Privacy Policy
SML Disability Health Services is committed to respecting the privacy and confidentiality of all participants. It is important to note immediately, that there are laws the explain how to use, and keep personal information in the right way;
– The Australian Privacy Act 1988,
– The Victorian Health Records Act 2001,
– The Victorian Privacy & Data Protection Act 2014.
The Australian Privacy Principles (APP’s) and the Health Privacy Principles (HPP’s) are a part of these laws. SML Disability Health Services respects all participant rights, privacy and confidentiality, and any information will be collected, maintained, and used in accordance with these principles and laws. We collect your relevant information so we can; Plan, deliver, and manage the services and supports you need, and, Share the correct information about your plans and funding with:
– Government departments (inclusive of the National Disability Insurance Agency [NDIA]),
– Service Providers, including Plan Management Providers who are delivering support services as outlined in your National Disability Insurance Scheme (NDIS) Plan.
It’s important that we work closely with you to collect this information, especially via; The provision of support services to you, Information recorded at meetings we may have with you, Documentation that you complete, and, Your NDIS Plan, as provided by you. You can contact SML Disability Health Services and ask to us to access your relevant information at any time, and, provide any changes that you believe need to be made to the information recorded, held by us. We will keep your information secured both physically, and electronically, through the use of safe’s, lock and key, passwords/passcodes, 2FA etc.
You Are Entitled To Contact Us Directly, Or These Commissions To Make A Complaint, Or Report A Breach.
SML Disability Health Services
Email: info@fairgoaccess.com
The Office Of The Australian Information Commissioner (OAIC)
Address: GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992 Email: enquiries@oaic.gov.au
The Victorian Disability Services Commissioner
Address: Level 30, 570 Bourke Street, Melbourne VIC 3000
Phone: 1800 677 342 Email: complaints@odsc.vic.gov.au
Your Right To Nominate An Advocate
SML Disability Health Services is committed to informing individuals of their rights. You have a right to advocacy services and we’d like to outline the information available about advocates, their roles, and advocacy as a whole.
What Is An Advocate & Who Can Be An One?
An advocate works to support and empower individuals, assisting them to self-advocate where possible. An advocate may provide information and advice in order to assist an individual to take action to resolve their own concerns, or, may take a more active role in representing the individual’s rights to another individual or organisation. An advocate can be a family member, primary carer, legal representative, trusted friend, or someone from an agency that provides advocacy services.
Why Would You Use An Advocate?
An advocate can assist an individual who has difficulty exercising their right to make decisions that are best for them. In this way, an advocate can ensure that your rights are upheld, and that you are not disadvantaged due to disability, age, culture or linguistical diversity. You have a right to utilise an advocate of your choice to act on your behalf at any time.
When Can You Use An Advocate?
Whilst many people can successfully advocate on their own behalf, there are some individuals who may experience difficulty speaking up for themselves. An advocate supports individuals with disability by: Promoting their independence, and social and economic participation, Promoting choice and control in the pursuit of their goals, and the planning and delivery of their service/s, and, Maximising independent lifestyles of people with disability and their full inclusion in the mainstream community (National Disability Insurance Scheme Act 2013).
Who Can Provide You With An Advocacy Service?
