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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