Recent weeks have been eventful for me, marked by attending the graduation ceremony and celebrating this significant milestone with loved ones. Around the same time, after several months of exploring opportunities in the non-profit sector, I was fortunate enough to secure a position as a Counsellor within the Gambler’s Help Program at a community health organisation. I thought it would be helpful to share my experience and the critical factors I believe contributed to landing this role. 

• Know my strengths and interests  

The Master of Counselling that I completed over two years has been incredibly beneficial in enabling me to explore my passion and strengths, both in the classroom and during practical placements. It equipped me with essential knowledge about the counselling profession, which was particularly valuable as I came from a finance background rather than pursuing a bachelor’s degree in psychology or a related field. Apart from my interest in counselling for trauma and grief, I found addiction counselling to be particularly fascinating while studying. Although grades do not reveal the whole story, my best unit score was in addiction counselling, and I remember being genuinely interested in learning more about this field. I was particularly amazed by the neurobiology of addiction and the use of motivational enhancement therapy, particularly the technique of motivational interviewing. This interest has kept me open to job opportunities in addiction counselling. 

• Keep my professional connections and reach out  

When preparing for the interview, I contacted my postgraduate counselling course chair for further insights, knowing that problem gambling is one of his areas of expertise and research interest. He generously gave me a brief overview of the topic’s history, current statistics, and key research findings. Thanks to my course chair’s invaluable guidance, I gained a deeper understanding of problem gambling and its effects. With this knowledge, I felt more confident and prepared for my interview. Additionally, I spoke to a former classmate who works as a Counsellor at Gambler’s Help in a different community organisation to discuss her experience in the role. She also became one of my references and spoke about my strengths, which backed up what I mentioned in the interview, which the employer highlighted when offering me the position. 

• Highlight my strengths in the interview  

Apart from answering the typical interview questions, I emphasised my eagerness to learn and active community engagement. These qualities have been developed through experiences beyond formal placements, including some unrelated to counselling. I also highlighted my values and how they align with those of the organisation and team, which was well received. Despite my limited practical experience in gambling addiction counselling, the organisation has shown a willingness to support my development. This sentiment has been echoed by others who have navigated similar career transitions or pursued direct entry into master’s programmes following their bachelor’s degrees. 

Each month we spotlight an ACA member in the ACA Monthly Bulletin, our monthly newsletter. The Member Spotlight is designed to showcase the work of our members to you! We hope their stories inspire or spark interest. Let’s share our experiences within our counselling community.

Dean Mousad

CEO at Invictus Solutions

What motivated you to pursue a career in counselling?  

Growing up in the Sydney Muslim community, I witnessed firsthand the struggles and challenges many individuals faced. Indeed, I faced demons of my own before turning my life around, with God’s help. My faith has a strong emphasis on compassion and service, inspiring me to support my community to overcome these obstacles. Counselling became my path to assisting and motivating people. I derive great satisfaction from supporting my community and helping them realise their full potential and become the best version of themselves.

What specific areas do you primarily work within?

I work predominantly with clients struggling with addictions or mental health concerns. I schedule appointments on business days in my Sydney office (how many depends on my other workloads). Invictus Solutions has grown extensively over the past 12 months to the point that I now have more than 20 staff. In addition to counselling, mentoring and consulting clients, I also run educational workshops for schools, businesses and community groups. I am often required to travel interstate for workshops and attend and/or address conventions. Overseas travel is also involved at times and I am currently putting steps in place to hopefully expand Invictus Solutions into the Middle East region (GGC – Gulf Co-operation Council). With this current workload and my very much hands-on charity work that I described in Question 7, my weeks are never dull!

Can you share a recent success or achievement in your counselling work that you’re proud of? 

I worked with a client struggling with pornography addiction but committed to change. After six sessions with me over six months, they expressed gratitude for the non-judgmental, compassionate support they had received from me. Now, free from addiction, they’re preparing for marriage.

What is the most rewarding aspect of being a counsellor for you?  

For me, the most rewarding aspect of being a counsellor is witnessing my clients turn their lives around. Seeing them discover the strength and resilience to work their way through challenges and find hope in adversity. I gain immense satisfaction from seeing them embrace the silver lining in life’s journey, after the struggles they’ve been through.

