WHOLE HEALTH TERMS OF AGREEMENT

Confidentiality Agreement and Privacy Policy

1.0   Summary 

All patient information will be treated as confidential, including the fact that the patient receives (or previously received) services through this clinic. The privacy and confidentiality of our patients are protected under ethical codes and state and federal laws and regulations. No patient information will be disclosed without the explicit informed consent of the patient and authorisation by their clinician except where we are required to do so by law. 

2.0   Purpose

This document explains how Whole Health maintains the personal and health information of patients. It describes the types of information that is collected, held, used and disclosed. 

3.0   Policy 

Whole Health is committed to the right to privacy and the protection of personal health information in accordance with both commonwealth and state privacy laws. 

4.0   Procedure

Collection of information is governed by the Privacy Amendment (Private Sector) Act 2000. Whole Health will comply with the Australian Privacy Principles (AAP) (which replaced the National Privacy Principles on 12 March 2014) as stipulated by the Federal Privacy Commissioner [1] and is outlined below. According to these principles Whole Health must

·       have a clearly expressed and up to date privacy policy that is easily accessible and free of charge and in the requested form

·       promptly deal with enquires or complaints in relation to its compliance with APP’s

·       provide the option of dealing anonymously or pseudo-anonymously except where required by law to deal with identifiable individuals or it is impracticable to do so – such as in dispute resolution. 

·       only collect personal information that is related to or necessary for its functions as a healthcare provider

·       destroy or de-identify unsolicited information it receives as soon as reasonably practicable unless the information could have been obtained under APP 3

·       take reasonable steps to ensure the client is aware of the personal information it collects, except where the individual should be aware the information is being collected or the information is being collected on a recurring basis. 

·       only use personal information for the primary intended purpose of providing healthcare or where the individual would reasonably expect the secondary use or disclosure. Personal information will never be supplied to a third party except where consent is given by the individual.  

·       allow individuals to request not to receive direct marketing communication, also known as opting-out. 

·       take reasonable steps to ensure that an overseas recipient does not breach APP’s in relation to disclosed personal information when it is lawful to do so. 

·       never use a government related identifier as a means of its own identifier of the individual, unless an exception applies. 

·       take reasonable steps to ensure that the personal information its collects is accurate up to date and complete.

·       take reasonable steps to protect the security of the personal information it holds from misuse, interference or loss as well as unauthorised access, modification or disclosure.

·       on request, give individuals access to their personal information except where giving access would pose a threat to the life, health or safety of the individual or to public health or public safety or have an unreasonable impact on the privacy of other individuals or is unlawful. 

·       take reasonable steps to correct personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading

The official extended  APP document is available here https://www.oaic.gov.au/privacy/australian-privacy-principles/

5.0   Why Whole Health collects personal information

If an individual is to receive or has received care or a service from Whole Health, Whole Health will collect and hold their personal information to:

·       gain an understanding of the individual’s needs so we may provide you with the required service and advice

·       identify which treatments are likely to be safe and effective and reduce the likelihood of repeating tests that they have had in the past

·       administer and manage those services including charging, billing and collecting debts

·       abide by information collection laws.

6.0   The Information Whole health Collects

Whole Health collects information relating to a patients 

·       name

·       date of birth

·       occupation

·       address

·       telephone numbers

·       medical history including test results and other health information

·       other information needed that is necessary to provide relevant health care and treatment

·       person to contact in case of emergency

New information is gathered every time a patient has contact with Whole Health

7.0   Complaints 

Complaints regarding breach of privacy should in the first instance be directed towards Whole Health who will attempt to bring about a prompt resolution. If an individual is unhappy with the response, the individual has a right to make a complaint to the privacy commissioner.[2] 

8.0   Patients responsibilities

By using the services of Whole Health, you agree to provide accurate and up to date information with regards to health history, current health conditions, history of drug use including pharmaceutical, recreational and complementary medicines as well as current drug use. Misleading or false information may put your health and safety at risk. 

Refund Policy 

Australian Consumer Law (ACL) protects consumers right to a refund. To obtain a refund from Whole Health, in accordance with ACL it must be demonstrated that the services provided were 

·       not of a high care or skill or 

·       did not meet a high level of professional skill or knowledge

Under ACL there is no legal obligation to provide a refund for change of mind for services provided. Whole Health does not offer refunds on services already obtained in the circumstance of change of mind. 

Under ACL there is no legal obligation to provide a refund when the business indicates that a particular service is unlikely to achieve the consumers intended result, but the individual decides to employ the services of the business regardless 

Whole Health will provide a refund in accordance with ACL where the products it sells 

·       are not of acceptable quality

·       are not fit for its intended purpose or

·       contain an inaccurate description of the goods  

1.        Office of the Australian Information Comissioner. Australian Privacy Principles. 2015. Available at: https://www.oaic.gov.au/privacy/australian-privacy-principles

2.        Office of the Australian Information Comissioner. Privacy Complaints. Available at: http://www.oaic.gov.au/privacy/privacy-complaints