Terms and Conditions of Service

Introduction

Thank you for choosing Quirky Kid as a service provider.

Here we set out the terms on which we provide our services. When you schedule an appointment with the Clinic, and if you continue to schedule appointments with the Clinic and use our services, you will be deemed to have accepted these Terms.

These terms will be binding on the referring parent(s), carer, agency, or representative named in the intake form.

Please read this carefully and let us know if you have any questions.  We draw your attention to the following clauses:

Appointments & Cancellations

You can book an appointment with us by phone or through our online system. We provide consultation at our clinical location, via telehealth, or online.

While we may send reminders, it remains your responsibility to attend your appointment at the agreed time. Please arrive at least 10 minutes early. Due to the nature of our work, sessions may occasionally start up to 20 minutes late. If you choose not to wait for a delayed session, you agree that no refund will be provided.

Fees, Expenses and Billing

We charge professional fees as per our Schedule of Fees, unless you're an NDIS participant and have completed the required NDIS intake, in which case the NDIS Schedule of Fees applies.

Please note that our Schedule of Fees is valid for the current financial year. The most current version is available on our website. You are responsible for informing yourself of the current and relevant fees before making and confirming your appointment. Fees applicable to your appointment will be those in effect at the time of your appointment, not at the time of booking. 

Links to our Schedule of Fees are included in your appointment reminder emails.

• Bulk Billing and Rebates

  We do not offer bulk billing arrangements under Medicare. Medicare rebates apply only after satisfying several requirements under Medicare, such as a valid Medicare referral. Not all psychologists are registered with Medicare (e.g. provisional psychologists). Please review the Medicare website for current requirements and eligibility criteria.

• Fee Estimates

  In some scenarios, we can offer indicative estimates for a course of consultations, a report, or an assessment. Nonetheless, please understand that these are indicative only and not binding.

  Our primary commitment is towards delivering effective and appropriate care for our clients, and in some situations, this may mean deviating from an initially projected plan or cost. This is particularly the case when addressing the risk of harm, child safety, and protection issues. By their very nature, these areas are often fraught with unforeseen circumstances and require swift, responsive action that may not align with the original estimate.

• Expenses and Emergency Billing

  We may incur expenses that may be charged to you as described in the schedule of fees. Your approval will be sought before incurring any expense above $250.

  In addition, please note that in cases related to child safety matters or urgent situations, we reserve the right to bill up to two hours of professional time, as we have your consent for this billing arrangement. This is to ensure that we can promptly and effectively respond to these critical situations and fulfil our duty of care. While we will make every effort to communicate with you as soon as possible, our primary concern in these instances is to tend to your child’s safety and comply with our child safety requirements and duty of care. 

• Affordability

  You should make an assessment of the affordability of our services. If you cannot afford our services and request a referral, we may refer you to an alternative service or to an agency that can assist you in locating other services. 

• Billing

  We require you to provide us with your Credit Card details before booking with us unless we agree otherwise. You agree to maintain your Credit Card Details updated while requesting our services. Generally, services require an upfront payment at least two business days before the appointment. Telehealth consultations require payment upon booking. 

• Credit Card Authority

  By providing us with your credit card details, you authorise us to store and use your card to bill you for services scheduled and rendered and any relevant cancellation charges. This authorisation applies to each individual appointment or service booked. You can request this authorisation to be cancelled at any time, but only after all due fees are paid in full. We will not charge your credit card for any amount without a corresponding tax invoice being provided to you.

• Financial Responsibility

  Unless we agree otherwise in writing, the referring parent, carer, or agency is liable for paying all fees and expenses, including consultation with third parties (e.g. schools, other parents or carers). 

• Payment Method Alternative

  If you do not have a valid credit card, you can prepay a holding deposit equivalent to six billable hours of your respective psychologists' time via direct debit.

• Account Keeping, Dishonour fees and Collection

  If you provide us with incorrect details or present a card with insufficient funds, we may also charge an administration fee of up to $20 to cover the additional work this creates for our staff.

  
  

  Cancellation of multiple appointments resulting in refunds may also incur a $15 fee. We may 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 amounts unpaid after the expiry of 30 days after a tax invoice has been given to you. If it is necessary to commence proceedings to recover payment, we will be entitled to charge legal and any debt recovery costs in addition to interest and the original amount. 

Provision of Services

We provide services in accordance with relevant health legislation and other requirements under Medicare, NDIS and private health funds or other schemes.  There is a charter that explains your rights as a client of a psychologist.

• Use of electronic communications

  We use email for administrative purposes such as setting up appointments. Invoices and receipts may be emailed as a document attached to an email and may be subject to password protection. Please ensure that you provide us with a secure and private email address. Email will not be used to send reports or other sensitive documents, as it is not sufficiently secure. If you elect to send us confidential information by email, you accept all risks and release us from any claim or action relating to accidental or unauthorised disclosure of such information. We ensure electronic communications meet professional standards for privacy and confidentiality and comply with obligations regarding the secure handling of personal information.

• Services funded or co-funded by state, federal or private schemes

  Please note that if the services to be provided are funded or partially funded under Medicare, the NDIS or private health insurance (or other schemes), they may be subject to external policies which specify which services we can provide and the basis on which we must provide them. Our staff will use their best endeavours to explain these policies as and when applicable. However, it is your responsibility to inform yourself of those requirements if you choose to access our services using these schemes.

• Provision of a telehealth service

  To access telehealth consultations, you will need access to a quiet, private space; and the appropriate device, i.e. smartphone, laptop, iPad, or computer, with a camera, microphone and speakers, and a reliable broadband internet connection.  The privacy of any form of communication via the Internet is potentially vulnerable and limited by the security of the technology used. To support the security of your personal information, this practice utilises business-grade technology platforms that comply with Australian standards, based on the information currently available to us regarding online security and encryption. 

• Limitations of telehealth

  A telehealth consultation may be subject to limitations such as an unstable network connection, which may affect the quality of the psychological session. Additionally, there may be certain services for which telehealth is not suitable or effective. Your psychologist will consider and discuss the appropriateness of ongoing telehealth sessions. Where appropriate, the service may be provided by telephone or videoconferencing. You are responsible for the costs associated with setting up the necessary technology to access telehealth services. We will be responsible for the cost of the call to you and the associated costs of the platform used to conduct telehealth services. 

• High Needs and Complex Case Fees

  A one-off Establishment Fee and higher hourly rates apply to cases identified by us as high-conflict, high-risk, or legally complex. These cases often involve multiple stakeholders and increased clinical oversight. The details and current fees are set out in our Schedule of Fees. We will discuss with you if we consider your case meets these criteria and provide you with written notice of any fee changes at least 7 days before they take effect.  This determination may occur at any point during the treatment process based on the emerging complexity of the case. For more information, please see this link.

• Referrals and Legal Restrictions

  By engaging our services, you confirm that there are no legal restrictions, such as court orders or custody arrangements, preventing you from referring the child or young person to Quirky Kid Clinic. It is your responsibility to ensure that

Client Files

We retain all rights (including copyright) on all client files we hold, including (without limitation) consultation notes and any reports or examinations we may commission from third parties. We maintain accurate, up-to-date, factual and objective records that show respect for clients. Records are made at the time of events or as soon as possible afterwards and are sufficient to facilitate continuity of service. All records are held securely and protected from unauthorised access.

In cases where parents are separated, all information provided by either parent becomes part of the child's file and belongs to that file, not to the individual parent who provided the information. This includes but is not limited to consultation notes, correspondence, reports, and any other documentation relating to the child's treatment.

You can request access to your files in accordance with the Privacy Policy. There may be fees and charges associated with file access and retrieval, and we provide you with a guide to help you manage your expectations. 

Children’s files are stored until the child turns 25. After this date, they may be destroyed unless legislation requires otherwise. Your acceptance of these terms constitutes your authority for us to destroy the file after the above period.

Professional Boundaries and Multiple Relationships

We maintain clear professional boundaries to ensure safe and effective services. We avoid multiple relationships that could compromise our objectivity or the safety and effectiveness of our services. Any assessment or intervention involving physical contact requires a clear evidence-based indication, discussion with an experienced practitioner, and written consent.

When providing simultaneous services (such as family therapy, group sessions, or services involving multiple family members), there may be inherent limits to confidentiality that differ from individual services.

Before commencing simultaneous services, we will:

• explain any limits of confidentiality to each participant in advance;
• give each participant an opportunity to consider these limitations;
• obtain written consent from each participant regarding acceptance of these limitations; and
• ensure, as far as reasonably possible, that no participant is coerced to accept these limitations.

