PRIVACY, CONFIDENTIALITY AND DUTY OF CARE POLICY

PREAMBLE
There is no legislative right to privacy in Western Australia and the Housing Act (1980) does not create a duty of confidentiality between Department of Housing and a customer. However, Department of Housing believes that it has a corporate responsibility to maintain the privacy and confidentiality of applicants and tenants as much as possible and not to divulge any information that may be detrimental to them.

However, Department of Housing also recognises that it has a responsibility to be a good corporate citizen and provide other government departments with information as legally required and to co-operate with government agencies in the interests of the general community.

Department of Housing also has powers that derive from the Housing Act (1980), giving wide discretion and the ability to co-operate with and assist other agencies in its primary function of the delivery of housing services.

There may be times when Department of Housing must make a considered decision in the supplying of information to other government agencies, as to whether the customer’s rights or those of a government agency or the general community are paramount.

Information may also be obtained from Department of Housing through the provisions of the Freedom of Information Act (FOI), subpoena and search warrants.

GENERAL
In determining whether a breach of confidentiality may occur, the following criteria should be used:

POLICY GUIDELINES and PRACTICES

Information to the police
1 Department of Housing will assist the police with providing the address of a tenant/s if requested, or the names of a tenant/s occupying a particular address.

1.1 Any further information required by police must be obtained by a search warrant, subpoena or FOI application.

1.2 To ensure that it is genuine police enquiry, the information will not be provided immediately. The police officer making the request will have their call returned through the switchboard of their station - not direct line - to ensure authenticity. Information provided only on the return call. Information may also be supplied on a fax request, showing letterhead and full details of officer making the enquiry.

1.3 Where the Police have a legally enforceable right to information (e.g. search warrant) this must be supplied.

Information to other government departments
2 Department of Housing will give information to other government departments (Federal or State) as legally required.

2.1 Any department requesting information will be asked to provide a copy of their Act containing the clause giving the right to obtain information and defining the purposes for which the information can be obtained. No information will be provided without that information and for other than the purposes defined by their act.

2.2 The two major departments with this power are the Australian Taxation Office (ATO) and Centrelink. The ATO have the power to acquire information relating to the taxation assessment of an individual. The Centrelink have the power to acquire information relating to an applicant’s claim to a benefit, their eligibility or the rate of payment.

2.3 ALINTA GAS – Department of Housing will supply the forwarding address of a tenant/s and the period of tenancy to Alinta Gas for the purposes of forwarding an account, providing that the request is made in writing and on Alinta Gas letterhead.

2.4 RSPCA – Department of Housing will assist officers from the RSPCA on request, to enter a Department of Housing property where there is an abandoned or distressed animal and will assist the RSPCA with information relevant to a prosecution.

2.5 SYNERGY - Department of Housing will supply the forwarding address of a tenant/s and the period of tenancy to Synergy for the purposes of forwarding an account providing that the request is made in writing on a Synergy letterhead.

2.6 ABORIGINAL MEDICAL SERVICE (AMS) - Department of Housing will supply details of Aboriginal tenants facing eviction in order to arrange support for them, as arranged with AMS. (See RENTAL POLICY – Eligibility Policy.)

POLICY GUIDELINES and PRACTICES

Information to Welfare Agencies, Customer Advocates
3 Department of Housing will not provide information regarding a Department of Housing customer to any welfare or advocacy group, without the written consent of the customer.

3.1 e.g. Aboriginal Medical Service, Welfare Rights and Advocacy, Legal Aid, Financial Counselors.
3.2 Politicians' electoral staff are exempt from this requirement.

Media Coverage
4 Where a Department of Housing customer or advocate initiates media coverage on an issue, Department of Housing reserves the right to release information relevant to the case to the media.

  

Duty of care
5 Although the Housing Act does not include a clause relating to duty of care, Department of Housing will always be mindful of a duty of care to customers and others who may be affected by departmental acts of omission or negligence.

5.1 Department of Housing’s Duty of Care is the requirement to take prudent care and precautions to guard against reasonably foreseeable and not insignificant risk of injury to anyone. Acts of omission or negligence are included in the definition and it covers the legal proximity and relationship between the two parties.

Legislative Powers of Department of Housing
6 Department of Housing has powers that derive from the Housing Act (1980), which it reserves the right to use if considered necessary.

6.1 Section 12(b) of the Housing Act (1980) gives Department of Housing wide discretionary powers: “…the Authority… has and may exercise all such powers, authorities and discretions, and may do all such acts and things as a private person in the State has or may exercise to do, and the Authority generally may do whatever it deems necessary in connection with or incidental to the functions conferred upon it;”

6.2 These discretionary powers will not be used lightly and must only be exercised by senior officers: (See Discretionary Decision Making Policy).

6.3 Section 16 of the Housing Act states: (1) “…the Authority may give such assistance as it thinks fit to enable or assist- (a) any public authority; or (b) any person approved by the Minister, to 1980)...” (2) “…consult or collaborate with other bodies or persons having interests or functions similar or related to those of the Authority”. These legislative powers must be balanced by considerations of the rights and responsibilities of all parties.

Disciplinary Action
7 Any Department of Housing employee found to have breached confidentiality will be disciplined under the Public Sector Standards (appropriate confidentiality) devised from the Public Sector Management Act (1994)

  

Customer Confidentiality in Department of Housing Offices
8 Department of Housing staff will treat customer information with respect and confidentiality.

8.1 Information concerning clients will not be discussed with other Department of Housing staff unless it has a direct bearing upon the provision of service to a customer. Example: A customer with a medical condition such as HIV/Aids whose condition requires a particular accommodation type or location or other specialised consideration. A customer with a record of violence of whom staff may need to be aware for personal safety.

8.2 Information recorded on file should have consideration for the long-term privacy of the customer. All files should be restricted in circulation and away from public view.

8.3 All documentation on file should be clear, factual and objective.

POLICY GUIDELINES and PRACTICES

9 Any customer making enquiries regarding their application or tenancy, whether by telephone or counter enquiry, must give their application number or rental account number and date of birth.

9.1 During a counter enquiry, the terminal screen must be turned from public view to ensure that details can not be noted by others.

9.2 Any applicant unable to recall their application number, will be asked to supply other personal application details in addition to date of birth, to ensure authenticity. (e.g.. address, children’s names and dates of birth etc).

10 Persons making complaint about Department of Housing tenants must be advised that the department is subject to FOI requirements.

 10.1 If the complainant objects to the release of the document and/or wishes to remain anonymous, this must be noted on file in case of future FOI request.

11 An interview room must be used to undertake any customer interview of a confidential nature.

11.1 A customer may request to be interviewed in a private interview room at any time.

12 Provision of references to Real Estate Agents/Private Owners on behalf of tenant/applicants
References can only be provided following written authorisation from the tenant/applicant. Information is to be provided for the purpose of the tenant/applicant seeking private rental accommodation and not for other purposes.

12.1 Reference to be provided in writing on the standard Department of Housing Tenant/Applicant Reference Form.

12.2 Authority to Release Information must be verified for signature and if necessary contact made with tenant/applicant.

12.2 Information is to be provided that is factual and without bias. Documentation is subject to /freedom of Information and Privacy/Confidentiality Policy

12.3 Form to be signed by accommodation Manager, Round identified and endorsed by Manager Rental Service, Assistant Regional Manager or Area Manager.

12.4 Tenant/Applicant to be provided with a copy of the Reference Form.