​ Privacy Policy for Management of Personal Information ​

1. Client Information

A “client” is any person who has engaged Ability Psychology to deliver psychological services to them or who has requested psychological services from Ability Psychology.

​

This policy describes the privacy policy of Ability Psychology (“the psychologist”) for the management of clients’ personal information.

The psychological service provided is bound by the legal requirements of the Australian Privacy Principles set out in the Privacy Act 1988 (Commonwealth).

Clients' personal information is held in secure, electronic information management systems which are accessible only to authorised persons working for the psychologist. The information on each file includes personal information such as name, address, contact phone numbers, medical history, and other personal information collected as part of providing the psychological service. This information is stored in an electronic information management system operated by PowerDiary. Clients should refer to PowerDiary’s Privacy Policy.  Other personal information such as name, address, and dates of appointments may be stored in an electronic information management system operated by Xero. Clients should refer to Xero’s Privacy Policy.

How Clients' Personal Information is Collected

A client’s personal information is collected in a number of ways during psychological consultation with the psychologist, including when the client provides information directly to the psychologist using hardcopy forms, correspondence via email, when the client interacts directly with the psychologist’s employees such as the receptionist, and when other health practitioners provide personal information to the psychologist, via referrals, correspondence and medical reports.

Consequence of Not Providing Personal Information

If the client does not wish for their personal information to be collected in a way anticipated by this Privacy Policy, the psychologist may not be able to provide the psychological service to the client.

Purpose of Holding Personal Information

A client’s personal information is gathered and used for the purpose of providing psychological services, which includes assessing, diagnosing, and treating a client’s presenting issue. The personal information is retained in order to document what happens during sessions, and enables the psychologist to provide a relevant and informed psychological service.

Disclosure of Personal Information

All personal information gathered by the psychologist during the provision of the psychological service will remain confidential except when:

1. it is subpoenaed by a court, or disclosure is otherwise required or authorised by law; or
2. failure to disclose the information would in the reasonable belief of the psychologist place the client or another person at serious risk to life, health or safety; or
3. the client’s prior approval has been obtained to
   1. provide a written report to another professional or agency. e.g., a GP or a lawyer; or
   2. discuss the material with another person, eg. a parent, employer, health provider or third party funder; or
   3. disclose the information in another way; or
   4. disclose to another professional or agency (e.g. the client’s GP) and disclosure of the client’s personal information to that third party is for a purpose which is directly related to the primary purpose for which the client’s personal information was collected.

​​

A client’s personal information is not disclosed to overseas recipients, unless the client consents or such disclosure is otherwise required by law. Clients’ personal information will not be used, sold, rented or disclosed for any other purpose.

​

If unauthorised access, disclosure, or loss of a client’s personal information occurs the psychologist will activate its data breach plan and use all reasonable endeavours to minimise any risk of consequential serious harm.

Requests for Access to and Correction of Client Information

At any stage clients may request to see and correct the personal information about them kept on file. The psychologist may discuss the contents with them, subject to the exceptions in the Privacy Act 1988 (Cth). If satisfied that personal information is inaccurate, out of date or incomplete, reasonable steps will be taken in the circumstances to ensure that this information is corrected. All requests by clients for access to or correction of personal information held about them should be lodged with Head Office. These requests will be responded to in writing and an appointment will be made if necessary for clarification purposes. This process is subject to the Release of Information provisions in place.

Storage of Information

Personal information about clients is stored by the psychologist in a secure manner for a period of at least 7 years, or longer in the case of a client who was under the age of 18 years at the time of consultation. At the expiration of this period, all records will be destroyed in a controlled, safe, and secure manner, ensuring that the privacy of the client and their information is maintained.

Concerns

If clients have a concern about the management of their personal information, they may inform the psychologist. They can obtain a copy of the Australian Privacy Principles, which describe their rights and how their personal information should be handled. Ultimately, if clients wish to lodge a formal complaint about the use of, disclosure of, or access to, their personal information, they may do so with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au/privacy/making-a-privacy-complaint or by post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001.

2. Website Visitor Information

​

A “visitor” is any person who visits or logs into a website operated by Ability Psychology. It may but does not always include clients of Ability Psychology.

​

Use of Visitor Information

Ability Psychology uses data about how visitors use its website for the following purposes:

1. To monitor the use of its website, portals, platforms, or forums; or
2. To understand visitor behaviour or preferences. For example, Ability Psychology may use information about how visitors search for and find information to better understand the best ways to organise and present this information; or
3. To identify the needs of visitors and to tailor its services to suit specific needs of visitors and others; or
4. To contact visitors, with their consent, for sales and marketing purposes.

Website Analytics

Cookies are an industry standard and most major web sites use them. A cookie is a small text file that the site may place on a visitor’s computer as a tool to remember their preferences. Visitors may refuse the use of cookies by selecting the appropriate settings on their browser, however this may interfere with their full use and functionality of the website.

​

Ability Psychology website may also employ the use of Google Analytics, a service which transmits website traffic data to Google servers in the United States of America. Google Analytics does not identify individual users or associate visitors’ IP addresses with any other data held by Google. Ability Psychology uses reports provided by Google Analytics to help it understand website traffic and webpage usage.

​

By using this website, visitors consent to the processing of data about each visitor by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. A visitor can opt out of Google Analytics if they disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

​

Storing Visitor Information

Ability Psychology only retains information collected from its website for as long as necessary to provide each visitor with their requested service. Visitor information is protected within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

​

Third Party or Linked Sites

Ability Psychology may interface with social media sites such as LinkedIn, Facebook and Twitter. If visitors choose to “like” or “share” information from this website through these services, they should first review the privacy policy of that service. If a visitor is a member of a social media site, the interfaces may allow the social media site to connect the visitor’s visits to this site with other Personal Information.

The Ability Psychology website may contain other links to external sites that are not operated by Ability Psychology. Visitors should be aware that Ability Psychology has no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies. When visitors go to other websites from the Ability Psychology site, they are advised to read the other site’s privacy policy.

​

Ability Psychology does not share any visitor’s information, including personally identifying information, publicly or with third-parties, except when:

1. The visitor has consented to the disclosure to nominated people or organisations; or
2. The information has been subpoenaed or a warrant for that disclosure has been served; or
3. Disclosure is authorised or required by law; or
4. Disclosure is necessary to mitigate risk of personal harm to any person including the visitor.

Consent​

Individuals are free to refuse any request for their personal information, with the understanding that Ability Psychology may be unable to provide the visitor with their desired services. The use by visitors of the Ability Psychology website is regarded as acceptance of this Privacy Policy and Ability Psychology’s practices around privacy and personal information. If a visitor has any questions about how Ability Psychology handles user data and personal information, they should contact Ability Psychology.

1. POLICY

This policy is for the provision of services to Children whose parents are separated. It pertains to consent and providing ongoing services to a minor (under 16 years old) when parents are separated.

2. PURPOSE

Ability Psychology Services’ primary focus is the support and wellbeing of the children accessing our services. The purpose of this policy is to outline the approach we take to supporting children and their family in situations where there has been a separation or breakdown in the parenting relationship.

3. OBJECTIVES

When a family experiences parental separation or divorce, it can be difficult for everyone, especially children. It is especially important in these times that therapy presents an emotionally safe environment. We wish to be clear about our position in providing treatment to children whose parents are separated or divorced, to ensure that the best interests of our clients are prioritised, as well as abiding by our legal and ethical requirements.

