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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I currently run a holistic health centre. We have a trained

Customer Question

Hi I currently run a holistic health centre. We have a trained professional life coach who consults with couples on a daily bases. We have a situation arise where a couple who were seeing our life coach disolved their relationship. But resulted in one of the parties being violently attacked. There is now a pending court case between these two parties and the mother of both individuals involved have asked to speak to the life coach who practises out of the centre. No legal representatives have contacted us. Is the life coach able to refuse communicating with either mother on the bases of client confidentiality as both parties were present in there session. Do we have any legal grounds to not be involved with any criminal proceedings if we have not been approached by any legal representative
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Why does she want to speak to him?Unless the clients waive confidentiality he cannot speak to her. I assume you have a contract where all information and communication in the centre is confidential?
Customer: replied 1 year ago.
Hi LeonOne of the mothers was requesting a character reference for her son (who committed the act). The mother of the other party has continually come into the centre requesting to speak to my consultant regarding "showing her photographs" I have tried to ask for more information as to why but she is refusing to speak to me as the director of the centre. I can only assume she wishes to speak to the practitioner to request information regarding both parties and their behaviours within the life coaching session which from my understanding is a breech of confidentiality and I am within my rights to refuse. We have disclaimers yes which state that sessions are confidental
Expert:  Leon replied 1 year ago.
Good AfternoonA character reference is not revealing personal information that the consultant has. You do not have to give a personal reference because it assumes that they know him well. This would be given by an employer a close friend etc. The consultant would not be in a position to provide a personal reference. If they want a report then the sion has to authorise its release. This is what we do when we want information from doctors. We have the client sign an authority authorising the release of information.A reference is nothing like this. If the consultant does not feel they know him well enough he does not have to give it and should say so.
Customer: replied 1 year ago.
Thank you Leon
so unless we are legally requested to provide any details we do not have to and can say no?
Expert:  Leon replied 1 year ago.
Good AfternoonUnless there is an authority to relate information by the son who is the client you do not have to do anything. If they issue a subpoena then it is a court order for documents, then you may have a problem because you have to comply unless you question the reason and seek the court not allow all top be seen. But for her request you do not have to give her anything.I hope this makes sense and is of assistance, If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon