At Phuong Tran (trading as Smiling Hearts And Minds), we are dedicated to providing ethical, legally compliant, and supportive counselling and psychotherapy services for children and young people. Whether you’re a parent, guardian, or young person seeking support, understanding consent, court orders, and confidentiality is key to ensuring a smooth and empowering therapeutic experience.

Consent Requirements for Counselling Young People

For Children Under 16

Consent from both parents or legal guardians is required before counselling or psychotherapy can begin, unless a court order or intervention order (IVO) specifies otherwise.

If Parents Are Separated or Divorced

Court orders and IVOs play an important role in determining who has the authority to consent to therapy:

• Sole Parental Responsibility: If one parent has sole decision-making authority, only their consent is required.
• Shared Parental Responsibility: If decision-making is shared, both parents must provide consent.
• Intervention Orders (IVO): If an IVO restricts a parent’s involvement, the terms of the order will be followed strictly.

To ensure compliance, parents or guardians must:

• Inform Smiling Hearts And Minds of any relevant court orders or IVOs.
• Provide a copy of the court order or IVO before the first session.

Responsibility of Parents

It is the responsibility of the referring parent to disclose any court orders or IVOs. Smiling Hearts And Minds cannot be held accountable for breaching undisclosed legal arrangements. If you are uncertain about your obligations, we recommend seeking legal advice before proceeding.

For Teenagers Aged 16–17

Under Australian law, teenagers aged 16 or older can independently consent to counselling or psychotherapy (Gillick competence).

Can Teenagers Attend Sessions Alone?

Yes, young people aged 16–17 can attend sessions independently if they choose. However, we encourage involving parents or guardians, where appropriate, as their support can enhance the therapeutic process.

Completing the Registration Form

For Children Under 16

• A parent or guardian must complete and sign the registration form.
• Details for both parents must be included unless a court order specifies otherwise.
• If parents are separated, the registration form must reflect any legal arrangements outlined in the court order or IVO.

For Teenagers Aged 16–17

Young people attending independently can complete the registration form themselves.

What to Bring to the First Session

To ensure a smooth process, please bring the following:

1. A completed registration form, signed by both parents or as required by the court order or IVO.
2. A copy of any relevant court orders or IVOs, if applicable.

Confidentiality and Privacy at Smiling Hearts And Minds

We prioritize the confidentiality and privacy of all clients, including children and young people.

For Parents:

While counselling sessions are confidential, there are situations where information may need to be shared:

• If your child or someone else is at risk of harm.
• If there is a legal obligation to report suspected abuse or neglect.
• If a court order or IVO requires disclosure.

For Young People:

What you share in counselling remains private unless:

• You or someone else is in danger.
• The counsellor is legally required to share information (e.g., mandatory reporting or compliance with a court order).

Where possible, we will always explain what needs to be shared and why, ensuring that you feel supported and informed throughout the process.

Managing Risk and Safety Concerns

If there are concerns about suicide, self-harm, child safety, family violence, or school/community violence, please notify us immediately. Addressing these risks early allows us to provide the appropriate support and care to keep the young person safe.

Why Consent and Compliance Matter

At Smiling Hearts And Minds, we adhere to Australian laws and ethical guidelines to ensure that counselling is safe, transparent, and effective. Compliance with court orders, IVOs, and consent requirements protects the rights of all parties and establishes a secure foundation for therapy.

Have Questions About Counselling for Young People?

If you have any questions about consent, court orders, or the counselling process at Smiling Hearts And Minds, we’re here to help. Contact us today to learn more about how we work with children, young people, and their families to provide compassionate, professional support.

Contact Smiling Hearts And Minds

• Phone: 0449 521 397
• Email: info@theshm.com.au; contact@phuongtran.com.au
• Website: theshm.com.au

Empowering young people, supporting families, and nurturing brighter futures—one session at a time.