Privacy policy
Privacy policy
CAPS takes privacy and confidentiality seriously and has obligations concerning the collection, use, disclosure and storage of personal information that relates to our clients, contractors, partners and employees. CAPS also has obligations to disclose information in some circumstances and is committed to operating according to relevant legislation which includes:
• Privacy Act 1988
• Privacy and Personal Information Act 1998 (NSW)
• Health Records and Information Privacy Act 2002.
• Children’s and Young Persons (Care and Protection) Act 1998 NSW including Chapter 16A which deals with Exchange of Information requirements for prescribed bodies.
• Crimes Act 1900 (NSW)
• Crimes (Domestic and Personal Violence) Act 2007
We are committed to being completely transparent about the information we collect about you, how it is used and with whom it is shared.
Purpose
In the delivery our programs and services, we collect personal and sometimes sensitive information about our clients. It is important to CAPS that our clients understand why we collect this information, how CAPS uses, stores, protects and discloses the information we hold in accordance with Australian privacy laws.
This policy outlines how CAPS fulfils its legal obligations and best practice guidelines relating to:
• Collection, storage, use and access to personal information
• Appropriate disclosure of personal information
• Exchange of Information requests
• Responding to a Subpoena
Policy Detail
3.1 Collection, storage, use and access to personal information
Voluntary consent to gather, store and use personal information will be gained before requesting or storing information. There are some situations where consent is not required which include:
• when a child, or someone else is at risk of harm
• when there is evidence of a serious crime, or information relating to a serious crime about to be committed
• when a subpoena has been received, and accepted
• when information has been de-identified and is gathered and used for the purposes of general reporting or clinical guidance.
Voluntary consent can be withdrawn at any time, and in this situation, all personal information that does not meet the conditions required for mandatory reporting or disclosure will be removed from CAPS’ client management systems.
All information will be stored in a secure location and accessed only by those with a legitimate need to do so.
Disposal of confidential documents, whether internal or done by an external contractor, are required to be discharged according to CAPS obligations to treat all personal information with care and confidentiality.
Personal information held by other organisations and disclosed to CAPS as part of our service delivery will be treated with the same care and conditions as if the information had been given directly to CAPS by the client.
3.2 Appropriate Disclosure of personal information
All CAPS employees are mandatory reporters and therefore obligated to disclose relevant information to Child Protection authorities regarding children potentially at risk of abuse or neglect. Child Protection authorities in different states have different definitions and thresholds for mandatory reporting and CAPS will ensure the relevant legislation is being applied.
Current legislation protects the identity of mandatory reporters from disclosure and prevents the reporter from being liable in any civil, criminal or administrative proceeding as long as the report is made in good faith.
Where information is given that forms evidence of a serious crime that has been committed, or is about to be committed, all persons in Australia have an obligation to report that information to Police.
CAPS will take particular care to ensure that any disclosure situation meets the threshold of ‘evidence’ and that taking action does not create additional risk. This is especially true of domestic violence situations and CAPS’ staff are sufficiently knowledgeable and skilled to make well informed decisions.
3.3 Exchange of Information Requests
Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 establishes a scheme for information exchange between CAPS and other prescribed bodies and requires CAPS to take reasonable steps to co-ordinate the provision of services with other organisations. This takes precedence over other legislation regulating information disclosure (e.g. Privacy Act, Health Records and Information Privacy Act 2002). More information relating to obligations and circumstances where information can be shared can be found in the Exchange of Information Fact Sheet.
Information can be exchanged in writing (preferred) or verbally if there is an established relationship between CAPS and the other prescribed bodies. If information is exchanged verbally, CAPS will make a written record of the exchange.
3.4 Responding to a Subpoena
CAPS has a legal obligation to provide information required through a Court Subpoena. The following steps will be taken to respond to a subpoena:
1. CAPS will first check the validity to produce to ensure the document bears the issuing court’s seal and has been served on or before the date specified in the subpoena as the last date for service.
2. CAPS will identify the documents that must be produced in response to the subpoena. If the request contained in the subpoena is very broad or vague, or may breach confidentiality or safety obligations, CAPS will seek legal advice about having the subpoena set aside or reduced in scope.
3. CAPS will collect, redact and copy the documents for production, unless the subpoena specifically requires CAPS to produce the original documents.
4. CAPS will identify any privileged documents and place them in a separate bundle clearly marked as privileged and not to be inspected.
5. CAPS will complete the declaration appearing on the last page of the subpoena and attach it to the subpoena or copy of the subpoena that accompanies the documents or things produced to the Court under the subpoena.
6. CAPS will produce the documents to the Court by delivering or posting the documents to the Registrar at the address specified in the subpoena for that purpose.
3.5 Privacy Complaints
If you have a concern about a breach of privacy or refusal to grant access to information, please contact email the designated Privacy Officer below:
Name: John Cowell
Email: johncowell@caps.org.au
Definitions
4.1 Evidence of a Serious Crime
An offence is a serious offence in Australia if it is:
• violent in nature (i.e. risks life or serious injury), or
• punishable by imprisonment for five years or more
Criminal evidence occurs if:
• a criminal act is witnessed
• A disclosure is made of intent to commit a crime
• Disclosure of a crime may form evidence if the person experiencing it is prepared to give evidence.
Note: A victim of family violence may hide the abuse or be reluctant to seek legal protection due to fears of not being believed or increasing risks to safety. If the victim is not willing to provide a statement, a third-party account will not usually constitute evidence of a crime unless witnessed personally.
4.2 Redact
Means to censor or obscure part of a text for legal or security purposes.
Note: Once documents have been subpoenaed, they must not be altered. However, where documents contain information not included a subpoena, it should be blacked out before provision of documents to prevent a breach of privacy obligations. This includes personal information such as names, dates of birth, contact information and other details that are not included in the specific subpoena.