Action On Disability Within Ethnic Communities Resource Council (ADEC)
Address: 175 Plenty Rd, Preston VIC 3072
Phone: (03) 9480 7000
Toll Free: 1800 626 078
Fax: (03) 94890 3444
Email: info@adc.org.au
Barwon Disability Resource Council (ASSERT-4-ALL)
Address: 48 McKillop St, Geelong VIC 3220
Phone: (03) 5221 8011
Fax: (03) 5229 5665
Email: info@bdrc.org.au
Elder Rights Advocacy (ERA)
Address: Suite 4, Level 8
167 Queen St, Melbourne VIC 3000
Phone: 1800 700 600
(03) 9602 3066
Email: era@era.asn.au
Victorian Advocacy League For Individuals With Disability (VALID)
Address: 235 Napier St, Fitzroy VIC 3065
Phone: (03) 9416 4003
Free Call: 1800 655 570 (Rural VIC Only)
Fax: (03) 9416 0850
Email: office@valid.org.au
Villamanta Disability Rights Legal Service (Deakin University, Waurn Ponds Campus)
Address: Building 1B, Level 3
765 Pidgons Rd, Waurn Ponds VIC 3216
Free Call: 5227 3338
1800 014 111 (Legal Issues Only)
TTY: (03) 133 677, Then Ask For (03) 5227 3388
Email: legal@villamanta.org.au
National Relay Service
Address: Level 2, 10 Mallett St, Camperdown NSW 2050
TTY: 1800 555 630 (Free)
Free Call: 1800 555 600
SMS: 0418 001 350
Email: helpdesk@relayservice.com.au
Victorian Department Of Health And Human Services
Interstate/International Phone: (+61 03) 9096 0000
Local Phone: 1300 650 172
TTY: (03) 133 677, Then Ask For 1300 650 172
Rights Information And Advocacy Centre (RIAC)
Address: 11/23-31 Gheringhap St, Geelong VIC 3216
Additional Offices Found In Shepparton, Mildura, Bendigo & West Wimmera.
Phone: 5222 5499
Email: enquiry@riac.org.au
Website: www.riac.org.au
Your Right To Feedback
Feedback Is Essential! SML Disability Health Services is committed to continual improvement across all areas of our service provision. Feedback from our participants is essential in providing continual improvement. The detail and information we receive gives us the opportunity to improve. We want our participants to know that we welcome their feedback about our services and the way our staff provide these services. We welcome any positive feedback or compliments, as well as any/all negative feedback or complaints. It’s with constructive feedback that we can continue to grow.
Compliments And Suggestions: Compliments and suggestions give us a chance to reflect on what we do well, what we could improve upon, and similarly, look behind the scenes to examine what contributed to the circumstances that led to the compliment or suggestion.
Complaints: Complaints give us the chance to critically assess our policies and procedures. We don’t just seek to resolve the specifics of the complaint, we analyse the broader organisational factors which may have contributed to the circumstances that gave rise to the complaint. In both instances we try to incorporate the lessons in a systematic manner into the way we do business and support our commitment to continual improvement across all areas of out service provision. SML Disability Health Services has a detailed Complaints And Appeals Policy And Procedure, which outlines the way we receive and handle complaints. The key features are: You have a right to complain, We will respect your complaint and will respond to it, Complaints are valued, You complaint will be considered with fairness, respect and transparency, and, We will respect your privacy at all times during the complaints management process. There are several options available to you to make give feedback, to make a complaint, or a compliment/suggestion. Email us at; info@fairgoaccess.com
The Victorian Disability Services Commissioner
Address: Level 30, 570 Bourke Street,
Melbourne VIC 3000
Phone: 1800 677 342
Email: complaints@odsc.vic.gov.au
Complaints Form:
https://odsc.vic.gov.au/making-a-complaint/how-to-make-a-complaint/
NDIS Quality And Safeguards Commission
TTY: 133 677 (Interpreters Can Be Arranged)
Phone: 1800 035 544
Email: contactcentre@ndiscommission.gov.au
Complaint Form:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=PRD00-OCF
Participant Rights and Responsibilities
1. The Policy Statement: SML Disability Health Services will work with participants and workers to develop and maintain a relationship of mutual respect and co-operation to ensure a safe environment where wellbeing and rights, both legal and human are upheld, supported and promoted.
2. The Purpose Of Policy: To provide clear direction to: Workers regarding the framework around promoting and upholding participants rights and wellbeing, Participants regarding the framework around promoting and upholding participant rights and wellbeing, Workers and participants around responsibilities, and, Support SML Disability Health Services’ alignment with the following compliance obligations, standards and frameworks:
|
Quality Framework |
Program |
Quality Framework Elements (Standards, KPI’s, Criteria etc.) |
|
Aged Care Quality Standards (2018) |
Residential And Community |
Dignity and choice, assessment and planning, personal and clinical care, services and supports, service environment, feedback and complaints, human resources, organisational governance.
|
|
Child Safety Standards (2015) |
All Programs Delivering Services To Participants Under The Age Of 18 |
Strategies to embed an organisational culture of child safety, A child safety policy/child safety statement. A code of conduct that establishes clear expectations for Screening, supervision, training and other human resource practices that reduce the risk of child abuse by new or Processes for responding to and reporting suspected Strategies to identify and reduce or remove the risks of Strategies to promote the participation and empowerment
|
|
Department Of Health And Human Services Standards (2015) |
DHHS Funded Disability Services |
Empowerment Access & Engagement Wellbeing Participation
|
|
Jobactive Quality Principles (2015) |
Employment Services (Jobactive) |
Governance Leadership Staff Participants Labour Market, Employers & Community Operational Effectiveness Continual Improvement
|
|
National Disability Insurance Scheme Practice Standards (2018)
|
NDIS Funded Supports |
Rights & Responsibilities Provider Governance & Operational Management Provision Of Supports |
|
National Standards For Mental Health Services (2010) |
Mental Health Services (Non-NDIS |
Rights & Responsibilities Safety Consumer & Carer Participation Diversity Responsiveness Promotion & Prevention Consumers Carers Provider Governance & Operational Management Integration Delivery Of Care
|
|
National Standards For Disability Services (2013) |
Employment Services (DES) |
Rights Participations Individual Outcomes Feedback & Complaints Service Access Service Management
|
|
Standards For Registered Training Organisations (RTO’s) (2015) |
Registered Training Organisation |
Quality Assured Operations Accurate RTO Information Availability (Learners Especially) Effective Governance Arrangements RTO Compliance (Legislative & Regulatory Requirements) |
3. The Scope: This policy applies to: SML Disability Health Services (Including Fair Go-Access Support Services and Heal And Soul Health), All Participants, and, All Workers.
4. The Policy
4a. The Philosophy: The philosophy of this policy is defined in SML Disability Health Services’ vision, mission and guiding principles, all of which encompass the values of empowerment, integrity and respect. SML Disability Health Services has a zero tolerance of abuse and neglect and will take all practical and appropriate steps to identify, mitigate and manage risks and prevent the abuse and neglect of participants.
There is recognition that certain participants are particularly vulnerable, and the organisation acknowledges its responsibility for the duty of care for all participants. As a ‘child safe’ organisation, SML Disability Health Services recognises that children and young people, particularly those with a disability, are at greater risk of harm and has in place supports and systems to ensure their wellbeing is promoted and rights upheld.”
Families, carers and advocates also play an important role in safeguarding and upholding the rights of participants. Depending on the authority provided by the participant to the advocate, advocates can expect SML Disability Health Services workers to liase with them in a professional and co-operative manner in line with this policy. Advocates are expected to acknowledge and abide by the responsibilities as outlined in “Participants Responsibilities (4d.)”.
SML Disability Health Services adheres to open disclosure and includes participants in open discussion when things go wrong and any harm or potential for harm has occurred. SML Disability Health Services does this to ensure issues can be addressed, participants can be supported and SML Disability Health Services can learn, improving the support and service for participants.
4b. Safeguarding Participants: We will ensure a safe environment where the wellbeing, legal, and human rights of participants are upheld, supported and promoted;
– Ensure participants are fully made aware of their rights and responsibilities prior to, and throughout, service delivery,
– Assist participants to understand and access information regarding all their rights (legal and human),
– Support participants to access feedback and complaint mechanisms, both internally and externally,
– Ensure workers are aware of participant rights and responsibilities, with clear guidelines on management of allegations of abuse and neglect, including reporting and investigation,
– Provide workers who have legal mandatory reporting obligations with specific guidance and instruction to support them fulfilling those professional obligations,
– Confirm that all mandatory reporting obligations (such as Child Abuse) are fulfilled,
Notify the Police via 000 in all circumstances where the immediate physical safety of the participant is at risk.
