Document ID: chunk:federal_register_of_legislation:F2024N00985:clause:1_17:p1
Version: federal_register_of_legislation:F2024N00985
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 47957–51590

17  Client Consent and Agreement
 1.    Providers must comply with relevant state and territory legislation to meet power of attorney, legal guardianship and administration requirements.
 2.    Program documents, forms and agreements that require client signature must be signed by using one of the acceptable methods in section 17.
 3.    Depending on the form or agreement in use the program accepts that if a client or provider representative is required to 'sign and date' a form, the following methods may be available for use. The table in subsection 7 (below) sets out which methods are acceptable for which forms.
        1.    Physical / digital:
           (i) Physical signature
           (ii) Electronic signature
           (iii) Text message
           (iv) Email
        2.    Verbal
        3.     Audio recording
 1.    Where a form has been sent to a client via text message or email, the client must be identifiable, and any responses must be captured on the client record.
 2.    For text message consent;
         1.    all text messages must be sent to the mobile phone number that is held on the client's record; and
         2.    the provider must take reasonable steps to confirm the identity of the client; and
         3.    all text messages including client response must be kept on the client's record including when the client moves to another provider.
 3.    For email consent;
         1.    all emails must be sent to the email address which is listed on the client's record; and
         2.    the provider must take reasonable steps to confirm the identity of the client; and
         3.    all emails and client responses must be kept on the client's record including when the client moves to another provider.
 4.    For audio recordings;
          1.    clients must be informed and give consent to the audio recording; and
          2.    the provider must take reasonable steps to confirm the identity of the client; and
          3.    the contents of the form must be read aloud to the client before the client can provide verbal agreement; and
          4.    the recording must be kept on the client's record including when a client moves to another provider; and
          5.    the recording must contain the date and time it was made.
 5.    The table below outlines the acceptable methods of obtaining consent for program forms and templates:

Form                                               Verbal                                              Physical  /Digital                                        Audio Recording                                           Evidence Required
(1) Claim for Payment/Tax Invoice                  No                                                  Yes                                                       No                                                        Form - physical / digital only

(2) Client Application                             Yes – verbal agreement and read out privacy notice  Yes                                                       Yes                                                       Portal - verbal agreement (tick box signed) and read out privacy notice
                                                                                                                                                                                                                           Form - physical / digital only
(3a) Client relocation – to process in the portal  Yes                                                 Not required until services are provided – see item (3b)  Not required until services are provided – see