Privacy Policy
Collection of Your Information
All personal information collected by Family Mediation Direct is handled in accordance with the National Privacy Principles under the Privacy Act 1988 (Cth). Family Mediation Direct collects information about you for the following reasons:
Storage & Disposal of Your Information
Family Mediation Direct implements stringent processes to protect personal information held about clients, including secure physical storage of records, the security of our premises, and the protection of electronic records. All staff members and contractors of Family Mediation Direct sign a Declaration of Confidentiality upon commencement of employment or contract work. Client files, including all notes, are destroyed and securely disposed of in accordance with best practice requirements.
Access to Your Information
Pursuant to the National Privacy Principles under the Privacy Act 1988 (Cth), you have a general right to access personal information that Family Mediation Direct holds about you, as well as to amend information that is incorrect. However, there are instances when such access to information will not be allowed; for example, access will not be permitted to information about any other person, including your family members or your spouse or partner. We will only disclose information about you to a third party if you have provided prior written permission, or if we are required or authorised by law to do so, such as to protect a person from harm.
If you wish to access your personal information, or would like further information about access, click here to contact us.
Confidentiality
Pursuant to section 10H of the Family Law Act 1975 (Cth), family dispute resolution practitioners must not disclose a communication made in family dispute resolution unless the disclosure is required or authorised under the Act.
A family dispute resolution practitioner must disclose a communication made in family dispute resolution if he or she reasonably believes that the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory (such as to comply with legislation requiring mandatory disclosure of suspected child abuse).
A family dispute resolution practitioner may disclose a communication made in family dispute resolution if he or she reasonably believes that the disclosure is necessary for the purpose of:
In addition, a family dispute resolution practitioner may disclose a communication, with the consent of the person who made the disclosure where that person is an adult, or where the disclosure was made by a child who is under 18, if parents consent to the disclosure. If agreement cannot be reached, the matter may be referred to the Family Court for determination.
A family dispute resolution practitioner may also make disclosures in order to provide information for research relevant to families, as long as the information provided does not constitute 'personal information' as defined in section 6 of the Privacy Act 1988 (Cth). 'Personal information' is information or an opinion from which an individual's identity is apparent, or can reasonably be ascertained.
Inadmissibility
Pursuant to section 10J of the Family Law Act 1975 (Cth), communications made in family dispute resolution are not admissible in any court or proceedings, in any jurisdiction. Additionally, a communication made when a professional consultation is being carried out, on referral from a family dispute resolution practitioner, is also inadmissible in any court or proceedings in any jurisdiction.
In order to ensure that professionals to whom family dispute resolution practitioners make referrals are aware of the inadmissible status of communications made to them, family dispute resolution practitioners are required to inform relevant professionals of this when making a referral.
Importantly, an admission or disclosure that indicates that a child under 18 years has been abused, or is at risk of abuse, may be admitted as evidence unless there is sufficient evidence of the admission or disclosure available to the court from other sources.
Feedback and Complaints
Family Mediation Direct welcomes feedback about its mediation services, so that such services continually improve. If you have a complaint or feedback about how we manage privacy issues or your personal information, click here to contact us.
All personal information collected by Family Mediation Direct is handled in accordance with the National Privacy Principles under the Privacy Act 1988 (Cth). Family Mediation Direct collects information about you for the following reasons:
- Your name, address, telephone number, date of birth, and ex-partner's details are collected when you make an appointment so that we may contact you and identify you when you use our mediation services.
- You may be asked to provide other non-identifying details, including demographic and other information about you. This information is used purely for research purposes to allow us to better understand those seeking mediation services.
- On occasions, Family Mediation Direct conducts broader evaluation and research in which you may be asked to provide information about your experience with our mediation services. We will always ask for your consent to participate in an evaluation process, to which your participation is voluntary.
Storage & Disposal of Your Information
Family Mediation Direct implements stringent processes to protect personal information held about clients, including secure physical storage of records, the security of our premises, and the protection of electronic records. All staff members and contractors of Family Mediation Direct sign a Declaration of Confidentiality upon commencement of employment or contract work. Client files, including all notes, are destroyed and securely disposed of in accordance with best practice requirements.
Access to Your Information
Pursuant to the National Privacy Principles under the Privacy Act 1988 (Cth), you have a general right to access personal information that Family Mediation Direct holds about you, as well as to amend information that is incorrect. However, there are instances when such access to information will not be allowed; for example, access will not be permitted to information about any other person, including your family members or your spouse or partner. We will only disclose information about you to a third party if you have provided prior written permission, or if we are required or authorised by law to do so, such as to protect a person from harm.
If you wish to access your personal information, or would like further information about access, click here to contact us.
Confidentiality
Pursuant to section 10H of the Family Law Act 1975 (Cth), family dispute resolution practitioners must not disclose a communication made in family dispute resolution unless the disclosure is required or authorised under the Act.
A family dispute resolution practitioner must disclose a communication made in family dispute resolution if he or she reasonably believes that the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory (such as to comply with legislation requiring mandatory disclosure of suspected child abuse).
A family dispute resolution practitioner may disclose a communication made in family dispute resolution if he or she reasonably believes that the disclosure is necessary for the purpose of:
- Protecting a child from the risk of physical or psychological harm;
- Preventing or lessening a serious and imminent threat to the life or health of a person;
- Reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person;
- Preventing or lessening a serious and imminent threat to the property of a person;
- Reporting the commission, or preventing the likely commission, of an offence involving intentional damage to the property of a person or a threat of damage to property; or
- Assisting an independent children’s lawyer to properly represent a child’s interests.
In addition, a family dispute resolution practitioner may disclose a communication, with the consent of the person who made the disclosure where that person is an adult, or where the disclosure was made by a child who is under 18, if parents consent to the disclosure. If agreement cannot be reached, the matter may be referred to the Family Court for determination.
A family dispute resolution practitioner may also make disclosures in order to provide information for research relevant to families, as long as the information provided does not constitute 'personal information' as defined in section 6 of the Privacy Act 1988 (Cth). 'Personal information' is information or an opinion from which an individual's identity is apparent, or can reasonably be ascertained.
Inadmissibility
Pursuant to section 10J of the Family Law Act 1975 (Cth), communications made in family dispute resolution are not admissible in any court or proceedings, in any jurisdiction. Additionally, a communication made when a professional consultation is being carried out, on referral from a family dispute resolution practitioner, is also inadmissible in any court or proceedings in any jurisdiction.
In order to ensure that professionals to whom family dispute resolution practitioners make referrals are aware of the inadmissible status of communications made to them, family dispute resolution practitioners are required to inform relevant professionals of this when making a referral.
Importantly, an admission or disclosure that indicates that a child under 18 years has been abused, or is at risk of abuse, may be admitted as evidence unless there is sufficient evidence of the admission or disclosure available to the court from other sources.
Feedback and Complaints
Family Mediation Direct welcomes feedback about its mediation services, so that such services continually improve. If you have a complaint or feedback about how we manage privacy issues or your personal information, click here to contact us.