4c. Participant Rights:
4c1. Safe Environments. Participants have the right to receive services, delivered in ways that protects and promotes their physical, psychological, and cultural wellbeing. A participants human rights shall be protected and promoted to ensure participants are free from discrimination/harassment, exploitation/coercion, abuse/neglect, and, violence/preventable harm.
4c2. Treated Individually. Participants have the right to be treated in ways that foster and encourage independence, dignity, and ways that value their status as human beings. Personal circumstances and opinions such as age, race, colour, ability, gender, sexual orientation, religion, culture, political opinion, nationality or social origin will be respected, valued and supported.
4c3. Clear Accessibility. Participants have a right to information provided in accessible formats and/or languages as required. Access to services, and participant eligibility, will be transparent. Participants can have access to all information about themselves, including information pertaining to their rights, care and services. Services will, wherever possible, be delivered from premises that are physically accessible.
4c4. Exercise Choice/s. Participants have the right to, and are encouraged to, be actively involved, and take control in making informed decisions affecting them to promote choice and control, dignity of risk, and self-determination. Participants have the right to be listened to and understood, and can exercise their rights without any adverse effect in the way they are treated.
4c5. Feedback, Complaint And Allegations. Participants have the right to, and are encouraged to, give positive and negative feedback and will be free from reprisals. SML Disability Health Services takes all feedback seriously. Participants will be informed of bodies they can give feedback to outside of SML Disability Health Services. SML Disability Health Services commits to open disclosure when something goes wrong and will work in partnership with participants to learn and continuously improve.
4c6. Privacy And Confidentiality. Participants have the right to their personal information being held securely and used only for the purpose for which it was collected. SML Disability Health Services will treat personal information respectfully and seek consent from participants prior to the disclosure of information to third parties (except where disclosure is required by law).
4c7. High Quality Services. Participants have the right to receive person centred and integrated services. Contracts/plans/goals are reviewed at times agreed with the participant. Services will be provided as flexibly as possible.
4c8. Advocacy. Participants are encouraged to select an advocate of their choice for representation, support and/or speaking on their behalf. SML Disability Health Services will provide information regarding advocacy support agencies to participants.
4d. Participants Responsibilities
4d1. Treat Others With Respect. Participants are expected to treat other participants and workers with respect and allow others to pursue their goals freely.
4d2. Treat SML Disability Health Services’ Property With Respect. Participants are expected to respect SML Disability Health Services’ facilities, property and equipment, and use facilities and equipment for their intended purpose.
4d3. Follow Agreements/Contracts. Participants are expected to attend scheduled appointments and actively participate in agreed plans (where possible).
4d4. Behave In A Safe Manner. Participants are expected to take reasonable care for their own safety and to not adversely affect the health and safety of others. Participants have a responsibility to communicate with SML Disability Health Services any safety concerns.
4d5. Co-Operate With Reasonable Instruction. Participants are expected to co-operate with any reasonable instruction, so far as they are reasonably able. Rights and responsibilities as defined in legislation and contractual arrangements will always prevail.
4e. Allegations Of Abuse: Workers are obligated to report behaviour by other individuals that they consider unethical and in breach of this policy to SML Disability Health Services. Workers employed by SML Disability Health Services are provided with clear guidelines on how to deal with allegations of abuse and neglect including reporting, investigation, management and ensuring all external reporting obligations are made clear to workers and are fulfilled. Procedures and processes including the Incident Management Framework are designed to facilitate the reporting and management of allegations of abuse and neglect.
Workers who have legal mandatory reporting obligations are provided with specific guidance and instruction to support them fulfilling those professional obligations and responsibilities. Participant and worker breaches of this policy will be managed, reported (where applicable), and investigated according to the severity of the breach. In all cases, SML Disability Health Services will work with participants and/or their advocate where applicable to ensure a mutually beneficial outcome.
