Rights and Responsibilities

Home > About Us > Rights and Responsibilities

Confidentially, Personal Information Collection and Your Rights and Responsibilities

Positive Solutions is committed to treating all clients with dignity, respect and fairness. We aim to provide services in a safe, inclusive and supportive environment for clients, staff, volunteers and community members.

We balance each client’s wellbeing and access to services with our responsibility to protect the health, safety and wellbeing of everyone involved in the delivery of care and support.

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.

Our Privacy and Confidentiality Policy which explains the collection of personal and sensitive data, how we collect, hold, use and disclose your personal information. Positive Solutions Privacy Policy External Policy Summary is available here.

Your rights and responsibilities as a client of Positive Solutions are outlined below.

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

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.

Your Rights

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

• be treated with dignity, respect, courtesy and professionalism, regardless of race, ethnicity, culture, gender, sexual orientation, religion, personal beliefs, age, disability or financial circumstances;
• have your privacy and confidentiality respected, and have your personal information managed in accordance with relevant privacy laws and organisational policies;
• participate in services in a safe, inclusive and supportive environment;
• choose whether to engage with our services and make informed decisions about your participation;
• receive services in a timely manner, with reasonable efforts made to arrange alternatives if appointments need to change;
• receive your practitioner’s full attention during sessions, with interruptions kept to a minimum wherever possible;
• receive accurate, relevant and timely information about our services and your engagement with Positive Solutions;
• request to transfer to another Positive Solutions practitioner where appropriate and subject to service availability;
• request the presence of a support person, partner or advocate where appropriate. In joint mediation matters, this may be subject to the agreement of all parties involved;
• withdraw from services or discontinue engagement with Positive Solutions at any time, subject to any legal, contractual or program requirements; and
• provide feedback, raise concerns or make a complaint about any aspect of the service you have received, and have the matter handled respectfully, confidentially and without adverse impact on your ongoing engagement with Positive Solutions;

Your Responsibilities

As a client of Positive Solutions, you are responsible for:

• treating Positive Solutions staff, practitioners, administration staff, other clients and visitors with courtesy and respect;
• communicating in a calm and appropriate manner and not engaging in behaviour that is abusive, threatening, intimidating, discriminatory, harassing, aggressive, violent, disruptive, unsafe or otherwise inappropriate;
• respecting Positive Solutions’ resources and property;
• respecting the privacy and confidentiality of other clients and participants;
• following reasonable directions provided by staff about safety, service delivery and organisational procedures;
• maintaining appropriate professional boundaries with staff and service providers;
• attending services in a fit state and not under the influence of drugs or alcohol;
• not attending onsite if you have symptoms of an infectious illness or disease;
• fully participating in your session, including turning off mobile devices where appropriate;
• not enabling artificial intelligence tools, recording devices, transcription apps or summary apps during sessions;
• not recording, transcribing, livestreaming, photographing, screen capturing or otherwise capturing any part of a session without the prior knowledge and consent of all participants and Positive Solutions;
• providing accurate information about yourself and your situation so we can provide appropriate care and service;
• keeping your scheduled appointment time and notifying us as soon as practicable if you need to cancel. A cancellation fee may apply if less than 24 hours’ notice is provided. Cancellation fees will be incurred as per our Cancellation Policy.; and
• paying your invoice at the time of attendance where applicable or discussing financial hardship with your Positive Solutions worker.

Unacceptable Behaviour

The following behaviours will not be tolerated:

• verbal abuse, harassment, intimidation, threats or discriminatory conduct;
• physical violence, aggressive behaviour or damage to property;
• bullying, stalking or repeated unwanted contact with staff, volunteers or other clients;
• possession of weapons or dangerous items on Positive Solutions premises;
• recording conversations, meetings, counselling sessions, mediation sessions or staff interactions without the knowledge and consent of all participants; or
• any behaviour that places the safety, wellbeing or dignity of others at risk.

How we may respond to unacceptable behaviour

Positive Solutions recognises that clients may be experiencing stress, conflict, trauma or other challenges that can affect behaviour. Where appropriate and safe, behavioural concerns will be addressed in a supportive, respectful and trauma-informed way.

Where behaviour is inappropriate, disruptive, unsafe or inconsistent with these expectations, Positive Solutions may take one or more actions, including:

• discussing the behaviour and clarifying expected standards;
• providing a verbal or written warning;
• developing an agreed behaviour management plan or setting conditions for ongoing service delivery;
• modifying the way services are delivered, including telephone, online or alternative appointment arrangements where appropriate;
• suspending or ending a session where behaviour affects the safety, wellbeing or participation of others;
• requiring a client to leave the premises if behaviour poses a risk to any person or property;
• restricting access to specific services, programs or locations;
• temporarily suspending services;
• referring the client to another suitable service provider where appropriate;
• permanently withdrawing services where behaviour is repeated, ongoing, significantly disruptive or poses a risk to safety and wellbeing; or
• contacting emergency services or law enforcement where there is an immediate threat to safety or unlawful behaviour has occurred.

Refusal, suspension or discontinuation of services

Positive Solutions may refuse to provide, suspend or discontinue services where, after assessment and appropriate consultation, it is determined that service delivery is unsafe, unsuitable or inappropriate.

This may include situations where a client presents a risk to the safety, wellbeing or dignity of staff, contractors, volunteers, students, other clients or visitors; is acting in bad faith; cannot appropriately be assisted because the service is unsuitable to their needs; has already received appropriate services; has misused the service or complaints process; or has engaged in conduct that makes the service inappropriate.

Before refusing, suspending or discontinuing services, Positive Solutions will consider relevant screening, assessment and risk-management information, consult with relevant staff, consider reasonable adjustments or risk controls, communicate decisions respectfully where appropriate, provide referral options where appropriate, and keep a record of the decision and reasons.

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 your complaint is in relation to a Positive Solutions service delivery process for Family Dispute Resolution or Family Law Counselling (and not the conduct of a Practitioner/Counsellor) and you are not satisfied with the outcome of Positive Solutions’ investigation or resolution, report the matter Attorney-General’s Department’s Family Law Team, ph 02 6141 6666, email: [email protected].