LAST UPDATED 5 January 2017
Gold Coast Radiology is committed to our patients' privacy and confidentiality we follow the Australian government Privacy Act strictly. To view the applicable Privacy Act, please click here.
The Federal Privacy Act (Act) has set out 13 legally binding Australian Privacy Principles (APPs), which), which apply to private and not-for-profit organisations as well as government agencies from 12 March 2014. The aim of the Act is to ensure standards and protection for the handling of personal information, including health information. Gold Coast Radiology already adheres to patient confidentiality standards set by medical and professional codes of conduct; the Act places a further obligation upon Gold Coast Radiology to protect the privacy of our patients' information. This Policy Guide sets out an overview of the APPs as they apply to the services provided by Gold Coast Radiology.
Definitions
A number of words and expressions are used in this Guide, which have specific meanings under the Act and the APPs. "Personal information" and "Health information", "Personal information" is information about you which identifies or could reasonably identify you. "Health information" is a subset of Personal information and covers:
Gold Coast Radiology takes reasonable steps to ensure its medical records:
Gold Coast Radiology respects your right to know what health information is being collected by Gold Coast Radiology and to determine how such information is used or disclosed.
Collections
Gold Coast Radiology may collect the following health information about you:
Gold Coast Radiology will only collect health information that is necessary for the purpose for which it is collected (see further below under 'use and disclosure'), and does so in a way that is lawful, fair and not unreasonably intrusive.
Wherever it is reasonable and practicable to do so, health information about you is collected directly from you rather than from third parties. Sometimes Gold Coast Radiology collects health information about you from a third party, such as a referring medical practitioner.
Wherever it is lawful and practicable to do so, you have the option of not identifying yourself when requesting a health service from Gold Coast Radiology.
Use and disclosure
Gold Coast Radiology can only use or disclose your health information:
What is the primary purpose?
The most important health information that Gold Coast Radiology collects is the results of tests conducted. Such results are usually contained in an x-ray or scan, or are reproduced in a report prepared by the Radiologist. Gold Coast Radiology is usually requested by a referring medical practitioner to perform the tests, obtain the results and to comment on them. However, Gold Coast Radiology does not perform the actual diagnosis - this is reasonably expected to be performed by the referrer. Therefore, the primary purpose for which such health information is collected by Gold Coast Radiology is for diagnosis.
Gold Coast Radiology will usually disclose the health information to the referrer to enable the most accurate diagnosis to be made. This disclosure is within the scope of the primary purpose. The disclosure of such health information to the referrer is also considered to be a disclosure for a direct related secondary purpose (see further below). Accordingly, Gold Coast Radiology will not normally seek your specific consent to disclose such health information to a referring medical practitioner.
What are directly related secondary purposes?
Gold Coast Radiology also uses and discloses health information for a number of directly related secondary purposes, which are purposes which you would reasonably expect, including:
If your health information is used or disclosed for one or more of these directly related secondary purposes, Gold Coast Radiology will not normally seek your specific consent.
Specific uses or disclosures require consent
Gold Coast Radiology will obtain your consent if your health information is proposed to be used or disclosed for:
If research is being contemplated, Gold Coast Radiology will take all reasonable steps to ensure you understand what the proposed research involves, the ways in which your health information will be used, and the risks and benefits of agreeing to participate. Disclosure procedures (see also General Access and Correction) Because of the nature of the services provided by Gold Coast Radiology, special procedures for the secure disclosure of health information, particularly x-rays, scans and test results, to you, or third parties, are followed.
Your right to control the use and disclosure of your health information
Generally the use and disclosure of health information in these ways will reflect the alignment between the expectations and understanding of Gold Coast Radiology and you as to what will be done with the health information collected.
You may already be aware of the advantages and approve of health information being shared between several health service providers, such as Gold Coast Radiology and your referring medical practitioner, as part of your overall health treatment and management.
However, sometimes the parties' expectations do not align. For example, you may not want an x-ray or report to be directly sent to the referring medical practitioner following the service.
You may also not want Gold Coast Radiology to provide certain health information or you do not want your health information to be used or disclosed in a particular way. Gold Coast Radiology respects such wishes and will, in accordance with the Act and the APPs, take all reasonable steps to comply with such wishes.
Gold Coast Radiology strongly encourages you to obtain your health information, particularly copies of x-rays and test results from your referring medical practitioner. This is likely to best facilitate effective and efficient delivery of your treatment and ensures that the referring medical practitioner has an opportunity to clarify any aspects of the test results and to answer any questions or concerns you have. It is your referring medical practitioner who makes the diagnosis. Test results provided in isolation by Gold Coast Radiology may be misleading.
Access
You have the right to access health information held by Gold Coast Radiology. You do not have to provide a reason for requesting access.
Gold Coast Radiology asks that you complete an Access Request Form, in order to ensure that you are given the correct health information, however, you do not have to. Proof of identity will be required.
A receipt for requests for access will be sent to you within 14 days. Processing of applications is normally completed within 30 days.
When an application has been processed, you will be contacted to determine the manner of access.
There are various factors, which will affect the way Gold Coast Radiology provides you with access. These factors include:
Similarly, there are a number of ways in which Gold Coast Radiology can give access, including:
No fee is charged for requesting access to health information. A fee may be charged and is allowed under the Act to cover the cost of providing access (eg. for file search, copying or printing records). Gold Coast Radiology will consider your circumstances and capacity to pay for access when determining what charges may apply.
Circumstances when access can be refused
GOLD COAST Radiology can refuse you access to your health information only if:
The Privacy Commissioner's Guidelines on Privacy in the Public Health Sector state: "A serious threat to the life or health of any individual' may include harm to physical or mental health.
The threat must be significant; for example where there is a serious risk an individual may cause deliberate self-harm or where they may harm others. This may include situations where the health service provider believes the information may cause the individual significant distress that may in turn present a serious risk to the individual's health.
Where the health service provider judges that there is a serious threat, and it is possible to provide the information in another form which would remove this threat (for example, by discussing the information in person), then this option could be offered." If Gold Coast Radiology considers there is a serious threat to the life or health of any individual, we will discuss with you the ways of satisfying your request for information that will not involve the same threat, such as by meeting with you to discuss any issues in person or, with your consent, providing the record to another medical practitioner of your choice.
It will be rare that health information will be withheld because of an unreasonable impact on the privacy of others. There may, for example, be information provided by another family member on a confidential basis, such that it would not be appropriate for you to be told the information or the identity of the person who provided it. Where legal proceedings have been commenced or are threatened against Gold Coast Radiology, documents or other information generated for the purpose of those proceedings may be subject to a claim for legal privilege and do not have to be produced. Withholding access to certain health information in these circumstances is authorised by law. If Gold Coast Radiology deems it necessary to deny your application for health information then we will give you written reasons for the denial.
Correction
If you believe health information held about you is incorrect, incomplete or inaccurate, then you may apply for it to be corrected. If it is decided that there are insufficient grounds for correction, then we will tell you and a note will be added to your health information stating that you disagree with it.
Gold Coast Radiology has procedures in place to store your health information:
Such records are only accessible by those persons who require access to that information for the purpose of carrying out their employment
GOLD COAST RADIOLOGY
PRIVACY POLICY
LAST UPDATED 5 January 2017
1.1. Gold Coast Radiology is committed to respecting your right to privacy and protecting your Health Information.
1.2. This Policy is governed by the Privacy Act 1988 (Cth) (the “Act”) and the Australian Privacy Principles in Schedule 1 of the Act.
1.3. The purpose of this Policy is to ensure the open and transparent use of Health Information.
1.4. This Policy describes how Gold Coast Radiology collects, uses, manages and deals with your Health Information and Sensitive Information.
1.5. This Policy applies to all your dealings with us, whether in person, or via telephone, email, correspondence, our website or by any other means of communication.
1.6. This Policy will be reviewed by Gold Coast Radiology from time to time, or if any significant changes to our business occur, to ensure that this Policy continues to comply with the Act.
1.7. This Policy is available from the Gold Coast Radiology website and otherwise upon request at our place of business free of charge.
For the purpose of this Policy, the following terms will have the following meanings, and all other terms will otherwise have the meanings as attributed to them by section 6 of the Act:
“Act” means the Privacy Act 1988 (Cth);
“Gold Coast Radiology” means Gold Coast Radiology Pty Ltd ACN 139 340 131 trading as Gold Coast Radiology (Business Number 21954653). Gold Coast Radiology will also be referred to throughout this Policy as “we”, “our” or “us”.
“Health Information” means:
that is also Personal Information; or
“Health Service” means:
“Personal Information” means 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.
“Policy” means this Privacy Policy.
“Radiology Services” means all the functions and activities of and provided by Gold Coast Radiology, including but not limited to:
“Sensitive information” means:
that is also Personal Information; or
“you”/“your” means any individual or entity who engages in any capacity or has any dealings whatsoever with Gold Coast Radiology.
We will ensure that all officers, employees and subcontractors are aware of and understand Gold Coast Radiology’s privacy obligations as well as their own obligations under the Act. We will achieve this through the provision of training and through maintaining procedures to prevent Health Information from being collected, used, disclosed, retained, accessed or disposed of improperly.
1.0.1 Gold Coast Radiology will operate in a manner which aligns with The 13 APP’s and thus this privacy police.
1.0.2 Gold Coast Radiology’s privacy policy will be readily available, on entering the practice, and via our website.
1.0.3 Any notes/worksheets which are used to collect personal, sensitive or health information about you will have a brief outline that you accept the terms of our privacy policy.
1.0.4 It will be inferred that upon being made aware of our privacy policy via our;
(a) Staff
(b) Telephone service
(c) Website
(d) Electronic media
That you/ the patient consents to us collecting and utilising your information for the Primary and secondary purposes.
1.1.0 Complaints procedure external
1.1.0 Any complaints by you concerning your Health Information and or Sensitive Information must be made in writing and sent to the Privacy Officer at the details identified in this document. It should include;
If useful, a form may be collected from our practice to outline what information we require. This will be readily available at our practices.
1.1.1 The Privacy Officer will review your complaint and provide a written response within 30 days from the date of your complaint.
1.1.2 If you are not satisfied with our response you may direct your complaint to the Office of the Australian Information Commissioner:
Officer of the Australian Information Commissioner
GPO Box 5218
Sydney, NSW
Email: enquiries@oaic.gov.au
Telephone No: 1300 363 992
1.2.0 Complaints procedure Internal (staff members)
1.2.1 Any complaints/concerns about privacy from within the company structure about your personal, sensitive or health information should be directed to the privacy officer.
1.2.2 APP’s and this privacy policy still apply to your information.
1.2.3 Complaints should be made in writing to the Privacy Officer by filling out the form “Internal Privacy Breach”
1.2.4 The Privacy Officer will review your complaint and provide a written response within 30 days from the date of your complaint.
1.2.5 Where the privacy officer is directly involved in the privacy breach an alternative staff member may be utilized to assess the breach.
1.3.0 Near miss policy
1.3.1 As a staff member of Gold Coast Radiology you hold a responsibility to report any near misses, or potential violation of this privacy policy. When this occurs the privacy policy officer must be made aware by filling in the “near miss” form.
2.0.1 We will be unable to give you the ability to be anonymous or to use a pseudonym because as a patient we will reasonably require your Health Information as it directly relates to a Health Service and Radiology Services.
2.0.2 If you are contacted by our staff, for consent to utilise your health information for education or training, the information used for those purposes will be made anonymous.
2.0.3 All patients will be able to access either via the website, email or via telephone general information without having to identify themselves.
Collection of health information
3.0.1 We provide a Health Service and in accordance with section 16B of the Act and are permitted to collect Health Information necessary to provide a Health Services and Radiology Services.
3.0.2 Whenever you deal with us, whether as a past, current or prospective patient, we will collect all Health Information about you, but not necessarily directly from you (meaning that Health Information may be collected from any third party deemed necessary by us), in order to provide a Health Service or Radiology Services to you subject to 3.03 below.
3.0.3 We do not collect Health Information unless:
(a)It is reasonably necessary for, or directly related to, Radiology Services and/or a Health Service;
(b) It is required or authorized by law; or
(c) The collection is necessary for research purposes in accordance with the Act and as authorized by law.
3.0.4 The types of Health Information (which includes Personal Information) we generally collect includes but is not limited to:
3.0.5 We will use lawful and fair means to collect your Health Information directly, including when you fill out a form or when you give us Health Information in person, or via telephone, email, correspondence, our website or by any other means of communication. We may collect information other than from you where it is unreasonable or impractical to collect the Health Information directly from you.
3.0.6 We may collect Health Information from a third party or a publicly available source directly related to Health Services or Radiology Services including but not limited to:
(a)other doctors;
(b)other radiologists;
(c)pharmacists;
(d)any other medical professional or any other person as necessary; and/or
(e)publicly available medical records.
