7. Privacy and Confidentiality
7.1 Privacy and Confidentiality
All service providers, including all subcontractors, employees and volunteers engaged in the performance of funded projects under the Mental Health Community Based Program are required to sign a Confidentiality Deed, relating to the non-disclosure of confidential information. These signed Confidentiality Deeds will need to be provided to the Department and be completed for all new employees. The Confidentiality Deed is attached to the Draft Funding Agreement for your information.
The Confidentiality Deed refers to all records and information that service providers collect for the funded project that contain the personal information, such as medical histories, of the project participants.
Detailed information is provided in the Funding Agreement Terms and Conditions.
7.2 Freedom of Information
The Freedom of Information Act 1982 (the FOI Act) gives the public the right to access information in the possession of the Department with certain limited exceptions. Information collected or held by the Department may be made available on request, unless exempted under the relevant provision of the Act or under specific legislation that provides for the confidentiality of that information.
The Department has a statutory obligation to observe the FOI Act and must help all applicants make a valid application under the Act. The Department will observe strict time frames when acknowledging and responding to requests made for access to documents under the FOI Act. Any application for access to documents under the FOI Act must be made by letter or statement, or (where available) by completing a form.
7.3 Security of Information
7.3.1 Service Providers
Service providers are required to store records in a secure place and dispose of them in an appropriate manner. Service providers should retain a copy of all reports; records or account books in original form for at least 5 years following the expiry or termination of the Funding Agreement.
7.3.2 The Department
The Department is required to maintain all records (hard copy and electronic) in accordance with the Archives Act 1983 and the Department’s Records and Document Management Policy and Guidelines.