At Thrive Rehab we are committed to providing and maintaining quality services, and respect and manage your privacy. This document outlines the ways we collect, use, disclose, store, secure and dispose of information is in line with legislation and standards.
Scope
This policy includes how we share information with support coordinators and other allied health providers and other services as appropriate.
What is personal Information and why do we collect it?
Personal information is information that identifies an individual. We collect names, addresses and phone numbers through conversation, correspondence and public sources. When I collect information we will, where appropriate and where possible, explain why I am collecting the information and how we plan to use it.
What is sensitive information and why do we collect it?
Sensitive information includes information or opinion about a person’s disability, health, relationships, culture or beliefs. (Under legislation, information about a person’s disability is also considered health information). I only share this:
with consent
where required or authorised by law.
You choose what information you provide. However, incorrect or incomplete information may affect service quality, or may make it impossible to offer a service.
Who is an authorised person and how do we work with them?
We will try to collect information directly from yourself, but may also get information from authorised people. This may be family, planners, case coordinators, or someone with guardianship or power of attorney. We will take reasonable steps to ensure you are made aware of information provided, and only provide them information if you have agreed to this using the Sharing Information Form.
Disclosure of personal information
We will only disclose information to you, or people who are authorised by you. Your information may only be disclosed where:
I have written consent required or authorised by law.
Security of personal information
Your information is stored securely and protected from unauthorised access. Information will be kept for a minimum of seven years. When your information is no longer needed, we will take reasonable steps to securely destroy it.
Access to your personal information
You may access the information we hold about you. Please write to us if you wish to access your information. We will not charge a fee for your request, but may charge a fee for providing a copy. In order to protect information we will require identification.
Maintaining your personal information
It is an important to us that your information is up to date. We will take reasonable steps to make sure that your information is current and complete. Please let us know if your information changes so we can update our records and ensure we can continue to provide quality services.
Notifiable Data Breach
Organisations that suspect a data breach must undertake an assessment within 30 days. If a breach occurred, and is likely to result in serious harm to an individual affected, the individual and the Australian Information Commissioner must be notified. Notification must include:
the identity and contact details of the organisation
a description of the data breach
the kinds of information concerned
recommendations about the steps individuals should take in response to the data breach.
The notification to the Commissioner should be made using the Notifiable Data Breach form.
Translators for people with hearing or vision impairments, or people from linguistically diverse backgrounds, must maintain privacy in line with this policy. Generally they are bound by confidentiality within their contract arrangement.
Privacy Policy questions and feedback
If you would like a copy of this policy, or if you have any privacy questions or feedback, please contact us Thrive Rehab.
There are other organisations you can contact in relation to management of your information. These include:
Disability Services Commissioner
Level 30, 570 Bourke Street, Melbourne Vic 3000; 1800 677 342 (free call from land lines)
1300 726 563 (TTY); complaints@odsc.vic.gov.au
Health Complaints Commissioner
26th Floor, 570 Bourke Street, Melbourne Vic 3000 1300 582 113
hcc@hcc.vic.gov.au
Victorian Equal Opportunity and Human Rights Commission
204 Lygon Street, Carlton Vic 3054 1300 292 153
Office of the Australian Information Commissioner (OAIC)
1300 363 992; enquiries@oaic.gov.au
Office of the Victorian Information Commissioner (OVIC)
1300 666 444; privacy@cpdp.vic.gov.au
Victorian Equal Opportunity and Human Rights Commission
204 Lygon Street, Carlton Vic 3054; 1300 292 153
National Relay Service
For people who are deaf, hearing impaired or speech impaired 1300 728 187 (local call from land lines)
1800 555 677 then 1800 677 342 (TTY users)
1800 555 677 then dial 1800 677 342 (speak and listen users)
Legislation, Standards and Agreements
The following legislation applies to this policy and supporting documentation:
Charter of Human Rights and Responsibilities Act 2006 (Vic)
Disability Act 2006 – (Victoria)
Health Records Act 2001 – (Victoria)
National Disability Insurance Scheme Act 2013 (Cth) Privacy Act 1988 – (Commonwealth)
Privacy and Data Protection Act 2014 – (Victoria)
The following Standards apply to this policy and supporting documentation:
Australian Privacy Principles
National Standards for Disability Services (DSS) – 2013 NDIS Provider Toolkit and SDA requirements
The following are useful privacy resources:
Form Downloads
Commitment
Thrive Rehab is committed to providing and maintaining quality occupational therapy services. Feedback is one way I can reflect on what I do and improve. The purpose of the policy is to:
provide an environment of respect and open communication
manage all feedback in a consistent, fair, and timely way
outline roles and responsibilities
reach satisfactory outcomes
meet legislative and requirements
use feedback to improve.
