DefinitionRSL LifeCare Limited (ACN 000 048 957) (“RSL LifeCare”) respects the privacy of individuals and is committed to protecting personal information that individuals provide. RSL LifeCare is further committed to complying with the obligations of the Australian Privacy Principles (APP) as set out in the Privacy Act 1988 (Cth) (the Act). This document sets out when and how RSL LifeCare will collect, hold, use and disclose an individual’s personal information, as well as how an individual may contact RSL LifeCare in relation to their personal information or in order to make a complaint about a breach of privacy
What personal information is collected?
- Personal information is defined by the Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Examples of personal information might include an individual’s name, address, phone number, email address, medical records, family details or any other information from which an individual could reasonably be identified.
- RSL LifeCare may collect a variety of personal information relating to the provision of its services. Examples of personal information which RSL LifeCare regularly collects includes an individuals:
- Date of birth;
- Marital status;
- Records of military service;
- Family details including personal information relating to, or about, an individual’s next of kin;
- Medical/dental records, including past and present illnesses;
- Dietary requirements;
- Financial details; or
- Other personal information particular to a specific individual to allow RSL LifeCare to tailor its services to that individual.
Collection of personal information
- RSL LifeCare will generally only collect personal information which relates to the provision of its retirement village and aged care services to its clients. While this personal information will usually relate to clients themselves, it may, from time to time, be necessary for RSL LifeCare to collect personal information about individuals who are not clients, for example next of kin, to ensure that it is able to effectively provide its services. In such cases RSL LifeCare will only collect the minimum amount of personal information required to facilitate the provision of its services.
- Wherever reasonable and practicable RSL LifeCare will collect personal information from the individual to whom it relates, however, in some cases this may be impracticable, or the information may be held by a third party. Common examples of these situations may include:(a) medical records held by an individual’s current or previous health care provider; (b) financial records held by an accountant or Centrelink; or (c) next of kin details. In such circumstances RSL LifeCare will take reasonable steps to obtain the individual’s consent to the collection of their personal information, or failing such, will undertake to notify the individual of the collection, where it is reasonable and practicable to do so.
- While an individual may choose not to provide personal information to RSL LifeCare, failure to do so may hamper the provision of services, including medical services. In some case failure to provide personal information may result in RSL LifeCare being incapable of providing services to a particular individual at all.
Use and disclosure of personal information
- RSL LifeCare uses personal information for the purpose of, or in relation to, providing aged care and retirement village services to individuals. Examples of uses may include, but are not limited to:(a) assessing an individuals potential eligibility for RSL LifeCare’s services; (b) determining deposits or other amounts payable by an individual for the provision of RSL LifeCare’s services; (c) corresponding with an individual regarding the services being provided, including regarding the individual’s satisfaction with the services; (d) tailoring RSL LifeCare’s services to an individual’s needs; (e) providing an individual’s contact details or other information to a Resident’s Committee, for the purposes of facilitating communication between the committee and an individual who is a resident of a retirement village; (f) discussing the services being provided to an individual with the individual’s family or next of kin; or (g) providing or facilitating the provision of medical care to an individual.
- RSL LifeCare may also use or disclose personal information in the following circumstances:(a) where an individual has given consent; (b) where required in order to provide an individual with the services and/or products they requested; or (c) where use or disclosure is required or authorised by law.
- Further to the uses above RSL LifeCare may use or disclose personal information in relation to applying for appropriate government subsidies available to it under the Aged Care Act 1997. These subsidies, and the disclosures made to obtain them, are necessary to enable RSL LifeCare to continue to provide a high level of service to its clients in accordance with its not-for-profit purpose. Wherever reasonable and practicable RSL LifeCare will either limit the personal information disclosed to that which is absolutely necessary or will undertake to de-identify the information prior to its disclosure.
- RSL LifeCare is further committed to the appropriate use of sensitive information about an individual. Sensitive information is defined in the Act and includes information about an individual’s health information, religious or political beliefs and racial or ethnic origin amongst other information. Wherever possible RSL LifeCare will only use sensitive information about an individual with the individual’s consent. Situations where sensitive information may be used without consent may include the provision of emergency medical treatment or where use or disclosure is required by law.
- From time to time RSL LifeCare may disclose personal information to a variety of third parties in relation to the provision of services to individuals. Potential third party recipients may include:(a) RSL LifeCare’s legal and financial advisers; (b) Resident’s Committees; (c) RSL LifeCare’s Insurers; (d) Medical or dental practitioners; (e) An individual’s family or next of kin; (f) Government agencies, including as outlined in point 3.2; (g) Any third party with a lawful entitlement to the information. Whenever RSL LifeCare discloses personal information to a third party it will take steps that are reasonable and practicable in the circumstances to either:(h) limit the disclosed personal information to the minimum required to fulfil the purpose of the disclosure; or (i) de-identify the personal information prior to disclosing it to a third party.
- RSL LifeCare does not currently, nor does it currently have plans in the future, to disclose personal information to any overseas recipient.
- An individual may agree to provide their personal information directly to third parties in connection with RSL LifeCare offerings, in order to access and/or use the third party’s products and/or services. If an individual agrees to provide such information to these third parties, then their personal information will be subject to the third party’s privacy policies.
- RSL LifeCare does not sell, trade or transfer personal information to third parties for the purposes of direct marketing.
- RSL LifeCare may from time to time use personal information, including sensitive information, to notify individuals of changes to services provided to that individual, or to bring to that individual’s attention new or additional services which may be beneficial to them. All such communications will include an option for the recipient to opt out of receiving any future direct marketing.
- RSL LifeCare is concerned with the security of your Personal information and is committed to taking reasonable steps to protect it from unauthorized access and use. To that end, RSL LifeCare has put in place appropriate physical, electronic and managerial policies and procedures to secure personal information. These policies and procedures include, but are not limited to:
- Storing any electronic information on password protected and secure servers;
- Ensuring any physical copies of personal information are kept in a secure area which is not open to unauthorised access;
- Requiring RSL LifeCare employees to enter into confidentiality agreements requiring they ensure the security of personal information; and
- Ensuring that any access to personal information by RSL LifeCare employees is limited to those employees with a need to know that information for the provision of services to the relevant individual.
- Personal information may be retained for seven (7) years or such other period as required by taxation or other laws.
Accuracy of personal informationRSL LifeCare is committed to ensuring that all personal information held is accurate, complete and up-to-date. To that end RSL LifeCare may from time to time contact individuals directly for the purposes of verifying their information.
Access to and correction of personal information
- Individuals have a right to know what of their personal information RSL LifeCare holds. Individuals may request this by contacting RSL LifeCare’s Privacy Officer by the following methods: Phone: (02) 8978 4282 Email: email@example.com Mail addressed to: Privacy Officer, RSL LifeCare, 4 Colooli Road ,Narrabeen NSW 2101
- When requesting access or correction of personal information RSL LifeCare will require an individual to verify their identity by reference to their personal information. In some circumstances it may be necessary for an individual to visit one of RSL LifeCare’s locations to properly verify their identity before access to personal information can be granted.
- While RSL LifeCare will attempt to respond to a request for access to personal information in a timely manner, given the wide array of RSL LifeCare’s services provided, it may take some time to collect an individual’s personal information and make it available. Individuals can help to minimise delays by providing details of what information they require access to, how and when they have provided information to RSL LifeCare in the past and the general nature of any dealings between them.
- When a request for information is received, RSL LifeCare will endeavour to provide an accurate estimate of the time it may take to comply with the request, however, compliance with this timeframe is not guaranteed.
- Generally RSL LifeCare will not charge a fee to grant an individual access to their personal information, however in the case of requests for old or particularly voluminous information it may be necessary for RSL LifeCare to charge a reasonable fee, commensurate with the work required to comply with the request. However, there will be no fee charged in relation to the making of the request for access itself.
- While RSL LifeCare will generally comply with an individual’s request for access to personal information about them, RSL LifeCare does have the right under the APP to refuse access in certain circumstances. In the event that access is refused RSL LifeCare will, where reasonable, provide reasons for the refusal, along with alternative methods which may allow access.
- In addition to requesting access to personal information individuals may request that RSL LifeCare correct any personal information held about the individual. Once the individual’s identity has been verified RSL LifeCare will take reasonable steps to correct their personal information.
Anonymity and pseudonymityWhile the APP does allow individuals to deal with an entity anonymously or by use of a pseudonym, RSL LifeCare will be unable to provide services to a particular individual without confirming their identity. RSL LifeCare will be able to discuss its services in a general nature, including costs and charges which it might ordinarily charge for those services, prior to obtaining an individual’s identity. Until such time as RSL LifeCare has been provided sufficient information to provide a detailed quotation or outline of services to an individual any communication will be general in nature and will not be binding upon RSL LifeCare.
- If an individual wishes to make a complaint about RSL LifeCare’s collection, use or disclosure of any personal information, or about any potential breach of an APP, the individual may contact the Privacy Officer by use of the contact details at the end of this document.
- When making a complaint an individual should include as many details as possible, including the nature of the personal information concerned, how it is believed to have been misused, which APP is believed to have been breached (if relevant), the details of any RSL LifeCare employee or representative involved and any other information which may be relevant. The Privacy Officer may request additional information to enable the Privacy Officer to properly investigate the complaint and take such reparatory action as necessary.
- Once a complaint is received the Privacy Officer will investigate the circumstances of the complaint and determine whether a misuse of personal information has occurred and if so how it may be rectified and whether/what action should be taken in relation to any RSL LifeCare employee or representative involved. RSL LifeCare will endeavour to keep the individual informed regarding the process of their complaint and any action taken.
- Should an individual not be satisfied with RSL LifeCare’s handling of their complaint then RSL LifeCare will generally agree to the complaint being referred to mediation and/or arbitration. Should the matter remain unresolved then an individual is entitled to refer their matter to the Office of the Australian Information Commissioner.