Psychology services are bound by the legal requirements of the Australian Privacy Principles set out in the Privacy Act (1988), and by the Australian Psychological Society (APS) Code of Ethics  (2007). This document describes Wellbeing In Mind’s privacy policy for the management of clients’ personal information in accordance with these requirements[1].

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1.Meanings:

References to “Wellbeing In Mind”, “we”, “us” and “our” are references to WELLBEING IN MIND PSYCHOLOGICAL SERVICES PTY LTD ABN  11 641 263 434. References to “you” and “your” are references to any individual about whom we collect personal information.

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2.Personal Information:

When used in this Policy, “personal information” has the meaning given in the Privacy Act. Generally, it means any information or an opinion that could be used to identify you. Sensitive information is personal information that includes information or an opinion about, for example, your health, criminal record, sexual orientation, religious or philosophical beliefs, racial or ethnic origin, and political opinions.

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3.Why we collect your personal information:

We collect, hold, use and disclose your personal information to carry out functions or activities such as:

• providing appropriate psychological services to you;

• sending you communications via SMS or email to, for example, remind you about appointments with your psychologist, provide you with treatment resources and questionnaires and send you a copy of your invoices;

• enabling you to receive the correct entitlements to benefits and funding for psychology services from third-party payers and to comply with their requirements;

• responding to your enquiries, requests or feedback;

• updating your records and keeping your information up to date.

 

4.How we collect your personal information:

We collect your personal information mainly when you deal with us over the phone, have contact with us in person, give or send us a letter or document or when you interact with us online via our practice management software, website, email, SMS, and social media channels (please note that social media channels will handle your personal information for their own purposes and have their own Privacy Policy). We may also collect personal information about you, including sensitive information, indirectly from other sources such as your GP or other healthcare professionals, government agencies administering your entitlements and benefits, a carer, a legal professional, or a person responsible for your healthcare decisions. If you want to share information that includes another person’s information in which that person will be identifiable, you must seek permission from the individual and let them know about our Privacy Policy.

 

5.How we hold your personal information:

Most of the information collected is stored in our online practice management software. Information on our practice management software’s privacy policy can be found here. If you elect to provide us with credit/debit card information in order for payment for appointments to be processed immediately after your appointment, information on card security can be found here.

We also hold some of your personal information on our servers and computer systems which are password protected. Some information may be collected in paper-based documents which may be converted to electronic form and the original paper copy destroyed in a secure manner when we no longer need it. Any personal information retained in paper-based documents is stored in a secure filing cabinet which is accessible only to authorised team members.

We are legally required to hold clients’ personal information for a minimum of 7 years from the date of last entry in your record or if you are a minor until you attain or would have attained 25 years of age.

1. Disclosure of your personal information:

There are circumstances where we may be permitted or required by law to disclose your personal information to third parties. Common situations in which we may disclose your personal information to third parties are when:

1. It is subpoenaed by a court; or

2. 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, e.g. a parent, teacher, employer, or health provider; or

3. disclose the information in another way; or

1. We reasonably believe that disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety; or

2. you would reasonably expect your personal information to be disclosed and disclosure to that third party is for a purpose directly related to the primary purpose for which your personal information was collected (see Why we collect your personal information), for example, to your GP, government agencies and other third-party payers administering subsidies and benefits to which you may be entitled such as Medicare and Department of Veterans Affairs; or

3. disclosure is otherwise required or authorised by law

Your personal information will not be used, sold, rented, or disclosed for any other purpose. Where we have collected a government-related identifier, such as your Medicare or DVA number, we will only use or disclose that identifier as required or permitted by law.

 

7.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, Wellbeing In Mind may not be in a position to provide a service to the client. Clients may request to be anonymous or to use a pseudonym, unless it is impracticable for Wellbeing In Mind to deal with the client or if Wellbeing In Mind is required or authorised by law to deal with identified individuals. In most cases it will not be possible for the client to be anonymous or to use a pseudonym, however if Wellbeing In Mind agrees to the client being anonymous or using a pseudonym, the client must pay full consultation fees at the time of the appointment.

 

8.Professional supervision:

From time to time, your psychologist may consult with their professional supervisor or another registered health practitioner about your case for the purpose of supervision and guidance to enhance their service to you.  In such instances, your information will be deidentified (i.e. using a pseudonym), unless consulting with Wellbeing In Mind’s Director (Principal Psychologist), whom is likely to know your identity and is also bound by the Privacy Act and this policy. 

 

9.Requests for access and correction to client information:

You can ask for access or correction of your personal information, if you believe it to be inaccurate, in writing and we must respond within 30 days. We may ask you to verify your identity before we give you access to your information or correct it.

Access to your personal information may be declined in accordance with privacy laws, for example, where giving you access would put you or another person at risk of harm. In this circumstance, we must notify you in writing setting out the reasons. We do not provide copies of information records without a court subpoena if they contain sensitive information that may be harmful if read without a psychologist present to explain the information appropriately. Where a person requesting access to your personal information is an authorised representative of yours, such as a lawyer or guardian, we will ask the representative to provide evidence of their authority. We may also ask you to provide current and informed consent to us before releasing your personal information. 

