Workshop Week 4

Question 1

Why is confidentiality important?

Answer 1

• duty to preserve secrecy of info disclosed or obtained

Ethical issues:
Integrity - profession of psychology - integrity of person disclosing - their rights

Respect - for clients dignity and autonomy

Utilitarian - facilitates trust in therapeutic relationship and promotes open and effect communication

Beneficent - breaches best interests of client

Question 2

Which general principle does confidentiality fall under?

Answer 2

A: Respect for the
rights and dignity of people and peoples

• Psychologists regard people as intrinsically valuable and respect
  their rights, including the right to autonomy and justice.
• Psychologists engage in conduct which promotes equity and the
  protection of people’s human rights, legal rights, and moral
  rights.
• They respect the dignity of all people and peoples.

Question 3

What does it say about confidentiality in the Code?

Answer 3

A.5 Confidentiality

safeguard the confidentiality of information obtained during their provision of psych services:

a. make provisions for maintaining confidentiality in the collection, recording, accessing, storage, dissemination, and disposal of information
b. take reasonable steps to protect the confidentiality of information after they leave specific work setting, or cease to provide psychological services

Question 4

What does the code say about disclosure?

Answer 4

A.5.2
Disclose only under the following circumstances:

a. consent of client
b. legal obligation to do so
c. immediate and specified risk of harm to identified person that can be averted only by disclosing information . or
d. when consulting colleagues, or in course of supervision or professional training. as long as
i. conceals identity
ii. obtains clients consent, gives prior notice to recipients to maintain privacy, obtains undertaking from recipients that they will preserve the clients privacy

Question 5

What does code say about informing client about limits to confidentiality?

Answer 5

A.5.3 - inform clients at OUTSET - and as regularly thereafter as is reasonably necessary of:

a. limits to confidentiality
foreseeable uses of the info

b. generated in the course of the relationship

Question 6

What does the Code say about the type of info disclosed?

Answer 6

A.5.4 - disclose only to info necessary to achieve the purpose of the disclosure and only to people required to have info

Question 7

What does the Code say about using info for a purpose other than the primary purpose it was collected?

Answer 7

A.5.5
only do so with:

a. consent of the client
b. if info is de-identified and used in course of duly approved research
c. when use is required and authorised by or under law

Question 8

Privacy has many facets:

Answer 8

• an ethical obligation
• a professional duty
• legal requirement

Question 9

Confidentiality and privacy are strongly endorsed in the Code but not:

Answer 9

defined

Question 10

Whats the difference between confidentiality and privacy?

Answer 10

Confidentiality - based on type of relationship that exists between client and service provider

Privacy - more likely to be employed to protect certain types of information

Considerable overlap between confidentiality and privacy

Question 11

What could happen if privacy was breached?

Answer 11

being disciplined or legal action being taken

Question 12

What does the Code say about Privacy?

Answer 12

A. 4 Privacy

a. collecting only info relevant to service being provided.
b. not requiring supervisees or trainees to disclose personal info, unless self-disclosure if a normal expectation of a given training procedure and informed consent has been obtained from participants prior to training

Question 13

How many principles does the Privacy Act have?

Answer 13

13

1. Open and transparent management of personal information
2. Anonymity and pseudonymity
3. Collection of solicited personal information
4. Dealing with unsolicited personal information
5. Notification of the collection of personal information
6. Use or disclosure of personal information
7. Direct marketing
8. Cross-border disclosure of personal information
9. Adoption, use or disclosure of government related identifiers
10. Quality of personal information
11. Security of personal information
12. Access to personal information
13. Correction of personal information

Question 14

Freedom information Act gives clients a right to their information which is consistent with:

Answer 14

A.6 Release of information to clients

In the Code

Question 15

What are examples of mental incapability:

Answer 15

presentations that impact on cognitive ability and safety such as:

• intellectual impairment
• very low BMI eating disorders
• florid psychosis
• active suicidal intent

Question 16

When judged to be mentally incapable can they consent?

Answer 16

No - consent must be provided by another appropriate agent acting in the best interests of the person

Question 17

How old do you have to be to be considered an adult in Australia?

