Privacy Policy

The purpose of this policy is to outline how Youth Focus protects the privacy of individuals.
Youth Focus is a not-for-profit charitable organisation. Our operations include:

• A free, professional counselling service for young people aged 12 to 25 who may be experiencing suicidal thoughts, depression, anxiety and self-harm.
• Mental health programs in schools, workplaces and communities designed to assist people identify and address potential mental health issues and develop the resilience to cope in the future.
• A Peer Support Program providing opportunities for young people to engage in therapeutic recreational activities with other young people who have shared lived experiences.
• A Mentoring Program which supports young people aged 12 to 25 who are experiencing early signs associated with suicide, depression, anxiety and self-harm
• Fundraising events including the Hawaiian Ride for Youth and the Night of Nights Ball raising funds to provide the services above.

We routinely collect personal and sensitive information from individuals to enable us to carry out these services and events.

In this policy, reference to “Youth Focus” or “We” or “Our” means Youth Focus Inc. and its related bodies corporate (as that term is defined in the Corporations Act (Cth)).

Client record covers all forms of documentation recorded by a service provider in a professional capacity, in relation to the provision of client care and includes, but is not limited to: written and electronic health records, audio and visual taping, emails, facsimiles, images (photographs and diagrams), observation charts, check lists, assessment tools, anecdotal notes or personal reflections (held by the clinicians personally) or any other form of documentation pertaining to the care provided.

Health Information has the meaning provided in the Privacy Act 1988 (Cth) and includes:

(a) information or an opinion about:

I. the health, including an illness, disability or injury, (at any time) of an individual; or

II. an individual’s expressed wishes about the future provision of health services to the individual; or

III. a health service provided, or to be provided, to an individual;
that is also personal information;

(b) other personal information collected to provide, or in providing, a health service to an individual;

(c) other personal information collected in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances;

(d) genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

Personal Information has the meaning provided in the Privacy Act 1988 (Cth) which is:

“information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.”

Personal information includes Sensitive Information and Health Information.

Privacy Legislation means all privacy legislation which applies to Youth Focus Inc. and includes the Privacy Act 1988 (Cth);

Privacy Principles means the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).

Sensitive Information has the meaning provided in the Privacy Act 1988 (Cth) which is;

(a) information or opinion about an individual’s:
I. Racial or ethnic origin; or
II. Political opinions; or
III. Membership of a political association; or
IV. Religious beliefs or affiliations; or
V. Philosophical beliefs; or
VI. Membership of a professional or trade association; or
VII. Membership of a trade union; or
VIII. Sexual orientation or practices; or
IX. Criminal record; that is that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information; or
(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) biometric templates.

Website means the Youth Focus Website – www.youthfocus.com.au.

This policy:

• States the Youth Focus commitment to the protection of privacy and the compliant management of personal information; and

• Sets out Our rights and responsibilities in relation to the collection, use, storage and disclosure of personal information.

This policy applies nationally to all entities within Youth Focus, including all headspace Centres operating under Our lead agency. It is applicable to all employed and contracted staff, as well as practicing placement students, who provide counselling and or health services to Youth Focus clients.

Youth Focus Inc. respects the privacy of individuals, and is open about the way it handles personal information (including sensitive information and health information) given to it by staff, volunteers, clients and members of the public.
To enable us to deliver our services and carry on our business, we collect the following types of personal information:

Youth Focus Clients

• Contact details (including name, address, telephone number, email for client and family contacts);
• Personal details (which may include date of birth, gender, nationality, Medicare and health fund details);
• Health information (see the section entitled “Heath Information” below).

Youth Focus Employees, Prospective Employees, Volunteers, Candidates for Volunteer Work, Hawaiian Ride for Youth Riders and Ride Candidates for Hawaiian Ride for Youth.

• Contact details (including name, address, telephone number, email);
• Personal details (including date of birth, country of birth, citizenship, residency and visa details);
• Details of emergency contact persons;
• Information provided by the individual relating to qualifications, skills and experience; languages spoken, drivers licence details;
• Information and opinions from referees for prospective employees and candidates for volunteer work;
• Bank account details;
• Results of a Police Check; and
• Health information (if requested by Youth Focus Inc. in which case the reason for collection of this information will be provided).

