Charter of Aged Care Rights
The Charter of Aged Care Rights (the Charter) is a requirement of the Aged Care Act 1997. It describes your legislated rights as a consumer of a Government-subsidised aged care service. These rights apply to all consumers, regardless of the type of care and services they receive.
The Charter makes it easy for you, as well as your family, carer or representative, to understand what should be expected from the care and services you receive from your aged care provider.
As an aged care service Yallambee is bound to collect a range of personal information according to the Aged Care Act 1997. The organisation is also bound by the Australian Privacy Principles within the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which amends the Privacy Act 1988 and the Victorian Health Records Act 2001. Both these acts set out the requirements for ensuring systems and processes are in place to appropriately manage personal information.
What personal information do we collect?
Personal details such as:
- name, gender, date of birth, next of kin details, pension status and number
- photograph for identification on records including the medication chart
- medicare number, health fund details if relevant, ambulance membership number, pharmaceutical entitlement, state trustee number if relevant
- financial and banking details relevant for payments as required by the Aged Care Act.
Health information including:
- previous and current physical and mental health conditions and or disabilities
- advance care wishes
- health assessments about physical, mental and lifestyle needs and preferences, an individualised plan of care, ongoing health charting, health professional reports and notes and test results that form the health record.
Sensitive information such as:
- Ethnicity or cultural background
- Religious beliefs and practices
- Sexual preferences.
Please note you have a right not to provide sensitive information if you do not wish to.
How we collect and hold information?
Information is collected using a combination of paper-based forms and computer programs and is stored either as a paper record files or electronic records in our computer system.
Processes are in place to ensure your personal and health information is safeguarded against loss, unauthorised access, modification, or disclosure. For example, record storage areas are always secured with limited access and computer records are password secured with levels of access according to staff role and responsibility.
The building has security cameras located at the front entry and rear exits, the car park and the common areas such as corridors and lounge areas for safety and security. These cameras record images that are kept for 1 month for review should an incident occur. Staff can also monitor the images throughout each shift to identify potential or actual incidents related to resident safety and or security. The cameras and images are not used for any other purpose.
Purposes for which we collect, hold, use, and disclose personal/health information?
Your personal and health information is used by nursing and care staff and visiting health professionals involved in your care such as; medical practitioner/s, physiotherapist, pharmacist, podiatrist to enable them to provide you with care and services appropriate to your needs and preferences. In an emergency information is provided to health professionals for example ambulance officers and locum doctors.
Personal information is also provided on a need-to-know basis to service departments such as catering, cleaning, laundry and maintenance and specialist suppliers like continence aid supplier.
As required by the Aged Care Act the police and the Department of Social Services are informed where a resident is unexplainably missing or if physical elder abuse has occurred. And as required by the Department of Health there is a requirement to report certain illnesses such as gastroenteritis or influenza outbreak.
As an aged care service, we are required by law to communicate some personal information to the Department of Social Services (DSS) to enable the organisation to receive the correct level of funding for the care required and the appropriate running of the service. This information includes personal details about your identity e.g., name, date of birth and health information such as medical conditions, the level of assistance required for activities of daily living and specialised care needs.
The organisation is also bound by law to provide access to your personal and health information to the Aged Care Quality Assessors. The DSS and quality assessors are also bound by the Australian Privacy Principles.
Information is also used to monitor and assess the effectiveness and appropriateness of care through a range of continuous improvement activities including documentation audits, surveys, reviews, staff training and data analysis activities. Such activities are undertaken by managers and staff and in some cases contracted consultants who are all bound by the privacy legislation to maintain confidentiality of your information.
We do not use your personal details to direct market. And it is unlikely that your information will be disclosed to an overseas recipient unless required by law or if requested or consented by yourself for a particular purpose.
How can you access and or correct your information?
The CEO has been delegated as the Privacy Officer for the organisation to assist you with your right to access or correct your personal information held by the organisation. If you have any questions or would like to access or correct information that you believe is incorrect, please write or speak to the Privacy Officer.
The Privacy Officer will inform you of any documentation requirements associated with your request and promptly deal with your request as soon as practicable and within 30 days.
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How to make a complaint?
If you wish to make a complaint about a situation where you believe your personal information has been inappropriately handled or there has been a breach of privacy, please write or speak to the Privacy Officer.
The Privacy Officer will follow the organisation’s Complaints Procedure which involves a response as soon as practicable, and action taken based on a risk assessment and within 30 days. A copy of the procedure is available upon request.
If you are dissatisfied with the response and or the handling of your complaint you may contact the following: