All the content on our website is for educational purposes only, is general in nature only, and is not in any way to be construed as individual or personal advice. The content does not take into account your employment requirements. Before you act or use any of the content, you should consider the appropriateness of this information regarding your own situation and needs. You take full responsibility and risk for making any decision based on the content on our website.

EmployCare Inc. aims to offer website content that conforms to W3C’s Web Content Accessibility Guidelines version 2.0 at Level AA.

Adhering to guidelines for accessible web design enables the diversity of communication methods, available technologies, and abilities of web-users in the community to be acknowledged.

Accessible web design
Our website has been developed to ensure content is available to the widest possible audience, including readers using assistive technology or accessibility features. The public pages on this site meet the criteria for AA compliance with WCAG 2.0 guidelines.

Converting PDF files
Some documents on this website are provided as PDF files. The Adobe website provides online conversion tools to convert Adobe PDF files to Word files or other file formats. To access this service, go to Convert PDFs to Word or other file formats.
Alternatively, the Adobe PDF file can be submitted as a MIME attachment to an email message. For plain text, email the attached PDF to pdf2txt@adobe.com. For HTML, email the attached PDF to pdf2html@adobe.com.

EmployCare Inc. strives to conform to W3C’s Web Content Accessibility Guidelines:

1. Provide equivalent alternatives to auditory and visual content.
2. Don’t rely on colour alone.
3. Use markup and style sheets.
4. Clarify natural language usage.
5. Create tables that transform gracefully.
6. Ensure that pages featuring new technologies transform gracefully.
7. Ensure user control of time-sensitive content changes.
8. Ensure direct accessibility of embedded user interfaces.
9. Design for device-independence.
10. Use interim solutions.
11. Use W3C technologies and guidelines.
12. Provide context and orientation information.
13. Provide clear navigation mechanisms.
14. Ensure that documents are clear and simple.

Introduction

EmployCare Inc.  is responsible for managing its assets, including its intellectual assets, in a way that maximises their contribution to the goals of the organisation.

Subject to these responsibilities, EmployCare Inc. is committed to the widest possible dissemination of its ideas and findings where these may assist others.

Purpose

The purpose of this policy is to clarify the status of material subject to copyright used by the organisation, and to remove any possible misunderstandings about ownership of copyright.

Policy

Production of copyright material

At law, material created by employees of EmployCare Inc. in the course of their employment, irrespective of whether it is created using EmployCare Inc. facilities or materials, or during normal working hours, will belong to EmployCare Inc. What constitutes the course of employment will be determined by the employee’s position description and usual duties.

An employee’s employment contract may vary the default position of when copyright belongs to EmployCare Inc. The employment contract overrides the default position that exists at law.  Employees may be required to sign additional documents vesting or assigning copyright to EmployCare Inc. where that material was created by the employee using EmployCare Inc. resources and during paid working hours.  One example of when this may be necessary is if the employee is required to engage in a project or duties that are outside of their normal employment duties.

If any material was created using EmployCare Inc. resources, or during paid working hours, then the onus is on the employee to demonstrate that it was not created in the course of employment.  Employees should be aware that performing unauthorised non-work tasks during work hours may subject them to disciplinary proceedings.  Where any uncertainty exists, staff are encouraged to discuss this with their supervisors.

Any dispute between EmployCare Inc. and its staff, contractors, or volunteers, or between staff, or between contractors or between volunteers, on issues of copyright ownership shall be determined by the organisation’s dispute resolution procedures.  Such determination will be subject to the judgement of any court or tribunal.

Copyright notice

Staff and volunteers of EmployCare Inc. should ensure that every publication of EmployCare Inc. including any books, newsletters, brochures, forms, reports, and computer software contains the following statement:

© EmployCare Inc. Australia, [Year of creation of material]

This statement should not be included in normal business letters, invoices, receipts.

Use of copyright material

Staff and volunteers of EmployCare Inc. are required to observe all applicable copyright laws and regulations.