4. EXPECTATIONS OF PARENTS

• At intake, it is the parents’ obligation to advise us of the current family situation accurately and honestly, including the anticipated engagement the other parent will have during the service episode.
• It is the parents’ obligation to provide us a copy of any relevant legal documents or court orders, if in place. Copies of any current or amended court or parenting orders are requested at the outset of an episode of care, or as applicable should circumstances change during an episode of care.
• It is our expectation that separated parents work together, respectfully, cooperatively and communicate effectively, to support the service being provided. 
• Communicate to the child that the clinician’s role is to support the child, and not be allied with either parent. 
• That parents communicate about the appointment schedule or reminders, such as if a reminder is sent to the primary contact but the child will be with the other parent at the time.
• If there is a parent nominated as the primary contact who received written correspondence and reports, they share this information with the other parent. Unless there are formal orders in place where this communication is not required or permitted or is otherwise considered to be inappropriate, such is in the event of safety considerations or risk of harm. 

5. PARENTAL CONSENT

Ability Psychology Services requests consent from both Parents for any child under the age of 16 years, where possible. However, we appreciate there may be certain circumstances where both parents’ consent is not possible. Some examples may include, the other parent lives overseas and is non-contactable, or has never been present in the child’s life. Please note that both parents consenting to the service is not a legal requirement but is our preference, as outlined in this policy. 

Ability requests a copy of all orders pertaining to the consent and safety of the child and/or their family, as applicable. If there are court orders specifying that only one parent is responsible for making health decisions, parental consent to treatment can only be obtained from the specified parent even if the other parent is the one to engage or contract the psychologist (Australian Psychological Society, 2018). Other relevant orders, such as Domestic Violence Orders (DVO) or Apprehended Violence Orders (AVO), will be reviewed and duly considered as to how consent is managed by our service.

It is the responsibility of the Primary Guardian/referring party to disclose to Ability Psychology Services where the other Parent is not aware of and/or agreeable to and consenting of service provision. Parent/s are advised that Ability Psychology Services reserves the right to decline/cease services should parental consent not be received, where factors pertaining to parental status reasonably impede on service delivery or are otherwise considered by Ability to be inconsistent with our policy on separated families and/or parental consent; or finally, in the instance where Parental Consent is declined or revoked.

6. CONFIDENTIALITY

In situations where both parents have legal responsibility for making health decisions and accessing treatment, then either party may be permitted access to the child’s records. Consistent with relevant legislation on information sharing, anything written in a child’s file may be accessible by either of their parents, including information provided by one of the parents alone, even if it is about the other parent and given in confidence (Australian Psychological Society, 2021). Please be aware of this when discussing personal issues with your child’s clinician. 

The confidentiality of the child’s health records is only restricted if legal orders specify that only one parent has access. The orders may set out equal access or they may not specify access rights at all. If this is the case, conflict between parents over the child’s clinical information cannot be navigated by the psychologist alone and they will need to seek legal advice. Other factors, such as risk concerns, are considered in the application of our policy on requests for information. Regardless of the outcome, Ability will keep the relevant party informed with respect to the management and determination of requests of this nature.

Whilst Ability strictly declines to provide medicolegal services or other commentary on custodial arrangements of any kind, this does not preclude the receipt of a subpoena.  Ability adopts the stance that there is no legal reason for the Federal Circuit and Family Court of Australia or involved parties to receive or read clinical records. If these are requested for another purpose, such as to inform another party’s assessment, that too is inappropriate and outside of the scope of intended purpose. This is based on several clinical concerns that pertain to the agreement made between Ability and a client of our service. This is outlined further in ‘Out of Scope Services’ below. However please be advised that if in the course of legal proceedings Ability Psychology Services / the psychologist receives a subpoena from the court we may be legally compelled to produce the relevant documents, give evidence in person, or both. 

A subpoena does not mean the requested information is immediately turned over to the party making the request. The court will reach a decision about whether the documents should be disclosed to the parties involved or if the evidence to be produced is relevant and admissible. Under Australian law, the duty to comply with a subpoena is privileged over the right of the client to confidentiality. This means that regardless of whether the child or their parents have ownership over their clinical records, the psychologist will need to provide the court with the information requested. A psychologist can ask the court to protect certain documents or pieces of information from being documented in court proceedings and provided to the parties involved (Australian Psychological Society, 2016). They may do this if they believe that releasing the requested information will have negative consequences for the child, such as placing them at risk of harm. Asking for information to be protected does not guarantee that it will be.

