Terms & Conditions

1. Introduction

1. 1.1 Welcome to Mt Barker/Balhannah Medical Clinics. These Terms explain how the Business’s fees, billing, payment obligations, booking restrictions, privacy-related obligations and dispute procedures apply when the Customer books, attends, receives or otherwise uses the Services.
2. 1.2 By booking, attending, receiving or otherwise using the Services, the Customer agrees to be bound by these Terms to the extent permitted by law.
3. 1.3 Nothing in these Terms prevents a patient from seeking urgent medical assistance. In a medical emergency, the patient should call 000 or attend the nearest hospital emergency department.
4. 1.4 The Business may decline, defer, suspend or restrict non-urgent Services, including non-emergency appointments, where permitted by law and clinical judgment, including where an account is overdue, required information has not been provided, or safety concerns arise.

2. Definitions

1. 2.1 "Agreement" means the contract formed between the Business and the Customer, consisting of these Terms and any other documents or agreements referenced in them.
2. 2.2 "Business" means Balmed Pty Ltd (ACN 088 127 940) as trustee for Balmed Service Trust t/a Mt Barker/Balhannah Medical Clinics (ABN 17 645 107 235), including its successors and assigns.
3. 2.3 "Customer" means the patient, parent, guardian, carer, company, organisation or other person or entity receiving, arranging or paying for the Services, including that party’s successors and assigns.
4. 2.4 "Medicare" means Medicare Australia and any related rebate, benefit, claim, item number, cheque or payment process applicable to eligible medical services.
5. 2.5 "Private Fee" means any fee payable by the Customer for Services that are not bulk billed or are not fully covered by Medicare, an insurer, an employer or another third party.
6. 2.6 "Services" means the medical, administrative and related services provided or arranged by the Business or practitioners practising from the clinics, and includes all private consultations, procedures and related medical services.
7. 2.7 "Terms" means these standard terms and conditions, as amended from time to time.

3. Fees and mixed billing

1. 3.1 The Business operates on a mixed-billing basis. Not all consultations, procedures or Services are bulk billed.
2. 3.2 Fees may vary depending on the practitioner, appointment type, procedure, eligibility for Medicare benefits, concession status and any applicable third-party payment arrangement. The Business will make reasonable efforts to provide current fee information before or at the time of booking, but the Customer remains responsible for confirming applicable fees before receiving the Services.
3. 3.3 Bulk billing is strictly reserved for children under 10 years old and patients with a valid Pensioner Concession Card for eligible Medicare items, unless the Business or treating practitioner agrees otherwise.
4. 3.4 If the Customer does not meet the bulk billing criteria, the Customer must pay the applicable Private Fee.
5. 3.5 Independent doctors and specialists practising from the clinics may set their own fees. Some practitioners may charge higher rates or choose not to bulk bill. Concession discounts may not apply to specific procedures, services or specialised practitioners.

4. Payment

1. 4.1 Payment is required in full on the day of the appointment, immediately after the consultation or Service is completed.
2. 4.2 If the Customer’s card payment fails or another payment method is declined, staff may securely note the failed payment on the Customer’s file. The Customer must pay the outstanding balance within 24 hours by phone, online payment portal or another method approved by the Business.
3. 4.3 To book a telehealth appointment or an outside or car-park consultation, the Customer must provide valid credit card details at the time of booking. The Business may check or pre-authorise the card before the appointment and process the applicable payment immediately after the consultation is completed.
4. 4.4 If the Customer pays only the clinic gap fee and Medicare later sends a physical cheque to the Customer’s residential address made out to the treating practitioner, the Customer must promptly deliver or post that cheque to the clinic within 14 days. If the cheque is not provided within 14 days, the Business may bill the card on file or issue an invoice for the full unreimbursed private amount, less any amount already paid.
5. 4.5 The Customer authorises the Business to process payments using the payment details provided to the Business for amounts properly payable under these Terms, including unpaid balances, failed payments, Medicare cheque shortfalls, approved payment plans and reasonable debt recovery and legal costs, where permitted by law.

5. Customer information and billing details

1. 5.1 The Customer must provide accurate, complete and current information reasonably required by the Business to provide the Services, process bookings, manage billing, submit Medicare or third-party claims and communicate about care and accounts.
2. 5.2 The Customer must promptly notify the Business of any change to contact, billing, Medicare, insurer, guardian, authorised representative, employer or third-party payment details.
3. 5.3 The Business is not responsible for delays, rejected rebates, incorrect billing or other consequences caused by inaccurate, incomplete or outdated information provided by the Customer.

