That Australia develops standards for accessibility of all information and communication, including in languages of choice and for consultation processes and public events.
That Australia provides all information in accessible formats including audio description, Braille, Easy and Plain English as well as captioning.
That Auslan be recognised as Australia’s official sign language, and that Deaf peoples’ right to use Auslan be legally recognised.
That Australia formally recognises the communication requirements of people who are DeafBlind, and establishes and resources nationally consistent accreditation courses for DeafBlind interpreters.
That Australia recognises augmentative and alternative communication in all official communications and provides adequate funding and support for the acquisition of augmentative and alternative communication devices.
In Australia, there is no federally recognised right to privacy.
The Privacy Act 1988 (Cth) is the primary legislative instrument that deals with matters relating to information privacy in both the public and private sector, and the National Health Act 1953 (Cth) gives the Privacy Commissioner the power to issue guidelines with respect to health information privacy.407 In 2008, the Privacy Guidelines for the Medicare Benefits and Pharmaceutical Benefits Programs were issued.
All Australian governments have disability services standards that are drawn from the National Disability Services Standards. The National Standards contain Standard 4, Privacy, Dignity and Confidentiality.408
Australia has introduced the Healthcare Identifiers Act 2010 (Cth), which allows for the allocation of a unique 16 digit individual health identifier. This is the basis of the e-health system, which will provide a ‘person-controlled electronic health record’ (PCEHR) for every Australia. There are concerns about how privacy will be managed in the new e-health system.
The National Health Act 1953 (Cth) provides that the Minister can issue standards in relation to approved nursing homes.409 One such standard is that facilities must “be committed to protecting their resident’s rights”.410 Within the accreditation standards published by Aged Care Standards and Accreditation Ltd, standard 3.6 provides that “each resident’s right to privacy, dignity and confidentiality is recognised and respected”.411
Each State and Territory has its own legislation with respect to the privacy of information collected and collated by public authorities.
Concerns about personal information held by government departments and individuals’ privacy are not limited to people with disability and are in fact prevalent throughout the Australian community. The position of people with disability with regard to privacy is not different to the average Australian, except for the fact that people with disability are more likely to be in contact with more government agencies than the average Australian.
The e-health system will have a significant impact on people with disability who have frequent contact with the health system. The aim of the e-health system is to assist health care providers to share accurate and timely information about treatment histories and medications. While some people with disability will benefit from improved quality of care, some are concerned about privacy provisions and ease of use of the system. This is particularly the case for people with disability, such as people living with HIV and people with psychosocial disability, who are often selective in disclosing health conditions and treatments and are concerned about the stigma such disclosure can attract.412
A Lack of Respect for Privacy in Residential Care Facilities and Group Homes
Evidence indicates that residents in care facilities and group homes are not always afforded respect and recognition of their right to privacy and confidentiality, particularly with regard to physical privacy.413 (See also Article 23) Intrusion by staff into a resident’s room without consent is not uncommon. Staff within facilities are not properly trained in how to handle the private and confidential information of people with disability they have contact with.
Case Study
In a Queensland care facility, a staff member is alleged to have discussed the disease of a particular resident to parents of another resident to incite prejudice. The parents vehemently complained about the resident being within the same facility as their child. The person was subsequently moved to another facility. It is thought the staff member did not want the additional responsibility of caring for the person, and breached that individual’s right to privacy in order to have them moved. This indicates that some staff in residential care facilities do not understand their obligations with respect to privacy.
There is no legal requirement for people with disability to disclose their disability status to an employer if it will not affect their ability to meet the inherent requirements of the job.414 However, this is not widely known and understood by many people with disability who mistakenly believe that they must make this disclosure.
Lack of Privacy Acts as Deterrent to the Making of Complaints
Service provider complaint mechanisms do not always provide complainants with a means of confidentiality in making the complaint nor do they give individuals a sense that they will not be victimised for complaining. Evidence suggests that many people with disability or their families refrain from making complaints due to a fear they may lose the continuity of their support or that they will become victims of harassment or redress for making a complaint.415 (See also Article 16)
