A Service Agreement is a contract between Eat Speak Learn (the Provider) and an individual (the Client).
Eat Speak Learn provides bespoke Allied Health Services and will recommend the best practice therapeutic support to achieve a client’s objectives.
Allied Health Services will be delivered in-clinic at Northpoint Plaza, 8 Chandler St Belconnen, ACT 2617 unless otherwise agreed with Eat Speak Learn. Mobile services are offered at the discretion of Eat Speak Learn in cases where mobile/alternative therapeutic services would significantly contribute to a client achieving their objectives.
Service agreements are created following an initial consultation at the Eat Speak Learn clinic and will generally include an assessment, which includes a therapy report and intervention sessions as per the Fee Schedule unless otherwise agreed by both parties. Up to 30 minutes of additional intervention time and/or follow up services may be billed per intervention session as part of an agreement. Follow up services will be itemised and invoiced following service delivery in addition to intervention sessions. Clients requiring Augmentative and Alternative Communication (AAC) supports will likely require additional assessment and implementation services before intervention commences.
Feedback, concerns and disputes
If a Client wishes to give Eat Speak Learn feedback or is not happy with the provision of supports and wishes to make a complaint, the Client should contact Eat, Speak Learn – Speech Pathology Services by phone 02 6156 2804, by email firstname.lastname@example.org, or in person at Northpoint Plaza, 8 Chandler Street, Belconnen, ACT, 2617.
Terms and Conditions – Service Agreements
In this Agreement:
“Agreement” means the Service Agreement between Eat Speak Learn and the Client set out in this document and, where a written proposal has been issued to the Client by Eat Speak Learn, includes that document also.
“Allied Health Practitioner” means the allied health care practitioners engaged by Eat Speak Learn to provide services to the Client from time to time.
“Candidate” means a person nominated for assessment by the Client.
“Client” means the entity to which the Services are provided under this Agreement (including NDIS Participants)
“Commencement Date” means the date on which Services are first provided to the Client under this Agreement.
“Confidential Information” means any information relating to a party that is designated as, or would reasonably be considered to be, confidential in nature.
“Force Majeure Event” means any cause beyond the control of a party including (without limitation) strikes, industrial action, floods, fires, accident, earthquake, riot, explosion, war, hostility, acts of government, military, civil or regulatory authority, change in any law or regulation, disruption or interruption to the supply of communications, internet, power or other utility.
“NDIS” means the National Disability Insurance Scheme
“Patient Records” means the records of patients or Candidates who receive medical treatment as part of the Services.
“Practitioners” means Allied Health Practitioners.
“Practitioner Services” means those services provided to the Client by Allied Health Practitioners and facilitated by Eat Speak Learn under this Agreement.
“Services” means the Services and Practitioner Services provided to the Client under this Agreement.
“Services Fee” means the services fees charged by Eat Speak Learn for provision of the Services, as reviewed from time-to-time in accordance with clause 4.6.
“Eat Speak Learn” means The Trustee for the ESL Trust trading as Eat Speak Learn – Speech Pathology Services (ABN 20914698440)
“Services” means the services provided directly to the Client by Eat Speak Learn under this Agreement.
“Term” means the period starting on the Commencement Date, and ending on the Termination Date.
“Termination Date” means the date on which the Agreement is terminated pursuant its provisions.
This Agreement will continue for the Term unless terminated earlier pursuant to its provisions. If Service delivery commences before this Agreement is signed, or continues after the expiry of any agreed fixed term, it will be deemed to be on the terms of this Agreement unless otherwise agreed.
Eat Speak Learn will provide the Services to the Client, and will facilitate the provision of the Practitioner Services to the Client, for the Term and on the terms of this Agreement.
3.2. Scope of Services
The Services set out in this Agreement are all of the Services to be provided by Eat Speak Learn. Any further services requested by the Client may be provided on terms (including costs) as may be agreed between the parties.
