Code of Conduct
1.Process
The Five Principles Adherence to this Code involves a commitment by each therapist to abide by five key principles, which are:
- The primary consideration in all treatment decisions by a Therapist must be in the interest of the client’s wellbeing.
- The therapist must at all times maintain client confidentiality and adhere to all Privacy Laws and requirements. If the client is a minor (or vulnerable person), this confidentiality refers also to a parent, guardian or carer.
- The treatment of each client must be carried out in accordance with competent application of accepted techniques and principles, and all applicable laws.
- Maintaining a commitment to the development of the your profession and ensure compliance with all codes of conduct, guidelines, policies and procedures maintained from time to time.
- Maintaining a supportive professional attitude to our colleagues and the industries we work within.
Further details of each principle are set out below.
Statements for the Five Principles
- Client wellbeing is the priority in any treatment decisions. Treatment decisions must be consensual between the therapist and client and the therapist should provide explanations to the client/patient in any changes of methods of treatment used.
- Confidentiality is to be maintained between client and therapist. Clinical information shall be stored in a confidential manner, and communication, unless otherwise specified, between therapist and client shall remain confidential. Where the client is a minor, this confidentiality also refers to the parent or legal guardian.
- Therapists will conduct their practice in an accepted professional manner as set out in the Standards of Practice and all applicable laws for each profession, having regard to any legally binding obligations on the therapist, the client or in the case of
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a minor, his/her parent or legal guardian at the time of treatment. In the event of a conflict arising between the standards of practice, legal requirements and professional obligations of a therapist, the member should decline to treat the relevant client until such time as the conflict is reasonably resolved.
- Therapists will not wilfully misrepresent their qualifications, training or experience and must at all times comply with any other guidelines, standards or requirements of the any professional associated they are members of.Members are required to uphold the rules, regulations and values of any association they are members of.
2. Confidentiality and Privacy
- Confidentiality of patient/client information must be observed. Consent must be provided by the client (or in the case of a minor, his/her parent or legal guardian) before information that is required to be kept confidential (at law – see privacy policy) is disclosed to any person
- Therapists must honour the client’s right to personal privacy and modesty.
- Therapists will maintain professional ethical standards and comply with generally accepted standards of professional behaviour.
- Members must comply with all Privacy Laws (see privacy policy).
3. Competence
- Therapists must demonstrate competent professional and clinical decision making and treatments and must not misrepresent their qualifications, training or experience to any person
- Therapists must at all times work within the scope of their professional role and avoid misrepresentation of their range of competence and skill.
- No member will perform any work or action that contravenes any Australian Federal or state legislation pertinent to their scope of practice.
4. Responsibility
- Therapists are personally responsible for their professional decisions.
- Therapists must give due consideration to the foreseeable consequences of their actions.
- Therapists must have a working knowledge of and practice within the relevant principles of laws and policies that relate to their work.
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- Therapist must support the development and implementation of laws and policies that promote the practice of their given profession.
- Therapists must personally maintain all necessary membership requirements including (but not limited to)
- Professional membership
- First Aid
- Professional indemnity Insurance
- Private Health insurance compliance
- Working with vulnerable person back ground check (WWVP card)
- Further education necessities to meet professional membership requirements
- Therapists are expected to abide by any policies and contractual obligations
- Therapists must personally maintain all note keeping to the professional and legal standards necessary
5. Therapist – Relationship
- Therapist are required to keep a history of their clients (including all clinical notes in English) for not less than seven years (to be kept within the Clinic storage area or within Cliniko).
- Clinical, consulting and evaluative information must be kept confidential and communicated only for professional purposes to persons legitimately involved in the client case (see privacy policy).
- The clinic (and therapists) will ensure records must be stored and, where necessary, disposed of in a confidential manner and kept and archived in accordance with all applicable federal and state or territory laws.
- Where clients are unable to give informed consent, due to age, psychological state, medical condition or any other similar ailment, the consent of the client must be obtained from the parent or legal guardian of the client prior to any treatment being provided by the Therapist.
- When treating minors (under 16 years of age) or vulnerable person, a therapist must ensure that the client is accompanied by a parent or legal guardian in the treatment room, or have written permission of the parent or legal guardian to treat the minor in the absence of his/her parent or legal guardian.
- If dealing with a difficult client then implement the ‘dealing with a difficult client’ procedure/policy
- Therapists must ensure that clients are fully informed of the costs of any treatment and cancellation policies prior to the treatment occurring to safeguard their interests. This will be implemented and conducted by the Clinic but should be reiterated if necessary by the Therapist
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6. Professional Conduct
- Therapists must at all times comply with the Constitution, Code of Ethics and Standards of Practice of their Association.
- Therapists must not publicly criticise other therapist (of any profession) in a manner that casts doubt on their professionalism and competence.
- Therapists must fully co-operate in any inquiry instituted by their Association in respect of a breach of this Code or any other membership issue raised by their Association from time to time.
7. Professional Development
- Therapists must undertake the minimum level of continuing professional education set by their Association each year in order to maintain their membership and professional development.
- Therapists must maintain Public Liability and Professional Indemnity and Malpractice insurance to such levels as a reasonably prudent practitioner would require.
- As previously stated, therapists must maintain all professional membership requirements according to their particular association.
8. Employer/Employee Relationships
- The Clinic will ensure that all Fair Work obligations are met.
- All Therapists are expected to maintain all necessary requirements including memberships, insurances, legal necessities and compliances described within their clinic contract, association membership and other
- The Clinic will provide any support necessary to employees.
- Therapists are expected to abide by this Code at all times
- Each therapist must ensure that any employee or contractor will not attempt to solicit the custom of any client of the employer.
- If a client voluntarily provides notice to any therapist that he or she intends to, or wishes to, transfer from the clinic to the private practice of an employee (or former employee) of the Clinic, the relevant employee must observe all applicable laws (including privacy, confidentiality and transition of business principles) during the transition process.
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9. Consulting Premises
- Therapists must ensure their professional premises (being any premises from which they conduct or provide therapy within the Clinic) are maintained in a hygienic condition and professionally presented
- The Clinic will display the member’s qualification certificates, and the member’s certification as a member of the Association within the digital frames in waiting rooms
- The Clinic will have the fee structure available on the Clinic website
- Cancellation policies will be suggested in text message sent to clients and will be verbally reiterated if any late cancellations or no shows occur. Penalties and other relevant conditions clearly displayed
- Where applicable, the Clinic will provide access to hygienically maintained toilet and bathroom facilities
- The Clinic (and therapists) will provide consideration for the client’s/patient’s modesty, privacy and safety at all times before, during and after their consultation
- The Clinic (and therapists) will provide confidential, secure storage of client and other private or sensitive information.
10. Sexual (or other) Misconduct
Sexual, or other misconduct may include many different behaviours with a client. This includes, but is not limited to, sexually demeaning behaviour including any verbal or physical contact which may be reasonably interpreted as demeaning, humiliating, embarrassing, threatening or harming.
Therapists must:
- refrain from any behaviour that sexualises, or appears to sexualise, the client/therapist relationship.
- In the event that the client initiates sexual behaviour, clarify the purpose of the treatment and if such conduct does not cease, terminate or refuse to provide treatment.
- Recognise that sexual activity with a client, student, employee, supervisor or trainee is prohibited even if consensual.
- Not touch the client’s genitalia.
- Not touch the breast area unless required for legitimate treatment purposes and only after receiving informed and written consent from the client.
- Respond definitively to inappropriate behaviour.
- Refrain from any behaviour or communication that demeans, humiliates, embarrasses or offends any person. Be aware of clients sexual, religious, political and other potential backgrounds that may be sensitive to particular behaviours of communication.
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11.Standards of Practice
These Standards of Practice are to ensure ethical practice and the achievement of excellent service provision.
Your commitment
In reference to clients I commit to:
- Maintain strict confidentiality, privacy and accurate records.
- Honour the client’s right to personal privacy and modesty.
- Create and maintain a safe, healthy environment for the practice.
- Engage in practices that are respectful of clients and not degrade, endanger, exploit or harm them.
- Never engage in or offer a sexual practice or service.
In reference to colleagues I commit to:
- Work with my colleagues to improve the standard of the Clinics practise.
- Support and assist colleagues in their professional development.
In reference to the general public I commit to:
- Provide services that are responsive to community needs and refer to other professionals when appropriate or necessary.
- Promote and market the Clinic services in a truthful, ethical and accurate manner.
- Support the development and implementation of laws and policies that promote the practice of your profession by working with government, regulatory bodies and authorities.
- Be compliant with national, state and local government laws and policies that relate to your profession.
In reference to myself as a professional I commit to:
- Update and improve my expertise and practice continually through formal and informal professional development.
- Work within the limits of my professional role and avoid misrepresentation of my professional competence and qualifications.
- Be an advocate for my profession and the Clinic.
- Comply with applicable Federal, state and territory legislation.
- Act in the community in ways that enhance the standing of the profession and the Clinic.
- Abide by the rules of the Association you are a member of.