Terms of the Agreement

(last update 22.08.2022)

 

1.0     PARTIES

1.1      Client is the party detailed in the Client Agreement and Signed Consent Form under ‘Client Details’.

1.2      Counsellor is Acua Pty. Ltd. (ABN 13 655 160 688).

 

2.0     CONFIDENTIALITY 

2.1      Counsellors treat with confidence any personal information about clients, whether obtained directly or by inference. This applies to all verbal, written, recorded, and mobile or computer stored material pertaining to the therapeutic context. Such records should be accurate and respectful of clients and colleagues. All records, whether in written or any other form, need to be protected with the strictest of confidence, taking into account the client’s legal rights under data protection legislation. 

2.2      Clients must not be observed by anyone other than their counsellors without having given informed consent.

2.3      Clients must not and do not have consent from any Acua practitioner or staff member to record any session or make any digital or other recording of a consultation, therapy session, telephone call or training.

2.4      The Counsellor reserves the right to and the client agrees and provides consent to the Counsellor to make records, take notes or make use of audio or visual or electronic transmission or recording.

2.5     Counsellors and supervisors are responsible for protecting the client's rights of confidentiality in the supervisory context by ensuring that shared information is disguised appropriately. 

2.6      Exceptional circumstances may arise which give the counsellor valid grounds for believing that the client will cause serious physical harm to others or themselves. In such circumstances, the breaking of confidentiality may be required, where possible with the client's permission, or after consultation with a counselling supervisor or senior practitioner. 

2.7      Any breaking of confidentiality should be minimized both by restricting the information conveyed to that which is pertinent to the immediate situation and by limiting it to those persons who can provide the help required by the client. It should be done in a manner that is respectful of the client’s capacity for self-determination as circumstances permit. 

2.8      Agreements about confidentiality continue after the client's death unless there are overriding legal considerations. 

2.9      Special care is required when using specific counselling situations for research, reports and publication. The author must have the client's informed consent should there be any possibility of identification of the client. 

2.10      The client declaration:

2.10.1      I have been informed of the scope of therapies provided and give my full consent to receiving therapy sessions. I understand that the results vary from person to person. I understand the counselling facilitation is completely reliant on the information supplied by me about my condition/s. I understand that therapy will be facilitated, but in no way implies or guarantees a ‘cure’ for any said issue/s or condition/s. 

2.10.2      I understand that therapy is not a replacement for medical treatment, psychological or psychiatric services.

2.10.3      I understand that any counsellor or consultant at Acua does not treat, prescribe or diagnose any conditions.

2.10.4      I declare that, if recommended by a Acua Counsellor, that I will consult with my General Practitioner or Hospital Consultant to seek assistance for my conditions.

2.10.5      I have been advised that I am free to terminate any or all sessions at any time. I have agreed to participate in each session to the best of my ability, and that contact between sessions will be limited to telephone, test/SMS, email or letter.  

2.10.6      I have accurately and truthfully answered the questions on the forms suppled and provided background information as requested. 

2.10.7      I understand that any MP3 download or CD provided by Acua is at the discretion of the counsellor. 

2.10.8      I agree that any such MP3 or CD is for my personal use only and that it should not be lent copied or sold under any circumstance. 

2.10.9      I understand and indemnify Acua for any facilitation of counselling and its impacts on me.

2.10.10    Confidentiality is paramount and will be maintained in all but the most exceptional circumstances. I agree that these can include legal action (criminal or civil court cases where a court order is made demanding disclosure, including coroners’ courts); child abuse; if I am in imminent danger to myself or others; and where there is a good cause to believe that not to disclose would cause danger or serious harm to others. Most standards of confidentiality applied in professional contexts are based on common law concept of confidentiality where the duty to keep confidence is measured against the concept of ‘greater good’. I understand the sharing of anonymous case histories with supervisors and peer-support groups is not a breach of professional confidentiality. I also understand the sharing of open case histories with supervisors and any referring medical practitioner is also not a breach.

 

3.0     FORCE MAJEURE

3.1      Neither party shall be liable for any act, omission or failure under this agreement if that act, omission or failure arises directly from an event beyond the reasonable control of the party concerned, provided that:

(a)        The party claiming protection of this clause shall, as soon as possible after becoming aware of such event or the likelihood of such event, give the other party written notice accordingly. Such notice shall describe the event and include the expected effect or duration of that event.

(b)        Each party shall continue to use all reasonable endeavours to perform its obligations as required under this agreement despite that event.

(c)        In any such event, neither party shall be deemed to have accepted any extra costs, which may be incurred or sustained by the other party through a delay resulting from that event.

(d)        If the event is of such magnitude or will be of such duration that it is either impractical or unreasonable, for a period of 60 working days or longer for the party claiming protection under this clause to comply with its obligations under this agreement, the other party may terminate this agreement by giving 10 working days notice.

 

4.0     GOOD FAITH

4.1      The parties shall act in good faith towards each other in respect of all dealings or matters under, or in connection with, this agreement.

4.2      The Client agrees to contribute in its entirety and honestly as the counselling is informed by the Clients information, direction, decisions and input.

4.3      The Client will indemnify the counsellor against any damages or claim made against or by the Client as a result of any use or implementation of the resulting counselling.

4.4      Due to the nature of engagement the counsellor is reliant on client information, direction, decision and input and therefore any resulting counselling does not constitute advice by the counsellor to the Client.

4.5      The Client accepts that any counselling is not Advice or Expert Opinion and will seek independent advice on the resulting counselling and its implementation.

 

5.0     GOVERNING LAW

5.1      This Agreement shall be deemed to be a contract made in Australia and its construction validity and performance shall be governed by Australian law. 

 

6.0     JURISDICTION

6.1        The parties irrevocably agree that the Courts of Victoria will have non-exclusive jurisdiction to hear and determine all claims under or in connection with this Agreement.