Ahpra have introduced an updated criminal history standard for registered practitioners, which is now in effect. This serves as a timely reminder to members of the obligation to report criminal history matters as a condition of registration.
New charges or convictions
Registered psychologists have a legal obligation to notify Ahpra within seven days if they are charged with an offence punishable by 12 months' imprisonment or more, regardless of whether they intend to contest the charge or have not yet appeared in court. This obligation arises when the charge is laid. It is not necessary to wait until the matter is finalised or a finding is made. It also applies to charges laid outside of Australia.
Psychologists must also notify Ahpra within seven days if they are convicted of, or found guilty of, an offence punishable by imprisonment.
Any new charges or convictions that fall outside of these notification requirements must be disclosed to Ahpra at the time of registration renewal. At each renewal, psychologists are required to declare whether there have been any changes to their criminal history. This includes any charge, conviction, plea or finding of guilt, even if a conviction is not recorded for the offence.
It’s important to understand that Ahpra conducts criminal history checks as part of its regulatory processes. Any discrepancies between a psychologist’s criminal history and their declarations may be uncovered through this process.
What happens when you declare a charge or conviction
Notifying Ahpra of a charge or conviction does not automatically result in restrictions on your practice. However, failing to report a notifiable event may itself raise regulatory concerns and could lead to action from the Psychology Board.
Alongside the updated criminal standard, Ahpra have released a Guide to the application of the Criminal history registration standard, which outlines the factors considered when assessing criminal history matters. The Board must determine whether the criminal history is inconsistent with suitability to hold registration or practice in the profession.
When considering less serious offences, the Board may take into account factors such as the nature and seriousness of the offence, any supporting information provided by the psychologist, and the potential risk to any clients.
Following its assessment, the Board may decide no action is required, commence an investigation, impose conditions on registration, or refer to a tribunal for determination.
Psychologists are encouraged to seek legal advice and consult their professional indemnity insurer regarding any notification or disclosure obligations that may arise from a criminal matter.
Further information
Ahpra's Criminal History Registration Standard, the Guide to the Application of the Criminal History Registration Standard, and the accompanying information sheet for registered practitioners can be accessed here.