PRIVACY POLICY

Last Updated: 21/02/24

Human Embraced is committed to the transparent management of personal and health information about its clients and staff.

This commitment includes protecting the privacy of personal information, in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cwlth) amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cwlth).

5.0 PROCEDURE

Personal information

Personal information may include:

  • name,

  • date of birth,

  • gender,

  • Pronouns,

  • current and previous addresses,

  • residency status,

  • telephone numbers and e-mail addresses,

  • bank account details,

  • tax file number,

  • driver's licence number,

  • Centrelink information,

  • photographs,

  • race or ethnicity, and

  • medical history or information provided by a health service.

  • Information on wellbeing and Mental State

  • NDIS number

    In collecting personal information, Human Embraced will inform the client:

  • that information is being collected;

  • the purposes for collection;

  • who will have access to the information;

  • the right to seek access to, and/or correct, the information; and

  • the right to make complaint or appeal decisions about the handling of their information.

    Client information is used to:

  • assess and provide services;

  • administer and manage those services;

  • evaluate and improve those services;

  • contribute to research;

  • contact family, carers, or other third parties if required; and

  • meet our obligations under the NDIS.

    Clients are to be provided with the Client Consent Form at the time of commencing service with Human Embraced. This form is to be

  • signed and placed in the client’s file;

  • held securely with access limited to staff members in the performance of their role.

Updating Client Information

To ensure that client information is accurate, complete, current, relevant and not misleading, Human Embraced checks personal details and updates client files accordingly:

  • whenever reviewing a client’s service; and / or

  • upon being informed of changes or inaccuracies by clients or other stakeholders

There will be no charge for any correction of personal information. Where Human Embraced has previously disclosed client personal information to other parties, should the client request us to notify these parties of any change to their details, we must take reasonable steps to do so.

Collection and Storage of Personal Information.

Human Embraced collects information:

  • directly from clients orally or in writing;

  • from third parties, such as medical practitioners, government agencies, client representatives, carer/s, and other health service providers;

  • from client referrals;

  • from forms filled out on the Human Embraced website and online; and

  • from publicly available sources of information.

Human Embraced will collect sensitive information:

  • with client consent, unless an exemption applies: e.g. the collection is required by law, court/tribunal order or is necessary to prevent or lessen a serious and imminent threat to life or health;

  • fairly, lawfully, and non-intrusively;

  • directly from client, if doing so is reasonable and practicable;

  • only where deemed necessary to support

    • service delivery to clients;

    • staff activities and functions; and

    • giving the client the option of interacting anonymity, if lawful and practicable.

Human Embraced takes all reasonable steps to protect personal information against loss, interference, misuse, unauthorised access, modification, or disclosure. Human Embraced will destroy, or permanently de-identify personal information that is

  • no longer needed;

  • unsolicited and could not have been obtained directly; or

  • not required to be retained by, or under, an Australian law or a court/tribunal order. 

Human Embraced has appropriate security measures in place to protect stored electronic materials. Human Embraced has an archiving process for client files which ensures files are securely and confidentially stored and destroyed in due course.

Should a breach in privacy occur, potentially exposing client information (e.g. computer system hacked, laptop stolen etc.) the Director will immediately act to rectify the breach in accordance with organisational policy and processes (see Breaches of Privacy, below).

 Disclosing information

Human Embraced respects the right to privacy and confidentiality, and will not disclose personal information except:

  • where disclosure would protect the client and / or others;

  • where client has given consent

  • where it is necessary for best service practice; or

  • where obligated by law.

For these purposes, Human Embraced may disclose clients’ personal information to other people, organisations or service providers, including:

  • medical and allied health service providers who assist with the services we provide to clients;

  • a 'person responsible' if the client is unable to give or communicate consent e.g. next of kin, carer, or guardian;

  • the client’s authorised representative/s e.g. legal adviser;

  • our professional advisers, e.g. lawyers, accountants, auditors;

  • government and regulatory authorities, e.g. Centrelink, government departments, and the Australian Taxation Office;

  • organisations undertaking research where information is relevant to public health or public safety; and

  • when required or authorised by law.

 Accessing personal information

Clients can request and be granted access to their personal information, subject to exceptions allowed by law.

Requests to access personal information must state:

  • the information to be accessed

  • the preferred means of accessing the information,

  • and should be forwarded to the Director either verbally, or in writing to:

    hello@humanembraced.com.au

The Director will assess the request to access information, taking into consideration current issues that may exist with the client, and whether these issues relate to any lawful exceptions to granting access to personal information.

Should the Director decide that access to personal information will be denied, they must, within 30 days of receipt of the request, inform the client in writing of:

  • the reasons for denying access and

  • the mechanisms available to complaint or appeal.

Should access be granted, the Director will contact the client within 30 days of receipt of the request to arrange access to their personal information.

Should Human Embraced be unable to provide the information in the means requested, the Director will discuss with the client alternative means of accessing their personal information.

Reasonable charges and fees, incurred by Human Embraced in providing the data as requested, may be passed on to the client.

Complaints

Questions or concerns about Human Embraced’s privacy practices should be brought, in the first instance, to the Director’s attention.

Clients may directly email the Director at hello@humanembraced.com.au

In investigating the complaint Human Embraced may, where necessary, contact the client making the complaint to obtain more information.

The client will be advised either in writing, or in a face-to-face meeting, of the outcomes and actions arising from the investigation.

If concerns cannot be resolved and clients wish to formally complain about how their personal information is managed, or if they believe Human Embraced has breached an APP and/or IPP, they may send their concerns in writing to:

Office of the Information Commissioner, Queensland

PO Box 10143
Adelaide Street Brisbane
Queensland 4000

Telephone: (07) 3234 7373
Email: enquiries@oic.qld.gov.au

 or complain online via their privacy complaints form:

www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us

Breaches of Privacy

  • Human Embraced is required to disclose a data breach to the Office of Australian Information Commissioner if the data contains personal information that is likely to result in “serious harm”, which includes any of the following: physical, psychological, financial or reputational harm. Personal information is information about an identified individual, or an individual who is reasonably identifiable.

  • Any staff who identify a potential breach must immediately inform their line manager, who must report to the Director for further action.

  • Human Embraced will inform clients if any of their information has been leaked in a data breach.