3.0.7 By dealing with us, you consent to us collecting your Health Information from any of the sources referred to.
3.1.1 We will not collect Sensitive Information about you unless:
(a) You consent to the collection of the information and it is reasonably necessary to for a Health Service or Radiology Services;
(b)We are required or authorized by law to collect the Sensitive Information. As a provider of a Health Service there will be circumstances where we are permitted by law to collect Sensitive Information from you or any third party deemed necessary by us, without your consent.
(c)There may be circumstances where we may require Sensitive Information to be provided by you or circumstances where Sensitive Information is revealed by you, for example:
(d)You may require a certain Health Service or Radiology Services that may reveal Sensitive Information; and/or
(e)In providing details it may inadvertently reveal Sensitive Information.
3.2.1 When you use Gold Coast Radiology it will be inferred that you consent to your Health and personal information being collected. We will make every effort to make you aware that we are collecting your information by;
4.0.1 If:
(a) we receive personal information; and
(b) we did not solicit the information;
Gold Coast Radiology must, within a reasonable period after receiving the information, determine whether or not the entity could have collected the information under Australian Privacy Principle 3 if the entity had solicited the information.
4.0.2 We may use or disclose the personal information for the purposes of making the determination under subclause 4.0.1 If:
(a) We determine that the entity could not have collected the personal information; and
(b) The information is not contained in a Commonwealth record;
We will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.
4.0.4 If sub clause 4.0.1 does not apply in relation to the personal information, Australian Privacy Principles 5 to 13 applies in relation to the information as if the entity had collected the information under Australian Privacy Principle 3.
1. If we receive Health Information that we did not solicit directly from you, we will determine, within a reasonable period after receiving the information, if we would have been able to collect the information directly from you as part of a Health Services or Radiology Services. If we are not satisfied that we would have been able to lawfully collect the information, then we will (if it is lawful and reasonable) destroy the information or ensure that it is de-identified.
2. If unsolicited personal information is sent to us voluntarily and we are the intended recipients, (i.e. curriculum vitae) we will contact you directly for consent to retain the information securely.
5.0.1 Gold Coast Radiology will collect personal and health information about you/patients. We will at or before the time or, if that is not practicable, as soon as practicable after, we collect personal information about an individual.
5.0.2 Patients will be made aware of collection of information via;
(a) If calling, a voice over prior to connecting to our administration staff will be played advising of collection
(b) Information sheets which you/patients may fill out will advise you/patient’s to be aware of collection and our privacy policy
(c) Our website will allow you/patients access to our privacy policy
(d) In person, our privacy policy and summarised versions of the policy will be available on attending the practice.
5.0.3 When you use Gold Coast Radiology it will be inferred that you consent to your Health and personal information being collected. We will make every effort to make you aware that we are collecting your information
6.0.1 We will use and disclose your Health Information or Sensitive Information if you have consented or if a permitted health situation as defined by the Act exists, including:
a. Providing Radiology Services to you;
b. For research purposes, compilation or analysis, relevant to public health public safety where it is impracticable to obtain your consent and we reasonable believe that if disclosed the recipient will not disclose the information (unless authorized by law) and the use and disclosure is permitted by the Act;
c. We reasonably believe that the use and disclosure is necessary to lessen or prevent a serious threat to life, health or safety of another individual who is a genetic relative of the first individual;
d. Where your illness, medical condition, physical condition or mental condition makes us unable to communicate or obtain consent from you; and/or
e. We are satisfied that the disclosure is necessary for appropriate care or treatment of you.
(the “Primary Purpose”)
6.1.0 To enable our office to perform the Primary Purpose in 6.0.1 above we may need to disclose your Health Information or Sensitive Information to certain individuals and/or organisations, including but not limited to:
6.1.1 other doctors;
6.1.2 other radiologists;
6.1.3 pharmacists;
6.1.4 any other medical professional or any other person as necessary; and/or
6.1.5 publicly available medical records.
6.2.0 We will not otherwise disclose your Health Information or Sensitive Information for another purpose unless:
6.2.1 You have consented;
6.2.2 You would reasonably expect us, or you have been told, that the we will use or disclose the Health Information or Sensitive Information in accordance with the Act;
6.2.3 It is otherwise required or authorised by law; and
6.2.4 It is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body.
6.3.0 Health Information provided by you may be:
6.3.1 Shared with our associated entities as defined by the Corporations Act 2001 (Cth); and
6.3.2 Used by us, as necessary, to enter your Health Information into forms, software and medical databases. Depending on the terms of use of such software and websites, a third party may acquire rights to use or disclose information entered into the relevant forms or websites.