4.1. EAT SPEAK LEARN Services
a. The Client must pay any Services Fees in respect of Eat Speak Learn Services to Eat Speak Learn. Unless otherwise agreed in writing, Eat Speak Learn will charge the Client its standard rates for the provision of each Eat Speak Learn Service provided, as may be applicable at that time. Unless otherwise stated, these Services Fees are exclusive of GST.
b. Eat Speak Learn may charge (and the Client must pay) additional Services Fees when additional services are included in a Service Agreement as a Follow Up Activity.
4.2. Allied Health Services
Eat Speak Learn has been appointed by the Practitioners to invoice and collect all Services Fees payable by the Client for the Practitioner Services. Unless otherwise agreed in writing, Eat Speak Learn will charge the Client the standard rates for the provision of each Practitioner Service provided, as may be applicable at that time. Unless otherwise stated, these Services Fees are exclusive of GST.
4.3. Invoicing & GST
Eat Speak Learn will issue the Client with a valid tax invoice for the Services provided (plus applicable GST) during the relevant period. If the Client requires a purchase order or reference number (or similar) in respect of those Services, it must advise Eat Speak Learn of that number in advance at the time the Services are booked.
4.4. Payment Terms
The Client must pay Eat Speak Learn’s invoices within 7 days of the invoice date using the payment method advised by Eat Speak Learn from time-to-time. If the Client disputes any part of the invoice, it must pay the undisputed part within 30 days of the invoice date, and any disputed parts agreed or determined as due no more than 5 days after settlement of the dispute.
4.5. Set off
Eat Speak Learn may set off any amounts owed to Eat Speak Learn by the Client against any amounts payable by the Client to Eat Speak Learn under this Agreement, or any other agreement.
4.6. Review of Services Fee
Eat Speak Learn may review the Services Fee:
4.6.1. on 1 July each year;
4.6.2. at any time by giving the Client no less than 14 days’ notice; and
4.6.3. immediately when a new price guide is issued by the NDIS (for NDIS Participants only).
5. CANCELLATIONS & RESCHEDULES
5.1. Cancellation fees
If Services to be provided by Eat Speak Learn on a certain date (‘Service Date’) are cancelled by the Client:
5.1.1. less than twenty four hours before the Service Date, or the Services cannot be provided on the Service Date because the Candidate does not attend, Eat Speak Learn may charge a fee equal to 90% of the cost of the cancelled Services plus any travel undertaken; and
5.1.2. Cancellation fees may be waived upon provision of a medical certificate indicating the client was not able to attend on the Service Date due to health reasons.
5.2. Cancellation of group bookings
If the Client cancels a group booking Eat Speak Learn will not provide a refund for the cancelled Services. Any material provided at the group session will be made available to the client.
5.3. Debt recovery
If the Client does not pay Services Fees or any amounts due to Eat Speak Learn in accordance with this Agreement, Eat Speak Learn may pursue the payment of those debts, and the Client must pay Eat Speak Learn’s costs in doing so, including (without limitation) administrative, legal and court fees.
6. CLINICAL MATTERS
6.1. Patient Records
Title to all Patient Records created as part of the Services will vest on creation, and remain with, Eat Speak Learn.
6.2. Statement of Sovereignty
The Client acknowledges that each Practitioner may exercise its own professional judgment and discretion at any time, in respect of:
6.2.1. the Practitioner Services provided; and
6.2.2. the referral of patients by the Practitioner to specialists or to other Allied Health practitioners; 6.3. Independent Practitioner Services
Eat Speak Learn will coordinate the delivery of the Practitioner Services to the Client. Eat Speak Learn engages Practitioners to provide those services through a combination of employee and Independent Practitioner Services. Independent Practitioners are directly responsible for the Practitioner Services they provide to the Client, and Eat Speak Learn assumes no liability for those services.
7. WORKPLACE HEALTH & SAFETY
If the Services (or any part of them) are performed at the Client’s premises, or on sites controlled or managed by the Client, the Client must ensure that all it complies with all applicable Workplace Health and Safety laws and standards necessary to ensure a safe work environment for Eat Speak Learn’s employees, Practitioners and other representatives.
8. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations under this document as a result of a Force Majeure Event. The party affected by a Force Majeure Event must notify the other party as soon as practicable of any anticipated delay or impact on the delivery of the Services. The performance of the affected party’s obligations under this Agreement will be suspended for the period of the delay, and any deadlines will be extended accordingly.
9.1. Termination by Eat Speak Learn
Eat Speak Learn may either suspend or immediately terminate the Agreement by giving written notice to the Client on the happening of any of the following events:
9.1.1. the Client fails to pay the Service Fees in accordance with this Agreement;
9.1.2. the Client otherwise breaches this Agreement, and fails to remedy that breach within 14 days of receiving written notice from EAT SPEAK LEARN to do so; or
9.1.3. the Client is insolvent, or in the reasonable opinion of EAT SPEAK LEARN, is otherwise unable to pay its debts as they fall due.
9.2. Termination by the Client
The Client may terminate this Agreement immediately on written notice to Eat Speak Learn if Eat Speak Learn has breached this Agreement and fails to remedy that breach within 21 days of receiving written notice from the Client to do so.
9.3. Termination without cause
This Agreement may be terminated at any time and without cause by either party giving 30 days’ written notice to the other party.
9.4. No compensation
If a party terminates the Agreement in accordance with clause 9.3, neither party will be entitled to any compensation or damages from the other party in relation to that termination.
9.5. Survival of provisions
Termination of this Agreement will not affect those provisions of the Agreement expressed to operate or have effect after that time, and is without prejudice to any rights accrued by either party in respect of any breaches existing before termination.
10. NO POACHING
The Client must not, without Eat Speak Learn’s prior written consent, which may be refused in its absolute discretion, directly or indirectly solicit, employ or engage:
10.1.1. any Eat Speak Learn employee; or
10.1.2. any Practitioner engaged by Eat Speak Learn to provide the Services, for a period of 6 months from the date of termination of the Agreement.
10.2. Waiver or breach of non-poach
10.2.1. Eat Speak Learn agrees to the Client engaging or employing an Eat Speak Learn employee or Practitioner; or
10.2.2. the Client solicits, employs or engages a Eat Speak Learn employee or Practitioner without first obtaining Eat Speak Learn’s consent, the Client must pay a fee to Eat Speak Learn, which will be the greater of $20,000 (+ GST) or an amount equal to 22% of the employee or Practitioner’s gross annual salary or billings. This amount will be a debt due and payable to Eat Speak Learn on and from the time the employee or Practitioner accepts the Client’s offer.
Each party must:
11.1.1. keep any Confidential Information in respect of the other party secret and confidential, except to the extent that the party is required by law or a recognised stock exchange to disclose;
11.1.2. take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of any Confidential Information in respect of the other party; and
11.1.3. subject to clause 11.1.1, not disclose Confidential Information in respect of the other party to any third party without first obtaining the written consent of the other party.
11.2. No partnership
Nothing in this Agreement will be interpreted to constitute a relationship between the parties or their representatives as partners, joint operators or as employer/employee.
11.3. Consequential loss
Neither party will be liable to the other for loss of profits or any other indirect or consequential loss arising in connection with this Agreement.
11.4. Governing Law & Jurisdiction
The Agreement is governed by the laws of the Australian Capital Territory and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that Territory.
11.5. Changes to terms and conditions
Eat Speak Learn may to amend these terms and conditions by publishing an amended version of them on its website. The Client’s continued acceptance of Services will constitute acceptance of such changes.
Subject to clause 11.5, this Agreement can only be varied by written agreement between the parties.
The Client may not assign, novate, sub-licence or charge any of its rights or obligations under this Agreement without the prior written consent of Eat Speak Learn.
11.8. Costs and Expenses
Each party must pay its own costs and expenses relating to the preparation and execution of this Agreement.
Additional Terms and Conditions for NDIS Participants
A Service Agreement is made for the purpose of providing supports under the Participant’s National Disability Insurance Scheme (NDIS) plan.
