Intellectual Property: All materials provided to you by us or by our staff or associates, and any intellectual property belonging to or associated with our company and/or services, including any website, trademark or trade name, logo, software, text, and graphics are the sole property of us or our staff or associates and you agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your own personal use, but no other use of them is authorised.
Force Majeure: We will not be liable for any breach of this Agreement which is a result of circumstances beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
Rights of Third Parties: A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement.
Assignment: You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
Severability: If any provision in this Agreement is deemed to be illegal, unenforceable, or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
No waiver: Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
Variation: This Agreement may only be varied by express written agreement of the parties.
Jurisdiction: The construction, validity, and performance of this Agreement shall be governed by the laws of Victoria and both parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
Language for Life aims to maximise client potential in achieving therapy goals. We make all reasonable attempts to safeguard clients who cancel frequently, or are a no-show, and to limit unpaid invoices.
Client Attendance Requirements throughout length of service:
1) Maintain attendance of >80% for all scheduled appointments
2) Maximum of 3 cancelled sessions per term for weekly clients
3) Maximum of 2 cancelled sessions per term for fortnightly/monthly clients
4) Provide required notification for a cancelled session, otherwise Late Cancellation/No Show fee applies.
5) Please reply to our SMS reminders YES to confirm or NO to cancel. If you do not show up to the appointment late cancellation fees will apply whether you respond to the SMS reminder or not.
If clients have 2 consecutive cancellations without valid reason, they will be returned to our wait list to enable another client the opportunity to access the service
- Clients should endeavor to make up sessions that have been cancelled, within the time frame of their service booking, (e.g. weekly or fortnightly etc. Made up sessions will negate the cancelled session in reference to our policy)
** Please note that sessions which are cancelled by LFL do not go against a child’s attendance rate.
- In the event where a client has NOT met 1 or more of these requirements, management has a duty of care to the client and therapist, to bring this to the client’s attention to help understand why this is occurring and discuss satisfaction with service, ability to commit to the service, and if the current arrangement is suitable. In the instance where attendance continues to be unsatisfactory, or appointments are frequently rescheduled, or the client is frequently late to their sessions, management reserves the right to end the service agreement and cancel any further appointments.
** Please note that in the instance where sessions cannot be delivered face to face, due to conditions out of the control of Language for Life, the service will automatically be moved to Telehealth consults. The cancellation and attendance schedule remains the same. Where telehealth is deemed not appropriate by the therapist, substitute services will be discussed but only at the therapist’s and LFL discretion. Please note that we do not hold services under conditions which are out of the control of Language for Life.
At Language for Life, we strive to give a high-quality service by:
- preparing for our appointments
- limiting the number of appointments each day
We need to know you are coming to your appointments. If you are unable to attend your appointment, we need to know, so we:
• don’t spend time preparing your session
• can have that time available for another client
WE will send you a reminder text TWO BUSINESS DAYS BEFORE your appointment.
Please reply with:
• YES – you are coming
• NO – you need to cancel
The latest time to cancel is 48
hours before your appointment.
Cancellation FEE FOR FAILURE TO PROVIDE AT LEAST 48 HOURS NOTICE is 90% OF THE COST OF CONSULTATION.
This fee will be paid at the next appointment.
- Private health insurance companies and Medicare, DO NOT cover the cost of cancellation fees.
- This cost will need to be paid by you.
- Sometimes there are reasons that you cannot cancel early.
- You will NOT need to pay a late fee for ONE appointment each school term.
For NDIS clients, the LATEST TIME to cancel is 3pm TWO BUSINESS DAYS BEFORE your appointment.
a) If you fail to attend, cancel or seek to reschedule an appointment with less than TWO working days’ notice:
b) you will be liable to pay us 90% of the consultation fee; and
c) if you have already paid us part or all of the fee, you will not receive a refund, for such appointment except, at our sole discretion, in exceptional circumstances.
d) If you fail to attend two or more appointments, we reserve the right to discharge you and/or any child under your care from our service without notice.
