Service Provider News

In 2023, the Department of Health and Aged Care (DoHAC) undertook an updated Privacy Impact Assessment (PIA) for the Primary Mental Health Care Minimum Data Set (PMHC MDS) to support the implementation of data sharing commitments outlined in National Mental Health and Suicide Prevention Agreement (clause 90).

The PIA made several recommendations including:

• establishing data sharing agreements with the states and territories
• updating the current consent guidance to reflect state and territory access to the data as well as the use of personal information to generate an alpha-numeric linkage key which can be used to facilitate research and statistical analysis by linking de-identified PMHC MDS data with other de-identified data.
• the development of a new Data Access Protocol.

PHNs, intake providers, service providers, DoHAC and state and territory health departments/agencies are each subject to their own obligations under the Privacy Act in relation to the collection, use and disclosure of the personal information of clients.

This guidance is mainly concerned with the access to data for the Commonwealth and state and territory health departments/agencies, and the role that PHNs play in facilitating this.

DoHAC and state and territory health departments/agencies require access to information about clients to produce statistical reports and help improve the planning and funding of mental health care services funded by the Commonwealth and State and Territory Governments.

Given that service providers are best placed to collect personal information from clients, the Department relies on service providers, through the PHNs, to facilitate access to required information by obtaining client consent and notifying the clients of certain matters as required by APP 5.

Service provider referral and other forms created to obtain client consent must include wording along the following lines before the end of June 2024:

“I consent to de-identified, personal information about me being provided to the Australian Government Department of Health and Aged Care, Queensland Health, and the Darling Downs and West Moreton PHN to be used for research and evaluation purposes. This involves my personal information being used to create a de-identified code that will allow my de-identified information to be linked with other de-identified information for the purposes of research and analysis to improve mental health services in Australia. This requires details about me such as my date of birth and gender, but will not include my name, address or Medicare number.

I understand that my personal information will not be provided to the Department of Health and Aged Care, and Queensland Health, if I do not give consent.”

I also understand that my consent is not required for the Department of Health and Aged Care and Queensland Health to receive summarised data about my use of mental health services, combined together with data from other clients who also used mental health services funded by the Darling Downs and West Moreton PHN, because this summary data does not use my personal information.

For more information on how the Department of Health and Aged Care uses your data please refer to their Privacy Policy at https://www.health.gov.au/resources/publications/privacy-policy"

The above consent is intended to cover the department’s collection of personal information, and to facilitate this, the PHN’s disclosure of that information to the department and state and territory health departments/agencies.

You may also wish to direct patients to the Primary Mental Health Care Minimum Data Set FAQs.

View a walk through of how to capture consent in refeRHEALTH.

APP 5 concerns the notification of the collection of personal information and requires the service provider to take reasonable steps to ensure that clients are notified of the matters listed in APP 5.2 before collecting personal information (e.g., the purposes for the collection, any other entity to whom the information is disclosed).

Where advice about privacy and confidentiality are included on information brochures, or as part of the consent process, the department suggests the following wording as possibly suitable for local use or adaptation to suit your referral and data collection arrangements. This suggested wording is intended to complement existing information (in relation to the Departmental use of the data), not replace it.

“Your GP/other referrer has referred you to the (service name) for services to support your mental health and wellbeing. Services provided under this program will require your GP/other referrer to provide some information to Darling Downs and West Moreton PHN and health professionals involved in your care to ensure that you are referred to the service that best suits your needs. Your consent is required for this to occur.

Mental health services funded through the Darling Downs and West Moreton PHN undergo regular review and evaluation by the Department of Health Aged Care which are aimed at informing ongoing service improvements.

This is a requirement of all Primary Health Networks across Australia. To enable the Department of Health and Aged Care and state and territory health departments/agencies to conduct the regular review and evaluation of mental health services, Darling Downs and West Moreton PHN provides de-identified data about services to the Department of Health Aged Care.

Some of the data provided to the PHN and the Department of Health Aged Care includes de-identified personal information such as date of birth and gender. The information provided does not include your name, address or Medicare number. Your personal information will only be provided by Darling Downs and West Moreton PHN to the Department of Health and Aged Care and state and territory health departments/agencies if you give your consent. If you do not give your consent your personal information will not be provided.

The Department of Health and Aged Care and state and territory health departments also uses data collected by Darling Downs and West Moreton PHN to facilitate data linkage and produce statistical and evaluation reports, which are based on summary statistics for our region. These statistical reports contain only combined information from many clients and will not identify any individual. Your consent is not required for the Department of Health and Aged Care and state and territory health departments to include your data in these summary statistics.

Protecting your privacy

Darling Downs and West Moreton PHN is committed to providing you with the highest level of service and confidentiality, and this includes protecting your privacy. Darling Downs and West Moreton PHN is bound by the Commonwealth Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000, which outlines the principles concerning the protection of your personal information.