentiality at all times during service delivery as they that consists of Person Centered Approach and Boundaries. This allows the employees of Wellspace to provide services to the clients reflecting their right to a dignified life and respecting
their rights to Privacy and Confidentiality. Employees will support the client to be an active part of the service delivery, upholding their rights to make choices about things that may affect their lives and assisting them to explore options and find solutions to support the client to achieve independent living.
3. INFORMATION DISCLOSURE
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Privacy and Confidentiality is discussed with clients during the induction process. Only relevant information that is in compliance with relevant legislation is collected, stored and disclosed by Wellspace about any one client. No information about a Wellspace Employee, Customer or Client is released or discussed with people outside Wellspace without appropriate consent.
Wellspace will only disclose information about any Stakeholder under the following conditions:
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There is an overriding public interest and consent has been provided directly by the person the information is about
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The organisation or an individual has been subpoenaed to provide information
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When any law or legislation requires information to be released as Wellspace is a registered VOOHC agency and have a duty of care for its Clients that are children and young persons
4. CLIENT’S RIGHTS TO A DIGNIFIED LIFE
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Employees are to encourage clients to make daily decisions about their life during service delivery. Clients having choice and control over their day-to-day life, including involvement in decisions that may affect them; employees are to let the client dictate how they want the service to be run, within reason. Staff are trained and appreciate feedback in continuing to provide respectful and effective support. Wellspace aims to deliver:
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Respectful interactions with clients using manners and appropriate language or cultural sensitivities.
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Accessible interactions between staff and Clients by utilizing home visits, phone or email contact.
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Acceptable environmental standards; employees are to identify areas for improvement in regard to health and safety as well as hygiene and mental health
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Adhering to the Statutory VOOHC procedures for clients that are children and young persons
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5. CONFIDENTIALITY PROCEDURE
All Employees are to:
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Respect the confidentiality and privacy of colleagues and clients
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Keep official information confidential and not use it to gain a financial or personal advantage
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Comply with relevant legislation and Wellspace Policies in regards to Privacy, Dignity and Confidentiality
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Ensure that all personal details of clients and staff, remain confidential and are not disclosed without authority
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Not make or retain copies off site of confidential Wellspace materials, e.g. client and staff personal details, reports, profiles unless for official archiving purposes
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If reports are provided over email, staff are to delete the provided document once sent
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Protect the security of their computers and by keeping passwords private and utilising secure file sharing and storage such as Dropbox.
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Comply with the State Records Act by keeping full and accurate records and ensuring they are kept in safe custody.
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All Client Information remains the property of Wellspace
6. USEFUL LINKS
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Clients who wish to offer feedback or make a complaint about their privacy are encouraged to fill in a Client Feedback Form (a hard or digital copy is available to all clients) to ensure Wellspace can rectify any errors and to continue to provide quality support for all of its Clients.
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Clients who require more information may wish to visit:
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“Your Privacy – protecting privacy in NSW” – Brochure available from Privacy NSW website (most languages available) www.lawlink.nsw.gov.au/privacynsw
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Privacy NSW Fact Sheet No.1 “The Information Protection Principles” – available at Privacy NSW website, www.community.gov.au
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Privacy NSW Fact Sheet No. 4 “The Health Privacy Principles” – available at Privacy NSW website, www.community.gov.au