PACAWA - Pychotherapists and Counsellors Association of Western Australia - Membership

<body> <h5>MEMBERSHIP</h5> <br><h2>Code Of Ethics</h2> <hr> <p><table class="lt_grey"> <tr> <td> <p>Ethics are the essence of professional practice. The purpose of a Code of Ethics is to protect clients and to preserve the integrity of the profession. It is not possible for a Code to prescribe all ethical issues nor clarify all ethical ambiguities. Therefore, this Code is intended as a guide for Members and as a fair and viable method for the Association to deal with complaints. </td> </TR> </table> <p>The code of ethics covers the following areas: <p><a href="#general" class="magentalink">General Ethical Principles Of Professional Conduct</a> <p><a href="#specific" class="magentalink">Specific Ethical Principles Of Professional Conduct</a> <p><a href="#composition" class="magentalink">Composition Of The Ethics Committee</a> <p><a href="#complaint" class="magentalink">Procedure Where Complaint Is Made</a> <p><a href="#discipline" class="magentalink">Disciplinary Action</a> <p>The following points pertain to Members and Associate Members of the <span class="emphasize">Psychotherapists and Counsellors Association of Western Australia (Inc.)</span> who are identified by the abbreviation M/AM for the purposes of this document.<a name="general"></a> <h4>GENERAL ETHICAL PRINCIPLES OF PROFESSIONAL CONDUCT</h4> <p> <table class="standard" width="100%"> <tr> <td colSpan="3" height="23"><p>This code does not attempt to limit M/AM from an individual style of practice or attempts to work innovatively providing that:</td> </tr> <tr> <td width="16" valign="top" height="5"> </td> <td width="20" valign="top" height="5"> </td> <td width="882" height="5"> </td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.1</span></td> <td width="20" valign="top"> </td> <td width="882"><p>M/AM remain personally responsible for their professional decisions, judgements and actions,</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.2</span></td> <td width="20"> </td> <td width="882"><p>the welfare and best interests of clients and former clients takes precedence over M/AM's self-interest or that of colleagues or employers,</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.3</span></td> <td width="20"> </td> <td width="882"><p>M/AM strive to attain the highest standards of their respective professions,</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.4</span></td> <td width="20"> </td> <td width="882"><p>M/AM do not misrepresent their competence, qualifications, training or experience,</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.5</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not knowingly undertake work clearly beyond their professional competence,</td> </tr> <tr> <td width="16"><span class="emphasize" valign="top">1.6</span></td> <td width="20"> </td> <td width="882"><p>M/AM should establish and maintain appropriate professional boundaries which avoids the exploitation of clients and former clients</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.7</span></td> <td width="20"> </td> <td width="882"><p>confidentiality of information obtained from clients in the course of the work is maintained both during and after the work has been completed and including the storage and disposal of records, and with discretion in exceptional circumstances where a break in confidentiality is called-for, (see clause 2.17),</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">1.8</span></td> <td width="20"> </td> <td width="882"><p>and generally, that clients are treated with respect, dignity and an overall awareness not to abuse or take advantage of their vulnerable position in any way.</td> </tr> </table> <p> <table class="standard"> <tr> <td> <div align="right"><a href="#top" onMouseOver="MM_swapImage('Image5','','../images/top_of_page2.gif',1)" onMouseOut="MM_swapImgRestore()"><img src="../images/top_of_page.gif" border="0" width="48" height="20" name="Image5"></a></div> </td> </tr> </table> <br> <a name="specific"></a> <h4>SPECIFIC ETHICAL PRINCIPLES OF PROFESSIONAL CONDUCT</h4> <p> <table class="standard" width="100%"> <tr> <td colspan="3">M/AM must work within the law.</td> </tr> <tr> <td width="16" valign="top" height="5"> </td> <td width="20" valign="top" height="5"> </td> <td width="882" height="5"> </td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.1</span></td> <td width="20" valign="top"> </td> <td width="882">M/AM must work within the law.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.2</span></td> <td width="20"> </td> <td width="882"><p>M/AM should offer their professional services within their usual terms without prejudicing or discriminating against clients in any way, for example, irrespective of nationality, ethnicity, social, historical or economic status, gender, sexual orientation, disability, political affiliation, religious beliefs, age or standing in society. Indeed, M/AM should take the diverse background of their clients duly into account.