Emmy Monash is committed to ensuring the privacy of resident’s information in line with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Clth) Australian Privacy Principles (Health Guidelines) – Privacy Act 1988 Privacy Amendment (Private Sector) Act 2000. It is therefore incumbent on staff not to divulge confidential information about the residents, staff or facility.
Information You Provide Us
Emmy Monash collects information when an individual accessing our services or supporting our work provides us with their personal details. We will not use your personal information for any other purpose that is not related to the service or purpose for which it was intended or for any other purpose for which you would not reasonably expect us to use it. With your approval, we will offer you regular communication services to keep you up to date with relevant events and opportunities to further support our work. Information we collect is kept on a secure database.
Where information is collected on prospective residents, its main purpose is to process applications for residency, to assess the level of medical care appropriate to prospective residents’ needs, and to make decisions about the level of funding that the Home will be entitled to receive in respect to this person.
Opt Out Facility
Members, donors and supporters can opt out of one or all of our services at any time by contacting our Privacy Officer by mail, e-mail, phone or fax. All Emmy Monash communications – by fax, e-mail or mail-out – will give the recipient the option of not receiving further communications of this nature.
Disclosure of Information
Our organisation may from time to time, disclose some personal information provided by residents to the Commonwealth or the State or its agencies. This will be done in accordance with the provisions of the Aged Care Act or other relevant law and will be done for the purpose of informing decisions about funding and medical care. The Commonwealth and State Governments are also subject to laws dealing with privacy and have their own policies that are designed to safeguard your personal information.
Emmy Monash does not give any outside organisations access to our resident or membership or supporter database. We will not sell or disclose your personal information to any individual or entity outside the Home. We may release information about you where there is a duty to the public to disclose that information, where we are required to by law or where the interests of the Home or the resident require disclosure.
Emmy Monash will only disclose personal information relating to the resident if:
- the individual has consented to the use or disclosure or unless required to release information to a Commonwealth or State agency.
- Emmy Monash reasonably believes that the use or disclosure is necessary to lessen or prevent:
- A serious and imminent threat to an individual’s life, health or safety; or
- A serious threat to public health or public safety;
Access to Information
Residents, members, donors and supporters may have access to their own contact details and may update these details at any time. You may have access to any of your personal information we hold.
It should be noted however there are some limited instances when access to personal information may not be provided due to the sensitive nature of such information, reasons why access will not be provided will be discussed with the individual parties seeking access.
It is the policy of our organisation that all requests for access be made in writing. Our Privacy Officer will arrange for an Access to Information Form to be sent to you and can assist with any enquiries you may have about the process. You can request access to this information by contacting the Privacy Officer by phone on (03) 8508 9300 or by writing to:
Emmy Monash Aged Care,
518 – 526 Dandenong Road,
NORTH CAULFIELD, VIC. 3161.
The process (in keeping with the Health Records Act 2002), is as follows
- The person makes a request to the Privacy Officer for an Access to Information Form to be sent
- The Privacy Officer takes reasonable steps to be satisfied about the person’s right to have access to this information and responds as soon as is practicable but no later than 45 days from the date of receipt of the request.
- Before giving access the Privacy Officer reviews the information and does not give access if the “serious threat to life or health” or the information given in confidence’ provisions apply. If access to information is being denied in full or in part, the individual is advised in writing of the grounds for the refusal within 45 days of receiving the request.
- If the individual has requested access in the form of inspection of the information with no explanation of the contents, then access is to be given by making an appointment for the individual to inspect the documents. They should be given the opportunity to take notes. Such inspection will be supervised.
- If the individual has requested access in the form of a copy of the information, then a copy must be provided at the applicant’s expense.
- If the individual has requested access in the form of viewing the information accompanied by an explanation by a health service provider, then access must be provided by making an appointment with both the individual and health service provider.
If you are concerned that our organisation may have handled your personal information inappropriately please contact our Privacy Officer (details above). Our organisation will respond to all requests to access within 45 days.
How to make a complaint
If you wish to make a complaint about the way we have managed your Personal Information you may make that complaint verbally or in writing by setting out the details of your complaint to any of the following:
(a) Our Privacy Officer
Email:info@emmymonash. Alternatively, complaints may also be referred to a number of services as set out below:
(b) Australian Information Commissioner
The Australian Information Commissioner receives complaints under the Act. Complaints can be made: Online: http://www.oaic.gov.au/privacy/making-a-privacy-complaint
By phone: on 1300 363 992 By fax: on +61 2 9284 9666
In writing: Address your letter to the Australian Information Commissioner at the:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
(c) Aged Care Complaints Scheme
The Aged Care Complaints Scheme operates within the Department of Social Services receives complaints under the Act. Complaints can be made:
Online: http://www.agedcarecomplaints.govspace.gov.au/concern By phone: on 1800 550 552.
If you need an interpreter you can phone the Translating and Interpretation Service on 131 450 and ask them to put you through to the Aged Care Complaints Scheme on 1800 500 552.
For hearing or speech impaired TTY users phone 1800 555 677 then ask for 1800 550 552.
For Speak and Listen users phone 1800 555 727 then ask for 1800 550 552.
For Internet relay users connect to https://www.iprelay.com.au/call/index.aspx and enter 1800 550 552.
Address your letter to the Aged Care Complaints Scheme at the:
Australian Department of Social Services
GPO Box 9848
How we will deal with your complaint
The complaint will be investigated by us in accordance with our internal procedures and processes.
The complainant may be invited to participate in a conference by the staff member conducting the investigation. At the discretion of the Chief Executive Officer other interested parties may also be invited to participate in the conference to discuss the nature of the complaint and attempt to resolve it. This may include the presence or participation of a support person or advocate for the complainant.
The complainant will be provided with a response to their complaint within a reasonable timeframe after completion of any investigation. This response will be in writing and will include the outcome of the investigation, any proposed action and details of the right to lodge a complaint with any relevant external organisations.
We have appointed a Privacy Officer to manage and administer all matters relating to protecting the privacy of individual’s Personal Information.
The Privacy Officer can be contacted if any relevant person wishes to obtain more information about any aspect of this policy or about the way in which we operate to protect the privacy of individual’s Personal Information.