Privacy Policy

This document describes the privacy policy of Chris Gilbert Psychology (ABN: 19 521 020 363) 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 (Cth) and adheres to the Australia Psychological Society – Code of Ethics (2007).

RIGHTS AS A CLIENT OF A PSYCHOLOGIST

Please refer to the “Charter for Clients of APS Psychologists” (from the Australian Psychological Society) and “The Rights of Clients of Australian Psychologists” (from the Australian Association of Psychologists Inc.), documents that explain your rights as a client of a psychologist.

COLLECTION OF CLIENT INFORMATION

The majority of Client information is stored electronically on a secure and encrypted web-based healthcare software (Halaxy - Halaxy’s privacy policy) which complies with various privacy legislative requirements (i.e., the Privacy Act 1988 (Cth)) and is only accessible by authorised personnel.

The information on each file may include personal information such as:

  • name, address, contact phone numbers, email addresses and other contact details;

  • initial intake information, therapy notes, reports (i.e., diagnostic reports, NDIS plans, other professionals’ reports), completed surveys, copies of information recorded on the whiteboard in session, copies of written homework activities, all correspondences related to the client (email, SMS, logged phone calls);

  • medical history, medications, adverse events, social history, family history, referral letters and details of other health service providers involve in care;

  • Medicare number, healthcare and/or health fund details;

  • financial payment details (such as credit card number);

  • legal documents (such as Family Law Court Orders, Apprehended Violence Orders, etc.)

  • any other personal information collected as part of providing the psychological service.

Any printed out hard-copy files are digitally converted, securely stored digitally and then are shredded (security level P4) at the end of the working day so that no physical copies of client information exist.

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.

CONSEQUENCES 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, Chris Gilbert Psychology may not be in a position to provide the psychological service to the client. In some circumstances, clients may request to be anonymous or to use a pseudonym, unless it is impracticable for Chris Gilbert Psychology to deal with the client or if Chris Gilbert Psychology is required or authorised by law to deal with identified individuals. In most cases it will not be possible for you to be anonymous or to use a pseudonym. 

HOW LONG CLIENTS’ PERSONAL INFORMATION IS COLLECTED AND FOR HOW LONG?

A client's personal information is collected in a number of ways during psychological consultation with Chris Gilbert Psychology, including when the client provides information directly to Chris Gilbert Psychology using hardcopy forms, online forms, correspondence via email, when the client interacts directly with Chris Gilbert Psychology personnel, and when other health practitioners provide personal information to Chris Gilbert Psychology, via referrals, correspondence and medical reports.

Client information is stored and collected for a minimum of 7 since last client contact. If a client was less than 18 years old when records were collected, a client’s records will be retained until the client turns 25 years of age.

SECURITY CAMERAS (BOX HILL LOCATION ONLY)

Chris Gilbert Psychology utilises security cameras and recordings to enhance safety at the residential location, observe client arrival and deter and/or prevent potential property damage in compliance with the Australian Privacy Principles (12 March 2014). Any property damage is to be compensated in full by the client. Only cameras outside of the dwelling record during client hours. Recordings do not contain audio and are stored on a secure, password protected computer. Recordings are automatically overwritten every 4-6 months and are only accessible by authorised personnel at Chris Gilbert Psychology.

CHILD CLIENT DEEMED “MATURE MINORS”

There may be circumstances where a child under the age of 18 (usually the mid teenage years) may be considered a “mature minor” if they “achieve a sufficient understanding and intelligence to enable him or her to understand fully what is proposed”, as deemed by the psychologist. Mature minors must give consent for parents or guardians to gain access to client or treatment information.

PARENTS THAT ARE SEPARATED / SEPARATING

Both parents of a child client, unless otherwise specified by court order restrictions, have equal rights to child treatment involvement (i.e., may request to be a part of treatment in an appropriate way) and access to client information (i.e., session notes, communication relevant to the client), to be organised by parents and at the parents’ expense (i.e., if additional communication or administration is necessary). If an amicable agreement between parents cannot be reached regarding a child’s treatment or if the other parent objects to the child’s treatment the psychological service may not be able to be provided to you:

  1. Any information collected as part of assessment and treatment for the client and communicated to the psychologist directly related to the client (therapy notes, reports, communications, emails, phone call logs, etc.) may be accessed by the other parent/guardian and/or read out in court.

  2. Discussions will be necessary about communication with and/or involvement of the other parent/guardian in treatment (if appropriate). It is the parent/guardian's responsibility to keep the other parent informed of therapy related decisions, unless otherwise specified in court orders.

  3. Whether or not the other parent/guardian is invited to participate in treatment, if the other parent/guardian requests information about the child and child's file, Chris Gilbert Psychology is obliged to provide it (unless a relevant court ordered restriction is in place).

  4. If the non-attending parent objects to the child's treatment by the psychologist the psychologist will need to consider ceasing treatment until there is agreement or a court order addressing the issue.

Court Orders or Family Violence Orders (AVO/DVO): If you have past, current or pending orders (relevant to the client) you will need to provide these, and any future amendments, to your psychologist as there may be legal implications for treatment. If up-to-date court orders cannot be provided treatment may need to cease.

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 Chris Gilbert Psychology place you or another person at serious risk to life, health, or safety; or

3.     your prior approval has been obtained to

a.     provide a written report to another professional or agency. e.g., a GP or a lawyer; or

b.     discuss the material with another person, e.g., a parent, employer, health provider or third-party funder; or

c.     disclose the information in another way; or

d.     disclose to another professional or agency (e.g., your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected.

Mandatory Reporting: Your psychologist is a Mandatory Reporter. Mandatory reporters are required by law to report suspected risk of harm, neglect or abuse of any child between 0 to 15 years to government authorities.

A client’s personal information is not disclosed to overseas recipients, unless you consent, or such disclosure is otherwise required by law. Your 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, Chris Gilbert Psychology will use all reasonable endeavours to minimise any risk of consequential serious harm.

REQUESTS FOR ACCESS AND CORRECTIONS TO 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 and/or give them a copy, 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 Chris Gilbert (Clinical Psychologist, Business Owner, chrisgilbertpsychology.com/contact). These requests will be responded to in writing within 14-28 days and an appointment will be made if necessary for clarification or communication purposes. An administration or session fee will be charged to cover the time required to obtain, collate and communicate the information in an appropriate form. An invoice will be sent and upon confirmation of payment the requested information will be sent/session will commence/communication take place.

CHANGES TO THIS POLICY

From time-to-time changes may be made to this policy to reflect changes in the law or professional best-practice guidelines. Clients are encouraged to periodically review this policy to remain informed on current policies.

CONCERNS

If clients have a concern about the management of their personal information, they may inform Chris Gilbert (Clinical Psychologist, Business Owner, chrisgilbertpsychology.com/contact). Upon request 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.

Last Updated: 26/4/2024