Privacy

 

Privacy Policy for First Counselling

Last updated: 2026

1. Introduction

First Counselling ABN 90842593733 is committed to protecting your privacy and respecting your personal and health information.

We comply with:

  • The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)

  • The Health Records and Information Privacy Act 2002 (NSW) and the 15 Health Privacy Principles (HPPs) it contains

  • All relevant professional obligations under the Australian Health Practitioner Regulation Agency (AHPRA) and the Psychology Board of Australia

This policy explains how and why we collect, use, disclose, store, and handle your information, and outlines your rights to access and correct it.

2. What Information Do We Collect?

We collect information necessary to provide you with safe, effective, and personalised counselling services. This may include:

Personal Information:

  • Full name, date of birth, and gender

  • Address, phone number, and email address

  • Emergency contact details

  • Medicare number, concession card details, or health fund membership (if applicable for rebates)

Sensitive & Health Information:
As a counselling service, we collect health information, which is afforded additional protections under the NSW HRIP Act. This includes:

  • Your reasons for seeking counselling and relevant personal history

  • Mental and physical health history

  • Notes from your counselling sessions

  • GP details and referrals (e.g., Mental Health Care Plan)

  • Information from other health practitioners involved in your care (with your consent)

3. How Do We Collect Your Information?

We only collect information that is directly related to our counselling activities and necessary for that purpose .

We collect information in the following ways:

  • Directly from you: Via intake forms, during initial consultations, and throughout our sessions together

  • From your health practitioners: From your GP, psychiatrist, or other allied health professionals, but only with your written or verbal consent

  • From third parties: From family members or carers, but only with your consent or where you have provided their details for this purpose

  • Via our website: When you use our contact form, we collect the information you provide. Our website may also use cookies and tools like Google Analytics to collect anonymised data about website usage to help us improve our site

Where lawful and practicable, you have the right to receive services anonymously or by using a pseudonym. However, given the nature of counselling and the need for continuity of care, this may limit our ability to provide you with full services .

4. Why Do We Collect, Use, and Disclose Your Information?

Your information is collected and used primarily to provide you with counselling services. The primary purposes include:

  • To provide counselling and psychological services: To assess your needs, develop a treatment plan, and provide appropriate therapeutic support

  • To manage our practice: For administrative purposes such as scheduling appointments, billing, and processing payments

  • To coordinate care with other providers: To liaise with your GP or other healthcare professionals involved in your treatment, but only with your consent

  • For quality improvement and training: Your de-identified information may be used for clinical supervision (where your psychologist discusses their work with a senior colleague to ensure quality of care) or to improve our services

  • To comply with legal obligations: Such as mandatory reporting or responding to a court order (see Section 6)

We will not use your personal or health information for secondary purposes such as marketing, fundraising, or research without your express consent.

5. Confidentiality

Confidentiality is the cornerstone of our therapeutic relationship. All personal and health information you share with us remains strictly confidential.

6. Limits of Confidentiality: When Information May Be Disclosed

There are important legal and ethical exceptions where we may be required to disclose your information without your consent. These exceptions are recognised under both federal and NSW privacy laws :

  1. Imminent Risk of Harm: If there is a serious and imminent threat of harm to you or another person, we have a duty of care to disclose relevant information to appropriate authorities (e.g., police, hospital, or a family member) to ensure safety

  2. Mandatory Reporting of Child Abuse or Neglect: If we suspect on reasonable grounds that a child or young person is at risk of significant harm (physical, sexual, or emotional abuse/neglect), we are legally required to report this to the NSW Department of Communities and Justice. This overrides client confidentiality

  3. Legal Obligations: If your file is subpoenaed by a court or tribunal, or if we are otherwise required by law to produce documents, we must comply

  4. Colleague Misconduct: Psychologists are required to report to AHPRA if they have a reasonable belief that another registered health practitioner has practised while impaired, engaged in sexual misconduct, or significantly departed from professional standards

  5. To Comply with Laws: Such as providing information to Medicare or the NDIS for lawful auditing and compliance purposes

  6. Research: In limited circumstances, de-identified health information may be used for research, but only with approval from a Human Research Ethics Committee and in accordance with NSW guidelines

Where possible and safe to do so, we will always endeavour to discuss any proposed disclosure with you first.

7. Disclosure of Information to Other Professionals

We will only share your information with other professionals (e.g., your GP, psychiatrist, or a referring doctor) with your explicit written or verbal consent. For example, if you are referred under a Mental Health Care Plan, we are required to provide a brief progress update to your GP.

8. Data Storage and Security

We take reasonable steps to protect your personal and health information from misuse, interference, loss, and unauthorised access, modification, or disclosure, as required under the NSW HRIP Act .

  • Electronic Records: Your information is stored securely in encrypted practice management software with password-protected access, limited to authorised staff

  • Physical Records: Any physical documents are kept in locked filing cabinets in a secure premise

  • Staff Obligations: All staff and contractors are bound by confidentiality agreements

9. Retention and Destruction of Records

We are required by law to retain your clinical records for specific periods:

  • For adult clients: Records must be kept for 7 years from the last date of service (in line with AHPRA guidelines and NSW regulations)

  • For clients under 18 at the time of the last session: Records must be kept until they turn 25 years of age

After this mandatory retention period, records are destroyed in a secure and confidential manner.

10. Accessing and Correcting Your Information

Under both federal and NSW privacy laws, you have the right to request access to the personal and health information we hold about you, and to request its correction if you believe it is inaccurate, out-of-date, incomplete, irrelevant, or misleading .

  • How to Request Access: Please make your request in writing to [Insert Email/Address]

  • Timeframe: We will respond to your request within 30 days (or sooner if practicable)

  • Fees: While there is no fee for lodging the request, a reasonable administrative fee may be charged for the time and cost of preparing the information for you (e.g., printing, copying, postage, or clinician time for summarising). You will be advised of any fee before it is incurred

  • Providing Access: Access may be provided by way of a summary, a supervised viewing of the file, or copies of documents

  • Refusal of Access: In some limited circumstances, access may be denied (e.g., if it poses a serious threat to the life or health of you or another person, or would unreasonably impact another person's privacy). If access is denied, we will provide you with a written explanation citing the relevant exception under the HRIP Act

11. Telehealth

If we engage in telehealth sessions (video or phone), the same confidentiality and privacy standards apply as for in-person sessions.

We use secure, encrypted platforms to protect your privacy. However, you should be aware that no online platform can guarantee 100% security. You are responsible for ensuring you are in a private location and using a secure internet connection for your sessions.

12. Complaints and Enquiries

If you have any questions about this privacy policy, or if you wish to make a complaint about a breach of your privacy, please contact us:

Privacy Officer
First Counselling
Clarence Valley NNSW
info@FirstCounselling.com.au
0411380163

Process:

  1. We will acknowledge your complaint in writing within 7 days

  2. We will investigate and provide a formal response within a reasonable timeframe (usually 30 days)

If you are unsatisfied with our response, you have the right to escalate your complaint to:

Office of the Australian Information Commissioner (OAIC)

  • Website: www.oaic.gov.au

  • Phone: 1300 363 992

  • Mail: GPO Box 5218, Sydney NSW 2001

NSW Privacy Commissioner / Information and Privacy Commission (IPC)

13. Updates to This Policy

This policy may be updated from time to time to reflect changes in our practice or legal requirements. The most current version will always be available on our website. We encourage you to review it periodically.