– Workplace Surveillance Act 2005 (NSW) and Regulations
– Privacy Act 1988 (Cth) and Regulations, and including the Australian Privacy Principles
– Surveillance Devices Act 2007 (NSW) and Regulations
– Health Records and Information Privacy Act 2002 (NSW), and including the Health Privacy Principles
Health Information means personal information as defined by the Health Records and Information Privacy Act 2002 including information or opinions about an individual whose identity is apparent or could reasonably be ascertained, and which includes information about:
(a) the health or a disability (at any time) of an individual;
(b) a health service provided, or to be provided, to an individual;
(c) an individual’s express wishes about the future provision of health services; and
(d) other Personal Information collected to provide or in providing a health service.
Patient Transport Vehicle means any vehicle used by State Medical Assistance for the purposes of providing patient transport, onsite medical support, event emergency care or repatriation services.
Personal Information means Personal Information as defined by the Privacy Act 1988 (Cth), and includes information about an individual that is reasonably identifiable (for the purposes of this Policy, a video recording of a person who can be reasonably identified from that recording may constitute Personal Information).
Sensitive Information means Personal Information as defined by the Privacy Act 1988 (Cth), and includes information about an individual’s health, race, ethnicity, political opinions, religious beliefs, professional membership or sexuality.
Surveillance Cameras means an electronic device affixed to State Medical Assistance’s patient transport vehicles which is capable of monitoring or recording visual images of activities.
Surveillance Footage means any information obtained using the Surveillance Cameras.
Surveillance or Privacy Legislation means the following: Workplace Surveillance Act 2005 (NSW) and Regulations, Privacy Act 1988 (Cth) and Regulations, including Australian Privacy Principles, Surveillance Devices Act 2007 (NSW) and Regulations, Health Records and Information Privacy Act 2002 (NSW), and including the Health Privacy Principles.
STATE MEDICAL ASSISTANCE PATIENT TRANSPORT VEHICLE SURVEILLANCE POLICY
This Surveillance Policy is maintained by STATE MEDICAL ASSISTANCE PTY LIMITED ACN 164 973 077 (“we”, “us” and “our”) and relates to the collection and use of Personal Information you may supply to us or we may collect from you using Surveillance Cameras affixed in and on our Patient Transport Vehicles.
We recognise the importance of protecting the privacy of your information, in particular information that is capable of identifying an individual (“Personal Information”) and we are committed to ensuring we collect and use this Personal Information only in accordance with relevant Surveillance and Privacy Legislation. This Surveillance Policy governs the manner in which our surveillance will be conducted and how your Personal Information will be dealt with including, but not limited to collection, access, storage, use and disclosure of your Personal Information which we may obtain as part of our operations.
We reserve the right, at our discretion, to modify, add to or remove portions of this Surveillance Policy at any time. Any updates, variations or amendments to this Surveillance Policy will be published on our website: https://www.statemedicalassistance.com.au. You should review this Surveillance Policy periodically so that you are updated on any changes. We welcome your comments and feedback.
1. Purpose of this Policy
1.1. The purpose of this Surveillance Policy is to detail:
(a) our commitment to ensuring compliance with the requirements of Surveillance and Privacy Legislation;
(b) the type of surveillance conducted on our Patient Transport Vehicles;
(c) how surveillance is carried out on our Patient Transport Vehicles;
(d) why we carry out surveillance on our Patient Transport Vehicles;
(e) your rights in relation to any Surveillance Footage obtained by us, including how you may request access to that footage; and
(f) how, why and when we will use, store, disclose any Surveillance Footage.
1.2. Where there is an inconsistency between this Policy and Surveillance or Privacy Legislation, the Legislation will prevail.
2. Who does this Policy apply to?
2.1. This Surveillance Policy applies to us and individuals whose information may be, or has been, recorded using the Surveillance Cameras affixed to our Patient Transport Vehicles.
3. Availability of this Surveillance Policy
3.1. We will take such steps (as are reasonable in the circumstances) to ensure this Surveillance Policy can be accessed free of charge by any person, for example, by making this Surveillance Policy available on our website and ensuring copies of this Surveillance Policy can be obtained directly from all Patient Transport Vehicles.
3.2. If a person, entity or body requests a copy of this Surveillance Policy in a particular form, we will take reasonable steps in the circumstances to provide a copy of this Policy to that person, entity or body.
4. Purpose of the Surveillance Cameras
4.1. Our purposes for operating Surveillance Cameras on our Patient Transport Vehicles are as follows:
(a) to deter criminal behaviour;
(b) to enhance your safety and the safety of our employees;
(c) to monitor the delivery of our services;
(d) to monitor our compliance with rules, policies and procedures; and
(e) to aid the investigation of claims, incidents, accidents and breaches of the law, or any allegation of such, and to assist in any relevant legal proceedings.
