Preamble
BigDog Support Services Pty Ltd (BigDog) is committed to protecting and upholding the right to privacy of people with a disability, those who support them, workers, volunteers and representatives of other agencies. BigDog requires workers and volunteers to be consistent and careful in the way they manage what is written and said about individuals and how they decide who can see or hear this information.
Such rights will also apply when there are guests or visitors to a supported house or group centre.
This includes areas such as personal care, visitors, correspondence, phone calls, relationships, health and medical issues, money and finances, personal possessions, environment and activities.
1.3.1 Privacy
BigDog is often empowered to retain information for clients, workers and organisations. The retention of this information must be for valid reasons and therefore the reasons must be able to be clearly demonstrated in accordance with the Privacy Act 1988 (Cwth).
Privacy breaches
The Directors, client, worker, volunteer or contractor can utilise the grievance procedures to complain if they believe that their privacy has been breached. This is a serious matter and will be investigated by the Directors. Possible outcomes of the investigation could include worker performance management or changes to processes to ensure the safety of all information. If a person not satisfied with the outcome of the investigation, they can contact the Office of the Privacy Commissioner at http://privacy.gov.au/
1.3.2 Confidentiality
BigDog requires workers, volunteers and contractors to respect and maintain the confidentiality of individuals and BigDog business generally. Workers may from time to time have access to information that is confidential to BigDog, other agencies that have dealings with BigDog, or to other workers and volunteers.
Workers will:
Retain all confidential information in the strictest confidence and not disclose any confidential information to any person other than for purposes directly related to their position at BigDog.
Not use any confidential information which they have acquired in relation to the activities of BigDog for their own interests or the interests or purposes of others not associated with BigDog
Not make copies of any confidential information for any other reason other than those essential to and directly related to their position and responsibilities with BigDog. Upon the request, and in any event upon the cessation of their engagement or employment with BigDog, return or destroy materials containing confidential information which are in their possession.
This will not prevent a worker from:
Disclosing information to proper authorities in relation to concerns about improper conduct, breaches of laws or breaches of duty of care.
Providing access for external reviewers to non-identified information for the purposes of formal audit processes
Making a formal complaint to appropriate authorities about an aspect of BigDog operation
Disclosing any information that they may be required to disclose by any court or regulatory body or under applicable law.
1.3.3 Personal Information Collection
The collection of information shall be with the expressed permission of the client or guardian. Information shall only be in relation to the needs of BigDog with respect to the program or services being provided to the c;ient. No information is to be retained that does not serve a specific purpose. Information must only be gleaned through lawful means minimising intrusiveness. No speculative or prejudicial information is to be retained without valid reasons.
Use of information
The collected information is only to be used for the designated program or service requirements. For any information that can be used for a secondary purpose, permission must be gained from the concerned individual or guardian prior to the information being accessed.
Disclosure
No information is to be disclosed to any third party without the expressed permission of the client or their guardian. This permission should be gained in writing for each disclosure, stating the reasons for disclosure. Any requests for information by a third party must be in writing and state the reasons for the requested information. The written request for information must be provided to the individual or their guardian prior to any disclosure. Disclosure may not be made where BigDog believes there is a very real threat to the health, safety or life of the individual and where it is impractical to gain permission. This must be in accordance with section 2 of the Act.
Access
BigDog will allow access to any retained information of a client at any convenient time for the client or guardian. As information may be retained in a variety of mediums BigDog will reserve the right to time frame access, the maximum period for the time frames is 7 days. All statutory bodies will supply BigDog with appropriate documentation prior to access to information being granted.
BigDog will supply on request, information of a non-detrimental nature to the client to statutory authorities and organisations by way of surveys, audits and in-line with funding requirements. Workers are to verify with management that the type of information to be disclosed is not breaching a client’s privacy, and therefore should only contain information in relation to client groups.
Clients have the right to access and amend personal information held by BigDog under the Information Privacy Act 2009 (Qld)
Clients also have the right to access and apply to amend personal information held by the Queensland Government through the Right to Information Act 2009 (Qld).
Correction
BigDog undertakes to take reasonable steps to make sure that information it collects, uses or discloses is accurate, complete and up to date. Any information that is not accurate is to be corrected as soon as practicable and incorrect information destroyed.
Disposal
All information is to be destroyed by means that make the information irretrievable to a third party. Clients have the right to ask for information prior to disposal, provided that the information does not contain organisational material or invades the privacy of any third party.
Security
All information is always to be kept as secure as possible. Sensitive information should be retained on password secured software or in locked facilities and only be available to those who require its usage. BigDog management is to implement appropriate procedures within facilities for the retention of sensitive information.
Procedures
BigDog will ensure that:
We meet our legal and ethical obligations as an employer and service provider in relation to protecting the privacy of clients, those who support them and workers.
Clients are provided with information about their rights regarding privacy.
Clients and workers are provided with privacy when they are being interviewed or discussing matters of a personal or sensitive nature
All workers and volunteers understand what is required in meeting these obligations
In dealing with personal information, BigDog workers will:
Ensure privacy for clients and those who support them, workers or volunteers, when they are being interviewed or discussing matters of a personal or sensitive nature.
Only collect and store personal information that is necessary for the functioning of BigDog and its activities
Use fair and lawful ways to collect personal information
Collect personal information only with the consent of the client.
