Privacy Policy

This document complies with free Privacy Act 1998 and 2001 private sector amendment. For further information regarding this act please refer to http:\\www.Privacy.gov.au.

Privacy

MKA Risk Mitigation might be required to collect and use personal Information in order to provide research, executive coaching or organisational development services. As such, we endeavour to respect the privacy of all our clients and therefore operate within common law provisions, the Freedom of Information Act 1982 and the Privacy Act 1988.

Certain restrictions to these acts apply to Claimants of Workers Compensation. In relation to Workers Compensation cases MKA Risk Mitigation comply with The Investigations Code of Practice which has been developed by Privacy NSW. The code of practice is made in accordance with Division 1 of Part 3 of the Privacy and Personal Information Protection Act 1998. The code is designed to strike a balance between the right of privacy for individuals and also to enable MKA Risk Mitigation on behalf of Work Cover, to perform investigative functions.

Privacy NSW recognises that there is a clear public interest in allowing Work Cover to properly carry out its prosecution role. This role could be seriously compromised if Work Cover was forced to immediately alert a person that they were under investigation. Likewise it is not always in the public interest for Work Cover to disclose the full nature of its case prior to it initiating legal proceedings. The Code of Practice can be found at section 7.1.1 of Work Covers Management Plan available from Martha Knox and associates upon request.

Similarly during investigations of Victims of Crime, information may be withheld under section 6.4 of the Victims Rights Act 1996, should the disclosure of information jeopardise the investigation.

MKA Risk Mitigation will not collect any Information about our clients unless it is necessary for assessment, intervention or legal purposes. MKA Risk Mitigation endeavour to ensure that the information about our clients is collected in a fair, lawful and unobtrusive way.

To ensure the fair collection of information about their clients, MKA Risk Mitigation will:
• Inform all clients of information that is to be collected about them and the purpose of collecting such information To ensure the lawful collection of information about their clients, MKA Risk Mitigation will:
• Obtain oral or written consent from all clients when collecting information from third parties
• Collect information without consent, only if there is a law requiring them to do so. Such laws include Commonwealth, State and Tertiary legislation as well as the common law.
• To ensure that information collected about you as a client is not collected in an obtrusive way, MKA Risk Mitigation will:
• Where possible collect Information directly from you as the client and not a third party.
• Ensure that all information is collected in a confidential manner (for example discussing personal information in our private consultation rooms, in the privacy of your own home or in a private workplace office)
• Obtain oral or written consent from their client if information is required from a third party about the client.
• Ensure that their clients are informed as soon as practical when information is collected from a third party without oral or written consent, indicating to the client what information was collected, by whom, for what purpose and how it may be accessed.

MKA Risk Mitigation will only use or disclose information about their clients for the purpose it was collected unless the client has consented to a secondary purpose.

All clients will be made aware of, and consent to, the disclosure of information to employers and or other health care providers. including referrals to specialists and hospitals.

Information about a client may be used or disclosed by MKA Risk Mitigation without consent when:
• The use or disclosure of such information is for a secondary purpose which is related to the primary purpose and a person would reasonably expect such use or disclosure
• The use or disclosure of such information is related to public Interest such as law enforcement and public or individual health and safety.
• The information has been subpoenaed in a court of law.
• The person to whom the information is being disclosed is the person legally responsible for a client who does not have the capacity to give consent (for example a child, or client who suffers from a developmental disability or dementia) and MKA Risk Mitigation are satisfied that the disclosure is necessary for appropriate care or disclosure is not contrary to the wishes of the client.
• Oral or written consent will be acquired prior to MKA Risk Mitigation utilising your personal health information for research or statistical purposes or for any purpose other than that for which it was collected.

Note: A person is responsible for an individual if they are a parent, a child or sibling aged at least 18 years, a spouse or de facto spouse, an immediate relative aged at least 18 years that is also a member of the individuals household, a guardian or have power of attorney that is exercisable in relation to the individual's health, have an intimate personal relationship with the individual or have been nominated by the individual in case of an emergency.

MKA Risk Mitigation endeavour to take reasonable steps to ensure that the personal information they collect uses or discloses is accurate, complete and up-to-date.

MKA Risk Mitigation endeavour to take reasonable steps to protect the personal information of it's clients from misuse, loss, unauthorised access, modification and disclosure by:
• Ensuring all paper based client records are kept in a locked filing cabinet at all times
• Ensuring electronic client health records are only accessible the MKA Risk Mitigation by password
• Ensuring all electronic client health record data stored on a back-up medium are kept in a locked cabinet
• Ensuring access to all client health records is on a 'need-to' only basis.
• Ensuring all personal client information that is no longer used or being disclosed is destroyed or permanently de-identified

MKA Risk Mitigation have the following policies regarding the handling practices of personal client information*:

MKA Risk Mitigation hold personal Information relating to:
• Clients rehabilitation and treatment
• Clients liability and damn determination
• Clients personal history and workplace history

MKA Risk Mitigation uses client personal information for:
• The facilitation of generalist counselling and treatment services
• Workers compensation claims including:
• The determination of liability
• Rehabilitation and treatment
• Risk management recommendations

When Personal information is no longer being used by MKA Risk Mitigation this information:
• Is stored in a locked filing cabinet off-site for a period of seven years
• Is permanently destroyed via a shredding machine

Under most circumstances clients may access the personal information MKA Risk Mitigation have kept on their file. MKA Risk Mitigation may discuss the contents with them and/ or give them a copy.

