FERNHILLS PRIVACY POLICY
Psychological services in Victoria are bound by the Commonwealth Privacy Act 1988 and the Health Records Act 2001 (VIC). This legislation governs the handling, storage, access and correction of personal health information. The staff and mental health practitioners at Fernhills Clinic have systems in place to ensure that your privacy is respected and protected in accordance with the law.
Our Privacy Policy applies to our website, www.fernhillsclinic.com which is operated by us, and to the products and services provided by us.
Collection
We and our practitioners (psychologists and mental health social workers) collect personal information to arrange appointments, deliver counselling services, and communicate with you. This information may be gathered through client consent forms, our website, or during consultations.
We collect personal information when you inquire via phone, email, or our online form, book appointments, visit our practice, or interact with us in other ways.
Additionally, we obtain information from third-party service providers who assist us, such as practitioners, or who invoice us for services.
The type of personal information collected depends on your role (client or third-party provider) and may include your name, address, email, date of birth, Medicare details, billing information, and appointment details. If you do not provide all requested information, our practitioners may be unable to deliver counselling services.
Type and Purpose Information Gathered
Over the course of treatment at Fernhills Clinic, your practitioner will seek personal information from you so that informed decisions can be made regarding your assessment and treatment. This information will include basic demographic data (e.g. name, date of birth, address, etc), as well as other information deemed relevant to your treatment. The information is gathered and stored in a confidential file. The type of information contained in this file is likely to include:
- The nature of the problem for which you are presenting
- A history of the presenting problem and/or your mental health history
- The results of any psychological testing that has been conducted
- Ongoing notes related to your treatment progress
You should also be aware that your file may also contain documents from other parties involved with your treatment such as referral information from your GP. Practitioners are also often required to provide brief reports to referring third parties. Copies of such reports are also kept on file. For example, under the Medicare ‘Better Access’ system, practitioners must send the referring GP a progress report after each course of treatment. It is recommended that you clarify with your practitioner what his/her reporting requirements are in relation to your specific treatment course.
Your personal information will only be used only for the purpose it was collected. We will not disclose, sell, share, or trade your personal information without your consent.
Professional Supervision
Psychologists & Mental Health Social Workers have an ethical responsibility to reflect on their counselling practice. As part of their professinal reflection, they may discuss their work with you with their professional supervisor. In such instances, content presented is de-identified.
Storage of Information
Physical format / Manual files
Current or open physical format or manual files (i.e., paper files) are stored within locked cabinets located on the Fernhills Clinic premises. Closed or non current files are stored off the Fernhills Clinic premises by your individual treating practitioner.
Only your treating practitioner has access to your file. Only basic demographic information (e.g., name, phone number) and referral information that is provided to the clinic at intake is held on the clinic database. Only authorised users have access to this database.
Please note that your treatment "clinical" notes if entered into the database are restricted to your practitioner access only.
Electronic Files
In lieu of manual files, some practitioners use electronic files that are stored on a computer or within a secure client database. Such computers are non-networked, meaning that only your treating practitioner has access to the files on that computer.
Security measures available to protect electronic files from interference include the use of encrypted hardware/software and multiple password protection. It is important for you to clarify with your psychologist what specific security measures they have in place to protect your information.
Time Frame of Storage
Practitioners keep records for a minimum of seven years since the last client contact. After this time they have the right to destroy the information in a confidential manner.
In the case of records collected while the client was less than 18 years old, practitioners retain the records at least until the client attains the age of 25 years.
Limitations to Confidentiality
Generally, all information gathered over the course of treatment remains confidential. However, there are exceptional circumstances wherein a practitioner may be compelled by legal and ethical obligations to disclose your personal information to a third party. These instances are;
1. When clients pose a danger to others or themselves.
2. The client is under the age of 16 and is a victim of abuse.
3. Information is made an issue in a court action or legal act (e.g., Medicare audit).
4. The client signs a consent form allowing their personal information to be released to a specific third party (e.g., insurer, school).
5. To assist in the location of a missing person.
6. The client discloses identifying information about a major crime.
7. Child safety concerns. If we are worried about the wellbeing of a child. As mandated reporters, we must follow the Victorian Child Information Sharing Scheme (CISS) and the Family Violence Information Sharing Scheme (FVIS).
Access to Client Information
At any stage, you as a client or former client are entitled to request access to/correction of the information about you kept on file. Your request must be made in writing/email to your practitioner and should be specific as to the exact nature of the information required.
Your request should be acknowledged, in writing, by your practitioner within 14 days.
