INFORMATION PRIVACY
Health information is often particularly sensitive, therefore clients of the Maternal and Child
Health (MCH) Service need to be confident that their information will be handled
appropriately and confidentially. This makes it critical that at the time of collecting
information, the client is provided with information about their privacy. The Victorian MCH
service privacy information fact sheet "What happens to information about you and your
family?" has been developed to assist in this process.
MCH nurses may provide this information fact sheet at the time of information collection.
However this is not a substitute for a clear and open discussion at the time of collection.
The Municipal Association of Victoria (MAV) believes that the responsible handling of
personal information is a key aspect of the MCH service provision and is strongly committed
to protecting an individual's right to privacy. Accordingly, MAV is committed to full
compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic). In
particular, the Information Privacy Principles contained in the Act.
PRIVACY AND DATA PROTECTION ACT 2014
Personal Information
Applies to personal information held by the MCH service. Personal information means
information or an opinion about an individual whose identity is apparent, or can reasonably
be ascertained, from the information or opinion, other than certain health or generally
available information.
The Information Privacy Principles:
as they may relate to the Victorian MCH Service and the Child Development Information
System (CDIS)
1. Collection
The MCH service collects personal information that is necessary for its functions and
activities. In some instances, the MCH service is required by law to collect personal
information. The MCH service only collects sensitive information where they have consent or
as permitted under the Act.
If it is reasonable and practicable to do so, the MCH service collects personal information
about clients directly from them. When doing so, the maternal and child health nurse informs
the client of the matters set out in the Act, including the purpose/s for which the information is
collected, and uses lawful and fair means. If the MCH service collects personal information
about clients from someone else, reasonable steps are made to ensure the client is aware of
these matters.
2. Use and Disclosure
The MCH service only use personal information within the Victorian MCH service, or disclose
it outside the Victorian MCH service, for the purpose for which it was collected or in
accordance with the Act (eg where clients have consented or where you would reasonably
expect this to occur).
Health information can still be shared in the circumstances set out in the Health Records Act
2001. This includes where the sharing of information is done by a health service provider and
is reasonably necessary for the provision of a health service or where there is a statutory
requirement.
Registered nurses are mandated to report if they have formed a belief on reasonable
grounds that a child is in need of protection on a ground referred to in Section 162(c) or
162(d)[Physical abuse, Sexual abuse], formed in the course of practising his or her office,
position or employment. Sections 182(1)(a)-(e), 184 and 162(c)-(d) of the Children, Youth
and Families Act 2005 (Vic.)
3. Quality
The MCH service takes reasonable steps to make sure that the personal information it
collects, uses or discloses is accurate, complete and up to date.
4. Security
MAV will take reasonable steps to ensure that it maintains a secure system for storing
personal information for the Victorian MCH service client management system – Child
Development Information System (CDIS). Technological and operational policies and
procedures are in place to protect personal information from misuse and loss and from
unauthorised access, modification or disclosure. MAV will dispose of personal information
where it is no longer necessary to fulfil the purposes for which the information was collected
or as required by law.
5. Openess
The MCH service must make available to anyone who asks for it, information on the
management of personal information. (i.e. The Victorian MCH service: What happens to
information about you and your family?)
The MCH service must take reasonable steps to let the client know, generally, what sort of
personal information it holds, for what purposes, and how it collects, holds, uses and
discloses that information.
6. Access and Correction
Should a client wish to access their personal information, the MCH service are to provide
details of the relevant Council's Privacy Officer. Access is to be provided except in the
circumstances outlined in the Act, for example, where the information relates to legal
proceedings or where the Freedom of Information Act 1982 applies.
If a client believes that their personal information is inaccurate, incomplete or out of date,
they may request the MCH service to correct the information. Requests are to be dealt with
in accordance with the Act.
7. Unique identifiers
The MCH service may assign unique identifiers to individuals that are necessary to carry out
its functions and activities efficiently.
The MCH service may adopt unique identifiers that have been assigned by another
organisation to individuals that are necessary to carry out its functions and activities
efficiently.
8. Anonymity
Wherever it is lawful and practicable, individuals must have the option of not identifying
themselves when entering transactions with the MCH service.
9. Transborder data flows
The MCH service may transfer personal information about an individual to someone (other
than the MCH service or the individual) who is outside Victoria only if the individual consents
to the transfer.
