ACCA Privacy Policy

Australian Chinese Community Association of NSW (ACCA) ACN 167 605 227 is committed to protecting the privacy of our clients, volunteers, staff and any other individuals who we deal with. Our Privacy Policy complies with the Australian Privacy Principles outlined in the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

1. Definitions

In this Privacy Policy:

Personal information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion; and

Sensitive information means personal information which includes details of an individual's racial or ethnic origin, religious or philosophical beliefs, employment record, criminal record or health/mental health information and/or other personal information that is ‘sensitive information’ as defined in the Privacy Act.

2. Purpose of Collecting Personal Information

We will only collect, use and disclose personal information for the following purposes unless it is otherwise required or permitted by law:

• to provide one of more of our services;
• to fulfil legal and regulatory requirements;
• to provide data to government agencies in compliance with state or commonwealth law;
• to facilitate internal business operation;
• to liaise with related entities, affiliated organisations and other service providers for the provision of required services; and
• to liaise with family/carer or nominated persons in an emergency or as required for the provision of services.

Personal information of individuals is confidential and will not be used or disclosed without the individuals’ consent, unless the use or disclosure:

• of personal information is for or related to the primary purpose of service provision;
• of sensitive information is for or directly related to the primary purpose of service provision;
• is for a permitted situation under the Australian Privacy Principle exists, (for example to prevent threat to individual’s health or safety or suspect unlawful activity); or
• is otherwise required or authorised by law.

We do not disclose any individuals’ personal information to overseas entities.

3. Kinds of Personal Information Collected

We only collect personal information relevant to the provision of its services or if the information is required by law or government guidelines. We may collect and hold personal information from clients, carers of clients, job applicants, employees, contractors, students, volunteers and other individuals who come in contact with ACCA.

We may collect sensitive information including for example health conditions of clients, police certificates of employees, etc. when it is relevant to the services or required by law.

Individuals have the right to remain anonymous. However, if the individuals choose not to provide information required for service provision, we may not be able provide them with the requested services.

4. Manner for Collecting and Holding Personal Information

Where reasonable and practical, we generally collected personal information directly from the individuals. We may also collect personal information from government departments and agencies, other service providers, health care professionals and family/carers of clients only when it is related to the service provision.

The privacy policy is included in the client handbook and is to be explained to the clients at intake. The privacy policy is explained to the volunteers and staff at orientation. Agreement to this Privacy Policy and consent to disclose personal information as required by the service provision is obtained from clients when they signed the Service Agreement. Individuals should identify any specific parties they do not wish ACCA to obtain from or give access to their personal information. Consent for ACCA to obtain from or give access to personal information can be withdrawn at any time.

Files containing personal information are securely stored and are only accessible by the relevant authorised personnel.

Assessments, reviews and other discussions should be conducted in private between a client and staff unless the client consents for their carer, advocate or other person being present.

If we received unsolicited personal information of an individual and we could not have obtained the information by lawful means, we will destroy or de-identify the information as soon as practicable and in accordance with the law.

5. Clients Right to Access And Correct Personal Information

Individuals can request to access the information that we keep about them and are supported to access this information. However, the identity of an individual has to be established prior to granting access to the requested information. If the individual cannot be satisfactorily identified, we will decline access to the information. Individuals can also nominate authorised representatives to access the records held by us.

We may decline access to information if:

• there is a serious threat to life or health of any individual;
• the privacy of others may be affected;
• the request is frivolous or vexatious;
• the information is related to legal proceedings;
• the access would be unlawful

We will provide the reason for declining request to access information in writing.

We aim to ensure that the personal information we hold is accurate, complete and up-to-date. Individuals should contact us if they believe the personal information we hold is inaccurate, incomplete, out-of-date, irrelevant or misleading; or if any of their personal information has changed.

6. Privacy Enquiries or Complaints

Any questions, feedbacks or concerns about this policy or how personal information is handled can be forward to the head office of ACCA:

• Tel: (02) 9281 1377
• Fax: (02) 9281 1603
• Email: info@acca.org.au
• Mail: PO Box K489, Haymarket NSW 1240

Alternatively, advices can be sought from Office of Australian Information Commissioner by calling 1300 363 992.

As far as possible, the fact that a client has lodged a complaint and the details of that complaint are kept confidential amongst staff directly concerned with its resolution.  Similarly, information on disputes between a client and a staff member or a client and a carer is kept confidential.  The client’s permission is obtained prior to any information being given to other parties whom it may be desirable to involve in the resolution of the complaint or dispute.

A copy of this Privacy Policy is available on the ACCA website at www.acca.org.au. If the Privacy Policy is required in a different form, for example, in hard copy, please request from the head office. All reasonable steps will be taken to provide the Privacy Policy in the form requested.