Confidentiality

Purpose
To provide clear guidelines to understand that Family Day Care Services are obligated by law, service agreements and licensing requirements to comply with privacy and health records legislation when collecting personal and health information about individuals.

Scope
These guidelines will apply to the Approved provider, nominated supervisor, educational leader, supervisors, educators, staff, students on placement, volunteers, parents/guardian, children and others attending the service.

Objectives
To ensure responsible and collection and handling of personal information, including but not limited to, photos, videos and health information at FDC managed by FIRST IDEA FAMILY DAY CARE SERVICES,
Compliance with privacy legislation
Ensuring all those within the scope of these guidelines are fully informed and aware of their responsibilities in relation to the collection, storage, use, disclosure and disposal of personal and health information
At FIRST IDEA FAMILY DAY CARE SERVICES, we are committed in maintaining the privacy and confidentiality of all the stakeholders, and ensure their needs are respected and recognised.
Links to legislation and policies

NATIONAL QUALITY FRAMEWORK

Education and Care Services National Law Act 2010	Education and Care Services National Regulations 2011	National Quality Area	National Quality Standard
161-175	168, 177, 178, 181, 182, 183	7	7.1.1, 7.3.1, 7.3.5

RELATED LEGISLATION

• Children’s Health and Wellbeing Act 2009
• Health Records Act 2001
• Information Privacy Act 2000
• Privacy Act 1988
• Privacy and Data Protection Act 2014
• Child Wellbeing and Safety Act 2005
• Children, Youth and Families Act 2005
• Equal Opportunity Act 2010 (Vic)
• Fair Work Act 2009
• Family Assistance Act 1999
• Family Law Act 1995
• Food Act 1984
• Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
• Information Privacy Act 2000
• Occupational Health and Safety Act 2004
• Sex Discrimination Act 1984 (Cwlth)
• Working with Children Act 2005

RELATED POLICIES

• Relates to all the policies of the service

References and resources

• Department of Education and Training (DET)
• Australian Children’s Education and Care Quality Authority (ACECQA)
• Belonging, Being & Becoming – The Early Years Learning Framework for Australia:
• My Time, Our Place – Framework for school age care in
• Early Childhood Australia – Code of Ethics
• Early Childhood Australia
• Criminal History Requirements: Family day care
• Guide for Family Day Care Educators
• Delivering children’s programs in a family day care service
• DET Emergency Management Guidelines
• Protecting the Safety and Wellbeing of Children and Young People
• Children’s Wellbeing Act 2005
• Guidelines to the Information Privacy Principles
• Privacy Victoria

Approved Providers and delegates are responsible for:

• Monitoring, maintaining and storing all legislated and required records confidentiality and for the appropriated timeframes in accordance with Education and Care Services National Regulations 2011 r.177, r.178, r.181, r.182 and r.183
• Ensuring that information collected is not divulged or communicated, directly or indirectly, to any person not authorised (left out or misplaced)
• Ensuring that any photographs of children are used appropriately, and respecting family’s requests for their child’s photograph not to be taken or used – signed authority is required prior to publishing photos or children’s work, including the use of photos of children’s work by a student.

Educators and assistants are responsible for:

• Maintaining records to inform the Child Care Management System (CCMS) in accordance with Department of Education and Training (DET) requirements
• Providing adequate and appropriate secure storage for personal information collected by the service
• Monitoring, maintaining and storing all legislated and required records confidentiality and for the appropriated timeframes in accordance with Education and Care Services National Regulations 2011, r.178, r.179, r.182 and r.183
• Ensuring that information collected is not divulged or communicated, directly or indirectly, to any person not authorised
• Ensuring families understand that information they provide may be requested and/or viewed by representatives of Regulatory Authority or family day care scheme during an accreditation or inspection visit to ensure compliance
• Respecting family’s choices about their child being photographed or videoed, and children’s choices about being photographed or videoed
• Ensuring that any sensitive information relating to a child is communicated with the family confidentially and in private
• Ensuring students remove any identifiers from children’s records or prior to using

Families are required to:

• Ensuring documentation/authorisations are completed and signed
• Ensuring all records are completed (attendance/medication etc)
• Ensuring any changes to children’s information or status is communicated promptly to the educator or approved provider

REVIEW

POLICY REVIEWED	July 2019	NEXT REVIEW DATE	July 2020
MODIFICATIONS	Policy created for First Idea Family Day Care Services, inclusive of changes to the National Quality Standards and Education and Care National Regulations