Introduction
Current as of July 2022
This privacy policy is to provide information to you, our patient, on how your personal information (which includes your health information) is collected and used within our practice, and the circumstances in which we may share it with third parties.
Why and when your consent is necessary
When you register as a patient of our practice, you provide consent for our GPs and practice staff to access and use your personal information so they can provide you with the best possible healthcare. Only staff who need to see your personal information will have access to it. If we need to use your information for anything else, we will seek additional consent from you to do this.
Why do we collect, use, hold and share your personal information?
Our practice will need to collect your personal information to provide healthcare services to you. Our main purpose for collecting, using, holding and sharing your personal information is to manage your health. We also use it for directly related business activities, such as financial claims and payments, audits and accreditation, and business processes (eg staff training).
What personal information do we collect?
The information we will collect about you includes your:
- names, date of birth, addresses, contact details
- medical information, including medical history, medications, allergies, adverse events, immunisations, social history, family history and risk factors
- Medicare number (where available) for identification and claiming purposes
- healthcare identifiers
- health fund details.
Dealing with us anonymously
You have the right to deal with us anonymously or under a pseudonym, unless it is impracticable for us to do so or unless we are required or authorised by law to only deal with identified individuals.
How do we collect your personal information?
Our practice may collect your personal information in several different ways.
- When you make your first appointment, our practice staff will collect your personal and demographic information via your registration.
- During the course of providing medical services, we may collect further personal information. Information can also be collected through electronic transfer of prescriptions (eTP) and/or My Health Record.
- We may also collect your personal information when you visit our website, send us an email or SMS, telephone us, make an online appointment or communicate with us using social media.
- In some circumstances, personal information may also be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information from:
- your guardian or responsible person
- other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services
- your health fund, Medicare, or the Department of Veterans Affairs (as necessary).
When, why and with whom do we share your personal information?
We sometimes share your personal information:
- with third parties who work with our practice for business purposes, such as accreditation agencies or information technology providers
- with other healthcare providers
- when you request us to disclose your information by providing us with a written consent
- when it is required or authorised by law (eg court subpoenas)
- when it is necessary to lessen or prevent a serious threat to a patient’s life, health or safety or public health or safety, or it is impractical to obtain the patient’s consent
- to assist in locating a missing person
- to establish, exercise or defend an equitable claim
- for the purpose of a confidential dispute resolution process
- when there is a statutory requirement to share certain personal information (eg some diseases require mandatory notification)
- during the course of providing medical services, through eTP, My Health Record (eg via Shared Health Summary, Event Summary).
Only people who need to access your information will be able to do so. Other than in the course of providing medical services or as otherwise described in this policy, our practice will not share personal information with any third party without your consent.
We will not share your personal information with anyone outside Australia (unless under exceptional circumstances that are permitted by law) without your consent.
Our practice will not use your personal information for marketing any of our goods or services directly to you without your express consent. If you do consent, you may opt-out of direct marketing at any time by notifying our practice in writing.
Our practice may use your personal information to improve the quality of the services we offer to our patients through research and analysis of our patient data.
We may provide de-identified data to other organisations to improve population health outcomes. The information is secure, patients cannot be identified, and the information is stored within Australia. You can let our reception staff know if you do not want your information included.
How do we store and protect your personal information?
Your personal information may be stored at our practice in various forms, eg paper records, electronic records, visual records (X-rays, CT scans, videos and photos) and audio recordings.
Our practice stores all personal information securely in a secure electronic format, and occasionally also in hard copy. Where your information is stored in a hard copy, it will be stored securely.
My Health Record
The My Health Record system is the Australian government’s digital health record system. It contains My Health Records which are online summaries of an individual’s health information, such as medicines they are taking, any allergies they may have and treatments they have received. It was previously known as a Personally Controlled Electronic Health Record (PCEHR) or eHealth record.
A My Health Record allows an individual’s doctors, hospitals, and other healthcare providers (such as physiotherapists) to view the individual’s health information, in accordance with their access controls. Individuals are also able to access their record online.
In most parts of Australia individuals need to actively register for a My Health Record. However, people whose registered Medicare address is in Northern Queensland, or the Nepean Blue Mountains will have a My Health Record automatically created for them by the Australian Government unless they have opted- out by 27 May 2016.
The My Health Records Act 2012, My Health Records Rule 2016, and My Health Records Regulation 2012 create the legislative framework for the Australian Government’s My Health Record system.
The My Health Records Act limits when and how health information included in a My Health Record can be collected, used and disclosed. The Office of the Australian Information Commissioner (OAIC) regulates the handling of personal information under the My Health Record system by individuals, Australian Government agencies, private sector organisations and some state and territory agencies (in particular circumstances).
The OAIC’s role includes investigating complaints about the mishandling of health information in an individual’s My Health Record. The OAIC can also conduct ‘Commissioner initiated investigations.
The functions and enforcement powers available to the OAIC under the My Health Records Act and Privacy Act 1988 include:
- investigating and conciliating complaints
- accepting enforceable undertakings
- making determinations
- seeking an injunction to prohibit or require particular conduct seeking a civil penalty from the Courts
- accepting mandatory data breach notifications from the System Operator, health care provider organisations, repository operators and portal operators
Collection, use or disclosure of My Health Record information is both a breach of the My Health Records Act and an interference with privacy.
Prior to a patient signing consent to the release of their health information, patients are made aware they can request a full copy of our privacy policy.
How can you access and correct your personal information at our practice?
You have the right to request access to, and correction of, your personal information.
Our practice acknowledges patients may request access to their medical records. We require you to put this request in writing at the practice reception or by email to manager@mercyfamilydoctors.com.au and our practice will respond within 30 days.
Our practice will take reasonable steps to correct your personal information where the information is not accurate or up to date. From time to time, we will ask you to verify that your personal information held by our practice is correct and current. You may also request that we correct or update your information, and you should make such requests in writing to manager@mercyfamilydoctors.com.au.
How can you lodge a privacy-related complaint, and how will the complaint be handled at our practice?
We take complaints and concerns regarding privacy seriously. You should express any privacy concerns you may have in writing. We will then attempt to resolve it in accordance with our resolution procedure.
Practice Manager
Family Medical Doctors
10 O’Brien Pde, Pakenham
Vic 3810, Australia
Tel: 03 5925 7777
Fax: 03 5947 6860
Email: manager@mercyfamilydoctors.com.au
You may also contact the OAIC. Generally, the OAIC will require you to give them time to respond before they will investigate. For further information visit www.oaic.gov.au or call the OAIC on 1300 363 992.
Privacy and our website
We use our website and social media channels to actively communicate with our patients, we therefore, will be collecting personal information through the website or social media. In addition, we use website analytics, cookies, etc to help us optimise patients’ experience throughout these touchpoints.
Policy review statement
This privacy policy will be reviewed regularly to ensure it is in accordance with any changes that may occur. We will notify our patients via email or written communication as we see fit.
