2015 Carers NSW Biennial Conference:

Let’s revolutionise caring: inclusion, innovation, diversity

Novotel Sydney Olympic Park

22 May 2015

Nalika Padmasena

Solicitor

What is Privacy

� R vs Broadcasting Standards Commission: Ex parte

British Broadcasting Corp [2000] EWCA 59

� Victoria Park v Taylor (1937) HC

� Grosse v Purvis (2003) QDC151

� Doe v Australian Broadcasting Corporation & Others

(2007) VCC 281

What is a breach of Privacy

� Generally – any action which constitutes a breach of

basic rights. But would not necessarily be actionable

in court

� Section 13A –Privacy Act 1988

� Breaching Privacy Guidelines

What is Confidentiality

� Communications between individuals with an

inherently private relationship

� information that is not usually obtainable or easily

accessible to the public

� Ethical responsibility as opposed to Privacy

� Obligation that restricts disclosing any information

Question

� Can I access my mum’s files and records

� The sources of law are to be found in the Aged Care

Act 1997 and the Privacy Act 1998 and in the

various State and Territory laws which apply to

medical record keeping.

Main legislations in NSW

� The Privacy & Personal Information Protection Act

1998.

� Health Records & Information Privacy Act 202

� NSW Privacy Commissioner

key words and phrases that are used in the Privacy Act and the Australian Privacy Principles (APPs)

� APP Entity

� personal information

� Personal information collected ‘in Australia’

� From 12 March 2014 the Australian Privacy

Principles come into force, replacing the

National Privacy Principles (NPPs) and the

Information Privacy Principles (IPPs).

� The NPPs and IPPs continue to apply to acts

or practices that occurred prior to 12 March

2014.

� The 13 APPs are contained in schedule 1 of

the Privacy Act 1988 (the Privacy Act).

APPs

� APP 1 open & transparent management of

personal information

� APP 2 anonymity & pseudonymity

� APP 3 collection of solicited personal

information

� APP 4 dealing with unsolicited personal

information

� APP 5 notification of the collection of

personal information

� APP 6 use and disclosure of personal

information

� APP 7 direct marketing

� APP 8 cross-border disclosure

� APP 9 adoption, use or disclosure of

government related identifiers

� APP 10 quality of personal information

� APP 11 security of personal information

� APP 12 access to personal information

� APP 13 correction of personal information

Photographs

� Victoria Park v Taylor (1937) HC

� Summary Offence Act 1988 (NSW)

Aged care Agreements

� http://www.myagedcare.gov.au/considering-

aged-care-home/resident-agreement

� http://www.health.gov.au/internet/main/publis

hing.nsf/Content/ageing-acat

� Elder Law in Australia, Lewis,R, 2nd edition

2011

Retirement Villages

� Section 66 of the Retirement Villages Act

1999

Wills and other legal documents

� Privilege information

� Duke of Portland v Topham (1884) 11HL Cas 32 at

54

Useful links:

� ComLaw website: Aged Care Act 1997 &

Privacy Act 1988

� Office of the Privacy Commissioner

� Aged care legislation - links to related principles and

Act

� articles:

� 15/03/2010 - A legal perspective

� 26/08/2009 - Residential care agreements: tips and

tricks

TARS provides

� Aged care advocacy

� Legal advice to older people – Older

Persons’ Legal Service & Retirement Villages

Service

� Education/Information

TARS services are

� Confidential

� Independent

� All NSW

� Free

Contact TARS

Phone : (02) 9281 3600 – Sydney Metro

1800 424 079 – NSW Country

Fax: (02) 9281 3672

Email: tars @ tars.com.au

Website: www.tars.com.au