1. Policy statement

This Privacy Policy sets out the guidelines that Helping Community Solutions is committed to in protecting and upholding the rights to privacy, dignity and confidentiality of all children and young people in our care, their families, parents, guardians, carers and advocates, as well as staff, contract workers, agency staff, volunteers, directors, donors, business partners and the representatives of government agencies and community sector organisations we work with, including the Department of Communities.

Helping Community Solutions is bound by the Privacy Act 1988, which sets out 13 Australian Privacy Principles (APPs) regulating how Helping Community Solutions collects, holds, uses and discloses personal information, and how an individual may access and correct personal information held about them. We also handle information relating to children and young people in the CEO’s care in accordance with the confidentiality requirements of the Children and Community Services Act 2004 (WA) and our funding agreements with the Department of Communities.

This document sets out how we collect, manage, store and use personal information, and how we may disclose information in the delivery of our services, including care arrangements. This policy applies to all records, whether hard copy or electronic.

2. Our principles

Helping Community Solutions will:

  • Meet its legal and ethical obligations as an employer and community sector organisation to protect the privacy of the children, young people and families we support, and our staff.
  • Require staff, directors, volunteers and the children, young people and families we support to sign a Confidentiality Form demonstrating their understanding of their rights and responsibilities in protecting the privacy and confidentiality of personal information, and educate all staff, directors and volunteers on what is required to meet these obligations.
  • Ensure the children, young people and families we support and our staff are provided with information about their rights and responsibilities regarding privacy, dignity and confidentiality, consistent with the Charter of Rights for Children and Young People in Care.
  • Use fair and lawful ways to collect personal information, only with the consent of the individual or, for children and young people in the CEO’s care, the consent of the Department of Communities or another person with lawful authority.
  • Collect and store only personal information that is necessary for the functioning of the organisation and the delivery of care arrangements and other services.
  • Ensure the children, young people and families we support and our staff know what personal information is held, the purposes it is held for, how it is collected, used and disclosed and who has access to it.
  • Take reasonable steps to ensure that personal information collected or disclosed is accurate, complete and up to date.
  • Enable the children, young people and families we support and our staff to access and review their information, and update or correct any wrong information about themselves.
  • Take reasonable steps to protect all personal information from misuse, loss and unauthorised access, modification or disclosure.
  • Ensure staff have access only to the client files or other personal information necessary to undertake their usual duties.
  • Instruct staff on the process and approval requirements for releasing information, including information shared with the Department of Communities and the child’s care team.
  • Provide the children, young people and families we support and our staff with privacy and dignity when discussing matters of a personal or sensitive nature.
  • Destroy or permanently de-identify personal information that is no longer needed, or once legal and contractual record-retention requirements, including those relating to records of children in care, have expired.
  • Adhere to all requirements under the Privacy Act 1988, including the Australian Privacy Principles under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Privacy Amendment (Notifiable Data Breaches) Act 2017, and handle information about children and young people in the CEO’s care in accordance with the Children and Community Services Act 2004 (WA).

3. Detailed information on our privacy principles

3.1 Personal and sensitive information we hold and collect

Helping Community Solutions collects personal and sensitive information only where this is necessary to provide services and care arrangements, fundraise or conduct its business lawfully and ethically.

This includes personal and sensitive information about the children, young people and families we support and our staff that is reasonably necessary for, or directly related to, the services we provide or our functions and activities.

We will ask for consent before using information for a purpose other than the one for which it was originally collected. For children and young people in the CEO’s care, consent may be provided by the Department of Communities or another person with lawful authority.

The nature and extent of the information we collect varies depending on your interaction with us. Reasons may include maintaining our relationship, service provision and care planning, enquiries, research, fundraising and legal compliance.

3.2 Types of information collected

Personal information is information or an opinion that identifies an individual. Examples of personal information we collect include:

  • name
  • date of birth
  • signature
  • addresses
  • email addresses
  • telephone and facsimile numbers
  • bank account details.

We collect your personal information for the primary purpose of providing our services to you. We may also use it for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.

Sensitive information is defined in the Privacy Act as information or opinion about such things as medical records, an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, or health information.

Sensitive information will only be disclosed for the primary purpose of collection, or with the consent of the individual or the person with lawful authority to consent on their behalf.

3.3 Storage, retention and disposal of personal information

Helping Community Solutions takes reasonable steps to protect and store the personal and sensitive information we hold against misuse, interference, loss, and unauthorised access, modification and disclosure.

These steps include password protection for electronic systems, securing hard-copy files in locked cabinets, and applying physical access restrictions. Only authorised personnel are permitted to access our systems and controlled premises.

Some information is required by law or by our funding agreements to be retained after a person we support or staff member has left Helping Community Solutions (for example, employee records and records relating to children and young people in care). When your information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify the records in line with record-keeping legislation, our obligations to the Department of Communities and the Xanadu Group’s records procedures. Overseas data transfer will only happen with your consent, ensuring compliance with the Privacy Act.

3.4 Data security and protection of information

Your personal information is stored in a manner that reasonably protects it from misuse, loss, and unauthorised access, modification or disclosure.

We work to reduce any breach of personal or sensitive information by conducting formal audit testing of our IT systems and processes, and by educating our staff.

Our website collects data to enhance the user experience. This may include form submissions, emails, and cookies for tracking. Cookies enhance website functionality and may be used for remarketing. Where your data is used for marketing purposes, you will be given the option to opt out. Website interaction data is used to improve the website.

3.5 Third party disclosures

Where reasonable and practicable, we will collect your personal information only from you. In some circumstances we may be provided with information by third parties, including the Department of Communities as part of a Care Arrangement Referral; in such a case we will take reasonable steps to ensure you are made aware of the information provided to us, where appropriate.

We may need to disclose your personal information to a third party; however, this will be done with your consent, or under one of the circumstances outlined in the APPs, or as authorised or required under the Children and Community Services Act 2004 (WA), including information shared with the Department of Communities and the child’s care team for the purposes of a child’s safety, wellbeing and care planning. We will not sell your data or personal details, including email addresses, to third parties.

3.6 Requesting access to or correction of personal information

Requests to access or correct personal information are preferred in writing so that we can review them promptly. On receipt of a written request, we will take steps to correct personal information in line with the APPs.

If an individual requests access to the personal information we hold about them, we will review and consider the following before releasing it:

  • whether the request relates to the personal information of the person making the request;
  • whether the request could have an unreasonable impact on the privacy of other individuals;
  • whether providing access could pose a serious threat to the life, health or safety of a person, or to public health or safety;
  • whether the request relates to existing or anticipated legal proceedings;
  • whether access would be unlawful;
  • whether a denial of access is authorised or required by law, including under the Children and Community Services Act 2004 (WA);
  • whether access would prejudice an action in relation to suspected unlawful activities, or misconduct of a serious nature relating to our functions or activities;
  • whether access could disclose a commercially sensitive decision-making process or information; or
  • any other reason provided for in the APPs or the Privacy Act to deny access.

If we deny access to information, we will set out our reasons in writing.

Contact us

For the children, young people and families we support, and general enquiries: [email protected] or 1300 905 166. 

Staff can make requests via their Line Manager.

3.7 Privacy complaints and breaches

In line with our privacy management procedures, if we become aware that the privacy of a person to whom this policy applies has been breached, we will notify the affected individual immediately and inform the Office of the Australian Information Commissioner, in line with the Privacy Act’s notifiable data breach requirements. Where a breach involves information about a child or young person in the CEO’s care, we will also notify the Department of Communities.

The notification to individuals will include recommendations about the steps they should take in response to the data breach, along with the steps we have taken to contain and remediate the systems, processes or practices involved.

If you have a complaint about our privacy practices, or our handling of your personal or sensitive information, you may notify Helping Community Solutions. All efforts will be made to address complaints and achieve an effective resolution within a reasonable timeframe. In most cases this will be within 30 days, or as soon as practicable; however, if the matter is complex, resolution may take longer. All complaints and outcomes will be recorded. If you are unsatisfied, you may wish to contact the Australian Information Commissioner.

3.8 Additional resources for staff

Further information for staff on managing privacy requests or information is provided in our internal privacy management procedures, which can be accessed by liaising with HR.

4. Contact us

If you have any queries or complaints about our Privacy Policy, or wish to access your personal information, please contact [email protected] or 1300 905 166.

5. Responsibilities and delegations

5.1 Scope

This policy applies to all children, young people and families we support, parents, guardians, carers, advocates, staff, contract workers, agency staff, volunteers, directors, donors, business partners and the representatives of government agencies and community sector organisations we work with.

5.2 Responsibilities

Each line manager is responsible for ensuring staff, supported employees and the people we support are familiar with this policy, receive appropriate training, and have sufficient skills, knowledge and ability to meet its requirements. All staff are accountable for complying with the requirements of this policy.

5.3 Consultation

Operations Manager, Risk Manager, Human Resources Manager, Compliance Officer.

6. Policy context

6.1 Relevant standards

  • National Standards for Disability Services: Standard 1 – Rights
  • National Standards for Out-of-Home Care
  • Better Care, Better Services: Standards for Children and Young People in Protection and Care
  • Charter of Rights for Children and Young People in Care

6.2 Legislation

  • Privacy Act 1988
  • Privacy Amendment (Enhancing Privacy Protection) Act 2012
  • Privacy Amendment (Notifiable Data Breaches) Act 2017
  • Children and Community Services Act 2004 (WA)

Terms

Disclaimer

  • The Helping Community Solutions website is operated by Helping Solutions trading as Helping Community Solutions Pty Ltd (ABN 49 631 810 958, ACN 631 810 958) under the domain name helpingcommunitysolutions.com.au.
  • Helping Community Solutions is a non-government community sector organisation that is politically neutral, non-aligned and non-denominational. The Xanadu Group has no political affiliation.
  • Helping Community Solutions takes no responsibility for the views or opinions expressed by individuals, groups, support services and links appearing on this website. These views are not necessarily representative of the official views of the Xanadu Group or any of its staff.
  • This website is presented to share information about our organisation and services, free of charge, with the public.
  • This website is not a substitute for professional advice and is not intended to be used for therapeutic purposes or as a substitute for your own health professionals’ suggestions. Users should always seek other professional advice.
  • Helping Community Solutions makes no claims about the suitability of the information contained in this website for any purpose. Information may include technical or typographical errors.
  • In no event shall Helping Community Solutions be liable for any direct or indirect damages, or any damages whatsoever resulting from personal loss, loss of use or loss of data, whether through negligence or other action related to the use or performance of information contained within this site.
  • Persons, including children and young people, appearing on this site do so of their own volition and with their explicit signed and documented permission. Images or identifying information of children and young people in the CEO’s care are only published with the consent of the Department of Communities or another person with lawful authority.
  • Helping Community Solutions may make design improvements or changes to the information contained in this website at any time.

Copyright

  • Aside from fair dealing as permitted under copyright law in Australia or your country, and as necessary for the functioning of this website and its program, no part of this website may be reproduced or transmitted in any form or by any means without the prior written and documented permission of Helping Community Solutions.
  • This prohibition does not extend to materials on this site that are expressed to be freely available for re-use or replication, subject to the conditions we specify.
  • Artwork, poetry, photographs and any other written material submitted by persons, including children and young people, remains the sole property of the contributing artist, writer or photographer and Helping Community Solutions, and cannot be reproduced in any form without their prior consent.

Photography

  • This website features images by Helping Community Solutions.
  • This imagery remains the property of Helping Community Solutions.
  • This material cannot be reproduced in any form without the prior consent of Helping Community Solutions.
  • No images identifying children or young people in the CEO’s care are published without the consent of the Department of Communities or another person with lawful authority.

How we handle emails

  • We preserve the content of any email you send us if we believe we have a legal requirement to do so.
  • Any personal information contained in your email, including your email address, will only be used or disclosed in ways set out in this Privacy Policy.
  • Your email content may be monitored by our internet service provider or our employees for troubleshooting and maintenance, or where email abuse is suspected.
  • Defamatory or anonymous emails will not be responded to.
  • Email is an insecure communication medium and should not be used for confidential correspondence, including information about children and young people in care.

Links to other websites

  • This site contains links to other websites. Helping Community Solutions is not responsible for the privacy practices or the content of those websites.
  • Linked websites are responsible for their own privacy practices, and we recommend you read their privacy policies to familiarise yourself with them.

Website security

  • Every effort has been made to make this site secure. However, users should be aware that the internet is an insecure public network that may carry risks, including transactions being viewed, intercepted or modified by third parties, or downloaded files containing viruses or other defects.
  • Helping Community Solutions accepts no liability for any interference with, or damage to, a user’s computer system, software or data that may occur while connected to this site.
  • Any feedback or suggestions received via email (including the sender’s email address) are kept strictly confidential and used only to respond to that feedback.

Website feedback

  • Your feedback is important. Please contact us.
  • We welcome comments or suggestions about our website so we can continuously improve the information we provide.
  • We will reply to your email as soon as possible.