This Privacy Statement details the manner in which Optimus Health Group (OHG) seeks to comply with the National Privacy Principles and Victorian Health Privacy Principles.
1. Optimus Health Group RESPECTS PATIENTS PRIVACY:
When Optimus Health Group collects, handles, stores uses or discloses information about the patient, OHG is committed at all times to complying with the National Privacy Principles (set out in the Privacy Act 2010 ) and the Health Privacy Principles (set out in the Heath Records Act 2001 (Vic)) for the handling of personal information.
This statement sets out:
- How personal and sensitive information are defined in the legislation;
- Consent to collection use and disclosure of information;
- OHG’s policies on the management of personal and sensitive information;
- Why OHG is collecting personal information, what information OHG holds, and how OHG will use this information;
- The purposes for which OHG uses the information OHG collects;
- For what purposes and to whom OHG discloses information;
- How the patient can see and/or obtain copies of the information that OHG holds about the patient;
- How to have information corrected if it is wrong;
- How OHG secures the patient’s information;
- How the patient can make an enquiry, air a grievance or make a complaint directly to OHG or to the Privacy Commissioner.
2. PERSONAL AND SENSITIVE INFORMATION ARE DEFINING AS FOLLOWS:
Under the Privacy Act 1998 (Cth):
S 6 Interpretation:
personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
sensitive information means
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;
that is also personal information; or
health information about an individual.
3. CONSENT TO COLLECTION, USE AND DISCLOSURE OF INFORMATION.
For the purposes of this policy:
Under the Health Records Act 2001 (Vic)
“Personal information” is defined in essentially the same way as under the Privacy Act.
“Sensitive information” is not defined under Victorian Legislation.
Collection: is defined as information gathered, acquired or obtained from any source.
Disclosure: is defined as information that is released to others outside OHG
Use: is defined as how and for what purposes information is used within OHG
OHG only collects information that the patient has consented to giving save for those instances. OHG only uses or discloses information that the patient has consented to being used or disclosed unless otherwise required by law.
4. WHAT PERSONAL INFORMATION DOES OHG COLLECT?
Generally, OHG will only collect personal information about the patient if the patient is being treated by OHG.
OHG only records personal information that the patient provides to OHG. The nature of personal information collected and maintained by OHG generally comprises of:
- Patients Name
- Patients Address
- Patients age group
- Patients contact details such as phone, fax or email
- Details as to any relevant physical or psychological condition from which the patient suffers if these details are required in order to effectively provide the patient with treatment.
OHG will ask the patient when OHG needs the patient to provide further personal information. OHG will only collect information that is related to the patient’s treatment.
OHG only collects information that the patient has consented to providing unless otherwise required by law. If the patient provides incomplete or inaccurate information, OHG may not be able to provide the patient with the treatment the patient seeks.
5. FOR WHAT PURPOSES DOES OHG USE INFORMATION COLLECTED FROM THE PATIENT?
OHG only collects uses or discloses personal information that is necessary for providing and improving the patients treatment. This includes such things as:
- Providing the patient with the most effective medical treatment.
- Writing reports, letters or legal documents as may be required in the course of the patients treatment regime.
6. FOR WHAT PURPOSES AND TO WHOM WILL OHG DISCLOSE INFORMATION COLLECTED FROM THE PATIENT?
OHG will not disclose information about the patient unless the disclosure is:
• Required by law; or
• Authorized by law
(for example, certain disclosures for the purposes of direct marketing); or
• The patient has consented to OHG disclosing the information.
Unless an above exception applies OHG does not disclose information to any other person or body.
OHG uses the information collected in order to evaluate the patient’s needs and in determining how best to treat the patient.
OHG will only use or disclose information about the patient is it is necessary for the patient’s treatment and, save for those occasions when authorized or required by law, the patients consent in writing will be required. In those instances when the patient is physically or legally incapable of giving consent and disclosure to a third party caring for the patient is necessary to provide appropriate care to the patient, OHG will make such a disclosure unless it is contrary to any previously stated wishes of the patient and only so far as is reasonably required to treat the patient.
Information provided to third parties will only be provided to third parties authorized by the patient to receive the information unless required/authorized by law. These include persons such as qualified health practitioners or administrative staff working for OHG, any organizations who may be authorized to receive relevant updates as to the patient’s treatment and medical condition(s) (e.g. Workcover) or health practitioners independent of OHG whose opinion may be sought in order to further the patients treatment.
7. WILL OHG ALLOW THE PATIENT TO ACESS THE INFORMATION?
The patient is allowed access to the information that OHG has collected about the patient. Access may be gained by contacting the person named in clause 10 of this policy and making a written request for a copy of the patients file. Any written request for access must detail the type of information the patient requires. OHG will not impose a fee on the patient for making a request for access to the information. OHG will provide a written explanation for the refusal within 7 days of the refusal being provided to the patient.
Prior to releasing the information contained within the patients file, OHG will require the patient to complete a release form acknowledging that the patient is in possession of the information.
8. CORRECTING INFORMATION OHG HOLDS ABOUT THE PATIENT
If any information OHG is holding is inaccurate, once the patient has notified OHG of the inaccuracy, OHG will amend its information pursuant to instructions and information provided to OHG by the patient. Any amendment will be completed within a reasonable period after notification of an inaccuracy.
9. IS THE PATIENTS INFORMATION SECURE?
OHG is committed to keeping the patient’s information secure at all times. OHG will take all reasonable precautions to protect the patient’s personally identifiable information from loss, misuse or alteration.
All hard documents (physical records, memoranda treatment, treatment notes, clinical records) are maintained in locked storage. These documents are only available to authorized personnel.
All documents held in electronic form may only be accessed by authorized personnel.
Information no longer required is securely archived or destroyed.
10. CONTACTING OHG
If the patient would like this policy explained to the patient in more detail or would like to access any information OHG holds about the patient please contact:
Optimus Health Group
107/91 Murphy St
Richmond, Vic 3121
11. CONTACTING THE PRIVACY COMMISSIONER OR HEALTH SERVICES COMMISSIONER
If the patient considers OHG has not sufficiently explained to the patient the operation of the relevant privacy legislation and provisions or has not appropriately addressed any concern or query of the patient, the patient may contact the Privacy Commissioner, appointed under the Privacy Act 1998, for information on how to gain personal information or make a complaint by contacting:
The Privacy Commissioner
Telephone: 1300 363 992
GPO Box 5218
Sydney NSW 1042
Alternatively, the patient may contact the Health Services Commissioner, appointed under the Health Records Act 2001 (Vic), for information pertaining to the Health Privacy Principles and how to make a complaint. The Health Services Commissioner’s details are as follows:
The Health Services Commissioner
Telephone: 1800 136 066
30th Floor. 570 Bourke Street
Melbourne, Victoria 3000