Armidale & District Family Day Care Limited
Confidentiality Code
IMPORTANT NOTICE TO STAKEHOLDERS
This is an important document which creates significant rights and obligations, please read carefully. If you do not
understand this document you should consult a solicitor before signing any related declaration.
PURPOSE
Armidale and District Family Day Care Limited (AFDC) recognises the importance of confidential information and nondisclosure of personal or private information to stakeholders within Family Day Care.
The obligation falls on all stakeholders to maintain the integrity of confidential information obtained by the service and by
any individuals in the course of undertaking their duties.
AFDC recognises that there are five key stakeholders and that different imperatives apply to each stakeholder in relation
to the issues of confidentiality and non disclosure of personal or private information.
STAKEHOLDERS
The stakeholders within the service are:
1.
The Board of Directors
2.
Management
3.
Staff
4.
Educators
5.
Service Users; and
6.
Children.
DEFINITIONS
Throughout this Code reference will be made to terms such as “confidential information”, “non disclosure” and “privacy”.
The following notes will assist you in helping to appreciate the terms.
What is “confidential information”?
Confidential information is information that is in fact confidential, i.e. facts or knowledge that are not in the public
domain. A stakeholder may obtain confidential information by virtue of being in a special relationship, such as Director,
Management, Staff member, Educator or other stakeholder of AFDC. It is important to recognise that an obligation not
to misuse confidential information may arise even if there is no contractual relationship between AFDC and the
stakeholder, as well as between stakeholders.
AFDC appreciates that there will be occasions when confidential information is exchanged verbally between
stakeholders. In these circumstances there will be an express or implied obligation not to disclose its contents, whether
or not an obligation arises under the law.
What is “privacy”?
Privacy is the interest of a person in sheltering his or her life from unwanted interference or public scrutiny.
What is non disclosure?
Non disclosure means certain personal or private information must be treated as confidential and that it must not be
disclosed by the person with the knowledge of the confidential information to any other person other than in certain
situations which will be expanded upon later in this Code.
The Acts of Parliament which protect Privacy and Personal Information are:
Privacy and Personal Information Protection Act 1998 (NSW)

sets privacy standards for dealing with personal information

applies to NSW state and local government agencies

is administered by the Office of the Privacy Commissioner NSW.
Health Records and Information Privacy Act 2002 (NSW)

sets privacy standards for dealing with health information

applies to NSW state and local government agencies

applies to private sector persons and organisations in NSW

is administered by the Office of the Privacy Commissioner NSW.
Privacy Act 1988 (Cth)

