Terms, consent & liability

1. About these terms

Banksia Care (ABN 33 684 306 198) operates as a registered NDIS provider and aged care service provider in New South Wales. These terms govern the relationship between Banksia Care and participants, families, carers, visitors and any other individuals who access our services, attend our facilities or participate in our programs.

By engaging with Banksia Care services or attending Banksia Care facilities, you agree to these terms. Where a participant is unable to consent independently, consent is provided by their authorised representative, guardian or nominee.

These terms are in addition to, and do not replace, any service agreement, NDIS plan terms, aged care agreement or other formal documentation entered into with Banksia Care.

2. Photography, video and image consent

Banksia Care may take photographs, video recordings or other images of participants, families and visitors during programs, events, activities and at our facilities for the purposes of:

• Documenting participant progress and program delivery
• Internal training, quality assurance and staff development
• Marketing, promotional and social media content (website, Facebook, Instagram, LinkedIn, TikTok)
• Grant applications, funding reports and stakeholder communications
• Media releases and community engagement

Consent is required before any image is used publicly.

Banksia Care will seek explicit written consent from participants (or their authorised representative) before using any photograph, video or image in a public-facing context. Consent forms are provided as part of the intake and service agreement process.

Consent is voluntary. Declining consent for photography will not affect access to services, programs or facilities in any way.

Consent may be withdrawn at any time by contacting Banksia Care in writing. Images already published prior to withdrawal will be removed as soon as reasonably practicable.

Where a participant lacks capacity to consent, consent is obtained from their legal guardian, authorised representative or nominee in accordance with applicable legislation.

3. Gallery and social media

Banksia Care maintains a gallery of images and videos on its website and social media platforms. All images in the gallery are used only with the explicit written consent of the individuals depicted (or their authorised representative).

Banksia Care does not publish images of participants in a way that identifies them by name, disability, diagnosis or personal circumstances without specific consent for that purpose.

Third parties (including family members and visitors) must not photograph or record other participants at Banksia Care facilities or events without the explicit consent of those individuals (or their authorised representative). This applies at The Hub, during programs, at community events and during any Banksia Care activity.

Banksia Care reserves the right to ask any person to stop recording or to delete images taken without consent.

4. Liability

Banksia Care takes all reasonable steps to ensure the safety and wellbeing of participants, families and visitors at its facilities and during service delivery. However, to the extent permitted by law:

• Banksia Care is not liable for any loss, damage, injury or harm arising from participation in programs or activities where the participant (or their representative) has been informed of relevant risks and has provided consent.
• Banksia Care is not liable for loss or damage to personal property brought to Banksia Care facilities or events. Participants and visitors are responsible for their own personal belongings.
• Banksia Care is not liable for any indirect, consequential or special loss arising from the provision of, or failure to provide, services, except where such liability cannot be excluded under applicable law (including the Australian Consumer Law).
• Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited.

Where Banksia Care is found liable, liability is limited to the cost of re-supplying the relevant service, or the amount paid for that service, whichever is lesser, to the extent permitted by law.

5. Indemnity

By accessing Banksia Care services, facilities or programs, participants, families and visitors (where applicable) agree to indemnify and hold harmless Banksia Care, its directors, staff, contractors and agents from and against any claim, loss, damage, cost or liability arising from:

• Any breach of these terms by the participant, family member or visitor
• Any wilful, negligent or unlawful act or omission by the participant, family member or visitor
• Any inaccurate or incomplete information provided to Banksia Care that affects service delivery or safety
• Failure to disclose relevant medical, behavioural or safety information that Banksia Care reasonably required to deliver services safely

This indemnity does not apply to the extent that the relevant loss or damage was caused or contributed to by the negligence or wilful misconduct of Banksia Care.

6. Participant safety and disclosure obligations

Participants, families and authorised representatives are required to disclose to Banksia Care any information that is reasonably relevant to the safe and effective delivery of services. This includes but is not limited to:

• Medical conditions, diagnoses and current medications
• Known behavioural triggers, de-escalation strategies and behaviour support plans
• Allergies, dietary requirements and physical health needs
• Mobility, continence and personal care requirements
• Communication needs and preferences
• Any court orders, guardianship arrangements or legal restrictions relevant to service delivery

Banksia Care reserves the right to decline or suspend service delivery where relevant information has not been disclosed and this creates a risk to the participant, other participants or staff.

7. Behaviour and conduct

Banksia Care is committed to providing a safe, respectful and inclusive environment for all participants, families, staff and visitors. All individuals attending Banksia Care facilities or programs are expected to:

• Treat staff, participants and other visitors with respect and dignity
• Follow reasonable directions from Banksia Care staff
• Not engage in behaviour that is threatening, abusive, discriminatory or unsafe
• Not bring prohibited items (including weapons, illegal substances or alcohol) onto Banksia Care premises

Banksia Care reserves the right to remove any individual from its premises or programs where their conduct poses a risk to others or is inconsistent with these expectations. This does not affect a participant's right to raise a complaint through the formal complaints process.

8. Service agreements and NDIS obligations

These terms are supplementary to any service agreement entered into between Banksia Care and a participant or their representative. In the event of any inconsistency between these terms and a signed service agreement, the service agreement prevails to the extent of the inconsistency.

Banksia Care operates in accordance with the NDIS Act 2013, the NDIS Practice Standards, the NDIS Code of Conduct and all applicable aged care legislation and standards. Nothing in these terms limits Banksia Care's obligations under those frameworks.

9. Changes to these terms

Banksia Care may update these terms from time to time. The current version will always be published on this page with the date of last update. Continued engagement with Banksia Care services following an update constitutes acceptance of the revised terms.

Where a change materially affects existing service agreements, Banksia Care will notify affected participants or their representatives directly.

10. Governing law

These terms are governed by the laws of New South Wales, Australia. Any dispute arising from these terms will be subject to the exclusive jurisdiction of the courts of New South Wales.

11. Contact

For questions about these terms, consent requests or to withdraw consent: