WHAT THIS POLICY AIMS TO DO
Promote understanding and protection of consent of people using our services and explain their responsibilities toward others.
WHO THIS POLICY APPLIES TO
Every person who uses any services and all employees, contractors, and volunteers.
WHO IS RESPONSIBLE FOR IMPLEMENTING THIS POLICY
Managers and service delivery employees, contractors, and volunteers.
LEGISLATION REFERENCED TO IN THIS POLICY
- Guideline on Privacy in the Private Health Sector, Office of the Federal Privacy Commissioner, 2001
- Australian Privacy Principles Guidelines, Chapter B OAIC
MEANING OF WORDS IN THIS POLICY
‘Consent’ must be informed, must be voluntary, must be current and specific. You must have the capacity to give consent. This means you:
1. Understand you are being asked to decide to give or not give your consent.
2. Understand the consequences of giving or not giving your consent.
3. Based your decision on reason.
4. Can communicate your decision.
Uphold the rights of people with disability, including the right to:
- Dignity and respect
- Live free from violence, abuse, neglect, exploitation, and discrimination
- Individual values and beliefs
- Independence and informed choice
- Accessibility and inclusion
- Freedom of expression
MYCO Support will achieve this through:
- Empowering people with disability to exercise choice and control in the support services they receive, while ensuring appropriate protections are in place.
- Building the capacity of people with disability, their families, and their Carer/s to make informed decisions about services and providers.
- Responding to and managing concerns and complaints.
All Participants are made aware of their right to Consent and withdraw Consent via their Service Agreement prior to the commencement of services.
Consent is appropriately documented and stored for all Participants receiving services from MYCO Support.
The Participant will receive supports that promote and respect their legal and human rights and enables them to exercise consent. Consent is appropriately sought and given by the Participant or their suitable decision maker. No breach in Consent occurs.
MYCO Support recognises that the issue of informed consent as a challenging area due to the functional limitations of some of our Participants.
Common situations (‘alerts’) where the Participant may not be able to give consent include:
- Participant is a minor [WA Under 18].
- Participant has a physical or mental disability.
- Participant is temporarily incapacitated (for example, having a psychotic episode, suffering from a temporary psychiatric illness, unconscious, in severe distress or suffering from dementia).
- Participant has limited understanding of English.
MYCO Support has identified the need to obtain consent and agreement from our Participants for the following activities:
- Understanding of, and agreement to, the terms and conditions of the NDIS Service Agreement
- Commencement of the Services outlined in the Support Plan.
- Seeking and disclosing information with other service providers and pertinent others.
- Taking and use of photographic/video materials by MYCO Support for use in Participant related records.
- Participation in Participant Satisfaction Surveys and Quality management Activities.
- Consent for the NDIA to Share Your Information Participant form Consent for a Third Party to Act on Behalf of Participant form – guardian, enduring power of attorney (EPOA), a person recognised by other law.
MYCO Support recognises the rights of the Participant to limit their consents or withdraw consents at any time.
Participants will have their consents clearly documented on their Service Agreement and Support Plan where it is accessible to those working with them.
In some limited circumstances, permitted by law, MYCO Support can disclose information about Participants, prospective Participants and providers to third parties without the consent of the person the information is about. For example, when the disclosure of information is required for law enforcement, child welfare or to prevent or lessen a serious threat to life, health or safety.