Back to contents

6. Third-party claims, reports and newborns

1. 6.1 If the Customer attends the clinic for a WorkCover, employer, insurer or other third-party claim, the Customer remains personally responsible for payment unless and until the Business has received full payment from the relevant third party.
2. 6.2 If an employer, insurer, WorkCover SA or other third party rejects the claim, fails to approve payment, delays payment beyond 30 days or pays only part of the amount owing, the Customer must pay the outstanding balance to the Business and seek reimbursement independently.
3. 6.3 Medical reports requested by private lawyers, independent employers, life insurers, or other private third parties are not covered by Medicare. These private requests must be paid for in full before the practitioner writes or releases the documentation, unless the Business agrees otherwise in writing. In accordance with South Australian legislation, the prepayment policy does not apply to statutory compensation schemes. The Business will bill the managing entity directly upon completion of the report according to their gazetted frameworks.
4. 6.4 If a newborn baby does not yet have an active Medicare card or registration details, the Customer must pay the full private fee on the day. The Business will issue a detailed tax invoice and receipt so that the Customer can claim any available rebate directly from Medicare once registration is completed.

7. Separated parents and joint custody families

1. 7.1 For children of separated, divorced or jointly responsible parents or guardians, the person who books or accompanies the child to the appointment is responsible for payment on the day.
2. 7.2 This payment responsibility applies regardless of any external family court orders, parenting arrangements, child support agreements or private arrangements between parents or guardians, except where the Business has agreed otherwise in writing.
3. 7.3 The Business will not enter into disputes between parents or guardians about payment. The Business will not divide bills, issue separate invoices to a non-attending parent or guardian, or delay payment processing while family expenses are negotiated.
4. 7.4 If the primary account holder on a family file owes an outstanding balance to the Business, the Business may suspend or restrict future non-emergency booking privileges for that family account until the balance is paid or an approved payment arrangement is in place.

8. Booking restrictions and safe conduct

1. 8.1 If an individual patient account remains unpaid for 90 days, the Business may suspend or restrict non-emergency booking access until the account is paid or an approved payment arrangement is in place.
2. 8.2 The Customer must behave respectfully and safely when dealing with practitioners, staff, contractors, other patients and visitors.
3. 8.3 The Business may refuse, suspend or restrict non-emergency Services where the Customer engages in threatening, abusive, discriminatory, harassing, violent or otherwise unsafe conduct, or where the Business reasonably considers that providing non-emergency Services would create an unacceptable risk to staff, practitioners, other patients or visitors.
4. 8.4 Suspended or restricted patients must not attempt to avoid billing or booking restrictions by booking an appointment under another person’s name, including a child or family member, and then requesting treatment or advice during that consultation.
5. 8.5 Except in cases of immediate medical emergency, practitioners may refuse to treat or provide casual advice to a suspended or restricted patient during another person’s appointment and may direct that patient to reception to resolve the account or booking restriction.

9. Cancellations, non-attendance and late arrival

1. 9.1 The Business may require reasonable notice for appointment cancellations or changes. If the Customer fails to attend, cancels late or arrives too late for the appointment to proceed, the Business may charge a non-attendance, late cancellation or administrative fee where permitted by law and disclosed by the Business.
2. 9.2 Repeated non-attendance, late cancellation or late arrival may result in booking restrictions for non-emergency Services.
3. 9.3 The Customer acknowledges that if they are unable to attend the appointment, they will need to call reception no less than 2 hours prior to their appointment.

10. Financial hardship and payment plans

1. 10.1 If the Customer is experiencing severe or sudden financial distress, the Customer should notify the Business before the appointment commences.
2. 10.2 Front-desk staff and supervisors are not authorised to grant discounts or informal payment extensions. Any financial hardship arrangement must be approved by the practice manager or another authorised representative of the Business.
3. 10.3 The Customer may be required to complete and sign a formal Financial Hardship and Payment Schedule Form. Unless and until a written payment arrangement is approved, the full amount remains due and payable.

