Policy updated 20 May 2018.
Purpose of this policy
Clear Communicators Speech Therapy ensures the protection of any personal information it receives, as required by the Australian Privacy Act 1988 (Privacy Act). Your Personal Information is also protected in line with the requirements of the EU General Data Protection Regulation (GDPR).
‘Personal information’ is defined in the Privacy Act as:
information or an opinion (including information or an opinion forming part of a database), 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.
On 12 March 2014, the Privacy Act was amended and the new definition of ‘personal information’ is: information or an opinion about an identified individual, or an individual who is reasonably identifiable: a) whether the information or opinion is true or not; and b) whether the information or opinion is recorded in a material form or not.
Where electronic data is transmitted to international-based servers, Clear Communicators Speech Therapy has taken steps to ensure that data is maintained under security and privacy principals that provide a level of protection at least as secure as those protections required by the Privacy Act 1988 and EU GDPR.
Collection of personal information
Clear Communicators Speech Therapy collects your personal and sensitive information only if you have consented to the information being collected, and if the information is reasonably necessary for conducting speech pathology services. We collect personal information about you, such as you and your child’s: name, contact details, gender, date of birth, school or childcare centre, Medicare number, and details of your medical practitioner. We also collect sensitive information about you such as main language spoken at home, developmental history, family history of communication difficulties, treatment information and other health and allied health services. We also collect your credit/debit card details which may be stored securely and used through ANZ Secure Gateway Merchant Facility. ANZ payments are processed securely using encrypted transmissions.
We only collect your information by lawful and fair means. We collect your information in a few different ways, including:
• forms (paper or online)
• electronically, such as through our website contact form or email
• phone calls and text messages
• information you provide during speech pathology sessions
• other correspondence, such as mail.
We will always collect personal information from you directly unless it is unreasonable or impractical for us to do so. On occasion, we may collect information from other involved services and professionals where you have expressly given permission.
When we collect your information, or as soon as practical after, we will take reasonable steps to let you know:
• that the information has been received by Clear Communicators Speech Therapy and how to contact us
• if we received your information from another source, details of the information we have received and why we received it
• why we are collecting the information
• the main consequences (if any) for you if you do not provide all or part of the information we have requested
• the organisations or types of organisations to which we normally pass on information
• whether we are likely to disclose information to other parties and if so, why.
Security of your information
We take appropriate steps to protect your personal and sensitive information held by us from misuse, interference, unauthorised access, modification, loss or disclosure. This includes during storage, collection, processing, transfer and destruction of the information.
Information is stored in physical locked storage or in electronic secure databases. Only authorised staff of Clear Communicators Speech Therapy have access to the secure physical and electronic database. You are permitted to request access or to request changes to you or your child’s information at any time by contacting Clear Communicators Speech Therapy. Electronic data may be stored or processed using the following services:
HealthKit – https://www.healthkit.com/terms-of-use
Dropbox – https://www.dropbox.com/privacy
G Suite: Health Insurance Portability and Accountability Act (HIPAA) security compliant – This means that data is kept to privacy and security standards required for US Health Data, which are equal to, or exceed Australian Health Data requirements – https://gsuite.google.com.au/intl/en_au/security/
Seesaw – https://web.seesaw.me/privacy-policy
Xero (accounting) – https://www.xero.com/au/about/terms/privacy/
Mailchimp (emails) – https://mailchimp.com/legal/privacy/
SignNow (digital document signing) – http://university.signnow.com/how-secure-is-signnow/
Where electronic data is transmitted to international-based servers, Clear Communicators Speech Therapy has taken steps to ensure that data is maintained under security and privacy principals that provide a level of protection at least as secure as those protections required by the Privacy Act 1988.
Where information of EU residents may be stored (e.g. emails in G Suite, newsletter sign ups in Mailchimp, website cookies on WordPress and Google Analytics) all data is securely stored on platforms that adhere to EU GDPR requirements.
As required by the Health Records and Information Privacy Act 2002, records for children will be kept securely until the child turns 25 years of age. Records for clients who are adults will be kept securely for 7 years from the last occasion of service. After this time, records will be securely destroyed.
Website and Cookies
We take steps to ensure the security of the Clear Communicators Speech Therapy website. However, users are advised that there is always some risk when transmitting information across the Internet, including a risk that information sent to or from a website may be intercepted, corrupted or modified by third parties. All cookies are stored on platforms that adhere to EU GDPR requirements.