Answer 17

18

Question 18

Common law recognises that a young person may have the capacity to consent on their own behalf. Person regarded as a “mature minor” if the young person has:

Answer 18

• sufficient understanding
• sufficient intelligence

to fully understand

Question 19

The mature-minor principle from 1986 was confirmed in Australian common law when and by what case?

Answer 19

1992

Marion’s case

Question 20

Is a lower age limit defined in the concept of mature minor?

Answer 20

No - dependent on maturity

mature-minor entitled to same confidentiality and information privacy as adults

Question 21

What factors are relevant to assessing whether a young person is capable of consenting to treatment:

Answer 21

• age
• intelligence
• education
• health condition
• level of independence from parental care
• ability to explain the problem from which they have sought assistance
• types and risks of the proposed treatment
• alternatives available
• consequences of proposed treatment
• consequences of not having treatment

even if young person is not competent to make a decision - views should still be considered (Office of the Australian Information Commissioner)

Question 22

Where is mandatory reporting regarding child abuse outlined ?

Answer 22

Mandatory Reporting Legislation in the ACT (Children and Young People Act 2008)

Question 23

Are psychologists mandatory reporters?

Answer 23

Yes - can be liable for not reporting abuse

Children and Young People Act 2008 was amended 2015 to include psychologists

(Section 10 of the Children and Young People Amendment Act 2015: relevant section: (s356(2) )

Question 24

When can a person be found guilty of an offence under the “mandatory reporting of abuse (s356)” ?

Answer 24

If person does not, as soon as practically possible after forming belief, mandatory report to the Director General:

• child or young persons name or description
• reasons for the person’s belief

Question 25

Mandatory reporting - what must be reported?

Answer 25

*a belief, on reasonable grounds, that child or young person has experienced or is experiencing: - sexual abuse - non-accidental physical injury (physical abuse) * belief arises from info obtained by person during course of, or because of, person's work, whether paid or unpaid.

Question 26

The Psychology Board has what role regarding clinical supervision:

Answer 26

- recognises the important role of clinical supervision and its regulation - provides specific guidelines for different supervised practice programs - regulates supervisor training

Question 27

What key elements does supervision have?

Answer 27

* Normative: e.g. case management, quality control. * Restorative: e.g. emotional experiences, coping, recovery * Formative: e.g. competence, capability and effectiveness

Question 28

What general principles guide the supervisor relationship?

Answer 28

All 3 general principles

Question 29

What standards guide the supervisor relationship?

Answer 29

``` A.3 - Informed consent A.4 - Privacy A.5 Confidentiality B.1.2 Competence B.2 Record keeping B.3 Professional responsibility B.6 Delegation of tasks to supervisees C. Integrity, boundaries, and conflicts of interest C.3. Multiple relationships C.4. Non-exploitation C.6. Financial arrangements. ```

Question 30

How to ensure supervisor competence?

Answer 30

1. supervisors only provide supervision in areas they are competent do so 2. from 1 July 2013 all psychs applying to become supervisors must have done board approved training program in supervision - training must be completed every 5 years to maintain

Question 31

What types of informed consent are involved in informed consent and supervision contracts:

Answer 31

1. informed consent to the psychological service provided by supervisee 2. client informed consent about supervision arrangements and procedures - such as recording sessions and sharing confidential information to supervisor 3. trainee/supervisee informed consent with respect to supervision or the supervision contract

Question 32

What ethical issues should be considered regarding the supervisor relationship and Confidentiality and privacy?

Answer 32

1. supervisees must ensure clients confidentiality and obtain consent to divulge confidential info to supervisor 2. supervisee protected by A.4 - undue invasion of privacy and are not required to disclose personal information to supervisor 3. supervisors have professional responsibikity to PsyBA or uni training program - mandated to notify PsyBA if concerned about supervisees conducts, professional skills or health posing a significant risk to public

Question 33

Do supervisees get evlauated?

Answer 33

Yes - Supervisees undergo an evaluation process, with the supervisor providing timely feedback on their performance (direct observation, recordings, regular reviews)

Question 34

Are sexual relationships with a supervisor allowed?

Answer 34

NO