If we need to cancel an appointment for any reason, we may do so at any time before the appointment is scheduled to begin. We do not expect this to happen except in exceptional circumstances, and we will refund any fees you have paid us for the appointment or offer you a choice of alternative dates for the appointment. We will not be liable to compensate you for any other expenses you have incurred in connection with the appointment. We will try to notify you of cancellations, but we cannot guarantee this, especially when an appointment is cancelled at short notice (e.g. if your treating therapist is ill).
Language For Life is committed to safeguarding the confidentiality of any personal or health information of individuals by:
- procedures that protect privacy with regard to the collection, storage and disclosure of Personal Information; and
- Complying with the Australian Privacy Principles and the Privacy Act 1988 (Cth)
Collection of Personal and Sensitive Information
Language for life collects Personal Information of individuals only with their consent. We collect information through various means. Generally, we collect your Personal Information and Sensitive Information directly from you. We will not collect information unless it is necessary for the functions or activities of Language for Life.
There are situations where we may also obtain Personal Information about you from a third party source (for example a GP). If we collect information about you in this way, we will take reasonable steps to contact you and ensure that you are aware of the purpose for which we are collecting your Personal Information and the organisations to which we may disclose your information, subject to any exceptions under the Privacy Act.
Use and disclosure of Personal and Sensitive Information
We only use Personal Information for the purposes for which it is given to us, or for the purposes which are related to one of our functions or activities. Identifying personal information will not be disclosed for marketing purposes.
The Personal Information we collect from you will be used primarily to render services related to Language for Life services and business. We may also disclose your Personal Information to other external organisations including:
• government departments/agencies who provide funding for Language for Life services;
• doctors and health care professionals, who assist us to deliver our services; and
• our professional advisors, including our accountants, auditors and lawyers.
Except as set out above, Language for Life will not disclose an individual’s Personal Information to a third party unless one of the following applies:
• the individual has consented;
• the individual would reasonably expect us to use that information for another purpose related to the purpose for which it was collected (or in the case of sensitive information – directly related to the purpose for which it was collected);
• it is otherwise required or authorised by law;
• it will prevent or lessen a serious threat to somebody’s life, health or safety or to the public health or safety;
• it is reasonably necessary for us to take appropriate action in relation to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities;
• it is reasonably necessary to assist in locating a missing person;
• it is reasonably necessary to establish, exercise or defend a claim at law;
• it is reasonably necessary for a confidential dispute resolution process;
• it is necessary to provide health services;
• it is necessary for the management, funding or monitoring of a health service relevant to public health or public safety;
• it is necessary for research or the compilation or analysis of statistics relevant to public health or public safety;
• it is reasonably necessary for the enforcement of a law conducted by an enforcement body, in this case language for life will make a written note of the disclosure;
• a permitted general situation exists, as defined in s16A of the Privacy Amendment (Enhancing Personal Privacy) Act 2012; or
• a permitted health situation exists as outlined by s16B of the Privacy Amendment (Enhancing Personal Privacy) Act 2012.
From time to time our therapists may use email as a communication method to provide clients with items such as: newsletters, invoices, general business updates, progress notes and clinical reports etc. These items may contain your personal or sensitive information. Whilst your information will only be provided to you and other approved (by you) parties in this manner, clients need to be aware that there is a risk that this information may be accessed by other parties without authorisation (for example, if our email system is ‘hacked’ or a virus is received). Language for Life will take all reasonable steps to mitigate this risk, including regularly changing software passwords, not accessing software/emails from unauthorised computers etc.
Security of Personal and Sensitive Information
Language for Life speech therapy takes reasonable steps to protect the Personal Information and Sensitive Information we hold against misuse, interference, loss, unauthorised access, modification and disclosure.
These steps include password protection for accessing our electronic IT systems, securing paper files in locked cabinets and applying physical access restrictions. Only authorised personnel are permitted to access our systems and controlled premises.
When Personal Information is no longer required, it is destroyed in a secure manner, or will be de-identified.
Language for Life uses cloud-based technology (such as iCloud and Dropbox), which may be located offshore, to store client records such as photos, reports, file notes, and videos, and will take all reasonable measures to protect your Personal Information by:
• gaining your consent to the disclosure; or
• ensuring that the country of destination has similar protections in relation to privacy, and does not breach the Australian Privacy Principles; or
• entering into contractual arrangements with the recipient of your Personal Information that safeguards your privacy.
Alternatively, if the information is required under Australian law, or if the information is required or authorised under international agreement to which Australia is a party to, or if is reasonably necessary by an enforcement body it may be shared.
Note: Our staff are bound by confidentiality and privacy policies, procedures and agreements, which apply both during and following employment with Language for Life. This includes the provision that if any staff comes into contact with a client of Language for Life outside of the clinic they will not acknowledge or approach the client – in order to safeguard the clients’ confidentiality rights.
Access to and correction of Personal Information
If an individual requests access to the Personal Information we hold about them, or seeks to change that Personal Information, upon their request we will give the individual access, unless:
• the request does not relate to the Personal Information of the person making the request;
• the request would have an unreasonable impact on the privacy of other individuals;
• providing access would pose a serious threat to the life, health or safety of a person or to public health or public safety;
• providing access would create an unreasonable impact on the privacy of others;
• the request is frivolous and vexatious;
• the request relates to existing or anticipated legal proceedings;
• providing access would prejudice negotiations with the individuals making the request;
• access would be unlawful;
• denial of access is authorised or required by law;
• access would prejudice an action in relation to suspected unlawful activity, or misconduct of a serious nature relating to the functions or activities of Language for Life speech therapy;
• access discloses a ‘commercially sensitive’ decision making process or information; or
• any other reason that is provided for in the APPs or in the Privacy Act.
Requests for access and/or correction should be made to the Practice Director. For security reasons, any request must be made in writing with proof of identity. This is necessary to ensure that Personal Information is provided only to the correct individuals and that the privacy of other persons is preserved.
In the first instance, Language for Life will assume (unless otherwise informed) that any request relates to current records. These current records will include Personal Information which is included in Language for Life’s databases and in paper files which may be used on a day-to-day basis.
If we deny access to information, we will set out our reasons for denying access in writing. Where there is a dispute about the right to access information or forms of access, this will be dealt with in accordance with our complaints procedure. More information about this process can be obtained from the Practice Director.
If an individual is able to establish that Personal Information Language for Life holds about her/him/their child is not accurate, complete or up to date, Language for Life will take reasonable steps to correct our records unless it is impracticable or unlawful to do so. In the event a request for change is refused Language for Life will set out, in writing, the reasons for refusal and the mechanism by which you can complain. We will not charge an individual for making the request or correcting the information.
All appointments outside of the clinic attract a travel fee. The travel cost will depend on the location the therapist is travelling from. Please ask staff for a quote if travel is required.
National Disability Insurance Agency (NDIA)
All appointments outside of the clinic attract a travel fee. The travel cost will depend on the location the therapist is travelling from and travel will be capped at the NDIS travel guide limits. Please ask staff for a quote if travel is required.
Language for Life Speech Pathology is committed to ensuring that all clients of the service, including family members, carers, and other relevant stakeholders are free to make complaints, to have their grievances dealt with promptly, fairly and co-operatively by Language for Life Speech Pathology. Treatment of complaints will be fair to both the complainant and respondent, will be responded to courteously and will be given high priority for resolution and remediation.
Language for Life Speech Pathology will:
• Provide information in appropriate formats on the complaints and feedback policy and procedures for clients and have them easily accessible to clients.
• Ensure all employees and sub-contractors have been provided with a copy of Language for Life Speech Pathology’s Complaints Handling policy as part of their orientation to the service.
• Encourage clients to maintain open lines of communication with their therapist and, if required, the lead speech pathologist and manager of Language for Life Speech Pathology, by inviting opportunities for feedback to be provided on a regular basis.
