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Privacy Statement
1. Application of Privacy Principles
1.1 We are bound by the National Privacy Principles, which requires that organisations who hold Personal Information about people handle that information responsibly. The National Privacy Principles are effective from 21 December 2001.
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 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 Records
(b) that are directly related to:
- a current or former employment relationship between us and the Individual; and
- an Employee Record held by us and relating to the Individual;
'Employee Record', means a record of Personal Information relating to the employment of the employee, including, health information about the employee and Personal Information about:
- the engagement, training, disciplining or resignation of the employee;
- the termination of the employment of the employee;
- the terms and conditions of the employment of the employee;
- the employee's personal and emergency contact details;
- the employee's performance and conduct;
- the employee's hours of employment;
- the employee's salary or wages;
- the employee's membership of a professional or trade association;
- the employee's trade union membership;
- the employee's recreation, long service, sick, personal, maternity, paternity or other leave;
- the employee's taxation, bank or superannuation affairs; or
- the act is done, or practice engaged in, for the purposes of meeting an obligation under the contract.
3. Information held
3.1 We may hold the following Personal Information
Residents/Prospective Residents:
- Information provided about the Individual to the Aged Care Assessment Team;
- Information provided about the Individual to Department of Health and Ageing ('DHA')
- Information about the Individual's financial status
- Assessments done by DHA and any classification records; details of psycho-social history
- Information concerning Social Security status
- Information concerning details of the appointment of attorneys or other alternative decision makers
- Contact details for relatives of the Individual of Abbey Gardens.
- Documentation required to complete Residential Care Service documentation pursuant to the Aged Care Act 1997
- Progress Notes
- Medical reports from Individual's medical practitioners and health care providers
- A medical history
- Details of the Individual's health insurance provider
- Individual's family contact details
- Information concerning the Individual's religion and end of life arrangements
- A Care Plan recording the Individual's ongoing care needs and strategies (including an interim care plan)
- Records relating to the approved provider meeting prudential requirements for accommodation bonds;
- Records relating to the payment of accommodation bonds (including periodic payments) or accommodation charges;
- Records relating to the Individual's entry, discharge and leave arrangements, including death certificates where appropriate. Information provided to the Aged Care Assessment Team;
This information is collected to provide or in providing a health service and is therefore also 'Sensitive Information' as prescribed by the Privacy Act 1988 (as amended).
Section 88 of the Aged Care Act 1997 requires us to collect Personal Information prescribed by that Act and the Aged Care Principles.
Prospective Employees:
- Resumes
- Information gathered during assessment of prospective employees applications for employment
- Health information directly related to the Individual's ability to perform the inherent requirements of the position collected with the Individual's consent.
Volunteers:
- Personal contact details
- Information gathered relating to educational background, experience and availability
- Emergency contacts
Other Individuals with whom we have contact:
Personal contact details
Where we are required by the Privacy Act 1988(as amended) to obtain consent for the collection use or disclosure of the Individual's personal information we will do so.
4. Purpose of information held
4.1 We may hold Personal Information for the following purposes:
Residents/ Prospective residents
- To provide appropriate ongoing care
- To comply with the provisions of the Aged Care Act 1997
- To determine the Individual's eligibility to entitlements provided by the Aged Care Act
- To enable us to contact any nominated person to lawfully inform of an Individual's health status
- To enable the facility to provide relevant financial and asset information to the Commonwealth Government to determine our funding entitlements and to set the Individual's daily bed fee.
- To lawfully liaise with the Individual's nominated representative and to contact family if requested or needed.
Prospective employees
- To enable us to properly assess the quality of applications for employment applied for.
- Volunteers
- To enable us to contact the individual
- Assess their suitability to do volunteer work
Other Individuals with whom we have contact
To enable us to contact the Individual
5. Collection
5.1 We may collect 'Personal Information' in any of the following ways:
Residents/ Prospective residents
- From the Commonwealth Government Department of Aged Care Assessment Team
- From the Individual
- Upon the Individual's initial inquiry by the Individual's completion of our enquiry form
- During interviews with the Individual
- Upon completion of the Individual's Residential Care Agreement
- From the Individual's medical practitioner.
- From other health providers or facilities
Prospective employees
- Information provided from the Individual
- Information provided by referees proposed by the Individual
- Information provided on request from previous employers
Other Individuals with whom we have contact - Volunteers
- Information provided from the individual
- Information provided by referees provided by the individual
6. Storage
6.1 We may store Personal Information about the Individual in any of the following ways:
- Electronically on our computer databases
- Hard copy documents kept securely within the premises
7. Use and disclosure
7.1 We may use or disclose Personal Information about the Individual in any of the following ways:
Residents/ Prospective residents
- To provide appropriate ongoing care
- To comply with the provisions of the Aged Care Act 1997
- To determine the Individual's eligibility to entitlements provided by the Aged Care Act
- To enable us to contact any nominated person to lawfully inform of a residents health status
- To enable the facility to provide relevant financial and asset information to the Commonwealth Government to determine our funding entitlements and to set the Individual's daily bed fee.
- To lawfully liaise with the Individual's nominated representative and to contact family if requested or needed.
Prospective employees
To enable us to properly assess the quality of applications for employment applied for.
Volunteers
To enable us to assess their suitability to do volunteer work
Other Individuals with whom we have contact
To enable us to contact the Individual
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.
8.2 Access may be obtained by contacting our Manager who will assess the request in accordance with the 'Access to Personal Information' procedure (appendix 1)
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 the Individual believes the Personal Information held about the Individual is inaccurate incomplete or not up to date, the Individual may request amendment. If we do not agree we will note the Individual's disagreement.
9. Grievance Procedure
9.1 If the Individual wishes to make a complaint about our management of the Individual's personal information we ask that the Individual do so in accordance with our Grievance Procedure (see appendix 2)
10. How to contact us
10.1 If the Individual has any questions, complaints or require further information, please contact the Manager.
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