Staff and volunteers of EmployCare Inc. may use copyright material belonging to or licensed to EmployCare Inc. only for the purposes of their work for EmployCare Inc. Where the material is used by EmployCare Inc. under licence, staff and volunteers must act in accordance with that licence.

Staff and volunteers of EmployCare Inc. may not reproduce, publish, distribute, or adapt third party copyright material in the course of their work for EmployCare Inc.  without the authorisation of the copyright owner.  Staff and volunteers may not download or reproduce text, photographs or illustrations found on the internet without authorisation of the copyright owner.  This includes for use in internal or external newsletters, reports, or presentations.  All non-generic images and illustration should be sourced from and with the consent of the creator.  Generic images may be obtained from a stock image supplier (e.g. Shutterstock or iStock photo).

When reproducing or otherwise using third party copyright material, it cannot be assumed that just because something is on the internet that it is free for everybody to copy and use.  This includes images on Facebook or photo sharing websites.  Acknowledgement of source of the material does not overcome the need for authorisation; actual authorisation is still required.

The CEO is required to institute procedures that will ensure:

1. that all uses of third-party copyright materials are recorded, and
2. that all compensable uses of copyright material are appropriately processed.

Copyright on EmployCare Inc. materials

All materials produced by or on behalf of EmployCare Inc. are subject to copyright. Permission to reproduce such materials depends on the category into which they fall.

All materials produced by or on behalf of EmployCare Inc. will be classified by the CEO into one of the following classes:

1. Those materials that are copyright and that cannot be reproduced by any process other than for the purposes of and subject to the provisions of the Copyright Act and any licensing agreement between the user and EmployCare Inc.
2. Those materials that are copyright and that may nonetheless be circulated and/or reproduced as long as any reproduction features specified credits and disclaimers.
3. Those materials that are copyright and that may nonetheless be reproduced without conditions.
4. Those materials that are not copyright.

The copyright policies of EmployCare Inc. are binding on all staff, whether paid or voluntary. The copyright policies of EmployCare Inc. as amended from time to time, shall be deemed to be a part of the conditions of employment of every employee and shall be included in the orientation material given to every volunteer.

Moral rights

Where it is reasonable to do so, staff and volunteers of EmployCare Inc. should ensure that:

1. When reproducing any written material, photograph or illustration, the creator should be acknowledged where it is appropriate to do so.  It is generally appropriate to acknowledge the author of a report or article in a newsletter, but it is not appropriate to acknowledge the creator of a marketing brochure or promotional flyer, or where it is desirable for operational reasons that correspondence be sent out in the name of somebody else (such as in the name of a director, executive or manager).
2. When reproducing any written material, photograph or illustration, a person should not be falsely attributed as the creator unless it is reasonable to do so.  For example, some correspondence may need to go out in the name of a director, executive or manager even though it was written by somebody else.

You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of our services and the use of any information derived either directly or indirectly from it and for any decisions or advice given because of the use of our services or any applications of the information provided through its use.

By using this website, you agree to abide by the terms and conditions set out in this Agreement. If you do not agree to abide by these terms and conditions do not use this website.

As a convenience to you, EmployCare Inc. may provide, on this site, links to websites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. EmployCare Inc. makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that EmployCare Inc. endorses, is affiliated, or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of EmployCare Inc.

Any personal information you may provide to EmployCare Inc. via this site is protected by the Privacy Policy associated with this site. You agree not to provide any information or materials to EmployCare Inc. that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

The information contained in our reports should not be used or relied upon as the sole determiner for the purposes of your employment or other career or vocational matter. You should consider your own personal situation in addition to the information provided by our services.

In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit earnings, or lost opportunities, arising out of or in any way connected with the use or performance of our services whether based on contract, tort, negligence, strict liability or otherwise even if EmployCare Inc. has been advised of the possibility of damages.

Under no circumstances shall EmployCare Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, incorrect email addresses, internet failures, computer equipment failures, other equipment failures, or nonperformance of third parties.

Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under s 68A of the Trade Practices Act 1974 (Cth).