If practitioners charge clients to gain access to their information, the charge must not be excessive and must not apply to the lodging of the request (e.g, a photocopying/postage fee is permissible).
Please note you will not be permitted to remove a file from the premises. The practitioner may discuss with you appropriate forms of access.
Under the current Privacy Act (Cth 1988), there are instances where a practitioner is permitted to refuse clients access to/correction of their personal information.
Where there are grounds for refusal, practitioners must provide in writing the reasons for the refusal and the mechanisms available to complain about the refusal.
If practitioners correct a client’s personal information that has been previously disclosed to another entity, they must take reasonable steps to notify the other entity of the correction if this has been requested by the client.
Data Security & Quality
We are committed to protecting your personal information from misuse, loss, and unauthorised access. We also strive to ensure that the information we collect, use, and disclose is accurate, complete, and up-to-date.
Protection Measures:
We implement reasonable physical, technical, and administrative safeguards to protect your personal information. This includes:
• Password Protection: Using strong passwords to limit access.
• Encryption: Encrypting sensitive data to keep it secure.
• SSL: Utilising Secure Socket Layer (SSL) technology to secure our website and protect your information during online transactions.
• Your personal information may be stored electronically in secure third-party data centres, which may be located outside of the country, or in physical storage at our premises or other secure facilities.
Social Media Services
When you communicate with us through a social media service such as Facebook or Instagram, the social network provider and its partners may collect and hold your Personal Information overseas.
Third-party websites
At times, our Site may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
Authorised Third Parties
Fernhills Clinic uses a limited number of hand-picked and trusted vendors (sub-processors) to access and store Personal Information. Each of these providers has been vetted to ensure they meet the highest international standards of transparency, security and stewardship when it comes to protecting your data.
The storage of Personal Information through these providers is subject to the Privacy Policies of these entities.
Maintaining Accuracy:
• To help us keep your information accurate, please provide your correct details when you share your information with us. If you believe any information we have is inaccurate, incomplete, or outdated, please notify us. We will take reasonable steps to correct it.
Information Retention:
• We will destroy or permanently de-identify your personal information when it is no longer needed for any purpose for which it was collected or disclosed. However, we may retain and use de-identified information for analytical purposes.
Data Breach Notification Scheme
If we suspect that a data breach may have occurred, we will conduct a thorough assessment in accordance with the Notifiable Data Breach Scheme.
Should we confirm an eligible data breach, we will notify you as soon as reasonably practicable, providing details about the breach and any recommended steps you may take
Complaints Process
We value your feedback, so please contact our friendly reception team to discuss any issues you may have encountered when accessing a service at Fernhills Clinic. We appreciate the opportunity to remedy a situation for you, where we can.
Fernhills Client Complaint Procedure is available on request from our reception team for complaints relating to your practitioner’s conduct or that of any other Fernhills Clinic staff member, that cannot be resolved through discussion with our reception staff.
Should you consider either that your confidentiality has been breached or a request for access/correction has been unfairly denied, you may lodge a complaint with the Office of the Health Complaints Commission or AHPRA.
Employment & Contractor Applications
Employment & Contractor applications and resumes collected by us are safely and securely stored and only used for the purposes for which they were collected.
Changes to the Privacy Policy
This Privacy Policy is part of the agreement between you and us, whether you’re a client or a third-party service provider.
We may update this Privacy Policy at any time, either in full or in part, at our discretion.
What You Need to Know:
• Any changes will take effect immediately when we post the updated Privacy Policy on our website, www.fernhillsclinic.com.
• Depending on the change, we may notify you through our homepage or via email (if we have your email address).
• By continuing to use our website or services after any changes, you agree to the updated Privacy Policy. If you do not agree with the changes, please stop using the website and let us know immediately before continuing to use our counselling services.
Contact Us
If you have questions about this Privacy Policy or need to:
• Access your personal information
• Correct or update your details
• Raise any privacy concerns
Please reach out to us at admin@fernhillsclinic.com.
For more information about your privacy rights, visit:
Office of the Australian Information Commission (OAIC) - Privacy Rights.
For details on the Health Records Act, check these links:
Terms of Use
By accessing and using the Fernhills Clinic website, social media pages, or engaging with us in any form of communication (including email), you agree to comply with and be bound by the following terms and conditions. These terms, together with our Privacy Policy and Website Disclaimer, govern your relationship with Fernhills Clinic.
In these Terms of Use, the terms "Us," "Our," and "We" refer to Fernhills Clinic, and the terms "You" and "Your" refer to the client, visitor, or user of the website.
