Clients Rights and Responsibilities
Client Rights – As a care recipient you have the following rights:
Your General Rights:
• to have suitable access and communication pathways to understand our range of services in line with applicable legislation and regulations;
• to have access and the right to exercise choices that are the same, or close to, conditions of everyday life enjoyed by other people in the Australian community with our supports if applicable;
• to be treated and accepted as an individual, and to have your individual choices and preferences respected, effective use of all human, legal and consumer rights, including the right to freedom of speech and decision making regarding your care;
• to ensure that each person can take advantage of their cultural needs, choices, opportunities for inclusion and independence;
• to be treated with dignity, with your privacy respected and protected;
• to receive care that is respectful of them, their families, friends and home;
• to receive care without being obliged to feel grateful to those providing your care;
• to be treated without exploitation, abuse, discrimination, harassment or neglect and as a service provider support a client to make an allegation, abuse or neglect should they wish to do so in accordance with organization Mandatory reporting and Complaints procedure.
• to be involved in identifying the care most appropriate to support your needs;
• to choose the care and services that best meet your assessed needs and planned goals, from the care able to be provided and within the limits of the resources available;
• to participate in making decisions that affect you and being involved in your plans to fulfill your goals;
• to have your representative participate in decisions relating to my care if you do not have capacity.
Care and Services
• to receive reliable, coordinated, safe, transparent, reliable, quality care and services which are appropriate to your goals, plans and assessed needs;
• to receive care and support , provided by staff who are experienced , trained and qualified with a relevant qualification , fit for work, and who hold a valid National Police Check and a Working With Children
• to be provided with a service agreement that you agree with and is implemented prior to your services commencing;
• to have your goals form part of your care plan;
• to be given before services commencing or within 14 days after you commence receiving care, a written plan of the care that you expect to receive;
• to receive care and services as described in the plan that ta account of your lifestyle, other care arrangements and if any cultural linguistic and religious preferences;
• to ongoing review of the care and services you receive (both periodic and in response to changes in my personal circumstances), and modification of the care and services as required.
• too be able to cancel and reschedule services as per your signed and agreed service agreement
Privacy and Confidentiality
We recognise that we hold a position of trust in holding your personal and sensitive information. Heartbeat has a strong commitment to maintaining the privacy and confidentiality of clients of our service.
In compliance with the following legislation – Australian Privacy Act 2001, NSW Privacy and Personal Information Protection Act 1998 and the NSW Health Records and Information Privacy Act 2002 – our service adheres to the following privacy principles –
Our service only collects personal/sensitive information which is directly related to a function or activity of our service
• we will only use fair and lawful means to collect information after you have completed a consent form;
• we will collect personal information directly from an individual if it is reasonably practicable to do so. If information is collected from a third party, we will advise the client of the information collected;
• our staff, prior to collection or as soon as practicable, inform clients from whom they seek personal/sensitive information the purpose of the collection of the information, any third; party to whom information will be given;
• personal/sensitive information is only used for the purposes which are relevant
• our service strives to ensure the information collected is of good quality, objective, accurate, up to date, relevant and not too intrusive
• our service takes reasonable steps to protect the personal information we hold from misuse and loss, and from unauthorized access, modification or disclosure
• clients have a right to access their personal information
• our service does not disclose personal information to anyone else except-
1. with the consent of the person
2. to prevent a serious and imminent threat to a person’s life or health
3. as required or authorized by law
4. where reasonably necessary for the enforcement of criminal or revenue law.
5. In order to deliver care support services
Any person the information is provided to under any of these exceptions may only use it for the purpose for which it was disclosed.
Heartbeat maintains a client database and individual client files.
We protect your information by maintaining physical, electronic and procedural safeguards.
The type of information we collect includes –
• demographic information such as age, date of birth, address, ethnicity, contact information
• information we have collected from you during an assessment of your needs
• case notes indicating our contact with you or work on your behalf
• service agreements and care plans
• notes recorded by Support Workers when providing services
• information from other parties where you have consented to them to release such information.
We are required to report information to funding bodies as part of our contractual accountability about the services that we provide. This information is not of a sensitive nature and is for government planning purposes.
You have the right to correct information held by the organization that you believe to be inaccurate.
We maintain client records for a minimum of seven years, after we cease service delivery, after this time all information is destroyed.
Clients are able to provide feedback or make a complaint, if they feel that the organization has breached their privacy in any way.
Communication, with clients will be:
• given many options on how to contact us
• asked for their consent for us to speak to other people on their behalf
• helped to understand any information you are given;
• given a copy of your of Rights and Responsibilities;
• offered a written service agreement that includes all agreed matters;
• offered to choose a person to speak on my behalf for any purpose.
• to choose to use an interpreter
• able to access translations of our policies
• able to access a website that is user friendly and is
• advised how to contact an Advocate
Comments, Feedback and Complaints
• to be given information on how to make comments, provide feedback and complaints about the care and services you receive;
• how to complain about the care and services you receive, without fear of losing the care or being disadvantaged in any other way;
• to have your complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern. Please note our “Client Feedback” form is available on this website on the front page.
• to have my fees determined in a way that is transparent, well documented and agreed upon, accessible and fair;
• to receive invoices if applicable that are clear and in a format that is understandable;
• to have my fees reviewed periodically and on request when there are changes to my financial circumstances;
• not to be denied care and services because of my inability to pay a fee for reasons beyond my control.
As a customer / care recipient you have the following responsibilities:
• to respect the rights of support workers to their human, legal and industrial rights including the right to work in a safe environment;
• to treat care workers without exploitation, abuse, discrimination or harassment;
• provide a safe work place and allow the service provider to conduct a Work Place Safety Assessment when requested;
• to provide a smoke free working environment
• allow staff to use the equipment that has been provided to support you
• to provide equipment and consumables that are not funded or as required
Care and Services
• to abide by the terms of the written agreement;
• to acknowledge that your needs may change and to negotiate modifications of care and service when your needs do change;
• to accept responsibility for your own actions and choices even though some actions and choices may involve an element of risk.
• to give enough information to assist the approved provider to develop, deliver and review a care plan;
• to tell the approved provider and their staff about any problems with the care and services.
• to allow safe and reasonable access for support workers at the times specified in my care plan or otherwise by agreement;
• to provide reasonable notice if I do not require a service and to abide by the cancellation policy in your service agreement.
• if applicable to pay or approve any fees and invoices as specified in the client agreement or negotiate an alternative agreement with the provider if any changes occur in my financial or funded circumstances;
• to provide enough information for the approved provider to determine an appropriate level of fee.
Feedback & Complaints
• We actively encourage everyone using Heartbeat services to question or comment on the quality and nature of the services they receive.
• We endeavor at all times to make sure that any feedback or complaints are listened to and resolved as quickly as possible.
• All feedback and complaints are taken seriously and dealt with in confidence and with fairness.
• No client or support worker of our service will be disadvantaged or discriminated against for making a complaint about the organization. We see feedback and complaints as a positive opportunity to improve the quality of service provision.
• Anyone who uses our service or has a right to expect a service from us may provide feedback or make a complaint.
• The complaint can be made personally or someone can speak on your behalf. Feedback and complaints can be made verbally and in writing.