EmployCare Inc. reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the site after any changes to this Agreement are posted will be considered as acceptance of those changes.

EmployCare Inc. reserves all rights in the content and design of this site. Unless permitted in writing by EmployCare Inc., you may not reproduce, use, or copy any content on this site including names, logos and any other material licensed to EmployCare Inc. You may not use commercially any information, products, or services on this website, and you may not cause any of the material on this website to be framed or embedded into another website without written permission from EmployCare Inc.

You may not modify, adapt, or create derivative works based on or contained in our services or any associated written material accompanying or produced by us. You may not reverse engineer, decompile or disassemble our services or any associated written material accompanying or produced by it. Without limitation this restriction shall apply in respect of the questionnaire and reports generated in this website.

EmployCare Inc. makes no representations, guarantees, or warranties, express or implied, with respect to our services, its medium, any written material accompanying it, or produced by it, its use, suitability, reliability, accuracy, performance or results, its merchantability, or fitness for a particular purpose, title, and non-infringement.

EmployCare Inc. makes every effort to check and test material at all stages of production. It is always wise for users to run an anti-virus program on all material downloaded from the Internet. EmployCare Inc. cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material from this site. You will assume all responsibility in providing a correct and acceptable email address for receipt of all information sent via email to you.

All transactions are processed in Australian dollars.

The materials on this site may contain inaccuracies or typographical errors. EmployCare Inc. does not warrant the accuracy or completeness of the materials, or the reliability of any advice, opinion, statement, or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, report, or information shall be at your own risk. EmployCare Inc. disclaims liability for errors and omissions in the contents of this website. EmployCare Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. EmployCare Inc. may make any other changes to the site, the material and the products, programs, services, and fees described in the site at any time without notice.

No liability is accepted to any person for loss or damages incurred because of reliance upon material contained at this website. You acknowledge that any suggestions made, or reports provided by EmployCare Inc. in connection with occupational choices are intended as a guide only and not as a guarantee of success, or otherwise, of any proposed career path.

EmployCare Inc. accepts no responsibility for checking the accuracy of data, programs or any materials accessed through this site. We expressly disclaim liability for errors and omissions in the contents of this website.

By entering the site, you will be deemed to have released and discharged EmployCare Inc. from all liability which might arise, including liability in respect of any defamatory material on any database or in respect of any dealings with any work (including software) in which you hold any copyright or other intellectual property right.

By entering the site, you will be assuming all risks associated with use of the site, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the EmployCare Inc. site or your access to it.

Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, or recommendation.

You have read and accept the terms of the Privacy Policy, Terms of Use, and this Disclaimer.

You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of our services and the use of any information derived either directly or indirectly from it and for any decisions or advice given as a result of the use of our services or any applications of the information provided through its use.

By using this website you agree to abide by the terms and conditions set out in this Agreement. If you do not agree to abide by these terms and conditions do not use this website.

Communication of Information:

A legislative obligation may require EmployCare Inc. to report or disclose certain information to third parties which may be an exception to the National Privacy Principles as provided under the Privacy Act 1988 (Cth).

In other instances, third parties may have a need-to-know information held by EmployCare Inc., but not have an ongoing legislative right. In either case, before information is transmitted or made available, the third party must:

• Show that they have the authority to access the information
• Create permission for it to be released to them EmployCare Inc. employee dealing with the release must ensure that they have themselves the necessary authority and delegation to access and release the information.
• Duty of Care information can exist which if not communicated to other’s could result in adverse consequences for a client and/or other employees. In such cases, duty of care obligation is created for those who are aware of the information to make it known to those who need to know. The information must be limited to the minimum operational facts required, and must avoid the release of personal details as far as practicable.

Data Breaches:

While EmployCare Inc. has safe systems in place that supports the maintenance and transfer of client information manually and electronically including password protected computer systems, locked filing systems, minimisation of transfer or transportation of minimal client information, and use of anti-virus software, there is still potential for a data breach.