Back to contents

11. Overdue accounts and debt recovery costs

1. 11.1 Where an account remains unpaid for 90 days, the Business may commence debt recovery procedures.
2. 11.2 The Business may apply an administrative fee to the outstanding balance to cover additional billing and administrative costs.
3. 11.3 The Customer agrees to pay all reasonable costs incurred by the Business in recovering overdue amounts, including debt collection commission, field agent expenses and solicitor-client legal costs, where permitted by law.

12. Privacy and confidentiality

1. 12.1 The Business collects, uses, stores and discloses personal information and health information as necessary to provide the Services, manage appointments and billing, communicate with patients and authorised representatives, process Medicare and third-party claims, comply with legal obligations and operate the clinics.
2. 12.2 The Business will handle personal information and health information in accordance with applicable privacy laws and its privacy policy.
3. 12.3 The Customer authorises the Business to communicate with Medicare, insurers, employers, debt collection agencies, legal advisers and other relevant third parties where reasonably necessary to administer bookings, billing, claims, debt recovery, complaints or legal obligations.
4. 12.4 The parties must keep confidential all information disclosed by one party to the other under or in connection with the Agreement that is marked or identified as confidential or would reasonably be considered confidential, except to the extent required by law, authorised by the relevant person, or necessary to perform obligations under the Agreement.
5. 12.5 This confidentiality obligation continues after the termination or expiration of the Agreement.

13. Complaints and dispute resolution

1. 13.1 If the Customer has a concern about fees, billing, service administration or these Terms, the Customer should contact the Business as soon as possible so the matter can be considered and, where appropriate, resolved promptly.
2. 13.2 The parties agree to attempt to resolve disputes in good faith through direct communication. If a dispute cannot be resolved within 30 days, either party may refer the dispute to mediation administered by the Australian Commercial Disputes Centre in accordance with its guidelines, unless urgent relief is required or the matter is unsuitable for mediation.
3. 13.3 Nothing in this clause prevents a patient from making a complaint to an applicable health, privacy, consumer or professional regulator.
4. 13.4 If mediation fails to resolve the dispute, either party may pursue any legal remedies available to them.

14. Limitation of liability and consumer guarantees

1. 14.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or liability that cannot lawfully be excluded, restricted or modified.
2. 14.2 To the maximum extent permitted by law, the Business is not liable for indirect, consequential or special loss arising from or connected with the Services, bookings, billing, Medicare claims, third-party claims or these Terms.
3. 14.3 The Customer remains responsible for obtaining any urgent, emergency or specialist medical care recommended or required outside the Services provided by the Business.

15. Termination or restriction of Services

1. 15.1 The Business may suspend, restrict or terminate the Customer’s access to non-emergency Services where the Customer breaches these Terms, fails to pay amounts when due, provides false or incomplete information, engages in abusive or unsafe conduct, or otherwise makes it inappropriate or unsafe for the Business to continue providing non-emergency Services.
2. 15.2 Any suspension, restriction or termination does not affect the Customer’s obligation to pay amounts already owing.
3. 15.3 Clauses concerning payment, debt recovery, privacy, confidentiality, dispute resolution, limitation of liability, governing law and any other clause intended to survive will continue to apply after termination.

Back to contents

16. Changes to these Terms

1. 16.1 The Business may update these Terms from time to time. The version that applies is the version made available to the Customer at or before the time of booking or receiving the relevant Services, unless otherwise required by law.
2. 16.2 Material changes will not apply retrospectively to fees or Services already provided, except to the extent permitted by law.

17. Force majeure

1. 17.1 The Business will not be liable for any failure to perform or delay in performing its obligations under the Agreement if the failure or delay is caused by an event beyond its reasonable control, including acts of God, war, terrorism, strikes, lockouts, industrial action, natural disasters, epidemics, pandemics, governmental restrictions, technology outages, or failure of suppliers or subcontractors.
2. 17.2 During a force majeure event, the Business may suspend performance of affected obligations, reschedule affected appointments or terminate affected Services without liability, to the extent permitted by law.

18. Governing law and jurisdiction

The Agreement is governed by and construed in accordance with the laws of South Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia for any legal action or proceeding arising out of or in connection with the Agreement.

19. Entire agreement

The Agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior agreements, negotiations and discussions, whether oral or written. No amendment to the Agreement will be effective unless it is in writing and signed or otherwise accepted by authorised representatives of both parties, except for updates made in accordance with the clause titled “Changes to these Terms”.

20. Severability

If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be read down or severed to the extent necessary, and the remaining provisions will remain in full force and effect.