Lecture 10 2023 Acts and Codes 2 slides per page.pdf

9/10/2023 PSYU-X3399 Laws that govern professional behaviour Wayne Warburton 1 Macquarie copyright statement This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission....

9/10/2023 PSYU-X3399 Laws that govern professional behaviour Wayne Warburton 1 Macquarie copyright statement This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has This material is provided to you as licence toa use) the intellectual property in this Macquarie University student for your material. Legal individual research and study purposes only.and/or disciplinary actions bepublicly taken if this material is shared without You cannot share this may material online without permission. Macquarie the University’s written permission. University is the copyright owner of (or has licence to use) the intellectual property in 2 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 1 9/10/2023 Final Examination • Readings: • Unstarred readings not examinable • Just 5 starred readings – 4 papers and APS Ethics (much of which is in lectures) • Tutorial material • Lectures • All spoken lecture material examinable • Lecture/Unit Notes and Guides/Handbooks: • All lecture notes are examinable, including parts of lectures not reached by lecturer • Ethics Module; WHS Module: • Both are examinable 3 Final examination • 50% straightforward – basic facts and figures • 30% moderate – some understanding of concepts or working out needed, • 20% hard – a more sophisticated understanding of concepts is needed • Detailed instructions for final examination in unit handbook (also in pdf attached to announcement). This material is provided to you as a Macquarie University student for your Youpurposes need to prepare well in advance individual research and •study only. You cannot share this material publicly • PLEASE, online without permission. Macquarie PLEASE READ CAREFULLY AND University is the copyrightPREPARE owner of (or has licence to use) the intellectual property in 4 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 4 2 9/10/2023 Practice exam • Opens 9.00 am Monday of week 13. • Closes 11.59 pm Sunday of week 13. • Access before 10.30 pm Sunday or the exam may close before you are complete • MUST READ INSTRUCTION PDF FIRST • Links will be in the Week 13 section of iLearn • 80 questions, 90 minutes (no reading time) • Conditions (mostly) as for formal exam • Translation dictionaries only, no calculators; closed book 5 5 Practice exam • Cannot pause, or close and reopen, the exam – one attempt only, cannot be reset • After each attempt click the ‘Check’ button to see the correct response. (No summary at end) • No correspondence will be entered into about any of the questions and answers. It is up to you to figure out where, how and why This material is provided to you as a were made. Do not contact any mistakes Macquarie University student for your PSY399 staff about exam Qs and As individual research and study purposes only. • No screen shots, no copying the questions, You cannot share this material publicly Don’t disclose exam content to others. online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 6 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 6 3 9/10/2023 The NSW Mental Health Act, 2007; with amendments up to 2017 • The 2007 Act is the law that governs the care and treatment of people with a mental illness. • Replaced 1990 Act; several amendments up to 2017 • Key principles include: • People are entitled to the best care and treatment, the least restriction of their freedom, and the least interference with their rights and dignity • Treatment is to ensure the proper protection of patients as well as the public • The adverse effects of mental illness on family life are minimised 7 To whom does the Act apply? The Act makes provision for the care of patients who: 1. are admitted to a mental health facility voluntarily (called voluntary patients); 2. are admitted to or detained in a mental This material is provided tohealth you as afacility against their wishes (called Macquarie University student for your involuntary patients); individual research and study purposes only. 3. are publicly required to receive treatment in the You cannot share this material online without permission. Macquarie community. University is the copyright owner of (or has licence to use) the intellectual property in 8 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 4 9/10/2023 To whom does the Act apply? The Mental Health (Forensic Procedures) Act 1990, as well as the Mental Health Act 2007, provide for the care of patients who have committed a criminal offence and are mentally ill. These patients may be either forensic or correctional patients. 9 The NSW Mental Health Act • Informal Admission • Involves the hospitalization of mental health patients who agree to or ask for admission to hospital. That is, admission is voluntary. • These are called ‘Informal patients’ This material is provided to you as a informed consent • Involves Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 10 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 5 9/10/2023 The NSW Mental Health Act • Informed Consent • Occurs where the consumer provides permission for a specific treatment to occur. • The person must also be deemed well enough to be able to give informed consent. 11 The NSW Mental Health Act • Formal (involuntary) admission • A person is admitted to or detained in hospital, or forced to accept treatment against their wishes • There are several categories: This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 12 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 6 9/10/2023 Formal Admission • Involuntary patient. admitted to or detained in hospital against their wishes, generally on the advice of a certified Medical/Mental Health Practitioner • Forensic patient: has committed an offence but is unfit to be tried or found not guilty due to mental illness, and has been ordered to be detained in a correctional/mental health/other facility, or released into the community subject to conditions 13 Formal Admission • Community Treatment Order (CTO): • A CTO is a legal order made by the Mental Health Review Tribunal, a magistrate or a suitably qualified person in a hospital or community based service. A CTO is valid for 12 months. It sets out the terms under which This material is provided to you as a a person Macquarie University student for yourmust accept medication, therapy, rehabilitation individual research and study purposes only.or other services. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 14 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 7 9/10/2023 Formal Admission • Community Treatment Order (CTO): • Is generally ordered when (a) the person is currently mentally ill, or (b) the person is not currently mentally ill, but is judged by a suitably qualified practitioner to be likely to become mentally ill within 3 months, and (c) a CTO is judged to be the least restrictive alternative for treatment. 15 Formal Admission • Formal (Involuntary) admission can only be carried out if the following criteria are met: • The person meets criteria for being formally admitted as either: • A Mentally Ill Person This material is provided to you as a • A Mentally Disordered Person Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 16 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 8 9/10/2023 Formal Admission • A Mentally Ill person • Criteria: • Has a mental illness; AND • Is at risk of serious harm to self and others. Here is the 2014 interpretation of the harm clause by Aust’s chief psychiatrist: - physical harm - emotional/ psychological harm - financial harm - self-harm and suicide - harm to reputation or relationships - stalking or predatory intent - neglect of self - neglect of others (including children) - violence and aggression including sexual assault or abuse 17 Formal Admission • A Mentally Ill person • Criteria: • Has a continuing condition, including any likely deterioration is taken into account; AND • No other care of a less restrictive kind is This material is provided to you as a available Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 18 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 9 9/10/2023 Formal Admission • Definition of Mental Illness • A condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterized by the presence of any one or more of the following symptoms or signs: 19 Formal Admission • • • • Delusions Hallucinations Serious disorder of thought form Severe disturbance of mood • Sustained or repeated irrational behaviour indicating that the person is having This material is provided to you as a delusions Macquarie University student for your or hallucinations. individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 20 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 10 9/10/2023 Formal Admission • A Mentally Disordered Person • Criteria: • Displaying irrational behaviour; AND • Significant physical risk to self or others; AND • No other care of a less restrictive kind is available 21 Formal Admission • Exclusions • A person cannot be regarded as “Mentally Ill” or “Mentally Disordered” for the purpose of the Act merely because of the presence or lack of: • Religious beliefs or philosophy; This material is provided to you as a • for Sexual Macquarie University student your preference/orientation; individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 22 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 11 9/10/2023 Formal Admission • Exclusions • Past or current involvement in: • Sexual promiscuity; • Immoral or illegal conduct; • Or because the person • Has a developmental disability; • Takes or has taken alcohol or any other drug; • Engages in anti-social behaviour 23 Formal Admission • Ways that a person may be Formally Admitted, under the the Mental health Act: • ‘Scheduling’ by Medical Practitioner(s). This is the most common pathway to formal admission. The practitioner fills out Schedule 1 of the Mental Health Act (2007). • Valid for 5 days if Mentally Ill, 1 day if Mentally This material is provided to you as a Disordered Macquarie University student for your • Inpurposes country areas, experienced mental health individual research and study only. practitioners (rather than medical You cannot share this material publicly online without permission. Macquarie practitioners) can be accredited to perform University is the copyright owner (or has this oftask. licence to use) the intellectual property in 24 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 12 9/10/2023 Formal Admission • Admission by Police or by Ambulance Officers. This is particularly salient for Forensic Patients or where the person is at risk of self-harm or other-harm. Sometimes occurs during criminal investigations; • Admission at the request of a designated carer, principal carer, relative or friend. • Occurs ONLY in remote areas • Only by written request to the medical superintendent of the hospital; 25 Formal Admission • Admission by Order of the Court occurs when a person appears before a magistrate and is judged mentally ill; • Admission following an order by a magistrate for a medical examination. In this instance the This material is provided to you as a medical practitioner would fill out the relevant Macquarie University student for your individual research andSchedule. study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 26 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 13 9/10/2023 The NSW Mental Health Act Confidentiality under the Act • Generally means