Under the Australian Privacy Act 1988 (Privacy Act) and Privacy Amendment (Notifiable Data Breaches) Act 2017, EmployCare Inc. are required to notify affected individuals and the Office of the Australian Information Commissioner (OAIC) when a data breach is likely to result in serious harm to individuals whose personal information is involved in the breach.

Data Breach Response Plan:

 In the event of a data breach per the Privacy Amendment (Notifiable Data Breaches) Act 2017, the Chief Executive Officer is the appointed responsible person.

As the appointed responsible person, the CEO must conduct a quick assessment of a suspected eligible data breach to determine whether it is likely to result in serious harm deemed as a notifiable breach. An eligible data breach occurs when personal information held by an organisation is lost or subjected to unauthorised access or disclosure. Where it is likely to result in serious harm, the responsible person must notify the individual or individuals whose personal information is involved in the data breach, and the Australian Information Commissioner. The notification must include a description of the eligible data breach, the kind or kinds of information involved, and what steps the entity recommends that individuals at risk of serious harm take in response to the eligible data breach. Notifications to the Commissioner must be submitted online via the Officer of the Australian Information Commissioner https://www.oaic.gov.au/

The CEO in collaboration with staff will also conduct a review of its privacy and confidentiality processes and make any necessary amendments to minimise any further risk of data breaches.

Confidentiality

Each person who contacts EmployCare Inc has a right to expect to be treated with courtesy and respect, and in a manner, which ensures they are able to retain their dignity.

They can expect to have information, which is provided by them to the organisation to be kept strictly confidential. All information provided to or created by Employcare Inc staff during the course of their employment where it is reasonable that confidentiality should be maintained will be protected from inappropriate disclosure.

All EmployCare Inc staff are directed to maintain written details on clients’ files in a lockable case file, accessible to themselves only. Such files and information are the property of EmployCare Inc. and must not be copied or removed unless as a result of a court order or authorised by the Chief Executive Officer.

Case files are only to be removed from EmployCare Inc. if:

· The file is closed and will be archived at Head Office.

· Such files and information are the property of EmployCare Inc and must not be copied or removed unless as a result of a court order or authorised by Chief Executive Officer.

· Staff have permission to work at home in special circumstances (incapacity, office site renovation etc.).

· It is essential for staff to have immediate access to the complete file, regardless of location. In this situation, the confidentiality of the file must be protected.

Procedures for protecting confidentiality and privacy to be adhered to by staff of EmployCare Inc. are:

· Case discussions will only occur with client consent that may be verbal or written and verbal consent is to be noted in the client’s file.

· Case discussions within EmployCare Inc will not identify clients by name. A number only will identify case files.

· Written information / documents provided by clients to be kept on file as long as needed, after which original documents to be returned to the client.

· Emails that contain confidential information, must state the legal responsibility of the sender and the recipient of the email.

· Client files and employee records will be stored securely and will only be accessed on a need to know basis by authorised staff.

· Such files and information are the property of EmployCare Inc and must not be copied or removed unless as a result of a court order or authorised by the Chief Executive Officer.

· No information about a client, their family, or circumstances will be released to anyone outside of EmployCare Inc unless it is a requirement as part of a staff member’s official duties and would be an expectation of the client/family. Information provided must be accurate, relevant, fair, current, and non-judgemental.

· No information about a staff member will be divulged outside of the organisation without the express permission of that staff member.

· Staff will ensure that information provided about EmployCare Inc outside of the organisation is of such a nature and made in such circumstances as to create no reasonably foreseeable possibility of prejudice to the organisation.

· Staff are not permitted to discuss any matters pertaining to the operations of the organisation with the media unless approved by the Chief Executive Officer.

· Staff members who contravene this policy and procedure will be liable to disciplinary action, which may include termination of employment. Access to Information Employees of EmployCare Inc have the appropriate right of access to information that is required to carry out their duties and responsibilities.

In all instances, the existence of a clear need to know qualifies any right to know.

Personnel Files

Each employee of EmployCare Inc has right of access to information in the file that refers to them.