We take reasonable steps to ensure that the personal information we hold about you is accurate, up-to-date and complete. If you believe it to be incorrect or out of date you can ask that we correct it. If it is not possible for us to correct it, you can ask us to associate with it, for example, attach or link a statement that you believe the information is incorrect and why. If we make a correction and we have disclosed the incorrect information to others, you can ask us to tell them about the correction. We must do so unless there is a valid reason not to.

 

10.Child clients and requests access and correction to client information

We aim to work collaboratively with parents of our child clients, unless otherwise directed by legal proceedings or immediate safety concerns. In cases of separation or custody disputes, Wellbeing In Mind will endeavour to act foremost for the interests and wellbeing of the child client.

The contact information parents provide at the time of intake will be presumed correct, unless documentation proving otherwise is provided. If no information regarding legal orders or safety concerns is given, we will assume that both parents have equal parenting rights and are equally entitled to request information regarding the child client. Wellbeing In Mind reserves the right to refuse requests for child client information, in line with the APS Code of Ethics and the professional opinion of the treating practitioner.

It is the responsibility of parents/carers to inform the clinic of changes in family circumstances. Any update to a child client’s parenting/care arrangements, or any safety concerns, must be provided in writing as soon as reasonably possible.

 

11.Requests to release client records:

This section describes our policy on responding to requests from clients, guardians, legal representatives or other relevant authorities, to release all or part of a client’s record. This policy does not pertain to subpoenas.

Requests to release your information must be received in writing at least 30 days prior to the information being needed. Your psychologist must have regard for legal and ethical exceptions in considering the request and will respond to the requesting party within 14 days.

If there is no objection to the request, the requesting party will be invoiced for the anticipated cost of properly preparing and releasing your personal information. This process will be completed within 14 days of receiving full payment. In most instances, your psychologist will require you to attend an appointment to review the information due to be released and to obtain your fully informed written consent to the release (signing a generic consent form is generally insufficient). Standard service fees apply to these appointments.

Alternatively, you may make a written request to your psychologist to provide a summary of your personal information, or a letter or report addressing the purpose that the personal information is being sought for, in accordance with our policy on the disclosure of client information. Costs and timeframes for these requests are at the discretion of your psychologist.

Please note that we cannot be responsible for preserving the confidentiality of information that has left Wellbeing In Mind’s control. We are not able to release confidential information that belong to another practitioner (e.g., medical or allied health reports authored by other practitioners) Also see our policy on managing requests to release your file after your psychologist has departed Wellbeing In Mind.

 

12.Managing requests to release your file when your psychologist no longer works for or provides services at Wellbeing in Mind

In the event that your psychologist is no longer employed or in a contractual relationship with Wellbeing in Mind, requests to release your information should be directed to the Clinical Director. The Clinical Director will in the first instance attempt to liaise with the psychologist to address the request as psychologists must make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client. If the psychologist is not able to engage in the request (e.g., because they are incapacitated or deceased), the Clinical Director will attempt to address the request to the best of their ability.

 

13.Transfer in certain circumstances:

In the event your psychologist leaves our clinic and you elect to see another psychologist at Wellbeing in Mind, we will transfer access to any Health Information we hold about you to your new treating psychologist to facilitate continuation of services. If you elect to continue receiving services from your current psychologist at a different clinic or practice, the departing psychologist will be able to request a copy of your Health Information from the Clinical Director at Wellbeing in Mind to facilitate continuation of services.

 

14.How you can lodge a privacy related complaint and how it will be handled at our practice:

If you have concerns about your privacy or wish to make a complaint about a privacy breach, please contact our clinical director. You should provide sufficient details regarding the nature of your complaint together with any supporting information. We will take steps to investigate the issue and will notify you in writing of the outcome within 30 days from receipt date of original written complaint. If you are not satisfied with our response, you can contact us directly to discuss your concerns, or lodge a complaint with the Australian Information Commissioner at www.oaic.gov.au or by calling 1300 363 992.

 

15.Notifiable data breaches scheme:

In the event of any unauthorised access or unauthorised disclosure or loss of your personal information that is likely to result in serious harm to you or other individuals, we will investigate and notify you and the Office of the Australian Information Commissioner in accordance with the Privacy Act.

 

16.Changes to this privacy policy:

We will update this Privacy Policy when our information handling practices change. Any information we hold about you will be governed by our current Privacy Policy. We recommend that you periodically review this Privacy Policy for any changes.

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Contact:

Queries, complaints, requests for access or correction should be made in writing and sent to:

By post:

Clinical Director

Wellbeing In Mind Psychological Services PTY LTD

Unit 12 / 2081 Moggill Road, Kenmore, QLD 4069

 

By email:

practicemanager@wellbeinginmind.com.au

 

[1] *Many of the psychologists working with Wellbeing In Mind are independent contractors and business entities who are responsible and liable for their own professional conduct and compliance with the laws and standards that apply to the practice of psychology in Australia. Both employees and contractors working with Wellbeing In Mind are responsible for complying with Wellbeing In Mind’s policies and informing their clients and the Clinical Director immediately of any intended or incidental departure from those policies.