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STANDARD 1
RIGHTS
INCLUDING POLICY ON
PRIVACY, DIGNITY
AND CONFIDENTIALITY
Date Adopted June 2011
Last Review July 2013
Date Revised February 2014 (6 Standards)
1.
BACKGROUND
Nambucca Valley Phoenix Inc. (NVP) is a non-profit organisation established for the
purpose of supporting people with disabilities and their families living in the Nambucca
Valley and immediate environs.
The services offered by NVP include Business Services (Australian Disability Employment of
ADE), Community Participation, Transition to Work, Life Choices and Active Ageing; plus a
Transition Program for service users leaving Phoenix for another service.
Nambucca Valley Phoenix is a non-profit, community organisation which is governed by a
management committee elected annually by the members. Nambucca Valley Phoenix
receives operating funds from the New South Wales and Federal Governments plus income
generated from sales and services and, donations and grants.
2.
PURPOSE AND SCOPE
The purpose of this policy is to establish the right of individuals to respect for their human
worth and dignity and to full participation in Australian society. The policy aims to
establish standards of privacy, dignity and confidentiality in the organisation’s dealings with
prospective, current and past users of the organisation’s services. The policy has been
framed around individuals’ rights as they are specified in the United Nations Convention on
the Rights of Persons with a Disability Articles 3(a) & (c), 5, 16 and 22; Privacy Amendment
(Enhancing Privacy Protection Act 2012 on 12 March 2014; Freedom of Information Act
(1982); Disability Services Act (1993); NSW Carers (Recognition) Act 2010 (including the
Carers Charter) and Standard 1 of the Disability Services Standards: Standards in Action
NSW (2012).
This policy applies to all of the organisation’s programs and activities.
3.
POLICY STATEMENT
The organisation is committed to ensuring that all service user/supported employees of the
organisation have the same level of rights as is expected by the rest of the community.
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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4.
PROCEDURES
The following procedures are to be implemented to ensure that the organisation
meets its policy objective of ensuring that all service user/supported employees of the
organisation have the same Rights (4a. 1-5) (4b.1-4) including level of privacy, dignity
and confidentiality (4c.1-7) as is expected by the rest of the community.
4a Nambucca Valley Phoenix will provide a service:
4a.1
that maximises individual choice for social participation and cultural inclusion;
4a.2
that is free from discrimination, abuse (financial, sexual, physical or
emotional), neglect and exploitation;
4a.3
that acknowledges, respects and supports an individual’s cultural and
religious (or non-religious) beliefs;
4a.4
that supports and encourages self protective strategies and behaviours that
take into account each person’s individual and cultural needs;
4a.5
that upholds each person’s right to make decisions, including medical
treatments, nutritional and behaviour management practices and
interventions, in line with relevant legislation, convention, policies and
practices. When this is not possible, assisted or substituted (alternative)
decision making is in line with the person’s expressed wishes, if known and if
not, with their best interest;
4a.6
encourages and supports access to advocacy services that promote each
person’s rights, interests and well being.
Note: Phoenix acknowledges that Phoenix staff cannot be advocates for service
users/supported employees of Phoenix.
4b To uphold and promote the legal and human rights of each person Nambucca Valley
Phoenix will:
4b.1
gain consent from each individual service user/supported employee, or their
person responsible or legal representative, for medical treatments and
interventions;
4b.2
provide opportunities for service users/supported employees to participate in
the development and review of organisational policy and procedures that
promote strategies for equality and upholding human rights;
4b.3
ensure management and staff have the knowledge and skills to implement
reporting processes on incidents of alleged or known discrimination, abuse,
neglect or exploitation;
4b.4
offer appropriate support to the service user/supported employee and their
family or carer when they raise or pursue allegations of discrimination, abuse,
neglect or exploitation;
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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4c Nambucca Valley Phoenix will only collect information about the service user/supported
employee that can be shown to be directly relevant to effective service delivery and the
organisation’s duty of care responsibilities. In upholding an individual’s right to privacy,
dignity and confidentiality Phoenix will:
4c.1
Seek the written consent of the service user/supported employee or family
prior to obtaining information from any other source. For those who do not
wish to sign the consent form, or restrict consent, NVP will:
* explain carefully the need for certain consents and, where it
continues to be withheld document the efforts to obtain consent
and reason why consent was not given;
4c.2
Seek the written consent of the service user/supported employee or family
prior to releasing information to any other source;
4c.3
Ensure that personal information is stored securely and is not left on view to
unauthorised organisation staff or the general public;
4c.3
Ensure that only those organisational staff who need access to the above
information will be granted access;
4c.4
Advise the service user/supported employee and family of the nature of the
personal information that is held by the organisation about the service
user/supported employee;
4c.5
Advise the service user/supported employee and family of their right to view
the information that the organisation keeps in respect of the service
user/supported employee;
4c.6
Ensure that personal information about a service user/supported employee is
only held by the organisation as long as it is remains relevant to the delivery
of effective services and the organisation’s duty of care obligations.
