- Purpose and scope
This Policy sets out the types of personal information collected, used and disclosed by Holy Spirit Care Services.
Holy Spirit Care Services takes your privacy seriously and is committed to open and transparent management of personal information in accordance with the Privacy Act 1988 (Cth) and the Aged Care Act 1997 (Cth).
- What is personal and sensitive information?
Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
- What kinds of personal information do Holy Spirit Care Services collect and why?
The types of personal information that Holy Spirit Care Services collects from you will depend on your relationship with us.
When does Holy Spirit Care Services collect personal information?
We only collect personal information that is reasonably necessary for our functions and activities or otherwise in compliance with the requirements of the Privacy Act.
We will usually collect sensitive information with your consent (or consent from someone acting on your behalf if you are unable to give consent).
In some circumstances we may collect sensitive information without your consent. We will comply with the requirements of APP3 in doing so. Some of the circumstances in which we may collect sensitive information without your consent include where:
- collection is required or authorised by or under an Australian law or court/tribunal order;
- we reasonably believe the collection is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
- collection is necessary to provide a health service to you, and either:
- the collection is required or authorised by or under an Australian law; or
- the collection occurs in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality that bind Holy Spirit Care Services.
We try to ensure that the personal information we hold is accurate and up-to-date. For this reason, we ask that you let us know if the information you provided to us has changed.
- Who does Holy Spirit Care Services collect personal information from?
Who Holy Spirit Care Services collects personal information from will depend on the circumstances of the collection. We try to collect personal information that is about you directly from you.
- Can I chose to remain anonymous in dealing with Holy Spirit Care Services and can I use a pseudonym?
If you are receiving aged care or health services from us, it is not practical for you to remain anonymous because we need to keep a record of the care and services provided to you.
If you are a healthcare provider providing healthcare services at one of our facilities, it is not possible for you to remain anonymous or use a pseudonym. Holy Spirit Care Services is required to ensure that you are properly qualified to provide services and so is required to know your identity.
When using our website, you can remain anonymous. However, this may prevent us from being able to provide you with certain services through our website. For example, we will not be able to provide you with services that involve delivery to your contact address if you chose not to tell us your address.
- How does Holy Spirit Care Services hold personal information?
We hold personal information on databases, electronic and hard copy files.
- Do we use your personal information for direct marketing?
We will only use sensitive information for direct marketing if you consent to us using this information in this way.
If you have consented to us providing direct marketing to you and you wish to stop receiving such marketing, please contact us on firstname.lastname@example.org or call us on 07 3263 0300.
- Who does Holy Spirit Care Services disclose personal information to and why?
We will usually disclose information for the same purpose for which it was collected. For our residents, this will include disclosures that are necessary to provide healthcare services. For example:
- disclosure of your health information to your private healthcare provider who you have engaged to provide health services at one of our facilities;
- disclosure of your personal information to staff involved in the provision of your care (including nurses) or administrative staff (involved in reception duties), including staff who are not our employees;
- disclosure of your personal information to Medicare, DVA or your private health insurer for the purposes of billing;
- to government authorities for the purpose of providing aged care or health services ;
- to funding bodies and government agencies;
In some cases we will disclose information for a different purpose to that for which it was collected. We may do this when:
- you consent to the disclosure (or someone acting on your behalf consents if you are unable to give consent);
- disclosure is for the facilitation of health services provided to you (ie a purpose directly related to the primary purpose of collection). For example we may disclose personal information to pathology providers and imaging providers for the purposes of those third parties conducting tests as ordered by your healthcare providers;
- disclosure is for the management of our service (ie a purpose directly related to the primary purpose of collection). For example:
- billing/debt-recovery, service-monitoring, funding, complaint-handling, incident reporting, developing and planning services, evaluation, quality assurance or audit activities, and accreditation activities;
- education and training of our staff (who may not be our employees), where de-identified information is not sufficient for this purpose;
- disclosure to a medical expert for medico-legal opinion, an insurer, an employed practitioner's medical defence organisation, or lawyer, for the purpose of addressing liability/indemnity matters, for example following an adverse incident, or for anticipated or existing legal proceedings;
- disclosure to our contractors who provide services to Holy Spirit Care Services, for example IT service providers;
- we are providing a health service to you, we may disclose to a 'person responsible' for you if:
- you are physically or legally incapable of giving consent to the disclosure, or physically cannot communicate consent to the disclosure;
- we are satisfied that either the disclosure is necessary to provide appropriate care or treatment to you, or the disclosure is made for compassionate reasons;
- the disclosure is not contrary to any wish you expressed before you became unable to give or communicate consent, and of which we are aware or could be reasonably expected to be aware; and
- disclosure is limited to the extent reasonable and necessary for providing appropriate care or fulfilling the compassionate reasons.
- we are otherwise permitted to make the disclosure in accordance with APP6.
If there is a person that you do not wish us to disclose your personal information to, please let us know. We will comply to the extent permitted by law.
- How can I access my personal information held by Holy Spirit Care Services?
You have the right to access the personal information that Holy Spirit Care Services holds about you. There are some limited exceptions to this.
If you request to access your personal information, we will ask you to verify your identity and specify what information you wish to access. This will help us to identify the relevant information.
To make a request to access your personal information please contact the Privacy Officer on 3263 0300 or email email@example.com.
- How can I seek correction of personal information held by Holy Spirit Care Services?
You have the right to request that Holy Spirit Care Services corrects information it holds if you consider that the information we hold is not accurate, not up-to-date, not complete, not relevant or is misleading.
To make a request to correct your personal information please contact the Privacy Officer on 3263 0300 or email firstname.lastname@example.org
- How can I complain about handling of my personal information?
If you believe that we have dealt with your personal information inappropriately, please contact the Privacy Officer on 3263 0300 or email email@example.com.
We have internal processes for investigating and resolving privacy complaints, including escalation to senior management. We will work to resolve privacy concerns with you.
If you are not satisfied with the resolution of your complaint by us, you may contact the Office of the Privacy Commissioner or the Aged Care Complaints Scheme who may investigate your complaint.
- Is Holy Spirit Care Services likely to disclose personal information to entities outside of Australia?
It is not our usual practice to disclose personal information outside of Australia.
- How can I get more information about privacy?
For enquiries or feedback about this policy, or for complaints about our handling of your personal information, please contact the Privacy Officer on 3263 0300 or email firstname.lastname@example.org.
General information about privacy is available from the Office of the Australian Information Commissioner: http://www.oaic.gov.au/
The Aged Care Complaints Scheme can be contacted by phone on 1800 550 552 or online at https://www.agedcarecomplaints.gov.au/raising-a-complaint/lodge-a-complaint/