Young People and Counselling

Counsellors and Counselling
Confidentiality and Privacy
What are my rights in counselling?
Specialist Counsellors
Helpful Phone Numbers

Counsellors and Counselling

What is counselling?
Do counsellors fix your problems?
Do children need counsellors?
Are there special counsellors who help children?
Are there different kinds of counselling?
How does a person become a counsellor?
Does counselling always involve one counsellor and one client?
My parents or caregivers are arguing or splitting up. Can I get counselling help?


What is counselling?

A counsellor is someone to help you talk through any problems or difficulties you have or to whom you can look for assistance and support in making a difficult decision. A counsellor will encourage you to express your feelings and will explore with you the available options and solutions to help you to reach a decision that is right for you. A counsellor will not tell you what to do nor try to pressure you into taking a particular course of action. The advantage of talking things through with a counsellor is that they are trained to listen to you and help you reach your own decision. You can usually be assured that anything you say to a counsellor will not be disclosed outside the counselling situation unless you give your clear agreement. It’s a good idea to ask about confidentiality at the beginning.

Counselling is particularly helpful when you feel pressured by family, friends, teachers or others, or where you are having difficulties reaching a decision on some important matter.

Do counsellors fix your problems?

Counsellors are not problem solvers but they can work with you to help you find a way through your problems or difficulties. You will be encouraged to draw on your own resources to come up with an answer that is right for you.

Do children need counsellors?

Children experience problems and difficulties at home, at school, at work and in their personal lives and relationships. Usually they can deal with these problems and difficulties, maybe with support or guidance from their parents, their teachers, their friends or other people whom they trust. But there are some problems or difficulties that children do not want to talk over with the people closest to them. If they are feeling anxious or are unable to find a way through the difficulty a counsellor is likely to be able to help them.

Are there special counsellors who help children?

There has been a huge growth in the number of counsellors in New Zealand over the last 20 years and there are now counsellors who specialise in counselling children and young people. These include free services such as:

Telephone Counselling Services Whatsup?
Phone counselling and website:
Ph. 0800-942-8787; www.whatsup.co.nz

Kidsline, (4pm-6pm) ph: (09) 522 4223
For those aged between 9 – 13 years of age.

Youthline (11am-11pm, 7 days) Ph: 0800 376 633; www.youthline.co.nz

School Counsellors
Attached to nearly all secondary schools and some intermediate and primary schools.

Domestic Violence Counsellors
Free programmes are provided through the Family Court to assist children who have experienced family violence (including sexual or psychological abuse) whether the child has been a victim of violence or has been present when a parent or carer has been violent to another. For a Family Court Coordinator contact the nearest District Court (under ‘courts department for’ in the blue ‘government’ pages of the phone book) and ask for the Family Court office.

Accident Compensation Counsellors for children who have been sexually abused or who have suffered psychological damage as a result of an accident can be arranged through ACC,. Look under ACC in the blue ‘Government’ section in the front of the phone book.

“Sensitive Claims” contact 0800 735-566
PO Box 1426, Wellington. Fax: 04 918-7577

Victim Support
Offers assistance for children who are victims of a criminal offence. They will make a referral to a suitable counsellor. They are listed under ‘Police’ in the blue ‘government phone listings’ section in front of phonebook.

Family Planning Counsellors
Family Planning Counsellors can assist with problems of sexuality, contraception and abortion. Look under ‘Family Planning Association’ in the white pages of the phone book or log onto www.fpanz.org.nz

Counselling arranged through Child, Youth and Family Services
This is counselling for children in need of care and protection. Look under ‘Child, Youth and Family Services’ in the blue ‘Government’ section in the front of the phone book or call 0508-326-459.

Careers Counselling
Sometimes called Vocational Guidance, this is directed at assisting children to choose a career suited to their particular abilities. Some schools have a careers adviser, otherwise the school counsellor will put you in touch with a suitable career counsellor.

Free Local Counselling Services
You can find out about these from one of the telephone counselling services listed above, from a school counsellor or you local Citizens Advice Bureau (ph.0800-367-222; www.cab.org.nz). If you prefer a counsellor from your own ethnic group, this can usually be arranged.

Private Counsellors
Private Counsellors expect payment for counselling but they will usually reduce their counselling fees for children. If in doubt you should ask before counselling starts whether you have to pay, and if so, how much.


