Consent Management
Proper consent management is essential for Australian healthcare compliance. Praxi helps you manage consent for treatment, record-keeping, and communication.
Consent Types
Praxi tracks several types of consent:
| Consent Type | Description | Required |
|---|---|---|
| Treatment | Consent to receive treatment | Yes |
| Data Sharing | Permission to share with other providers | As needed |
| AI Processing | Consent for AI-assisted note generation | Recommended |
| Research | Participation in studies | Optional |
| Recording | Consent for session recording/transcription | If applicable |
| Marketing | Permission for marketing communications | Optional |
| MHR Access | Consent to access/upload to My Health Record | If applicable |
Additional consent types are available for specific programmes:
- EAP consents -- Mandatory referral release and aggregate reporting notice for Employee Assistance Programme clients
- Pathway consents -- Data collection, practitioner sharing, court reporting, voice journal, and crisis contact consents for clients using Praxi Pathway
Recording Consent
Initial Consent
When a client first attends:
- Open the client profile
- Go to the Profile tab and expand Consent
- Record each consent type:
- Select consent type
- Record how obtained (verbal, written, electronic)
- Add date
- Note any conditions or limitations
- Save
Consent Methods
| Method | When to Use | Documentation |
|---|---|---|
| Digital | Online intake forms | System records automatically |
| Paper | Formal consent forms | Upload signed document |
| Verbal | In-session consent | Record in notes with date |
Digital consents can capture electronic signatures and witness details.
Minor Consent (Family Law Act 1975)
Australian law governs consent for clients under 18.
Age-Based Rules
| Age | Who Can Consent | Praxi Behaviour |
|---|---|---|
| 0-13 | Parent/guardian only (Gillick not applicable) | Requires guardian consent |
| 14-17 | Client + parent/guardian (mature minor doctrine) | Both must consent |
| 18+ | Client only (guardian access auto-revoked) | Standard consent |
When a minor client turns 18, Praxi automatically transitions their consent authority to client-only. Guardian access is revoked.
Capacity Assessment
Praxi supports documenting the client's capacity to consent, aligned with PsyBA Code of Conduct 2025 section 5.2:
| Status | Meaning |
|---|---|
| Presumed | Adult with no capacity concerns (default) |
| Assessed Capable | Practitioner has confirmed capacity |
| Assessed Incapable | Cannot consent independently, needs substitute |
| Gillick Competent | Minor aged 14-17 assessed as competent |
| Substitute Decision Maker | Guardian or SDM consenting on behalf |
Gillick Competence
For clients aged 14-17, a minor may consent without guardian involvement if they demonstrate sufficient understanding. This is known as "Gillick competence."
To record Gillick competence:
- Open the minor's profile
- Go to the Profile tab and expand Consent
- Set the capacity status to Gillick Competent
- Document your assessment:
- Evidence of understanding
- Topics explained
- Decision-making capacity observed
- Date and sign
Gillick competence assessments may be scrutinised. Document thoroughly the basis for your determination.
Setting Up Guardian Consent
For clients requiring guardian consent:
- Open the minor's profile
- Go to the Profile tab and expand Family & Relationships
- Click Add Guardian
- Enter guardian details:
- Name and relationship
- Contact information
- Consent authority (full or limited)
- Record guardian consent:
- Consent for treatment
- Communication preferences
- Access to records
Parental Responsibility
In separated families:
- Shared responsibility - Both parents can consent
- Sole responsibility - Only designated parent can consent
- Court orders - May restrict one parent's involvement
Document any court orders or custody arrangements in the client profile.
Couples Consent
For couples therapy, both partners must consent to shared notes. Specifically, both partners must explicitly consent to:
- Joint treatment
- Shared session notes (both partners can view)
- Information visible to both parties
Neither partner's notes from individual sessions are shared unless separate consent is obtained. See Couples and Families for detailed guidance.
Withdrawing Consent
Clients can withdraw consent at any time:
- Open the client profile
- Go to the Profile tab and expand Consent
- Select the consent to withdraw
- Click Withdraw Consent
- Record:
- Date of withdrawal
- Reason (optional)
- Actions taken (e.g., ceased SMS reminders)
- Save
Effects of Withdrawal
| Withdrawn Consent | Effect |
|---|---|
| Treatment | Must cease treatment |
| Data Sharing | No longer share information with third parties |
| AI Processing | AI-assisted features disabled for this client |
| Recording | Session recording and transcription must stop |
Consent for Specific Situations
Telehealth Consent
Before telehealth sessions:
- Confirm identity verification method
- Explain privacy limitations (home environment)
- Discuss emergency procedures
- Record telehealth-specific consent
Third-Party Reports
Before sharing information with:
- GPs
- Schools
- Employers
- Legal proceedings
Obtain written consent specifying:
- What information may be shared
- With whom
- For what purpose
- Any limitations
Medicare Claiming
Medicare claims require client consent:
- Consent to claim through Medicare
- Consent to share clinical information with Medicare
- Usually obtained at registration
Consent Renewal and Expiry
Praxi tracks consent expiry dates and helps you stay compliant:
Renewing Consent
- Open the client profile, go to the Profile tab, and expand Consent
- Find the consent that needs renewal
- Click Renew to extend the consent -- the record's expiry and revalidation dates are updated and the renewal is audit-logged
- Update the expiry date and re-record how consent was obtained
Expiry Monitoring
Praxi monitors expiring and expired consents automatically:
- Expiring consents -- View all consents approaching their expiry date
- Expired consents -- View consents that have already expired
- Revalidation dashboard -- See which consents need renewal and overall compliance statistics
- Expiry emails -- Send reminder emails to clients or practitioners when consent is about to expire
Batch Operations
For managing consent across multiple clients:
- Batch revoke -- Revoke multiple consents at once (e.g., when a programme ends)
Automatic Reminders
- Expiring consent -- Some consents require periodic renewal
- Missing consent -- Required consents not recorded
- Minor turning 18 -- Consent authority automatically transitions
Consent Review
Periodically review consent:
- At 12-month intervals
- When treatment plan changes
- When circumstances change (e.g., family situation)
Consent Documentation
Consent Forms
Upload signed consent forms:
- Go to the client's Files tab
- Click Upload
- Select the consent form
- Tag as "Consent"
- Link to the consent record
Electronic Signatures
For online consent:
- Client completes intake form
- System records consent with timestamp
- Digital signature captured
- Receipt sent to client
Tips
- Record consent early - Capture at first contact
- Be specific - Record exactly what was consented to
- Document limitations - Note any conditions or restrictions
- Review regularly - Consent can change over time
- Keep copies - Upload signed consent forms
Frequently Asked Questions
Can a parent access their 16-year-old's records?
Generally, no, unless the minor consents or lacks capacity. Document the minor's wishes regarding parental access.
What if parents disagree about treatment?
If both have parental responsibility and disagree, treatment may need to wait until agreement is reached or a court order obtained.
How long should consent records be kept?
Same as clinical records - 7 years for adults, or until the minor turns 25.