Drug and Alcohol Health Services Inc. (DAHS) Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

“DAHS” referred to in these terms and conditions refers to the company Drug and Alcohol Health Services Incorporated and the following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the provision of the Company’s stated services in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy and Confidentiality Statement

  1. Purpose and Scope

DAHS is committed to protecting the privacy and confidentiality of clients, staff, board members, students, volunteers and stakeholders in the way information is collected, stored and used. This policy provides guidance on DAHS’s legal obligations and ethical expectations in relation to privacy and confidentiality. DAHS holds two types of information which are covered by this policy; personal and organisational information.

  1. Definitions

Privacy provisions of the Privacy Act 1988 govern the collection, protection and disclosure of personal information provided to DAHS by clients, Board members, staff, volunteers, students and stakeholders.

Confidentiality applies to the relationship of confidence. Confidentiality ensures that information is accessible only to those authorised to have access, and is protected throughout its lifecycle. Confidential information may be marked as such or deemed confidential by its nature, e.g. it is information that is not available in the public domain.

Consent means voluntary agreement to some act, practice or purpose. Consent has two elements: knowledge of the matter agreed to and voluntary agreement.

Individual means any person such as a client, staff member, Board member, volunteer, student, contractor or a member of the public.

Organisational information includes publicly available, and some confidential, information about organisations. Organisational information is not covered in the Privacy Act (1988) but some organisational information may be deemed confidential.

Personal information means information or an opinion (including information or an opinion forming part of a database) about an individual (Office of the Federal Privacy Commissioner, 2001). It may include information such as names, addresses, bank account details and health conditions. The use of personal information is guided by the Federal Privacy Act (1988).

The public domain in relation to confidentiality is “common knowledge,” i.e. information that can be accessed by the general public.

  1. Principles

DAHS is committed to ensuring that information is used in an ethical and responsible manner. DAHS recognises the need to be consistent, cautious and thorough in the way that information about clients, stakeholders, staff, Board members, students and volunteers is recorded, stored and managed. All individuals including clients, stakeholders, staff, Board members, students and volunteers have legislated rights to privacy of personal information. In circumstances where the right to privacy may be overridden by other considerations (for example, child protection concerns), staff act in accordance with the relevant policy and/or legal framework. All staff, Board members, students and volunteers are to have an appropriate level of understanding about how to meet the organisation’s legal and ethical obligations to ensure privacy and confidentiality.

  1. Outcomes

DAHS provides quality services in which information is collected, stored, used and disclosed in an appropriate manner complying with both legislative requirements and ethical obligations. All staff and Board Directors understand their privacy and confidentiality responsibilities in relation to personal information and organisational information about UDHAS, its clients, staff and stakeholders. This understanding is demonstrated in all work practices.

  1. Functions and Delegations

As per the company’s Privacy and Confidentiality Policy.

  1. Risk Management

DAHS ensures mechanisms are in place to demonstrate that decisions and actions relating to privacy and confidentiality comply with federal and state laws. All staff, volunteers, students and Board members are made aware of this policy during orientation. All staff are provided with ongoing support and information to assist them to establish and maintain privacy and confidentiality.

  1. Policy Implementation
  • This policy is developed in consultation with all staff and approved by the Board of Directors. This policy is to be part of all staff orientation processes and all employees are responsible for understanding and adhering to this policy. This policy should be referenced in relevant policies, procedures and other supporting documents to ensure that it is familiar to all staff and actively used. This policy will be reviewed in line with DAHS’s quality improvement program and/or relevant legislative changes.
  1. Policy Detail
  • The privacy of personal information is defined by legislation (Privacy Act 1988). At all times, DAHS acts in accordance with these legal requirements which are underpinned by the policy statements 8.1- 8.6 outlined below. DAHS also strives to respect the confidentiality of other sensitive information. However, in the spirit of partnership, we share information with clients and other involved individuals and organisations (subject to consent), where it would be in the best interest of the client, or other individual, to do so.
  • Collection of Information
    • Personal information collected by DAHS is only for purposes which are directly related to the functions or activities of the organisation. DAHS provides information to clients on collecting health and personal information.
  • Use and Disclosure

DAHS only uses personal information for the purposes for which it was given, or for purposes which are directly related to one of the functions or activities of the organisation. It may be provided to government agencies, other organisations or individuals if:

  • The individual has consented
  • It is required or authorised by law
  • It will prevent or lessen a serious and imminent threat to somebody’s life or health.
  • Data Quality

DAHS takes steps to ensure that the personal information collected is accurate, up-to-date and complete. These steps include maintaining and updating personal information when we are advised by individuals that it has changed (and at other times as necessary), and checking that information provided about an individual by another person is correct.

  • Data Security

DAHS takes steps to protect the personal information held against loss, unauthorised access, use, modification or disclosure and against other misuse. These steps include reasonable physical, technical and administrative security safeguards for electronic and hard copy of paper records. Reasonable administrative safeguards include not only the existence of policies and procedures for guidance but also training to ensure staff, Board members, students and volunteers are competent in this area.

  • Access and Correction

Individuals may request access to personal information held about them. Access will be provided unless there is a sound reason under the Privacy Act or other relevant law. Other situations in which access to information may be withheld include:

  • There is a threat to the life or health of an individual
  • Access to information creates and unreasonable impact on the privacy of others
  • The request is clearly frivolous or vexatious or access to the information has been granted previously
  • There are existing or anticipated legal dispute resolution proceedings
  • Denial of access is required by legislation or law enforcement agencies.

DAHS is required to respond to a request to access or amend information within 45 days of receiving the request.

Amendments may be made to personal information to ensure it is accurate, relevant, up-to-date, complete and not misleading, taking into account the purpose for which the information is collected and used. If the request to amend information does not meet these criteria, DAHS may refuse the request. If the requested changes to personal information is not made, the individual may make a statement about the requested changes which will be attached this to the record. The Manager is responsible for responding to queries and requests for access/amendment to personal information.

  • Anonymity and Identifiers

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves or requesting that DAHS does not store any of their personal information. As required by the Privacy Act 1988, DAHS will not adopt a government assigned individual identifier number e.g. Medicare number as if it were its own identifier/client code.

  • Collection use and disclosure of confidential information

Other information held by DAHS may be regarded as confidential, pertaining either to an individual or an organisation. The most important factor to consider when determining whether information is confidential is whether the information can be accessed by the general public. Staff members are to refer to the CEO/Manager before transferring or providing information to an external source if they are unsure if the information is sensitive or confidential to DAHS or its clients, staff and stakeholders

Organisational Information

All staff, Board members, students and volunteers agree to adhere to the DAHS Code of Conduct when commencing employment, involvement or a placement. The Code of Conduct outlines the responsibilities to the organisation related to the use of information obtained through their employment/ involvement/ placement. The Code of Conduct states that individuals will: “Use information obtained through their involvement, employment or placement only for the purposes of carrying out their duties, and not for financial or other benefit, or to take advantage of another person or organisation.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company. The brand name and specific services of this Company featured on this web site are trademarked.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place.