Practitioner Code of Conduct

Counselling Tasmania Inc.

A Participant: a person or persons who agrees to be engaged in consultation or is being counselled by a person who has represented themselves to be a qualified practitioner, regardless of place, time or payment of fees.

A Member: a person, association or organisation that has current Financial Membership with Counselling Tasmania Incorporated (CTI) and may be engaged in consultation with a Participant/s and/or another Member.

Group of Members.

1. Counselling Tasmania Incorporated (CTI) has been established to;

(a) To provide an industry based Association for persons and organisations engaged in counselling practice, Life Coaching, Counsellor Education and Community Services (Members).

(b) To monitor, maintain, set and improve professional standards in counselling practice, Life Coaching, Counsellor Education and Community Services (Practices).

(c) To be a self-regulatory body to provide for registration of Members and to provide a mechanism for dealing with complaints into Member Practices.

(d) To liaise with Government for the benefit of Members, associated Organisations, and the public.

2. Membership of CTI commits Members to adhere to the CTI Code of Conduct. The Code of Conduct applies to Members and their work related activities. It includes the clinical or counselling/coaching/consultation/community service practice as well as research, teaching, supervision of Members/trainees and other activities that relate to the overall general training and employment of the Member Practices.

3. The Code of Conduct is intended to provide standards of professional conduct that can be applied by CTI and by other bodies that choose to adopt them in Australia and Internationally. Depending upon the circumstances, compliance or non-compliance with the Code of Conduct may be admissible in some legal proceedings.

Code of Ethics

1. Code of Ethics

The helping relationship constitutes the effective and appropriate use of helper’s skills that are for the benefit and safety of the Participant in his or her circumstances.

Therefore as Members (regardless of level) of Counselling Tasmania Incorporated we will:

• Offer a non-judgmental professional service, free from discrimination, honouring the individuality of all Participants.
• Establish the helping relationship in order to maintain the integrity and empowerment of Participants without offering advice.
• Be committed to ongoing personal and professional development, both experiencing and/or presenting opportunities.
• Ensure Participant understanding of the purpose, process and boundaries of the consultation/counselling/therapeutic/helping relationship.
• Offer a promise of confidentiality and explain the limits of duty of care.
• For the purpose of advocacy, receive written permission from the Participant before divulging any information or contacting other parties.
• Endeavor to make suitable referral where competent service can not be provided.
• Undertake regular supervision and debriefing to develop skills, monitor performance and sustain professional accountability.
• Be responsive to the needs of peers and provide a supportive environment for their professional development.
• Not act as or practice legal council on behalf of or to a Participant when practicing as a consultant / counsellor / coach / community service or acting as an agent for a Participant unless appropriate legal qualifications to practice at Law are held by that Member.
• Not initiate, develop* or pursue a relationship be it sexual or nonsexual with past or current Participants, within 2 years of the last consultation session.
• Be responsible for your own updating and continued knowledge of theories, ethics and practices through journals, the association and other relevant bodies.
• Be committed to the above code of ethics and recognise that procedures for withdrawal of Membership will be implemented for breaches.

2. Code of Practice

Introduction

This code applies these values and ethical principles outlined above to more specific situations that may arise in the practice of consultation with Participants. No clause or section should he read in isolation from the rest of the Code.

2.1 Issues of Responsibility

2.1.1 The Member-Participant relationship is the foremost ethical concern. However, consultation does not exist in social isolation. Members may need to consider other sources of ethical responsibility. The headings in this section are intended to draw attention to some of these.

2.1.2 Members take responsibility for clinical/therapeutic/consultation service decisions in their work with Participants.

2.1.3 Responsibility to the Participant.

Participant Safety

2.1.3.1 Members must take all reasonable steps to ensure that the Participant does not suffer physical, emotional or psychological harm during consultation sessions.

2.1.3.2 Members must not exploit their Participants financially, sexually, emotionally, or in any other way. Suggesting or engaging in sexual activity with a Participant is unethical.

2.1.3.3 Members must provide privacy for consultation sessions. The sessions should not be overheard, recorded or observed by anyone other than the individual Member without informed consent from the Participant. Normally, any recording would be discussed as part of the contract. Care must be taken that sessions are not interrupted.

Participant Self-determination

2.1.3.4 In consultation the balance of power is unequal and Members must take care not to abuse their power.

2.1.3.5 Members do not normally act on behalf of their Participants. If they do, it will be only at the express request of the Participant, or else in exceptional circumstances such as Mandatory Reporting as specified by Legislation.

2.1.3.6 Members do not normally give advice, more they empower Participants to make choices.

2.1.3.7 Members have a responsibility to establish with Participants, at the outset of consultation, the existence of any other therapeutic or helping relationships in which the Participant is involved, and to consider whether consultation is appropriate. Members should gain the Participant’s permission before conferring in any way with other professional workers.

Breaks and Endings

2.1.3.8 Members work with Participants to reach a recognised ending when Participants have received the help they sought or when it is apparent that consultation is no longer helping or when Participants wish to end.

2.1.3.9 External circumstances may lead to endings for other reasons that are not therapeutic. Members must make arrangements for care to be taken of the immediate needs of Participants in the event of any sudden and unforeseen endings by the Member or breaks to the consulting relationship.

2.1.3.10 Members should take care to prepare their Participants appropriately for any planned breaks from consultation. They should take any necessary steps to ensure the well being of their Participants during such breaks.

2.1.4 Responsibility to other Members

2.1.4.1 Members must not conduct themselves in their consulting¬ related activities in ways that undermine public confidence either in their role as a Member/Service Provider or in the work of other Members.

2.1.4.2 A Member who suspects misconduct by another Member which cannot be resolved or remedied after discussion with the Member concerned, should implement the Complaints Procedure, doing so without breaches of confidentiality other than those necessary for investigating the complaint.

2.1.5 Responsibility to Colleagues and Others

2.1.5.1 Members are accountable for their services to colleagues, employers and funding bodies as appropriate. At the same time they must respect the privacy, needs and autonomy of the Participant as well as the contract of confidentiality agreed with the Participant.

2.1.5.2 No-one should be led to believe that a service is being offered by the Member which is not in fact being offered, as this may deprive the Participant of the offer of such a service elsewhere.

2.1.5.3 Members must play a demonstrable part in exploring and resolving conflicts of interest between themselves and their Participants, employers or agencies, especially where this affects the ethical delivery of consultation to Participants.

2. 1.6 Responsibility to the Wider Community Law

2.1.6.1 Members must take all reasonable steps to be aware of current law as it applies to their consultation/service practice.

2.1.7 Resolving Conflicts Between Ethical Priorities

2.1.7.1 Members may find themselves caught between conflicting ethical principles, which could involve issues of public interest. In these circumstances, they are urged to consider the particular situation in which they find themselves and to discuss the situation with their supervisor and/or other experienced Members, maintaining Participant confidentiality. Even after conscientious consideration of the salient issues, some ethical dilemmas cannot be resolved easily or wholly satisfactorily.

2.2 Anti-Discriminatory Practice

Participant Respect

2.2.1 Members work with Participants in ways that affirm both the common humanity and the uniqueness of each individual. They must be sensitive to the cultural context and worldview of the Participant, for instance whether the individual, family or the community is taken as central.

Participant Autonomy

2.2.2 Members are responsible for working in ways that respect and promote the Participant’s ability to make decisions in the light of his/her own beliefs, values and context.

Member Awareness

2.2.3 Members are responsible for ensuring that any problems with mutual comprehension due to language, cultural differences or for any other reason are addressed at an early stage. The use of an interpreter needs to be carefully considered at the outset of consultation.

2.2.4 Members have a responsibility to consider and address their own prejudices and stereotyping attitudes and behaviour and particularly to consider ways in which these may be affecting the consultation relationship and influencing their responses.

2.3 Confidentiality

2.3.1 Confidentiality is a means of providing the Participant with safety and privacy and thus protects Participant autonomy. For this reason any limitation of the degree of confidentiality is likely to diminish the effectiveness of consultation.

