Terms of Service

Last Updated: 04 November 2025

The following Terms of Service (the "Terms") constitute a legally binding agreement between you (the "Client," "User," or "you"), and The Listening Room (the "Practice," "we," "us," or "our"). The Practice operates in the Australian Capital Territory (ACT) and provides professional mental health counselling, psychotherapy, and related services (the "Services").

By booking, attending, or otherwise engaging with our Services (including online platform use, phone/video consultation, or face-to-face sessions), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

IMPORTANT NOTICE: By agreeing to these Terms, you acknowledge and accept our obligations regarding Confidentiality and Duty of Care, which include specific legal requirements for disclosure as detailed in the relevant section. Please review the sections on Confidentiality and Emergency Care carefully.

1. General Provisions and Governing Law

1.1 Client Eligibility and Consent

• The Services are generally available to individuals aged 18 years or older.

• For clients under 18, written consent from a parent or legal guardian is mandatory. The Practice reserves the right to assess a minor’s capacity to consent to treatment ("mature minor" consent) in line with ACT and Commonwealth legal frameworks.

1.2 Governing Law and Jurisdiction

• This Agreement is governed by the laws of the Australian Capital Territory (ACT) and the Commonwealth of Australia.

• You and the Practice irrevocably submit to the exclusive jurisdiction of the courts located in the ACT for the resolution of any disputes.

2. Confidentiality and Duty of Care

2.1 Principle of Confidentiality

All information shared within a therapeutic setting is treated with the strictest confidentiality and is protected by law, professional ethics, and this agreement.

2.2 Limits to Confidentiality (Mandatory Disclosure)

Confidentiality may be legally breached by the Counsellor in the following circumstances:

• Serious Threat to Life or Health: Where there is a reasonable belief that disclosure is necessary to prevent a serious threat to the life, health, or safety of any individual, including the client or others.

• Mandatory Reporting (Child Protection): Where disclosure is legally required under ACT law, such as reporting known or suspected physical abuse or sexual abuse of a child or young person under 18.

• Legal Process: Where disclosure is required or authorised by law, including, but not limited to, subpoenas, search warrants, or court orders.

• Professional Peer Consultation: For the purpose of clinical supervision and professional development. In such cases, identifying details will be removed to protect anonymity.

2.3 Emergency Care

In the event of an immediate crisis or emergency, the Client should call Triple Zero (000) for police or ambulance services, or contact Lifeline on 13 11 14. The Practice is not an emergency service.

3. Appointments, Cancellations, and Fees

3.1 Appointments and Cancellation Policy

• Session cancellations must be made with a minimum of 24 hours notice.

• Sessions cancelled with less than 24 hours notice or missed without notice may be charged at the full session rate.

• The Practice understands that genuine emergencies occur and reserves the right to waive the fee at its sole discretion in exceptional circumstances.

3.2 Fees and Payment

• Fees for Services will be communicated before your first session and confirmed in writing.

• All fees communicated are inclusive of the Australian Goods and Services Tax (GST), unless otherwise explicitly stated.

• Payment is due immediately after service for face-to-face clients and immediately before appointment for online clients.

• Payment may be made via PayID and Direct Debit. Cash payments available for face-to-face clients.

• Unpaid fees may result in suspension of service.

• Monthly invoice available at our discretion.

• A Medicare rebate is not available for these services at this stage.

3.3 Online Service Platform and Environment

• Unless otherwise agreed, online sessions are conducted via Google Meet. The Practice is not responsible for technical issues arising from the client's internet connection or equipment.

• Clients are responsible for ensuring privacy on their own devices and internet connections. We recommend Clients use headphones and a private space where they will not be interrupted or overheard during the session.

4. Records and Privacy

4.1 Privacy and Data Protection

• Our collection, use, disclosure, and storage of your personal information, including sensitive health information, is governed by our separate Privacy Policy (available on our website) and adheres to the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth).

4.2 Health Record Retention (ACT Law)

• Client records are securely maintained in compliance with the ACT Health Records (Privacy and Access) Act 1997 and relevant professional body guidelines (e.g., AASW).

• Health records are securely retained for a minimum of:

  • Adults (18+): Seven (7) years from the date of the last entry.

  • Minors (Under 18): Until the Client reaches 25 years of age.

5. Responsibilities and Commitments

5.1 Client Conduct

• To engage with the Counsellor in a respectful and safe manner.

• To provide accurate personal information relevant to therapy.

• To attend sessions sober and not under the influence of alcohol or any other non-prescribed illicit substances.

• To take responsibility for decisions and actions made outside of counselling sessions.

5.2 Counsellor Commitment

The Counsellor commits to:

• Providing a safe, ethical, and professional counselling service.

• Maintaining appropriate professional qualifications and registration.

• Working within the boundaries of competence and referring clients on when necessary.

6. Termination of Services and Complaints

6.1 Termination of Services

The Practice reserves the right to discontinue Services at any time if:

• The Counsellor determines that the therapeutic relationship is no longer beneficial or appropriate.

• The Client fails to adhere to these Terms, including but not limited to, failure to pay fees or consistent late cancellations/missed appointments.

• There is a serious safety concern or threat directed at the Counsellor or the Practice environment.

6.2 Complaints Procedure

If you have a concern or complaint regarding the Services, you should first attempt to resolve it directly with the Counsellor.

If unresolved, clients can contact AASW for further support.