Terms and Conditions of Service

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Professor Tanya-Marie Robinson (ABN 61181702442). We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer. By engaging our Services, you agree to the following Terms. Please read them carefully. If you do not agree, you cannot use our Services.

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Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: accounts@tmrobinson.com.au.

These Terms were last updated on 20 December 2024.

 

OUR DISCLOSURES

1. Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information;

• our cancellation policy (on our website) which sets out how we will handle booking cancellation fees;

• our Services do not include crisis or emergency services (if you require immediate assistance, contact emergency services (000) or Lifeline (13 11 14); and

• clause 14 (Liability) which sets out exclusions and limitations to our liability under these Terms.

 

A minimum period applies to these Terms, during which, you will not be able to terminate these Terms for convenience, and if you do, you are liable to pay us a fee.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

 

2. Engagement and Term

2.1These Terms apply from the Commencement Date until the date that is the earlier of:

(a) the date the Services are completed (as reasonably determined by us); or

(b) the date on which these Terms are terminated (Term)

 

3.Services

3.1Services means the mental healthcare services provided or to be provided by us to you, including but not limited to consultations, treatments, procedures, and any other healthcare-related services as agreed between us from time to time.

3.2 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

3.3 We may not provide services in the following circumstances:

(a)If you are in an emergency situation requiring immediate assistance.

(b)If you are intoxicated by alcohol or drugs during a session.

(c)If you are suicidal or at risk of harming yourself or others, we may require you to have local mental health support in place.

(d)If you reside outside Australia, due to registration and insurance restrictions. Please contact us to discuss eligibility on a case-by-case basis.

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4. Your Rights

4.1It is your right as a client to be:

1. treated in a safe environment that meets the necessary professional standards

2. treated with respect, dignity and courtesy, and without discrimination, including culture, gender, race, colour, religion, nationality, age and ability

3. informed of the evidence-base and decisions associated with service provision

4. informed of the costs associated with Services

4.2If you have a concern or complaint about the Services or about us as your service provider, you should:

(a)in the first instance, discuss your concerns or provide feedback directly to us;

(b)if you are not satisfied with our response, you may refer the matter to the Australian Association of Social Workers (AASW).

We are committed to addressing all complaints promptly and fairly. We will make reasonable efforts to resolve any issues raised and to improve our Services based on feedback received.

4.3To terminate services at any time.

 

5. Your Obligations

5.1You agree to (and to the extent applicable, ensure that your Personnel agree to):

1. Comply with these Terms, all applicable Laws, and our reasonable requests.

2. If you are under 18 or lack decision-making capacity, consent must be provided by a parent, guardian, or authorized representative.

3. You must provide accurate information about your mental health history, medical conditions, and any relevant circumstances to ensure safe and effective service delivery.

4. A valid Mental Health Treatment Plan or referral from a GP, psychiatrist, or paediatrician is required to claim Medicare rebates under the Better Access initiative.

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6. Mandatory Reporting

1. You acknowledge that we may be required by law to disclose certain information, particularly if we believe there is a risk of harm to yourself or others, or in cases of suspected child abuse or neglect.

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7. Mental Health Care Plans

1. If you are referred under a Mental Health Care Plan, you acknowledge that we are required to provide reports to your referring doctor as per Medicare requirements.

2. You must provide a copy of your Mental Health Care Plan to us before your first appointment. It is your responsibility to ensure that we have a current Mental Health Care Plan. Failure to ensure that you have a current Mental Health Care Plan at the time of your appointment will result in you not being eligible for a rebate for that particular Service.

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8. Medicare Claims and Records Consent

1. You authorise us and our designated third-party service providers to:

   1. submit claims to Medicare on your behalf for eligible Services provided to you;

   2. access your Medicare claims history and other relevant Medicare records for the purpose of providing and managing your healthcare;

   3. use your Medicare card details for claiming purposes;

   4. communicate with Medicare regarding your claims and eligibility for services.

2. You acknowledge that this consent extends to any third-party service provider we engage to assist with Medicare claiming and related administrative tasks. We will ensure that any such third party adheres to all relevant privacy and confidentiality obligations.

3. This consent remains valid for the duration of your treatment with us unless you withdraw it in writing. You may withdraw this consent at any time but understand that doing so may affect our ability to claim Medicare rebates on your behalf and may impact our administrative processes.

4. Consent for Third-Party Information Access

   1. You authorise us to:

      1. obtain your personal and health information from third parties, including but not limited to other healthcare providers, hospitals, diagnostic services, and health insurers;

      2. disclose your personal and health information to third parties where necessary for the provision of our Services or for the management of your healthcare; and

      3. communicate with these third parties on your behalf regarding your healthcare.

 

9. Fees and Payment

9.1In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.

9.2Cancellations: You must provide at least 48 hours’ notice when cancelling or rescheduling an appointment. If you cancel within 48 hours of the scheduled appointment time or fail to show up, you will be charged the full fee for the service. All cancellations must be communicated by phone, email, or through our online booking system. In cases of genuine emergencies, fees may be waived at our discretion. Our Cancellation Policy is set out on our website.

9.3If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

1. after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

2. charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

9.4When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

10. Privacy

10.1If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).

10.2Without limiting this clause 12, you must ensure that:

(a)you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and

(b)we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.

10.3Without limiting this clause 12, you agree to only disclose Personal Information to us if:

(a)you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and

(b)you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.

10.4We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with any applicable Laws. Refer to our Privacy Policy on our website.

 

11. Australian Consumer Law

11.1Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

11.2Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

11.3This clause 13 will survive the termination or expiry of these Terms.

 

12. Liability

12.1Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law: 

1. neither Party will be liable for Consequential Loss;

2. a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

3. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates. 

12.2This clause 14 will survive the termination or expiry of these Terms.

 

13. Termination

13.1Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party.

13.2These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

2. the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

13.3Upon expiry or termination of these Terms:

1. we will immediately cease providing the Services;

2. without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;

3. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

4. by us pursuant to clause 15.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

5. we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 11.

13.4Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

13.5This clause 15 will survive the termination or expiry of these Terms.

 

14. General

14.1Amendment: Subject to clauses 2.2 and 2.3, these Terms may only be amended by written instrument executed by the Parties.

14.2Assignment: Subject to clauses 16.3 and 16.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

14.3Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

14.4Disputes:  A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

14.5Governing Law: These Terms are governed by the laws of South Australia.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

14.6Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

14.7Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

14.8Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

14.9Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

14.10Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.

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15.Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Adelaide, South Australia, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that is the earlier of:

1. the date that you ask us to begin supplying the Services; or

2. the date that you make part or full payment of the Fees.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Fees and any other amounts payable under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 13.1.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Mental Health Care Plan means a plan developed by a general practitioner (GP), which assesses a patient’s mental health needs, outlines treatment goals, and provides referrals for a specified number of Medicare-subsidised sessions with mental health professionals.

Payment Terms means the timings for payment of the Fees and any other amounts payable under these Terms. For the avoidance of doubt Fees fall due at the commencement of the provision of the Service by us.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Fees means the amounts payable by you to us for the Services, as communicated to you prior to the provision of Services, displayed in our practice, listed on our website, or as otherwise agreed between us and you from time to time. 

Services means the mental healthcare services provided or to be provided by us to you, including but not limited to consultations, treatments, procedures, and any other healthcare-related services as agreed between us from time to time.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

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16.Interpretation

In these Terms, unless the context otherwise requires:

(a)a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b)a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c)a reference to a person includes a natural person, body corporate, partnership, joint venture, association, government or statutory body;

(d)a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns;

(e)a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(f)a reference to time is to local time in Adelaide, South Australia; and

(g)a reference to $ or dollars refers to the currency of Australia from time to time.