1. Purpose
As a values-based provider of aged care services, Catholic Healthcare Ltd (CHL) is committed to transparent and ethical processes and complying with its privacy obligations under all applicable laws.
2. Applicability/ Scope
This policy applies to the workforce which encompasses employees, volunteers, students, visitors, older people's advocates, authorised representatives, and older persons, and associated providers/subcontractors of CHL.
3. Policy Statement
CHL has corporate governance arrangements in place to align with provider responsibilities for how it collects, uses and discloses personal and/or health and sensitive information necessary for the provision of services and CHL business operations in accordance with this policy and the Australian Privacy Principles (APPs) under the Privacy Act 1988(Cth) (Privacy Act), Aged Care Act (NSW) 2024 the Health Records and Information Privacy Act 2002(NSW), and other applicable laws.
3.1 Older Person Outcome Statement
CHL places the older person at the centre of the planning, monitoring, and improving for its delivery of high-quality care and services across residential aged care and home and community care settings, including community hub spaces. The right to have all personal and/or health or sensitive information that is obtained and recorded by CHL respected with privacy for the provision of services.
We will take all reasonable and proportionate steps to act in accordance with the following rights balancing our obligations under other laws:
a. an individual has a right to have the individual’s:
i. personal privacy respected; and
ii. personal information protected.
b. an individual has a right to seek, and be provided with, records and information about the individual’s rights and the funded aged care services the individual accesses, including the costs of those services; and
c. the personal privacy of individuals is respected, individuals have choice about how and when they receive intimate personal care or treatment, and this is carried out sensitively and in private.
3.2 Organisation Outcome Statement
CHL is committed to clearly communicate the personal information handling practices to give individuals a better and more complete understanding of the type of personal information CHL collects and the way this is handled.
4. Roles and Responsibilities
This procedure is underpinned by our Privacy Management Framework which provides information relating to accountabilities.
5. Definitions
6. Personal Information
Personal information (Personal Information) is information or an opinion about an identified individual, or an individual who is reasonably identifiable:
a) whether the information or opinion is true or not; and
b) whether the information or opinion is recorded in a material form or not.
Personal information includes health information and sensitive information unless otherwise specified.
6.1 Collection of personal information
We collect personal information directly from you unless it is not practicable or reasonable to do so or you have granted us permission to obtain the information from someone else or we are otherwise authorised or required to do so. For example, we may need to collect information from your carer, family, representative, prior service providers, health professionals and government agencies in order to provide services to you. Every effort will be made to collect the personal information in an environment that protects the personal information and maintains confidentiality.
Collection of personal information directly from you can include, but is not limited to, interacting with us in person, over the phone, online, via surveys and questionnaires, electronic data collection devices, attending Catholic Healthcare events, subscribing to a mailing list, applying for a position as an employee, contractor, volunteer or in another capacity, applying for admission to a Catholic Healthcare home, service or program.
Personal information collected may be held in paper format and stored in an authorised access only location, and/or electronic databases which are password protected and/or on the cloud computing networks. In some circumstances, this information may be stored outside Australia. When this occurs, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained.
Catholic Healthcare will endeavour to work with individuals who wish to provide personal information anonymously or in a deidentified format. Given the nature of our services and the need to identify persons so as to provide appropriate care, in many cases this is not practicable e.g, where lack of personal information could impact the delivery of care and/or services to you, impact our ability to fulfill our regulatory obligations or otherwise unreasonably impact our business processes.
6.2 How do we collect, hold, use or disclose personal information?
We collect and hold personal information in order to provide services and to run our business.
Our primary use of personal information is in the provision of those services including care and accommodation.
We may also use your personal information for secondary purposes which are related to the primary use including activities related to your care or our business including billing, rostering, recruitment and management of staff, budgeting and administration activities and activities necessary to fulfill our obligations and conduct our business in an efficient and prudent manner. In addition to this, we may also use personal information for training, research, quality and safety activities.
We may also use personal information for direct marketing purposes such as communicating with you and your representative/s about our services, news, upcoming events and fundraising activities.
You do have the right to withdraw your consent to the disclosure of your information. However, without the ability to collect, hold and use your personal information to provide services and run our business, we would be unable to provide you with quality care and services that are tailored to you.
Your information may need to be disclosed to government bodies such as the Aged Care Quality and Safety Commission, a Court, Tribunal or official organisations as required, to our advisors and marketing providers from time to time, to health care or service providers who may be involved in your care or service delivery and as required at law.
6.3 How we use automated decision making
We may share your Personal Information with Al applications (artificial intelligence) for service improvement and, in some cases, to assist with your services and care. If we do so, we will advise you and obtain your consent through our agreements with you such as the resident, client, volunteer or contractor agreement.
We use technology tools to innovate our service offering including the use of software programs on our website and the collection of data to improve our services.
We currently do not use automated decision making but this may change in the future with technological advancements.
In any event, we comply with our privacy obligations in relation to the use of technology.
6.4 How do you access and seek correction of your personal information?
You are entitled to access your personal information held by us.
We encourage you to inform us of any changes to your personal information as soon as possible. You may ask us to correct any error or omission in your personal information.
If you wish to view your personal record, you can ask your carer for access or make a formal request in writing.
To ensure privacy of your information, appropriate identification requirements will need to be met.
A reasonable fee may be charged if the personal information is to be provided such as photocopying costs.
In certain circumstances, an appointment may be desirable which should be made in advance.
We may decline to provide access in special circumstances, for example, if a health professional advises us that they consider the access would be harmful to you or another person.
Clients, residents, and their authorised representatives who wish to access or correct personal information should address their request in writing to their service manager or to the Privacy Officer:
Postal Address: PO Box 914
Macquarie Park NSW 1670
Email: privacy@chcs.com.au
6.5 How do we protect your personal information
Catholic Healthcare takes reasonable steps to ensure that the personal information we hold is kept confidential and secure including by having robust physical security of our premises, databases and records; taking measures to restrict access to only personnel who need that personal information for service delivery or to run our business; providing employees with education about privacy and cyber security; and by having technological measures in place such as anti-virus software, firewalls, password protected access to systems.
It should be noted that scammers, hackers and those motivated by unlawful purposes can be extremely sophisticated, patient, and well-funded in their attempts to access personal information. For this reason, it is not possible to guarantee that security protocols can never be breached.
6.6 Online activity
The Catholic Healthcare website uses cookies. These cookies recognise when your device has visited our website so we can distinguish you from other website users This improves your experience and Catholic Healthcare's website. If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies, but this may impact your browsing experience and our website's functionality for you.
Our website uses data analytics to help us better understand who visits our website so we can improve our services. Although this data is mostly anonymous, it is possible under certain conditions that we can connect it to you.
6.7 Direct marketing
We may send you direct marketing communications and information about our Services, opportunities or events that we consider may be of interest to you if you consented or request to receive such communications. These communications may be sent in various forms including but not limited to mail, SMS and email in accordance with applicable marketing laws. You consent to us sending you these direct marketing communications by any of those methods. If you have a preference for a method of communication, we will endeavour to use that method wherever it is practicable to do so.
You may opt out of receiving marketing communications from us at any time by unsubscribing to the relevant communication as advised on that communication or otherwise advising us that you do not wish to receive a particular or any marketing materials.
6.8 Retention of personal information
We will not keep your personal information for longer than we need to. However, in some cases we are required to retain records for periods of time as prescribed under applicable laws. This may mean that we will need to retain your personal information for longer than the duration of your relationship with us.
6.9 Overseas
We are unlikely to directly disclose personal information to overseas recipients except when a resident or client has a family member who is overseas and the resident or their authorised representative have requested disclosure to that person overseas.
6.10 My Health Record
When Catholic Healthcare or its employees' access the My Health Record system, Catholic Healthcare will comply with all relevant legislation associated with the My Health Record system.
7. Receive this policy in an alternative format
This Privacy Policy can be accessed via the intranet or by hard copy. Should you require a copy of this policy in an alternative form, please send your request via our general enquiries below.
8. Enquiries and complaints
If you have any questions regarding this Privacy Policy and Collection Statement, or wish to make a complaint about privacy or Catholic Healthcare, please contact the Privacy Officer:
Postal Address: PO Box 914
Macquarie Park NSW 1670
Phone (02) 8876 2100
Email privacy@chcs.com.au
Our Privacy Officer will respond to you within 30 calendar days. If you are not satisfied with the response, then you may complain to the Office of the Australian Information Commissioner (OAIC).
9. Older Person Involvement
Older persons and/or their authorised representatives will be actively engaged to partner in consultation. They have the right to actively participate in the decision-making processes for matters concerning both their care and the overall management of the service location.
CHL recognises that older people engagement is a two-way stream of required communication; and our service locations are considered the home for each older person (RAC Home, Retirement Living, Home & Community Services).