003 Participant’s Privacy, Dignity and Confidentiality Policy
1. Purpose
Proactive Support is committed to ensuring participants’ personal privacy is maintained as they access their support. Rights related to privacy are set out in the Commonwealth Privacy Act 1988. People with a disability have a right to privacy, including in relation to the collection, use and disclosure of information concerning them and the services they receive. This policy covers the information and situations which are to be kept confidential and the supporting procedures will outline how this can be achieved in practice. This policy also covers where participant’s information is to be shared and how they can give consent for that to happen, as well as mandatory reporting requirements where consent is NOT required.
This policy will ensure each participant’s privacy is protected, confidentiality is maintained, and their personal dignity remains intact.
2. Scope
This policy applies to:
- All staff of Proactive Support
- All situations where staff may be required to provide information about a participant
- All situations where a participant’s dignity could be compromised
3. Definitions
In the policy:
Staff means any person employed by Proactive Support, including managers and workers, regardless of pay, status or working hours
Participant means a client or potential client who is receiving supports or services from Proactive Support
Informed consent is where the participant is informed in what circumstances their information could be disclosed, and consent is given by the participant for this to occur
4. Rights and Responsibilities
All Staff
All staff are entitled to access all relevant information about a participant which they require for their work.
All staff must:
- Maintain STRICT participant confidentiality outside of work
- Follow mandatory reporting guidelines if necessary
Management
Managers must ensure:
- Participant’s information is securely stored
- Access to their information is given when requested by a participant
- Accurate and relevant information is shared with other providers when the express informed consent of the participant has been obtained
- Each participant is advised of this policy using the language, mode of communication and terms that the participant is most likely to understand
- That Proactive Support upholds all legal and ethical obligations concerning handling confidential information
- That Proactive Support takes all reasonable steps to protect all information held (including personal information) from misuse, loss, unauthorised access, modification, or disclosure.
5. Queensland Human Rights Act 2019
Proactive Support have an obligation to treat people in accordance with their human rights and therefore staff must understand human rights and take them into account in their day-to-day work. They will need to read the Act to become familiar with its principles, incorporating them into their interactions with participants. These rights include, but are not limited to, the right to:
- Recognition and equality before the law
- Freedom of movement, thought, conscience, religion, belief and expression
- Take part in public life
- Privacy and reputation
- Liberty and security of person
- Cultural rights
- Health Services
6. Participant visiting Staff member’s home
In general it is not advisable for a staff member to take a participant to their home as it can blur professional boundaries. However there are some instances where it may be appropriate.
The participant needs to be made aware of potential risks associated with visiting a worker's home, particularly concerning safety and security. These risks may include:
- Breach of personal privacy
- Exposure to environments that have not undergone risk assessment
- Compromise of confidentiality
If the participant is under the age of 18, it is essential for the staff member to obtain consent from their advocate, and this consent should be documented in ShiftCare notes. If the advocate's consent cannot be obtained, the staff member must seek prior approval from the Proactive Support Director or Community Access Coordinator before proceeding with any actions. It is crucial for staff members to acknowledge their Duty of Care to ensure the participant’s safety and prevent any injuries while in their home.
It is the participant’s right to receive supports and services in a safe and competent manner.
7. Personal Dignity
Proactive Support staff will ensure participants’ personal dignity is maintained in the community by:
- Assisting as required with their personal cares as per their support plan
- Protecting their personal information from general members of the public by using their first name only, avoiding reference to their disability unless necessary and avoiding calling them a ‘client’
8. Personal Information
Participants’ personal information will be used by Proactive Support for the express purpose of offering supports and services. Further instructions on the collection, use, storage, and referral of participant’s information are found in the 017 Participant’s Information, Money, and Property Procedures and the 009 Information Management Policy. No personal information is collected, stored, used, or shared with anyone, purposefully or by omission, unless the client provides informed consent, or Proactive Support are required by law to do so. Participants have the right to know why information is collected, how it is protected, how it is stored, how long it is kept, how it is disposed of, and how they can access their personal information.
8.1 Types
Information gathered and used will be of the following nature:
- Personal details e.g.name, date of birth, address, age, contact details
- Assessments and Care Plans
- Health and disability history
- Personal preferences, culture, values, beliefs
- Photos, audio recordings, video recordings
8.2 Collection
- Information is only collected which is relevant to the provision of supports and services
- Participants must give consent to the collection
- Participants must understand why the information is being collected
- Participants must understand their right to decline to provide information
- Participants must understand their right to make a complaint about privacy and confidentiality at any time, and how to make a complaint
8.3 Use and Storage
- Participants will be informed how their information is used and stored
- Participants are to be made aware of how they can access their information and correct it, if necessary, through the ‘Key Information for Participants’ informational brochure
- Information will only be used as necessary
- Information will be stored in a secure information management system
- Documents will be stored with appropriate use, access, transfer, storage, security, retrieval, retention, destruction, and disposal processes
8.4 Disposal
Participants records will be retained for seven years then securely disposed of, if no longer required.
9. Informed Consent and Confidentiality
Participants have the right not to have personal information disclosed to others without their informed consent. Personal information is information or an opinion about a person whose identity can be determined from that information or opinion. Examples of personal information include a person’s name, address, date of birth and details about their health or disability.
Consent is required from the participant for their information collection, use, retention and disclosure to other parties.
Each participant will be informed how they can access and correct their information as well as withdraw or amend their prior consent.
Proactive Support will obtain consent from participants by using the ‘Participant Informed Consent’ form.
10. Mandatory Reporting
There are certain circumstances where Proactive Support will disclose information about a participant without their consent, if necessary, if required or authorised by law. This is in line with mandatory reporting requirements and obligations to report certain incidents to the NDIS Commission and the police. They include:
- Child protection matters
- Violence
- Exploitation
- Neglect
- Abuse
- Sexual misconduct
Further information on these matters are found in the 002 Misconduct Policy and the 008 Incident Management Policy.
11. Related Documentation
Proactive Support
002 Misconduct Policy
008 Incident Management Policy
009 Information Management Policy
015 Managing an Incident Procedure
017 Participant’s Information, Money, and Property Procedures
#102 Participant Informed Consent form
‘Key Information for Participants’ informational brochure
External
NDIS Code of Conduct 2019
Commonwealth Privacy Act 1988
Right to Information Act 2009 (Qld)
Privacy Amendment (Notifiable Data Breaches) Act 2017
Information Privacy Act 2009 (Qld)
Disability Services Act 2006
Section 9, Disability Services Regulation 2017