Are there different kinds of counselling?

Yes, there are many different kinds of counselling. Accident Compensation Corporation lists 40 different counselling approaches. However, most counsellors talk to you face to face, listen to what you say, put forward some ideas and suggestions for you to consider and work with you to deal with any problem or difficulty which is causing you anxiety.

How does a person become a counsellor?

There is no special qualification or accreditation needed before someone can set up as a counsellor. Anyone, whatever their background and experience, can call themselves a counsellor quite legally. Several universities and polytechnics run courses on counselling. Many counsellors are members of the New Zealand Association of Counsellors (NZAC) or other professional bodies that have a Code of Ethics and a complaints procedure for any client who is unhappy with the counsellor or the counselling. One way of making sure that a counsellor has had counselling training is to ask for details of his or her qualifications. You can also ask whether the counsellor is a member of NZAC or another professional body, and can ask to see a copy of the Code of Ethics.

Does counselling always involve one counsellor and one client?

No. Counselling sometimes involves more than one counsellor (for example a man and woman working together). In Family Counselling a whole family may be seen together by one or more counsellors. With Group Counselling, a group of people may attend programmes in anger management, alcohol or drug dependency etc.

My parents or caregivers are arguing or splitting up. Can I get counselling help?

The Family Courts can arrange for married or unmarried couples who are experiencing unhappy differences but there is no free counselling for the children. The Co-ordinator of your nearest Family Court is likely to be well informed about counselling services for children available locally, and will probably be able to put you in touch with a suitable free service. YouthLaw puts out a guide for young people called ‘When Parents Separate’ which lists counselling agencies.

Confidentiality and Privacy

Can I see a counsellor without telling my parents?
Can a counsellor speak to my parents without my consent?
When can a counsellor breach confidentiality?
What if a counsellor breaches confidentiality?
Can a school counsellor talk to the principal, teachers or students about me?
Who has access to the notes and records kept by a counsellor?
Can I ask to see the counsellor’s records?
Can a counsellor be made to answer questions about me in court proceedings?

Can I see a counsellor without telling my parents?

Yes. Children can consent to ordinary face-to-face counselling, if they are old enough to understand what counselling involves. If the counselling has some unusual aspect (such as physical or sexual touching or hypnosis) it is unlikely that a child under 16 could give valid consent.

Can a counsellor speak to my parents without my consent?

Not normally; a counsellor has a legal duty to respect your confidentiality. This means that, unless you consent, the counsellor cannot repeat to your parents or to anyone else what you tell the counsellor, or what the counsellor has observed during the counselling interview. It is always worthwhile at the beginning of a counselling interview to get the counsellor to confirm that anything you say will be treated as confidential. There are three exceptional situations where a counsellor can breach confidentiality.

When can a counsellor breach confidentiality?

A counsellor can pass on information received from a child only:

• where the child is under 17 years and the counsellor believes that the child has been, or is likely to be, harmed physically, sexually or emotionally or ill-treated, abused or neglected, the counsellor can report the matter to the Child Youth and Family Services (CYFS) or to the police.
• where the counsellor believes on reasonable grounds that there is a serious and immediate risk of harm to the child (whether self-harm or harm from a third person) the counsellor can notify the child’s parents or carers, the school, Police or CYFS.
• where the counsellor is discussing a client’s situation with a fellow counsellor who is bound by a duty of confidentiality.

What if a counsellor breaches confidentiality?

A complaint can be made to the Health and Disability Commissioner who can take disciplinary action against the counsellor. In serious cases the counsellor could be ordered by the Complaints Review Tribunal to pay damages for your humiliation, loss of dignity and the injury to your feelings as well as for any financial loss.

A complaint could also be made to the New Zealand Association of Counsellors or other professional body to which the counsellor belongs, and the body could take disciplinary action against the counsellor. The child also has a right to sue for damages for breach of confidentiality.
Contact the Heath and Disability Commissioner at (09) 373 1060 or website www.hdc.org.nz or e-mail hdc@hdc.org.nz

Can a school counsellor talk to the principal, teachers or students about me?

A counsellor cannot disclose to the Principal, to your teachers or fellow students anything that you have said to them during the counselling interviews unless you give a clear consent to the release of that information. It is not sufficient for a counsellor to say they were acting in your interests in releasing the information. The only exceptions to this rule are set out at “When can a counsellor breach confidentiality?” above.