The Parties agree that a Service Agreement is made in the context of the NDIS, which is a scheme that aims to:
· support the independence and social and economic participation of people with disability, and
· enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
A service agreement is between the Participant / Participants Representative and the Provider (Eat Speak Learn, ABN: 20 914 608 440, NDIS Provider Number 4050028474). The service agreement will be for the dates agreed by both parties. Any changes to a service agreement are to be agreed by both parties before being implemented.
Participant may also refer to the parent/guardian/carer or plan manager or any other party with the authorisation to manage the Plan on behalf of the Participant. The signatory of an agreement must be over 16 years old and will be the Participant. The Participant or the Participants Representative is responsible for the Participants contractual obligations of a Service Agreement as documented in the Service Agreement.
A Participant may also be referred to as a “Client” of Eat Speak Learn.
Schedule of supports
Eat Speak Learn agrees to provide the Participant the support item/s identified in their Plan, which fall under the advertised NDIS Registration Groups of:
· Early Childhood Supports
· Therapeutic Supports
· Assistive Equip-Recreation
· Comms & Info Equipment
Eat Speak Learn cannot provide support items under Agency & Plan Managed funding arrangements that do not fall into the Registration Groups listed above or that the Participant does not have listed in their plan. It is the responsibility of the Participant and/or the Participant’s Representative to ensure that the requested/advised services are within the Participants Plan. Eat Speak Learn can ensure compliance with a requirement if the Participant and/or the Participant’s Representative chooses to share their plan. If the Participant and/or the Participant’s Representative does not choose to share their plan and accepts supports outside of what the NDIS has approved, then it is the Participant and/or the Participant’s Representative responsibility to pay for any services received.
The supports and their prices are set out in the Fee Schedule. All prices are GST inclusive (if applicable) and include the cost of providing the supports. New agreements will be negotiated as required.
Additional expenses (i.e. things that are not included as part of a Participant’s NDIS supports) are the responsibility of the Participant and/or the Participant’s Representative and are not included in the cost of the supports. Examples include entrance fees, event tickets, food, etc.
Therapy services may include funding for the development and training of a therapy assistant.
Where multidisciplinary team intervention occurs, all service providers will claim individually against a single support item.
Therapy services are aimed at adjustment, adaption and building capacity for community participation. Eat Speak Learn provides bespoke speech pathology services and will recommend the best practice therapeutic support to achieve the Participants objectives. Should a Participant wish to opt for an alternative therapeutic strategy then Eat Speak Learn will work with the Participant and/or the Participant’s Representative as long as the alternative will still meet the Participants objectives and provides value for the NDIS.
Services will be delivered in clinic at Northpoint Plaza, 8 Chandler St Belconnen, ACT 2617 unless otherwise agreed with Eat Speak Learn. Mobile services are offered at the discretion of Eat Speak Learn in cases where mobile/alternative therapeutic supports would significantly contribute to the Participant achieving their objectives.
Service agreements are created following an initial consultation at the Eat Speak Learn clinic and will generally include an assessment, which includes an NDIS therapy report at the commencement of a plan and intervention sessions as per the Fee Schedule unless otherwise agreed by both parties. Up to 30 minutes of additional intervention time and/or follow up services may be billed per intervention session as part of an agreement. Follow up services will be itemised and invoiced following service delivery in addition to intervention sessions. Any additional follow-up services or assessments will require the approval of the Participant and/or the Participant’s Representative before they are conducted.
Clients requiring Augmentative and Alternative Communication (AAC) supports will likely require additional assessment and implementation services before intervention commences. The NDIS may also request plan review reports or other therapy reports from time to time.
Pricing is in line with the NDIS price guide for the supports listed. Any changes in NDIS pricing (up or down) will be reflected in Eat Speak Learns fee structure. Participants will be notified of any change in pricing. Unless otherwise agreed, Participants will be charged at the advertised rate.