Currently Gold Coast Radiology does not partake in direct marketing to patients, though if in the future we do the guidelines below will be used;
7.0.1 We, or those that we have advised in this Policy that we may share your Personal Information with, may use your Health Information to market products and services to you.
7.0.2 We do not use Sensitive Information for marketing purposes unless you have provided your consent.
7.0.3 If at any time you no longer wish to receive any additional marketing material from us or do not want your Health Information or Sensitive Information used or disclosed for direct marketing purposes, contact our Privacy Officer to be removed from any marketing material.
7.0.4 Gold Coast Radiology may use your email address or mobile phone number to contact you regarding upcoming scheduled appointments that you may have. Gold Coast Radiology may use your email address or mobile phone number to remind you that you may need a follow up study if clincally relevant. Gold Coast Rdiology may use your email address or mobile phone number to inform you of new services, or technologies that Gold Coast Radiology can provide.
7.0.5 Gold Coast Radiology will not disclose collected personal information such as your email address or mobile phone number to any 3rd party for the specific use of marketing. Any marketing information will come direclty from Gold Coast Radiology
7.0.6 Occasionally referring physicians may be contacted by our Radiologists to discuss health information about a specific patient, this is in the beast interest for that individuals wellbeing. A referring physician may “opt out” of such calls.
8.0.1 The use and disclosure of Health Information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.
8.0.2 We may send your Health Information or Sensitive information to parties in another country in performing the Primary Purpose (for example, for an overseas entity to provide a Health Service to you) and we will take reasonable steps to ensure that such entities protect the privacy and security of Health Information or Sensitive Information.
8.0.3 We will not otherwise send Health Information or Sensitive Information about an individual outside Australia without obtaining the consent of the individual concerned (in some cases consent will be implied) and otherwise complying with the Act.
There may be limited circumstances in which it is necessary for us to collect a government related identifier such as your tax file number or Centrelink reference number. We will not use or disclose your government related identifiers unless we are required or authorized to do so by law.
10.0.1 We will endeavor to ensure that your Health Information and Sensitive Information is accurate, up to date and complete.
10.0.2 Administration staff along with technical staff will check and where appropriate update your personal information.
10.0.6 Referring physicians will be contacted incrementally by our staff to maintain accuracy of;
(a) Address
(b) Provider number
(c) Contact details
11.0.1 We will take reasonable steps to ensure the security of your Health Information and Sensitive Information to protect it from misuse, interference and loss and from unauthorized access, modification or disclosure;
11.0.2 We will take reasonable steps to ensure that any Health Information or Sensitive Information no longer needed will be destroyed or de-identified;
11.0.3 You acknowledge that we have a website linked to the iConnect Portal and that you may provide Health Information or Sensitive Information through our website and as a result your Health Information and Sensitive Information may be available through our website.
11.0.4 The iConnect system has a set of terms and conditions, which align with our privacy policy. You are required to read, understand and agree to the terms and conditions prior to using the system.
11.0.5 You may click on a link on our website to another website not affiliated with us. They will have their own Privacy Policy not associated with us. We take no responsibility in this regard.
12.0.1 Your request to access your Health Information is free of charge. Please contact our Privacy Officer in this regard. However, we may charge a fee to cover our expenses associate with locating, retrieving, reviewing and copying any material requested as well as providing the material in your requested format. We will, where practicable, advise of the costs associated with your request in advance.
12.0.2 The Company reserves its right to disclose or not to disclose Health Information or Sensitive Information if such disclosure is prohibited by the Act.
13.0.1 You may request to access Health Information held by us about you and to request the correction or amendment of any Health Information. We will attempt to resolve your request within a reasonable period.
13.0.2 For your own benefit, we will require verification of your identity prior to allowing access to your Health Information.
(Mr Robert Magill)
Address: Attention: Privacy Office
C/- Gold Coast Radiology
Suite 1-4 Harbour Pt
10 Santa Barbara Road
Hope Island QLD 4212
Email: (privacyofficer@gcradiology.com.au)
Telephone No: (07) 5514 2555
Fax No: (07) 5514 2511
By marking the “I AGREE” checkbox you accept that there may be circumstances in which we are authorised by our Privacy Policy or by law to use and disclose your Health Information.
