Privacy, Dignity and Confidentiality

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The Multicultural Disability Advocacy Association (MDAA) recognizes and respects the right of consumers to privacy, dignity and confidentiality in all aspects of their life.

We treat everyone who uses our services with respect.

A) Policy

In line with MDAA's Constitution we work to ensure that:

"All people who are of a non-English speaking background with a disability and their families/ carers are individuals who have the inherent right to respect for their human worth and dignity."

Everyone who requests information or has any other form of contact with MDAA will be treated with respect. In accordance with the Privacy Act 1988 enacted by the Commonwealth Parliament, only relevant information will be collected and maintained and only non-identifying statistical information relating to a person's dealings with MDAA will be made public. All other information about the person, their family or carer will be treated confidentially.

All confidential information is kept in locked filing cabinets at MDAA's premises. Access is restricted to the person concerned, their advocate and the advocate's supervisor. Confidential information will only be released to other parties with the consent of the person/s concerned; or if ordered by a court; or if the person's life is in danger; or if a child is involved and the child is at risk.

B) Practice

To make sure we protect your privacy, dignity and confidentiality we will do the following:

1. The only things we ask about you will be important things, so we can do the best advocacy job for you. We will ensure that we only keep up to date information and we will destroy your file 5 years after it has been closed. Your 'file' includes details recorded on the MDAA database on our computer. Your advocate will check the accuracy of your details whenever they speak to you. If you tell us there is a change or a mistake in any of the details on your file, your advocate will change it or correct it straight away.

2. Information that is available to the public on advocacy data and profiles (for example, statistics/ reports) will not include any of your personal details.

3. You have a right to talk to us only about things you want to. You can read any information we keep about you on your file, including details on our computer (see the attached 'Individual Intake Form'). You can also make notes or a copy of any document from your file if you wish. Your paper file is kept in a locked cabinet. Advocates and their supervisors are the only people from MDAA who can read your file, unless you give us written permission (see point 3 on the attached 'Authority Form'). If you would like to read your file, please talk to your advocate, so that a time (no later than 2 weeks after your request) can be arranged. Access to your file is free.

4. The Privacy Act sets out the circumstances in which a person may be denied access to information on their file. The main circumstances are where:

• the life or health of any person could be threatened
• the privacy of other people could be unreasonably impacted
• the request is frivolous or vexatious
• legal proceedings or negotiations with the person could be compromised
• access is prohibited by law
• access could compromise criminal investigations or endanger public revenue.

It is unlikely that any of these circumstances would apply to prevent a person from getting access to information on their file at MDAA.

5. Advocates and their supervisors will not discuss or share any of your information with other staff or anyone else, unless you have given written permission. You give this by signing the 'Authority Form' (attached). The only time we will discuss your information with anyone without your permission is if you are at risk: that means if you are in a situation where you are in danger of losing your life or harming someone else; or if there is a child involved and the child is at risk.

6. If you are unable to give informed consent, we will seek the consent of your guardian/ primary caregiver before disclosing any information about you. We will not disclose any information about you without their consent.

7. If an interpreter is used, their name and the agency they came from will be recorded on your file.

8. All incoming Management Committee members and staff will be provided with training on MDAA's 'Privacy, Dignity and Confidentiality' policy.

9. Staff and Management Committee members sign confidentiality agreements when they start at MDAA. The agreement explains their individual responsibilities as well as those of MDAA. Staff members are encouraged to seek advice from their supervisors at any time to clarify any practice or situation.

10. MDAA will use consumer information that does not identify individuals to assist us in planning, service review and evaluation.

11. If you would like any further information about MDAA's privacy policy you are welcome to ask your advocate or the Assistant Director.

12. If you believe anyone at MDAA has breached your privacy you can give feedback or make a complaint by contacting the Assistant Director.

To sum up, you have the right to:

• Know what information is kept about you.
• Ask for a copy of your file.
• Know who else has access to your file.
• Complain/ give feedback if you believe MDAA has breached your privacy.

Date Introduced: August 1998
Signed: Gustav Gebels
Reviewed: August 1999, August 2000, March 2001; September 2002; February 2003
Date Reviewed: September 2004

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