Who has access to the notes and records kept by a counsellor?

Counsellors must ensure that their records are kept secure and that no other person has access to the records. Counselling records should be held in a locked filing cabinet to which only the counsellor should have the key. If the records are stored electronically they should be protected by a password and only the counsellor should have access. If there is a breach of your privacy you can advise the Health and Disability Commissioner at the above contact details.

Can I ask to see the counsellor’s records?

Yes. The Privacy Act says that you have a right of access to any personal information held about you and, if any of that information is incorrect, the counsellor must amend the records to correct the inaccurate information. But if you are under 16 a counsellor can refuse to disclose personal information about you on the grounds that disclosure would be contrary to your interests. You can challenge such a refusal by making a complaint to the Privacy Commissioner (see phone number at the back of this information sheet).

Can a counsellor be made to answer questions about me in court proceedings?

Sometimes counsellors are asked to give evidence in Court proceedings. There may be a dispute about child protection, paternity or custody or access in the Family Court, or there may be criminal proceedings for assault or sexual abuse and one party may think that what you said to the counsellor might be helpful to their case. If you agree to the counsellor giving evidence, then the counsellor is free to give evidence in Court. If you do not consent then the counsellor cannot give evidence of counselling interviews unless the counsellor is summoned to the Court as a witness and the Judge decides that the public interest in hearing the counsellor’s evidence outweighs the public interest in respecting your confidentiality.


What are my rights in counselling?

Rights under the Health and Disability Consumers’ Rights Regulations
Rights under the Convention on the Rights of the Child
The right not to be exploited emotionally or sexually

One important right is your right to confidentiality and privacy. Counsellors must take great care not to breach client confidentiality by talking about your affairs to your parents or in the staff room. They must not leave your file in a waiting room or public place and must make sure that counselling notes and records are carefully and securely stored.

Rights under the Health and Disability Consumers’ Rights Regulations

The Code of Health and Disability Consumer’s Rights applies to counselling clients and gives you:

• a right to be treated with respect and in a manner that respects your dignity and independence (Rights 1(1) & 3).
• a right to be provided with a service that takes into account your needs, values and beliefs and your cultural, religious and ethnic background (Right 1(2)).
• a right not to be coerced, harassed, discriminated against or exploited (Right 2)
• a right to be counselled with reasonable care and skill (Right 4(1)).
• a right to choose to receive counselling or to refuse counselling (Right 7(1)).
• a right to information about the nature of counselling, the options available to you and your right to make an informed choice about the counselling offered (Rights 6(1)(b) & 7(1)).
• a right to have a support person present during counselling interviews (Right 8)
• a right to complain and have your complaint considered seriously (Right 10)

Rights under the Convention on the Rights of the Child

Under 18-year-olds have rights under the Convention on the Rights of the Child including:

• a right to express their views freely in all matters that affect them and to have their views taken seriously (Article 12)
• a right to receive and impart information and ideas of all kinds (Article 13)

The right not to be exploited emotionally or sexually

Counsellors are usually warm, friendly people and they encourage children to talk openly about matters that are troubling them, including very personal and sensitive matters. Children often see their counsellor as a sympathetic and caring friend.

It is unethical for a counsellor to cross professional boundaries and become emotionally or sexually involved with a client. Even if the client is willing, a sexual relationship between counsellor and client is unacceptable and the counsellor could face disciplinary proceedings before his or her professional body, or proceedings brought about by the Health and Disability Commissioner. The client could make a complaint of sexual harassment through the Human Rights Commission and could recover damages for humiliation, loss of dignity and injured feelings.


Specialist Counsellors

School Counselling
Family Violence Counselling
Counselling About Contraception And Abortion
Adoption Counselling
Sexual Abuse Counselling
Psychological Counselling

School Counselling

The Principal of every school has a legal duty to take all reasonable steps to ensure that students get good guidance and counselling (s77(a) Education Act 1989). Nearly all secondary schools have school counsellors who are usually teachers with a specialist qualification. Some intermediate and primary schools also have school counsellors – contact your school counsellor or the Ministry of Education.

