Privacy Policy – Action Potential Counselling

Action Potential Counselling
ABN: 96 633 792 467 | CPCA Member #43358
Effective: 09 February 2026 | Version 2.0 | Next Review: February 2027

1. Our Commitment to Your Privacy

Your privacy matters. Action Potential Counselling is committed to handling your personal and health information with care, discretion, and full compliance with Australian law.
This policy explains what information we collect, why we collect it, how it's stored, and what your rights are. We operate in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), the Notifiable Data Breaches (NDB) scheme, relevant state and territory health privacy legislation, and the CPCA Code of Ethics.
If you have any questions about this policy before engaging with our services, please reach out — we're happy to talk it through.

2. Who This Policy Applies To

This policy applies to anyone who:

• Engages in counselling, personal training, or combined sessions with Action Potential Counselling

• Enquires about or books services through our website, booking platform, or directly

• Accesses our website at actionpotentialcounselling.com.au

• Is referred by a third party with appropriate consent

Where services are provided to couples, both individuals are considered participants and are covered by this policy. Records from couples sessions are treated as jointly held unless both parties agree otherwise in writing before sessions begin.

3. What Information We Collect

We only collect information that is reasonably necessary to provide safe and effective services.

Personal information:

• Full name, date of birth, and contact details

• Emergency contact details

• Referral source

Health and clinical information:

• Relevant medical, psychological, or psychosocial history

• Session notes, progress notes, and clinical records

• Risk assessments and safety planning documentation

• Fitness history, injuries, and goals (where personal training is part of your service)

Administrative and financial information:

• Billing, invoicing, and payment records

• Appointment history and scheduling records

Communication records:

• Emails, phone notes, and messages relating to services

Website data:

• Non-identifying usage data collected via cookies or analytics, where consent is provided

4. How We Collect Information

We collect information:

• Directly from you — through intake forms, during sessions, by phone, or by email

• Through our online booking platform (Halaxy)

• From other health professionals or referrers, with your prior written consent

• From a parent, guardian, or authorised support person where appropriate and lawful

Where we receive information from a third party, we will take reasonable steps to verify its accuracy with you at the earliest appropriate opportunity.

5. How Your Information Is Stored

We use the following platforms to store and manage your information. All platforms named here store data within Australia and comply with the Australian Privacy Principles.

Halaxy Practice Management Software
All clinical records, invoices, and appointment data are stored in Halaxy — an Australian-based, encrypted practice management platform. Your data does not leave Australia.

Halaxy Meet (Online Sessions)
Online sessions are conducted via Halaxy Meet, a secure, end-to-end encrypted video platform built for health professionals. Sessions are not recorded or stored without your explicit consent.

Halaxy AI Scribe
With your informed consent, we may use Halaxy AI Scribe — an AI-assisted clinical note tool — to support accurate session documentation. This operates entirely within Halaxy's secure environment and does not share your information externally. You can decline the use of AI Scribe at any time, and notes will be completed manually instead. This will be discussed before your first session.

Website
Our website may use cookies or analytics tools to understand how visitors interact with the site. These tools do not identify you personally. You can disable cookies in your browser settings at any time.

We do not use any offshore platforms that would transfer your health information outside Australia without your explicit informed consent.

6. Why We Use Your Information

Your information is used to:

• Provide counselling, personal training, and related services safely and effectively

• Maintain accurate clinical and administrative records

• Communicate with you about appointments and services

• Meet our legal, ethical, and professional obligations

• Support continuity of care through appropriate referrals, with your consent

You can opt out of non-essential communications at any time by contacting us directly.

7. When We May Share Your Information

Your information will not be shared without your explicit consent, except where required by law. The circumstances where we may be required to share information without consent are:

• Where there is a serious and imminent risk of harm to you or another person

• Where mandatory reporting obligations are triggered under child protection legislation — including the Children and Young Persons (Care and Protection) Act 1998 (NSW) and equivalent legislation in other states and territories

• Where a court order, subpoena, or other lawful direction requires disclosure

• In a medical or psychological emergency where disclosure is necessary to protect life

Where we collaborate with other health professionals — GPs, psychologists, support coordinators, or allied health providers — this will only occur with your prior written consent and will be limited to the minimum information necessary.