How do you contribute to the betterment of the profession and your community?  

The vast majority of my clients are Muslims and I am fully aware of the need to continually educate myself with regard to religious nuances and cultural sensitivities. It is crucial that I understand these nuances fully in order to provide counselling which is both effective and culturally sensitive. I offer sincere and compassionate counselling based around Islamic principles and in terms of contributing towards the betterment of my profession, I am proud of the professional ethnics and standards that I uphold.

Are there any projects or initiatives you’re currently involved in?  

My life revolves around my faith, my family and my community/my work. In addition to being the CEO at Invictus Solutions, heading a team of over 20 counsellors and educators as previously mentioned, I also co-founded two charities, Brothers In Need (2015) and Project Qur’an (2019) and remain hands-on with both. I am the Managing Director of Brothers In Need, which now services three states and provides support to disadvantaged individuals and communities through various programs and initiatives. Project Qur’an is dedicated to distributing copies of the Qur’an and prayer aids to new Muslims and those may be interested in Islam. It promotes the understanding of Islam.

What advice would you give to someone considering a career in counselling/psychotherapy?  

I recommend if you are thinking about a career in counselling/psychotherapy, don’t hesitate…do what I did and ‘dive in at the deep end’. Only after dealing with clients will you know if you’re the right fit. Hopefully, this career path will bring you as much fulfillment as it has done for me!

Is there a quote or philosophy that inspires your work?  

“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, ‘Who am I to be brilliant, gorgeous, talented, fabulous?’ Actually, who are you not to be? Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It’s not just in some of us; it’s in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.” – Marianne Williamson.

This quote resonates with me both personally and professionally, as it reminds me of the importance of embracing my own power and potential. It inspires me to encourage other to do the same.

Open question – tell anything that was not asked in the previous questions? 

In life, it’s never too late to make change. It’s not how we start, it’s how we finish, meaning that our past doesn’t dictate our future; it’s our actions and outcomes that define us. The potential for positive change is there at any stage of our lives.

Dear Members,

It’s official – National Standards has commenced! As per my last update, I attended the first meeting on Thursday 4 April with the contractor and Department of Health and Aged Care. The focus of the meeting was stakeholder mapping – an important part of project planning to ensure the right people are in discussions. I provided a comprehensive list of stakeholders ensuring that as members, you will have an opportunity to be engaged. The plan is still being finalised but it is expected to be completed by 30 June 2025. Please continue to check on our dedicated page as I will post updates as the project progresses.

Kind regards

Jodie McKenzie

CEO, Australian Counselling Association

We are thrilled to announce a significant milestone for the Australian Counselling Association – reaching 16,000 individual members in our vibrant Australian Counselling Association community! This achievement wouldn’t be possible without the support and dedication of our passionate members. As we celebrate this milestone, we want to express our deepest gratitude and appreciation for each and every one of you who has contributed to making the ACA community what it is today.

We have achieved these milestones with our values at centre of all we do, we would greatly appreciate a moment to reflect on these.

• Progressive: We are committed to being at the forefront of new developments and innovations in the counselling profession. We seek to drive positive change in the industry by promoting best practices, advocating for the rights of counsellors and clients, and fostering a culture of continuous improvement and growth.
• Consistent: We are dedicated to upholding the highest standards of professionalism and ethical practice among its members. We strive to ensure consistency and quality in counselling services by setting professional standards, providing training and support for members, and promoting a shared culture of excellence. Our goals and vision for our profession, in terms of equality of outcome, remain consistent in our message.
• Inclusive: We value and respect our members’ and their clients’ diverse backgrounds and experiences. We seek to foster an inclusive and welcoming culture by promoting diversity and cultural awareness and providing resources and support for counsellors who work with marginalised or underrepresented groups.
• Caring: Our community is driven by a deep sense of compassion and empathy for those needing counselling services. We seek to provide a safe, supportive, and caring environment for counsellors and clients alike, and to promote a culture of kindness, understanding, and healing.

