What personal information do we collect?

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During counselling sessions, we collect personal information directly from you and with your consent. If you have worked with a previous organisation such as a local doctor, mental health service, hospital, school or family violence service, we will ask for your consent to collect information from them. The benefit of seeking information is to reduce exposure of re-telling traumatic events and/or to reduce service fatigue. Information will only be collected with your informed consent. Information is stored in password protected electronic files, and paper files will be scanned and saved electronically. 

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What personal information do we share?

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We do not share any information with family or friends who seek your information. We will only share information with your consent and ensure that the entities or organisations who you would like us to share information with are written down. This can be amended at any time however, information cannot be retracted once shared with consent. The only exceptions of when we will share information without your consent include:

• If there is any risk of harm to you and/or any other person or being.

• If we are required to do so by law, for instance information has been subpoenaed by court.

Even in the above circumstances, we will be transparent and let you know when information needs to be shared.

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Who can provide consent?

 

Elements that influence consent are age, maturity and intellectual understanding. To provide consent, a person must be

16 years old and over, not be substance effected at the time of providing consent and understand specifically what they are consenting to. In accordance with the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) we can provide a service to a child between 12-16 years if we have consent from another trusted familial adult or if the young person is assessed as a mature minor. 

In order to safeguard young people, the Children, Youth and Families Act (2005) stipulates that providing information about a child to their parents is not required if the child is older than 12 years and does not consent, as it may place the child or others at risk of harm including self-harm.

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Which legislations are we bound by?

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We are bound by the following legislation and standards that regulate how we may collect, use, disclose and store personal information, and how individuals may access, and correct personal information we hold.

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• Privacy Act 1988 (Commonwealth)

• Privacy and Data Protection Act 2014 (Victoria)

• Health Records Act 2001 (Victoria)

• Fair Work Act 2009 (Commonwealth)

• Children, Youth and Families Act 2005 (Victoria)

• Family Violence Protection Act 2008 (Victoria)

• Child Wellbeing and Safety Act 2005 (Victoria)

• Australian Privacy Principles (APPs)

• Notifiable Data Breaches Scheme 2017

• Information Privacy Principles (IPPs)

• Victorian Protective Data Security Standards 2016

• Health Privacy Principles

• Family Violence Information Sharing Scheme (2017)

• Child Information Sharing Scheme (2017).

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