1. Background
Housing NSW and all state public sector agencies, statutory bodies, declared authorities and local councils must meet the requirements of the Privacy and Personal Information Protection Act, 1998 and the Health Records and Information Privacy Act, 2002 in the collection, use, storage and disclosure of personal and health information.
The Privacy and Personal Information Protection Act, 1998 commenced on 1 July 2000. The Act broadly covers the areas of collection, use, storage and disclosure of all personal information except health records.
The Health Records and Information Privacy Act, 2002 commenced on 1 September 2004. This Act covers the areas of collection, use, storage and disclosure of health records and applies to organisations that collect, hold or use health information, and makes provision for the protection of that information.
Housing NSW also complies with the Government Information (Public Access) Act 2009 (GIPA Act). Requests for information will be handled in accordance with the requirements of the Act. For more information refer to the Right to Information Policy.
The purpose of this policy is to explain the circumstances under which Housing NSW collects, uses, stores and discloses personal and health information and under which circumstances Housing NSW will share information with other government and non-government agencies.
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2. Scope
This policy applies to all personal and health information collected, used, stored and disclosed by Housing NSW, including information about Housing NSW clients, applicants for housing services, or tenants living in dwellings owned or managed by Housing NSW, including tenants of the Aboriginal Housing Office.
3. Policy Statement
Housing NSW respects the privacy of its clients. Housing NSW will:
- Collect personal and health information for a proper and lawful purpose in order to provide services.
- Collect personal and health information directly from the client, unless it is unreasonable or impractical to do so, or the client has consented to it being collected from someone else.
- Ensure the information collected is relevant, accurate, up to date, complete and not excessive or misleading.
- Inform clients what and why information is collected, how it will be used and who it may be given to.
- Not keep personal or health information for longer than necessary.
- Ensure the information collected is securely stored.
- Do all that is reasonable in the circumstances to prevent loss, unauthorised access, use, modification or disclosure and misuse.
Only disclose information to other agencies or persons which identifies clients:
- If the disclosure is directly related to the purpose for which the information was collected and there is no reason to believe that the person concerned would object.
- If the person to whom the information relates was informed when the information was collected that it would be disclosed in this way.
- If it is reasonably believed that the disclosure is necessary to prevent or lessen a serious and imminent threat to any person’s health, safety or life.
Ensure compliance with the privacy principles except:
- Where the person to whom the information relates has provided informed consent.
- If lawfully authorised or required to do so under the Privacy Act, by legislation, or a Privacy Code of Practice, or Housing NSW’s Privacy code of Practice, and if available, supported by a Service Agreement, Memorandum of Understanding or similar document.
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Personal information
Personal information is information, or opinion, about a person that discloses their identity, such as written records or photographs. It can also include information about a person’s ethnic or racial background, political opinion, criminal history, religious belief or sexual preference.
Health information
Health information is personal information that specifically relates to:
- A physical or mental health disability that a client has at any time.
- Express wishes about the future provision of health services to a client.
- A health service provided, or to be provided, to a client.
Collecting personal and health information
Housing NSW will not collect information unless it is for a proper and lawful purpose. Information is collected so that various housing services can be provided. In most situations, clients will be advised why Housing NSW is collecting personal information, and who else will receive this information. Housing NSW may decide not to provide this advice to clients if:
- The client does not want Housing NSW to give them this advice.
- Housing NSW is not legally required to provide the advice.
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Holding personal and health information
Housing NSW will keep information for as long as housing services are provided. While holding information, Housing NSW will ensure that it is protected and made as secure as possible from loss, unauthorised access, use, modification, disclosure and misuse.
A client who has been given access to a document held by Housing NSW may apply to make changes to those records if:
- The document contains information about the client’s personal affairs;
- The information is available for use by Housing NSW in connection with its administrative functions; and
- The information is, in the client’s opinion, incomplete, incorrect, out of date or misleading.
Using or disclosing personal and health information
Housing NSW will only use or disclose personal and/or health information for the purpose for which it has been collected (or another purpose that is directly related to the purpose for which it was collected), unless:
- The client has consented to its use or disclosure for another purpose.
Housing NSW has reasonable grounds to believe that it is necessary to:
- Lessen or prevent a serious and imminent threat to the life, health or safety of a client, or of someone else.
- Lessen or prevent a serious threat to public health or safety.
- Meet its legal obligations to protect the public revenue.
- Respond to information requests from the Minister on a matter.
- Meet its obligations in relation to the safety, welfare or wellbeing of a child or young person under the Children and Young Persons (Care and Protection) Act 1998.
Housing NSW requires the information for reasons such as:
- Conducting surveys about client satisfaction and issues relating to long term service enhancement.
- The training of employees or officers of Housing NSW.
- Where it is reasonably necessary for research or the compilation of statistics in the public interest.
- Where it is reasonably necessary for funding, planning or evaluating the provision of a health service provided in partnership with Housing NSW.
Health information will only be included on any computerised system linking Housing NSW to other organisations with the client’s consent, unless Housing NSW is permitted to do so by another Act or law.
Exceptions to the privacy principles under the Privacy Act for collecting, using disclosing or exchanging personal and/or health information when other agencies or organisations are involved
Housing NSW will ensure compliance with the privacy principles and may only otherwise exchange personal and/or health information with other agencies if the exceptions to the privacy principles apply, that is:
- Where the person to whom the information relates has provided informed consent.
- Where lawfully authorised or required to do so by legislation, or a Privacy Code of Practice, and if available, supported by a Service Agreement, Memorandum of Understanding or similar document in place.
- For child protection purposes, Housing NSW may also lawfully exchange certain information under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998. In this situation, Housing NSW will only provide as much information about a client as is relevant.
Working with other agencies and inter-agency collaboration
Many Housing NSW clients have dealings with other agencies, including government and non-government agencies and support groups. Housing NSW co-operate with these other agencies to seek the best outcomes for the client. We will also make our clients aware of the services provided by these agencies and groups where appropriate.
An interagency approach is often essential when working with clients, particularly when ensuring the safety, welfare or wellbeing of a child or young person. Housing NSW will work with other agencies to strengthen partnerships recognising the importance of providing appropriate support to families earlier, to prevent children and young people requiring statutory child protection intervention.
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Working with the Police
Housing NSW aims to assist the Police to:
- Maintain law and order in and around Housing NSW properties.
- Develop and implement crime prevention and community safety strategies.
When appropriate, Housing NSW will:
- Provide information that the Police need in order to carry out their duties, for example, to investigate a criminal activity or to manage a serious incident that threatens life or property.
- Provide information to Police when subpoenaed, unless the information is not in the public interest. In these cases, Housing NSW will lodge an appeal not to provide the information.
- Cooperate with the Police to investigate a crime or offence alleged to have occurred within Housing NSW premises.
- Seek information from the Police if an offence is related to a tenancy matter.
Working with the Department of Health
The Joint Guarantee of Service for People with Mental Health Problems or Disorders is a partnership between the NSW Department of Health, Housing NSW, NSW Department of Community Services, the NSW Aboriginal Housing Office, the Aboriginal Health and Medical Research Council of NSW and the NSW Office of Community Housing. The Joint Guarantee of Service is designed to ensure that mutual clients receive appropriate housing that is linked to appropriate mental health support services.
When a client’s application for housing assistance is supported by the Mental Health Service, Housing NSW must be given sufficient information to accurately assess the person’s housing needs.
If tenancy issues, such as arrears, property damage or nuisance and annoyance matters cannot be resolved directly with the client because of their state of mental health, Housing NSW may ask its partner agencies to provide assistance to resolve the matter. Clients suspected of having a mental illness that is likely to put their tenancy at risk may be referred to the Community Mental Health Service.
Individual cases will be discussed at joint service meetings. Confidentiality will be fully respected in accordance with applicable law and policy. Any exchange of information will be provided in accordance with specified and agreed privacy protocols and, wherever appropriate, based on the client’s written consent.
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Working with Community Services
Community Services has the responsibility for the care and protection of children under the Children and Young Persons (Care and Protection) Act 1998. Members of the community and mandatory reporters who suspect that a child or young person is at risk of significant harm (the statutory threshold) are required to report their concerns to the Child Protection Helpline.
Housing NSW and Community Housing Providers participating in Housing Pathways have a further role in child protection which is to support the safety, welfare or wellbeing of a child or young person whether or not they are known to Community Services. Under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 prescribed bodies may exchange information that that helps deliver services and supports to assist in the promotion of the safety and wellbeing of children and young people. The exchange of information under Chapter 16A only relates to information already held by the agency and where the information will assist in:
- Making a decision, assessment or plan,
- Initiating or conducting an investigation,
- Providing a service relating to the safety, welfare or wellbeing of the child or young person (or class of children or young persons), and/or
- Managing a risk to a child or young person.
Requests for information from Community Services
Community Services can request information from Housing NSW and community housing providers participating in Housing Pathways, as a prescribed body under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998.
