1. Introduction

All staff, volunteers and management committee are bound to uphold the Children by Choice Privacy Policy.

Children by choice respects and upholds the rights of individuals to privacy in relation to personal information.

This policy, which applies to all personal information collected, held and used by Children by Choice demonstrates that commitment to privacy.

Children by Choice will comply with the National Privacy Principles contained in the Privacy Act 1988. It does not propose being a party to an “approved privacy code”.

2. Collection

(a) The primary purpose for collecting personal information is to provide a counselling service to women and their significant others and in accordance with the rules pertaining to obligations of professional confidentiality set out by the Australian Psychological Society and the Social Workers Association of Australia.

A secondary purpose for collecting personal information, related to the primary purpose, is to provide statistical evidence of our service activities to the Queensland Department of Health, which is the funding body.

(b) Individuals accessing Children by Choice counselling service, either in person or by any other means will be made aware either at the time the information is collected or as soon as is reasonably possible of the following:

(1)	that personal information is collected;
(2)	the purpose of collection;
(3)	obligations to collect information as directed by the funding body, professional bodies and by Children by Choice policy;
(4)	that there is no obligation on the part of the client to provide any part of the written information the individual does not feel comfortable to provide;
(5)	when personal health information about an individual has been provided to Children by Choice by third parties clients will be informed as soon as is reasonably possible;
(6)	the circumstances under which disclosure of personal information can be made and to whom disclosure can be made (see clauses 3 (c) and 3 (d));
(7)	Children by Choice will, at all times, collect personal information in a manner that is fair and lawful.

Use and Disclosure

(a) Disclosure of personal information will not be made to third parties without the individual’s consent.

(b) Only de-identified information is used for the purpose of statistical evidence of service activities.

(c) Notwithstanding clause 3 (a) disclosure of health information only to third parties without consent can be made under the following circumstances:

In the course of obtaining the best possible health outcome for the individual in circumstances involving advocacy, emotional or welfare support in order to ensure the individual receives appropriate health care when it is not reasonably possible to obtain the individual’s consent and where the disclosure is not contrary to any known wish of the individual of which the Children by Choice staff member is aware, or of which the staff member could reasonably be expected to be aware. Under these circumstances disclosure without consent can be made to:

a parent of the individual;
a child or sibling of the individual who is at least 18 years old;
a spouse or de facto spouse of the individual;
a relative of the individual, at least 18 years old and a member of the individual’s household;
a guardian;
a person who is exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual’s health;
a person who has an intimate personal relationship with the individual;
a person nominated by the individual to be contacted in case of emergency.

(d) Notwithstanding clause 3 (a) disclosure of personal and health information can be made to third parties without consent under the following circumstances:

1.	When disclosure of personal information to third parties is made for the purpose of reducing a serious imminent threat to the individual’s life, health or safety or to the life, health or safety of someone other than the individual. (A serious threat to an individual’s life, health or safety includes: a threat of bodily injury, threat to mental heath, illness or death. Imminent means the threatened harm is about to happen). Prior to disclosure without consent from the individual under clause 3 (d) (1) a concerted effort will be made to discuss the threat in general terms, and whether the proposed use or disclosure is likely to reduce the threat, with a relevant authority dealing with public health or safety.
2.	In cases involving rape, sexual assault, incest, physical and psychological harm, when the individual is 16 years of age or younger. Prior to disclosure without consent from the individual under clause 3 (d) (2) a concerted effort will be made to discuss with the individual whether the benefits of the proposed use or disclosure outweigh the negative impact of the use or disclosure. The aim of this clause is to optimise immediate as well as long-term personal safety for the individual including assistance in referring for legal, medical, advocacy or other relevant services if so required.
3.	To ensure the provision of an effective health - and counselling service disclosure of an individual’s personal information can be made to another member of Children by Choice counselling staff. In the case of an emergency disclosure of an individual’s personal information can be made to members of staff who are not counsellors or to members of the Children by Choice Management Committee
4.	Within the context of professional supervision and with the aim of quality assurance disclosure of an individual’s personal information can be made to an external professional supervisor. External professional supervisors are bound by the code of ethics of confidentiality of their professional body, such as the Australian Psychological Society and the Australian Association of Social Workers or through State legislation.

(e) Whenever possible and as soon as is practical individuals accessing the Children by Choice counselling service, either in person or by any other means will be made aware of all disclosures without consent that may apply to the individual prior to utilising the Children by Choice counselling service.

Data Quality

Any personal information that is collected, used or disclosed is to be accurate, complete and current at the time of collection.

Data Security

Children by Choice aims to protect individuals’ personal health information from misuse, loss, unauthorised access, modification or disclosure. This includes the physical security of the premises, paper-based personal information, computer and network security and personnel security.

Openness

Children by Choice aspire to open and transparent professional relationships and processes with individual consumers and other organisations. To this purpose and in compliance with the Privacy Act (1988) individuals to whom the Privacy Act (1988) applies will be provided with a General Statement on request that sets out clearly expressed policies on personal information management, including the type of personal information held, its purposes, and how it collects, holds, uses and discloses that information.

Access and Correction

(a)

Individuals have a right of access to all the personal information Children by Choice holds about them. In the interest of the individual’s protection of privacy, personal information records can only be inspected if the individual has provided proof of identity.

(b)

Access to personal information is not provided in the following circumstances:

(1)	if providing access would pose a serious 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 for access to personal information is considered frivolous or vexatious
(4)	if the request for access relates to existing or anticipated legal proceedings between an individual and Children by Choice and the information would not be accessible by any other legally possible means

(c)

If access to personal information is not given for any of the above mentioned reasons, mutually agreed intermediaries may be appointed to allow sufficient access to meet the needs of the individual and Children by Choice

(d)

Reasons for denial of access must be provided by Children by Choice to the individual

(e)

If an individual is able to establish that the personal information Children by Choice hold is inaccurate, incomplete or “old” information as at the time of collection, Children by Choice will alter the personal information held.

(f)

If the individual and Children by Choice disagree about whether the information is accurate, complete and up-to-date, and the individual asks that a statement is to be included with the information claiming that the information is not accurate, complete or up-to-date, Children by Choice will endeavour to satisfy the individual’s request.

Anonymity

Wherever practical and lawful Children by Choice will respect an individual’s wish to communicate anonymously.