Because school counsellors are part of the teaching staff and are answerable to the Principal and the Board of Trustees they are sometimes under pressure to breach student confidentiality, but they have a clear legal obligation to preserve the confidentiality of students. Sometimes counsellors are asked to write a report on a student for the Principal or the Board but they should always clear the report with the student before handing it over. Most school counsellors are members of the New Zealand Association of Counsellors and are bound by its Code of Ethics. A complaint of unprofessional conduct can be made to the Association PO BOX 105, HAMILTON or to the Health and Disability Commissioner (see the phone number at the back of this information sheet).

Family Violence Counselling

Programmes are provided free of charge to children who have suffered physical, sexual or psychological abuse or have witnessed violence in their home. Children cannot be required to attend a programme against their wishes. The aim of the programmes is to help the child deal with the effects of family violence including feelings of hurt, pain, guilt, shame or isolation. Programmes also aim to ensure that the child will be safe in future by developing a support network and learning social skills to deal with conflict. Contact the nearest District Court (under ‘courts department for’ in the blue ‘government’ pages of the phone book) and ask for the Family Court office for programme details.

Counselling About Contraception And Abortion

The law was changed some years ago and it is no longer illegal for a counsellor to provide under 16-year-olds with contraceptive information or contraceptives. Only a qualified doctor can fit a contraceptive device. The counsellor is not required to obtain the consent of the young person’s parents although s/he may encourage the young person to discuss the situation with the parents. A young person can agree to an abortion at any age but, by law, any woman considering an abortion must have access to adequate counselling services. Specialist counsellors are available to any woman considering an abortion. They must not put pressure on the woman either to have an abortion or to continue the pregnancy, and they must have the knowledge to explain the various options open to the woman. Contact the nearest Family Planning Association listed in the white pages of the phone book.

Adoption Counselling

If you are adopted and wish to trace your birth parents you can, at the age of 20, obtain a copy of your original birth certificate and you may be able to obtain additional information from the Adoption Unit of Child, Youth and Family. You will be offered free counselling by an approved adoption counsellor to help you understand the implications of the information you have been given, and to talk over what you want to do with the information. Contact the nearest Adoption Information and Services Unit of the Department of Child, Youth and Family Services (under ‘child, youth and family’ in the blue ‘government’ pages of the phone book).

Sexual Abuse Counselling

There are a number of counsellors and counselling agencies that offer sexual abuse counselling to children. Accident Compensation (ACC) will normally meet the cost of counselling. You can contact a counsellor or agency directly or ask an adult to help. A list of counsellors accredited by ACC can be obtained from your local ACC office (Contact the Sensitive Claims Unit of ACC for more information). ACC pays lump sum compensation for victims of sexual abuse if the abuse happened on or after 1 April 2002. If it was before then, you may be able to sue the abuser for ‘exemplary damages’ for the psychological damage suffered as a result of the abuse, in serious cases. You would need to speak to a lawyer about this.

Psychological Counselling

When parents or caregivers are arguing aboutday-to-day care ofa childthe Court sometimes appoints a psychologist to talk to the children and to advise the Judge on the children’s wishes and the closeness of their relationship with each parent (known as ‘attachment’). The psychologist has to write a report for the Court and it is for the Court to decide whether the children should see the report. A copy of the report will be give to the child’s lawyer (‘Counsel for the Child’). The psychologist will often use counselling techniques but is not strictly speaking or acting as a counsellor because s/he is acting on the directions of the Court. Psychologists writing reports for the Court do not owe a duty of confidentiality to their child client. The Courts sometimes direct that children involved inparenting orderproceedings receive counselling and this is usually arranged by Child, Youth and Family Services at no cost to the child or the parents.

Contact Child, Youth and Family Services on ph.0508-326-459 for more information.


Helpful Phone Numbers

Whatsup?
Phone counselling and website:
Ph. 0800-942-8787; www.whatsup.co.nz

Kidsline (4-6pm for children aged between 8-13 years of age). Ph (09) 522 4223

Youthline phone counselling and website (11am-11pm 7 days)
Ph: 0800 376 633; www.youthline.co.nz
www.urge.org.nz

The Office of the Privacy Commissioner: Ph: 0800 803 909

Health and Disability Commissioner:
Ph: (09) 373 1060 or E-mail hdc@hdc.org.nz or Website www.hdc.org.nz

Domestic Violence Counsellors:
Contact the nearest District Court (under ‘courts department for’ in the blue ‘government’ pages of the phone book) and ask for the Family Court office.

Accident Compensation – Sensitive Claims
Ph 0800 735 566 or Fax (04) 918 7577

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