Legal

Privacy Policy

Privacy Policy Overview

It is our privilege to offer comprehensive specialist health and surgical services in an environment that fosters honesty, trust, respect, commitment and above all clinical excellence in patient care. It is our promise to our patients, to continue to shape our practice actively in ways that meet the challenges of changing healthcare with determination, creativity and enthusiasm.

All medical practices must comply with the Australian Privacy Principles of the Privacy Act 1988. The following information is aimed at providing you with a more complete understanding of the information that this practice may hold about you and the way we handle it.

The policy statement covers the following:

What types of information are collected
Why it is collected
How the information is stored and used
Who has access to information
Informed consent
Disclosure of information
Maintaining accuracy of information
Changes

What information do we collect?

The following information is collected, where possible, directly from the patient:

name	date of birth	address
contact details	next of kin	emergency contacts
marital status	referrals	medications
ethnicity	allergies & other sensitivities	past & current medical history
social history	medical procedures	diagnostic tests & results
Medicare number	health insurance details	financial details related to billing
WorkCover details	reports from other health providers

Why do we collect this information?

This information is collected so that we have enough information to provide optimal health care services to patients on an ongoing basis. If you provide incomplete or inaccurate information to us, or if information is withheld, we may not be able to provide you with the services you are seeking.

Where do we collect information from?

We collect most information directly from you. This can include:

on the phone
through a medical history form emailed to you (to be filled out and brought to the consultation) or filled out prior to your appointment
during the doctor-patient relationship

Other people may also provide information about you:

your GP
other health providers involved in your care e.g. allied health, other specialists
your parent or guardian (if you are under the age of 18 years)

How is the data stored?

All forms filled out by the patient is scanned and saved in our electronic database in the patient’s electronic file. Patient electronic files are all stored on domestic servers (i.e. within Australia only). All paperwork filled out is then shredded.

How is the data used?

The information you provide is used to maintain up to date patient electronic files. The following details are updated:

demographic data	recall & reminder systems	operation reports
emergency department visits	after hours & home care	telephone notes
accounts

Who has access?

Only authorised doctors and administration staff have access to data. All computers and programs with patient information are password-protected. All staff members have signed privacy agreement forms prior to commencing work at this practice.

Patients referred to other health service providers (e.g. allied health/ other specialist services) will be aware that information relevant to their care (including medical history summary, pathology and radiology) in the referral letter is only provided if the patient gives consent. If the patient does not provide consent, he/she will not be referred to that provider.

Account details are only provided to obtain payment from Medicare and/or private health insurance organisations.

*Please note: under certain legislation, we must disclose patient information. These include:

Infectious Disease Act (Health Regulations)
Court orders, subpoenas, search warrants and Coroner’s Court cases

If the information is required for research purposes, each patient will be notified and provided with an ‘Informed Consent’ form to sign, in order to release his/her personal health information. If the patient refuses to provide consent, his/her personal health information will not be used.

Every patient has the right to access their own personal health information, under privacy legislation. To request release of this information, an ‘Access to Medical Records by Patient’ form needs to be completed (available at reception).

Do we inform patients of the intended use of the information?

Yes; we will always inform patients of the intended use of their information. A ‘Privacy Form’ is attached to all new patient registration forms, which every patient must read and complete prior to receiving health care at our practice. A copy of this form is available from reception.

Do we obtain a patient’s consent?

Every patient attending our practice must read and complete a ‘Privacy form’ prior to receiving any health care at our practice.

Is the data we collect accurate, up to date and complete?

The following procedures are in place to ensure that the data we collect is accurate, up to date and complete:

For new patients:

When entering demographic data electronically, information is cross-checked with the ‘Medical History’ form.
For new patient registrations, patients are required to present at reception with their Medicare and health insurance card (if applicable). Demographic details provided on the completed ‘Medical History’ form is cross-checked with these cards, to ensure that our practice records have correct details. This is particularly important for patients from cultures where transliteration of names and details into English may result in misspelt words.
Medicare numbers are verified online.
The surgeon cross-checks relevant health information with the patient during the initial consult.

