Inclusion Rehab and Disability will comply with:
- the Privacy Act 1988 and the Privacy Amendment Act 2012 to protect the privacy of
individuals’ personal information
- add any additional legislation for your state / territory – additional legislative requirements
This includes having in place systems governing the appropriate collection, use, storage and
disclosure of personal information, access to and correction and disposal of that information. If
you have students consider what hey have access to and include in this policy.
Compliance with legislative requirements governing privacy of personal information.
All Inclusion Rehab and Disability participants are satisfied that their personal information is kept
private and only used for the intended purpose
The Privacy Act 1988 (Privacy Act) is an Australian law which regulates the handling of personal
information about individuals by private sector organisations. Amendments were made to this
legislation in 2012 (the Privacy Amendment Act 2012) which updates the Australian Privacy
Principles (APP) and came into effect in March 2014. The amendment requires an organisation
to explicitly state how they will adhere to the APP and inform their participants on how their
privacy will be protected. The APP cover the collection, use, storage and disclosure of personal
information, and access to and correction of that information. The APP are summarised in
Appendix 1 of this document.
‘Personal information’ means information (or an opinion) we hold (whether written or not) from
which a person’s identity is either clear or can be reasonably determined.
‘Sensitive information’ is a particular type of personal information – such as health, race, sexual
orientation or religious information.
Ensuring all Inclusion Rehab and Disability Staff Understand Privacy and Confidentiality
and ensure they understand their responsibility to protect the privacy of individuals’
Managing Privacy of Participant Information Storage
- Participant information collected is kept in an individual participant record.
- . Each participant record has a unique identification number
- A participant record includes: personal information • clinical notes • investigations •
correspondence from other healthcare providers • photographs • video footage.
- A Firewall is used in the Inclusion Rehab and Disability computer system as a means of
protecting information stored on the computer. Other security related procedures such as
user access passwords, multi-factorial authentication also assist with the protection of
- . Paper records are kept in locked, fireproof cabinets
- Participant information is stored for seven years post the date of last discharge. In the
case of participants aged under 18 years, information is kept until their 25th birthday and
7 years post discharge.
- Participant related information, or any papers identifying a participant are destroyed by
shredding and deleting from the computer and all databases.
- User access to all computers and mobile devices holding participant information is
managed by passwords and automatic inactive logouts.
Managing Privacy and Confidentiality Requirements of Participants
- Consents may include, but not be limited to:
- Consent for sharing and obtaining Information
- Consent for receiving services
- Consent for photography
- Consent to participate in Participant Satisfaction Surveys
- Consent to participate in Quality Management Activities
These consents are discussed with the participant and /or their decision maker in a way
they can understand prior to the commencement of service
- Persons contacting Inclusion Rehab and Disability with an enquiry do not need to
provide personal details. However, once a decision is made to progress to utilising
Inclusion Rehab and Disability’s services, personal and sensitive information will need to
- Inclusion Rehab and Disability may need to share pertinent participant information with
other professional Allied Health Professionals at the time of case conferencing or when
determining support needs and interventions. Information is only shared in order to
provide the best service possible and is only shared with those people whose
Professional Codes of Ethics include privacy and confidentiality. Permission to share
information is sought from the participant prior to the delivery of services and as required
at other points of intervention as / if required.
- Personal information is not disclosed to third parties outside of Inclusion Rehab and
Disability, other than for a purpose made known to the participant and to which they have
consented, or unless required by law.
- Participants are informed there may be circumstances when the law requires Inclusion
Rehab and Disability to share information without their consent
Keeping Accurate Participant Information
Participants are informed of the need to provide us with up to date, accurate and complete
Inclusion Rehab and Disability staff update information on the participant record at the time
of reviews or when they become aware of change in information.
Participant records are updated as soon as practical after the delivery of services to ensure
information is accurate and correct.
Using Participant Information for Other Purposes
Under no circumstances will Inclusion Rehab and Disability use personal details for
purposes other than stated above, unless specific written consent is given by the participant
or their representative.
Participant Access to Their Information
Participants have the right to request access the personal information Inclusion Rehab and
Disability holds about them. To do this, participants must contact the Director in the first
Management of a Privacy Complaint
- If a person has a complaint regarding the way in which their personal information is
being handled by Inclusion Rehab and Disability, in the first instance they are to contact
the Director. The complaint will be dealt with as per the Complaints Management Policy.
If the parties are unable to reach a satisfactory solution through negotiation, the person
may request an independent person (such as the Office of the Australian Privacy
Commissioner) to investigate the complaint. Inclusion Rehab and Disability will provide
every cooperation with this process.
- ‘Guidelines on Privacy in the Private Health Sector ‘, Office of the Australian Information Commissioner
Appendix 1: Summary of the 13 Australian Privacy Principles
APP 1 — Open and transparent management of personal information
Ensures that APP entities manage personal information in an open and transparent way.
APP 2 — Anonymity and pseudonymity
Requires APP entities to give individuals the option of not identifying themselves, or of using
a pseudonym. Limited exceptions apply.
APP 3 — Collection of solicited personal information
Outlines when an APP entity can collect personal information that is solicited. It applies
higher standards to the collection of ‘sensitive’ information.
APP 4 — Dealing with unsolicited personal information
Outlines how APP entities must deal with unsolicited personal information.
APP 5 — Notification of the collection of personal information
Outlines when and in what circumstances an APP entity that collects personal information
must notify an individual of certain matters.
APP 6 — Use or disclosure of personal information
Outlines the circumstances in which an APP entity may use or disclose personal information
that it holds.
APP 7 — Direct marketing
An organisation may only use or disclose personal information for direct marketing purposes
if certain conditions are met.
APP 8 — Cross-border disclosure of personal information
Outlines the steps an APP entity must take to protect personal information before it is
APP 9 — Adoption, use or disclosure of government related identifiers
Outlines the limited circumstances when an organisation may adopt a government related
identifier of an individual as its own identifier, or use or disclose a government related
identifier of an individual.
APP 10 — Quality of personal information
An APP entity must take reasonable steps to ensure the personal 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 the use or disclosure.
APP 11 — Security of personal information
An APP entity must take reasonable steps to protect personal information it holds from
misuse, interference and loss, and from unauthorised access, modification or disclosure. An
entity has obligations to destroy or de-identify personal information in certain circumstances.
APP 12 — Access to personal information
Outlines an APP entity’s obligations when an individual requests to be given access to
personal information held about them by the entity. This includes a requirement to provide
access unless a specific exception applies.
APP 13 — Correction of personal information
Outlines an APP entity’s obligations in relation to correcting the personal information it holds