Sydney Dispute Resolution Privacy Policy

 

Collection and Use of Information

 

Sydney Dispute Resolution collects information from clients for the following purposes:

 

Personal information is collected before, during and after mediation and Family Dispute Resolution to facilitate the normal provision of our services. Records are kept of any verbal or written communications between clients and Sydney Dispute Resolution, whether conducted by phone, online, in writing or face to face. Records are also kept of client attendance at interviews, mediation and FDR sessions.

 

Sydney Dispute Resolution will only use your personal information to assist you with your dispute and to comply with legal requirements.

 

Please note that Sydney Dispute Resolution does not allow clients to record any phone conversations, interviews or consultations that they participate in at Sydney Dispute Resolution.

 

Storage and Disposal of Information

Sydney Dispute Resolution ensures that personal information collected is securely stored and safe from unauthorized access. This includes secure physical storage of records and password protection of any electronic records.

 

Client files, including all notes, are destroyed and securely disposed of in accordance with best practice.

 

Use and Disclosure

Sydney Dispute Resolution will only share your personal information with others if you consent or we are required to by law.

 

Please see the sections below on Confidentiality and Inadmissibility for further information regarding disclosure and admissibility of client information in Family Dispute Resolution.

 

Confidentiality and Inadmissibility in Family Dispute Resolution

 

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;

• 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 ofthe 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

Sydney Dispute Resolution welcomes feedback to help us improve our services, and we would also like to hear from you if you have any concerns about the service you receive. Please call 0447 183 474 or email contact@sydneydisputeresolution.com.au if you would like more information on our Feedback and Complaints Policy.