• Ensure clients are aware of avenues available to them to make complaints, including in person, by phone, email, or other written correspondence.
Lodging a Complaint:
• A complaint may be lodged in person with any of our staff, by phone (0409 177 186), mail or email.
• Complaint correspondence may be addressed to:
email@example.com, or Language for Life Speech Pathology, 188 Heaths Road Hoppers Crossing Vic 3029.
When a complaint is received, Language for Life will:
• Acknowledge the receipt in writing to the client within seven working days.
• Ensure complaints are investigated in a fair and reasonable manner with both the complainant and respondent to reach resolution, if possible. Resolution of the complaint is sought within ten working days.
• Ensure an electronic confidential record is created for each complaint raised, outlining the actions taken, correspondence entered into and overall summary. A record of complaints will be reported to the service’s funding bodies (as per contractual agreements) if necessary.
• Ensure that all complaints are treated as private and confidential in accordance with the service’s Privacy and Confidentiality Policy.
In the event that the complaint is not able to be resolved to the satisfaction of the complainant, the manager of Language for Life Speech Pathology will advise the complainant of his or her rights and avenues to take the matter further, including the funding bodies’ complaints management systems.
National Disability Insurance Agency (NDIA)
Language for Life has separate NDIS Incident Management and Reportable Incidents Policy for all the NDIS clients in accordance with the guidelines set out by the National Disability Insurance Scheme.
As part of our commitment to open communication and continuous improvement, we encourage both our staff and our clients to provide constructive feedback (whether positive or negative) on our services.
Clients can provide feedback, formally or informally, to their key contact within the Language for Life team.
All feedback received will be recorded by Language for Life and appropriate consideration and/or action taken in relation.
Where appropriate, Language for Life will advise the person/s providing the feedback with information regarding the action and/or outcomes taken and achieved by Language for Life in relation to the feedback.
As a registered NDIS provider, you have the right to make complaints about our services and supports at any time.
To make a complaint, you can get in touch with our Complaints Officer, Sandra Brokenshire. We will handle your complaint fairly following the steps in our NDIS Provider Complaints Management and Resolution System (Policy Document).
You can contact our Complaint Officer, Sandra Brokenshire on: 0387141751, firstname.lastname@example.org. We will handle your request following the steps in our NDIS Provider Complaints Management and Resolution System (Policy Document).
You can access a complaint form by clicking this link: https://www.ndiscommission.gov.au/document/581. You can also ask us to send you a copy by letting the Complaints Officer know.
If you’d prefer to make your complaint in a different way, you can make your complaint:
- By talking with us face-to-face;
- By calling us on the phone;
- Through your preferred Augmentative or Alternative Communication device or method;
- By email; or
- By text message.
- Through an advocate
To protect your privacy, we do not recommend using social media like Facebook, Twitter or Instagram to make a complaint. But, if you make a complaint this way, we will still treat it as a complaint.
This Policy documents our incident management system
As a registered NDIS provider, we must have an incident management system to help:
- identify, record and manage incidents; and
- notify, investigate and respond to reportable incidents (more serious incidents); and
- identify systemic issues and drive improvements in the quality of the supports we deliver.
The NDIS Quality and Safeguards Commissioner (Commissioner) oversees notifications of reportable incidents and our responses to these incidents. This oversight, combined with our compliance with this Policy, can reduce preventable deaths, serious injuries and other serious incidents
The incident management system of a registered NDIS provider must cover incidents that consist of acts, omissions, events or circumstances that:
(a) occur in connection with providing supports or services to a person with disability; and
(b) have, or could have, caused harm to the person with disability.
2) The incident management system must also cover incidents that consist of acts by a person with disability that:
(a) Occur in connection with providing supports or services to the person with disability; and
(b) Have caused serious harm, or a risk of serious harm, to another person.
3) The incident management system must also cover reportable incidents that are alleged to have occurred in connection with providing supports or services to a person with disability.