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Acceptance of Terms
By accessing our website or social media pages, or communicating with us, you confirm that you accept these terms and conditions. We advise you to review these terms regularly as they may be updated periodically.
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Amendments
We may update, modify, or remove sections of these terms at any time, at our sole discretion. We recommend that you review these terms before each use of the website. By continuing to use our website after such updates, you acknowledge your agreement to the revised terms.
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Limitation of Liability
The content provided on the Fernhills Clinic website and social media pages is for informational purposes only and should not be substituted for professional psychological or mental health support.
By using our website and services, you agree that Fernhills Clinic is not liable for any loss, damage, or harm you may experience in connection with the use of our website or any external links, advertisements, or third-party content. Your use of any information on our website is at your own risk.
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Third-Party Websites & Content
Our website may include links to third-party websites, advertisements, or content provided for your convenience. However, Fernhills Clinic does not endorse, sponsor, or take responsibility for the content or services on any external websites. We are not liable for any information or advice provided by third parties featured on our site.
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Social Media Usage
Our social media pages are intended for informational purposes and to foster healthy discussions on mental health topics. We sporadically monitor our social media pages during business hours (9am to 5pm, Monday to Friday). Posts outside of these hours may not be reviewed or moderated until the next business day.
We reserve the right to remove posts that:
• May offend other readers
• Discuss harmful topics (e.g., suicide or self-harm)
• Present inaccurate health advice
• Are discriminatory or harmful
• Promote commercial interests or advertisements
• Are defamatory or offensive in nature
Fernhills Clinic’s social media platforms are not intended for crisis intervention.
For immediate support, please contact Lifeline at 13 11 14, or dial 000 in case of an emergency. We may report concerning posts to the relevant authorities.
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Disclaimer
While we make every effort to ensure the accuracy and reliability of the information provided on our website, we do not guarantee that our content is error-free or free from viruses or other harmful components.
By using our website, you assume responsibility for any risks associated with using the content or services provided. Fernhills Clinic is not responsible for any damages resulting from errors or inaccuracies.
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Images and Illustrations
The images, videos, and animations on our website are for illustrative purposes only. They may not accurately reflect the specific services or professionals provided. You acknowledge that you will not seek compensation or raise grievances due to these factors.
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Feedback and Grievances
If you have feedback or concerns regarding our services, please first attempt to resolve the issue directly with the practice manager. Publicly sharing grievances or contacting external entities without prior consultation with Fernhills Clinic may result in you being held responsible for any costs or compensation incurred.
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Communication
Emails and other forms of communication with Fernhills Clinic are confidential and intended solely for the recipient. You agree not to reproduce or share any communication without prior consent. In case of a mistaken email, please notify us and delete it from your system.
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Exclusion of Competitors
If you are in the business of providing similar services or documents for a fee, you are considered a competitor of Fernhills Clinic. Unauthorised access to our website or materials will result in you being held liable for any losses or profits derived from such access.
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Copyright, Trademark, and Restrictions
All materials on this website, including but not limited to design, graphics, trademarks, and content, are owned or licensed by Fernhills Clinic. You are prohibited from reproducing, distributing, or using any content on this website for commercial purposes without prior written consent from Fernhills Clinic.
You may print or download content for personal use, but any commercial exploitation of this material is strictly prohibited. We reserve the right to take legal action against any violation of our copyright and trademark rights.
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Limitations
You acknowledge that the effectiveness of our services depends on the information you provide. Fernhills Clinic is not responsible for any consequences resulting from decisions based on the services or recommendations provided. All content on our website is for informational purposes and should not be considered as personalised advice.
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Jurisdiction
These Terms of Use are governed by the laws of Victoria, Australia. Any disputes between you and Fernhills Clinic shall be resolved under the jurisdiction of the courts of Victoria, Melbourne, Australia.
Client Rights & Consent
New clients to Fernhills Clinic will be provided with a Client Contract- Service Agreement. This contract outlines clinic policies & procedures, practitioner code of conduct & ethics, client rights & responsibilities and consent. The consent includes a:
- Declaration that you have been given the opportunity to read and ask questions about the agreement.
- Acknowledges that you understand the principles and limits of confidentiality, including the circumstances under which your information may be disclosed.
- Consents to the use of secure Telehealth platform for video or phone consultations if you choose to engage in sessions remotely.
- Acknowledges that you understand that the consent is valid for 12 months and that it can be withdrawn at any time.
- Consent will be renewed every 12 months.
- Acknowledges that you understand that you will be notified of any significant changes to clinic policies or procedures.