Spiritus Counselling and Education Services is committed to ensuring appropriate privacy and maintenance of confidentiality in matters relating to the information which you share with us as a client of our service.

The level of protection of information will be dependent upon the service type you are receiving. However, in general, the information which you provide is protected, unless during the course of service you indicate that you are intending to, or have, harmed another person (especially a child) or yourself.

In order to provide you with a service, there is usually basic information which you must agree to being held by us in order to receive the service. That information may include:

• Your name
• Your address or suburb
• Your date of birth or current age
• Your contact phone number or valid email address
• and ongoing details of the service provided to you

We undertake to not share this information with anyone else, except where required by law or as a condition of funding for your service.

You have the right to withdraw your consent to us holding this information at any time, however a consequence of your exercising this right is that we may not be able to provide you with a continuation of service.

All information regarding you and your service is held securely both in electronic and paper based format. Access to your information is closely monitored and resitricted only to those persons who are involved in providing you with a service.

Upon completion of your service, your records are held in restricted archives for a period of seven years, after which they are securely destroyed.

In addition to this, the protection of information will vary according to the specific service you are receiving from us - the most notable exceptions are described below.

If you are unsure of your confidentiality or privacy rights, please speak to your counsellor or any member of our administration staff.

Family Law Act 1975 (FRSP)

All services provided under the Family Relationship Services Program are protected under the Commonwealth Family Law Act. This means that all and anything which you share with a counsellor cannot be revealed by us except under the following circumstances:

• it is evident that a crime and/or abuse against a child is or will be committed
• it is evident that harm to self or another is or will be committed
• a subpoena is issued by a Family Law Court judge/magistrate for the records to be viewed by that Family Law Court judge/magistrate only (excludes subpoena by other interested parties)
• a subpoena is issued by a Court-appointed solicitor to represent the interests of a child and only to those records directly relating to statements by the children.

In all other instances no-one not directly related to your service provision can access your records, including yourself. Under the Family Law Act we are able to provide service recipients with statements of attendance as it directly relates to you, but not to any other party. Receipt and continuance of service under the FRSP program is taken as an agreement to these conditions.

National Privacy Principles

All other services are provided under the protection of the Commonwealth Privacy Act 1988. Under the Act, Spiritus Counselling and Education Services is able to provide limited confidentiality. We are required to provide information where:

• it is evident that a crime and/or abuse against a child is being or will be committed
• it is evident that harm to self or another is being or will be committed
• it is revealed that a criminal act under the Commonwealth or State law has been or is intended to be committed
• records are requested by subpoena, Court Order, Search Order
• information is requested per condition of original service entry (for example: fee for service)
• information is required to attain referral to another service

You have a right to information held in your file, but not to any third party or exempt party, in accordance with policy and procedure under the Act.

In all instances you will be advised of the request for information before such information is released.