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.3</span></td> <td width="20"> </td> <td width="882">M/AM's terms of practice should be made as clear as possible at the outset prior to clients incurring any form of commitment, obligation or financial liability. Subsequent revisions of these terms should be agreed in advance of any change.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.4</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not endeavour to work with clients unless a reasonable prospect exists for the client to benefit from the work.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.5</span></td> <td width="20"> </td> <td width="882"><p>Clients' autonomy should not be compromised. Specifically, it remains the client's choice whether or not to participate in professional sessions at every stage. Reasonable opportunities should exist to review the terms on which sessions are offered and the methods employed therein.</td> </tr> <tr> <td width="16"><span class="emphasize" valign="top">2.6</span></td> <td width="20"> </td> <td width="882"><p>Clients should be offered privacy for sessions in a suitable environment. Clients should not be observed, listened-to, taped (audio or visual) or readily identified without their informed consent in advance.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.7</span></td> <td width="20"> </td> <td width="882"><p>M/AM should take all reasonable steps to prevent clients incurring undue physical or psychological harm during sessions or as a consequence of them.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.8</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not work with a client if, for any reason, the M/AM is incapable of exercising proper skill and judgement. Specifically, M/AM should not work if their functioning in their professional capacity is impaired due to personal or emotional difficulties, illness, disability, alcohol, drugs or medications or any other reason.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.9</span></td> <td width="20"> </td> <td width="882"><p>M/AM should work within their own known limits. It is regarded as part of the nature of the work for M/AM to maintain an awareness of the limitations of their competence and experience, to consult with colleagues, teachers or those in a position to contribute to this judgement and to seek supervision and/or further training and/or personal therapy as needed.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.10</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not misrepresent themselves or their practices with regard to their qualifications, training, competence or experience. M/AM should not hold themselves out as qualified unless their particular training and requirements have been successfully completed specifically in that area.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.11</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not conduct themselves in professionally-related activities in ways which undermine public confidence in their role as therapist or that of the professions generally.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.12</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not behave in an unprofessional or compromising manner toward their colleagues. This includes remarks to clients or others which shed doubt upon the correctness of judgement or competence of fellow professionals. However, where substantial and convincing evidence exists of a M/AM's contravention of this code then M/AM are encouraged to bring the matter to the attention of the Ethics Committee directly.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.13</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not have financial dealings with clients except in respect of professional fees.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.14</span></td> <td width="20"> </td> <td width="882"><p>M/AM should not engage in any physical sexual act with or in the presence of clients nor invite clients to participate in any such act, nor sexually harass, seduce or deliberately sexually arouse clients. Nevertheless, it is understood that sexual issues may well need to be discussed explicitly in a professional manner.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.15</span></td> <td width="20"> </td> <td width="882"><p>M/AM are responsible for setting and maintaining appropriate boundaries which separate professional relationships from other types of relationships even after sessions have finished or been formally terminated and adequately explaining this to clients as necessary. Where ambiguities exist, M/AM should seek professional supervision and/or seek guidance from the Ethics Committee.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.16</span></td> <td width="20"> </td> <td width="882"><p>If a M/AM is convicted of a criminal offence or has civil proceedings commenced against her or him s/he must inform the Ethics Committee in writing of the relevant facts.