A reportable incident is:
- The death of a person with disability
- Serious injury of a person with disability
- Abuse or neglect of a person with disability
- Unlawful sexual or physical contact with, or assault of, a person with disability
- Sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity
- The use of an unauthorized restrictive practice in relation to a person with disability.
Incident Management System Procedures
All of our staff (including, without limitation, directors, managers, employees, volunteers and contractors), must follow this Policy and the following procedures to identify, manage and resolve incidents,
(a) To whom must incidents be reported?
The Incident Officer. If the Incident Officer is not available for any reason, the incident should be reported to a senior clinician/practice manager or directly to the Managing Director.
(b) Incident Reports: How are incidents identified, recorded and reported?
(i) If, at any time, a Staff member becomes aware of an incident (including, for the avoidance of doubt, any alleged incident), he or she must:
- Notify the Incidents Officer as soon as practicable, and in any event within one business day of becoming aware of the incident; and
- Complete Part A of the “Incident Notification” in the form set out in Appendix 1.
(ii) The requirement of Staff to notify the Incident Officer about an incident is mandatory and does not depend on whether the people involved make a formal complaint or allegation. Failure to notify the Incident Officer about an incident within the expected timeframe will be treated seriously, and may result in disciplinary action against the Staff member(s) involved.
(iii) Upon receipt of an Incident Notification, the Incident Officer will take action. The specific action taken by the Incident Officer will depend on all the facts and circumstances surrounding the incident, including the seriousness of the incident. In the normal course, the Incident Officer will:
Communicate promptly with the Staff member(s) who made the notification;
- Use reasonable efforts to communicate with the people affected, including (if relevant) the person or people with disability who are affected or involved;
- Investigate the incident, including the causes of the incident, its effect, and any operational issues that may have contributed to the incident occurring;
- Assess each incident according to the incident Investigation principles set out below (the Incident Investigation Principles);
- Take the appropriate action. This may include a range of responses depending on the facts and circumstances, including no further action, an apology, or attempts to remedy or mitigate the effects of the incident;
- Report in writing on the key outcomes of the investigation to the Managing Director. The Incident Officer may also make recommendations to senior management with a view to reducing the occurrence of similar incidents in the future; and
- Complete the Incident Notification for the incident and file it in the Incidents Register (as defined below).
Incident Investigation Principles
All incidents must be assessed by the Incident Officer. In assessing an incident, the Incident Officer must consider the following factors:
(a) The views of persons with disability affected by the incident:
(b) Whether the incident could have been prevented;
(c) How well the incident was managed and resolved;
(d) What, if any, remedial action needs to be undertaken to prevent further similar incidents from occurring, or to minimize their impact; and
(e) Whether other persons or bodies need to be notified of the incident.
Support and assistance. As a provider, we will provide reasonable support and assistance to persons with disability affected by an incident. As part of this process, we will include information about access to advocates such as independent advocates, to ensure their health, safety and wellbeing.
Involvement of person with a disability. We are committed to ensuring that persons with disability affected by an incident are involved in the management and resolution of the incident.
This policy must be provided to all clients and others
The Incident Officer (or his/her delegate) must provide copies of this Policy, in an accessible form, to the following persons:
(i) Persons with disability receiving supports or services from us at the point that the person is “onboarded” as a client;
(iii) The family members, carers, independent advocates and significant others of persons with disability receiving supports or services from us at the point that the person with disability is “onboarded” as a client; and
(ii) Each person employed or otherwise engaged by us at the point the person joins us as a Staff member.
The Incident Officer (and/or delegate) must assist each of the people referred to immediately above so that they understand how the system operates.
This Incident Management System requires that people are afforded procedural fairness when an incident or reportable incident is dealt with by the provider in accordance with the Rules.
All staff responsible for compliance and for completing mandatory training
The Incident Officer has the primary role and responsibility to oversee this Policy and to identify, manage and resolve incidents and to work with staff to prevent incidents from occurring. All staff must abide by this policy. The Incident Officer reports to the key personnel, who retain ultimate responsibility for overseeing compliance with this Policy.