that information about a patient is not given to people outside the service agency without the patient’s permission 27 Formal Admission • Once formally detained as a mentally ill or mentally disordered person, there is a standardised process that takes place. This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 28 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 14 9/10/2023 dont need to know this diagram for exam 29 Formal Admission • Mentally disordered person • Examined within 12 hours of admission; • 2nd examination; • Mental Health Inquiry by Tribunal ASAP after 2nd examination; • Can be detained for up to 3 days; This material is provided•toMust you asbe a examined every 24 hours by an Macquarie University student for your authorised person; individual research and study purposes only. • Must be discharged if no longer mentally You cannot share this material publicly disordered. online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 30 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 15 9/10/2023 Formal Admission • Mentally ill person • Examined within 12 hours of admission; • 2nd Examination; • Mental Health Inquiry by Tribunal ASAP after 2nd examination; • Tribunal can recommend Involuntary Admission for up to 3 months, or a Community Treatment Order for up to 12 months; • If the consumer is still considered mentally ill after this period, must be reviewed by Tribunal, who can make further orders for 3 and 12 months respectively. 31 Formal Admission Must be seen by Tribunal in a Mental Health Inquiry • Informal • Must be legally represented before the Tribunal unless the consumer requests otherwise This material is provided to you as a • Must Macquarie University student forbe yourmedicated at the minimum practicable level until seen by the Tribunal individual research and study purposes only. You cannot share this material • Mustpublicly appear before the Tribunal in street online without permission. Macquarie clothes; can shave or have makeup. University is the copyright owner of (or has licence to use) the intellectual property in 32 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. so they can see realis.c view 16 9/10/2023 Mandatory reporting: child safety in NSW • It is mandatory to make a report if you know of • • • • • a child 0 to 15 years who is at risk of significant harm Not mandatory for unborn children or children 16 or 17 but these are under Dept Communities & Justice jurisdiction (>18 not) This is a NSW (not Federal law) Report to NSW Child Protection Helpline and Child Wellbeing Units (CWU). Use the Mandatory Reporter Guide decision making tool (https://reporter.childstory.nsw.gov.au/s/) CWU can help where harm not ‘significant’ 33 AHPRA PBA Mandatory reporting Psychology Board guidelines for mandatory notifications • s. 39 of the Health Practitioner Regulation National Law Act 2009 (National Law) • Provides direction for • registered health practitioners, • to employers of practitioners and This material is provided you as a Macquarie University student for your providers • education individual research and study purposes only. about the requirements for mandatory You cannot share this material publicly notifications under the National Law. online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 34 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 17 9/10/2023 AHPRA PBA Mandatory reporting • The aim of the notification requirements is to prevent the public from being placed at risk of harm. • The intention is that practitioners notify the Australian Health Practitioner Regulation Agency (AHPRA) if they believe that another practitioner has behaved in a way which presents a serious risk to the public. 35 Mandatory notifications • The National Law does not require a student to make a mandatory notification • However, students who are registered in a health profession under the National Law “should be familiar with these guidelines”. This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 36 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 18 9/10/2023 Mandatory notifications • The threshold to be met to trigger a mandatory notification in relation to a practitioner is high. • Making a mandatory notification is a serious step to prevent the public from being placed at risk of harm and should only be taken on sufficient grounds. • Guidelines describe what sufficient grounds (including a ‘reasonable belief’) may be. 37 Mandatory reporting • The obligation to make a mandatory notification applies to the conduct or impairment of all practitioners, not just those within the practitioner’s own health profession. • Notifications made to the Australian Health This material is provided to you as a Practitioner Regulation Agency (AHPRA) Macquarie University student for your • AHPRA then refer it to the appropriate Board individual research and study purposes only. You cannot share this material publicly (e.g. Psychologists Board of Australia) online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 38 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 19 9/10/2023 What is notifiable conduct? • S. 140 of the National Law defines ‘notifiable conduct’ as where a practitioner has • “practised the practitioner’s profession while intoxicated by alcohol or drugs; or • engaged in sexual misconduct in connection with the practice of the practitioner’s profession; or 39 What is notifiable conduct? • placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or • placed the public at risk of harm because the practitioner has practised the profession in a way that constitutes a significant departure from This material is providedaccepted to you as a professional standards.” Macquarie University student for your individual research and study purposes only. Hard to see as impairment is internal and You cannot share this material publicly acceptable professional standards is different online without permission. Macquarie to everyone or some treatments may not be University is the copyright owner of (or haspopular (even if they become gold-standard licence to use) the intellectual property in later on) 40 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 20 9/10/2023 DONT NEED TO KNOW THIS 10/9/2023 41 41 DONT NEED TO KNOW THIS This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 42 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 10/9/2023 42 21 9/10/2023 DONT NEED TO KNOW THIS 10/9/2023 43 43 This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 44 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 10/9/2023 DONT NEED TO KNOW THIS 44 22 9/10/2023 Privacy Act 1988 http://www.oaic.gov.au/privacy/privacyresources/privacy-guides/app-quick-referencetool Recently revised 13 Australian Privacy Principles (APPs) 45 Privacy Act 1988 APP 1 — Open and transparent management of personal information • Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date APP privacy policy. This material is provided to you as a APP 2 — Anonymity and pseudonymity Macquarie University student for your Requires APP entities to give individuals the individual research •and study purposes only. You cannot share this option material publicly of not identifying themselves, or of online without permission. Macquarie using a pseudonym. Limited exceptions apply. University is the copyright owner of (or has licence to use) the intellectual property in 46 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 23 9/10/2023 Privacy Act 1988 APP 3 — Collection of solicited personal information • Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of ‘sensitive’ information. APP 4 — Dealing with unsolicited personal information • Outlines how APP entities must deal with unsolicited personal information. 47 Privacy Act 1988 APP 5 — Notification of the collection of personal information • Outlines when and in what circumstances an APP entity that collects personal information must notify an individual of certain matters. APP 6 — Use or disclosure of personal This material is provided to you as a information Macquarie University student for your Outlines the only. circumstances in which an APP individual research •and study purposes You cannot share this entity materialmay publiclyuse or disclose personal online without permission. Macquarie information that it holds. University is the copyright owner of (or has licence to use) the intellectual property in 48 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 24 9/10/2023 Privacy Act 1988 APP 7 — Direct marketing APP 8 — Cross-border (overseas) disclosure of personal information APP 9 — Adoption, use or disclosure of government related identifiers 49 Privacy Act 1988 APP 10 — Quality of personal information • An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is This material is provided to you as a up to date, complete and relevant, Macquarie University accurate, student for your individual research and study purposes only. having regard to the purpose of the use or You cannot share this disclosure. material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 50 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 25 9/10/2023 Privacy Act 1988 APP 11 — Security of personal information • An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances. 51 Privacy Act 1988 APP 12 — Access to personal information • Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies. This material is provided to you as a Macquarie University student protects for yourclient but also YOU if someone accuses you of malprac5ce individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 52 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 26 9/10/2023 Privacy Act 1988 APP 13: Correction of personal information • Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals. • Must take reasonable steps to correct personal information to ensure it is accurate, up-to-date, complete, relevant and not misleading, if: • the entity is satisfied it needs to be corrected, and/or • the individual requests correction and the information needs to be corrected 53 Human rights • http://www.hreoc.gov.au/ • Australian Human Rights Commission • Australian Human Rights Commission Act 1986 • Age Discrimination Act 2004 • Disability Discrimination Act 1992 This material is provided to you as a • Racial Macquarie University student for yourDiscrimination Act 1975 individual research and study purposes only. • Sex Discrimination Act 1984 You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in 54 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 27 9/10/2023 Human Rights • • Cannot discriminate on the basis of age, gender, race, or disability Australian laws recognise a number of international conventions, covenants and declarations 55 A final word • There is a lot of crossover – the same principles are seen in codes of conduct, codes of ethical practice, professional guidelines, and laws from a range of areas • The take home message is: These are not just suggestions for professional practice This material is providedThere to you asare a many laws in Australia which Macquarie University student for your govern how you behave as a professional in individual research and study purposes only. psychology and allied professions You cannot share this material publicly These not only govern you – they protect online without permission. Macquarie you, clients, and society. University is the copyright owneryour of (or has licence to use) the intellectual property in 56 this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 28 9/10/2023 Thanks everyone! 57 This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. 29