Privacy Policy

Orthotic Motion Privacy and Information Management Policy and Procedures

Policy

Orthotic Motion will comply with:
the Privacy Act 1988 and the Privacy Amendment Act 2012 to protect the privacy of
individuals' personal information
This includes having in place systems governing the appropriate collection, use, storage and
disclosure of personal information, access to and correction and disposal of that information.

Outcome

Compliance with legislative requirements governing privacy of personal information.
All Orthotic Motion participants are satisfied that their personal information is kept private and
only used for the intended purpose

Background

The Privacy Act 1988 (Privacy Act) is an Australian law which regulates the handling of personal
information about individuals by private sector organisations. Amendments were made to this
legislation in 2012 (the Privacy Amendment Act 2012) which updates the Australian Privacy
Principles (APP) and came into effect in March 2014. The amendment requires an organisation
to explicitly state how they will adhere to the APP and inform their participants on how their
privacy will be protected. The APP covers the collection, use, storage and disclosure of personal
information, and access to and correction of that information. The APP are summarised in
Appendix 1 of this document.

Definitions

'Personal information' means information (or an opinion) we hold (whether written or not) from
which a person’s identity is either clear or can be reasonably determined.
‘Sensitive information’ is a particular type of personal information - such as health, race, sexual
orientation or religious information.

Procedure

Ensuring all Orthotic Motion Staff Understand Privacy and Confidentiality Requirements
1. The Director of Orthotic Motion will review their Privacy Policy annually and ensure they
understand their responsibility to protect the privacy of individuals' personal information.
2. All Staff will undergo training related to Privacy and Confidentiality Requirements at the
time of induction and then annually.

Managing Privacy of Participant Information Storage
1. Participant information collected is kept in an individual participant record.
2. Each participant record has a unique identification number
3. A participant record includes: personal information • clinical notes • investigations •
correspondence from other healthcare providers • photographs • video footage.
4. A Firewall is used in the Orthotic Motion computer system as a means of protecting
information stored on the computer. Other security related procedures such as user
access passwords, multi-factorial authentication also assist with the protection of
information.

5. Participant information is stored for seven years post the date of last discharge. In the
case of participants aged under 18 years, information is kept until their 25th birthday and
7 years post discharge.
6. Participant related information, or any papers identifying a participant are destroyed by
shredding and deleting from the computer and all databases.
7. User access to all computers and mobile devices holding participant information is
managed by passwords and automatic inactive logouts.

Managing Privacy and Confidentiality Requirements of Participants
1. Orthotic Motion refers to their Privacy Policy on the participant’s NDIS Service
Agreement.
2. The NDIS Service Agreement includes 5 Consents:
I. Consent for sharing and obtaining Information
II. Consent for receiving services
III. Consent for photography
IV. Consent to participate in Participant Satisfaction Surveys
V. Consent to participate in Quality Management Activities
These consents are discussed with the participant and /or their decision maker in a way
they can understand prior to the commencement of service.
3. Persons contacting Orthotic Motion with an enquiry do not need to provide personal
details. However, once a decision is made to progress to utilising Orthotic Motion’s
services, personal and sensitive information will need to be collected.
4. Orthotic Motion may need to share pertinent participant information with other
professional Allied Health Professional at the time of case conferencing or when
determining support plans. Information is only shared in order to provide the best service
possible and is only shared with those people whose Professional Codes of Ethics
include privacy and confidentiality. Permission to share information is sought from the
participant prior to the delivery of services and as required at other points of intervention
as/if required.
5. Personal information is not disclosed to third parties outside of Orthotic Motion, other
than for a purpose made known to the participant and to which they have consented, or
unless required by law.
6. Participants are informed there may be circumstances when the law requires Orthotic
Motion to share information without their consent.

Keeping Accurate Participant Information
Participants are informed of the need to provide us with up to date, accurate and complete
information.
Orthotic Motion staff updates information on the participant record at the time of reviews or
when they become aware of change in information.
AHP staff at Orthotic Motion updates the participant record as soon as practical after the
delivery of services to ensure information is accurate and correct.

Using Participant Information for Other Purposes
Under no circumstances will Orthotic Motion use personal details for purposes other than
stated above, unless specific written consent is given by the participant or their
representative.

Participant Access to Their Information
Participants have the right to access the personal information Orthotic Motion holds about
them. To do this, participants must contact the Director of Orthotic Motion.

Management of a Privacy Complaint
1. If a person has a complaint regarding the way in which their personal information is
being handled by Orthotic Motion, in the first instance they are to contact the Director.
The complaint will be dealt with as per the Complaints Management Policy. If the parties
are unable to reach a satisfactory solution through negotiation, the person may request
an independent person (such as the Office of the Australian Privacy Commissioner) or
the NDIS Quality and Safeguards Commission to investigate the complaint. Orthotic
Motion will provide every cooperation with this process.

Reference
'Guidelines on Privacy in the Private Health Sector', Office of the Australian
Information Commissioner

Appendix 1: Summary of the 13 Australian Privacy Principles
APP 1 — Open and transparent management of personal information
Ensures that APP entities manage personal information in an open and transparent way.
This includes having a clearly expressed and up to date APP privacy policy.
APP 2 — Anonymity and pseudonymity
Requires APP entities to give individuals the option of not identifying themselves, or of using
a pseudonym. Limited exceptions apply.
APP 3 — Collection of solicited personal information
Outlines when an APP entity can collect personal information that is solicited. It applies
higher standards to the collection of ‘sensitive’ information.
APP 4 — Dealing with unsolicited personal information
Outlines how APP entities must deal with unsolicited personal information.
APP 5 — Notification of the collection of personal information
Outlines when and in what circumstances an APP entity that collects personal information
must notify an individual of certain matters.
APP 6 — Use or disclosure of personal information
Outlines the circumstances in which an APP entity may use or disclose personal information
that it holds.
APP 7 — Direct marketing
An organisation may only use or disclose personal information for direct marketing purposes
if certain conditions are met.
APP 8 — Cross-border disclosure of personal information
Outlines the steps an APP entity must take to protect personal information before it is
disclosed overseas.
APP 9 — Adoption, use or disclosure of government related identifiers
Outlines the limited circumstances when an organisation may adopt a government related
identifier of an individual as its own identifier, or use or disclose a government related
identifier of an individual.
APP 10 — Quality of personal information
An APP entity must take reasonable steps to ensure the personal information it collects is
accurate, up to date and complete. An entity must also take reasonable steps to ensure the
personal information it uses or discloses is accurate, up to date, complete and relevant,
having regard to the purpose of the use or disclosure.
APP 11 — Security of personal information
An APP entity must take reasonable steps to protect personal information it holds from
misuse, interference and loss, and from unauthorised access, modification or disclosure. An
entity has obligations to destroy or de-identify personal information in certain circumstances.
APP 12 — Access to personal information
Outlines an APP entity’s obligations when an individual requests to be given access to
personal information held about them by the entity. This includes a requirement to provide
access unless a specific exception applies.
APP 13 — Correction of personal information
Outlines an APP entity’s obligations in relation to correcting the personal information it holds
about individuals.