Terms of Service
(Effective Date: 06 January 2026)
By accessing this website or engaging in counselling services with Nicole Gaitan Counselling, you agree to the following Terms of Service, which are governed by applicable Australian law and align with the Australian Counselling Association (ACA) Code of Ethics and Practice.
1. Provision of Services
Nicole Gaitan Counselling provides professional counselling services in accordance with the Australian Counselling Association (ACA) Code of Ethics and Practice. Services are offered in a supportive, confidential, and respectful manner and are designed to support personal insight, emotional wellbeing, and personal development.
Nicole Gaitan Counselling is not a substitute for medical, psychiatric, or emergency services and does not provide crisis or emergency services. If you are experiencing immediate distress or are at risk of harm, please contact emergency services (000) or a crisis support service.
2. Eligibility for Services
Counselling services are provided to individuals aged 18 years and over only. Nicole Gaitan Counselling does not provide counselling services to children or adolescents under the age of 18.
Nicole Gaitan provides counselling services within the scope of her professional training, competence, and Level 1 accreditation with the Australian Counselling Association (ACA), in accordance with the ACA Code of Ethics and Practice.
Counselling services do not include medical, psychiatric, diagnostic, or crisis intervention services.
Where a client’s needs fall outside the counsellor’s scope of practice, or where specialised or urgent support is required, appropriate referrals to external services or other qualified health professionals may be recommended. This may include referral to a general practitioner, psychologist, psychiatrist, or emergency services where appropriate.
3. Appointments, Fees, and Cancellations
Sessions are offered by appointment only. Fees, session length, and cancellation requirements are communicated at the time of booking.
Late cancellations or missed appointments may be charged in accordance with the cancellation policy provided at booking. Fees remain payable even if services are discontinued partway through a session.
Nicole Gaitan Counselling is a private counselling service. Medicare rebates are not available for counselling sessions provided. Clients are responsible for full payment of fees at the time of service unless otherwise agreed.
4. Confidentiality and Its Limits
All counselling sessions are confidential. Information shared during sessions will not be disclosed without your consent except where disclosure is required or permitted by law, including but not limited to:
Risk of serious harm to yourself or others
Mandatory reporting obligations (e.g. child protection matters)
Court orders or legal requirements
Nicole Gaitan Counselling participates in professional supervision in accordance with ACA requirements. De-identified information may be discussed for professional development and ethical practice.
Where possible and appropriate, disclosures will be discussed with you.
5. Privacy, Records, and Data Protection
Nicole Gaitan Counselling complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in the collection, use, storage, and protection of personal and sensitive information.
Client records, session notes, and administrative information are securely stored using Halaxy, a professional practice management system designed for Australian health and wellbeing providers.
An assistive AI note-taking tool, Heidi AI, is used to support accurate clinical documentation. Heidi AI is used in accordance with confidentiality obligations and privacy requirements. No client information is shared beyond what is necessary for secure clinical record-keeping.
All reasonable steps are taken to protect personal information from misuse, loss, unauthorised access, modification, or disclosure.
The Privacy Policy forms part of these Terms and can be viewed at:
https://www.nicolegaitancounselling.com.au/privacypolicy
6. Informed Consent
By engaging in counselling services, you acknowledge that:
Counselling is a collaborative process and outcomes cannot be guaranteed
You are responsible for your own decisions and actions
You have provided informed consent to participate in counselling
Specific consent may be sought for telehealth sessions or other service arrangements where applicable.
7. Telehealth and Online Sessions
Online counselling sessions are conducted via secure platforms. Clients are responsible for ensuring they are in a private, quiet space and have a stable internet connection.
Nicole Gaitan Counselling is not responsible for technical interruptions outside of reasonable control.
8. Professional Standards and Insurance
Nicole Gaitan is an accredited member of the Australian Counselling Association (ACA) and practices within her professional scope and training.
Appropriate professional indemnity and public liability insurance is held through Focus Insurance, covering the counselling services provided.
9. Accessibility and Premises
In-person counselling sessions take place in a private counselling room that is accessed via stairs.
Clients with mobility concerns or accessibility requirements are encouraged to consider whether the premises are suitable for their needs or to enquire about alternative arrangements, including online counselling sessions.
10. Termination of Services
Either the client or the counsellor may terminate counselling services at any time. Where appropriate, referrals to alternative services may be offered.
Outstanding fees remain payable following termination.
11. Limitation of Liability
While all reasonable care is taken, Nicole Gaitan Counselling does not guarantee specific outcomes from counselling services.
To the extent permitted by law, liability is limited to the resupply of services or the cost of resupplying services.
Nothing in these Terms excludes, restricts, or modifies any rights available under the Australian Consumer Law.
12. Changes to These Terms
These Terms of Service may be updated from time to time. The most current version will always be available on this website.
13. Contact
If you have questions about these Terms, privacy, or your records, please contact:
Email: nicolegaitancounselling@outlook.com
Phone: 0404 695 531