Capability Support provides support to people in the community with personalisation, flexibility and professionalism.
| Policy Number | CAP002 |
|---|---|
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Version |
1.0 |
|
Created By
|
Director – Operations |
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Approved By
|
Board of Directors
|
|
Review Date
|
08/08/2023
|
Capital Capability Support (Capability) is a provider of services to people living in the community. The nature of the services provided means that clients’ privacy must be a primary consideration of all employees and stakeholders. Capability is committed to protecting your privacy and the confidentiality of personal information we already hold, or will collect and hold, about you.
This policy applies to:
Privacy Officer is the Capability employee whose role is to:
You and your refer to the individual whose information we collect and hold for operational purposes. This can include but is not limited to:
This Privacy Policy outlines how we manage, store, correct and share your personal information. It
provides a mechanism for affected parties to inquire or complain about how their personal
information is stored, used or shared with relevant organisations.
This policy is kept up to date to ensure its ongoing compliance with the APPs and is available for all
stakeholders at www.capabilitysupport.com.au/privacy-policy
Capability recognises that some people would prefer to keep their identity a secret or to deal with us under a pseudonym. We provide the opportunity to remain anonymous or operate under an assumed name, except where it is not practical to do so.
Where you request anonymity or decline to consent to provide the information we request, Capability may not be able to supply you with all services you require. Complaints and feedback can always be left anonymously or pseudonymously; however, this may limit our ability to reply and the efficacy of our investigations into the complaint or feedback.
The personal information that Capability requests from you will depend on the type of relationship you have with us. Common relationships include as a client, employee, contractor or carer. Capability aims to collect personal information directly from you. If you are unable to provide the requested information, we may collect the information from another person who has legal responsibility or advocates on your behalf.
Where you request anonymity or decline to consent to providing the information we request, Capability may not be able to supply you with all services you require. Complaints and feedback can always be left anonymously or pseudonymously; however this may limit our ability to reply and the efficacy of our investigations into the complaint or feedback.
Capability can also collect personal information from a third party or a publicly available source. We would only take this approach:
Capability only collects personal information for the provision of services and supports, operating our business, responding to enquiries and administration of stakeholders’ accounts.
We may also collect personal information as part of our communications with you. Records of
emails, phone calls or business card information may be stored in our contact history.
The information we collect includes name, address, emergency contact details, cultural background, medical and disability information, behaviour management strategies, personal care information and other necessary information to ensure the health, safety and wellbeing of our employees and clients.
Capability will only collect sensitive information:
Capability will not sell or otherwise give away any information we collect.
There are some circumstances where we receive personal information that we have not asked for (unsolicited information). Upon receipt of such information, Capability will determine whether our Privacy Policy would allow us to have collected the information from the person if we had asked.
Where unsolicited personal information is received, we will determine if the information is
necessary to the continuing relationship. If the information is deemed not necessary, it will be
destroyed or de-identified within a reasonable timeframe.
Before or at the time of the collection of personal information, we will take steps to make sure you are aware why the information is required, what it will be used for, and of how you can access our Privacy Policy. In the event this notification is impractical, we will inform you as soon as possible after collecting the information.
Forms or websites collecting personal information will include a footnote outlining Capability’s conformity with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Standard text for new collection forms is:
Capital Capability Support adheres to the Australian Privacy Principles (2012) and
has a Privacy Policy in place to keep your information safe. Personal information
collected or received will be used, stored and disposed of in compliance with the
Privacy Act 1988 (Cth) and associated Australian Privacy Principles. Our Privacy
Statement and up to date Privacy Policy is available online at
www.capabilitysupport.com.au/privacy-policy
Capability will only hold personal information for the primary purpose it was given to us. Use of
personal information will only occur within our standard operations and will not be used for a secondary purpose unless:
Personal information will only be shared on a needs-to-know basis. Capability has information
barriers in place which restrict staff from accessing information that is not relevant to their role or level of experience.
Requests for disclosure of personal information to a third party should be made to
[email protected].
We will only disclose personal information for a particular purpose provided your consent is first obtained or you would reasonably expect disclosure for that purpose. Consent received under this section should be express (i.e. written) and freely given with full information as to the intended purpose of the disclosure.
On receipt of request for third party disclosure of personal information, we will provide
acknowledgement of the request within 48 hours. Where possible, we will aim to provide an
expected timeframe for providing the requested information or explain why this request will not be approved.
Capability may impose a fee to cover costs of photocopying or file extraction dependent on the volume required and ease of access to the data. Any fees imposed will be done on a cost basis
This policy prohibits the disclosure of personal information in direct marketing, except with your
express consent.
You can unsubscribe from direct marketing at any time by emailing
[email protected] or contacting the Privacy Officer.
You can revoke your consent to be featured (your personal information or images) by contacting the Privacy Officer.
If we disclose personal information to any overseas recipient, the overseas recipient must comply with the terms of the Australian Privacy Principles.
Capability has a strong focus on ensuring your data is kept in Australia and has strong data
sovereignty policies in place to ensure personal information is not inadvertently shared with
overseas recipients.
