Privacy Policy

Rural LAP is committed to complying with the Privacy Act 1988 (the Act).  The Act is an Australian law which regulates the handling of personal information about individuals. The 13 Australian Privacy Principles (APP) are contained in Schedule 3 of the Act.  The APPs provide guidance on how personal information is to be managed by organisations such as Rural LAP.

Purpose of the Policy

Rural LAP takes its obligations under the Privacy Act seriously and will take all reasonable steps in order to comply with the Act and protect the privacy of the personal information that we hold. This policy sets out how we intend to do so.

Rural LAP may from time to time, review and update this Privacy Policy to take account of new laws or technology, and changes to Rural LAP operations and practices. The Policy applies to candidates, employees, contractors and prospective and existing clients who provide us with their personal information.

Scope

This policy applies to the management of personal information collected by Rural LAP. 

This policy does not apply to employee records.  Employee records are exempt under the section 7B (3) of the Act.

Privacy framework

The APPs are grouped into 5 parts that provide information on how information is to be regulated by Rural LAP:

  • Part 1 - Consideration of personal information privacy (APP 1 & 2)
  • Part 2 - Collection of personal information (APP 3, 4 & 5)
  • Part 3 - Dealing with personal information (APP 6, 7, 8 & 9)
  • Part 4 -  Integrity of personal information (APP 10 & 11)
  • Part 5 - Access to, and correction of, personal information (APP 12 & 13)

Definitions

“Personal information” is any information or any opinions (including that stored in databases), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

“Sensitive information” means:

  • information or an opinion about an individual's:
  • racial or ethnic origin; or
  • political opinions; or
  • membership of a political association; or
  • religious beliefs or affiliations; or
  • philosophical beliefs; or
  • membership of a professional or trade association; or
  • membership of a trade union; or
  • sexual preferences or practices; or
  • criminal record;

that is also personal information; or

  • health information about an individual; or
  • genetic information about an individual that is not otherwise health information.

“Health information” is a subset of personal information and means

  • information or an opinion about:
        - the health or a disability (at any time) of an individual; or
        - an individual's expressed wishes about the future provision of health services to him or her; or
        - a health service provided, or to be provided, to an individual; that is also personal information; or
  • other personal information collected to provide, or in providing, a health service; or
  • other personal information about an individual collected in connection with the donation,  or intended donation, by the individual of his or her body parts, organs or body substances; or
  • genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

“Other workplace participants” means all contractors, subcontractors, and agents of Rural LAP or any subsidiary company or organisations of Aspen Medical (RAHC and Rural LAP).

“Individual” means a person for whom Rural LAP has collected or holds personal information and includes workplace participants and patients.

“Employee” has the same meaning as under the Fair Work Act 2009.

“Employee record” means all records relating to the employment of an individual but excludes workplace emails and other surveillance records.

Kinds of personal information that Rural LAP collects and holds

Job applicants

Rural LAP collects the following types of information from individuals who apply for employment with us:

  • employment history contained in curricula vitae;
  • history of any disciplinary or performance matters;
  • information relating to any investigations and findings of any registration authority or statutory authority relevant to the professional standing of the applicant;
  • qualifications;
  • information to allow for credentialing;
  • information contained in internet searches about the applicant that are relevant to the purposes of assessing for suitability of employment;
  • information from employers, other than the current employer, regarding suitability for employment;
  • insurance-related information;
  • personal and emergency contact details;
  • salary or wage information;
  • health information.

Other Workplace Participants

Rural LAP collects and holds the following types of information about workplace participants:

  • employment history contained in curricula vitae;
  • qualifications;
  • credentialing information of health practitioners;
  • information contained in internet searches about the applicant that are relevant for the purposes of assessing for suitability of engagement;
  • insurance-related information;
  • terms and conditions of engagement;
  • personal and emergency contact details;
  • performance or conduct records;
  • salary or wage information,
  • health information;
  • details of any training; discipline, resignation or termination records.

How Rural LAP collects and holds personal information

Rural LAP will usually collect personal information directly from individuals.

Sometimes, Rural LAP may collect information about individuals from a third party but only where the individual has consented to the collection of information in this way or where it is not reasonable or practical for Rural LAP to collect this information directly from the individual.

Rural LAP holds personal information in a manner that ensures the security and integrity of the information is maintained and that prevents unauthorised access or use.

The purposes Rural LAP collects, holds, uses and discloses personal information

Collects

Rural LAP collects information from individuals so that it can meet the service requirements of its clients.  We collect health information from patients so that we can provide the best possible care.  We collect information from job applicants and workplace participants so that we may determine suitability for engagement and manage the ongoing engagement of workplace participants with Rural LAP.

Holds

Rural LAP holds records in accordance with relevant State and Territory laws.  Rural LAP takes all reasonable steps to ensure the security and integrity of the records.

Hard copy records are kept securely in locked facilities or locked storage units.    Electronic copies are kept secure by limiting access on a need-to-know basis and by using password protected systems.

Uses and discloses

Rural LAP only uses personal information for the purpose for which the information was collected.  APP 6 differentiates between the particular purposes (primary purpose) for which the information was collected and other purposes (secondary purposes).    Where Rural LAP collects information for a primary purpose it will only disclose information for a secondary purpose if the individual has consented to the use or disclosure; or one of the following apply:

  • the individual would reasonably expect the APP entity to use or disclose the information for the secondary purpose and the secondary purpose is:
        - if the information is sensitive information — directly related to the primary purpose; or
        - if the information is not sensitive information — related to the primary purpose; or
  • the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
  • a permitted general situation exists in relation to the use or disclosure of the information by the APP entity; or
  • the APP entity is an organisation and a permitted health situation exists in relation to the use or disclosure of the information by the entity; or
  • the APP entity reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

How an individual may access personal information about the individual that is held by the entity and seek the correction of such information

Individuals have a right to access personal information that Rural LAP holds, subject to exemptions contained within the Privacy Act. Individuals can also request an amendment to their records should they believe that it contains inaccurate information.

Rural LAP will allow access to or make the requested changes unless there is a reason under the Privacy Act 1988 (Cth) or other relevant law to refuse such access or to refuse to make the requested changes. 

If Rural LAP does not provide access to records a reason for this denial will be provided to the applicant.

If we do not agree to change a record in accordance with a request, we will permit an individual to make a statement of the requested changes and Rural LAP will enclose this with the record.

Requests to obtain access to, or request changes to, records can be made to the:

  • Rural LAP Manager for requests relating to personal information in the records of job applicants or other workplace participants, or the

Rural LAP will provide a response to requests for records in a reasonable time.

Rural LAP may recover reasonable costs associated with supplying this information.

How an individual may complain about a breach of an APP and how Rural LAP will deal with such a complaint

If an individual believes that there has been a breach of the APP then Rural LAP will investigate the complaint.  Complaints should be made in writing to the General Manager – Australian Subsidiaries.  Complainants will be notified of the outcome of the complaint in writing within 30 days of receipt of the complaint.

privacy@apenmedical.com.au

Disclosure of personal information to overseas recipients

Rural LAP will not disclose an individual’s personal information to third parties overseas without obtaining the individual’s express consent.