MAX Help Privacy and Confidentiality Policy and Procedure

Privacy and Confidentiality

Policy Name Policy Number CHC006
Policy and Procedure

Version 1 Date June 2021

Scheduled Review
Feb 2022
Date
• MAX Help Code of Conduct Legislation:
• MAX Help Code of Ethics
• MAX Help Vision, Mission, Values PRIVACY ACT 1988 (Governs
• MAX Help Records Management Policy the collection, storage and
• MAX Help Complaints Policy and sharing of personal
Procedure information)
Related • MAX Help Mandatory Reporting
Documents • MAX Help Referral Policy
• MAX Help Reporting Policy
• MAX Help Consent for Disclosure (Found
in this document)
• MAX Help Privacy Consent Form (Found in
this document)
• MAX Help Self Care Policy and Procedure
Worker/Employee: Any person/s undertaking work for MAX Help, whether in
direct or indirect contact with clients
Client/Client: Any person receiving support via MAX Help’s services. For the
purpose of privacy and confidentiality, family and friend supports are also
protected under the privacy and confidentiality policy and procedure
Consent: Permission or agreeance from the client to share information on their
behalf
Definitions
Disclosure: Action of sharing information that is classified as private or
confidential.
*There are certain occasions when sharing information, consent is not required.
Such circumstances need to be made aware from all staff members. This includes
for example, where a client has an infectious disease that may impact on others in
the workplace and how the service is to be carried out. (This is elaborated on in
the ‘share information’ section of this document)
Julie Redman
Approved by Signature J.Redman Date 06/09/2021
Service Manager

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 1 of 9
Policy Statement

MAX Help understands the importance of protecting clients through the utmost care of client
information whether it be verbally, documented, or electronically stored and disseminated. In line
with legislative requirements, we take measures to ensure that the privacy of Clients is maintained
under all circumstances. MAX Help is committed to the privacy and confidentiality of both client and
organisational information.

MAX Help will:

• Provide clients access to this policy

• Share sufficient information, including risks and consequences of care, with clients and
carers so they can make decisions about the client’s care
• Store written and electronic information securely in either locked filing cabinets or password
protected computers and files
• Only collect personal and sensitive information that is relevant to the services that MAX Help
provides
• Ensure that personal and sensitive information is accurate and kept up to date
• Seek written consent from the client or carer before sharing personal and sensitive
information with other service providers
• Retain client files for the duration of their life
• Handle complaints about this policy according to the complaints management policy.

Team member will:

• Sign a confidentiality agreement upon commencement of employment with MAX Help

• Return client files to their secure location as soon as they are no longer required
• Discuss personal and sensitive information only in approved communication meetings
• Not discuss personal or sensitive information with unauthorised colleagues, in public where
they may be overheard, or in front of the client or carer if they are not involved in the
discussion
• Only use personal and sensitive information for the purpose for which it was provided.

Team
TeamMember
MemberLegislative Responsibilities
legislative responsibilities
• Informed consent (common law)
• Privacy Act.

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 2 of 9
Collection of information
Client personal information is only collected where it is needed in direct relation to services offered.
The purpose of the collection of information can include:

• To investigate client needs

• To help make a full assessment of the Client’s presenting issues
• To help with prescribing therapies
• To ensure that the client can be contacted
• To identify the client’s entitlement to healthcare subsidies or private health cover.
•

Information gathered includes:

• Client full name, date of birth, address, phone and email contact
• Client medical and social history relevant to therapy
• Interactions with the Client, including case notes on services provided, and progress notes
• Referral program information received on the client, or sent out to a third party
• Next of kin and emergency contact information
• Therapy and activity information
• Complaints or compliment information.

Procedure
Procedures

Clients must be informed of:

• The purpose of information collection

• Regarding third parties who may require a copy of their information (for example during
referral)
• How they can access and amend own information
• How they can request their information and notes
• How they can make a complaint regarding the use (or misuse) of their personal information.

Data collection:

• Clients are to be formally identified (their ID must be confirmed when making a booking
over the phone, or discussing matters with the Client) this can be done by confirming the
last three digits on their Medicare card and/or their street address
• Data collected must only be relevant to the service required by the Client
• Client information is not passed on to a third party except under mandatory law, or with the
expressed consent of the Client
• Information disclosed when referring Clients includes required information only

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 3 of 9
Data Safety and Security:

1. Data that is on written documents are filed in a locked cabinet whenever not in use (these
documents are not to be left out in the open for access by others)
2. Data held electronically is kept in a password protected system
3. All archived client information is stored in a lockable station (including information of clients
who have passed on)
4. All computers automatically lock when inactive for longer than 1 minute
5. Passwords are not to be shared amongst staff members, or clients
6. All files and documents that are no longer ‘required’ are to be placed into the shredding bins
ready for professional collection
7. Hard copy Client files are stored in a locked compartment
8. Client files that are in an electronic management system are password locked and have
varying levels of authorisation
9. Bar codes are used for labelling client items.