Here at the ACA, our vision is to be the pre-eminent voice for Counsellors, representing an educated and accountable workforce that is availed the same professional opportunities as their industry peers. Our vision inspires us daily and instils us with confidence that we are making a change to the Australian mental health landscape.

Our mission is to strengthen our counselling profession, to advocate for, support, and uphold the highest standards for counsellors and psychotherapists in Australia, fostering a culture of quality care, accountability and continuous education.

As we celebrate this remarkable milestone of 16,000 individual members, let us reflect on the incredible journey we have shared and the positive impact we continue to make in the counselling profession. Thank you for being a part of our community, embodying our values, and contributing to the vision and mission of the ACA. Here’s to the continued growth, collaboration, and success of our community!

Allied Health Professions Australia (AHPA) in collaboration with the Australian Digital Health Agency (the Agency) are working to ensure streamlined access and connection to digital health products (such as My Health Record, Provider Connect AustraliaTM and e-prescribing).

To help us with this, AHPA have put together a brief survey and will use the insights to inform change and digital adoption strategies, develop resources, training and education material to support the allied health sector.

As you may already know, allied health professionals can register for and connect to My Health Record and Provider Connect Australia^TM (PCA), and through this survey we are seeking to understand what might be preventing them from using these products.

This is a great opportunity to hear directly from allied health professionals and to be part of these Government driven digital initiatives for two key reasons:

• to more easily share a consumers health information with doctors, specialists, and other members of their care team;
• to enable safe and secure use of other digital products into the future.

Link to Survey: https://healthau.au1.qualtrics.com/jfe/form/SV_cZakDdr6uwWGqxw

Minister Bill Shorten has tabled a bill to parliament to implement priority recommendations from the National Disability Insurance Scheme (NDIS) Review. The Bill is called the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024.

ACA Chief Executive Officer Jodie McKenzie and Operations Manager Angela James were in attendance at the Annual NDIS Conference, where they watched a live feed to Minister Shorten’s address to parliament.

Please note, there are no immediate changes. The proposed legislation will now be considered by Parliament. A summary of the proposed legislation is provided below.

You can also read Minister Shorten’s media release.

Minister Shorten listed four principles that guided the changes, they were:

• Making NDIS a better and streamlined experience.
• Moving the NDIS back to its intention of supporting people with significant and permanent disability.
• Creating more equality.
• Ensuring the sustainability of the Scheme. Shorten emphasised that the Federal government’s position is that the NDIS can’t keep growing at the level it is now.

These changes will take time and the Review recommended a five year transition period. This Bill is not the government’s response to the Review’s recommendation, but it is part of their response to address some priority areas.

Determining a participant’s budget

• Participant funding will now be determined by a needs assessments. The assessment isn’t about measuring a person’s level of disability, it is about working out how much support they need to live their life. The idea is that a needs assessment will be more transparent way of developing a plan.
• Funding will still be based on reasonable and necessary.
• The Bill’s explanatory memoranda said ‘The Bill provides for ‘new framework plans’ to be developed in accordance with a new budget framework.’
• Funding won’t be based on primary or secondary disability anymore. Instead, it will look at a participant’s overall needs.
• Funding in a plan can be used flexibly, but there will still be some stated supports. Participants will get an entire budget, rather than individual line items.
• Plans will, in theory, be easier for participants to understand.
• There will be clearer rules about what funding can and can’t be spent on. We don’t know yet what the restricted supports will be, we imagine it will take a while for all the many relevant parties to reach agreement.
• The definition of NDIS supports will be linked to the rights of people with disability under the UNCRPD.

Changes to the eligibility process and re-assessment of eligibility

• The eligibility information gathering process will change. Eligibility will not be dependent on having particular medical conditions, but determined the level of functional impairment.
• The Bill gives the NDIA the power to request information from the participant if they are considering revoking their participant’s eligibility to the NDIS. If the participant fails to provide the requested information, their eligibility can be revoked. People will be able to gather evidence from their treating health professionals.
• Minister Shorten said that contrary to social media speculation, psychosocial disability and autism will still included in the NDIS. But he also said that if its more appropriate for someone to be funded by another government service, they might receive foundational supports instead.
• Changes to the early intervention pathway would be co-designed with the disability community.

