Client Information, Privacy, and Disclosure Policy
Purpose
The purpose of this policy is to outline Little Insights approach to managing client information, ensuring confidentiality and privacy along with the handling of requests for information.
Definitions
Confidential Client File: This refers to part of the client’s file that may contain sensitive information about the client and/or third parties. It could also include assessment records, treatment plans, diagnostic information and/or a formal medio-legal report.
Client Service Record: This refers to information related to, but not limited to, basic demographic details, contact details, dates/nature of service provided, third-party correspondence and administrative forms.
Policy
As part of providing a therapy service, we may need to collect and record personal information that is relevant to your situation (e.g., contact details, medical/mental health history and other relevant information). Only information that is relevant to the service provided is collected. This information is a necessary part of the therapy assessment and treatment that will be conducted and allows us to provide an appropriate, purposeful and thorough service. You do not have to give us personal information if you choose; however this may mean a particular therapy service may not be able to be provided to you.
We also may collect information for other purposes, such as registering you or your child as a client, billing, appointment bookings and communicating with you. However, we will only use your personal information for the purposes described in this policy or with your written consent.
Confidentiality and Privacy
All personal information gathered by your therapist during the provision of the service will remain confidential and secure except when:
It is subpoenaed by a court, or disclosure is required or authorised by law; or
Failure to disclose the information would, in the reasonable belief of the therapist, place you or another person at serious risk to life, health or safety or
Your prior written consent has been obtained to
Provide a written report to another professional or agency. E.g., a GP or a lawyer, or
Discuss information with another person, e.g., a partner, parent, employer, health provider or third-party funder; or
Disclose the information in another way; or
Disclose to another professional agency (e.g., your GP), and disclosure of your personal information to that third party is for a purpose that is directly related to the primary purpose for which your personal information was collected.
Storage and Security
Little Insights takes the following steps to maintain the security of your information held with us:
Your information is only accessible to authorised staff, such as your therapist.
Electronic information is managed through secure online client management systems.
Hard copies of any information are secured in locked cabinets. When no longer required, these copies are either securely archived or physically destroyed by paper shredding and/or disposal in document destruction waste bins.
Limiting internal access to personal information we hold to a need-to-know basis.
Access to Information
You have the right to request and review the information that Little Insights holds about you and/or your child. There are several ways you can do this, and the process depends on the specific context of your request. Your therapist may engage in various actions, including but not limited to discussing the information, generating a letter or report based on your request (please refer to the fee schedule for associated costs), and providing you with a copy of the information, with certain exceptions as defined by relevant legislation. Your therapist will guide you in accessing specific parts of the client record, such as the confidential client file or the client service record, rather than sharing the entire record, which might not always be suitable.
In some situations, Little Insights may be unable to fulfil a parent or guardian's request for information access in accordance with the law. Additionally, when applicable, we take into account the preferences of children or young individuals with the capacity to independently decide about their healthcare and information sharing. Our utmost priority throughout this process is safeguarding the child's best interests and well-being. Our commitment lies in cultivating a secure, supportive, and therapeutic environment that fosters the child's growth and development.
To initiate a request for information access, please reach out to the Practice Manager at hello@littleinsights.com. Ensure your request includes your name, address, contact details, your child's or young person's name (if relevant), a clear description of the desired information, and your preferred method of information delivery. If you are a parent or legal guardian seeking access to your child's information, in compliance with the Health Records and Information Privacy Act 2002 No 71, we require proof of your parental authority or guardianship. Little Insights commits to providing written responses to these requests within 30 days.
To cover administrative and professional time required for processing and enacting information requests, fees may apply. Your therapist will discuss this with you as required.
Access by Courts
In situations involving court-ordered subpoenas or warrants, our procedure is as follows:
Review and notify: Thorough review of the validity and scope of the subpoena or warrant occurs. Clients are promptly informed about the situation.
Compliance with legal obligations: In the case of a valid subpoena or warrant related to our involvement, the requested information is provided while safeguarding sensitive or irrelevant details.
The therapist may make a written request of the court to withhold some or all of the confidential information from access by the court if it’s highly sensitive information or has no bearing on the case.
Costs: Complying with the subpoena or warrant may result in fees covering professional time, legal consultation, and administrative tasks.
Correction of Information
At any stage, you may request to correct the information held by Little Insights about you and/or your child. The therapist will discuss with you the options available, subject to the exceptions in the Privacy Act 1988 (Cth). If the information is found to be inaccurate, incomplete or out of date, reasonable steps will be taken to correct the information.
Concerns
If you have any concerns about the management of your personal information, please notify the Practice Manager at hello@littleinsights.com. The reader is directed to the Australian Privacy Principles, which outlines your rights and the appropriate handling of personal information. If you wish to lodge a formal complaint regarding the access, use or disclosure of personal information, you may do so with the Office of the Australian Information Commissioner https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us
Retention of Personal Information
Little Insights complies with the Health Records and Information Privacy Act 2002 No 71, which states that health records are kept for a minimum of seven years since the last time we provided you with a health service. Children’s health records are kept, at a minimum, until they/you reach the age of twenty-five. When the health records are destroyed, we keep a written note of your name, the date the information was destroyed and time period the record covered.
Other personal information is only kept, while it is required, for the purpose it was collected or as required by law. After this time, it will be securely destroyed or de-identified.
Amendments
We hold the right to modify this Privacy Policy whenever necessary and based on our judgment. Any changes to the policy will be disclosed by posting the updated version on our website. Additionally, we will provide a physical copy of the revised policy at our practice location. We advise you to routinely review both our website and the policy provided in our practice to stay informed about the latest version of our Privacy Policy.