Working with Vulnerable People
This policy should be read in conjunction with our Terms and Conditions.
The purpose of this policy is to provide general information about our psychologist’s obligations with respect to confidentiality and consent when working with children, young people and vulnerable persons.
By engaging in our services, as defined in our Terms and Conditions, you agree that you have read and understand our policy on working with Vulnerable People and agree to be bound by it.
Key definitions
1.1. Child. Section 11 of the Children and Young People Act 2008 (ACT) defines a child as a person who is under 12 years old.
1.2. Young Person. Section 12 of the Children and Young People Act 2008 (ACT) defines a young person as a person who is 12 years old or older, but not yet an adult.
1.3. Vulnerable Person. Section 7 of the Working with Vulnerable People (Background Checking) Act 2011 defines a vulnerable person as a person who is: under the age of 18; or an adult who is experiencing some form of disadvantage and engages in a regulated activity with a service designed for persons with their particular disadvantage.
1.4. Informed Consent. The Australian Commission on Safety and Quality in Healthcare (“ACSQHC”) defines informed consent as a person’s decision, given voluntarily, to agree to a healthcare treatment, procedure or other intervention that is made. This decision can only be given following the provision of accurate and relevant information about healthcare intervention and alternative options available; and with adequate knowledge and understanding of the benefits and material risks of the proposed intervention relevant to the person who would be having the treatment, procedure or other intervention.
1.5. Gillick Competence. The ACT Government understands Gillick Competence to refer to situations where a young person or child can demonstrate they have sufficient understanding and intelligence to enable them to understand fully what is proposed.
Consent
2.1. Informed consent is an integral part of engaging in any healthcare service.
2.2. If a Vulnerable Person, as defined above in section 1.3, is capable of providing Informed Consent, our psychologists must obtain the Vulnerable Person’s Informed Consent prior to providing them with any of our psychology services. This also means that they have the right to terminate services at any time in accordance with our Terms and Conditions and Terms of Service.
2.3. In the event that a Vulnerable Person is unable to provide us with Informed Consent, and after every effort has been made to empower the person to do so, we will require the consent of a parent or legal guardian or authority (such as power of attorney or court orders) prior to providing Psychology services to that Vulnerable Person.
2.4. We reserve the right to, at any point in the service engagement, where there is a requirement to provide consent, to ask for proof of guardianship or legal power of attorney prior to gaining consent from a Vulnerable Person’s representative. This extends to situations where this proof may have already been provided. This ensures that we are keeping our practices aligned with the ACSQHC best practices which states that it is good clinical practice to ensure that Informed Consent is validly obtained and appropriately timed.
2.5. In Australia, a Young Person is commonly considered capable of providing Informed Consent when they achieve a sufficient understanding and intelligence to enable them to understand fully what is proposed (Gillick Competence). Generally, we accept that most young people aged 15 years old and over able to give Informed Consent and we will request that they co-sign our Terms of Service and consent forms prior to their first appointment.
2.6. Unless specified in a Court Order, we only require consent form one parent prior to providing psychological services to a child or young person. We will make every effort to ensure that both parents are involved in the provision of psychology services to their child or young person so far as it is appropriate and possible to do so.
2.7. It is the responsibility of the referring parent (the parent seeking our services on behalf of their child or young person) to inform us where there are any existing Court Orders and/or parenting/custody arrangements that specifically require dual parent consent.
2.8. It is the responsibility of the parent or legal guardian/representative of the Vulnerable Person to inform our psychologists of any existing Court Orders or parental/custody agreements that could affect the type and nature of the psychology service you are seeking us to provide. This includes, but is not limited to, any Court Order that specified a requirement for dual parent consent before the provision of psychological services to a child or young person. This responsibility extends to situations where any such Court Order becomes applicable during the provision of psychology services.
2.9. Our psychologists are in no way responsible for pursuing the existence of any such Court Orders or documentation and cannot therefore be held responsible for breaching any such Court Orders that they have not been made aware of.
2.10. In an emergency situation, commonly understood to be any situation where our psychologists determine that there is a credible threat to the life, safety, health and wellbeing of another person, no consent is initially required to treat the Vulnerable Person, or take actions such as the disclosure of personal information and sensitive information (such as providing ACT Ambulance with the person’s name, date of birth, and any relevant diagnosis). Informed Consent will be sought as soon as reasonably practicable before, during or post the emergency.
3. Confidentiality
3.1. Should a Vulnerable Person be capable of providing Informed Consent, our psychologists must maintain their confidentiality in line with that person’s express wishes, unless in the event of an emergency or as specified in our Terms and Conditions (as required by Court Orders, Subpoenas or third-party reporting requirements).
3.2. Where it is considered appropriate by our psychologists, if a person is unable to provide Informed Consent, our psychologists will take steps to ensure that the person’s wishes concerning their privacy are respected.
3.3. While our psychologists are obligated to maintain the confidentiality of Young Person who can provide informed consent, they typically request permission to share pertinent information with the client's parent or guardian. In addition to this, they will seek to encourage the Young Person to directly share the necessary details with the relevant parties, such as parents or school personnel.
3.4. Typically, our psychologists inform parents about their child’s wellbeing and progress in treatment, as well as any essential information needed to prevent risk. In all situations, our psychologists are obligated to report any suspected child abuse or neglect to the relevant authorities.
4. Conclusion
4.1. You are requested to inform the treating psychologist immediately should you become aware of any current or future self-harm, safety concerns relating to a Vulnerable Person being treated by our team, family violence, or school and community violence concerns. This ensures the appropriate management of any risks to the welfare of the Vulnerable Person. Failure to report these concerns could result in a reduction in the efficacy of the services provided.
4.2. If you have any concerns or questions regarding our obligations when working with Vulnerable People, please contact Golden Hour Wellbeing at admin@goldenhourwellbeing.com or reach out to the treating psychologist directly.