Privacy Policy

1. Privacy Commitment and Scope of Policy

Braemar Presbyterian Care (Braemar) is committed to ensuring that  your information is managed in accordance with the Privacy Act 1988 (Cth) (Act) and the requirement of the Australian Privacy Principles.

This Policy sets out Braemar’s rights and responsibilities in relation to the collection, use, storage and disclosure of personal and sensitive information.

2. What Personal Information does Braemar Collect?

We routinely collect necessary personal and sensitive information as required to perform our core business functions.

Residents and/or their representatives will be asked on admission to inform the organisation of the contact details of One (1) Primary Contact Person. The Primary Contact Person, in agreement with the resident if able, will be the only person that staff are able to give information to in relation to the Resident’s personal and sensitive information.

Should the Resident/Representative wish to have more than One (1) Contact person, this is to be discussed with the Facility Manager for documentation and communication.

2.1 Personal and sensitive information (Information) collected and held by us may include:

 Braemar residents and prospective residents

  • Contact details (including name, address, telephone number and email address);
  • Personal details (including date of birth, gender, religious affiliations, Medicare and health fund details);
  • Property, real-estate or other assets,
  • Health information and history; and
  • Credit card and bank account details.

Braemar employees, volunteers and candidates for employment or volunteering

  • Contact details (including name, address, telephone number and email address);
  • Personal details (including date of birth, country of birth, citizenship, residency and visa information);
  • Qualification, skills and experience;
  • Information and opinions from referees;
  • Bank account details;
  • Results of police check; and
  • Health information.

3. How does Braemar Collect Information?

a) Information may be collected by us through various means, including in face to face meetings, by telephone, forms and questionnaires.

b) Where possible, Braemar collects Information directly from the individual concerned or their legal representative.

c) We may also collect residents’ health information from previous and/or current health care providers.

4. How does Braemar Use the Information it Collects?

a) Primary purpose refers to the particular purpose for which the information in question was collected.

b) Secondary purpose is any purpose other than the primary purpose for which we have collected your Information. Information will only be disclosed or used for a secondary purpose where:

  • you have consented to the use or disclosure;
  • you would reasonably expect Braemar to use or disclose the Information for that secondary purpose;
  • the use of disclosure is required by or under an Australian law or a court/tribunal order;
  • a ‘permitted general situation’ exists, such as lessening or preventing a serious threat to life, health or safety, locating a missing person or to undertake a confidential alternative dispute resolution process; and
  • Braemar reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by or behalf of an enforcement

c) We use or disclose Information for the primary purpose for which it was collected, or as permitted or required by law.

d) We will not use or disclose Information for any secondary purpose including for the purpose of direct marketing without your consent unless the Information is collected directly from you or your legal representative and:

  • You would reasonably expect us to use your l Information for direct marketing; and
  • You have not elected to ‘opt out’ from receiving any direct marketing materials from Braemar. To opt out, please contact us at the following email address or via the contact details set out below in section 9.

e) Braemar may disclose your Information to external organisations including:

  • External assessment entities and agencies;
  • Emergency services (including ambulance and police);
  • Doctors and other health care professionals;
  • Referees if you apply for employment or volunteer work; and
  • Braemar’s professional advisers.

We may also give your address details to third parties (such as couriers, bulk mail / direct mail distributors, or Australia Post) for the purposes of mailing communications to you.

Where a party, other than an employee or officer of Braemar, has access to your Information, they will be required to comply with the Act and the Australian Privacy Principles and, where appropriate, to enter into privacy agreements with Braemar.

f) From time to time, Braemar produces publications, promotional material and information brochures which may include photographs, video footage and sound recordings. Wherever practicable, Braemar will obtain your consent prior to using or publishing your image or recording for marketing purposes.

g) Other than as set out above and below in section 5, we will not disclose your Information to a third party, unless you consent to the disclosure.