10. Sensitive Information
The MCH service may also hold sensitive information with the consent of the client.
Sensitive information includes information or an opinion about an individual’s racial or ethnic
origin, political opinions, trade union membership, philosophical or religious beliefs, sexual
preferences or criminal record.
Complaints
If a client feels aggrieved by the MCH service’s handling of their personal information, they
may make a complaint to the relevant Council’s Privacy Officer. Alternatively, they may
make a complaint to the Privacy Commissioner.
HEALTH RECORDS ACT 2001
The Health Records Act 2001 protects the privacy of health information through:
 The setting of standards called Health Privacy Principles (HPPs) for the collection,
handling, and disposal of health information in the public and private sectors;
 The creation of a right of access for Victorians to health information about them,
which is held in the private sector.
Aims
The Health Records Act aims are:
 The responsible handling of health information in the public and private sector;
 To balance the public interest in protecting the privacy of health information with the
public interest in its legitimate use;
 To enhance people’s ability to be informed about their health care of disability
services;
 To promote the provision of quality health, disability and aged care services.
Who Does It Affect?
Those who collect or handle health information, including:
 Health Service Providers such as:
 Maternal and Child Health, Aged Care, Disability Services and Immunisation;
 Any other organisation that collects or handles health information such as childcare,
pre-schools, fitness centres and youth programs.
 Those who provide the health information about themselves to these organisations:
 Clients, employees, users or recipients of services.
Health Privacy Principles
As with the Information Privacy Principles, the Health Privacy Principles cover how
information is:
Collected;
 Used and Disclosed;
 Sound and Quality Data;
 Secured and Retained;
 Accessed and Corrected;
 Identified by Discreet File Reference;
 Dealt with Anonymously (if desired);
 Dealt with if your health service provider transfers or closes their practice;
 Made available to another health service provider – if requested by the person to
whom the information relates.
Health Privacy Complaints
To make a complaint to the Health Services Commissioner - telephone 8601 5200 or toll free
1800 136 066.
CHILD WELLBEING & SAFETY ACT 2005
Part 2—Principles for Children - Child Wellbeing and Safety Act 2005
No. 83 of 2005
5 Principles for children
(1) The development and provision of services for children and families should
be based upon the fundamental principles that—
(a) society as a whole shares responsibility for promoting the wellbeing and safety of
children;
(b) all children should be given the opportunity to reach their full potential and participate
in society irrespective of their family circumstances and background;
(c) those who develop and provide services, as well as parents, should give the highest
priority to the promotion and protection of a child's safety, health, development,
education and wellbeing;
(d) parents are the primary nurturers of a child and Government intervention into family
life should be limited to that necessary to secure the child's safety and wellbeing,
however, it is the responsibility of Government to meet the needs of the child when
the child's family is unable to provide adequate care and protection;
(e) every child should be able to enrol in a kindergarten program at an early childhood
education and care centre.
(2) Services for children and families should be designed and developed—
(a) to readily identify harm and damage to the child and to provide for intervention by
providers of services to remove or ameliorate the causes of that harm or damage and
to strengthen the capacity and efforts of parents, their families and communities to
support the child as early as possible in the child's life;
(b) to accord with the needs of each local community with the active involvement of that
community's cultural groups, and to be accessible and responsive to the particular
cultures, languages and circumstances of the community and to be properly planned
and co-ordinated with services provided by other local and regional communities;
(c) to give the highest priority to making appropriate and sufficient levels of assistance
available to children and families in communities or population groups that are known
to have the greatest need;
(d) to promote continuous improvement in the quality of those services, based on the
best available knowledge of the needs of children and their stages of development.
(3) The providers of services to children and families should—
(a) protect the rights of children and families and, to the greatest extent possible,
encourage their participation in any decisionmaking that affects their lives;
(b) acknowledge and be respectful of the child's individual identity, circumstances and
cultural identity and be responsive to the particular needs of the child;
(c) make decisions about intervention by the providers of services into a child's or
family's life and about access by a child or family to those services in a timely manner
being mindful of any harmful effects that may be caused to the child by a delay in
making decisions or providing services;
(d) ensure that families are made aware of the services available to them and of the
benefits these services can provide, especially to those families in most need of
assistance;
(e) co-operate with other services or professionals to work in the interests of the child
and family.