The collection of personal information is necessary for us to provide you with the best possible service now and in the future.

Positive Solutions complies with the Privacy Act 1988 (Cth) and upholds the Australian Privacy Principles in collecting, maintaining and storing personal information in a private and secure manner.

This page explains:

• Client confidentiality;
• The type of personal information we need to collect from you, why we need to collect it and how it will be used.
• Your rights and responsibilities as a client of Positive Solutions.

If you have any further questions about this information, please discuss with a Positive Solutions staff member.

Confidentiality

Confidentiality allows a client to feel safe and ensure their privacy is maintained. Our practitioners adhere to a Conduct of Conduct and Ethical Guidelines and will uphold these standards. Clients can feel comfortable disclosing to Positive Solutions’ members as privacy extends to not only include what is discussed during sessions, but also the personal information of the client collected during the intake process.

Positive Solutions’ has numerous measures in place to protect client’s personal information guided by the Australian National Privacy Principles and complies with the Privacy Act 1988 (Cth). For Family Dispute Resolution Services and Family Law Counselling Services, Positive Solutions has further obligations under the Family Law Act 1975.

Practitioners will not willingly disclose information you have given, but there are instances when we are bound by law to report information given to us.  These include:

• You have provided written consent for the disclosure;
• If required by Australian law or a court subpoena*;
• Deal with a serious or imminent threat to any person’s health or safety and/or to public health and safety;
• Is the subject of a search warrant; or
• Where there is suspected child abuse.

Positive Solutions adopts a team approach to cases, so your practitioner may discuss your case with colleagues or supervisors to design new strategies to assist you.

For a copy of our Privacy and Confidentiality Policy please contact the Client Services Team.

* As per the Family Law Act 1975, sections 10H and 10J, all communications, verbal and/or written, made in the course of providing family dispute resolution services and family law counselling are inadmissible (not able to be used) in any court or proceedings.

Reports

Positive Solutions does not provide reports for any service other than:

• Workers Compensation, being for the insurer.
• Mental Health Care Plans, being to the referring GP.

For mediation services, including workplace and family mediation, copies of agreements will be provided.

What sort of information do we collect?

We only collect personal information that is necessary for Positive Solutions to provide you with its services and to perform its functions. Some of this information will be sensitive i.e. reasons for seeking assistance.

Who will have access to the information and how long will it be kept?

• Your personal and sensitive information will be kept in a secure location to prevent unauthorised access.
• Information kept electronically will be protected by passwords and other security measures. The information will only be made accessible to those persons within Positive Solutions who reasonably need the information in order to provide you with the services you require and to perform Positive Solutions’ functions.
• Generic and demographic information will be stored for as long as is deemed necessary for its purposes and will be permanently destroyed once it is no longer needed.
• Upon completion of your service your records will be held in restricted archives for a period of seven years, after which time they will be securely and permanently destroyed. If clients are under the age of 18, records will be held until the client has turned 25.

How will the information be used?

The information will be used to:

• Assess your needs and provide you with the services you require.
• Determine invoicing requirements, if applicable, to the service/s you are accessing.
• Evaluate the service/s being provided to you.
• To provide statistical reporting using de-identified, aggregated data.

Online National Data Collection – Family Dispute Resolution Services and Family Law Counselling Services

These services are partially funded by the Commonwealth Government under the Attorney-General’s Department (AGD) and/or the Department of Social Services (DSS).

As part of our funding agreement, the Commonwealth Government requires us to enter data into the Data Exchange system (DEX). This data assists DSS and AGD gather information on whether our services are useful and helpful. Your participation in DEX is very important. It is also voluntary.

It is important to note that DSS, AGD and contracted service providers are bound to protect the privacy of individuals under the Privacy Act 1988 (Cth).

If you give your consent, details provided by you will be entered into DEX.

To protect your privacy we will create a unique code from the answers you provide on this form so that your information can be used in a way that DOES NOT identify you. DSS, AGD and agencies engaged to conduct research or evaluation will be required to use a unique code as it may be possible to link all the services that a person has received without being able to identify the person.

Your information will be used by DSS and AGD for statistical and evaluation purposes only. No information will ever be published where you could be identified.

What if you do not provide us with the information?

Positive Solutions only collects the information necessary to provide you with the best possible service. Wherever practical, we will provide you with the choice as to whether you provide us with the information. However, a minimum amount of personal information will be necessary as without it we may not be able to provide a service.

How can you access your information and make changes if it is not accurate?

You have the right to ask to see your file at any time and amend anything that is inaccurate, incomplete or out of date. However, Positive Solutions is not always required to provide you with access to your personal information. Where the information may relate to existing and anticipated legal proceedings, where denying access is required or authorised by law, or where the request is regarded as frivolous or vexatious, you may be refused and told why.

You can lodge a request for your file by contacting:

The Operations Manager
Positive Solutions
165-167 Davey Street
Hobart, TAS, 7000

Email: [email protected]
Phone: 03 6223 5612

Your Rights

In addition to the above please remember that it is your right to:

• Ask to see another practitioner.
• Request to bring a partner or a friend with you for support. Please note that in joint mediations approval from other parties is required.
• Stop engagement with or contact with Positive Solutions at any time.
• If you agree to take part in future evaluation, provide consent to do so.
• Be treated in a professional, courteous and caring manner with dignity and respect regardless of race, ethnicity, gender, sexual orientation, religion, personal values, age, disability or financial status.
• All sessions being undertaken in a safe environment.
• The complete attention of your practitioner, we will endeavour to ensure interruptions during your session are avoided.

Your Responsibilities

Positive Solutions is committed to ensuring that our offices provide a safe environment for all individuals, including clients, staff and any other community member. As a client of Positive Solutions you have the responsibility to:

• Be respectful of others, including other clients of Positive Solutions and staff of Positive Solutions.
• Be respectful of Positive Solutions resources and property.
• Attend the service in a fit state (not under the influence of drugs and/or alcohol).
• Fully participate in your session to maximise the benefit of the session (turn off mobile phone/s).
• Maintain confidentiality regarding information about other clients or participants in programs provided by Positive Solutions.
• Provide accurate information about yourself and your situation to enable us to provide the best care and service we can.
• Keep your scheduled appointment time. If you need to cancel an appointment please do so as soon as you can. If an appointment is cancelled with less than 24 hours’ notice, cancellation fees will be incurred as per our Cancellation Policy.

To make a complaint

If you are having a problem with your practitioner or with Positive Solutions:

1. Talk to the person concerned.
2. Fill in our feedback form located here.
3. Contact the Operations Manager of Positive Solutions. If this is not suitable, contact the President of the Board at Positive Solutions.
4. If not satisfied, make a complaint to your organisation, which has contracted Positive Solutions on your behalf.
5. If you are still not satisfied, report the matter to the Office of Consumer Affairs, which deals with complaints against businesses, or the Health Complaints Ombudsman, or the Australian Health Practitioner’s Regulation Authority.
6. If you are still not satisfied, report the matter National Office Complaints Team at the Attorney-General’s Department, ph 02 6141 6666, email: [email protected]