Payment for services will only be made for services that have been delivered unless the NDIA has approved pre-payment. The Participant and/or the Participant’s Representative must ensure that funds are available for services provided, especially if the Participant and/or the Participant’s Representative is engaging multiple service providers. If funds are not available, then the Participant and/or the Participant’s Representative is responsible for payment including any debt recovery fees. Services may be suspended if there are outstanding payments.
All travel is claimable as per the NDIS pricing guide – https://www.ndis.gov.au/providers/pricing-and-payment. The guide stipulates that travel can be claimed at up to 30 minutes at the hourly rate of the support item with the option to charge an additional amount of up to 30 minutes for return visit for the last client of the day.
It is the responsibility of Participant and/or the Participant’s Representative to advise the Provider if the delivery of services is not satisfactory immediately following the provision of services or within a timeframe as agreed in writing between both parties. A failure to advise of any dissatisfaction implies that services have been delivered satisfactorily and approval is granted for the Provider to claim funding from the Participant and/or the Participant’s Representative for the agreed supports.
Agency-managed Participants are to ensure that the agreed funds are available for Eat Speak Learn to access directly following the provision of services through the NDIA provider portal. If the funds are not accessible within 5 business days of services being provided, then the Participant and/or the Participant’s Representative is responsible for the costs of services provided.
Changes to a Service Agreement
If changes to the supports or their delivery are required, the Parties agree to discuss and review the Service Agreement. The Parties agree that any changes to the Service Agreement will be in writing, signed, and dated by the Parties.
Responsibilities of Eat Speak Learn (Provider)
Eat Speak Learn agrees to:
· review the provision of supports at least 6 monthly with the Participant and/or the Participant’s Representative
· once agreed, provide supports that meet the Participant’s needs
· communicate openly and honestly in a timely manner
· treat the Participant and/or the Participant’s Representative with courtesy and respect
· consult the Participant and/or the Participant’s Representative on decisions about how supports are provided
· give the Participant and/or the Participant’s Representative information about managing any complaints or disagreements and details of the provider’s cancellation policy
· listen to the Participant and/or the Participant’s Representative ’s feedback and resolve problems quickly
· attempt to give the Participant and/or the Participant’s Representative a minimum of 24 hours’ notice if the Provider must change a scheduled appointment to provide supports
· give the Participant and/or the Participant’s Representative the required notice if the Provider needs to end the Service Agreement (see ‘Ending a Service Agreement’ below for more information)
· protect the Participant and/or the Participant’s Representative’s privacy and confidential information
· provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law; keep accurate records on the supports provided to the Participant and/or the Participant’s Representative.
Responsibilities of the Participant and/or the Participant’s Representative
The Participant and/or the Participant’s Representative’s agrees to:
· inform the Provider about how they wish the supports to be delivered to meet the Participant and/or the Participant’s Representative’s needs
· treat the Provider with courtesy and respect
· talk to the Provider if the Participant and/or the Participant’s Representative has any concerns about the supports being provided
· give the Provider notice if the Participant and/or the Participant’s Representative cannot make a scheduled appointment as per the Cancellation Policy
· give the Provider the required notice if the Participant and/or the Participant’s Representative needs to end the Service Agreement (see ‘Ending a Service Agreement’ below for more information)
· let the Provider know immediately if the Participant’s NDIS plan is suspended, in review or replaced by a new NDIS plan, if the Participant stops being a Participant in the NDIS or if NDIS funds have been used to capacity, and actively participate in the supports to be provided to ensure the best outcome for the Participant.
Ending a Service Agreement
Should either Party wish to end a Service Agreement they must give 28 days’ notice.
If either Party seriously breaches a Service Agreement the requirement of notice will be waived.
Should NDIS funds be expended before the completion of the Service Agreement the Service Agreement is considered ended, Eat Speak Learn cannot guarantee the availability of future services and Participants may opt to be added to a waitlist.
If the Participants therapist ceases employment with Eat Speak Learn the Provider will make every effort to continue the provision of services with another therapist but may have to suspend or end the Service Agreement if an alternative therapist cannot be found.
Feedback, concerns and disputes
If the Participant and/or the Participant’s Representative wishes to give the Provider feedback or is not happy with the provision of supports and wishes to make a complaint, the Participant and/or the Participant’s Representative should contact Eat Speak Learn – Speech Pathology Services by phone 02 6156 2804, by email email@example.com, click here or in person at Northpoint Plaza, 8 Chandler Street, Belconnen, ACT, 2617.
If the Participant and/or the Participant’s Representative is not satisfied or does not want to contact this person, the Participant and/or the Participant’s Representative can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.
For the purposes of GST legislation, the Parties confirm that:
· a supply of supports under a Service Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the participant’s NDIS plan currently in effect under section 37 of the NDIS Act;
· the participant’s NDIS plan is expected to remain in effect during the period the supports are provided; and
· the [participant/participant’s representative] will immediately notify the provider if the participant’s NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.
Last modified: August 5 2019 (View archived versions)
Welcome to Eat Speak Learn – Speech Pathology Services
Thanks for using our services (“Services”). The Services are provided by the Trustee for the ESL Trust trading as Eat Speak Learn – Speech Pathology Services (“Eat Speak Learn”), located at Unit 116, 8 Chandler St Belconnen, ACT, Australia.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are generally limited to the provision of allied health therapy and supports however sometimes additional terms or requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services. Click for more information about our Service Agreementshere.
Using our Services does not give you ownership of any intellectual property rights in our Services or any content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by notifying us in writing.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Privacy and Confidentiality
Eat Speak Learn’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Eat Speak Learn can use such data in accordance with our privacy policies.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Eat Speak Learn and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Eat Speak Learn and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact Eat Speak Learn, please visit our Contact Page.
This is an extremely important code of ethical behaviour and must be maintained at all times by all staff.
The legal requirements of confidentiality extends from the Clinic Principal/s to all Clinicians and staff.
VERBAL BREACH of confidence - Discussion of client's conditions with staff members, families, friends and others.
VISUAL BREACH of confidence - Leaving client's records in full view of any other party.
AUDITORY BREACH of confidence - Discussing client matters (in hearing range of other's nearby).
Part A – Purpose and Context
Eat, Speak, Learn - Speech Pathology Services is committed to ensuring the privacy and confidentiality of all personal information affiliated with Eat, Speak, Learn - Speech Pathology Services business undertakings.
Eat, Speak, Learn - Speech Pathology Services follows the terms and conditions of privacy and confidentiality in accordance to the Australian Privacy Principles (APPs) as per schedule 1 of the Privacy Amendment (Enhancing PrivacyProtection) Act 2012 (Cth), forming part of the Privacy Act 1988 (‘the Act’).
The point of contact regarding any queries regarding this policy is the Clinic Manager, Eat, Speak, Learn - Speech Pathology Services phone: 02 6156 2804 Email: firstname.lastname@example.org.
Part B – Australian Privacy Principles
As a private sector health service provider and under permitted health situations, Eat, Speak, Learn - Speech Pathology Services is required to comply with the APPs as prescribed under the Act.
The APPs regulate how Eat, Speak, Learn - Speech Pathology Services may collect, use, disclose and store personal information and how individuals, including Eat, Speak, Learn - Speech Pathology Services’s clients may:
· address breaches of the APPs by Eat, Speak, Learn - Speech Pathology Services;
· access their own personal information; and,
· correct their own personal information.
In order to provide clients with adequate health care services, Eat, Speak, Learn - Speech Pathology Services will need to collect and use personal information. It is important to be aware that if the client provides incomplete or inaccurate information or the client withholds personal health information Eat, Speak, Learn - Speech Pathology Services may not be able to provide the client with the services they are requesting.
"personal information" as defined by the Privacy Act 1988 (Cth). Meaning
"information or an opinion including information or an opinion forming part of a database, whether true or not, and whether recorded in a material format or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion"; and,
"health information" as defined by the Privacy Act 1988 (Cth). This is a particular subset of "personal information" and means:
· Information or opinion about the health or disability (at any time i.e. past, present or future) of an individual that can be classified as personal information;
· Information or opinion about an individual’s expressed wishes about the future provision of health services that can be classified as personal information;
· Information or opinion about health service provided, or to be provided, to an individual, that can be classified as personal information;
· Other personal information collected to provide, or in providing, a health service;
· Other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or
· Genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
Personal information also includes 'sensitive information' which is information including, but not limited to a client’s:
· political opinions;
· sexual preferences; and or,
· health information.
· Information deemed
'sensitive information' attracts a higher privacy standard under the Act and is subject to additional mechanisms for the client’s protection.
Part C – Types of personal information
Eat, Speak, Learn - Speech Pathology Services collects information from each individual client that is necessary to provide the client with adequate speech and language services.
This may include collecting information about a client’s health history, family history, ethnic background or current lifestyle to assist the speech therapy team in diagnosing and treating a client’s condition.
Part D – collection & Retention
This information will in most circumstances be collected directly from the client through but not limited to the following mediums:
· Eat, Speak, Learn - Speech Pathology Services client consent form;
· medical treatment form; referrals and or,
· face to face consultation.
In other instances, Eat, Speak, Learn - Speech Pathology Services may need to collect personal information about a client from a third party source. This may include:
· relatives; or,
· other health service providers.
This will only be conducted if the client has provided consent for Eat, Speak, Learn - Speech Pathology Services to collect his/her information from a third party source; or, where it is not reasonable or practical for Eat, Speak, Learn - Speech Pathology Services to collect this information directly from the client. This may include where:
· the client’s health is potentially at risk and his/her personal information is needed to provide them with emergency medical treatment.
Eat, Speak, Learn - Speech Pathology Services endeavours to store and retain a client’s personal & health information in an electronic record system stored on our practice server.
Part E – Purpose of collection, Use & Disclosure
Eat, Speak, Learn - Speech Pathology Services only uses a client’s personal information for the purpose(s) they have provided the information for unless one of the following applies:
· the client has consented for Eat, Speak, Learn - Speech Pathology Services to use his/her information for an alternative or additional purpose;
· the disclosure of the client’s information by Eat, Speak, Learn - Speech Pathology Services is reasonably necessary for the enforcement of criminal law or a law imposing a penalty or sanction, or for the protection of public revenue;
· the disclosure of the client’s information by Eat, Speak, Learn - Speech Pathology Services will prevent or lessen a serious and imminent threat to somebody's life or health; or,
· Eat, Speak, Learn - Speech Pathology Services is required or authorised by law to disclose the client’s information for another purpose.
Health Professionals to provide treatment
During the client’s treatment at Eat, Speak, Learn - Speech Pathology Services he/she may be referred to alternative medical treatment/services (i.e. pathology or radiology) where Eat, Speak, Learn - Speech Pathology Services’ staff may consult with senior medical experts when determining a client’s diagnosis or treatment.
Eat, Speak, Learn - Speech Pathology Services staff may also refer the client to other health service providers for further treatment during and following the client’s admission. These services include, but are not limited to:
· Occupational therapy;
· Speech therapy;
· Surgeons; or,
· Outclient or community health services.
These health professionals will be designated health service providers appointed to use the client’s health information as part of the process of providing treatment. Please note that this process will be conducted whilst maintaining the confidentiality and privacy of the client’s personal information.
Alternative Health services
At any point a client wishes to be treated by an alternative medical practitioner or health care service that requires access to his/her personal/health information Eat, Speak, Learn - Speech Pathology Services requires written authorisation. This written authorisation is to state that the client will be utilising alternative health services and that these health services have consented for a transfer of personal/health information.
Other Third Parties
Eat, Speak, Learn - Speech Pathology Services may provide the client’s personal information regarding a client’s treatment or condition to additional third parties. These third parties may include:
· other relatives;
· close personal friends;
· guardians; or,
· a person exercising a client’s power of attorney under an enduring power of attorney.
Where information is relevant or reasonable to be provided to third parties, written consent from the client is required.
Additionally, the client may at any time wish to disclose that no third parties as stated are to access or be informed about his/her personal information or circumstances.
Other Uses of Personal Information
In order to provide the best possible environment to treat clients, Eat, Speak, Learn - Speech Pathology Services may also use personal/health information where necessary for:
· activities such as quality assurance processes, accreditation, audits, risk and claims management, client satisfaction surveys and staff education and training;
· invoicing, billing and account management;
· to liaise with a client’s health fund, Medicare or the Department of Veteran's Affairs, as necessary; and,
· the purpose of complying with any applicable laws – i.e. in response to a subpoena or compulsory reporting to State or Federal authorities.
If at any point or for any of the aforementioned reasons Eat, Speak, Learn - Speech Pathology Services uses or discloses personal/ health information in accordance with the APPs, Eat, Speak, Learn - Speech Pathology Services will provide written notice for the client’s consent for the use and/or disclosure.
Part F – Access and changes to personal information
If an individual client reasonably requests access to their personal information for the purposes of changing the information he/she must engage with the relevant practice manager.
The point of contact for client access to personal information is:
· Clinic Manager
· 02 6156 2804
· Northpoint Plaza, 8 Chandler Street, Belconnen ACT 2617
Once an individual client requests access to his/her personal information Eat, Speak, Learn - Speech Pathology Services will respond within a reasonable period of time to provide the information.
All personal information will be updated in accordance to any changes to a client’s personal circumstances brought to Eat, Speak, Learn - Speech Pathology Services’s attention. All changes to personal information will be subject to client’s consent and acknowledgement.
If an individual requests access to his/her personal information Eat, Speak, Learn - Speech Pathology Services will charge a minimum of $50. Please note that any fee will be associated with the administrative costs of processing the request only.
Part G – Complaints handling
Clients who would like to make a complaint about a perceived breach of the Australian Privacy Principles through Eat, Speak, Learn - Speech Pathology Services Pty Ltd, can do so by contacting the Clinic Manager at Eat, Speak, Learn - Speech Pathology Services (see Complaints).
Part H – Personal Information and overseas recipients
Use of Overseas Parties:
· Eat, Speak, Learn - Speech Pathology Services does engage with overseas entities, with which personal or health information would be transferred, appointed or disclosed.
Part I – Disposal of personal/health information
If Eat, Speak, Learn - Speech Pathology Services receives any unsolicited personal information that is not deemed appropriate for the permitted health situation, Eat, Speak, Learn - Speech Pathology Services will reasonably de-identify and dispose of the information accordingly.
If Eat, Speak, Learn - Speech Pathology Services holds any personal or health information that is no longer deemed relevant or appropriate for the permitted health situation, Eat, Speak, Learn - Speech Pathology Services will reasonably de-identify and dispose of the information accordingly.
Part J – Access to policy
Part K – Review of Policy
Eat, Speak, Learn - Speech Pathology Services in accordance with any legislative change will review the terms and conditions of this policy to ensure all content is both accurate and up to date.
The Privacy Amendment (Sector) Act 2000 extends the operation of the Privacy Act 1988 to cover the private health sector throughout Australia.
The Privacy Act requires our practice to abide by the 13 Australian Privacy Principles (APPs):
- APP 1 – open and transparent management of personal information
- APP 2 – anonymity and pseudonymity
- APP 3 – collection of solicited personal information
- APP 4 – dealing with unsolicited personal information
- APP 5 – notification of the collection of personal information
- APP 6 – use and disclosure of personal information
- APP 7 – direct marketing
- APP 8 – cross-border disclosures
- APP 9 – adoption, use or disclosure of government related identifiers
- APP 10 – quality of personal information
- APP 11 – security of personal information
- APP 12 – access to personal information
- APP 13 – correction of personal information
Information regarding complying with the legislation is available at the Office of the Australian Information Commissioner