Scope
This policy relates to provider – Thrive Rehab
Definitions
The following definitions are relevant to this policy:
Acknowledge
is to validate the person’s feelings.
Apology
is saying sorry.
Complaint
is a statement that something is not ok, where a response is expected. It can be verbal or written.
Compliment
is expression of praise, encouragement or gratitude.
Concern
is something that is of importance to someone or may cause them anxiety.
Feedback
is information from someone about their experience. It includes concerns, complaints, compliments and suggestions.
Issue resolution
is the agreed way to resolve complaints, disputes or matters of concern. Mediation is where a neutral party tries to bring about a positive resolution or compromise.
Natural justice
is making sure decision-making is fair and reasonable. It involves decision- makers informing people of a complaint that involves them, hearing their story, not having a personal interest in the outcome, and acting on evidence and logic.
Notifiable
concern or complaint is one that requires government be notified by law.
Suggestion
is an improvement idea for consideration.
Vexatious
claim is pursued to harass, annoy or cause issues.
Feedback
We welcome feedback to grow and improve. Feedback can be verbal or written. We may also survey people to get feedback.
While compliments are nice and easy, it is also ok to raise a concern or make a complaint. This is important, as it helps us to learn and improve our service.
No one will be treated differently because of a complaint. Everyone involved will be treated with respect, and confidentiality will be maintained.
Information relating to feedback will be documented and stored securely. Details relating to concerns or complaints will be treated confidentially.
If someone wishes to offer compliments or suggestions anonymously their confidentiality will also be respected.
Maintaining your information
In line with our Privacy Policy, privacy of personal information is maintained and information is stored securely.
Everyone involved in a complaint process must maintain confidentiality.
Responsibilities
Clients and their families are responsible for:
communicating concerns as soon as possible
trying to resolve a complaint by speaking respectfully with the person involved
raising any unresolved matters
being respectful if someone wants to discuss feedback
maintaining confidentiality
cooperating with requests to meet or provide relevant information when requested in relation to complaints
not make vexatious claims.
We, as the provider are responsible for:
working in line with this policy
ensuring that people understand their rights, and their right to an independent support person or advocate if they choose
promoting open communication and learning from feedback
being respectful if someone wants to discuss feedback
listening, acknowledging and responding to feedback
focusing on positive solutions
respecting independence and choice
documenting feedback
sharing constructive feedback
maintaining confidentiality.
Feedback Policy questions and feedback
If you would like to provide feedback, you can fill in the complaints form (linked below), you can speak with your therapist directly during or following a therapy session, you can send an email directly, or you can contact the NDIS Quality and Safeguards Commission. Information and links are provided below if you need support to provide feedback.
If you would like a copy of this policy, or if you have any privacy questions or feedback, please contact us at:
admin@thriverehab.com.au
www.thriverehab.com.au
Support to provide feedback
If you need help to make a complaint, you can contact the National Disability Advocacy Program and follow the link to find an advocate in your area.
If you aren’t happy with how we have managed your complaint you can contact the NDIS Quality and Safeguards Commission (NDIS Commission). The NDIS Commission is an independent Commonwealth agency that is in charge of checking the quality and safety of NDIS supports and services.
You can contact the NDIS Commission by:
Phoning 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
Visiting their website www.ndiscommission.gov.au
Victorian Equal Opportunity and Human Rights Commission
204 Lygon Street, Carlton Vic 3054; 1300 891 848
1300 289 621 (TTY) or submit your complaint online.
