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Privacy Policy

Statement:   

Every person involved with Inclusion Tree’s disability services has the right to privacy and confidentiality in all aspects of his/her life.  The Directors are committed to conducting Inclusion Tree’s business operations in accordance with all applicable laws and legislation, including the Privacy Act (1988) and associated Privacy Principles, and all relevant state and federal government legislative requirements relating to the management of personal information.     

Intrusions into the privacy and confidentiality for individuals with disability, his/her team members, family members and/or other stakeholders will be minimised as much as possible.  Information collected about the person with disability is limited to that which is relevant and necessary to the disability services provided to him/her, or for Inclusion Tree’s employment practices.  No information is stored or backed up in overseas countries. Confidentiality may need to be breached in the case of real threat to a person’s wellbeing. This will be assessed on a case-by-case basis.    

Procedure – General:   

All information related to the ways Inclusion Tree operates, and for individual people with disability, contracted/employed team members and/or other people involved in the support of the person with disability, whether this is within disability service delivery is stored securely on the database and out of sight of any other person.    

Information that is not currently needed is securely stored on the database for ready access when needed.     

When necessary, documents will be forwarded through secure postal or courier methods.   

The person with disability has the right to know what information is maintained about him/her, and why.   

In the event that an individual expresses displeasure about the disclosure of private and personal information, an incident report should be developed and forwarded to the Directors and/or nominated delegate/s.  Action will be required to report the matter to the Office of the Information Commissioner, according to the specifications located in the Privacy Amendment (Notifiable Data Breaches) Act 2017.    

At all times, the dignity and privacy of each individual engaging with Inclusion Tree is to be protected.    

Contracted/employed team members will not discuss or disclose personal, identifying and sensitive information about any person with disability supported by any of Inclusion Tree’s programs at any time or in any location with other people who are not directly involved in Inclusion Tree’s operations.      

Sensitivity in discussing the affairs of each person supported in various disability service programs is to be maintained at all times when with other contractors or other service providers.   

Respect for the privacy and dignity of other contractors will be maintained by all people involved with Inclusion Tree’s business operations.   

Breaches of confidentiality and security of information by any contracted/employed team member, except in situations where duty of care is apparent, or when provided with the authority to do so, may cause the team member to face disciplinary action or, based on the severity and seriousness of the breach, to face immediate termination of their contract.    

Procedure – Informed Consent:      

Inclusion Tree endorses the fact that people with disability have the same rights as other people in all areas of their life.  In the provision of disability services, this means that the consent of the persons with disability people shall be obtained prior to the commencement of any service delivery.   

‘Consent’ is understood to mean a voluntary agreement to another’s proposition which involves a willingness that an act or an infringement of an interest shall occur.   

‘Informed consent’ is an agreement to do something or to allow something to happen only after all the relevant facts, risks and/or consequences are disclosed.   

‘Implied consent’ refers to an inference, whether from signs, actions or facts, or by inaction or silence.   

‘Express consent’ is directly communicated by the written or spoken word.    

  1. Inclusion Tree expects that people who are giving consent must have the intellectual capacity and maturity to understand the situation they are consenting to, the available choices, the actual or likely consequences (including risks and benefits) arising from enacting their decision.  This approach applies to all people, regardless of age or whether they have a disability or not.     
  2. Inclusion Tree has the responsibility for ensuring that a person providing informed consent must be provided with sufficient accurate information about the matter or procedure in a way that the person can fully understand it.  In addition, any consent must be freely given and must not be obtained by force, threat, coercion, deception or undue influence.     
  3. Inclusion Tree acknowledges that a person may be able to make decisions and give informed consent in some areas of their life but not others, depending on their skills and abilities.     
  4. In situations where it is known that the individual with a disability is unable to consent to most/all decisions about his/her life, Inclusion Tree will proceed in an ethically correct manner to safeguard all aspects of the individual’s rights.     
  5. Inclusion Tree accepts that a failure to provide reasonable information may result in a breach of its duty of care.   
  6. Inclusion Tree consults with key people e.g., nominated representatives, family members, advocates, other providers, etc. involved in the issue, and seeks agreement from these parties regarding the decision/s that need to be made.   
  7. For day-to-day decisions, Inclusion Tree accepts that it may be possible to make decisions based on the person with disability’s ‘implied consent’.   
  8. Where the issues are significant and/or agreement concerning the proposed course of action cannot be obtained from the people involved in the matter, Inclusion Tree shall consult with and/or seek advice from external agencies.   
  9. A review of consents shall occur during the annual review of the person’s plans and any changes noted within the individual’s file. 

We acknowledge the connections of First Nations People of Australia to the land, sea and community on which we live and work. As custodians of this sacred land we respect and acknowledge Elders, past, present and emerging.

Our Contacts

  • hello@inclusiontree.com.au
  • 1300 126 123
  • PO Box 126 PLUMPTON NSW 2761