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.17</span></td> <td width="20"> </td> <td width="882"><p>Maintaining confidentiality refers to any and all identifying features of clients including name, address, biographical details, physical appearance, job and other descriptions of clients' lives, relationships activities, circumstances and history which might result in identification of the client. Nevertheless, it is understood that discussions about clients may occur in suitably professional contexts, such as with colleagues, in supervision or other study settings. The principle confidentiality is to avoid compromising clients and avoid compromising the usefulness of the work by revealing information through the way such discussions are conducted. <p>Exceptional circumstances may arise to precipitate a deliberate break with this principle i.e. when a client is judged to be a danger to themselves and/or others - though this remains a clinical judgement. Specifically, where a client is judged to be a serious risk or engaged in acts of child abuse or life-endangering violence then such a judgement may be called for. Any break in confidentiality should be minimised and, when possible, discussed with clients in advance with a view to obtaining consent. Where doubts about such clinical judgements arise, M/AM are encouraged to seek professional supervision and/or seek guidance from the Ethics Committee. </td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">2.18</span></td> <td width="20"> </td> <td width="882"><p>To Self as Therapist: due to the nature of the work M/AM have a responsibility to themselves (and their clients) to maintain their own effectiveness, integrity, resources and separate lives. Therefore, M/AM should monitor their own functioning, seek appropriate help/supervision as needed, seek further training, cultivate personal and professional development, support their health and overall balance as much as possible, ensure physical and mental safety, refrain from over-working within reason, and are encouraged to review and obtain professional indemnity insurance as needed.</td> </tr> </table> <p> <table class="standard"> <tr> <td> <div align="right"><a href="#top" onMouseOver="MM_swapImage('Image6','','../images/top_of_page2.gif',1)" onMouseOut="MM_swapImgRestore()"><img src="../images/top_of_page.gif" border="0" width="48" height="20" name="Image6"></a></div> </td> </tr> </table> <br> <a name="composition"></a> <h4>COMPOSITION OF THE ETHICS COMMITTEE</h4> <p> <table class="standard" width="100%"> <tr> <td width="16" valign="top"><span class="emphasize">3.1</span></td> <td width="20" valign="top"> </td> <td width="882"><p>The Ethics Committee shall be a Standing Committee and shall consist of a Chairperson and two members.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">3.2</span></td> <td width="20"> </td> <td width="882"><p>The Committee shall be comprised of at least one member of the current Management Committee as Chairperson and otherwise of members.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">3.3</span></td> <td width="20"> </td> <td width="882"><p>The Chairperson and Members of the Ethics Committee will be appointed by the Management Committee.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">3.4</span></td> <td width="20"> </td> <td width="882"><p>All members of the Ethics Committee shall serve a term of 2 (two) years and then can offer themselves for re-election.</td> </tr> </table> <br>  <table class="standard"> <tr> <td> <div align="right"><a href="#top" onMouseOver="MM_swapImage('Image3','','../images/top_of_page2.gif',1)" onMouseOut="MM_swapImgRestore()"><img src="../images/top_of_page.gif" border="0" width="48" height="20" name="Image3"></a></div> </td> </tr> </table> <br> <a name="complaint"></a> <h4>PROCEDURE WHERE COMPLAINT IS MADE</h4> <p> <table class="standard" width="100%"> <tr> <td width="16" valign="top"><span class="emphasize">4.1</span></td> <td width="20" valign="top"> </td> <td width="882"><p>A complaint against a member shall be in writing and shall be passed to the Chairperson of the Ethics Committee.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.2</span></td> <td width="20"> </td> <td width="882"><p>The Chairperson of the Ethics Committee shall convene a meeting of the Ethics Committee to decide if the complaint constitutes a prima facie breach of this code. If it does, the Committee will interview the complainant.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.3</span></td> <td width="20"> </td> <td width="882"><p>If the Ethics Committee is satisfied that the complaint amounts to a breach of this code requiring formal adjudication it shall (a) forthwith give written notice of the complaint to the member against whom the complaint has been made (hereinafter called 'the respondent') accompanied by copies of the original complaint, all relevant documents, and a fair summary of the Committee's interview of the complainant, (b) fix a date for the adjudication of the complaint and to inform the respondent of such date.