The Clear Communicators Speech Therapy website uses software known as ‘cookies’ to record your visit to the website and collect some statistical information. We use this information to help administer and improve our website. We do not use this information to personally identify you. Information we may collect includes:
• your server address
• your domain name
• the date and time of access to the website
• pages accessed and documents downloaded
• the previous site visited
• if you have visited the website before
• the type of browser software in use.
You may set your web browser to disable cookies when visiting our websites.
The Clear Communicators Speech Therapy website contains links to external websites. We recommend that you review the privacy policies of those external websites as we are not responsible for their privacy practices.
Use of your information
We only use your personal and sensitive information for purposes which are directly related to the reason you provided us with your information in the first place and where you would reasonably expect us to use your information.
We will not use your personal information for another purpose unless you have given consent (for example, in a consent form) or one of the exceptions under the Privacy Act applies. For example, if the use of the information is authorised by Australian law or is necessary for law enforcement by an enforcement body, such as the Australian Federal Police.
Disclosure of your information
We only disclose your personal and sensitive information with your express consent and for purposes which are directly related to the reason you provided us with your information in the first place and where you would reasonably expect us to disclose your information.
For example, with your consent we may disclose information with your child’s school, preschool, or other involved professionals where this information may be clinically relevant.
We share an office with Kids First Occupational Therapy (KFOT). Due to the shared office set up, KFOT staff may be able to access some information about Clear Communicators Speech Therapy clients for administrative and/or clinical purposes. KFOT staff maintain the same privacy and confidentiality standards as Clear Communicators Speech Therapy staff.
Direct communications and promotional materials
From time to time, we may send out promotional materials for the purposes of Clear Communicators Speech Therapy. If you do not wish to receive these communications, you may click ‘unsubscribe’ or contact Clear Communicators Speech Therapy to unsubscribe (see contact details below).
Requests to participate in research by third parties
We sometimes receive requests from researchers for data to assist them to write research papers. You may receive information from Clear Communicators Speech Therapy about opportunities to participate in research. There is no obligation to participate in a study.
How to access and correct your information
We will take reasonable steps to ensure that all personal information that we collect, use or disclose is accurate, up-to-date, complete, relevant and not misleading.
We will correct any personal information that we believe to be incorrect, out-of-date, incomplete, irrelevant or misleading. You may request to access or correct your personal information at any time by contacting Adina Levy using the details below. We will give you access to the information unless one of the exceptions under the Privacy Act applies. For example, if providing access would be unlawful or denying access is authorised by law.
If you request to access or correct your information, we will respond within a reasonable time (usually within 14 days). If your request is refused, we will give you a written notice that sets out the reasons for refusal and how to complain about the decision.
Complaints and enquiries
If you are unhappy with the outcome, you may lodge a complaint with the Australian Information Commissioner who can order the payment of compensation by Clear Communicators Speech Therapy in certain circumstances. See www.oaic.gov.au/privacy/making-a-privacy-complaint for further information. You may also lodge a complaint with Speech Pathology Australia – see http://www.speechpathologyaustralia.org.au/about-spa/code-of- ethics.
Clear Communicators Speech Therapy
Suite 405, 251 Oxford St
Bondi Junction NSW 2022
Phone: 0405 445 441
Code of Conduct
What is the National Code of Conduct?
The National Code of Conduct (the Code) is a minimum set of standards of conduct for all health service providers who are not regulated by the Australian Health Practitioner Regulation Agency (AHPRA). Speech pathologists are included in this group of health professionals. Other health providers the Code will apply to include dietitians, social workers, audiologists, allied health assistants and personal care workers. The Code sets national standards against which disciplinary action can be taken. In serious cases registration and right to practice can be withdrawn.
In summary, the Code of Conduct says that practitioners must:
1. Provide services in a safe and ethical manner
2. Obtain consent from their clients
3. Display appropriate conduct when giving treatment advice
4. Report concerns about treatment or care provided by other health care workers
5. Take appropriate action in response to adverse events
6. Adopt standard precautions for infection control
7. Practice safely if diagnosed with infectious medical conditions
8. Not make claims to cure certain serious illnesses
9. Not misinform their clients
10. Not practice under the influence of alcohol or drugs
11. Modify or stop practicing if they have certain mental or physical impairments
12. Not financially exploit clients
13. Not engage in sexual misconduct
14. Comply with relevant privacy laws
15. Keep appropriate records
16. Be covered by appropriate insurance
17. Display information about this code and how to make a complaint.
View the Code of Conduct for unregistered health practitioners (NSW) here: