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7.0    Privacy and Confidentiality

7.1      Privacy and Confidentiality Policy

7.1.1    Policy Statement

Kempsey Neighbourhood Centre Incorporated is committed to protecting and maintaining the privacy, accuracy and security of clients, staff, volunteers and other workplace participants’ personal information.  Furthermore, Kempsey Neighbourhood Centre Incorporated is committed to ensuring that all Management Committee members and others involved in the management of the organisation comply with their obligations (where applicable) under the Privacy Act 1988 (Cth) and followingthe National Privacy Principles.

7.1.2    Responsibility

KNC Board, Manager, Team Leaders, All Staff and Volunteers

7.1.3    Distribution

KNC Board, Manager, Team Leaders, All Staff, Volunteers

7.1.4    Procedures

The following procedures will apply to this Privacy and Confidentiality Policy:

  • Staff and Volunteer Privacy and Confidentiality Procedure
  • Client Privacy and Confidentiality Procedure

7.2      Staff and Volunteer Privacy and Confidentiality Procedure

7.2.1    Information held about staff or volunteers

a) Kempsey Neighbourhood Centre Incorporated holds some information in relation to its staff and volunteers. This information may include, but is not limited to:

  • tax file number;
  • personal background information (such as home address, date of birth, gender, nationality, languages spoken, employment history, educational qualifications, any illnesses/conditions that may require urgent assistance from colleagues, e.g. diabetes or allergies, and emergency contact details); and
  • relevant information documenting their work history (such as letter of appointment, bank account details, taxation and superannuation information, records of any salary adjustments, written warnings, salary sacrifice documents, appraisals, professional or trade membership, trade union membership, training and leave taken).

b) Staff and volunteer information is stored in a filing cabinet which is kept locked when the office is unattended, and/or on a password protected computer. The information is only accessible by the Manager, the Team Leaders or any other assigned staff member.

c) Any electronic information about staff or volunteers held either on or off-site has to be sufficiently password protected so as to prevent unauthorised access of files.

d) Staff and volunteers have the right to request access to information held by Kempsey Neighbourhood Centre Incorporated Kempsey Neighbourhood Centre Incorporated will provide access within 30 days of such a request.

e) The reason for collecting this information will be provided to staff and volunteers along with the fact that they can gain access to the information and how, what information may be disclosed, to whom and why, and the main consequences to the staff or volunteer if the information is not collected.

7.2.2    Reasons why information is held about staff and volunteers

 Kempsey Neighbourhood Centre Incorporated is required to hold this information to:

  • ensure both Kempsey Neighbourhood Centre Incorporated and any staff are meeting their obligations under relevant legislation as well as their contract (if employed);
  • ensure the health, safety and welfare of all staff and volunteers at all times when they are performing work for Kempsey Neighbourhood Centre Incorporated and
  • allow appropriate insurance for all staff and volunteers.

7.2.3    Disclosing information about staff or volunteers

When Kempsey Neighbourhood Centre Incorporated is contacted in relation to the disclosure of personal information about staff or volunteers, the following must occur:

  • All requests for information must be referred to the Manager
  • Prior to the contact, the staff member or volunteer must contact The Manager, and provide verbal or written consent for the release of the requested information.
  • No staff member or volunteer will disclose personal information about any other staff member or volunteer to a third party without that staff member or volunteer’s consent, except as per Clause 7.2.4 below.

7.2.4    Disclosing information about staff or volunteers without their consent

Kempsey Neighbourhood Centre Incorporated may be compelled to disclose information about a staff member or volunteer without that person’s consent if:

  • legislation requires information to be released;
  • either a person or the organisation is subpoenaed to provide information for court proceedings; or
  • there is an overriding public interest. For example, where a person may be of risk of harm to themselves or others.


7.2.5    Length of time records are held about staff or volunteers

When a staff member or volunteer leaves Kempsey Neighbourhood Centre Incorporated permanently, their records will be archived at the end of the financial year. All information regarding former staff and volunteers will be destroyed seven years after they cease to be formally connected with Kempsey Neighbourhood Centre Incorporated, except for records that have a potential civil liability or WHS claim which must be kept for 15 years.

