Privacy and Cookies Policy

About this policy

LOMA Care respects your privacy, dignity and right to have your personal information protected.

This Privacy and Cookies Policy explains how LOMA Care collects, uses, stores, protects and shares personal information. It also explains how our website uses cookies and similar technologies.

This policy applies to:

• People receiving or enquiring about LOMA Care services 
• Family members, nominees, guardians and representatives 
• Support coordinators, plan managers and other stakeholders 
• Workers, contractors and job applicants 
• Visitors to the LOMA Care website 
• Other people who communicate with LOMA Care 

LOMA Care handles personal information in accordance with applicable Australian privacy laws, including the Privacy Act 1988 and the Australian Privacy Principles.

About LOMA Care

The LOMA Care website provides information about disability and community services delivered by:

• Intrinsic Pathways Pty Ltd, trading as LOMA Care 
• Inclusive Empowerment Co Pty Ltd, trading as LOMA Inclusive 

The relevant service agreement will identify which legal entity is responsible for delivering a person’s services.

In this policy, “LOMA Care”, “we”, “us” and “our” refer to the relevant LOMA Care entity that collects or handles the information.

The NDIS

LOMA Care provides services and supports to people with disability, including services funded through the National Disability Insurance Scheme.

The NDIS supports eligible people with disability to access services that promote independence, wellbeing, community participation and individual goals.

As an NDIS provider, LOMA Care may need to collect and use personal information to provide safe and appropriate supports and meet our legal, regulatory and reporting responsibilities.

What is personal information?

Personal information is information or an opinion about a person who is identified or could reasonably be identified.

Some personal information is considered sensitive information and requires a higher level of protection. Sensitive information can include health, disability, cultural, religious and other highly personal information.

What information do we collect?

The personal and sensitive information collected by LOMA Care may include:

• Your name and contact details 
• Your address and date of birth 
• Your emergency contact details 
• Information about your family, representatives, guardians or support network 
• Your NDIS participant number, plan and funding information 
• Your health, disability and medication information 
• Information about the supports and services you receive 
• Your goals, choices and personal preferences 
• Your communication and accessibility needs 
• Cultural, religious or language information relevant to your supports 
• Behaviour support and restrictive practice information, where applicable 
• Risk assessments and safety information 
• Incident, complaint and safeguarding information 
• Financial, billing and payment information 
• Records of communication with you or your representatives 
• Photographs, videos or recordings where appropriate consent has been obtained 
• Information submitted through our website, enquiry forms or other communication channels 

For workers, contractors and job applicants, we may also collect:

• Employment history and qualifications 
• References and background checks 
• Worker screening and police check information 
• Right-to-work information 
• Training and professional development records 
• Payroll, banking and superannuation details 
• Health or workplace adjustment information 
• Performance, supervision and employment records 

Why do we collect your information?

LOMA Care only collects information that is reasonably necessary to provide services, operate our organisation or meet our legal and regulatory responsibilities.

We may collect and use information to:

• Respond to enquiries and referrals 
• Assess whether we can safely provide suitable services 
• Understand your support needs, goals and preferences 
• Prepare service agreements, support plans and risk assessments 
• Deliver safe, appropriate and person-centred supports 
• Communicate with you and the people involved in your supports 
• Maintain service records, progress notes and case notes 
• Manage health, medication and safety requirements 
• Respond to incidents, emergencies and safeguarding concerns 
• Respond to feedback and complaints 
• Process payments and NDIS claims 
• Meet our obligations as an NDIS provider 
• Recruit, manage and support workers 
• Maintain and improve the quality and safety of our services 
• Meet legal, insurance, employment and record-keeping requirements 

How do we collect your information?

Where possible, we collect personal information directly from you.

Information may be collected when you:

• Contact LOMA Care 
• Submit an enquiry or referral 
• Complete an intake form 
• Enter into a service agreement 
• Receive services or supports 
• Provide feedback or make a complaint 
• Apply for employment 
• Communicate with our workers 
• Visit or interact with our website 

With your consent, or where permitted or required by law, we may also collect information from:

• Your family, nominee, guardian or authorised representative 
• Your support coordinator, recovery coach or plan manager 
• The NDIA or NDIS Quality and Safeguards Commission 
• Other disability service providers 
• Medical practitioners and allied health professionals 
• Pharmacies, hospitals and health services 
• Government agencies and emergency services 
• Referees, screening bodies and previous employers 
• Other people involved in your care or supports 

If information is collected from another person or organisation, we will take reasonable steps to ensure you are aware of this where appropriate.

Consent

You can give LOMA Care permission to collect information from other people and share relevant information with them. This is called consent.

Where appropriate, we will explain:

• What information may be collected or shared 
• Who the information may be shared with 
• Why the information is required 
• How the information will be used 

You may withdraw your consent at any time by contacting LOMA Care. However, withdrawing consent may affect our ability to provide some supports safely or effectively.

Withdrawing consent does not affect information that has already been lawfully collected, used or disclosed.

When may we share your information?

LOMA Care may share relevant information with:

• Your authorised family members, nominee, guardian or representative 
• Your support coordinator, recovery coach or plan manager 
• Workers and contractors involved in providing your supports 
• Medical practitioners, allied health professionals, pharmacies or hospitals 
• The NDIA or NDIS Quality and Safeguards Commission 
• Government agencies, regulators and funding bodies 
• Emergency services 
• Insurers, auditors and professional advisers 
• Legal representatives 
• Technology providers that help us securely operate our organisation 

We only share information that is reasonably necessary for the relevant purpose.

