Week 5 - ethical/legal issues and minors Flashcards
(12 cards)
What are transdiagnostic factors?
Factors which are unchanging across disorders/conditions (e.g., SES, demographics,
What does Age of Majority mean?
It’s from the Age of Majority Act 1977 (Vic) and states from age 18 everyone is assumed competent to make and be responsible for their own decisions (unless evidence to contrary).
What does nomothetic refer to?
Group-based rules (v idiographic, or individual assessment). This is like insurance actuarial decisions - based on group data
What is the ‘presumptive direction’?
That a party in a legal case is presumed in a certain state or to have acted a certain way unless evidence is presented to the contrary.
What are the 3 aspects of competence as a construct?
- Competence at one time doesn’t mean you’re competent later (dynamic)
- Competence in one area doesn’t mean you’re competent in another
- It’s multi-faceted (ethico-legal)
** Competence is a gatekeeper to consent!!
What are some thinking ‘errors’ / habits that are more common
among young people?
‘Inexperienced cognitions’
Short term versus long term orientation
More impulsive / reactive
Perception of invulnerability
The perception of risks
as cumulative ‘if I only
do it a few times, it’s
not that dangerous’
Close information search too soon
Less likely to identify vested interests
Base perception of credibility of source too heavily on whether they like the source
Poor perspective taking
Inexperienced with meta-cognition
More emotional decision makers
What are some of the issues that could arise with adolescent clients?
NDD, parental rights, societal/cultural ideas around childhood,
What should a Gillick competent YP have?
- Sufficient’ understanding and intelligence to be able up his/her mind on the matter requiring a decision
- ‘Sufficient’ maturity to understand what is involved – risks / consequences etc
Medical treatment planning & decisions Act
The Medical Treatment Planning and Decisions
(MTPD) Act came into effect on 12 March 2018. The
MTPD Act is part of a broader shift towards empowering and supporting people to make their own treatment decisions. It establishes a single framework for medical treatment decision making
for people without decision making capacity that ensures that people receive medical treatment that
is consistent with their preferences and values.
§ It informed some of the revisions and tone of the
Mental Health and Wellbeing Act 2022 (Vic)
§ Clinicians are encouraged to make more regular and
detailed assessments of people’s capacity to
consent to treatments. Voluntary consumers who
have the capacity to decide can agree to a
treatment or refuse it.
At what age can a young person make their own decisions in a therapy context?
Depends on whether they are deemed Gillick competent.
i.e., Do they have the capacity to u/s relevant information and the effect of that decision; retain info to make the decision; weigh info as part of the process of making the decision; communicate the decision.
Capacity is decision-specific
Outline some unique practice considerations that young clients bring
Medicare cards can be in YP’s name from age 15
Who is paying for the session - parents?
The TA - can you have a great one with all the parties?
Attention span of young people (24-36 mins at 12yo; 28-42 mins at 14yo; 32-48 min for 16yo)
Who to invite / have in first session
Contact with teacher(s)
What is the legislation that covers mandatory reporting in Victoria?
Children, Youth and Families Act 2005
