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Ethics - APA & APS


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Duty to protect
US legislation - must inform potential victims, permitted by APS but not mandatory
Ethical basis of confidentiality between client and psych - 4 fold
1. respects personal integrity of person disclosing info (Kantian), 2. Respects clients autonomy (legal issues), 3. Utilitarian basis by instilling confidence to go into therapy, 4. Is beneficent (which also justifies breaches )
Past criminal activity & code of ethics
advises not to disclose unless overriding legal obligation to do so or when failure to disclose presents risk of harm to self or others. No staturory protection is you choose to report in QLD
Legal base of confidentiality - 4 points
1. Discloser can occur with client consent, 2. confidential info can be legally subpeanoed, 3. client can take action for breaches, 4. diff to "privilege"
Are ethical guidlines binding by law
NO but may have legal significance in use of benchmark for best practice or implied contract, negligence etc
Inter alia disclosure of informatin
the collection, storage, and dissemination of info - restricted by c'wealth privacy Act.
the right to withhold information
Mandatory reporting
Exists in all Aust states but only requires psychs in S.A
Confidentiality & Privacy
Confid refers to "degree of secrecy" within the relationship btween parties, Privacy refers to the"type of information" P. 75 text
Future criminal activity
Case of "Tarasoff " - USA where student disclosed intention to kill another unnamed but identifable student (Tarasoff). Psych contacted police to have client admitted to psych care, killed Tarasoff some weeks later and parent sued psych for not warning her(p. 85) .
Privacy act exceptions (permits but does not compel)
believe on reasonable grounds nec. when protection of safety to life or health to indiv. or others, or reasonably necessary to enforce criminatl law or for protection of public revenue
Sexual assualt
1996 Canberra precedent resulted int NSW, Vic, Tassy introduced legislation to restrict circumstances where counsellor must divulge
Disclosure compelled by law
1. court subpeaona, 2. vary state by state but may include: firearm licence when unsafe due to physical or mental illness (S.A), to the registration board if med practitioner, nurse or dentist is unfit to practice, to notify if suspect child abuse/neglect
Discretionary disclose
1. "in the interests of the client" suicide (S.A mandatory for psychs to report) 2. "public interest" risk of harm to a 3rd party, 3. past criminal activity, 4. .

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