2.3.2 The consultation contract will include any agreement about the level and limits of confidentiality offered. This agreement can be reviewed and changed by negotiation between Member and Participant. Agreements about confidentiality continue after the Participant’s death unless there are overriding legal or ethical considerations.

2.3.3 Settings

2.3.3.1 Members must ensure that they have taken all reasonable steps to inform the Participant of any limitations to confidentiality that arise within the setting of the consulting work, e.g. updating doctors in primary care, team case discussion in agencies. These are made explicit through clear contracting.

2.3.3.2 Many settings place additional specific limitations on confidentiality. Members considering working in these settings must think about the impact of such limitations on their practice and decide whether or not to work in such settings.

2.3.4 Exceptional Circumstances

2.3.4.1 Exceptional circumstances may arise which give the Member good grounds for believing that serious harm may occur to the Participant or to other people. In such circumstances the Participant’s consent to change in the agreement about confidentiality should be sought whenever possible unless there are also good grounds for believing the Participant is no longer willing or able to take responsibility for his/her actions. Normally, the decision to break confidentiality should be discussed with the Participant and should be made only after consultation with the supervisor of if he/she is not available, an experienced Member.

2.3.4.2 Any disclosure of confidential information should be restricted to relevant information, conveyed only to appropriate people and for appropriate reasons likely to alleviate the exceptional circumstances. The ethical considerations include achieving a balance between acting in the best interests of the Participant and the Member’s responsibilities to the wider community.

2.3.4.3 Members hold different views about the grounds for breaking confidentiality, such as potential self-harm, suicide, and harm to others. Members must consider their own views, as they will affect their practice and communicate them to Participants and significant others e.g. supervisor, agency.

2.3.5 Management and Confidentiality

2.3.5.1 Members should ensure that records of the Participant’s identity are kept separately from any case notes.

2.3.5.2 Arrangements must be made for the safe disposal of Participant records, especially in the event of the Member’s incapacity or death.

2.3.5.3 Care must be taken to ensure that personally identifiable information is not transmitted through overlapping networks of confidential relationships.

2.3.5.4 When case material is used for case studies, reports or publications the Participant’s informed consent must be obtained wherever possible and their identity must be effectively disguised.

2.3.5.5 Any discussion about their consulting work between the Member and others should be purposeful and not trivializing.

2.3.5.6 Members must pay particular attention to protecting the identity of Participants.

2.4 Contracts

2.4.1 Advertising and Public Statements

2.4.1.1 Members who hold accredited qualifications and who are members of recognised bodies are encouraged to mention this.

2.4.1.2 All advertising and public statements should be accurate in every particular.

2.4.1.3 Members should not display an affiliation with an organization in a manner that falsely implies sponsorship or validation by that organization.

2.4.2 Pre-Consulting Information

2.4.2.1 Any publicity material and all written and oral information should reflect accurately the nature of the service on offer, and the relevant consultation training, qualifications and experience of the Member.

2.4.2.2 Members should take all reasonable steps to honour undertakings made in their pre-consultation information.

2.4.3 Contracting with Participants

2.4.3.1 Members are responsible for reaching agreement with their Participants about the terms on which consultation is being offered, including availability, the degree of confidentiality offered, arrangements for the payment of any fees, cancelled appointments and other significant matters. The communication of essential terms and any negotiations should be concluded by having reached a clear agreement before the Participant incurs any commitment or liability of any kind.

2.4.3.2 The Member has a responsibility to ensure that the Participant is offered a free choice whether or not to participate in consultation. Reasonable steps should be taken in the course of the consultation relationship to ensure that the Participant is given an opportunity to review the consultation.

2.4.3.3 Members must avoid conflicts of interest wherever possible. Any conflicts of interest that do occur must be discussed in consultation supervision and where appropriate with the Participant.

2.4.3.4 Records of appointments should be kept and Participants should be made aware of this. If records of consultation sessions are kept, Participants should also be made aware of this. At the Participant’s request information should be given about access to these records, their availability to other people, and the degree of security with which they are kept.

