PURPOSE

The purpose of this policy, and its supporting procedures, is to confirm AbCF’s commitment to complying with information and privacy laws and to informing clients, and relevant others, about the way their information is utilised. This includes providing information relating to:

• Collecting personal information.
• Using and disclosing information.
• Recording and storing personal information.
• The rights and responsibilities of all stakeholders in terms of accessing and correcting information.
• The lawful instances when AbCF may disclose personal information without consent of the person concerned.

POLICY STATEMENT

The privacy of clients, staff and members of the organisation will be respected and information obtained in the course of professional conduct of the organisation will be held in confidence in accordance with the requirements of the Information Privacy Principles (Schedule 3, Information Privacy Act 2009 (QLD).  In addition, AbCF will collect, store, secure, access, amend, use, disclose, and ensure accuracy of personal information in accordance with the Information Privacy Principles.

Information and Privacy Procedures

SCOPE

These procedures are relevant to all persons and all situations where personal information is sought by AbCF

PRINCIPLES

1. AbCF is committed to ensuring information is handled and stored confidentially and securely by only allowing access to it by authorised AbCF staff or contractors, as appropriate.
2. AbCF ensures that all clients are provided with plain language information about this policy and their rights and responsibilities in relation to privacy. This includes details of the information collected and its use, who has access to it and their access rights, including how to raise any concerns or complaints about the handling of personal information.
3. AbCF takes all reasonable steps to ensure that the personal information collected is accurate, up to date and complete.
4. Wherever possible, personal information is collected directly from the individual. Where the personal information is held by a third party, AbCF obtains permission before seeking this information from such sources.
5. People accessing ABCF’s services have the right to refuse to provide information which is not essential for service provision.
6. AbCF does not sell any personal information to any third party.

INFORMATION COLLECTION

Clients

1. AbCF only collects information that is necessary for the performance and primary function of the organisation
2. Collection of such information will be done in a respectful way and not constitute an unreasonable intrusion into the client’s personal affairs.
3. AbCF collects personal information on or about people who access our services.
4. AbCF collects sensitive information where necessary for providing services or as is a requirement of funding and investment.
5. Additional information necessary for service provision may also collected. This includes the need for AbCF to assess eligibility for entry to, or support from, specific programs or services.
6. AbCF collects information specifically related to carbon farming and related services.

Employees

ABCF collects the personal information of people who seek to be, are, or have been, employed with us. This includes information about recruitment and selection, employment, terms and conditions of employment, performance, discipline and resignation.

Donors, Partners and Other Stakeholders

AbCF collects personal information for the purposes of processing donations, fund raising, keeping supporters and donors informed of our work, raising awareness, thanking and acknowledging our donors and supporters, conducting research into supporter attitudes and desires, and for internal reporting purposes.

 

INFORMATION USE

AbCF uses and discloses information in the following ways:

Clients

1. All personal information collected from clients remains confidential and will only be used for the purpose for which it was collected.
2. Client information is not normally disclosed to other agencies unless AbCF is required to do so by law, government requirements or funding agreements.
3. AbCF may use client information for the evaluation (planning and research) of its services.

Employees

Information about employees is not normally disclosed to other organisations or individuals without their consent, unless we are required to do so by law, government requirements or funding agreements.

Funding Bodies

Some funded programs require de-identified information and others require identified information. Wherever possible, clients are informed of AbCF’s requirement to pass on information and the nature of the information.

AbCF will, from time to time, provide de-identified client data to funding sources other than government to support funding submissions. Such information may also be used to report on the success of a funded project. Additionally, de-identified client data may be used to profile AbCF’s work to the broader community. In principle, informed consent will be sought wherever possible to maximise client choice to participate in such activities.

Contractors

In a case where personal information is supplied to, or collected by contractors who perform specific tasks directly on our behalf contractors are required to sign privacy agreements with AbCF which oblige the contractors to comply with AbCF’s Information and Privacy Policy, the Privacy Act and the National Privacy Principles.

Donors, Partners and other Stakeholders

From time to time, AbCF will acknowledge and thank supporters and donors in our publications unless donor’s request that this not happen.

PROTECTION

AbCF commitment to the principles of information privacy ensure that all personal information collected is protected from loss or unauthorised access by securing it in lockable cabinets and password protected computer files.

The company will take reasonable steps to destroy or de-identify personal information if the organisation no longer needs it for any authorised purpose.  The exceptions are where:

• the personal information is contained in a Commonwealth record; or
• AbCF is required by or under an Australian law or a court/tribunal order to retain the information.

 

ACCESSING INFORMATION

Accessing and Correcting Information

1. Clients have a right to access all information which AbCF collects and stores, and a right to correct any errors of fact, or update details as required.
2. All clients are provided with information about how to access their information. Only in exceptional circumstances where AbCF reasonably believes denial of access to records may lessen or prevent a serious or imminent threat to an individual’s welfare, or a threat to public health and safety, will access to records be allowed.

• Donors, partners and/or other stakeholders can view the information AbCF has stored on them and have a right to correct any errors of fact in the recorded information.

1. Clients, donors and supporters all have a right to make a complaint regarding the handling of their personal information should they wish to do so.

USE OF ABCF INFORMATION BY EMPLOYEES

Employees will;

1. respect the confidentiality of information obtained in any meetings, collection of personal information or other dealings within the organisation and will not disclose to any person or organisation any information concerning the personal details, circumstances or affairs of individuals who are clients, stakeholders or employees of AbCF.
2. will ensure that all verbal, written or electronic information regarding any client of AbCF will remain confidential within the organisation, and may not be shared without the written consent of the client.

• must adhere to the AbCF Policies and Procedures, Funding Guidelines and Legislation relevant to the organisation. It is the responsibility of each staff member to familiarise themselves with these documents which are available at the organisation’s premises, and

1. must ensure that all communication between agencies about a client must be with the client’s consent and must be mindful of confidentiality and privacy policy and procedures.

 

Employee access to and use of confidential information is limited to work-related activities. Access, use of, or disclosure for any other purpose is prohibited without proper authorisation, unless required by law. The internal systems of AbCF must not be used to access information for personal benefit or interest or that of any employee’s family, friends, colleagues or of any public figure.

Breaches of confidentiality, access and disclosure of information will be treated as a serious misconduct issue.

AbCF considers the following to be examples of confidential information:

• Lists of clients and contact details.
• Any financial or costing information.
• Research data or papers not publicly released.
• Information about new programs and/or service development.
• Employee remuneration.
• Details of tenders.
• Marketing/communication plans.
• Intellectual property or other processes unique to the employer.

Please note that the above mentioned list is not exhaustive and provides examples only.

LODGING COMPLAINTS

1. All complaints regarding mishandling of personal information should be provided in writing (by letter or email).
2. AbCF will decide what (if any) action will be taken to resolve privacy complaints. All privacy complaints will be responded to within 30 days.

 

Where the matter has been addressed by AbCF, and the complainant remains dissatisfied with the response, a complaint may be made to the Australian Information and Privacy Commissioner.

RESPONSIBILITIES

All Directors and staff are required to sign a confidentiality statement on commencement with AbCF.  Non-compliance with the privacy principles will be dealt with by enacting the grievance procedures and, in the case of employees, may result in termination of employment.

LIMITATIONS TO CONFIDENTIALITY

Maintaining clients’ confidentiality provides the clients with safety and privacy and protects their autonomy. There are, however, exceptional circumstances in which an employee may be satisfied that there are reasonable grounds that disclosure is necessary such as:

• to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health, safety or welfare, and
• for reasons of law enforcement.

In such circumstances a decision to break confidentiality should be:

• discussed with the client, if appropriate, and should be in consultation with the CEO or a member of the leadership team, restricted to relevant information, conveyed only to appropriate people and for appropriate reasons, with the aim of alleviating the exceptional circumstances; and
• given to achieving a balance between acting in the best interests of the client and the organisations responsibilities to the wider community.

RELATED DOCUMENTS

• Board Confidentiality Policy
• Human Rights Act (QLD) 2019
• Privacy Act 1988 (Cwth)
• Information Privacy Act 2009 (QLD)