5. How the surveillance will be carried out
5.1. We will only use the Surveillance Cameras insofar as their use is reasonably necessary for us to monitor the delivery of our services. Our services include:
(a) patient transport;
(b) onsite medical support;
(c) event emergency care; and
(d) medical repatriation.
5.2. Camera surveillance will be carried out in accordance with this Surveillance Policy, the Workplace Surveillance Policy and Surveillance or Privacy Legislation.
5.3. We will operate the Surveillance Cameras continuously or intermittently at such times of our choosing.
5.4. Notwithstanding the above, we will not operate the Surveillance Cameras if you communicate to us that you do not consent to us using our Surveillance Cameras to record video footage:
(a) on your property (whether you are the owner or occupier); or
(b) of you – if it is possible your Sensitive Information will be recorded using the Surveillance Cameras.
6. Locations of the Surveillance Cameras
6.1. Surveillance Cameras will be affixed to the front and rear of our Patient Transport Vehicles. These cameras will only have optical capabilities.
6.2. A Surveillance Camera will also be affixed inside the driver’s cabin of the Patient Transport Vehicle. This camera will have both optical and audio capabilities, but will not ordinarily be capable of recording any person other than SMA employees accessing the driver’s cabin of the Patient Transport Vehicle.
6.3. The Surveillance Cameras will be clearly visible to all persons within the immediate vicinity of each camera and clear signage erected near each camera on the Patient Transport Vehicle alerting persons within the vicinity of the camera that they may be under video surveillance.
6.4. We will take all reasonable steps to ensure the cameras are not obstructed, obscured, concealed or hidden from plain sight.
6.5. We will not carry out, or cause to be carried out, convert surveillance using our Surveillance Cameras unless otherwise permitted by law.
7. Notice of surveillance
7.1. Signs will be displayed adjacent to all Surveillance Cameras notifying all persons within that vicinity that the Surveillance Cameras may be in use.
7.2. The signs will also:
(a) state the primary purpose for our use of the Surveillance Cameras;
(b) display our name and contact details;
(c) provide information on a person’s right to refuse consent to be recorded using the Surveillance Cameras, and how to communicate that to us;
(d) provide information on how a person may request access to Surveillance Footage;
(e) provide information on how a person may access this Surveillance Policy.
7.3. The matters set out in this clause 7 will also be included on all patient transport forms, supplier agreements and contractual arrangements (or other similar document) prior to, or at the time of, State Medical Assistance visiting any private premises or providing any of our services involving our Patient Transport Vehicles.
7.4. Where we consider it reasonably necessary, our employees may also communicate the matters set out in this clause 7 to any person verbally.
8. Consent to surveillance
8.1. Unless you communicate to us (expressly or impliedly) that you do not consent to the use of the Surveillance Cameras recording on your premises or of you personally, we will reasonably assume that you consent to our use of the Surveillance Cameras and such footage in accordance with this Surveillance Policy.
8.2. Where consent has been communicated to us (expressly or impliedly) by an owner or occupier of a premises, and unless we have been advised otherwise, we will reasonably assume consent was given in respect of our use of the Surveillance Cameras for the entire duration of our physical presence on the premises, and for the whole of the premises.
8.3. If any of the Surveillance Footage is capable of constituting your Sensitive Information we will do all things reasonable in the circumstances to obtain your consent or the consent of a person authorised at law to give consent on your behalf.
8.4. Where an individual does not have capacity to consent, we may accept consent by a person authorised to act on an individual’s behalf, including but not limited to:
(a) a guardian; or
(b) someone with an enduring power of attorney; or
(c) a person recognised by other relevant laws, for example in NSW, a ‘person responsible’ under the Guardianship Act 1987 (NSW) (this may be an individual’s spouse, partner, carer, family member or close friend); or
(d) a person who has been nominated in writing by the individual while they were capable of giving consent.
8.5. In accordance with the Australian Privacy Principles, we presume that an individual over the age of 15 has capacity to consent, unless there is something to suggest otherwise.
8.6. We may not obtain your consent prior to using our Surveillance Cameras if:
(a) a permitted health situation exists; or
(b) a permitted general situation exists,
or as otherwise permitted by law.
9. Use and disclosure of Surveillance Footage
9.1. We will use the Surveillance Footage for the purposes described at clause 4.1 of this Surveillance Policy.
9.2. Subject to subclause 9.4 below, ordinarily we will not disclose any Surveillance Footage of you to any third party unless you have consented to that disclosure.
9.3. However, if we de-identify our Surveillance Footage of you (ensuring your anonymity) we are not required to seek your consent to use or disclose that footage to any other person in accordance with this Surveillance Policy or Surveillance or Privacy Legislation.
9.4. In exceptional circumstances, our Surveillance Footage may be used or disclosed:
(a) to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence; or
(b) for a purpose directly or indirectly related to the taking of civil or criminal proceedings; or
(c) if the use or disclosure is reasonably believed to be necessary to avert an imminent threat of serious violence to persons or of substantial damage to property.