For returning patients:

Patients are asked if any of their personal details or GP details have changed since their last appointment.
In the event that a patient requests the practice to release results of any pathology or radiology to his/her next of kin, the next of kin details are confirmed with the patient; on contacting the next of kin, our staff always confirms that they are speaking to the person appointed by the patient prior to releasing any health information.
An updated referral letter from the patient’s general practitioner (GP) is required annually (excluding gastric band, breast cancer and colon cancer patients). This is to ensure that our practice has up to date information on the patient’s current GP.
Patients returning to the practice after 3 years are required to complete a new ‘Medical History’ form.

Consultation notes are saved in the patient’s file. These cannot be altered; however, amendments to the notes can be added later if a step has been omitted or for clarification purposes.

Letters addressed to other health care providers is typed and cross-checked by a qualified medical typist. A sample of these letters is also checked on a monthly basis by the Practice Manager to ensure accuracy.

Our practice conducts audits of pathology and radiology on a monthly basis. This is performed by the Practice Manager.

How do we protect data from misuse, loss and unauthorised access?

All computers at our practice are password-protected and only authorised staff have access to this information. Backup information is stored on

On-site on computer programs
Off-site on an external hard drive which is retained by the Practice Manager
Off-site on a cloud, only accessible by authorised persons

In addition to this, we have the following measures in place to protect information:

Firewalls and antivirus software
Secure work environments
Encryption of data in transit
Storage of electronic information on domestic servers only
Management of access privileges

How do we maintain and update our Privacy Policy?

At our practice, we have an appointed Privacy Officer. The duties of the Privacy Officer include but are not limited to:

Investigation of any complaints lodged
Co-ordinate, implement & monitor the privacy policy
Promote privacy policy to all interested parties including patients, GPs and staff
Act as liaison officer for all privacy issues and patient requests for record access
Formulate and update the privacy policy
Conduct privacy reviews (analyse what data collected, how, storage, disclosure, consent)

Discrimination and Zero Tolerance Policy

1. Overview Of Policy

This policy applies to:

all staff, including managers and supervisors; full-time, part-time or casual, temporary or permanent staff; job candidates; student placements, apprentices, contractors, sub-contractors and volunteers,
how The practice provides services to clients and how it interacts with other members of the public,
all aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport,
on-site, off-site or after-hours work; work-related social functions; conferences – wherever and whenever staff may be as a result of their practice duties; and
staff treatment of other staff, clients, and other members of the public encountered in the course of their practice duties.

2. Aims

The practice is committed to providing a safe, flexible and respectful environment for staff and clients free from discrimination, bullying and sexual harassment.

All The practice staff must treat others with dignity, courtesy and respect.

By effectively implementing our Workplace discrimination and harassment policy, we will attract and retain talented staff and create a positive environment for staff.

3. Staff rights and responsibilities

All staff are entitled to:

recruitment and selection decisions are based on merit and not affected by irrelevant personal characteristics
work free from discrimination, bullying and sexual harassment
the right to raise issues or to make an enquiry or complaint reasonably and respectfully without being victimised
reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture.

All staff must:

follow the standards of behaviour outlined in this policy
offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint
avoid gossip and respect the confidentiality of complaint resolution procedures
treat everyone with dignity, courtesy and respect.

3.1 Additional responsibilities of managers and supervisors

Managers and supervisors must also:

model appropriate standards of behaviour
take steps to educate and make staff aware of their obligations under this policy and the law
intervene quickly and appropriately when they become aware of inappropriate behaviour
act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard
help staff resolve complaints informally
refer formal complaints about breaches of this policy to the appropriate complaint handling officer for investigation
ensure staff who raise an issue or make a complaint are not victimised
ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made
seriously consider requests for flexible work arrangements.