4c.7
Promptly investigate, remedy and document any consumer grievance
regarding privacy, dignity or confidentiality.
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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5.
PERFORMANCE STANDARDS
The following performance standards must be met to:
a. ensure that the procedures specified in Section 4 are implemented effectively;
b. attain the following identified Key Performance Indicators –
KP I
Proportion of service users/supported employees who express that Nambucca Valley
Phoenix promotes the rights of individuals;
KPI 2 Nambucca Valley Phoenix has policies, procedures, and informational material that
promotes the rights of individuals
KPI 3 Proportion of service users/supported employees express that they are supported to
exercise their rights all the time
5.1
All service user/supported employees and their families have been provided with a
copy of the organisation’s Rights including Policy on Privacy, Dignity and
Confidentiality.
5.2
All employees have been provided with a copy of the organisation’s Policy on
Rights including Privacy, Dignity and Confidentiality and a staff copy of the policy is
kept in each service outlet.
5.3
Service user/supported employees and families have been informed why the
information sought is required by the organisation.
5.4
Authority to Release Information forms have been completed by service
user/supported employees or families prior to information being collected from other
sources.
5.5
The organisation maintains a service user/supported employee information system
that houses all personal information pertaining to an individual service
user/supported employee in the one locality.
5.6
Service user/supported employee files are stored in lockable filing cabinets in a nonpublic place in the office and files are returned to their proper location as soon as
they are no longer required.
5.7
Service user/supported employee names or other identifying information is not
displayed on whiteboards or notice boards that may be open to view by other
service user/supported employees or the general public.
5.8
Photographic, video or other identifying images are not displayed or aired publicly
without the written prior permission of the service user/supported employee or
family.
5.9
Service user/supported employee files have been periodically reviewed to ensure
that personal information that is no longer relevant, and unlikely to be relevant in
the future, is culled from files.
5.10
Any grievances have been addressed in accordance with the privacy, dignity and
confidentiality principles outlined in this policy and the Policy Feedback and
Complaints (Standard 4).
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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6.
REVIEW OF THE POLICY
This policy will be reviewed on a two yearly basis. However, if at any time the legislative,
policy or funding environment is so altered that the policy is no longer appropriate in its
current form, the policy will be reviewed immediately and amended accordingly.
Information/References on Standard 1: Rights
Legislative obligations
Age Discrimination Act 2004 (Commonwealth)
Anti-Discrimination Act 1977 (NSW)
Australian Human Rights Commission Act 1986 (Commonwealth)
Carers (Recognition) Act 2010 (NSW)
Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)
Crimes Act 1900 (NSW)
Disability Discrimination Act 1992 (Commonwealth)
Equal Opportunity for Women in the Workplace Act 1999 (Commonwealth)
Guardianship Act 1987 (NSW)
Health Records and Information Privacy Act 2002 (NSW)
Privacy Act 1988 (Commonwealth)
Privacy and Personal Information Protection Act 1998 (NSW)
Public Health Act 1991 (NSW)
Racial Discrimination Act 1975 (Commonwealth)
Sex Discrimination Act 1984 (Commonwealth)
For links to legislation refer to:
www.comlaw.gov.au or www.Austlii.edu.au (Commonwealth legislation)
www.legislation.nsw.gov.au (NSW legislation)
Resources
Australian Human Rights Commission
www.humanrights.gov.au
Intellectual Disability Rights Service
www.idrs.org.au
Legal Aid
www.legalaid.nsw.gov.au
Anti Discrimination Board
www.lawlink.gov.au/ADB
Guardianship Tribunal
www.gt.nsw.gov.au
NSW Public Guardian
www.lawlink.nsw.gov.au/opg
NSW Trustee and Guardian
www.lawlink.nsw.gov.au/opc
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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Information on the Convention on the Rights of Persons with Disabilities
www.un.org/disabilities/convention/conventionfull.shtml
Information on nutritional and behaviour management practices
Behaviour Support Policy 2009
Nutrition and Swallowing Policy and Procedures 2010
www.adhc.nsw.gov.au
Information on advocacy refer to
www.adhc.nsw.gov.au
Information on privacy refer to
Privacy NSW
www.lawlink.nsw.gov.au
Information and Privacy Commissioner
www.ipc.nsw.gov.au
Information on:
refer to:
complaint handling
Community Handling Kit for
Community Services NSW
Ombudsman 2009, which can be
accessed at Standard on feedback
and complaints
person centred approaches
Standard on individual outcomes
working with people from Aboriginal
and Torres Strait Island (ATSI)
communities
Standard on individual outcomes
working with people from Culturally
and Linguistically Diverse (CALD)
communities
Standard on individual outcomes
working with children and young
people
Standard on feedback and
complaints
NVP Policy on Rights including Privacy, Dignity
and Confidentiality (Standard 1) Version
February 2014 ajb
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