Where a request for information under Chapter 16A is received, and Housing NSW is confident the request meets the principles of Chapter 16A, the information must be supplied.
Requests for information under Chapter 16A from a prescribed body may be declined if the request does not meet the principles of Chapter 16A. Community Services however has the power by a notice under Section 248 of the Children and Young Persons (Care and Protection) Act 1998 to compel Housing NSW to disclose existing information relating to the safety, welfare and well-being of a child, an unborn child or a young person. Housing NSW staff are legally obliged to provide this information to Community Services. However, Community Services can only collect information that already exists. It cannot require Housing NSW staff to collect new information or to undertake a separate assessment and report.
Requests for information made under Section 248 will only occur after discussions between senior management of both agencies have taken place.
Requesting information from Community Services
Housing NSW staff and Community Housing staff participating in Housing Pathways can request information from Community Services about the safety, welfare and wellbeing of a child or young person under Chapter 16A. Community Services is a prescribed body under Chapter 16A and is legally required to provide this information if the request meets the principles of Chapter 16A.
All information concerning child protection reports will be treated in the strictest confidence.
For more information, see the Children and Young People at Risk Policy.
Working with Centrelink
Housing NSW regularly asks clients to provide information about their household income as part of its process for reviewing eligibility for or entitlement to:
- Social housing.
- A Private Rental Subsidy.
- A rent subsidy.
- A transfer or mutual exchange.
- Remain living in public housing.
The Income Confirmation Scheme can be used by Housing NSW applicants, tenants and members of their households who receive Centrelink payments. Participation in the scheme is voluntary and means that clients do not need to provide income statements to Housing NSW each time an income review is conducted.
Under the Income Confirmation Scheme, Housing NSW can ask Centrelink to provide up to date information about the income of a client or member of their household, provided the client has given consent and they receive a Centrelink income.
Centrelink does not provide income information unless Housing NSW has requested it. This means that Centrelink does not automatically tell Housing NSW each time the income of a client changes. Clients who have joined the Income Confirmation Scheme still need to tell Housing NSW if their household income changes.
Housing NSW does not use the information provided through the Income Confirmation Scheme if it is six months, or more than six months, old.
A person can join the Income Confirmation Scheme at any time by providing written consent. A person can leave the scheme at any time by telling their Client Service Officer by phone, in person, or in writing. Housing NSW will immediately cancel the client’s consent. Consent to participate in the Income Confirmation Scheme cannot be withdrawn through Centrelink.
Housing NSW will automatically cancel a client’s consent if they no longer have a relationship with it, or with Centrelink.
Housing NSW stores information provided through the Income Confirmation Scheme:
- While the person is a client or a member of a client’s household.
- For at least six years after the client stops being a client of Housing NSW.
Information provided by Centrelink is managed in accordance with the Privacy and Personal Information Protection Act, 1998.
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Right to Information
Any member of the public may request information held by Housing NSW under the Government Information (Public Access) Act 2009 (GIPA Act). For more information, see the Right to Information Policy (formerly Freedom of Information) Policy.
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4. Legislation and Compliance
In managing privacy and information sharing, Housing NSW is required to comply with the following Acts:
- The Privacy and Personal Information Protection Act, 1998
- The Health Records and Information Privacy Act, 2002.
- The Government Information (Public Access) Act 2009 (GIPA Act)
- Housing Act, 2001
- Social Security Act, 1991
- Social Security (Administration) Act, 1999
- State Records Act 1998
- Chapter 16A Children and Young Persons (Care and Protection) Act 1998.
The Privacy and Personal Information Protection Act, 1998 and the Health Records and Information Privacy Act, 2002, set out principles that Housing NSW must apply when it manages personal information. Both acts provide for Housing NSW to develop a Code of Practice explaining how it applies these principles and situations where its actions will vary from the principles. Housing NSW has gazetted a Privacy Code of Practice under the Privacy and Personal Information Protection Act, 1998.
The Privacy and Personal Information Protection Act, 1998 also requires housing NSW to prepare and implement a Privacy Management Plan. This is a separate document that explains how Housing NSW complies with the specific provisions of the Privacy and Personal Information Protection Act, 1998 and the Health Records and Information Privacy Act, 2002.
5. Related documentation
6. Further Information
Appeals and review of decisions
If a client is concerned about the way that Housing NSW has handled personal information, a client may be entitled to a review of that conduct. The review will be undertaken by a Reviewing Officer appointed by Housing NSW. Reviews can be requested by contacting the Client Feedback Unit.
Applications for further review of the findings of or a response from an Internal Review can be lodged with the Administrative Decisions Tribunal.
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