Quality and Safeguarding

• Minister Shorten stressed that there are many great providers out there, doing wonderful work. #NotAllProviders, but the Bill increases the ability of NDIS Quality and Safeguarding Commission to crack down on fraud and waste.
• Minister Shorten said they are waiting for the Registration Taskforce to make its recommendations on changes to the registration system.
• The Bill also prohibits people who have been banned from providing NDIS supports from being employed as auditors.

Plan management types

The Bill gives the Agency the power to change the plan management type or shorten the length of plans where there is a reasonable risk that others might seek to exploit the participant.

Operational changes for the NDIA

Minister Shorten said the NDIA will need to be more consistent in its application of the Rules. The Bill also requires the Agency to provide a clearer statement to participants about the reasons for their decisions.

Foundational supports

Information was shared about the commitment to foundational supports. States & Territories will provide $25bn for children with developmental delays. Last Monday, all Premiers met to express concern about the scale of funding that they are being expected to contribute to foundational supports, under National Cabinet agreement from December.

We look forward to sharing more information as the NDIS Review progresses.

Kind regards,
Australian Counselling Association

HAVE YOUR VOICE HEARD!

Calling counsellors who work with autistic clients!  You are invited to join us in a new research project conducted by the Curtin Autism Research Group at Curtin University in Perth, WA.

If you have experience working with autistic clients and their families, we want to hear from you!

What Is it about?

We aim to understand your beliefs, knowledge and experience delivering relationships and sexuality support for your autistic client.

What do I have to do?

You will participate in a small focus group discussion with your peers.

This could be in-person in Perth, or online.

The sessions will explore your knowledge, beliefs and experience in relation to Relationships and Sexuality Education for autistic individuals.

The session will be recorded for audio.

How much time will it take?

The focus group will take between 60 – 90 minutes.

Prior to attending, we will send you an information sheet to read, and a consent form to sign.

The session will take place before the end of June 2024.

Why Participate?

• Contribute to valuable knowledge that aims to help improve the life of autistic individuals.
• Connect with your peers around common challenges.
• Learn more about Relationships and Sexuality Education for client work.
• Help shape future policies and practices.

How to get involved:

Please contact the researcher Michaela Southby: call 08 9266 1084, or email [email protected]

You can scan the QR code below to download more information.

Curtin University Human Research Ethics Committee (HREC) has approved this study (HRE2023-0704)

One of our commitments this year is building our Indigenous workforce. We are pleased to introduce Michelle, who will be leading this initiative as our Indigenous Liaison Consultant. We look forward to sharing the meaningful impact and opportunities that she will bring to this role.

Hello, my name is Michelle Minniecon. I am a proud Torres Strait Islander and Aboriginal woman from Darnley Island and the Goreng Goreng Nations (Central Queensland). I have been a part of the Member Services Team at ACA for two and a half years now, and I love being able to support all of the members who do such an amazing job!!!

I am very proud to have been given another opportunity through ACA to embark on a journey that is close to my heart, in growing our Torres Strait Island and Aboriginal Counselling workforce and to be able to assist our Indigenous counsellors in providing a strong support network to our communities in a culturally sensitive manner. I have many years of experience in working with non-governmental organisations throughout Queensland and the Northern Territory in the legal, women’s domestic violence services, youth education programs, ATODS rehabilitation services, finance, and cultural heritage fields. I am also very appreciative of the opportunity to work from the country of the Turrbal and Yuggera peoples and respectfully acknowledge the elders past present and emerging and hope that we can form strong and respectful connections. I invite our Indigenous counsellors to connect with me via Zoom on Tuesday 23 April, at 4pm AEST for a yarn. Please contact us if you would like to participate. I am looking forward to working together with you all and hearing your thoughts.

Yawor (Goodbye) Michelle

Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. The author and publisher of this article make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the article or the information, products, services, or related graphics contained in the article for any purpose. Always consult with a legal professional for specific legal advice.

What is a Subpoena?

A subpoena is an order by the court requiring the recipient (a person or legal entity) to attend court to give evidence, to produce documents or in some cases, to do both. If you have been served with a subpoena you have a legal obligation to produce the documents sought if they are available.

