Privacy Policy | Winda-Mara Aboriginal Corporation

WINDA-MARA ABORIGINAL CORPORATION

Scope

This policy applies to all;

Employees, volunteers, community using Winda-Mara Aboriginal Corporation (WMAC) services, contractors, Board members, students and partners of WMAC with regard to the Commonwealth Privacy Act of 1988, Health records Act of 2001 (Vic) and the Health Privacy Principles and the Information Privacy Act 2000 (Vic) and Information Privacy Principles.

The context of this policy is the rights of clients and their health and personal information as collected and held by Winda-Mara Aboriginal Corporation in the course of its service delivery to clients and responsibilities under its service agreements with government and other partner agencies.

We ask any person to raise any particular privacy concerns with WMAC at any time.

Policy

WMAC is committed to protecting the privacy of clients. We acknowledge our requirement under the law to protect personal and confidential information such as information relating to health and other personal and identifiable details of clients.

Winda-Mara Aboriginal Corporation respects the right of;

Individuals accessing services at WMAC
Clients and others to whom privacy of information is an expectation.

Winda-Mara Aboriginal Corporation acknowledges to;

Understand and implement its accountability to keep personal information private where applicable
To apply the principle of continuous improvement in its practice of privacy. Align its practice of client privacy with the Australian Privacy Principles.

We ask people participating through the following interactions to also acknowledge their responsibility to implement privacy;

Community members and Winda-Mara Aboriginal Corporation
Other Service Providers including Contractors, Counsellors and Consultants and Winda-Mara clients and community
Employees and Volunteers in their interactions with WMAC business, clients, community, service providers and funding bodies,
Visitors and people attending WMAC events.
Peak Bodies and Winda-Mara
Business Associates when conducting business or service with WMAC.

Australian Privacy Principle (APP): APP1

We strive to provide open and transparent management of information by having a clearly expressed and up to date privacy policy.

APP2: Providing where possible anonymity and pseudonymity

We endeavour to cooperate you’re your request for anonymity where it is lawful and does not jeopardise your treatment or care. We will keep you attendance private or use an alias at your request where possible. This will not prevent us from disclosing information where we are required to do so. There may be additional circumstances applied to your request and or times where we cannot comply due to our legal obligations.

APP3: Collection of solicited personal information

We collect personal information for the purpose of providing our services to you and where it is necessary for us to be able perform our function or conduct activities.

Contact details (name, address, email, etc.)
Personal details (date of birth, gender, income, emergency contacts, etc.)
Information on personal issues and experiences, areas of interest or relationships
Family background or supports that participants may have in the community
Health information and/or medical history
Criminal history or Credit card or bank account details, donation history
Employment, Superannuation and Taxation information
Australian Business Number (ABN)
Server address and online visit information

We collect information in a fair, lawful and non-intrusive way.
We will only collect health and personal information that is necessary for us to perform our functions in the assessment and treatment of your health condition
We are required to disclose information to the Department of Health and Human services (State and Commonwealth) under various service agreements that we are bound to in the provision of funding arrangements with these departments, who are also subject to privacy laws the same as, or similar, to us.
Where you are seeking other services of Winda-Mara – i.e. Housing assistance we will collect information as detailed in our program policy so that you may enter into arrangements with us for services sought and delivered.
Wherever possible we will collect information directly from you rather than from 3rd parties.
We will do our best to tell you if we collect information about you from a 3rd party.
Aside from where the law specifically allows us to use or disclose information, we will not use or disclose such information for purposes that are unrelated to the purposes for which the information was collected without your consent. Please also note APP6 conditions under use and disclosure listed below

APP4: Dealing with unsolicited personal information

Where WMAC receives unsolicited personal information we will endeavour to contact the person involved to inform them

APP5: Notification of the collection of personal information

Where Winda-Mara is obligated or required to collect personal information about a client we will notify the client at the time or as soon as possible after the event notify the client of the collection of information to ensure the individual is aware of the collection.

APP6: Use or disclosure of personal information

Our staff are not permitted to use or disclose information of a personal or health nature, except to the extent that is required, authorised or permitted under the law.
Our staff are inducted and receive instruction in understanding their obligations under the laws relating to privacy and must adhere to our Confidentiality and Privacy policies. Our staff, as part of the employment contract signed upon commencement with us, agree to comply with the policies of the service and are aware that information gained through the course of their employment must be treated in confidence. This confidence extends beyond termination of employment.
In general we collect and use health and personal information for the primary purpose for which it is collected or a directly related secondary purpose. The primary purpose being provision of care and treatment. Your care and treatment may involve the sharing of information among your care team for the purpose of delivering a holistic care approach.
Disclosure for Quality Improvement. We may disclose your health and personal information for internal quality improvement purposes. This information may be disclosed to external auditors/agencies as required by us in the conduct of achieving accreditation or standards requirements. This may also include the conduct of surveys for improvement outcomes. These agencies may not remove information or make a record of personally identifiable information and are subject to the same stringent privacy laws as we are.
We are required under certain laws to disclose information. i.e. firearms law, road safety Act, Marine Act, Public Health and wellbeing Act, Cancer Act, Birth, deaths and Marriages Act, Child Wellbeing and Safety Act, Mental Health Act, Cemeteries and Crematoria Act, Coroners Act, Children, Youth and Families Act, and the Health Services Act. We may be required to provide certain information to the police under a search warrant or to a court on receipt of a subpoena.

APP7: Direct Marketing

We will only use your information for direct marketing with us where you have consented i.e. you have indicated you wish to be notified about Personal training classes, weight loss programs, parenting programs, housing information other health programs as indicated by you or as we have indicated within the policy or direction of a program you have participated in.

APP8: Cross-border Disclosure of personal information

Cross border disclosure may occur where we are required to obtain test results or other expert opinion outside of Victoria in the course of determining the best treatment options of your health condition.

APP9: Adoption, use or disclosure of government related identifiers.

At times Winda-Mara may be required to adopt a government related identifier of an individual as its own identifier – or use or disclose a government related identifier of an individual. An example might be when making a claim under Medicare and using Medicare number. Or when using a client/case number in community service etc.

APP10: Quality of personal information

Winda-Mara is required to take reasonable steps to ensure the information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant having regard to the purpose of use or disclosure.

APP11: Security of personal information

Winda-Mara will take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. In certain circumstances we have an obligation to destroy or deidentify personal information.

APP12: Access to personal information

WMAC acknowledges its responsibility to provide individual requests for access to personal information held by WMAC. Specific exceptions may apply in some circumstances. WMAC reserves the right to charge a fee for service of document retrieval, photocopying, etc. where deemed appropriate.

APP13: Correction of personal information

WMAC as part of its obligations with Federal, State and Local government and other key stakeholders may be required to update and/or correct personal information it holds about individuals.

If you have any concerns about your privacy we have a complaints process to address any issues that you feel need further attention. Any complaint regarding a breach of privacy will be taken seriously and investigated thoroughly.

Definitions

‘Use’ and ‘disclosure’ are separate practices.

‘Use’ - the handling or management of information within Winda-Mara Aboriginal Corporation.
‘Disclosure’ - when information is released from our control to another individual or entity.

Personal information (as defined by the Privacy Act 1988)

Is 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.

Sensitive information (As defined by the Privacy Act 1988)

Is information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health, genetic or biometric templates, that is also personal information.

Further information can be learned at www.oaic.gov.au