sets privacy standards for dealing with personal information

applies to Australian Government (Commonwealth) and ACT government agencies

applies to private sector organisations across Australia

is administered by the Office of the Federal Privacy Commissioner.
ENGAGEMENT
AFDC realises that the issue of confidentiality and non disclosure of personal or private information must be raised with
individual stakeholders at the time that they first make contact with AFDC.
This Code sets out the expectations of the service in relation to confidentiality and non disclosure of personal or private
information which may at any time come into the hands of stakeholders.
2
The Board of Directors
AFDC recognises that the Board of Directors is involved in policy, not operational issues. As such each Director
acknowledges that there is no entitlement of the right to any confidential information concerning other stakeholders.
However, there may be circumstances where for policy reasons; Management deems it necessary to disclose
confidential information to the Board of Directors concerning other stakeholders. Two examples where Management
would deem it prudent to disclose confidential information to the Board of Directors are if a terminated employee alleges
that AFDC has unfairly dismissed them or where a stakeholder has made some legal claim against the AFDC.
Individual members of the Board of Directors are obligated not to disclose confidential information to third parties in
relation to any information which comes into their knowledge as a result of their role as a Board member. This
obligation extends to the non disclosure of such matters as the financial situation of AFDC and any information relating
to any of the stakeholders.
All Board members, at the time of accepting the appointment to the Board of Directors, will sign an Acknowledgement in
the form set out in Annexure “A”.
Management
Management has a unique role in that they are the link between Federal and State Governments, the Board of
Directors, Staff, Educators, Service Users and related stakeholders.
The Management of AFDC acknowledges that they have a principal and continuing obligation to ensure the integrity of
all confidential information obtained by AFDC from stakeholders to the extent required by law and under this Policy.
Management will have responsibility under this Code to monitor the issues of confidentiality and non disclosure of
personal and private information of the stakeholders. Where necessary Management will take such action as they deem
necessary to protect the confidential information of stakeholders when they become aware of actual or potential
disclosure.
Management will put into place appropriate practice and procedures to protect the confidential information of
stakeholders. The practice and procedures must be published and distributed so that they are readily identifiable and
accessible to all stakeholders.
Management will have contained in their contract of employment a confidentiality clause which shall include an
Acknowledgement in the form set out in Annexure “A”.
3
Staff
All staff bear the responsibility for the everyday running of AFDC, including the security of documents. They recognise
that documents may contain personal and private information and that they need to be conscious of documents on their
desks and information stored in their computers.
All staff members will have contained in their contract of employment a confidentiality clause and an Acknowledgement
in the form set out in Annexure “A” that they will comply with any practice and procedure directives issued by AFDC.
Educators
Educators provide the backbone of AFDC, as they are engaged in the direct provision of early childhood education and
care to service users and their families. Educators are required to protect the privacy of AFDC, its management, staff,
educators and families, treating all information in a professional manner and adhering to the procedures set out in
AFDC’s Educator Code of Conduct, Page 9 – Confidentiality.
Each Educator must keep the information that they may hear or read concerning stakeholders confidential whether it
relates to personal or private matters or to other matters such as fees payable.
All educators must give permission to AFDC to request that the Commission of Children and Young People undertake a
Working with Children Check on the Educator and all their adult household members.
All educators must complete an Educator Declaration annually, upon registration, acknowledging that they have read,
understand and agree to the terms and provisions of the Confidentiality Code.
Service Users
Service Users are the parents or guardians of children in early and middle childhood years enrolled in AFDC.
The Conditions of Contract for enrolment in AFDC contains a requirement that service users must keep information that
they may hear or read concerning other stakeholders confidential whether it relates to personal or private matters or to
other matters such as fees.
Service Users are required, upon enrolment to acknowledge that they have read, understood and agree to abide by
AFDC policies and Conditions of Contract.
Children
Children are the primary stakeholder as their care and protection is the principal objective of AFDC.
While it is recognised that children cannot be required to comply with the Code, other stakeholders must keep
information that they may obtain, hear or read concerning Children confidential whether it related to personal or private
4
matters and must use their best efforts to ensure that children’s lives are sheltered from unwanted interference or public
scrutiny.
CONCLUSION
This Confidentiality Code seeks to manage the issues of confidential information and non disclosure of private
information of stakeholders in AFDC. The two issues cannot be viewed in isolation and should be considered as an
integral part of the operational functions of AFDC.
Confidential information is a dynamic “species”, ever changing depending on the circumstances and the setting. This
Code seeks to assist the stakeholders of AFDC in regulating the way in which confidential information and the non
disclosure of personal or private information of stakeholders is approached.
Reference: Regulations Part 4.7, Regulation 168 (2) & 181
Source:
Moin & Associates, Lawyers
5
“Annexure A”
ACKNOWLEDGE
I, …………………………………………………………………………………………………………………….
being a:
Member of the Board of Directors,
Manager,
Staff Member
of ………………………………………………………………………………………………………..............
In the state of New South Wales acknowledge:
1.
I have read the provisions of the Confidentiality Code of Armidale and District Family Day Care Limited (AFDC).
2.
I accept the terms and provisions of the Confidentiality Code.
3.
I undertake not to disclose to any third party any confidential information relating to Armidale and District Family
Day Care Limited and/or its stakeholder’s unless required to by a court order or under an Act of Parliament.
________________________________________
_______________________
Signature
Date
6