4. Unacceptable workplace conduct

Discrimination, bullying and sexual harassment are unacceptable at The practice and are unlawful under the following legislation:

Sex Discrimination Act 1984 (Cth)
Racial Discrimination Act 1975 (Cth)
Disability Discrimination Act 1992 (Cth)
Age Discrimination Act 2004 (Cth)
Australian Human Rights Commission Act 1986 (Cth).

Staff (including managers) who conduct such conduct might be counselled, warned or disciplined. Severe or repeated breaches can lead to formal discipline, including dismissal.

4.1 Discrimination

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.

Discrimination can occur:

Directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list below).

For example, a worker is harassed and humiliated because of their race.
or
A worker is refused promotion because they are ‘too old’

Indirectly, when an unreasonable requirement, condition or practise is imposed that has, or is likely to have, the effect on disadvantageous people with a personal characteristic protected by law (see list below).

For example, redundancy is decided based on people who have had a worker’s compensation claim rather than on merit.

Protected personal characteristics under Federal discrimination law include:

a disability, disease or injury, including work-related injury
parental status or status as a carer, for example, because they are responsible for caring for children or other family members
race, colour, descent, national origin, or ethnic background
age, whether young or old or because of age in general
sex
industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union
religion
pregnancy and breastfeeding
sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual
marital status, whether married, divorced, unmarried or in a de facto relationship or same-sex relationship
political opinion
social origin
medical record
an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.

It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.

4.2 Bullying

If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.

Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation, ignoring people, or unfair work practices.

Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event.

Behaviours that may constitute bullying include:

sarcasm and other forms of demeaning language
threats, abuse or shouting
coercion
isolation
inappropriate blaming
ganging up
constant unconstructive criticism
deliberately withholding information or equipment that a person needs to do their job or access their entitlements
unreasonable refusal of requests for leave, training or other workplace benefits.

Bullying is unacceptable in The practice and may also be against occupational health and safety laws.

4.3 Sexual harassment

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:

comments about a person’s private life or the way they look
sexually suggestive behaviour, such as leering or staring
brushing up against someone, touching, fondling or hugging
sexually suggestive comments or jokes
displaying offensive screensavers, photos, calendars or objects
repeated unwanted requests to go out
requests for sex
sexually explicit posts on social networking sites
insults or taunts of a sexual nature
intrusive questions or statements about a person’s private life
sending sexually explicit emails or text messages
inappropriate advances on social networking sites
accessing sexually explicit internet sites
behaviour that may also be considered an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they consent to the behaviour.

Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace or between colleagues outside of work.

All staff and volunteers have the same rights and responsibilities to sexual harassment.

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.

All incidents of sexual harassment – no matter how large or small or who is involved – require employers and managers to respond quickly and appropriately.

The practice recognises that comments and behaviour that do not offend one person can offend another. This policy requires all staff and volunteers to respect other people’s limits.

4.4 Victimisation

Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law.

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.

Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator.

The practice has a zero-tolerance approach to victimisation.

4.5 Gossip

It is unacceptable for staff at The practice to talk with other staff members, clients or suppliers about any complaint of discrimination or harassment.

Breaching the confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy and may lead to formal discipline.

5. Merit at The practice

All recruitment and job selection decisions at The practice will be based on merit – the skills and abilities of the candidate as measured against the inherent requirements of the position – regardless of personal characteristics.

It is unacceptable and may be against the law to ask job candidates questions or to, in any other way, seek information about their characteristics unless this can be shown to be directly relevant to a genuine requirement of the position.

6. Resolving issues at The practice

The practice strongly encourages staff members who believe they have been discriminated against, bullied, sexually harassed or victimised to take appropriate action.

Staff who do not feel safe or confident to take such action may seek assistance from the practice principal or advice and support from an appropriate advisor.

6.1 Employee Assistance Program

The practice staff are entitled to a certain amount of free professional counselling from our employee assistance program. To access the employee assistance program

Employee assistance program counselling is confidential; nothing discussed with a counsellor will be communicated back to The practice. Employee assistance program counselling is free to The practice staff regardless of whether the issue is related to a workplace problem or some other issue for the staff member.