Legislation, Standards and Agreements
The following legislation applies to this policy and supporting documentation:
Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Disability Act 2006 (Victoria)
Disability Discrimination Act 1992 (Commonwealth)
Health Records Act 2001 (Victoria)
Freedom of Information Act 1982 (Commonwealth)
National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Commonwealth)
Privacy and Data Protection Act 2014 (Victoria)
Victorian Civil & Administrative Tribunal Act 1998 (Victoria)
The following Standards apply to this policy and supporting documentation:
Child Safe Standards
NDIS Provider Toolkit and SDA requirements
United Nations Convention on the Rights of Persons with Disabilities (2006) (CRPD)
The following resources apply to this policy and supporting documentation:
NDIS – Feedback, and complaints
Form Downloads
Commitment
Thrive Rehab is committed to providing and maintaining quality client centred practice, and this policy outlines how we detect and manage incidents.
This policy applied to services and supports provided to clients.
What is an incident?
An incident is broadly defined as:
any event or circumstance that resulted, or could have resulted, in unintended and/or unnecessary harm to a person, or loss or damage to property.
a near miss which did not cause harm but had the potential to do so.
any event which deviates from standard policy or procedure anything illegal (e.g. fraud, sexual misconduct or assault)
Our obligation
We are committed to ensure the rights of people with disability are supported and upheld.
We will foster a culture of continuous improvement with a proactive approach to preventing incidents
We aim to provide a high standard of duty of care and to ensure the safety and well-being of each clients using our services.
if an incident occurs, we will promptly and appropriately respond to the incident in an equitable, objective and fair manner
We will record all incidents, report (if required) and investigate (if required).
We will ensure the principles of procedural fairness are maintained by providing those affected an opportunity to give their side of the story and to comment on any adverse views
We will maintain an incident management system to aid in recording, managing and resolving incidents
the incident management policy and process are provided to clients at any time by request.
Organisational responsibilities when responding to incidents
When responding to an incident it is the organisation's responsibility to:
immediately respond to an incident to ensure the safety and wellbeing of participants and others at risk
report to police (if appropriate)
contact relevant support services e.g. sexual assault support services (if appropriate)
preserve evidence of the incident
notifying relevant next of kin, family or guardian (as appropriate)
plan and undertake actions to provide ongoing support to those affect by the incident
document key actions undertaken in an internal incident report
record incidents in an internal incident register.
Reporting incidents
Incidents that must be reported to the NDIS Quality and Safeguards Commission include any incident that involves:
the serious injury of a participant
abuse or neglect of a participant
the death of a participant
unlawful sexual or physical contact with, or assault of, a participant
sexual misconduct committed against, or in the presence of, a participant, including grooming for sexual activity
unauthorised use of a restrictive practice in relation to a participant.
Other incidents may require reporting to other agencies, for example:
data breach or breach or personal information (OAIC)
Any incident involving crimes such as assault, theft and fraud must be reported to police.
Responsibilities of service provider
resolving incidents
recording serious incidents
managing escalated incidents and serious incidents
reporting serious incidents to the NDIS Quality and Safeguards Commission
responding to any media enquiries
investigating incidents or arranging an external investigator to investigate
reviewing incidents and instigating improvements.
record all incidents or near misses in the internal incident register to assist with preventing further incidents and continuing to improve services
Forms
Complaint form
Documents
The following resource applies to this policy and supporting documentation:
NDIS (Incident Management and Reportable Incidents) Rules 2018
Form Downloads
Commitment
Thrive Rehab is committed to providing and maintaining quality services, and this policy outlines how we identify and manage risks.
Scope
This policy applies to supports and services provided to all clients.
What is risk management?
Risk management involves identifying and managing risks.
This includes a wide range of risks including risks to the service's operation, to myself as the provider and to clients.
Risks are inevitable but risk management aims to reduce the chance of a particular event from happening. If it does happen, risk management helps to reduce its impact.
Benefits of risk management can include:
reduced service downtime
reduced loss of cash flow
reduced injuries or illness to clients and myself
increased health and well-being of clients
increased innovation, quality and efficiency through continuous improvement.