In situations where participant policy breach investigations result in changes to service delivery (for example, services temporarily withdrawn, suspended, modifier or limited), changes must be applied flexibly, and for as little times as possible. In situations where it is deemed necessary to restrict the rights or freedoms (such as freedom of movement) for people with a disability, the least restrictive alternative is applied only when necessary and for as little time as possible. Processes and strategies are in place to review and monitor restrictions, and where applicable, reporting such restrictions or interventions. All mandatory and contractual requirements and reporting obligations in relation to abuse, harm and neglect of participants will be adhered to.
5. Responsibility: It is our responsibility to uphold this policy, to foster an environment of mutual respect and co-operation, promote participant rights and to empower the wider community. We will oversee and co-ordinate investigations into reports of breaches of participant rights, and, update this policy as necessary (in line with legislative and contractual obligations). We uphold this policy to ensure that participants are made aware of, and where appropriate, understand their rights and responsibilities at various stages through their interactions with SML Disability Health Services, to ensure staff and volunteers are trained and well-informed regarding participant rights and how SML Disability Health Services supports these rights, and, breaches of participant rights are reported to the appropriate authority or funding body. We will encourage and facilitate participants to exercise their rights, protect participant rights, and, report suspected breaches of participant rights.
6. Legislation & Related References:
– Age Discrimination Act 2004 (Cth),
– Australian Human Rights Commission Act 1986 (Cth),
– Disability Act 2006 (Vic),
– Child Wellbeing and Safety Amendment (Child Safety Standards) Act 2015,
– Crimes Act 1958 (Vic),
– Child Wellbeing and Safety Act 2015 (Vic),
– Disability Discrimination Act 1992 (Cth),
– Education and Training Reform Act 2006 (Vic),
– Education and Training Reform Regulations 2017 (Vic),
– National Disability Insurance Scheme Act 2013 (Cth),
– National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017 (Cth),
– National Vocational Education and Training Regulator Act 2011 (Cth),
– Privacy Act 1988 (Cth),
– Racial Discrimination Act 1975 (Cth),
– Sex Discrimination Act 1984 (Cth),
– United Nations Convention on the Rights of Persons with Disabilities 2006,
– Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic),
All other associated Acts, Principles, Frameworks, Standards and Rules.
This Privacy Policy sets out our commitment to protect your personal information provided to us, or otherwise collected by us. In this Privacy Policy, we, us, or our, means Fair-Go Access Support Services.
The Purpose of Collection
Personal information is collected primarily to provide services to you. In this Privacy Policy, services mean Disability Support work, therapy, or other services as stated in your service agreement. In this Privacy Policy, ‘you’ means the client, or the client’s parent/legal guardian if under the age of 18 years.
Personal Information We Collect
When used in this policy, ‘personal information’ is the same definition as per the Privacy Act 1988. We may collect the following types of personal information from you with your consent:
How we collect personal information
Collection of your personal information can occur when you communicate with us directly (in person, by telephone, via email). If you access Disability Support Coordination, your coordinator may provide us with some of this information by communicating with us directly (in person, via telephone or email).
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
It is our policy to only collect your sensitive information where it is reasonably necessary to participate in relevant functions or activities. We will always get your consent and provide explanation to help you decide and feel safe to do so.
De-identified Information
We may use your personal information in a de-identified form (de-identification is a process by which a collection of data or information is altered to remove personal identifiers and personal information) to assist us in running our business. We may also provide de-identified information in aggregated form, to third parties. When your personal information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. We cannot guarantee the security of any information that is transmitted to or, by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
If we are unable to collect your personal information?
If we are unable to collect your personal information, some, or all the following may occur:
Disclosure of your personal information
Your personal information may be disclosed in connection to:
If you submit a form via our website, just an email address is required to ensure you receive a reply.
No other information is required or kept from our website form submissions.
Links To Other Websites?
Our Site may contain links to other websites. We do not have any control over those websites, and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect the services offered.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information.
Access: You may request details of the personal information that we hold about you.
Correction: If you believe that any information, we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