Each person employed or otherwise engaged by us must comply with this Policy. Each person employed or otherwise engaged by us must complete training in the use of, and compliance with, this Policy and the rules.
Learn from the Incident
Language for Life aims to use the incident management system as a tool to assist and identify patterns of behaviour or systematic issues to help improve the ability to provide supports. The incident management system allows us to take corrective actions to; prevent future incidents, stop ongoing risk, minimize reoccurrence of incidents Policies, Procedures and practices will be reviewed following an incident and corrective actions will be put in place.
Corrective actions can include:
- Training and education of workers
- Modification of the environment
- Development or amendment of policies
- Changes in the way which supports are provided
- Practice Improvements
- Disciplinary action
- Restorative actions which aim to repair the relationship with the person involved in the incident may include: apologising, providing ongoing support to the person impacted.
Language for Life is committed to providing a safe and healthy working environment for our team, clients, and other persons in our workplace, so far as reasonably practicable. We aim to achieve this by management and staff working together, following a program of health and safety activities and procedures (aligned to our below WHS objectives) which are monitored and reviewed to achieve best practice and ensure compliance with current legislation.
Our WHS Objectives:
- To provide a safe and healthy work environment for our team, clients, and other persons in our
- To provide safe and healthy methods of work.
- To provide programs of health and safety activities (including training) and procedures which
- are continually updated and effectively carried out;
- To identify and eliminate or reduce hazards and risks to health and safety;
- To continually monitor and improve work health and safety;
- To provide education and training resources;
- To comply with all relevant WHS laws, rules, standards and codes of practice.
Please note that LFL promotes a safe and respectful environment and any forms of aggressive, abusive or bullying behavior will not be tolerated. LFL reserves the right to discharge the associated client from our services without notice.
LFL supports participants to make decisions based on these principles:
- Every person can express their will and preference about what they want
- A person with disability has the right to make decisions
- A person with disability can expect to have appropriate support to make decisions
LFL therefore supports participants to use an independent advocate of their choice to negotiate on their behalf. This may be a family member, friend, trusted decision-maker or appropriate advocacy service. Advocates will be accepted by LFL as representing the interests of the participant. Advocates may be used during assessments, reviews, incidents and complaints or for any other communication between the participant and the organization.
The National Disability Insurance Scheme Act 2013 defines an independent advocate, in relation to a person with disability, to mean a person who:
- is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability
- provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them
- acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights
- is free of relevant conflicts of interest.
LFL understand independent advocates:
- will listen to and follow the participant’s instructions
- will fairly and impartially articulate the participant’s wishes
- is independent and free of conflict of interests
- will assist the participant to be better informed, to achieve desired change and to meet the participant’s needs
- will increase the participant’s confidence, independence, power and achievement of desired outcomes.
- When participants first use LFL services they are informed of the role of advocates, their rights to use advocates, advocacy services and how to contact and involve advocacy services. This is included as part of the NDIS Service Agreement.
- Participants are supported if they choose to self-advocate, change advocates, or withdraw their authority.
- LFL actively works with the Participant to identify their wishes, will, preferences and rights to establish goals and needs and subsequently develop a Support Plan.
- LFL works with the Participant’s advocate, trusted decision maker and/or family member to assist the participant to exercise choice and control and to have their voice heard in matters that affect them. This can occur at any time while the participant is using LFL’s services.
- The review of Service Agreements and Support Plans is used as an opportunity to review advocacy needs with participants.
- When a participant need an advocate and a family member or carer cannot fulfill the role LFL will assist the participant to obtain an advocate of the participant’s choice. This may include using services such as Disability Advocacy Finder.
- When an advocate assists a participant, their involvement will be documented in the participant’s file. The Clinician will work with the advocate in line with the participant’s wishes and support the involvement of the participant’s advocate in all areas of service planning and decision making.
- Wherever possible, as per all services, LFL will include participants’ wishes / preferences into service planning and delivery.