Identifying risks
Risk is the combination of the likelihood (chance) of an event occurring and the consequences (impact) if it does.
Risk management aims to increase the likelihood and impact of a desirable outcome as much as possible. Risk identification is the process of finding, recognising and describing risks.
Client risk management
Identifying risks to clients is an important part of providing supports and services.
Identifying risks to clients and regular reviews of those risks is an ongoing process.
Regular reviews help to ensure risk management strategies in place are effective and that they adequately address identified risks.
With this in mind:
risk assessments for new clients must be conducted during initial assessment process
risk assessments for existing clients may be conducted every 12 months (at plan review) or more often if there are changes in the client's needs
Risk management should consider strategic risks. This includes identifying and managing risks related to the service achieving its business objectives.
Compliance risk management
Ensuring the business operates within the law carries its own compliance risks. These risks must be identified and assessed under a risk management framework. Examples of compliance risks may include:
unregistered and/or uninsured company vehicles
fulfilling reporting requirements to comply with legislation or funding agreements
service provider operating outside their authority
activities that are outside the business' constitution.
Compliance risks must be eliminated entirely unlike other types of risks where elimination may not be possible.
The steps to manage risks for participants are:
Identify risks: Identify risks specific to each individual participant
Assess risks: Understand how likely it is to happen and how bad it could be
Control risks: Implement appropriate lifestyle plans to lessen the likelihood and/or amount of harm
Review control: Check and ensure risks are under control and there are no new risks
Responsibilities of service provider
We, as the service provider should:
follow client risk management plans, as required
support clients to communicate and self-advocate if the client requests or requires support
assist the client, if they request or require support, to maintain a risk management plan as safety needs change
inform the relevant parties (ie. NOK, support coordinator, GP, police etc) as appropriate of any changes to a client’s safety needs
seek support from relevant parties (as above) to manage a risk, if required
collaborate with relevant parties when concerns about risk management
escalate to appropriate parties (as above)
be actively engaged to work through risk management issues
have a basic understanding of NDIS Quality and Safeguarding Framework
have a basic understanding of relevant WHS policies.
Duty of care
Providing a duty of care to clients involves ensuring adequate care is taken to avoid injury.
When assessing activities or situations for possible injury, we should keep in mind:
what is already known about a client’s capacity to carry out similar activities safely
what is known about a client’s awareness of what risks might be involved and how to avoid them
what is known about the dangers involved in the activity and whether the client can deal with them
what can be learnt from relevant assessments or reports about the client’s abilities and skills.
The client, Thrive Rehab and others important people to the client should work cooperatively to develop strategies and to identify solutions for issues that challenge duty of care for all involved and dignity of risk to client.
In order to achieve this, we must:
take all steps to avoid harm
understand the client’s capacity for making decisions about the risk being managed
ensure that relevant legislation, policies and procedures are part of decision-making processes
provide information to the client, other workers and family about any risks, duty of care obligations and the client’s right
to experience and learn from risk taking
develop lifestyle plans in consultation with the client, family, friends and support workers, and commence with the least restrictive option for the client
facilitate discussion with the client about the consequences of particular choices
communicate with the client, family or guardian at each stage of support and document all actions, communications and decisions document decisions by a client or their representative, to continue behaviour they believe is reckless
review how support is provided from a work health and safety perspective if support workers are affected by a decision
record the reasoning behind risk management decisions, including background, decisions, issues and solutions why some strategies were adopted, and others rejected.
Breach of duty of care
we must always provide appropriate standards of care
if it is proven that I to have not provided the appropriate standard of care, this is a breach of duty of care
a breach of duty of care is any case where I have done something I should not have done or failed to do something I should have done—such a breach may potentially result in harm or injury to another person and a finding of negligence
all suspected incidents of breach of duty of care should be investigated
Risk Policy questions and feedback
If you would like a copy of this policy, or if you have any privacy questions or feedback, please contact us at:
www.thriverehab.com.au
admin@thriverehab.com.au
Documents
The following resource applies to this policy and supporting documentation:
NDIS (Provider Registration and Practice Standards) Rules 2018
Form Downloads