Privacy policy

Privacy policy

Current as of: 16-July-2021

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Introduction:

This policy provides you, our patient, with information about how we can collect, use and disclose your personal information. It also provides information about how compliant with us can be lodged if the personal information is thought to be mishandled. Practice manager of our practice is responsible for implementing this policy. This policy is established within the boundary of The Australian Privacy Principles 2014 and Privacy Act 1988. For the latest version of the principles visit Office of the Australian Information Commissioner, Australian Government and this Act visit the Federal Register of Legislation.

Purpose and objectives:

This policy is required for the purpose of promotion and protection of privacy of individual’s personal and health information. This policy is established to implement the standards, rights and obligations about the collection, use and disclosure of personal information; our practice’s accountability on the protection of privacy, confidentiality and integrity of health information. It helps our practice comply with the Privacy Act 1988, My Health Records Act 2010 and related subject. It also provides a guideline on the rights of individuals to access their personal information.

Scope:

This policy applies to all staff members and clients of CQ Surgeons. This policy covers the activities that involve collection, use and disclosure of patient’s personal information.

Definitions:

Clients- refers to both internal and external clients, including patients, parents, visitors, carers, family members, service related workers, other health professionals.
Clinic- means CQ Surgeons
Confidentiality- responsible handling of and professional judgment in sharing the client health information
CQ Surgeons- refers to staff from this practice
Day- working day
Health information- medical records, treatment, registers, care, Medicare information, medication, immunizations, personal information, allergies, emergency contacts, advanced care plan, medical reports, medical history, Medicare/PBS claims history, pharmacy medicine dispense history Personal information- personal details, for example, name, address, contact details, date of birth, which can be used to identify a person.
Related health organisation- allied health professions who cooperate to provide care and treatment for the clients.
Medical Record- means a paper or electronic record containing a patient’s health and personal information, status and treatment.
We- refers to staff from CQ Surgeons
You- refers to clients

Policy content:

Why and when consent is necessary?

– You provide your consent for the doctors and staff of CQ Surgeons when you
register as a patient of our Practice. CQ Surgeons will only obtain the personal
information about you that is necessary for the primary purpose that is the
provision of the best possible healthcare to you. You remain the right to withdraw, alter or restrict your consent at any time, but in doing so, that may compromise your healthcare treatment. You will be asked for further consent if your personal information is needed to be used for other purposes set outside this policy.

How the personal information to be collected

– CQ Surgeons will only collect your health information that is reasonably necessary for providing appropriate treatment and care. The third parties, such as treating doctors will only collect your personal information that is directly related to their work. They don’t need your consent when you are in need of urgent medical treatment and are unable to consent.

– The administrative and clinical staff of CQ Surgeons must take reasonable steps to tell the patient about the identity and contact details of the parties which collect their health information, the ways to collect and the consequences if not collect.

How the personal information to be used:

– The personal information can only be used for the primary purpose for which it
was collected. It can be used for secondary purpose if a permitted health
situation exists in relation to the secondary use; consents have been made; under reasonably expectation by the clients; CQ Surgeons reasonably believes it is necessary; required by laws or related to activities conducted by an enforcement body.

– CQ Surgeons may use or disclose health information about a client for research, or analysis of statistics, relevant to public health or safety when the use or disclosure is necessary, or it is impracticable to obtain the client’s consent, or when the client’s identity will not be derived or interpreted from that information.

– CQ Surgeons should take reasonable steps to ensure the health information is de-identified before the information is disclosed for necessary research purpose. The personal information is de-identified when the information is no longer be able to be used to identify the client.

– We take extra precautions and measures to protect privacy and confidentiality
when we communicate through electronic means. Documents stored electronically are password-protected with regular backups.

– Hard copy forms of files are stored with lockable measures. Only authorised staff of CQ surgeons can access to those files.

– We keep health information for adult patients for minimum seven years from the last entry to their health record while for children patients until their age of 25.

How the health information to be disclosed:

– Clients have to give their consent for their health information to be shared within the clinic, with related health organisation, the public or for research purpose. Verbal or written consent will be obtained from the clients at any point of entry of service provision. Administration and staff of CQ Surgeons have the responsibility to explain to the clients of their right to privacy regarding their health information and ask for their consents. Practice manager has the
responsibility to ensure the clients of their right to privacy and confidentiality.

– Only information that needs to be disclosed should be shared.

– Conditions that the health information will be disclosed:
May include:
– when consents have been made.
– when it is needed for proceeding appropriate treatment and care
– when it is required by laws.
– when necessary research is conducted.

– CQ Surgeons may disclose health information about the client
– to the recipient who is a ‘responsible person’ for the client.

– when the client is either physical or legally incapable of giving consent.
– when the clinic staff who provide health service is satisfied that the disclosure is necessary to provide appropriate care or treatment of the client, or the disclosure is made for compassionate reasons.
– when the disclosure is not contrary to any wish expressed by the clients before the client became unable to give consent.
– when the disclosure is limited and necessary for providing appropriate
care.

– We take extra precautions and measures to protect confidentiality and privacy if we communicate with other health professionals through electronic means.

Rights of clients

(1) Clients have the right to maintain their privacy and confidentiality throughout any treatment or procedure, in their healthcare.
(2) Clients have the right to access their personal and/or health information in the way the client would like to use such as by phone, writing or in person.
(3) Only the client or another person the client has authorised, such as a legal guardian, can make the request to access.
(4) CQ Surgeons should respond to a request for access to their own personal and/ or health information within 7 days. If CQ Surgeons refuses to the access, a written notice that explain the reason for refusal and the way for making a
compliant, will be given to the applicant.
(5) A charge that covers the cost but is not excessive may be applied for preparing the copies of health record.
(6) Clients have the right to correct their personal information.
– Client can request via phone, in writing or in person to correct their personal information if the client thinks the information is incorrect. Then, the correction normally will take place immediately once we receive the request and identity verification. CQ Surgeons has the responsibility to tell the other parties which have been given the incorrect information about the corrections.
– CQ Surgeons should respond to the client’s request for correction within 7 days. If CQ Surgeons refuses to the correction, a written notice that explain the reason for refusal and the way for making a compliant, will be given to the applicant.
-No charge should be charged for the correction.
(7) Clients have the right to make a compliant. You can lodge your privacy concerns in writing via mail to CQ Surgeons, Mater Specialist Outpatient Centre, 46 Jessie Street, The Range, QLD 4700. You can also express your concerns by email to drmingho@protonmail.com. Please be aware that there may be risks with sending personal information through unsecured networks or email channels.
(8) Clients have the right to be informed when their health information is collected.

Policy review statement:

This policy will be reviewed regularly to ensure it reflects the current processes and procedures of Australian Privacy Principles and current legislation requirements. This policy will be reviewed on 7-January -2022.

Further information:

If you have any concerns regarding your privacy rights, you are welcome to contact our Practice Manager, Ms Wendy Chan on 0482 989 063 or email:
drmingho@protonmail.com. You can also obtain advice from your doctor or outside
by contacting the Australian Information Commissioner at www.oaic.gov.au or by
calling 1300 363 992

Review:

We regularly review this policy for continuous improvement. The next review will be on 1st of July, 2022.

Reference:

Australian Digital Health Agency, Australian Government
https://www.myhealthrecord.gov.au/
Federal Register of Legislation, Australian Government
https://www.legislation.gov.au/
Office of the Australian Information Commissioner, Australian Government (OAIC)
https://www.oaic.gov.au/
Queensland Legislation, Queensland Government
https://www.legislation.qld.gov.au