Information may also be shared without your consent where permitted or required by law. This may include circumstances involving:

• A serious threat to someone’s life, health or safety 
• Suspected abuse, neglect, exploitation or violence 
• A reportable incident 
• A legal requirement, court order or authorised investigation 
• A request from an authorised government or regulatory body 
• The investigation or prevention of unlawful activity 

Photographs, videos and recordings

LOMA Care will obtain appropriate consent before using identifiable photographs, videos or recordings for promotional, marketing or public communication purposes.

Consent for promotional use is separate from any consent required to take photographs or recordings for service delivery, safety, incident management or record-keeping.

You may withdraw your consent for future promotional use at any time.

Keeping your information safe

LOMA Care takes reasonable steps to protect personal information from:

• Loss 
• Misuse 
• Interference 
• Unauthorised access 
• Unauthorised disclosure 
• Alteration 
• Destruction 

Information may be stored in secure electronic systems or locked physical records.

Access is limited to workers, contractors and other authorised people who require the information to perform their duties. Our workers are required to respect privacy and confidentiality.

When personal information is no longer required, it will be securely destroyed or de-identified, subject to our legal and record-keeping obligations.

Cloud storage and overseas processing

LOMA Care uses technology and cloud-based service providers to operate its business and securely store information.

Some providers may store or process information using systems located outside Australia. Where this occurs, LOMA Care will take reasonable steps to ensure personal information is handled appropriately and in accordance with applicable Australian privacy requirements.

You can contact LOMA Care if you would like further information about the systems used to store or process your information.

Data breaches

A data breach may occur if personal information is lost or accessed, disclosed or altered without authorisation.

If LOMA Care becomes aware of a suspected data breach, we will assess and respond to it promptly.

Where required, we will notify affected individuals and the Office of the Australian Information Commissioner. We may also notify the NDIS Commission or other relevant authorities where required.

Accessing your information

You can ask to see the personal information LOMA Care holds about you.

We may need to confirm your identity or the authority of a person making a request on your behalf before providing access.

In some circumstances, the law may limit the information we can provide. If we cannot provide access to particular information, we will explain the reason where legally permitted.

You may ask a family member, guardian, advocate or other authorised person to help you make a request.

Correcting your information

You can ask LOMA Care to correct information that you believe is:

• Inaccurate 
• Incomplete 
• Out of date 
• Irrelevant 
• Misleading 

We will take reasonable steps to review the request and update our records where appropriate.

Remaining anonymous

You may be able to contact LOMA Care anonymously or use another name when making a general enquiry or providing feedback.

However, we may need your correct details to:

• Provide services 
• Respond to an incident or complaint 
• Confirm your authority to act for another person 
• Process an NDIS claim 
• Meet our legal and regulatory responsibilities 

Direct marketing

LOMA Care may use your contact information to send you relevant information about our services where you have consented or where permitted by law.

You can ask us to stop sending marketing communications at any time by contacting us or using the unsubscribe option provided.

LOMA Care will not use participant health, disability or support information for direct marketing.

Website cookies

The LOMA Care website may use cookies and similar technologies to help the website function, understand how visitors use it and improve the online experience.

Cookies are small data files stored on your device when you visit a website.

Depending on the website services being used, cookies may collect information such as:

• Your IP address 
• Your browser and device type 
• Pages you visit 
• The date and time of your visit 
• How you arrived at the website 
• How you interact with the website 

Some cookies are necessary for the website to function. Others may be used for website analytics or to support third-party services embedded in the website.

LOMA Care does not use cookies to access participant support records, health information or clinical information.

Managing cookies

You can control, block or delete cookies through your browser settings.

Disabling some cookies may affect how parts of the LOMA Care website function.

If the website uses optional analytics or advertising cookies, you may also be given the option to accept or reject those cookies through a website cookie notice.

Website analytics and third-party services

LOMA Care may use website analytics to understand general website activity and improve website content and performance.

Third-party services embedded in or connected to the website may also collect technical information in accordance with their own privacy policies.

These services may include:

• Website hosting providers 
• Analytics services 
• Embedded maps 
• Online forms 
• Social media links or content 
• Video services 
• Recruitment platforms 

LOMA Care takes reasonable steps to ensure third-party services are suitable for their intended use. However, third parties are responsible for their own privacy practices.

Links to other websites

The LOMA Care website may contain links to websites operated by other organisations.

LOMA Care is not responsible for the privacy practices or content of external websites. We recommend reviewing the privacy policy of any external website you visit.

Privacy enquiries and complaints

If you have a question, concern or complaint about how LOMA Care has handled your personal information, please contact:

Privacy Officer
LOMA Care
Phone: 02 4329 2211
Email: amie.burns-hamonet@lomacare.com.au
Website: www.lomacare.com.au

We will take your concern seriously and aim to acknowledge and respond within a reasonable timeframe.

If you are not satisfied with our response, you may contact:

• Office of the Australian Information Commissioner 
• NDIS Quality and Safeguards Commission 

Accessible formats

You can ask LOMA Care to provide this policy in another format or help you understand it.

You may also ask a family member, guardian, advocate or other trusted person to assist you.

Updates to this policy

LOMA Care may update this policy when our services, systems, website or legal obligations change.

The current version will be published on the LOMA Care website and will show the date it was last updated.