Client Privacy and Confidentiality Policy

1. Purpose  

This Policy sets out Learning for Life Autism Centre Inc’s (Learning for Life) framework for the protection of Personal Information provided to Learning for Life by Clients and ensures that Clients, their families, carers and advocates etc are aware of:

1. their right to have their Personal Information protected and treated confidentially; and
2. how to access Personal Information held by Learning for Life.

2. Policy Statement 

1. Learning for Life is bound by the Victorian Health Privacy Principles as set out in the Health Records Act 2001 (Vic) and the Australian Privacy Principles as set out in the Privacy Act 1998 (Cth).
2. Learning for Life understands that Clients have a right to confidentiality and embraces the Australian Privacy Principles and the National Disability Insurance Scheme (Quality Indicators) Guidelines 2018. Learning for Life is responsible for protecting Clients’ information from misuse, interference, loss, and from unauthorised access, modification or disclosure.
3. Learning for Life recognises that confidentiality and proper communication is a fundamental component of service provision, and that Clients have a right to be treated with dignity and respect.
4. Learning for Life respects Clients’ right to privacy. Learning for Life realises it is important that Clients understand the purpose for which Learning for Life collects their Personal Information.
5. Learning for Life takes its obligations seriously and carries out all reasonable steps to comply with and protect the privacy of the Personal Information held.
6. Learning for Life shall engage employees and contractors that have the right skills, training and clearances to meet the standards prescribed by this Policy.

3. Scope 

1. This Policy applies to all employees, contractors, volunteers (including board members) of Learning for Life and will be implemented with respect to all Clients of Learning for Life.
2. Personal Information provided to Learning for Life by persons other than Clients is covered by the Public Privacy Policy (with respect to Personal Information provided by members of the public such as donors, supporters, families making enquiries, applicants for positions or users of the Learning for Life website) or the Staff & Volunteer Confidentiality & Privacy Policy (with respect to Personal Information provided by Learning for Life staff or volunteers). 

4. Communication and Complaints

1. This Policy is available in easy read and pictorial format.
2. This Policy will be communicated to existing Clients upon its commencement and to new Clients on the commencement of their service via a Client handout or verbally. This Policy will be made available for viewing by Clients on request.
3. This Policy will be communicated to all staff and volunteers of Learning for Life at its commencement and to new staff members and volunteers on the commencement of their role.
4. This Policy shall be read in conjunction with:

• Complaints and Feedback Policy;
• Grievances Policy;
• Data Breach and Response Policy;
• Duty of Care and Incident Management Policy;
• Psychosocial Hazards Policy
• Individual Programs Policy;
• Child Safe and Vulnerable Persons Policy. 

5. Definitions 

APP or Australian Privacy Principles means the privacy principles set out under the Privacy Act 1988 (Cth) establishing standards for collection and handling of Personal Information.

Client means, for the purpose of this policy, a child who is enrolled in a Learning for Life program and their parents or guardians.

HPP or Health Privacy Principles means the health privacy principles established under the Health Records Act 2001 (Vic) that apply to the collection and handling of health information in Victoria by the Victorian public and private sector.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Types of Personal Information 

1. Learning for Life may collect the following types of Personal Information:

• name, address, date of birth, telephone number, email address, bank account details, credit card details, photographs, video or audio footage, etc; and
• “Health information”, including mental ailments, medical treatment or procedures received, medications, allergies, vaccination records, medical history, records of medical appointments, and other records related to a Client’s health condition, including information provided by referring doctors and psychologists, psychological examinations and speech pathology reports. 

7. Collecting and Handling Information 

1. Learning for Life may collect information using a variety of means, including (but not limited to): 
   •  face-to-face verbal communication;
   • telephone calls;
   • video calls or online video conferencing platforms;
   • email;
   • written communication via letters, application forms, website forms and messages;
   • business transactions;
   • publicly available information sources (telephone directories, internet websites and social media, etc.);
   • direct marketing databases;
   • emergency medical contact’s of a Client;
   • from referring health care workers; and
   • from a Client’s kindergarten and school teachers, childcare facilities and other allied healthcare providers.
2. Learning for Life shall take reasonable measures to ensure the integrity of Client information; it shall be kept accurate, complete and up-to-date, including checking Personal Information with Clients on an annual basis.
3. Learning for Life shall only use lawful means of collecting information. Learning for Life shall collect information directly from the Client unless the Client consents to the information being collected from another individual or entity or Learning for Life has a lawful obligation to do so.
4. In some cases, completion of a consent form may be required prior to information being collected from a client, other sources or provided to other parties. Any consent form shall be kept on the Client’s file.
5. When collecting information from a third party without direct consent or inquiry from the Client, Learning for Life shall take reasonable steps to notify the Client of

• the fact that the information has been collected from a third party
• the lawful obligation Learning for Life has to collect this information (if any);
• the purpose of collecting the information;
• the expected consequences of not collecting this information;
• any other third party to which this information may be disclosed;
• this Policy, including notification that this Policy outlines how and why information may be collected;
• if relevant, whether the information is likely to be disclosed to overseas recipients and in which countries those recipients are likely to be located. 

• • this information could have been collected in line with the Australian Privacy 
    Principles; or
  • this information is contained within a Commonwealth record