1
Q
Why do psychologists need to understand legislation?
A
- PsyBA requires registrants to understand and apply legislation to professional practice
- Understanding the law promotes highest standards of practice. Maintains own and profession’s integrity and standing within the community.
- Need to keep up to date with the law. Failure to act accordingly places at risk of penalties - reprimand, cancellation of registration
- Possibly have responsibilities in the organisations in which they work (eg. schools, hospitals). Legal responsibilities.
2
Q
Explain psychologists’ regal responsibilities in organisations
A
- Organisations are legally responsible for the behaviour of their employees.
- If the organisation offers training in the law and has relevant policies and procedures, and you do not abide by then, YOU become liable.
- if the employee does not understand their legal responsibilities, then the employer becomes liable for the employee’s actions.
3
Q
What is a legislation?
A
Any law passed and approved by the government in the form of an act.
4
Q
What is an act
A
A series of statements in the form of a document that sets out legally binding principles prescribing how a situation should be death with - eg. privacy issues
basically a set of rules to be followed
5
Q
What are commonwealth acts?
A
These apply nationally.
6
Q
What are state and territory acts?
A
- apply specifically to that state or territory.
- Usually adapted from commonewalth acts to apply specifically to a state or territory
7
Q
What are some acts psychologists, employees and employers should be aware of?
A
- The Information Privacy Act 2000
– Privacy Amendment (Private Sector) Act 2000
– Children’s and Young Persons Act 1989
– Mental Health Act 1986
– Health Records Act 1985
– Health Practitioner Regulation National Law Act 2009 - Occupational Health & Safet yAct 2004
– Workers’ Compensation Act 1958
– Disability Services Act 1991
– Public Sector Management and Employment Act 1998 - Guardianship Act 1986
– Freedom of Information Act 1992
– Equal Opportunity 1995
– Victims of Crime Assistance Act 1996
– Health Services Conciliation and Review Act 1987
8
Q
What is case and common law?
A
Any body of law that arises out of judges’ opinion in deciding cases within courts.
- incoporates the courts’ decision on individual criminal and civial cases, and interpretations of legislation and regulations.
- courts treat decisions of higher courts as binding when deciding similar legal disputes - PRECEDENT
9
Q
Describe the Tarasoff case
A
Tarasoff vs Regents of the university of caligornia supreme court of california 1976
- client made threats against a woman he had been dating
- he later killed the woman
- court found psychologist failed in his duty of care to protect an intended victim from a client’s behaviour.
- duty extended beyond notifying the police, to warning the victim
not binding in aus, but is good for guidance.
10
Q
What is the privacy legislation?
A
- refers to individuals’ legal rights to have their personal and health information kept private and secure.
- privacy gives people the confidence to access health services that they may need
- law specifies who can collect, use, keep, secure and disclose private info
- indicates that disclosure should be within individuals consent wherever possible.
- people have the right to make complaints
11
Q
What are the 3 privacy laws that apply in Victoria?
A
- Health Records Act 2001 (Vic)
- Information Privacy Act 2000 (Vic)
- Privacy Amendment (Private Sector) Act 2000 (Commonwealth)
12
Q
What is the Health Records Act 2001 (Vic)?
A
One of the privacy laws in Victoria
Covers all personal health info held by public and private companies that provide a health service or hold info.
Health info is covered by a specific act because it is one of the most sensitive of private information.
Breach = disclosing health information that someone might overhear in convo
13
Q
What is the Information Privacy Act 2000 (Vic)
A
One of the privacy laws in victoria.
- Covers most personal information, other than health, held by public companies, state and local government.
14
Q
What is the Privacy Amendment (Private Sector) Act 2000 (Commonwealth)
A
One of the privacy laws in victoria.
- Covers most personal and health information held by public companies and most private companies including private practices.
- specifies 10 privacy principles
- there has been a further Act which changed the number of privacy principles to 13 principles…. (2012)
15
Q
What are some other privacy laws (other than the main 3)
A
- Surveillance devices act
- telecommunications act
- local government act
- equal opportunity act
16
Q
What do the privacy laws cover?
A
3 Types of information:
- Personal - name, address, age, finance, education, employment.
- Sensitive - religious views, ethnic background, political opinions, criminal record.
- Health - diagnoses and treatments, disability, medications and health concessions.
17
Q
What are privacy principles?
A
- These are outlined in privacy laws.
- there are currently 13.
- sets standards on how to collect, store, use and disclose personal information.
organisations should provide clients with a sheet of information that details how they deal with clients’ personal info
18
Q
What do the privacy laws suggest with complaints?
A
- Complaints can be made if a client believes their or someone elses’ private information has been mishandled.
