In summary:
- Consent as ongoing dialogue – Now a continuous, evolving process rather than a one-off form.
- Digital transparency – Clients must understand data use, storage, AI tools and telehealth risks.
- Complex contexts – Distinguish consent from assent; ensure cultural and contextual safety.
- Time-limited consent – Revisit when treatment or circumstances change, or time elapses.
- Clarity and comprehension – Use plain language, check understanding, and document agreements.
- Ethical reflection – Regularly assess whether actions support client autonomy and trust.
- APS member practice guidelines – Members can access the Professional Practice Guidelines for Informed Consent
With the new professional competencies and code of conduct for psychologists coming into effect, here's what psychologists need to understand about the new guidelines around informed consent.
For many psychologists, informed consent is an area of interest regarding the new Code of Conduct. Many might question what has changed and how they can be sure their current consent processes align.
"At times, psychologists may have considered informed consent as a one-off transaction," says educational and developmental psychologist Camelia Wilkinson FAPS FCEDP. "They signed a form, it went in the drawer and that was it.
"But the topic of consent is far more nuanced and complex. It's an ongoing conversation that's continually negotiated as the therapeutic relationship evolves."
From 1 December 2025, the new Code of Conduct will make consent more explicit than ever. The Code defines informed consent as a voluntary decision to access services made with full understanding of benefits and risks.
"Consent is an active process centred on client autonomy. It's imperative that clients clearly understand and agree to their participation," says Wilkinson.
Psychologists must keep across the new Code of Conduct, the tools they use and the client experience, she says.
Below, Wilkinson shares tips on navigating complex situations and strategies to facilitate conversations around this important topic.
Transparency around tech
Today’s clients are more informed around consent than ever – and they should be, says Wilkinson.
Transparency around what happens to client data, where it’s stored and for how long, whether it might be shared or reused, if AI tools are involved, or if their information will be used to train AI, etc. are all important elements for psychologists to be addressing with clients.
New technologies like telehealth, AI-assisted note‑taking and cloud storage have had an emergence in practice settings. Psychologists need to understand the tools they use so they can explain them clearly to clients, says Wilkinson.
"It’s about giving clients accurate details so they can give meaningful consent," she says. "If you use AI or video platforms, say so: absolute security doesn’t exist.
"You could say something like, 'I use Zoom for our sessions, and your data will be stored on this server in location X. The company privacy policy is available here for you. I cannot guarantee you absolute security of the digital communication or information that we will have there. Do you understand and accept these risks?'"
Clients have the right to decline certain technologies, and that’s a valid choice, Wilkinson adds.
"It’s autonomy in action. If someone prefers pen and paper, we need to respect that."
The therapeutic setting also matters. For example, telehealth can raise privacy issues, such as someone else overhearing a session with a client.
"Discuss how to handle interruptions so clients can signal if they feel unsafe sharing information," she says.
Wilkinson adds that psychologists should also be aware of cross-jurisdiction differences around telehealth practices, duty of care and confidentiality.
"Ahpra provides clear national standards of practice. However, different states have different laws around things like privacy and mandatory reporting. For example, in Victoria if a psychologist suspects child abuse, the report is made with Child Protection; in NSW the report needs to be made to NSW authorities.”
If psychologists are working internationally, they should be across the relevant legal standards and possess adequate indemnity cover, she adds.
Our responsibility is to provide full information and secure consent in the right way. – Camelia Wilkinson
Consent in complex situations
Voluntary consent means decisions made without pressure, influence or coercion, but the reality is often more nuanced, says Wilkinson.
"Our role is to be clear about what’s truly voluntary, while ensuring the person in front of us feels genuine autonomy."
In some cases, consent is complicated. For example, when an individual is court-ordered to attend psychological counselling.
"A person can be legally compelled to attend, but the psychologist needs their consent for treatment to proceed, which involves a discussion of confidentiality, risks and all the additional layers around that."