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.4</span></td> <td width="20"> </td> <td width="882"><p>The respondent may at any time prior to the adjudication date inspect all relevant documents to the complaint.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.5</span></td> <td width="20"> </td> <td width="882"><p>The proceedings of the Committee shall in all respects be in accordance with the rules of evidence and natural justice. The Committee shall be entitled at any stage of the proceedings to appoint any person professionally qualified to advise the Committee on any matter arising and if considered necessary to attend the adjudication to give such advice.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.6</span></td> <td width="20"> </td> <td width="882"><p>The complainant and the respondent shall at all stages of the proceedings be entitled at their own expense to legal or other representation, to give oral evidence to the Committee, and to call witnesses. Where such evidence is given each party or his/her representative shall be entitled to cross-examine the other party or his/her witnesses. At the conclusion of the evidence the complainant and the respondent may make representations to the Committee.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">4.7</span></td> <td width="20"> </td> <td width="882"><p>The conduct of the proceedings shall in all respects be determined by the Ethics Committee.</td> </tr> </table> <br>  <table class="standard"> <tr> <td> <div align="right"><a href="#top" onMouseOver="MM_swapImage('Image8','','../images/top_of_page2.gif',1)" onMouseOut="MM_swapImgRestore()"><img src="../images/top_of_page.gif" border="0" width="48" height="20" name="Image8"></a></div> </td> </tr> </table> <br> <a name="discipline"></a> <h4>DISCIPLINARY ACTION</h4> <p> <table class="standard" width="100%"> <tr> <td width="16" valign="top"><span class="emphasize">5.1</span></td> <td width="20" valign="top"> </td> <td width="882"><p>If the Committee shall find that the complaint has been proved and that a breach of this code has been committed by the respondent it shall have the power to take one or more of the following courses of action in respect to the respondent: <dl> <dt>(a) A warning in such form as the Ethics Committee shall consider appropriate. <dt>(b) A requirement as to further supervision or training as the Ethics Committee shall consider appropriate. <dt>(c) Suspension from the Association for such period as the Ethics Committee shall consider appropriate. <dt>(d) Expulsion from the Association.</dt> </dl> </td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">5.2</span></td> <td width="20"> </td> <td width="882"><p>The Ethics Committee shall without delay notify the complainant, the respondent, and the members and associates of the Association of the decision of the Committee.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">5.3</span></td> <td width="20"> </td> <td width="882"><p>The respondent may within 21 days of the date of such notification give written notice of appeal to the Management Committee against any disciplinary action taken. Thereafter the Management Committee shall fix a date for the consideration of the appeal and shall notify the respondent of such date.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">5.4</span></td> <td width="20"> </td> <td width="882"><p>At the hearing of the appeal the respondent may make oral or written representations in person or through his/her representative to the Management Committee in support of his/her appeal.</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">5.5</span></td> <td width="20"> </td> <td width="882"><p>The Management Committee, with the exclusion of the Member who serves as Chair of the Ethics Committee, shall re-convene the procedures beginning from procedural point No. 2 (interview of the complainant).</td> </tr> <tr> <td width="16" valign="top"><span class="emphasize">5.6</span></td> <td width="20"> </td> <td width="882"><p>Having followed through the remaining procedures for considering the initial complaint the Management Committee shall re-determine a decision which may allow for (a) a complete quash of the original determination, (b) a less severe penalty, (c) a more severe penalty or (d) any other point or combination of points under disciplinary action.</td> </tr> </table> <br>  <table class="standard"> <tr> <td> <div align="right"><a href="#top" onMouseOver="MM_swapImage('Image9','','../images/top_of_page2.gif',1)" onMouseOut="MM_swapImgRestore()"><img src="../images/top_of_page.gif" border="0" width="48" height="20" name="Image9"></a></div> </td> </tr> </table> <br>  <br>  <br> <table class="standard"> <tr> <td><div align="center"><span class="smallprint">© Copyright Pychotherapists and Counsellors Association of Western Australia (Inc) 2005</span></div></td> </tr> </table> </body>