- Privacy laws recommend steps in attempting to resolve the clients’ complaints before resorting to legal action.
- includes attempting to resolve the issue directly with the service provider…
then..
making a formal complaint to the appropriate commissioner…
..service provider is then given a chance to respond, prior to the complaint going to conciliation (formal process for handling disputes).
19
Q
When is it appropriate to use the term mandatory reporting?
A
Child abuse
More to do with the client at risk
20
Q
When is the term mandatory notification used?
A
- used by AHPRA
- refers to responsibility for registered health practitioners to report on the health, conduct and performance of registered practitioners who may be creating risk for clients.
- Voluntary notifications may also apply in some circumstances.
more to do with something going on with the practitioner, which may then affect client
21
Q
In Victoria, what is the view on reporting child abuse/neglect?
A
- It is not mandatory in Victoria for psychologists
- it is mandatory for other professionals such as teachers.
- it is mandatory for psychs in SA, Tasmania and NT.
- there is a moral obligation for victorian psychologists though.
- May be mandatory as a requirement of a psychologists’ employment in victoria - eg. if working as family and child counsellars and mediators.
22
Q
Where is it mandatory to report child abuse/neglect?
A
- Tas, SA and NT.
- ACT, NSW and QLD mandate psychologists working in specific roles - eg. school counsellor.
- Nationally, under the Family Law Reform Act, psychologists working as family and child counsellors and mediatorys must report child abuse or neglect.
23
Q
What is the family law reform act
A
This is a commonwealth legislation that mandates all psychologists working as family, child counsellors and mediators must mandatorily report child abuse or neglect.
24
Q
When can a psychologist decide to report child abuse/neglect?
A
- psychologists only need a reasonable belief or suspicion to act.
- law protects psychologists if they report in good faith
- physical, emotional, sexual and neglect.
moral reporting may also apply to other vulnerable clients - elderly and disabled.
25
What does the Crimes Amendment (protection of children) act 2014 say
- any adult who holds a reasonable belief that a sexual offence has been committed in victoria by an adult against a child under 16, disclose that to police
- legislation is limited to child SEXUAL abuse and does not apply to other forms of abuse - neglect, physical abuse.
26
Are psychologists required to report criminal activity?
- No, psychologists are not mandated to report criminal offences, such as theft
- there are some exceptions:
. when duty of care is compromised - including where failure to act could cause harm
. when it involves an act of treason
. if it is required by court of law
. psychologists working in forensics may be mandated.
----> it's illegal to accept a bribe to keep quiet about a crime
---> moral obligation is left to psych's discretion.
---> need to consider if they might re-offend, any implications for harming themselves or others, changes in the law, state requirements and psychologists' employment obligations
---> CODE OF ETHICS says that psychs have an ethical responsibility to report real or alleged crime or a clients' intention to commit if there is a risk that someone might be harmed or duty of care compromised.
27
are provisional psychologists bound to mandatory notifications/reports ?
Yes.
provisional psychologists aren't considered students under the national law, but are instead considered health practitioners. Thus, have the same obligations as fully registered psychologists.
28
When is consent required when working with minors?
- Legally must obtain parental consent before undertaking treatment when under 16 years.
HOWEVER
- young person may give consent if they are deemed "mature"
29
When is a young person deemed mature and what does this mean?
- Legally, parental consent must be obtained before treating a minor under 16.
- However, when a minor is deemed mature, they can give consent.
- Judgement of maturity is left to health professionals, and is based on a young client's ability to make an informed decision.
- Generally some 14-15 yr olds can be regarded as mature.
30
How do the privacy principles apply to minors?
- Applies as per usual but with some exceptions.
- Psychs must keep all privacy principles in mind in relation to collecting private information and maintaining confidentiality.
- particular emphasis if a minor is deemed 'mature' to give consent.
exceptions are...
- can share info if parent/guardian is also a client with the minor
- if parent/guardians legal responsibility takes priority over the minor's request for confidentiality
- if determined by law - eg. court....
31
Consent from seperated parents of minors?
- no need to have consent from both parents.
| - but check with psyBA or APS for advice on specific cases.
32
Describe consent when working with prisoners?
- prisoners who are directed by court of law to attend psych treatment may forfeit their rights to give consent.
- still helpful to get their consent for therapeutic alliance.
if client refuses treatment, psychologists should seek advice from APS, PsyBA or senior psych.
33
Describe consent when working with intellectually disabled/mentally ill clients.
- get consent from parent, guardian or legal representative
- liasing between relevant parties is helpful (eg. parent, psych and client so that everyone understands the nature of treatment and provides best support)
- if disabled client refuses treatment, legal advice may be needed to intervene without consent.