5. How does Braemar Store and Protect the Information it Holds About You?

a) Braemar stores Information in paper copy form as well as electronically. We take reasonable steps to protect the security of the Information it holds from misuse, interference and loss, as well as unauthorised access, modifications or disclosure.

b) We will take all reasonable steps to destroy or de-identify Information held once it is no longer required.

c) It is not currently standard practice for Braemar to disclose personal information to overseas recipients. Braemar reserves the right to do so. Indirect overseas disclosure may occur via third party data and storage providers, and hosting entities overseas. Overseas disclosure may occur in the future if Braemar changes its current structure so that our:

  • website may be hosted overseas;
  • email and other communication systems, such as, but not limited to, Survey Monkey, Create Send, Mail Chimp, or Campaign Monitor, may be hosted overseas;
  • back up of collected Information may be on a cloud based system provided by a third party data storage provider; and
  • communications via social media may be hosted overseas.

If Information is transmitted overseas, Braemar will not disclose Information to entities without a privacy policy meeting or exceeding the standard of stringency contained in this Privacy Policy. Where third party social media sites are used, those social media sites’ terms and conditions and privacy policies will govern their use of your Information.

d) Braemar has a policy in place for determining whether we will retain or destroy records of personal information. We periodically review the records of the Information we hold. Where we have held such records for the length of time required under the relevant legislation and in accordance with Appendix B: Destruction of Records Schedule of our Records Management Policy over seven years or have records for a project of plan which was completed over seven years ago in our possession, we will take reasonable steps to determine whether it is appropriate for Braemar to retain or destroy that information.

6. How can You Access Your Information

a) If you wish to access the Information that we hold about you, you can contact us in writing, by email or by telephone and request access to your Information. Our contact details are set out within section 9 of this Policy. Braemar will always try to meet your request within a reasonable timeframe.

b) In some circumstances, your request for access may be denied. These circumstances may include:

  • If we no longer hold any Information about you;
  • If your request is frivolous or vexatious;
  • If the Information requested relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
  • If providing access would be unlawful; and
  • If denying access is required or allowed by law.

c) Access to Information may result in administrative or reproduction fees.

d) If we are unable to give you access to the Information you have requested, we will provide you with written reasons for this decision when we respond to your request.

7. Correction Your Personal Information

It is important that the Information Braemar holds about you is accurate and up-to-date. You are expected to provide us with any changes to your Information (including change of address, name, telephone number or email address) to enable us to update our records. We will always take reasonable steps to ensure that the Information held about you is accurate and up-to-date.

8. Notifiable data breaches

We are committed to protecting information we hold about you, and to compliance with the Notifiable Data Breaches scheme.

Where we become aware of a potential data breach which is likely to result in serious harm to any individuals about whom we hold information, we will:

  • investigate the suspected breach and determine scope of any breach that has occurred and the risk of harm to affected individuals whose information may have been compromised;
  • notify you and the Privacy Commissioner of the potential breach; and
  • take steps to minimise any harm caused to affected individuals as a result of the breach.

9. Revision History

You can contact Braemar during office hours if you have any questions, concerns or complaints about this Privacy Policy or the way in which we collect, store and disclose your personal information. We will always try to respond to you and address your questions, concerns or complaints within a reasonable time.

This Privacy Policy is available on the Braemar website at you can also contact us and request that a copy of this Policy be sent to you by mail or email.

Braemar’s contact details are set out below:

Contact Person:              Chief Executive Officer or delegate
Telephone number:       (08) 6279 3636
Office Address:                31 Moorhouse Street, Willagee WA 6156
Postal Address:               PO Box 1115, Willagee WA 6156

10. Complaints Procedure

You have the right to make a complaint in relation to the manner in which Braemar collects, uses or discloses your Information. Any complaint should be sent to the contact person named in Section 9 of this Policy. Upon receiving a complaint, we will deal will investigate your complaint and deal with it in accordance with our relevant policies and procedures.

We will use our reasonable endeavours to resolve any complaint within a reasonable timeframe, and will respond to you within 30 days. However, if the matter is complex, resolution of your complaint may take longer.

11. Related Documents

  • Image Release Form
  • Data Breach Response Plan

12. References

  • The Privacy Act 1988 (Privacy Act)

13. Revision History

Reviewed by Amendments Revision
30.03.17 QRS/EMCSD Inclusion of primary contact persons requirements
14.12.17 CEO Preparation for 2018 Privacy Act changes
23.01.18 Committee Minor amendments

Approved by: Chief Executive Officer
Executive responsible: Chief Executive Officer
Date approved: December 2017
Aged Care Standard: 1: Management Systems, Staffing and Organisational Development