Donors

• Contact details (including name, address, telephone number, email);
• Personal details (which may include date of birth, gender, income, areas of interest, donation history); and
• Credit card and bank account details.

If you do not provide personal information reasonably requested by Youth Focus, We may not be able to provide the services or products required to be provided.

Youth Focus may collect personal information in a number of ways. Where possible, Youth Focus collects personal information directly from the individual concerned. Personal information is collected by us through various means, including telephone, face to face meetings, forms and questionnaires.

In some situations, we may also obtain personal information about an individual from a third party. In these circumstances, we will take reasonable steps to contact the individual and ensure that he or she is aware of the purpose for which the information was obtained and how the information will or may be disclosed. For example, we may collect information from a client’s doctor, or from a referee whose details have been provided by a prospective employee or volunteer, or from another person who you have given us the authority to contact.

In providing services to clients, Youth Focus may collect health information. This may include a client’s medical history and treatment notes. We will obtain your prior consent before We disclose this information to anyone and We will explain to you how the information will be used.

If We collect health information from a third party (for example a doctor or specialist health provider) Youth Focus will let you know that this information has been collected and We will explain how the information will be used and disclosed.

Youth Focus will not use health information beyond the consent provided by you unless further consent is provided or in accordance with one of the exceptions under the Privacy Legislation.

If Youth Focus wishes to use health information provided by you for research or statistical purposes, this information will be de-identified unless you have given your consent for us to identify you.

We will obtain your consent before collecting your health information, unless it is unreasonable or impracticable for us to do so. In these circumstances, we may be limited in how we can collect, use and disclose your personal information. We will only do so in accordance with the Privacy Legislation.

If you are not able to provide your consent, the Privacy Legislation allows us to obtain consent from your legal guardian or attorney or someone else who is entitled to act on your behalf.

If you cannot give us your consent for any reason, the Privacy Legislation also allows us to disclose your personal information in limited circumstances if the disclosure is necessary to enable us to provide you with appropriate care or treatment.

Other than as set out in this Policy, Youth Focus will only use and disclose your personal information for the purpose for which it was collected.

We may share your personal information within the departments and bodies corporate forming part of Youth Focus.

Wherever practicable and clinically appropriate, if information needs to be shared without the client’s consent, the client in question should be notified prior to anyone being contacted.

Youth Focus will ensure that decision making relating to breaking confidentiality is discussed with line management and appropriately documented in the clients file.

We may also disclose your personal information to external organisations including:

• Government departments and agencies who provide funding for Youth Focus services;
• External assessment entities and agencies;
• Emergency services (including ambulance, police, fire brigade) who may be called upon to assist during the delivery of Youth Focus services;
• Doctors and health care professionals, who assist us to deliver our services;
• Other regulatory bodies (for example the Australian Taxation Office, Worksafe, the Workplace Gender Equality Agency, Centrelink);
• Referees provided by you;
• Former employers of people who apply for employment or volunteer services at Youth Focus;
• Credit agencies; and
• Youth Focus’s professional advisers, including lawyers, accountants and auditors.

Except as set out above, Youth Focus will not disclose an individual’s personal information to a third party unless:

• the individual has consented to the release;
• the release is authorised or required by law; or
• Youth Focus reasonably believes that an individual or the public will be harmed if the release is not made.

Unauthorised disclosure of client information is considered an act of misconduct and will be dealt with in accordance with Youth Focus performance management procedures.

Under the provisions of the Criminal Code a client is able to take legal action against employees for any unauthorised disclosure of confidential information concerning the client. The duty of confidentiality does not cease when the professional relationship with the client has ended.

Unless an individual has opted not to receive such communications, Youth Focus may use personal information to contact that individual (including in person or by telephone, email or text message) in relation to campaigns run by Youth Focus that We reasonably believe may be of interest to the individual. An individual may at any time opt out of receiving such communications by calling Youth Focus on 08 6266 4333 or by emailing [email protected]

Youth Focus stores personal information within Australia, ensuring that it remains protected in accordance with the Australian Privacy Legislation.

Youth Focus produces publications (including information brochures and a regular newsletter) and from time to time runs promotional campaigns to raise awareness of its services, raise funds and provide information to the public and other stakeholders. Some of these publications include photographs, video footage and sound recordings in electronic media.

Wherever practicable, we will obtain an individual’s consent before using or publishing any image or recording of that individual for marketing purposes.