34
Describe the Mental Health Act 2014 (victoria)
specifies that people with mental illness have a right to...
- have appropriate care, treatment and protecting
- privacy, dignitity and self respect
- non-invasive treatment where possible, and conditions that promote well being
- outlines procedures on how to deal with INVOLUNTARY CLIENTS with mental illness
35
Describe the involuntary admission criteria.
In the Mental Health Act 2014
1. person has mental illness and
2. person's illness requires IMMEDIATE treatment to prevent: serious deterioration in mental or physical health or serious harm to self or others
3. immediate treatment will be provided if there is an order made.
4. there is no less restrictive means reasonably available to enable the person to receive immediate treatment.
involuntary treatment can occur in the community, or as an inpatient.
36
what is a mental illness?
According to the mental health act 2014...
"A person is mentally ill if he or she has a mental illness, being a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory."
Exclusions: When the person..
- refuses to express a particular political, religious or philosophical belief
- engages or fails to express a particular sexual preference or gender identity
- expresses or refuses to engage in a particular religious activity
- intellectually disabled
- takes drugs or alcohol
- has an antisocial personality
- engages in sexual promiscuity immoral conduct
etc.
37
What are the exceptions to mental illness as listed in the mental health act 2014?
That the person:
• Expresses or refuses or fails to express a particular political, religious, or philosophical opinion or belief.
• Expresses or refuses or fails to express a particular sexual preference or sexual orientation or gender identity.
• Engages or refuses or fails to engage in a particular religious activity,
• Engages in sexual promiscuity, immoral conduct, or illegal conduct,
• Is intellectually disabled,
• Takes drugs or alcohol,
• Has an antisocial personality, or
• Has a particular economic or social status or is a member of a particular cultural or
racial group
• Has previously been treated for a mental illness
An example of a useful question to ask ourselves is whether a person’s behaviour, that appears bizarre or outside of our own experiences, is actually outside of the person’s cultural or religious beliefs?
38
What are some types of treatment orders?
- inpatient assessment orders
- involuntary treatment orders
- community/inpatient temporary treatment orders
- community/inpatient treatment orders.
treatment orders are made by authorised psychiatrists.
39
Describe the process of treatment orders.
- authorised psychiatrist makes the treatment order when they are satisfied that treatment cannot occur in a less restrictive manner
- psychiatrist notifies the person that is subject to the treatment order and the mental health tribunal as soon as practical.
- psychiatrist should consider patients views, preferences regarding illness, treatment and recovery and any information in advance........
40
Describe community treatment orders (CTOs).
- used to treat involuntary patients in the community.
- initial reviews, annual reviews and appeals of CTOs are heard by a completely independent board to the treatment team - the mental health tribunal (consists of psychiatrist, lawyer and community member).
- patients can appeal their CTO at any time and as many times they want.
41
Describe the equal opportunity act.
This is the anti-discrimination law.
- Under this Act, it is against the law to discriminate against a person on the basis of...
age
sex, gender identity, sexual orientation, LAWFUL sexual activity.
marital, parental, pregnancy, breastfeeding or career status
physical features
political or religious beliefs
race, nationality or ethnicity
industrial activity
personal association
Discrimination is treating someone unfavourably, directly or indirectly, because of a personal characteristic protected by law. Eg. bullying or victimisation on the basis of the characteristic.
42
What does the equal opportunity act propose for organisations?
- Need to take positive steps to ELIMINATE discrimination, sexual harassment and victimisation
- provide REASONABLE ADJUSTMENTS for people with disabilities in employment, education and provision of goods and services to help them access those opportunities.
43
describe the disability act.
Promotes the notion that people with a developmental delay, and a sensory, physical, or neurological disability have a right to access appropriate and similar services as anyone else in the community to ensure they reach their full potential.
outlines
- how to protect rights of disabled persons
- assessing eligibility for services
- services to provide
- how services can best support
44
Describe the occupational health and safety legislation.
- ensures that safety and injury management is regulated in the workplace.
- also covers psychological injury such as effects of workplace stress or bullying.
- Occupational health and safety act, and workers' compensation legislation
- workers are only covered if employed by a company
45
What are the authorities in victoria that are responsible for workplace safety?
- Victoria WorkCover Authority and WorkSafe.
- responsible for:
Helping companies to avoid workplace injuries
Investigating improper workplace safety procedures Enforcing Victoria's OH&S laws
Providing insurance for employers
Helping injured workers to return to work and
Managing the workers' compensation scheme
46
What can workplace compensation claims arise out of?
- workplace accidents, injuries or illness.
physical injuries
psychological injuries such as anxiety or depression related disorders
negative effects of bullying in workplace
Ethics & Professional Issues
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