If you are launching a website for a private practice, then there are a few key legal documents you will need in order to stay compliant with Australian law. This applies to all practitioners, whether counsellors, psychotherapists, social workers, or in another allied health practice.
For Psychologists and Occupational Therapists, there is the additional requirement that AHPRA professional competencies that relate to Digital Health be adhered to. These competencies are suggestive that even a practitioner isn’t explicitly covered be a specific law like the Privacy Act 1988, practitioners remain under professional obligations to adhere to best practice.
This article breaks down the three necessary legal notices that your Australian Private Practice Website should include.
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Privacy Policy:
- Purpose: A Privacy Policy outlines how you collect, store, and use personal information provided by website visitors.
- Required for: Websites that collect personal information, such as email addresses or phone numbers.
- Key Elements:
- How you collect personal information;
- How you use and store data associated with personal information;
- How you protect personal information from unauthorised access;
- How visitors can access, correct and potentially delete their personal information;
- How you might utilise ‘cookies’ to assist users;
- How a user may complain about how their personal information has been used;
- How you handle data breaches; and,
- If you have practice management software integrated into your website (ie. appointment management software), how this data is stored by the software.
- Legal Basis:
A privacy policy is a straightforward document that outlines how an organisation or agency handles your personal information. It’s a legal requirement for most businesses operating in Australia, particularly those with an annual turnover exceeding $3 million. Any organisation or agency that is covered by the Privacy Act 1988 (Privacy Act) must have a privacy policy. The Privacy Act covers organisations with an annual turnover more than $3 million and operating in Australia, and some other organisations. A number of factors go into deciding if an organisation operates in Australia, including if they have a presence in Australia or carry on a business in Australia.
Generally, even if an organisation doesn’t strictly fall within the jurisdiction of the Privacy Act, it is still considered best practice to ensure that there is a compliant privacy policy. Google generally requires a privacy policy and may penalise your website without one. Likewise, it is now normative and is an important trust signal for users of your website.
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Website Disclaimer:
- Purpose: A Website Disclaimer limits your liability for the information and content on your website.
- Required for: Websites that provide information, advice, or recommendations.
- Key Elements:
- A statement disclaiming liability for any errors or omissions in the content;
- A disclaimer regarding the accuracy and completeness of the information;
- A disclaimer regarding reliance on the information provided;
- A disclaimer regarding other user comments (if you have comments enable on your blog);
- If in private practice, a disclaimer that no client-therapist relationship arises as a consequence of accessing material on the website.
- Legal Basis:
The requirement for a Website Disclaimer does not arise under any law, but is a defensive mechanism against the risks of a website user improperly relying on published website material. In short, its prudent to consider your risks should a user of your website seek to assert that they relied on your website for advice (whether legal or therapeutic) and experienced some kind of detriment then alleged the website owner ought to be liable. A well-drafted Website Disclaimer protects you against this eventuality.
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Terms and Conditions:
- Purpose: Terms and Conditions outline the terms of use for your website and govern the relationship between you and your website visitors.
- Required for: Websites that sell products or services, or offer downloadable content.
- Key Elements:
- Acceptable use policies;
- Intellectual property rights;
- Limitation of liability; and
- Dispute resolution procedures.
- Legal Basis:
Like a Website Disclaimer, the requirement for a Terms of Use does not arise under any law, but is a defensive mechanism against the risks of a website user improperly relying on published website material. It is important to note that any website that engaged in the sale of products or services will be subject to the Australian Consumer Law (the “ACL”). The ACL provides broad remedies that can’t be contracted out of. However, a websites terms of use can set out how those remedies can be access (ie. through a dispute resolution procedure) and can protect you against common law actions.
Additionally, a well-drafted ‘Terms and Conditions” can also set out your rights in relation to the misuse of your website and the protection of your intellectual property.
- Purpose: Terms and Conditions outline the terms of use for your website and govern the relationship between you and your website visitors.
Remember:
- Legal Advice: While this guide provides a general overview, it’s essential to consult with a legal professional to ensure full compliance with specific laws and regulations.
- Regular Review: Regularly review and update your legal documents to reflect changes in laws, regulations, and your website’s operations.
- User-Friendly Language: Use clear and concise language in your legal documents to ensure they are easily understood by your website visitors.
By understanding and implementing these legal considerations, you can protect your website, your business, and your users.
Therapas provides a private practice website policy pack here. Whether you are seeking to streamline your private practice launch or refresh your legals, our private practice website policy pack will protect you and meet your legal obligations.