To access this information clients must:
• Lodge a request in writing to Martha Knox.
• Workers compensation clients should apply In writing to their insurance company or relevant law firm,
• All requests will be responded to within "30" days and an appointment will be made if necessary for clarification purposes.

MKA Risk Mitigation are bound by the National Privacy Principles, however MKA Risk Mitigation are also bound by:

Certain restrictions to this policy may apply to Claimants of Workers Compensation. In relation to Workers Compensation cases MKA Risk Mitigation comply with The Investigations Code of Practice which has been developed by Privacy NSW. The code of practice is made in accordance with Division 1 of Part 3 of the Privacy and Personal Information Protection Act 1998. The code is designed to strike a balance between the right of privacy for individuals and also to enable MKA Risk Mitigation o n behalf of Work Cover, to perform investigative functions.

Privacy NSW recognises that there is a dear public interest in allowing Work Cover to properly carry out its prosecution role. This role could be seriously compromised if Work Cover was forced to immediately alert a person that they were under investigation. Likewise it is not always in the public interest for Work Cover to disclose the full nature of its case prior to it Initiating legal proceedings. The Code of Practice can be found at section 7.1.1 of Work Covers Management Plan available from Martha Knox and associates upon request.

Similarly during investigations of Victims of Crime, information may be withheld under section 6.4 of the Victims Rights Act 1996, should the disclosure of information jeopardise the investigation.

If you have a concern about the management of your personal information, please inform Martha Knox. Upon request you can obtain a copy of the National Privacy Principles, which describe your rights and how your information should be handled. Ultimately, if you wish to lodge a formal complaint about the use of, or access to, your personal information, you may do so with the Office of the Federal Privacy Commissioner on 1300 363 992, or GPO Box 5218, Sydney, NSW 1042.

Telephone: (02) 9264 9954

Facsimile: (02) 9231 7575

*Certain exceptions do apply to these Policies, for details of such exceptions please see the full documentation regarding privacy and your personal information.

MKA Risk Mitigation provide all their clients access to their own personal information held by MKA Risk Mitigation upon request Such access is available upon appointment only, during opening hours unless prior arrangements are made with the staff of MKA Risk Mitigation. Access will be provided within 30 days of a request.

MKA Risk Mitigation in compliance with the Privacy act 1988 do not charge a consultation fee against an individual accessing their personal information. However, should consultation be required for the sole purpose of discussing the clients personal information standard consultation fees apply. Additionally, charges may apply for any associated costs related with the provision of copies of personal information if required.

Personal information that is deemed by the client to be inaccurate or out-of-date will be amended by attachment only. Original documentation will not be amended or erased upon request. However, MKA Risk Mitigation provide their clients with the right to add (without modifying original documentation) their own statements to their personal health record If they so chose.

A consultation fee will be levied by MKA Risk Mitigation should further assessment be required to update incomplete or out-of date information about a client.

MKA Risk Mitigation may deny access the a clients own personal information if providing such access would pose a serious and imminent threat to the life or health of any Individual or to the privacy of any other Individual or if the request is frivolous or vexatious or involves information that relates to existing or anticipated legal proceedings.

MKA Risk Mitigation provide the opportunity for clients to act anonymously whenever it Is lawful and practicable to do so.

• a clients health/behaviour poses serious risk to themselves or others or their health / behaviour Is required to be notified by law.
• providing an anonymous service would jeopardise the quality and timeliness of the health care provided
• Identification Is required to provide a health service (eg. workers compensation)
• Identification is required for medico-legal purposes

In such cases that personal information must be transferred to foreign country, MKA Risk Mitigation will ensure that the transfer of such information is conducted In a secure, confidential and timely manner.

Sensitive information is; in formation or an opinion about an individual's racial or ethnic origin, political opinions or affiliations; religious beliefs or affiliations or philosophical beliefs, memberships of trade associations or unions, sexual preferences or practices or criminal record, that is also personal information or health information.

MKA Risk Mitigation will endeavour to ensure that sensitive information about a client will not be collected unless the client has consented, It is required by law, or in other special specified circumstances, for example, relating to health services provision and individual or public health or safety, or where it is Impractical to seek consent In such cases, information will be permanently de-identified before it is disclosed.

In those circumstances whereby sensitive information must be collected, such collection will be completed. in accordance with professional rules of confidentiality.

If personal information is not collected for reasons of providing a health service to a client but for reasons of public health or safety (eg.: research) then MKA Risk Mitigation will take steps to permanently de-identify the information before it Is disclosed.