Information may be disclosed if it is considered necessary to research and has been approved by an Institutional Ethics Committee. If the individual has not consented to participate in the research, any personal information collected must be de-identified. When client information is required for statistical purposes, information will be de-identified. Youth Focus may, from time to time, carry out evaluations on the outcomes and impact of Our services for planning, service improvement and fundraising purposes. Data used for this purpose will always be de-identified.

Under the Privacy Principles (subject to some exceptions), you have a right to access and copy personal information which We hold about you. You also have a right to ask Youth Focus to correct personal information which is inaccurate, incomplete or out of date.

Youth Focus undertakes:

• to deal with requests to correct your personal information promptly and confidentially;
• to correct any inaccurate or out of date information which is brought to our attention; and
• that your request to access your personal information will not affect any commercial or professional relationship which you may have with Youth Focus.

Requests for information or access to your information, or corrections to your personal information should be made in writing addressed to 54 Goodwood Parade, Burswood, WA 6100, and provide proof of your identity.

Youth Focus will take all reasonable steps to provide you with access or the information requested by you within 14 days of your request. If We need more time, (for example, if We need to access a large volume of information) We will use our reasonable efforts to provide you with access or the information requested within 30 days of your request.

Youth Focus may charge you reasonable fees to reimburse us for the cost incurred in meeting your request for information, including photocopying and delivery cost of information which is stored offsite.

Youth Focus may refuse access to information requested by you in certain circumstances. These include if:

• the request relates to personal information about someone other than you;
• providing you with access would pose a serious and imminent threat to the life or health of a person;
• providing you with access would create an unreasonable impact on the privacy of others;
• the request is frivolous or vexatious;
• providing access would prejudice negotiations between you and Youth Focus;
• access would be unlawful;
• denial of access is authorised or required by law;
• access would prejudice law enforcement activities;
• access discloses a ‘commercially sensitive’ decision making process or information; or
• any other reason that is provided for in the Privacy Principles or the Privacy Legislation.

If we deny you access to any information requested by you, we will give you our written reasons for doing so and the reasons for refusing access will be noted in the client’s records. If there is a dispute about your right of access to information, this will be dealt with in accordance with the complaints procedure set out in clause 14 of this Policy.

Youth Focus takes reasonable steps to ensure the security and privacy of personal information held by us. The security and reliability of Youth Focus IT systems are controlled by organisational policies, role-based security and best-practice technologies. For further detail, refer to the IT Security Policy.

An unauthorised breach of client information happens when personal information is accessed or released without authorisation, or is lost. Any unauthorised breach of client information is taken seriously by Youth Focus and if unrelated to any of the aforementioned exceptions, is considered an act of misconduct and may result in:

• disciplinary action by the employer of the person who made the unauthorised disclosure;
• disciplinary action by the health professional’s regulatory body;
• an action for damages against the person who made the unauthorised disclosure and/or his or her employer;
• penalties, including fines, as specified in the Health Services Act or other legislation as relevant; Once a breach of client information is made aware to Youth Focus, a clinical incident form must be completed as stipulated within the Youth Focus Incident Management and Reporting Procedure. The duty of confidentiality does not cease when the professional relationship with the client has ended.

If you have provided us with personal and sensitive information or We have collected and hold your personal information, you have a right to make a complaint and have it investigated and dealt with under this complaints procedure.

Any complaint can be sent in writing to 54 Goodwood Parade, Burswood WA 6100 or by email to [email protected]

We will use our reasonable endeavours to resolve any complaint within a reasonable timeframe; we will make contact with you within three business days acknowledging the complaint and endeavour to resolve the complaint within 20 business days. However, if the matter is complex, resolution of your complaint may take longer.

We will keep a record of your complaint and the outcome.

There is currently no legislation in Western Australia mandating the retention or destruction of health information, however, Youth Focus aligns with legislation held in Victoria, New South Wales and the Australian Capital Territory for retaining health records. Health records are retained until the client turned 25 years of age or seven years after their last health service. Youth Focus disposes of records by maintaining a register with relevant details and taking steps to protect client confidentiality. This involves taking reasonable steps to destroy or permanently de-identify the personal health information of the client.

This Privacy Policy may be updated from time to time. The latest version of the Privacy Policy will always be available on this Web page.