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The Playful Physio is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
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We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
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What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including written and verbal correspondence, by telephone and facsimile, by email, via our websites www.theplayfulphysio.com.au and the-playful-physio.splose.com/ and from third parties. We don’t guarantee website links or policy of authorised third parties.
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We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
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Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
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When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. Early Years OT will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.
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Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
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Policy Updates
This Policy may change from time to time and is available on our website.
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Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
0405 110 849
the-playful-physio.splose.com/
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THE PLAYFUL PHYSIO PAEDIATRIC PHYSIOTHERAPY
Your Privacy Privacy Statement
At The Playful Physio Paediatric Physiotherapy every effort will be made to ensure that the privacy of all individuals connected with the organisation is protected from misuse, loss, corruption or disclosure. Personal information will be managed confidentially and securely and destroyed appropriately when no longer required.
Collection of Information
The Playful Physio will collect only relevant personal information for lawful purposes, directly related to the company’s operations and administration, and with the consent of the individual to whom the information relates.
This information will be collected directly from the individual concerned, unless the individual has directed otherwise. Parents or guardians give consent for the collection of information relating to minors.
Storage of information
Personal information, including any photographs and videos will be stored securely, in locked, restricted access filing cabinets; in password and firewall protected, restricted access computers; secure web-based client management systems.
Access and Accuracy
The Playful Physio will not disclose personal information about an individual unless:
1. The individual has consented to the disclosure, or the information is not sensitive information (Consent to Contact forms are updated every 12 months);
2. The Playful Physio believes that the use or disclosure is necessary to lessen or prevent a serious and imminent threat to an individual’s life, health or safety; or a serious threat to public health or public safety;
3. The Playful Physio suspects that unlawful activity has been, is being or may be engaged in and disclosure of personal information is necessary as part of an investigation into the matter or else in reporting such concerns to an enforcement body;
4. The use or disclosure is required under law.
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The Playful Physio will endeavour to ensure that personal information is correct, complete and up[1]to-date. On request by a person, The Playful Physio will let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds and discloses that information.
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The person is entitled to update, correct or amend this information as necessary.
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The individual must be provided with access to this information except:
1. When access would pose a serious and imminent threat to the life or health of any individual;
2. If providing access would have an unreasonable impact upon the privacy of other individuals;
3. If the request is frivolous or vexatious; or
4. If the information relates to an existing or anticipated legal proceedings between the organisation and the individual providing access would be unlawful;
5. When denying access is required or authorised by or under law;
6. When providing access would be likely to prejudice an investigation of possible unlawful activity;
If the individual and The Playful Physio disagree about the accuracy of the information, and the individual asks us to append a statement indicating this, we will take reasonable steps to do so. In the event that The Playful Physio denies access or refuses to correct personal information, we will provide reasons for this course of action.
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Use
The Playful Physio will only use information collected about individuals for the purpose for which it was collected, for a directly related purpose, or for a purpose to which the individual has given consent.
The Playful Physio staff may take photographs or videos for the purposes such as reporting and measuring change in skill development, or environmental recommendations. These purposes will be discussed with children and their families first. The Playful Physio can use information without an individual’s consent in order to deal with a serious and imminent threat to any person’s health or safety.
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Use of information under chapter 16A in the Children and Young Persons (Care and Protection) Act 1998 allows staff to share client information - where information relates specifically to the safety, welfare or wellbeing of a child or young person - with other mandatory reporters and non-government organisations (NGOs) and Government agencies who are identified as prescribed bodies. (For the purposes of information exchange, NGOs will be considered prescribed bodies under section 248 and Chapter 16A.
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Mandatory Reporting
The Playful Physio Paediatric Physiotherapy, and our staff are considered mandatory reporters under this Act.
Mandatory reporters must make a report to Family and Community Services (FACS) when there is a current concern about the safety, welfare and wellbeing of a child for young person regarding any of the following reasons:
• Basic physical or psychological needs of the child or young person are not being met (neglect); • The parents or caregivers have not arranged necessary medical care for the child or young person (unwilling or unable to do so);
• The parents or caregivers have not arranged for the child or young person to receive an education in accordance with the Education Act 1990 (unwilling or unable to do so);
• Risk of physical or sexual abuse or ill-treatment;
• Parent or caregiver’s behaviour towards the child causes or risks serious psychological harm (emotional abuse);
• Incidents of domestic violence and as a consequence a child or young person is at risk of serious physical or psychological harm (domestic or family violence);
• The child was the subject in a prenatal report and the birth mother did not engage successfully with support services.
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What type of information can be shared in the context of Keeping Them Safe? The information must relate to the safety, welfare or wellbeing of a child or young person, and may be shared if it relates to:
1. A child or young person’s history or circumstances
2. A parent or other family member
3. People having a significant or relevant relationship with a child or young person
4. Other agencies’ dealings with the child or young person, including past support or service arrangements.
The needs and interests of children and young persons, and of their families, in receiving services relating to the care and protection of children or young people take precedence over the protection of confidentiality or of an individual’s privacy. This said it remains best practice to keep families informed. There are cases when it is not appropriate to inform a child or young person or their parent/carer that you will be sharing their information.
These include:
1. Where it is believed likely to further jeopardise a child or young person’s safety, welfare or wellbeing
2. Where it is believed, it would place you or another person at risk of harm
3. Where you are unable to contact a parent and the matter is urgent Non-disclosure of information There are circumstances when it is appropriate not to disclose information.
These include:
1. The information requested does not relate to the safety, welfare or wellbeing of a child or young person or class of children or young persons.
2. If it is believed that the disclosure of the information would prejudice an investigation of a possible breach of a law, care proceedings or a coronial inquest, endanger a person’s life, or is not in the public interest.
There are restrictions in place under the legislation to protect mandatory reporters’ identities and information in the event that they are required to make a report to the Community Services Helpline. A reporter’s details cannot be exchanged without your permission unless it is in connection with the investigation of a serious offence alleged to have been committed against a child or young person and where the disclosure is necessary to safeguard or promote the safety, welfare or wellbeing of any child or young person.
Staff should also note that “a person who acts in good faith to provide information in accordance with the legislation is not liable to any legal or disciplinary action and cannot be held to have breached any professional ethics, code or standards.”
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In addition to making a report to FACS, it is also a requirement to lodge an incident report with the NDIS Quality and Safeguards Commission, when working with children and young people who are NDIS Participants.
Breach of Privacy
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If an individual believes that The Playful Physio has breached their privacy in relation to the personal information the organisation holds about them, they may complain in writing to the Director by emailing theplayfulphysio@outlook.com
If an individual is not happy with the handling of their complaint by The Playful Physio, they may wish to complain to the National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission: • Phoning: 1800 035 544 (free call from landlines) or TTY 133 677.
Interpreters can be arranged. • National Relay Service and ask for 1800 035 544.
• Completing a complaint contact form from the website https://www.ndiscommission.gov.au/participants/complaints