If you fail to respond to a subpoena without a lawful excuse and if the court is satisfied that you have been validly served with the subpoena and given conduct money, it has the power to issue a warrant for your arrest, and you could be ordered to pay any costs caused by your failure to comply with the subpoena.

I have been subpoenaed, what should I do next?

You should satisfy yourself that the subpoena meets the requirements for a valid subpoena.

When is a subpoena valid?

• An email request, letter or an oral request by a third party are not legal requests for information and you are not legally required to provide documents.
• A subpoena must be issued in a court or tribunal of competent jurisdiction. It should bear a court seal or case number. If a subpoena does not bear a court seal or case number, you should make inquiries with the court to confirm.
• A subpoena must be served on you on or before the date specified in the subpoena as the last date for service.
• If a subpoena is served after the date of service, you are not required to comply.
• A subpoena must clearly list the categories of documents sought.

A subpoena must clearly identify the date by which the documents must be produced.

• You have been paid conduct money sufficient to meet the reasonable expenses of complying with the subpoena.
• If you are unsure what your obligations are or if the request is a valid subpoena, please seek legal advice.

Do I have to Comply with the Subpoena?

• If you are satisfied the subpoena has been validly served, then you must comply with the subpoena by either producing the documents to the court by the date specified on the subpoena as the date for production and/or attending court to provide evidence on the hearing date and time specified in the subpoena
• If you need more time to comply with the subpoena you should advise the issuer immediately and if necessary, ask them to extend the time for compliance.

Objecting to production of documents

There are many lawful reasons as to why you would not comply with a subpoena.

You do not need to comply with a subpoena if it does not meet the requirements for a valid subpoena listed above under When is a subpoena valid?

Further, you may also object to the production of documents and seek to have the subpoena set aside either wholly, or in part, if:

• The documents or things sought are irrelevant to the proceedings.
• The scope of the subpoena is too broad and or oppressive – forcing you to engage in a markedly burdensome or costly exercise such as where you are required to undertake a search of an excessively large volume of documents.
• The subpoena does not identify the documents sought with reasonable particularity – effectively leaving you guessing as to what documents are sought.
• The documents sought are privileged (legal or medical privilege).
• If a counsellor seeks to object to producing their client’s records on the grounds that the records contain sensitive information that may impact their patient’s mental health if released then in complying with the subpoena, they should provide a covering letter to the court clearly identifying the sensitive material and requesting that the court considers to whom, when and how documents the should be disclosed for instance the court may order that only the parties’ legal representatives can view the documents.
• If you intend on objecting to the subpoena, you must do so before complying with the collation and distribution of subpoena documents.

Scope of the subpoena

• The subpoena should only require the production of a document or thing which already exists, it cannot require you to create a document in order to comply with the subpoena.
• The subpoena should not require you to produce documents or things so broad or extensive that they cannot be identified or is a burden on you or the producing entity.
• The subpoena cannot require you or the producing entity to have difficulty in determining whether a document is relevant or not, eg “any bank accounts held in a false name”.
• If the documents sought in the subpoena are in vague or too broad terms, you can contact the issuing party to identify if the documents being sought can be further clarified and narrowed down. You may wish to ask them to amend the subpoena by narrowing the category of documents requested. It may help you to identify the relevance of the documents or the types of documents sought by requesting a copy of the originating proceedings.
• You should carefully consider the scope and category of the documents described in the schedule of the subpoena. Some counsellors release their entire file when this has not been requested which is a common mistake.

Who do the documents belong to?

Do you own the documents requested? Some counsellors work as subcontractors to other organisations and those organisations may own the counsellor’s notes.

If the documents were created (or are owned) by some other person or entity you should notify the same as they may wish to make objections to the subpoena or may be willing to share in the costs of making any objections (if relevant).

Do I need to inform my client?

It is always sensible to promptly inform your client of a request for production of their information to the court. However, you must make it clear that it is being done as a courtesy only and not for the purpose of seeking permission or comment. A subpoena is a court order that overrides your duty of confidentiality to a client. If you have been served with a subpoena, a client’s refusal of consent does not relieve you of your duty to comply with the terms of the subpoena.