With vulnerable groups like children, adolescents or people with intellectual disabilities, psychologists must distinguish between consent and assent, says Wilkinson.
Consent is a legally valid agreement, usually from an adult. Assent is willingness to participate from someone who can’t legally consent, such as a child, and needs to be accompanied by guardian consent.
Guardian consent alone isn’t enough, says Wilkinson.
"If an eight‑year‑old refuses to engage, I won’t force them. I’ll work with their parents on the next steps. Similarly, with a client with an intellectual disability, it’s about making a connection with that individual and ensuring they’re comfortable."
Under the new Code, consent must also be culturally safe, which means recognising that Western, individualistic notions of autonomous consent don't translate universally.
"With Indigenous clients, consent may involve family or community. With culturally and linguistically diverse clients, community involvement might be risky – in domestic violence situations, for example," says Wilkinson.
"Psychologists must assess each situation, explain local laws, identify who the client trusts and adapt the consent process to ensure they feel safe and supported."
It's important for psychologists to educate themselves on the culture of the clients they're working with, says Wilkinson.
"Don't assume; ask with curiosity, listen and learn. That can provide us with the understanding of the client's context, which may give us hints that, for example, their experiences of past coercion may lead to them finding it difficult to say “no” or to refuse the process."
Considering the duration of consent
Informed consent is not a one-time checkbox but an evolving dialogue between psychologist and client.
The Professional Practice Guidelines for Informed Consent (exclusive to APS members) reminds psychologists to “inform clients of the period for which consent will be relied on in the absence of significant changes” (4.2[g]).
This means that consent isn’t indefinite – it has an expiry date, whether triggered by a change in treatment, a shift in client circumstances or simply the passage of time.
According to the practice guidelines, best practice requires psychologists to revisit consent whenever there is a deviation from the initial agreement, before disclosing confidential information to third parties, or when an agreed timeframe has elapsed.
These parameters should be communicated clearly at the outset of therapy to avoid misunderstanding or ethical grey areas.
"Staying current with informed consent is fundamentally about staying client-centred, ethically vigilant and professionally engaged with the evolving landscape of psychological practice," says Wilkinson.
Clients may wish to consent for a specific duration or only to particular elements of treatment or information sharing. Whatever the case, these discussions should be recorded and adhered to wherever possible – a reminder that consent is both a process and a professional safeguard.
Practical strategies for psychologists
For consent to be truly autonomous, clients must fully understand what they’re agreeing to.
"Young people or people with specific vulnerabilities may say yes without grasping the details," says Wilkinson. "It’s crucial to confirm they understand the consent and parameters of the professional context and that they can withdraw their consent at any point.”
The APS offers practical tips in its Professional Practice Guidelines for Informed Consent for ensuring clarity, particularly for children, CALD clients and people with disabilities.
Here are techniques that Wilkinson has used in her own practice:
- Using short, simple sentences and avoiding jargon, acronyms and metaphors
- Speaking directly in first-person language
- Reinforcing messages with repetition and visual aids
- Pausing often to check understanding and invite questions
- Ensuring the client understands the importance of consent
- Asking them to repeat the discussion in their own words
- Maintaining eye contact to read nonverbal cues
- Making consent an ongoing conversation, revisiting at key points
- Consider that some clients may require the support of an interpreter or translator.
- Ensure that you familiarise yourself with best-practice principles when working with an interpreter or translator.
Consent as an evolving dialogue
As psychology adapts to new technologies and cultural contexts, informed consent will remain the anchor of ethical practice. It's an ongoing conversation built on respect, trust and integrity.
But psychologists mustn’t only check in with clients; they also need to check in with themselves, says Wilkinson.
"Our responsibility is to provide full information and secure consent in the right way."
Ultimately, consent is rooted in trust and genuine support, she says.
"No matter the circumstances, people need to feel heard and safe. We can never overstate the importance of that."