We will only share with overseas recipients where:
Capability does not use your government identifiers (e.g. Medicare number, Tax File Number, NDIS number etc.) as its internal identifier. We will not disclose your government identifier unless:
Capability recognises that handling poor quality personal information can have significant privacy impacts for individuals. We take reasonable steps to ensure that the personal information that we collect, store and use is accurate, up-to-date and complete.
Capability takes maintenance of your personal data seriously and updates personal information within a reasonable timeframe of being advised details have changed, or are incorrect
Personal information we hold is stored so that it cannot be misused, interfered with or lost. Access control is in place across all systems to ensure only authorised people can access, modify or disclose your personal information.
These steps include security access to our IT network with 2 Factor Authentication (2FA), including databases and digital file locations. Capability also secures paper-based files containing personal information in locked cabinets or locked offices with physical access restrictions. More detail on information security can be found in our policy documents:
Capability we give you access to your personal information unless there is a reason under the Privacy Act or any other law not to give access to the information. Grounds for restricting access to your data are:
Other than requests for disclosure to a third party, request for access should be referred by
employees to their manager. In the case of release to third parties, the Privacy Officer must approve any release. Responses to a request for access will be provided within a reasonable time frame, determined by the extent of information to be accessed, and will give access in a way that meets both its needs and those of the individual, including the use of a mutually agreed intermediary.
Documents may be provided to your representative(s), provided that the person’s authority to act as agent or authorised representative is verified, for example, where the representative is:
Prior to providing an individual or their representative with access to their personal information,
assessment should be made as to possible breach of privacy for any other individual, or all other names or alternative identifying information should be redacted from the data prior to access.
There is no fee for access to personal information but we may impose a costs-only fee for photocopying or file extraction.
If we are unable to provide access to the information in the way requested by you, we will take steps to give access in a way that meets everyone’s needs.
Capability will advise you in writing of the reason/s why we have declined a request for access if this is the case.
Further advice or information can be obtained from the Australian Information Commissioner by calling 1300 363 992 or by email: [email protected]
Capability will correct personal information that we hold if:
When asked to correct personal information, we will respond to the request in a reasonable time. There are no fees or charges for correcting personal information.
If we refuse or are unable to comply with a request to correct personal information, we will give you written notice advising why we are unable to comply with the request
The Privacy Act does not apply to employee records if they are used purely for employment-related purposes. This includes records of employee engagement, health, training, disciplining, termination, performance, conduct work hours, salary, trade union memberships and leave records.
The information gathered during recruitment processes are not covered by the employee record exemption and are covered by the principles of this policy.
Regardless of this exemption, we treat employee records in the same way as we deal with any other private information as covered by this document, except for access to confidential performance related records.
The Privacy Act does not specify an age after which individuals can make their own privacy decisions. Capability will determine on a case-by-case basis whether an individual under the age of 18 has the capacity to consent.
We will assess a child’s capacity to consent based on whether they have sufficient understanding and maturity to understand what is being proposed. In some circumstances, it may be appropriate for a parent or guardian to consent on behalf of a young person, for example, if the child is young or lacks the maturity or understanding to do so themselves.
Notwithstanding the above, an individual aged under 15 is presumed not to have capacity to consent and we will take additional steps to confirm capacity.
Any project that involves the collection, handling, storage or sharing of information should be
subject to a privacy impact assessment before any substantive work is completed. Privacy impact assessments demonstrate to the Board of Directors:
If you have a complaint in relation to privacy, it should be made in writing, directed to, Privacy
Officer via [email protected].
You should expect an acknowledgement within 48 hours of the complaint or concern being received and you will be advised of how your complaint or concern will be dealt with.
Your complaint or concern will be investigated by the Privacy Officer in consultation with the senior management team. You will receive written advice within 28 days of our response to your concern or complaint, or advice if further information is required.
If the response is not acceptable to you, we may suggest conciliation or arbitration on the matter.
You may also make a formal complaint to the Australian Information Commissioner by calling 1300 363 992 or by email: [email protected].
CAP029 – Computer Usage Policy
CAP022 – Use of Phones
CAP010 – Privacy, Confidentiality and Dignity
Capital Capability Support
[email protected]
ABN 63 668 733 220
www.capabilitysupport.com.au
| Date | Version | Revision Description |
|---|---|---|
|
13/07/2023 |
DRAFT |
Created Policy/Procedure |
|
04/03/2023 |
1.0 |
Approved by Board of Directors |
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To ensure we have the best team and are constantly improving, we ensure staff meet specific pre-screening requirements such as appropriate qualifications, pass comprehensive background checks, and extensive training and supervision in their roles. Capability has a very firm Supervision Framework to empower and develop Staff Members to deliver high-quality support services. All Staff Members have customised supervision and individual development plans to ensure continuous improvement at Capability.
Every Capability Support staff member undertakes an extensive induction session with the Directors and Management, guiding the importance of our core values and missions and setting clear expectations.
Capability’s team have extensive industry experience in Community Services. Their collective experience inspired the beginning of Capability Support with the fundamental ethos that we can do better for the community.