9.5. Where disclosure is necessary for an enforcement related activity of an enforcement agency, we will provide written notification of that disclosure as required by the Australian Privacy Principles.
9.6. We do not presently disclose our Surveillance Footage to recipients outside of Australia. However, if disclosure to overseas recipients becomes necessary or desirable in the future, we will update this Surveillance Policy with details of those overseas recipients as required.
10. Storage and security of Surveillance Footage
10.2. Reasonable steps will be taken to protect Surveillance Footage we collect from misuse, interference, loss and unauthorised access, modification or disclosure. However, as we cannot guarantee that our data storage measures are totally secure.
10.3. We may store our Surveillance Footage using online software or the servers of our software providers. We will use reasonable endeavours to ensure our server hosts do not have access to, and use the necessary level of protection to safeguard, your Personal Information and otherwise comply with the Australian Privacy Principles.
10.4. By consenting to our use of Surveillance Cameras you are consenting to any Surveillance Footage of you being transferred to and stored on online software or servers as set out in this Surveillance Policy. Third parties who host our servers do not control, and are not permitted to access or use your Personal Information (except for the limited purpose of storing the information), meaning we do not “disclose” your Personal Information (on the Surveillance Footage) to those server hosts.
10.5. If any part of the Surveillance Footage is capable of constituting Health Information of an individual, we will retain that part of the Surveillance Footage as follows:
(a) for 7 years – if the individual is an adult; or
(b) if the individual is under the age of 18, until the individual has attained the age of 25 years.
11. Destruction or de-identification of Surveillance Footage
11.1. We will take reasonable steps to destroy or de-identify the Surveillance Footage:
(a) when the footage is no longer required by us for the purpose for which it was collected (or a permitted secondary purpose); or
(b) as soon as practicable if the Surveillance Footage;
i. was obtained without the consent of the owner or operator of the property; or
ii. constitutes Sensitive Information about an individual and that individual has not consented to our collection or use of the Sensitive Information; or
iii. constitutes Personal Information about an individual and the footage was unsolicited (i.e. unintentionally obtained by us through systematic or technological fault) and we have determined that the footage could not have been collected in accordance with this Surveillance Policy and the Australian Privacy Principles,
unless otherwise permitted by law.
11.2. Notwithstanding the above, if the Surveillance Footage is capable of constituting Health Information it will be stored in accordance with subclause 10.5 above.
12. Information requests
12.1. Insofar as our Surveillance Footage constitutes a recording of you, you may request access to that surveillance data by contacting us (see contact details at paragraph 14 below).
12.2. Requests must:
(a) be made in writing;
(b) state the name and address of the person making the request (you or a person authorised by you);
(c) identify the nature of the request (i.e. Surveillance Footage of you on a specific day and at or around a particular time);
(d) specify how you wish to access or receive the information; and
(e) if the information is being requested by someone authorised by you, a copy of your written authority authorising that person access to the Surveillance Footage.
12.3. We will respond to your Information Request within a reasonable period after the request is made.
12.4. We will provide you with access to the Surveillance Footage if it is reasonable and practicable to do so, unless:
(a) we reasonably believe that giving access to the Surveillance Footage would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) giving access would have an unreasonable impact on the privacy of other individuals;
(c) the request for access is frivolous or vexatious;
(d) a request for access has previously been made unsuccessfully on at least one previous occasion and there are no reasonable grounds for making the request again;
(e) the information has been previously been provided to you and you are making unreasonable and repeated requests for access to the same information and in the same manner;
(f) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings;
(g) giving access would be unlawful;
(h) denying access is required or authorised by or under an Australian law, a court/tribunal order or a law enforcement agency;
(i) State Medical Assistance has reason to suspect that unlawful activity, or misconduct of a serious nature, has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
(j) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
12.5. If we refuse to give you access to the Surveillance Footage in accordance with this Surveillance Policy or as permitted under law, we will advise you in writing of:
(a) our reasons for refusal; and
(b) how you may complain about our refusal.
13. Complaints or amendments
13.1. You can make a complaint if you believe we have breached any applicable legislation or mishandled your Personal Information.
13.2. In the first instance, any concerns or complaints should be reported to us using the below contact information.
13.3. If you are not happy with our response, you can direct any privacy complaints to the Office of the Australian Information Commissioner (OAIC) or the Information and Privacy Commission NSW (IPC).
13.4. You may also request that the Personal Information be amended. Any such request for amendment must;
(a) be in writing;
(b) state the name and address of the individual making the request;
(c) identify the Health Information concerned;
(d) specify the nature of the amendment and, if you claim the Personal Information is incomplete or out of date, be accompanied by such information as you claim is necessary to complete the Personal Information or bring it up to date.
14. Contact Information
14.1. We can be contacted by the following means:
Phone: 1300 30 40 63
Online: See the online enquiries form on our website at: https://www.statemedicalassistance.com.au/general-enquiry
Post: State Medical Assistance, PO Box 690, MITTAGONG NSW 2575