PRIVACY and CONFIDENTIALITY

Section 2 – Procedure 2

Date of Issue: January 2013 Date of Review: January 2015

Commitment BINSA is committed to ensuring services enhance the dignity, privacy and human worth of clients.

BINSA is respectful of the rights to privacy, dignity and confidentiality. Each person has a right to receive assistance from BINSA in a manner which respects these rights.

Practice

This is reflected in BINSA work practices:

• All meetings and discussions are confidential • All staff, volunteers and contractors are required to read and sign a Confidentiality Agreement

and Code of Ethics, Conduct and Conflict of Interests Agreement \FORMS\Form 01 - New Staff Forms. Nos 1.1 and 1.2

• Personal issues and information will not be discussed inside or outside BINSA without the informed consent of the client/participant

• Consent is required before information about those assisted is provided to other agencies • Discussion will be limited to the information necessary for obtaining services required by the

person concerned or to improve the services being provided • Personal information will be released without consent only where the person is in danger, in

emergency situations or where the law requires it e.g. in child abuse • The reasons for releasing information to an agency or individual will be explained to the person • The person or their nominee on request may access written records about advocacy action

taken by BINSA in support of, or on behalf of a person • People have a right to correct any details in their records • Information and correspondence is kept in locked filing cabinets. Electronic records are

password protected • Information cannot be removed from BINSA office without express permission of Executive

Officer (EO) or Chairperson • The only people authorised to view the information are the staff member or members of BINSA

dealing directly with the person and their supervisor • Where information held by BINSA is no longer required to be held, and retention is not required

by law, BINSA will destroy all records in a way that maintains confidentiality as per statutory regulations

• Information that is available to the public through BINSA’s representation in issues will not include names or addresses, or information that is identifying

• Any videos, or audio, or photographic materials are made specifically for the purposes of recording progress and for use as a training tool for staff and volunteers who may be assisting clients/participants to achieve their therapy goals. These recordings will not be used as advertising or promotional material without the informed consent of the individual concerned.

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Privacy and Personal Care

Many BINSA clients may require a great deal of physical assistance with their personal care. Careful consideration must be given to how the support is offered and who offers the support to ensure participants’ rights are respected.

BINSA will ensure that each client’s right to privacy, respect and safety in relation to personal care is maintained at all times.

BINSA recognises the vulnerability of the individuals we support and the following guidelines have been developed to minimise the potential for abuse.

Staff will consider carefully the personal care need of each client and in particular the gender issues associated with personal care:

• Where possible, clients are to be assisted by a person of the same gender, and in consultation with the client

• Only staff trained in manual handling and privacy requirements will provide personal care to participants

• To ensure physical privacy when supporting a client with personal care, doors are closed and no other person is present except if required for assistance

• In order to ensure modesty, towels and robes are readily available and within reach so they can be used to shield a client whilst supporting them

• Staff will not talk publicly about clients’ personal care and should only pass on information to others, which is essential to meeting the clients’ needs

• Support staff will model modesty and teach clients how to maintain privacy.

National Police Certificates All BINSA paid staff and volunteers are required to provide a National Police Certificate (NPC).

Paid staff members are required to provide a current NPC for sighting by their supervisor. The cost for this will be met under their terms of employment.

Volunteers can obtain their NPC free of charge using the process provided by the South Australian Government, as advised by the current relevant Fact Sheet of the Office for Volunteers.

BINSA is not permitted to retain a copy of the NPC, but must document that it has been sighted, using Form G:\New Staff Forms\Form 2 - National Police Certificate sighted.doc.

A National Police Certificate will be required to be renewed every three years for continuing volunteers and staff.

Staff Confidentiality Policy

This policy applies to employees both paid and voluntary who work to support people who have an acquired brain injury. The terms “staff” and “employees” have been used within this document and include staff, self-employed contractors, COM members, volunteers and students on work placement.

Employees are required during and after the end of their contract (unless expressly authorised in writing by BINSA) not to disclose to any other person or organisation or make use of any

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information which is confidential to BINSA and to which they have had access in the course of their employment.

Information of a confidential nature covers current or future organisational or project interests, methodology or affairs of BINSA or of any person or entity with which it may deal and includes (but not be limited to) matters of an operational nature, membership, intellectual property, future planning projects, marketing or accounting procedure, financial, funding or marketing information, tender information, cost structures and any other information which may become known to them during the term of or the contract.

A proven breach of confidentiality will result in disciplinary action (which may include instant dismissal). RELEVANT LINKS

• Standard Operating procedures (SOPs) – N/A • Operational Instructions (OI) – N/A • Forms (F)

Form 00 BINSA Confidentiality Agreement ..\..\..\..\Policies & procedures\Forms\Form 00 - BINSA Confidentiality Agreement.doc Form 01 BINSA Code of Ethics, Conduct and Conflict of Interest Agreement ..\..\..\..\Policies & procedures\Forms\Form 01 - BINSA Code of Ethics, Conduct and Conflict of Interest Agreement.doc Form 28 National Criminal History Record Check Summary ..\..\..\..\Policies & procedures\Forms\Form 28 - National Criminal History Record Check summary.doc