Ensure that people know what sort of personal information is held, what purpose it is held for and how it is collected, used, disclosed and who will have access to it.
Ensure that personal information collected or disclosed is accurate, complete and up-todate, and provide access to any individual to review information or correct wrong information about themselves
Take reasonable steps to protect all personal information from misuse and loss and from unauthorised access, modification or disclosure.
Destroy or permanently de-identify personal information no longer needed and/or after legal requirements for retaining documents have expired.
To ensure privacy when discussing sensitive or personal matters, workers will arrange for a private location to hold discussions including phone calls.
Summary
BigDog is to be vigilant in gaining information, the retention of information and disclosure of information. BigDog has the responsibility to record a wide range of information in relation to service delivery and for the benefit of the client. Protection of client privacy must be at the forefront of worker's thoughts when collecting information.
Simple questions to be asked:
Why do we need this information?
Is there a specific reason that I can show?
Have I the permission of the individual to collect, retain and disclose this information?
Satisfying these 3 questions will normally satisfy the requirements of the Privacy Act
The Directors are responsible for safeguarding personal information relating to BigDog workers, volunteers, contractors and other stakeholders. All workers are responsible for the management of personal information to which they have access, and in the conduct of research, consultation or advocacy work.
The Directors are responsible for content in BigDog publications, communications and website and must ensure the following:
Appropriate consent is obtained for the inclusion of any personal information about any individual including BigDog workers
Information being provided by other agencies or external individuals conforms to privacy principles
That the BigDog website contains a copy of this Privacy and Dignity Policy that makes clear the conditions of any collection of personal information from the public through their visit to the website
Client Consent Form
Employee Confirmation Agreement
Employee Induction Checklist
Information Sheets
Code of Practice
Don’t leave privacy to chance
Human Services Quality Framework October 2021 Version 8
NDIS Practice Standards November 2021 Version 4
Protecting your privacy
Website Privacy Statement
NGO Training
Duty of Care & Dignity of Risk
Professional Boundaries
Legislation
Child Protection Reform and other Legislation Act 2022 (QLD)
Disability Services Act 2006 (QLD)
Disability Services and Inclusion Act 2023 (Cwth)
Information Privacy Act 2009 (QLD)
Invasion of Privacy Act 971 (Cwth)
National Disability Insurance Scheme Act 2013 (Cwth)
NDIS (Provider Registration and Practice Standards) Amendment Rules 2021
Privacy Act 1988 (Cwth)
Right to Information Act 2009 (QLD)
NDIS Practice Standards and Quality Indicators
BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators.
The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants.
The four core modules are:
1.0 Rights and Responsibilities;
2.0 Governance and Operational Management;
3.0 The Provision of Supports; and
4.0 The Support Provision Environment.
1.3 Privacy and Dignity
Each participant accesses supports that respect and protect their dignity and right to privacy.
Consistent processes and practices are in place that respect and protect the personal privacy and dignity of each participant.
Each participant is advised of confidentiality policies using the language, mode of communication and terms that the participant is most likely to understand.
Each participant understands and agrees to what personal information will be collected and why, including recorded material in audio and/or visual format
Human Services Quality Standards
The Human Services Quality Standards set a benchmark for the quality of service provision. Each Standard is supported by a set of performance indicators which outline what an organisation is required to demonstrate to meet that standard.
1 Governance and Management
Sound governance and management systems that maximise outcomes for stakeholders.
1.1 BigDog has accountable and transparent governance arrangements that ensure compliance with relevant legislation, regulations and contractual arrangements.
1.7 BigDog has effective information management systems that maintain appropriate controls of privacy and confidentiality for stakeholders.
Delegation of Authority
Name Position Details
Steven Paull Director
Courtney Carroll Director
David Burrett Operations Manager
Monique Paull HR Lawyer
Version Details
Authorise review and implementation
Authorise review and implementation
Ensure information dissemination
Ensure compliance by workers
This policy will be reviewed every twelve (12) months unless circumstances deem it necessary to review earlier. The review process will involve an analysis of the usefulness of the policy and to note any changes which are required to improve the policy.
If minor changes are made in wording or to clarify the intent, the version number will indicate this by adding a ‘point’ i.e. Version 1.0 indicates the original version and 1.1 with the first round of minor changes made. A significant change or intent of the policy will be indicated by a whole new number i.e. Version 2.0.
The following rules also apply in interpreting this policy:
• Headings are for convenience only and do not affect interpretation.
• A singular word includes the plural and vice versa.
• A word that suggests one gender includes the other genders.
February 2017
January 2019
January 2020
Created an all-inclusive HSQF Policy to address each of the service standards indicators.
Updated to new logo and style guide
Removed HSQF Standards Indicators and Policy matched with NDIS Practice Standards and Quality Indicators
Front cover updated to Practice Standards colour identification
Supporting Policies updated
January 2021 5.1 Updated Responsible Officers details
Changed ‘the director’ to ‘the directors’
Introduction of BigDog Training Portal and modules
January 2022 5.2 Updated Responsible Officers details and training modules
NDIS Practice Standards November 2021 Version 4
January 2023 6.0 Included Human Services Quality Standards and Child Protection Act and the term “Participant” is returned to “Client” to allow for policies to cover NDIS and Child Safety.
January 2024
6.1 Disability Services Act 1986 replaced with Disability Services and Inclusion Act 2023 and policy review process included.