The APS Ethics Committee appreciates that APS members can be just one client away from a difficult ethical dilemma. To help address this issue, the APS Ethical Guidelines Committee revises and develops a wide array of guidelines to assist members as they navigate their way through the pathways of professional practice. One particularly vital resource is the Ethical guidelines for reporting abuse and neglect and criminal activity, which includes a table of relevant legislation that is updated regularly to reflect changes in applicable law (bit.ly/374CI4K).
Reporting abuse and neglect
One difficulty of working as a psychologist is that you don’t always know what issues a client will raise despite conducting a thorough intake assessment. For that reason it is important to be familiar with and understand legislation that is pertinent to your work. The legislation table at the end of the Ethical guidelines for reporting abuse and neglect and criminal activity is a good place to start.
Mandatory reporting of child abuse and neglect is determined by state legislation, but is now more common for psychologists across Australia. Psychologists as a profession are mandated to report in the Northern Territory, South Australia, Tasmania and Victoria (since March 2019). In the Australian Capital Territory, New South Wales and Queensland – work roles that involve providing services to children are mandated to report. In Western Australia, court personnel including family counsellors are mandated to report.
A related requirement when working with children includes the need to obtain a government Working with Children Check, which is administered by state governments. To find the relevant agency refer to the APS website (bit.ly/33f9Buk).
In situations where mandatory reporting applies, there is less decision-making required. The main task is to establish whether a threshold of reasonable belief or suspicion has been reached regarding a child needing to be protected. Each jurisdiction has guides and agencies to assist psychologists to make such a decision. When faced with these situations, it is important not to conduct your own investigation into whether a child has been abused or not. If the information you have received suggests that a child is at risk of abuse, then inform the relevant agency and allow the next steps to unfold.
In non-mandatory contexts psychologists need to be aware of any organisational policies that apply, and also be aware that a reasonable belief or suspicion that a child is in need of protection is more likely formed when:
- a child states that they have been physically injured or sexually abused
- a parent or other relative, friend, acquaintance or sibling of the child states that the child has been physically injured or sexually abused
- the psychologist has knowledge that a child is exposed to family violence
- professional observations of the child’s behaviour or development lead the psychologist to form a belief that:
- the child has been physically injured or sexually abused; and/or
- there has been a failure to provide for the shelter, safety, supervision or nutritional needs of the child (refer to 5.2. of the ethical guideline).
To assist the decision-making process, when psychologists suspect child abuse or neglect, they should consider the following set of questions before deciding on a course of action:
- What is the basis of my suspicion/belief?
- Is it a reasonable belief?
- What is the relevant legislation in this jurisdiction?
- Are there any workplace policies and procedures that require me to report suspected child abuse and neglect?
- How will the welfare of the child be affected by whatever action I take?
- Have I adequately consulted with a senior colleague? (refer to 5.3. of the ethical guideline)
If psychologists are unclear about what decision to take, they are encouraged to consult with their supervisor and/or colleagues. Involving trusted peers and senior members of the profession helps to share the load and gain a clearer perspective.
Reporting criminal activity
Other difficult circumstances can arise when a client discloses past criminal activity, actual or alleged, in a session with a psychologist. Before deciding what course of action to take, psychologists should consider their primary role when providing a psychological service to a client. They consider:
- the seriousness of the offence
- the likely impact on the victim(s)
- the ongoing risk to the victim(s)
- the client’s best interests
- the impact on the ongoing psychologist-client relationship
- the role of the psychologist-client relationship in managing and monitoring potential risks
- the process for reporting and the likely outcomes of reporting; and
- the advice of experienced colleagues (refer to 7.2. of the ethical guideline).
For related situations where clients are disclosing threats to commit a criminal offence, psychologists consider the following set of questions before deciding on a course of action:
- What is the relevant legislation in this jurisdiction?
- What is the required reporting process?
- Are there any workplace policies and procedures that require me to report suspected criminal activity?
- If I work in an agency or organisation, to whom should I report the matter?
- To what extent does the intended crime pose a clear risk to the client or to others?
- What harm might come to the identified person if a report is not made?
- How would an intended victim be warned?
- Have I adequately consulted with a senior colleague? (refer to 8.1. of the ethical guideline)
As already mentioned, one useful approach in these situations when unsure what action to take is to seek out support from a trusted colleague or supervisor, and gather more data. Often, in the process of finding out more information an appropriate decision will emerge.
Members are reminded of the APS Professional Advisory Service which offers a free consultation service for members on professional matters including dilemmas related to the above content. You can call the service on 1800 333 497.