Privacy and Dignity Policy and Procedure

PURPOSE

This policy and procedure intend to demonstrate Lucid Minds Positive Behaviour Support PTY LTD organisational commitment and provide clear organisational governance direction to uphold the Privacy and Dignity of Participants and meet our legislative compliance obligations. Policy direction will enable us to provide the participant access to services and supports that respect and protect their dignity and right to privacy.

SCOPE

This policy and procedure is applicable to all Lucid Minds Positive Behaviour Support PTY LTD team members and any relevant stakeholders.

POLICY

Lucid Minds Positive Behaviour Support PTY LTD is committed to protecting and upholding all stakeholders’ privacy and dignity rights. This includes participants, team members, management, and all agencies we collaborate with. Lucid Minds Positive Behaviour Support PTY LTD is committed to protecting and upholding the participants' right to privacy and dignity as we collect, store, and handle information about them, their needs, and their services. Lucid Minds Positive Behaviour Support PTY LTD requires team members to be consistent and careful in managing documentation and conversations about participants and how they decide who can see or hear this information. Lucid Minds Positive Behaviour Support PTY LTD is subject to NDIS (Quality and Safeguards) Commission rules and regulations and follows the guidelines of the Australian Privacy Principles. Lucid Minds Positive Behaviour Support PTY LTD will ensure that each participant understands and agrees to what personal information is collected; they will be informed of the reason for the collection. The participant will be informed, and agreement will be sought. This information is recorded in an audio and/or visual format.

Lucid Minds Positive Behaviour Support PTY LTD will advise each participant of privacy policies using the language, mode of communication and terms that the participant is most likely to understand. (Easy Read documents are made available to all participants). Lucid Minds Positive Behaviour Support PTY LTD will ensure that It meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of participants and organisational personnel. The participants are provided with information about their rights regarding privacy and confidentiality. The participants and organisational personnel are provided with privacy, and confidentiality is assured when they are being interviewed or discussing matters of a personal or sensitive nature. All team members, management, and volunteers understand what is required to meet these obligations.

Participants are advised of Lucid Minds Positive Behaviour Support PTY LTD confidentiality policies using the language, mode of communication and terms most likely to be understood. Lucid Minds Positive Behaviour Support PTY LTD Disability Support Services will attempt to locate interpreters and will use easy-access materials. This policy conforms to the Federal Privacy Act (1988) and the Australian Privacy Principles, which govern personal information collection, use, and storage. This policy will apply to all records, whether hard copy or electronic, containing personal information about participants and to interviews or discussions of a sensitive personal nature.

PROCEDURE

Dealing with Personal Information

In dealing with personal information, Lucid Minds Positive Behaviour Support PTY LTD team members will:

● Ensure privacy for the participants, team members, or management when they are being interviewed or

● Discussing matters of a personal or sensitive nature.

● Only collect and store personal information necessary for the organisation's functioning and its activities.

● Use fair and lawful ways to collect personal information.

● Collect personal information only with consent from the participant.

● Ensure that people know the type of personal information being held, the purpose of keeping the information, the method by which it is collected, used, and disclosed, and who will have

access to it.

● Ensure that personal information collected or disclosed is accurate, complete, and up-to-date, and provide access to the participant to review information or correct wrong information about themselves.

● Take reasonable steps to protect all personal information from misuse and loss and 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.

● Ensure that participants understand and agree with what personal information will be collected and why.

● Ensure participants are informed when any recordings occur in either audio and/or visual format.

● The participant's involvement in any recording must be agreed to in writing.

Participants Records

● Participant records are kept confidential and only handled by team members directly engaged in service delivery to the participant.

● Information about participants may only be made available to other parties with the participant's consent or their advocate, guardian, or legal representative. A written agreement giving permission must be maintained in the participant's file.

● All hard-copy files of participant records are kept securely.

Responsibilities for Managing Privacy

All team members are responsible for managing personal information to which they have access. The CEO is responsible for the content in Lucid Minds Positive Behaviour Support PTY

LTD Disability Support Services publications, communications and on social media sites and must ensure the following:

● Appropriate consent is obtained for the inclusion of any personal information about any participant, including Lucid Minds Positive Behaviour Support PTY LTD Disability Support Services personnel (Consent Policy and Procedure)

● Information being provided by other agencies or external participants conforms to privacy principles

● The website contains a Privacy Statement that clarifies the conditions of any collection of personal information from the public through their visit to the website.

● The CEO is responsible for safeguarding personal information relating to Lucid Minds Positive Behaviour Support PTY LTD Disability.

● Support Services team members, management and contractors. The CEO will be responsible for:

● Ensure that all workers are familiar with the privacy policy and administrative procedures for handling personal information.

● Ensuring that participants and other relevant participants are provided with information about their rights regarding privacy and dignity.

● Handling any queries or complaints about a privacy issue.

Privacy Information for Participants

At the first interview, participants will be notified of the type of information being collected about them, how their privacy will be protected, and their rights about this data. Information sharing is part of our legislative requirements. Participants must consent to any information sharing between our organisation and government bodies. The participant is offered the option to opt out of any NDIS information sharing during audits. Feedback and complaints are confidential; a regulatory or legal breach must be reported to the relevant agencies. The participant will be advised and kept fully informed.

Privacy for interviews and personal discussions

To ensure privacy for participants or team members when discussing sensitive or personal matters, Lucid Minds Positive Behaviour Support PTY LTD will only collect personal information that is necessary for the provision of supports and services and which is given voluntarily and will be stored securely on the Lucid Minds Positive Behaviour Support PTY LTD database.

When in possession or control of a record containing personal information, Lucid Minds Positive Behaviour Support PTY LTD Disability Support Services will ensure that the record is protected against loss, unauthorised access, modification, or disclosure by such steps as it is reasonable to take. If the record must be given to a person in connection with providing a service to Lucid Minds Positive Behaviour Support PTY LTD Disability Support Services, everything reasonable will be done to prevent unauthorised use or disclosure of that record. Lucid Minds Positive Behaviour Support PTY LTD Disability Support Services will not disclose any personal information to a third party without the participant’s consent unless that disclosure is required or authorised by or under law.

Breach of this Policy

Disciplinary action may be taken against any employee who directly approves of or has knowledge of violations of this policy.

REFERENCES

● NDIS Practice Standards and Quality Indicators 2018

● Privacy Act (1988)

● Charter of Human Rights

● NDIS Charter of Rights

● Code of Conduct

● Federal Privacy Act (1988)

● Australian Privacy Principles