Disclosure and Sharing information:

1. Information must only be shared through the correct channels

2. Information shared must only be that which is required (you do not send an entire client file
for a referral unless needed)
3. The correct referral form must be used when referring clients to another service
4. Before sharing information make sure:
• Disclosure of information is directly related to the primary purpose of the collection and
is necessary for the service
• Where there is an emergency situation, and the client are in immediate danger/or
others
• Where non-disclosure could result in the harm of the client or others (client is
threatening to harm themselves or others)
• Where there is a requirement by law for the information (it has been subpoenaed, or
where there is suspect of child abuse, neglect, communicable diseases)
5. Information shared is used for its primary purpose except where the client consents
otherwise, or the information is formally required for research and statistical purposes, or,
the reason for sharing the information is directly related to the primary reason for collection
(for example where one health issue reveals another health issue).

6. You do not discuss financial without to anyone without client consent with the client signature.
Make sure client private and confidentiality information is respect,
Keep protected in the locking cabinet, if using internet do not disclose your password to any one

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 4 of 9
Professional Development and Self Care

Throughout the professional/personal development and self-care process, workers are to always
maintain the client’s privacy and confidentiality. This means that if a worker is experiencing stress, or
difficulty, because of dealing with a specific client, the client’s personal details must not be disclosed
in any of the professional development and self-care documentation. The client must only be
referred to as ‘the client’, or him/her. Workers will be able to describe their experiences and how
they feel without having to detail which client they are referring to.

This requirement is also reflected in the:

• MAX Help Stress Management Policy

• MAX Help Self Care Policy and Procedure
• MAX Help Personal Development Plan Policy and Procedure

Consequences
Consequencesof
of breaches
breaches to this
this policy
policy

As MAX Help is lawfully required to comply with legislative standards regarding the privacy and
confidentiality of client information, we take any breaches of privacy and confidentiality very
seriously. All MAX Help employees are required to know and understand their obligations regarding
client information. Any breach of confidentiality or privacy can damage the organisations reputation
and worse still, compromise the safety and security of our clients. All workers are required to report
any instances where they know (or suspect) a breach of privacy and confidentiality has taken place.
A breach in privacy and confidentiality can result in disciplinary action against the offending
employee, and in extreme circumstances result in dismissal. Failure to report a breach in privacy and
confidentially (even if not directly involved), can also result in disciplinary action.

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 5 of 9
 MAX Help Privacy Consent
(Consent to obtain Client information)

Information sought from a third party may include:

• Diagnostic information
• Full Medical history
• Referral information of services previously accessed
• Case and progress notes
• Individualised plan.

Information is collected to ensure that services offered to clients meet individual needs when
providing holistic care.

Client Declaration:

I [Client Name]
of:
[Client Address]
Provide my consent for MAX Help to obtain relevant information as held on my client records with
[Organisation receiving your information] for the following purpose: (Detail the intent
behind the information being gathered, for example, to provide background information that will
support service provision through MAX Help):
________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 6 of 9
Client Acknowledgement:

I [Client Name] have read and had explained to me the purpose of this document and:
• I understand the intent of the information being sought.
• I understand that I have the right to access the information collected about me except
where legal reasons prevent the sharing for information.
• I understand that although I am not obliged to provide all information requested of
me, however failure to share this information will restrict MAX Help’s ability to meet my
needs
• I understand that where my information may be required for purposes other than that
listed above, my further consent will be sought.
Date: / / Your Signature:

Date: / /
MAX Help Employee Name:
Employee Signature

Privacy Statement:
All information held by MAX Help is subject to the Privacy Act 1988 for collection, storage and
sharing of information. Refer to the MAX Help Privacy and Confidentiality Policy and Procedure for
further information on our measures when protecting client information.

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 7 of 9
 MAX Help Consent for Disclosure
(Consent to share Client information)

Information held about you by MAX Help will include your:

• Full Name
• Address
• Date of Birth
• Emergency contact and next of Kin details
• Occupation
• Medicare Number
• Pensioner or Health Care Card Details
• Transaction details and information associated with payments
• Additional information as disclosed by yourself
• Case notes and information collected through from referring agents
• Individualised or care plan including medical and social history.

Information is collected to ensure that services offered to clients meet individual needs when
providing holistic care.

Client Declaration:

I [Client Name]
of:
[Client Address]
Provide my consent for MAX Help to share relevant information as held on my client records with
[Organisation receiving your information] for the following purpose: (Detail the intent
behind the information being shared, for example, to access other services):
________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 8 of 9
Client Acknowledgement:

I [Client Name] have read and had explained to me the purpose of this document and:
• I understand the intent of the information being shared.
• I understand that I have the right to access the information collected about me except
where legal reasons prevent the sharing for information.
• I understand that although I am not obliged to provide all information requested of
me, however failure to share this information will restrict the providing organisation’s
ability to meet my needs
• I understand that where my information may be required for purposes other than that
listed above, my further consent will be sought.
Date: / / Your Signature:

Date: / /
MAX Help Employee Name:
Employee Signature

Privacy Statement:
All information held by MAX Help is subject to the Privacy Act 1988 for collection, storage and
sharing of information. Refer to the MAX Help Privacy and Confidentiality Policy and Procedure for
further information on our measures when protecting client information.

Learner Resource Only. Simulated Business for MAX Solutions RTO 0667

MAX Help Privacy and Confidentiality Policy and Procedure V1 07/06/2021 Page 9 of 9