2.4.3.5 Members must be aware that computer-based records are subject to statutory regulations. It is the Member’s responsibility to be aware of any changes the government may introduce in the regulation concerning the Participant’s right of access to his/her records.

2.4.3.6 Members are responsible for addressing any Participant’s dissatisfaction with the consultation.

2.5 Boundaries With Participants

2.5.1 Members are responsible for setting and monitoring boundaries throughout the consultation sessions and will make explicit to Participants that consultation is a formal and contracted relationship and nothing else.

2.5.2 The consultation relationship must not be concurrent with a supervisory or training relationship.

With Former Participants

2.5.3 Members remain accountable for relationships with former Participants and must exercise caution over entering into friendships, business relationships, training, supervising and other consulting relationships. Any changes in relationships must be discussed in consultation supervision. The decision about any change(s) in relationships with former Participants should take into account whether the issues and power dynamics presented during the consultation relationship have been resolved.

2.5.4 Members are prohibited from sexual activity with all current and former Participants for a minimum of two years from cessation of consultation.

2.6 Competence

2.6.1 Member Competence and Education

2.6.1.1 Members must have achieved a level of competence before commencing consultation and must maintain continuing professional development as well as regular and ongoing supervision in keeping with the requirements set by the CTI Board.

2.6.1.2 Members must actively monitor their own competence through consultation supervision and be willing to consider any views expressed by their Participants and by other Members.

2.6.1.3 Members will monitor their functioning and will not consult when alcohol, drugs or other exceptional circumstances impair their functioning. In situations of personal or emotional difficulty, or illness, Members will monitor the point at which they are no longer competent to practice and take action accordingly.

2.6.1.4 Competence includes being able to recognise when it is appropriate to refer a Participant elsewhere.

2.6.1.5 Members should take reasonable steps to seek out peer supervision to evaluate their efficiency as consultant form time to time.

2.6.1.6 Members must recognise the need for continuing education in their chosen profession to maintain a professional level of awareness of current scientific and professional information and education in their particular fields of activity.

2.6.1.7 Members should take steps to maintain their level of competence in the skills they use, be open to new procedures and keep up to date with all changes that are relevant to their area of expertise.

2.6.1.8 Members are responsible for ensuring that their relationships with Participants are not unduly influenced by their own emotional needs.

2.6.1.9 Members must consider the need for professional indemnity insurance and when appropriate take out and maintain adequate cover.

2.6.1.10 When uncertain as to whether a particular situation or course of action may be in violation of the Code of Ethics and Practice, Members must consult with their consultant supervisor and /or other experienced practitioners.

Equal Opportunities Policy Statement

Counselling Tasmania Incorporated is committed to promoting Equality of Opportunity of access and participation for all its Members in all of its structures and their workings. CTI has due regard for those groups of people with identifiable characteristics which can lead to visible and invisible barriers thus inhibiting their joining and full participation in CTI. Barriers can include age, colour, creed, culture, disability, education, ethnicity, gender, information, knowledge, mobility, money nationality, race, religion, sexual orientation, social class and status.

The work of CTI aims to reflect this commitment in all areas including services to Members, employer responsibilities, the recruitment of and working with volunteers, setting, assessing, monitoring and evaluating standards and the implementation of the complaints procedures. This is particularly important, as CTI is a “Voice for Consultation and Counselling” in Australia.

CTI will promote and encourage commitment to Equality of Opportunity by it’s Members.

Counselling Tasmania Incorporated’s Code of Conduct was derived from The Australian Counselling Association Code of Conduct. (National Peak Body for Counselling in Australia).

Complaints Procedure:

If you become aware that a Member of this Incorporation is in breach of this Code of Conduct, please first enter into discussion with that Member where possible, and if the matter is not satisfactorily resolved, or you are unable to enter into free discussion with that Member, then please voice your complaint via this form below.

Your complaint will be sent immediately to the Board of Counselling Tasmania Incorporated for investigation where appropriate and action as deemed necessary. Thank you. Your feedback helps us to maintain the best standards in Service Provision.