Purpose
This policy will guide the Victorian Collaborative Centre for Mental Health and Wellbeing’s (the Collaborative Centre) approach to privacy and its privacy awareness culture. The Collaborative Centre acknowledges the importance of maintaining the privacy of all people it works and collaborates with, particularly given the sensitive nature and focus of its work.
This policy reflects the requirements of the Privacy and Data Protection Act 2014 (Vic) and the Information Privacy Principles, as well as the Health Records Act 2001 (Vic) and the Health Privacy Principles. Access to and correction of information under the Freedom of Information Act 1982 (Vic) is addressed separately in the Collaborative Centre’s Freedom of Information Procedure.
Application
This policy applies to all employees, Committee members and Board Members of the Collaborative Centre, as well as any contractors, consultants and any individuals or groups undertaking activity for or on behalf of the Collaborative Centre.
It applies to personal information, sensitive information and health information collected and held by the Collaborative Centre.
About the Collaborative Centre
The Collaborative Centre is a statutory authority established by the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 (Vic) (the Act) and has several functions including:
• to provide, promote and coordinate the provision of mental health and wellbeing services;
• to assist service providers to facilitate and improve access to mental health and wellbeing services;
• to provide or arrange the provision of specialist support services and care for persons who have experienced trauma;
• to develop strategies for conducting research, and applying and disseminating research findings in the field of mental health and wellbeing;
• to conduct, promote and coordinate research in the field of mental health and wellbeing;
• to provide, promote and coordinate activities that support the continuing education and professional development of service provisions and researchers;
• to provide advice and guidance to service providers and practitioners in relation to the provision of mental health and wellbeing services.
In addition to its functions, which can be found in full at section 8 of the Act, the Collaborative Centre undertakes activities in line with its Statement of Priorities, which is agreed between the Collaborative Centre and the Minister for Mental Health.
We undertake our functions and activities consistently with the guiding principles of the Act, which include recognising that:
• the mental health and wellbeing is shaped by the social, cultural, economic and physical environments in which people live;
• the inherent dignity of people living with mental illness or psychological distress is to be respected;
• family members and carers of people living with mental illness or psychological distress are to have their contributions recognised and supported;
• comprehensive mental health and wellbeing treatment, care and support services are to be provided on an equitable basis; and
• collaboration and communication is to occur between services and beyond the system;
• people living with mental illness or psychological distress, their family members, carers, and local communities, are central to the planning and delivery of mental health treatment, care and support services; and
• mental health and wellbeing services are to be informed by continuing research, evaluation and innovation to respond to community needs now and into the future.
The Collaborative Centre’s responsibilities in relation to privacy are governed by the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic).
Information that the Collaborative Centre collects
The Collaborative Centre may collect personal, sensitive and health information in the course of its work, including as permitted by section 35 of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 (Vic).
Personal information is information or an opinion recorded about an identified (or reasonably identifiable) person, other than health information.
Sensitive information is information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a members of a professional, trade association or trade union, sexual preferences or practices or criminal record, that is also personal information.
Health information is information or an opinion about an individual’s physical, mental or psychological health, disability and/or expressed wishes about the future provision of health services. It also includes information about a health service provided, or to be provided, to an individual, certain genetic information and certain information about bodily donations made by an individual.
The Collaborative Centre will only collect personal, sensitive and health information when necessary for one or more of its functions or activities (as listed above in section 3 of this Policy) and will collect it in a fair, lawful and reasonably unintrusive way. Wherever possible, information about a person will be collected from that person. Sensitive and health information will only be collected with your consent and/or as permitted by relevant laws.
If we request information from you, the request will be accompanied by an Information Collection Statement, which will tell you why we are requesting the information, the purpose for which the information will be used, how the Collaborative Centre may disclose that information, how you can access your information from the Collaborative Centre and what might occur if you decide not to provide the information requested (including whether the collection of the information is compulsory or optional).
Under the Act and for the purposes of conducting research, the Collaborative Centre can collect information, including personal and health information, from mental health services providers, certain public bodies, Victorian Police, data sharing bodies and courts or tribunals.
How the Collaborative Centre uses and shares information
The Collaborative Centre will only use or disclose information about you for the purpose that the information was collected (‘the primary purpose’). We may use the information for another purpose (‘the secondary purpose’) if:
• the secondary purpose is related to the primary purpose and if you would have expected the Collaborative Centre to use or disclose the information in that way;
• you consent to the Collaborative Centre using your information for the secondary purpose; or
• the Information Privacy Principles or Health Privacy Principles permits the use of disclosure of the information.
There are some circumstances in which the Collaborative Centre may be required by law to use or disclosure your information. Generally, the Collaborative Centre may disclose or share your information with:
• the Victorian Department of Health and the Victorian Minister for Mental Health for reporting purposes;
• its partners and collaborators for the purposes of carrying out its function and activities; and
• its contractors or agents, including for the purposes of seeking professional and legal advice.
Where the Collaborative Centre discloses information to the above individuals or organisations, the Collaborative Centre will, as appropriate, take reasonable steps to ensure that your personal privacy is maintained by the person to whom the information was disclosed.
If the Collaborative Centre becomes aware that your information has been inappropriately used or disclosed, the Collaborative Centre will take steps to inform you and take action to prevent similar breaches from occurring in the future.
How you can access your information
You have a right to access information held by the Collaborative Centre about you or request a correction to that information. If you would like access to be given or corrections to made, please submit your request in writing to the Collaborative Centre, including relevant details about the information or correction you are requesting. Where you are requesting a correction, the Collaborative Centre may ask you to confirm the accuracy or up-to-date nature of that correction.
These requests can be lodged to:
The Privacy Officer
Victorian Collaborative Centre for Mental Health and Wellbeing
Level 8
50 Lonsdale Street
MELBOURNE 3001
OR
Attn: The Privacy Officer
collabcentre@vccmhw.vic.gov.au
If you require any assistance lodging your request, or you are not able to lodge your request in writing, please contact the Collaborative Centre’s Privacy Officer on 03 9456 4286.
The Collaborative Centre may request that you verify your identity in an appropriate way after receiving your request for access or correction.
The Collaborative Centre will manage requests for access and correction in accordance with the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic) or the Freedom of Information Act 1982 (Vic) as appropriate. For more information about the Collaborative Centre’s approach to requests under the Freedom of Information Act 1982 (Vic), please refer to the Collaborative Centre’s Freedom of Information Procedure.
What to do if you have a concern about your privacy
If you wish to make a complaint about how the Collaborative Centre has used, disclosed or managed your information, please lodge your complaint in writing to:
The Privacy Officer
Victorian Collaborative Centre for Mental Health and Wellbeing
Level 8
50 Lonsdale Street
MELBOURNE 3001
OR
Attn: The Privacy Officer
collabcentre@vccmhw.vic.gov.au
If you require any assistance lodging your complaint, or you are not able to lodge your complaint in writing, please contact the Collaborative Centre’s Privacy Officer on 03 9456 4286.
The Collaborative Centre seeks to resolve privacy complaints in a fair and efficient way and will keep you informed about the progress of your complaint as appropriate. The Collaborative Centre will also aim to give you access to any supports you need to raise a complaint, including supports for people who are culturally or linguistically diverse.
If you are dissatisfied with the outcome of your complaint to the Collaborative Centre, you may lodge a complaint about personal information with the Office of the Victorian Information Commissioner (OVIC) or a complaint about health information with the Officer of the Health Complaints Commissioner (OHCC).
Review
The Collaborative Centre will monitor the implementation of this policy and review it as appropriate. At a minimum, it will be reviewed every two years or when amendments to relevant legislation or policy require.
Updated