7. OUT OF SCOPE SERVICES

Ability Psychology Services reserves the right to decline a referral where there are concerns around obtaining consent for services. Where there is a formal order in place, we may request to review this prior to agreeing to commence services. The scope of services is limited to your referral pathway, for example, capacity building under a Participant’s NDIS Plan. We do not provide mediation services, court reports or documents to be used in legal matters. We do not take referrals where the purpose of the assessment is to generate information for legal decision making around custody issues of parental separation. We can however recommend alternative agencies should this be required. 

There are a number of serious issues to consider should a parent request a psychologist to provide clinical information as part of the legal proceedings related to a separation. Ability Psychology Services does not provide assessment of matters that pertain to family court or custody matters. However there are specialist services that can provide this that we can recommend. Thus there is no legal reason for clinical records to be used outside of the scope of intended purpose. The following concerns are highlighted in respect to requests to release information:

• If there is any information pertaining to another individual, we would be unable to protect their privacy;
• We cannot reasonably know what the release of information means for the Client, and in any subsequent decision making, and thus cannot forewarn them or their representative/s;
• Information detailed in clinical records is formed in strict respect to the context within which services were provided. It is explicitly stated in our terms of service that matters of family court proceedings are outside our scope and expertise. Thus requested documents are inapplicable and unreliable for a family court setting.

8. PARENTAL PARTICIPATION IN SERVICES

Ability Psychology Services encourages active participation of both parents throughout the services provided to their child. This is likely to improve consistency of the intervention, better communication and understanding of the family context. 

Regardless of which parent is the primary carer, or has engaged our services, either parent or legal guardian can request to*

• Schedule an appointment,
• Be present at their child’s appointment,
• Find out information about their engagement.

*Unless there is a court order or other formal order specifically restricting their involvement in their child’s care. 

The focus of Ability Psychology Services is on providing the best possible support to your child to help them navigate their current challenges. Parents are the most critical part of a child’s support network and by working all together we believe we can achieve the best outcomes for your child. 

Please be advised that this policy is considered and applied within the scope of other relevant policies at Ability Psychology Services, relevant legislation, the Code of Conduct and our ethical requirements as stipulated in the Ethical Code (Australian Psychological Society). It is published for the sole purpose of general information sharing. As a resource, it should not be considered indicative of the determination to a clinical or operational request. Ability Psychology Services considers all requests, feedback and complaints consistent with our Feedback and Complaints Policy, Privacy Policy and Policy for Responding to Requests for Confidential Information, Transfer of Records, Subpoenas & Other Legal Requests.

It is advised that all information shared by Ability Psychology Services on our website or other platforms (e.g., social platforms, search engines and similar) is for the exclusive purpose of general information sharing and does not substitute therapy or constitute advice. As is the case with other health providers, Ability Psychology Services is unable to inform the information shared by other third parties, however we will work to address any concerns where identified. To this effect, please be aware that Ability Psychology Services cannot provide individualised clinical advice outside of an episode of care / service delivery. Individuals should seek professional support for their personal circumstances and/or queries from a suitably qualified health practitioner. This statement is consistent with the National Law (section 133) and the Psychology Board’s Advertising Guidelines, whereby Ability ensures that information provided:

• is not false, misleading or deceptive or likely to be misleading or deceptive;
• does not offer a gift, discount or other inducement without stating the terms and conditions of the offer;
• does not use testimonials or purported testimonials about the service or business;
• does not create an unreasonable expectation of beneficial treatment, and;
• does not directly or indirectly encourage the indiscriminate or unnecessary use of services.

Should you have any queries relating to information shared, you may wish to contact our service. Enquiries are treated in a timely manner and within the scope of our service delivery model. Within an episode of care, you may wish to liaise with your psychologist. Our Administrative Team is available for other customer support during standard business hours. Please see the Contact Us tab of our website for more information.