7.2.6    Complaints

Any staff member or volunteer who feels that there has been an unwarranted invasion of their privacy should follow the Staff Grievance Procedure set out in Part B: Human Resources of Kempsey Neighbourhood Centre Incorporated Policy and Procedures Manual.

7.3      Client Privacy and Confidentiality Procedure

7.3.1    Information held about Clients

a) Kempsey Neighbourhood Centre Incorporated holds information in relation to clients who receive support from the organisation. This information may include, but is not limited to:

  • personal background information (such as their home address, gender, date of birth, nationality, languages spoken, any illnesses and details of contact people in the event of any emergency);
  • their disability and/or their special care needs (if applicable); and
  • information in the form of services accessed, progress notes, individual planning and support received.

b) The reason for collecting this information will be provided to clients along with the fact that they can gain access to the information and how, what information may be disclosed, to whom and why, and the main consequences to clients if the information is not collected. The client can also be informed on how Kempsey Neighbourhood Centre Incorporated holds and uses the information.

c) Client information can include information contained in either a client’s physical file and/or on computer records.  Client information is to be stored in a filing cabinet, which is kept locked when the office is unattended, or on a password protected computer.

d) Client information is only accessible by the staff member or volunteer working directly with that client, their immediate supervisor, or any other assigned person.

e) Where a client is a minor or their parent/carer, whose information may be exchanged with external agencies as allowed by the Children and Young Persons (Care and Protection) Act 1998, the client will be informed that this information may be or is being provided to another organisation, except where the disclosure may place the child or young person at further risk.

f) Clients have the right to read any personal information kept about them by Kempsey Neighbourhood Centre Incorporated and to change any incorrect information, except where set out in the National Privacy Principles (References D-R007).

g) Requests by clients to access files should be referred to The Manager, who should ensure that assistance is provided for the client to access information on their file within fourteen days. A staff member or volunteer should be made available to explain any terminology to the client (if required). 

h) Where a minor requests access to their file, The Manager, can choose to provide this information directly to the client or to their parent or guardian. Each case will be dealt with individually in full consultation with the minor.

i)   Kempsey Neighbourhood Centre Incorporated collects personal information in several ways including:

  • directly from the individual, their guardian or appointed advocate when information is given verbally or in documents such as an application form;
  • from third parties such as other agencies (with the consent of the individual).

j)  Information on clients will be as non-obtrusive and objective as possible, yet relevant and up to date. 

7.3.2    Reasons why information is held on Clients

 Kempsey Neighbourhood Centre Incorporated holds this information to:

  • assess the need for a service;
  • provide the service;
  • ensure Kempsey Neighbourhood Centre Incorporated meets their obligations under relevant legislation; and
  • ensure the health, safety and welfare of clients, volunteers and staff at times when services / support is provided.

7.3.3    Client’s Consent

Information about a client will not be shared with another organisation without the consent of the client, except where provided by law. Where there exists any doubt about the client’s ability to give informed consent, the disclosure of information must be approved by the client’s nominated parent or guardian.  If the client can give consent but cannot write, a third party who can write can sign as a witness to the client’s verbal consent.  A client has the right to withdraw their consent to release personal information at any time. This request may be verbal or in writing.

7.3.4    Disclosing information about clients without their consent

 Kempsey Neighbourhood Centre Incorporated may be compelled to disclose information about a client without their consent if:

  • legislation requires information to be released;
  • a person or the organisation is subpoenaed to provide information for court proceedings;
  • there is an instance of threatened assault to a third party;
  • it is in the client’s interest, for example, where the client is suicidal;
  • as outlined under the Children and Young Persons (Care and Protection) Act 1998.

7.3.5    Length of time records are held about clients

a) If a service to a client has stopped being provided, but may need to be resumed at a future date, information relating to the client will be kept in the filing cabinet (or on computer) for a period of five years before being archived.

b) If the service will not need to be resumed, the client’s records will be archived at the end of the financial year.

c) All information regarding clients will be destroyed seven years after they cease to receive services, except for records that have a potential civil liability claim which must be kept until a minor turns 37 years, or in the case of an adult the records should be kept for 15 years after the incident.

7.3.6    Complaints

Any client who feels that there has been an unwarranted invasion of their privacy should follow the Client Grievance Procedure set out in Part E: Operations of Kempsey Neighbourhood Centre Incorporated Policy and Procedures Manual.