Wherever possible, we will discuss any required disclosure with you before it occurs. The only exception is where doing so would itself create a risk of serious harm or is prohibited by law.

8. Confidentiality

Everything discussed in sessions is confidential. There are three circumstances where confidentiality may need to be broken:

• Serious and imminent risk of harm to you or others

• Mandatory reporting obligations under child protection law

• Court-ordered disclosure

These limits are explained before counselling begins and are documented in your Service Agreement and Informed Consent Form.

9. How Long We Keep Your Records

• Records are kept for a minimum of 7 years after your last session

• Where you were under 18 at the time of service, records are kept until you turn 25

• All records are stored in encrypted, access-controlled systems

• Physical documents are stored in locked filing

• Access is restricted to authorised personnel only

After the applicable retention period, records are securely destroyed or permanently de-identified.

10. Data Breaches

Action Potential Counselling is covered by the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth) because we hold health information.

If a data breach occurs that is likely to result in serious harm — such as unauthorised access to or disclosure of your personal information — we are legally required to:

• Promptly assess the breach

• Notify you directly, including what happened and what steps you can take to protect yourself

• Notify the Office of the Australian Information Commissioner (OAIC)

We take all reasonable steps to prevent breaches, including encrypted storage, access controls, and regular security reviews. If a suspected breach occurs, we act immediately to contain and assess it.

11. Your Rights

You have the right to:

• Request access to your personal or health information

• Request corrections to information that is inaccurate, incomplete, or outdated

• Withdraw consent for AI-assisted note-taking at any time

• Opt out of non-essential communications at any time

• Ask us not to use your information for a particular purpose, where legally and ethically permissible

To make a request, contact us in writing at josh@actionpotentialcounselling.com.au. We will respond within 14 business days. If legal or ethical obligations limit access, we will explain why in writing.

12. Choosing Not to Share Information

You can choose not to provide certain information. This will not result in a refusal of service where it is safe and appropriate to proceed. However, withholding information that is material to safe or effective service delivery may affect what we can offer. We will always discuss this with you openly and without pressure.

13. Couples and Relationship Counselling

When working with couples or more than one participant:

• Both individuals are considered participants and are covered by this policy

• Records from couples sessions are treated as jointly held unless otherwise agreed in writing before sessions begin

• Neither participant may request sole access to joint session records without the written consent of the other party, except where legally required

• Individual sessions held within a couples process are treated as separate records with their own confidentiality

These arrangements are discussed and agreed to before couples work begins.

14. Young People (Under 18)

Where services are provided to participants under 18:

• A parent or legal guardian must provide consent to treatment

• The young person's confidentiality is respected within the limits of mandatory reporting obligations

• Records are kept until the participant turns 25, in accordance with Australian standards

• The best interests of the young person guide all decisions about disclosure

• Action Potential Counselling works with young people aged 15 and above

15. Website and Cookies

Our website may use cookies or analytics tools to improve functionality and understand how visitors use the site. These tools do not personally identify you unless you choose to submit information. No health or sensitive personal information is collected through the website without your active submission. You can disable cookies in your browser settings at any time.

16. Concerns and Complaints

If you have a concern about how your information has been handled, please contact us directly first. We take privacy seriously and will respond promptly and respectfully.

Action Potential Counselling
josh@actionpotentialcounselling.com.au
+61 427 887 822

If your concern is not resolved, you can contact:

Office of the Australian Information Commissioner (OAIC)
Phone: 1300 363 992
Website: www.oaic.gov.au

Certified Practising Counsellors Australia (CPCA)
Website: www.cpcaus.com.au

17. Changes to This Policy

This policy may be updated periodically to reflect changes in legislation, professional standards, platform usage, or service delivery. The current version is always available at actionpotentialcounselling.com.au/privacypolicy.

Material changes will be communicated to current participants directly. This policy was last reviewed in February 2026. The next scheduled review is February 2027.

Action Potential Counselling | ABN: 96 633 792 467 | CPCA #43358 | josh@actionpotentialcounselling.com.au