Privacy and Grievance Policies

Privacy Policy

Purpose

This policy formally recognises each client's right to privacy and confidentiality. The Privacy and Confidentiality Policy is intended to protect individuals from harm that may arise from misuse of their personal information. It also enables services to collect information they need to perform their activities and/or functions — people are usually more willing to provide full and frank information if satisfied that it will be treated in confidence.

Our Values

BrainLink Services Limited works on the philosophy that the wellbeing and needs of those affected by acquired brain injury or other neurological disorders and their carers take first priority — BrainLink CARES: Commitment, Accountability, Respect, Equality and Support. Every effort is made to inform and educate health and welfare services, and the community, about the effects and implications of acquired brain injury, and the needs of the individuals affected. BrainLink staff work as a team, sharing tasks as necessary for the wellbeing of all staff and the smooth running of the service.

Relevant Legislation

Disability Act 2006 (Section 39); Health Records Act 2001; Information Privacy Act 2000; Freedom of Information Act 1982; Ombudsman Act 1973; Parliamentary Committees Act 1968; Subordinate Legislation Act 1994; Victorian Civil and Administrative Tribunal Act 1998; Public Records Act 1973.

When to Use this Procedure

The Privacy and Confidentiality Policy should be incorporated into the everyday running of services in the organisation; and staff should be mindful of the policy in all dealings with clients and any other contractors or key stakeholders.

The right to privacy and confidentiality will be protected in the following ways:

  • The dignity and privacy of each client is protected during any interaction.
  • Clients are not watched, listened to or reported upon without consent.
  • Staff recognise that their role is one of empowering the client in his or her home, workplace or other living situation (eg. Supported accommodation).
  • Clients are given the option of not identifying themselves.
  • Clients are able to choose whether or not to discuss their feelings, relationships, or other aspects of their private lives.
  • Staff interact with clients in a manner which reinforces the client's self-esteem.
  • Staff are sensitive when discussing an individual's personal details with any other party and are aware of their duty of confidentiality to the client.
  • Written information about a client is to be limited to that which is relevant and necessary to the individual's involvement with the services of BrainLink Services Limited. Staff must make sure personal information is accurate, complete and up-to-date; individuals have a right to seek access to their personal information and make corrections.
  • Clients are not to be the focus of public attention without their prior written consent.
  • The use of any information is limited to the client and the staff who need to use it. It is then to be stored securely and only accessible to those particular staff.
  • Written information is not kept longer than necessary or longer than required by legislation. This information is to be destroyed after that time.
  • Clients are to be made aware of the information kept about them, and their written or verbal permission must be sought prior to releasing any information.
  • Staff must refrain from engaging in gossip or unnecessary discussion about the client and their families.

If a client feels that their privacy has been in any way breached, BrainLink Services Ltd encourages the party to approach the organisation, as per our Grievance Procedure (see below). If the issue cannot be resolved by following this procedure, the party is entitled to lodge a complaint with the Office of the Victorian Privacy Commissioner.

The Privacy Policy and Grievance Procedure are available for public view on the BrainLink website and in hard copy by request from the Administration Desk, 1800 677 579.

-- May 2007

Grievance Policy

Purpose

To provide the organisation with a system to receive and resolve complaints about BrainLink operations and services.

Our Values

BrainLink Services Limited works on the philosophy that the wellbeing and needs of those affected by acquired brain injury or other neurological disorders and their carers take first priority — BrainLink CARES: Commitment, Accountability, Respect, Equality and Support. Every effort is made to inform and educate health and welfare services, and the community, about the effects and implications of acquired brain injury, and the needs of the individuals affected. BrainLink staff work as a team, sharing tasks as necessary for the wellbeing of all staff and the smooth running of the service.

BrainLink Services Limited will take all reasonable steps to ensure that our clients are not adversely affected because a complaint has been made by them or on their behalf and that their concerns are given appropriate attention and resolution.

Relevant Legislation

Disability Act 2006 — Division 5, “Complaints to Disability Service Providers”

When to Use this Procedure

The Grievance procedure shall be used by clients, volunteers or employees of BrainLink Services Limited, where a matter cannot be resolved by informal discussion and the matter relates to BrainLink's duties to its clients or other legal or ethical obligations. BrainLink's Disciplinary Procedure policy should be used for any employment related issues.

The Grievance Procedure will be as follows:

  • The person with the grievance shall set out the nature of the grievance in writing.
  • The person with the grievance shall meet with the person against whom the grievance is held to discuss the matter.
  • A copy of the letter shall be sent to the Chief Executive Officer

If the Grievance cannot be resolved:

  • A further meeting will be held between parties and the Chief Executive Officer, to clarify the issues and seek to mediate a solution.

If the Grievance still cannot be resolved:

  • The Chief Executive Officer shall raise the matter with the Board of Directors of BrainLink Services Limited.
  • The Board shall establish a sub-committee of the Board to meet with the parties and seek to resolve the issue.
  • The Chief Executive Officer may attend that meeting, unless the parties request otherwise in writing.
  • The Board shall have the discretion to implement the Disciplinary Procedure against a staff member, request that a volunteer cease working for BrainLink Services Limited, cease providing services to a client (provided another service provider is suggested), and other such reasonable powers as are necessary to assist it in resolving the dispute.
  • If the grievance still cannot be resolved, the matter shall either be referred to an external body agreed between the parties for mediation. The person with the grievance may make a complaint to the Disability Services Commissioner — a) orally; or b) in writing; or c) by any other means which is appropriate in the circumstances. For further information on this process see Section 111 of the Disability Services Act 2006.

An advocate may represent the parties at any stage of the Grievance Procedure.

The Grievance Procedure is available for public view on the BrainLink website and by request from the Administration Desk, 1800 677 579.

-- April 2007

Back to top

                                                   Updated 27th September, 2007