If your client seeks to maintain the confidentiality of their medical records, you could suggest that they take action to object to the production of the information requested in the subpoena to prevent the information from being released.

I have received a subpoena that will be very costly and time-consuming to complete. Can I claim compensation for this work?

If the category of documents listed in the schedule of the subpoena is vague or too broad and will be both costly and time-consuming to collate, you may be compensated for this work. The cost of complying with subpoenas can be high given the time taken to search, verify, and collate documents. However, you must put the issuing party on notice of this before complying with the subpoena.

Further your costs to comply must be reasonable and directly related to compliance with the subpoena. Generally, the broader the category of documents the more compensation you will be entitled to for any work associated with complying with the subpoena. Such costs may typically include the following:

• Costs of collating, copying, printing or scanning documents;
• Any communications or correspondence with the issuer of the subpoena including to clarify the scope of the subpoena;
• Receiving legal advice as to the validity of the subpoena or the scope of the subpoena;
• Any necessary attendances in court.

I have been subpoenaed but I believe some of the information requested is not relevant. Can I withhold that information and what do I advise the court?

It is an offence to alter, add or remove documents including counselling notes, forming part of a client’s records upon receipt of a subpoena. All documents and notes must be provided to the court if requested in the subpoena. If you are wanting to omit or redact sections of your notes from being provided to the court or admitted into evidence, you must make a written request to the court before notifying of this before you comply with any collation and submission of subpoena schedule documents.

If you intend on objecting to the subpoena, you must do so before complying with the collation and distribution of subpoena documents.

I have received a subpoena for files older than 7 years that have been destroyed. What can I do about this?

A subpoena can only compel you to produce documents that are in your direct possession, custody or control. Therefore, destroyed documents do not fall into this category. However, to avoid repercussions for failing to respond to a subpoena, you should write to the court advising that the documents were destroyed, when they were destroyed and how they were destroyed.

Ideally, your records would not be destroyed, especially where it is known that the documents could be relevant to existing or contemplated court proceedings. If your client is a minor (under 18 years), you should keep their records on file until the client has reached the age of 25 years. In some cases, it is prudent for counsellors to retain records of a certain nature. For instance, the Royal Commission into Child Sexual Abuse in Institutional Contexts found that cases involving child sexual abuse are often raised in the future. Therefore, historical records in these cases are crucial.

How do I collate documents for a subpoena?

The broad process is:

• Gather documents listed in the subpoena – these are the only documents you are legally required to supply. No more and no less. Documents that do not fit into the scope of the subpoena should be removed.
• If you have consulted a lawyer about and received advice from same including as to compliance with the subpoena this should be kept in a separate bundle and marked “subject to legal professional privilege”.
• Seal the bundles and deliver them to the court as directed on the subpoena via DVD, USB, email to the address provided.
• Do NOT provide the documents to the issuer of the subpoena!

About the author

Aggie Vlahos

Partner, Elit Lawyers

With more than 15 years of experience in law prior to her admission to practice in 2011, Aggie Vlahos brings a unique combination of experience to Elit Lawyers at McGirr & Snell. Aggie’s diversity enables clients to engage an astute and sensitive lawyer who can navigate interconnected areas of expertise during a dispute, particularly when it comes to issues relating to family law, corporate and commercial agreements, Wills, estates and probate.

Aggie regularly provides advice to counsellors and psychotherapists in all aspects of their practice, additionally providing assistance and representation in responding to complaints including on behalf of an Insurer.

Dear Members

Great news! We have heard from the third party consultants, Allen + Clarke Consulting (“Consultants”) who will be working with the Department of Health and Aged Care on the development of the National Standards for Counsellors and Psychotherapists in Australia. ACA will be joining both the Consultants and Department of Health on Thursday 4 April 2024 to commence in the stakeholder mapping process. Stakeholder mapping is an important initial phase of any project to ensure consultation and engagement occurs with the right people, groups and/or organisations.  It helps to inform strategy, planning and future direction.

Kind regards

Jodie McKenzie

CEO, Australian Counselling Association