We act in your interests when making referrals and do not accept inducements that could affect service provision. Where conflicts of interest arise, we will inform you and take steps to protect your interests.

Intellectual Property

Each party owns intellectual property rights in their pre-existing materials. All intellectual property in our treatment materials, assessments, reports, and methodologies remains our property. You may not reproduce, distribute, or use such materials without our written consent. All intellectual property rights in any new materials created during the provision of the services will at all times vest in us.

Confidentiality

For the purposes of this section, 'parties' refers to us and you (the referring parent, carer, or agency named in the intake form).

Both parties must keep confidential, and not use or permit any authorised use of confidential information provided by the other party. This does not apply to confidential information disclosed: 

• with the other party’s written consent; 
• where required by law (including our mandatory reporting obligation); 
• to our professional advisers in order to obtain advice in relation to matters arising in connection with these terms;
• to other professionals involved in your child’s care with your consent; 
• in emergencies where disclosure is necessary to prevent serious harm; or 
• for quality assurance, supervision or administrative purposes within our practice. 

In cases involving separated parents, you acknowledge and agree that:

Where you provide us with information about third parties (including other family members, carers, or professionals), you warrant that you have the authority to disclose such information and that such disclosure does not breach any confidentiality obligations you may have.

Liability

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

• neither party will be liable for any consequential, indirect, incidental, special or punitive loss or damage;  
• a party’s 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
• our total liability to you for any loss or damage arising from or in connection with our services is limited to the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.

Professional Services Limitation

You acknowledge and agree that:

• Our services involve professional judgment and clinical assessment, and outcomes cannot be guaranteed;
• The effectiveness of psychological services depends significantly on your participation, engagement, and compliance with recommendations;
• We provide services based on information provided by you, and our advice and treatment are necessarily limited by the accuracy and completeness of such information; and
• You have been advised to seek independent advice if you are uncertain about any aspect of our services.

Australian Consumer Law

Certain 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.  

Subject to your Consumer Law Rights, we provide all material, work, goods and 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.

Termination of Services

Our services terminate when you instruct us or upon the successful completion of treatment. 

Your compliance with our Code of Conduct allows us to provide optimal service and fosters an environment conducive to the best outcomes for your child or dependent. Rude, disrespectful, aggressive and intimidating behaviour will not be tolerated and can result in us ceasing or refusing to provide services. Fees will not be waived when an appointment is terminated on this basis.

We may also cease or refuse to provide services where:

1. Fees or expenses payable by you are outstanding or
2. you fail to provide us with clear or timely instructions or information to enable us to advise on your child’s treatment; or
3. you indicate to your psychologist, or they form the view that you have lost confidence in their work; or 
4. If any ethical concerns arise or your psychologist determines that it is in the best interest to cease treating your child (e.g., a conflict of interest or there is a better-suited professional to continue intervention).
5. Your financial consent is withdrawn.

You may terminate our services immediately by written notice if we materially breach these terms and fail to fix the breach within 14 days of written notice. Upon termination:

• All unpaid fees become immediately due;
• We will assist with care transfer subject to payment of outstanding fees;
• Scheduled appointments are cancelled without cancellation fees applying; and
• Our confidentiality obligations continue.

When services conclude, we minimise negative effects and, where practical and with your consent, help identify alternative appropriate practitioners and facilitate the transfer of relevant information. We make reasonable plans for continuity of service during our foreseeable absence and in the event we become unavailable due to relocation, illness or other circumstances.

Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, industrial disputes, power failures, internet outages, or public health emergencies. In such cases, we may reschedule appointments without penalty to either party.

Amendments

We may, at any time and at our discretion, vary these Terms and Conditions by publishing the amended Terms and Conditions on our website. We recommend you check our website regularly to ensure you are aware of our current Code of Conduct.

Severability

If any part of these terms is found to be invalid or unenforceable, that part will be severed and the remainder will continue in full force and effect. The invalid provision will be replaced with a valid provision that achieves the same commercial purpose.

Disputes

Any dispute arising from these terms must first be addressed through good faith negotiations. If unresolved within 30 days, disputes will be resolved through mediation, administered by the Australian Disputes Centre.

Governing Law

These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Any legal proceedings must be commenced in the courts of New South Wales and you submit to the jurisdiction of those courts.