Obligation to Report Child Abuse

Pursuant to Section 11 of the Children's Protection Act 1993, psychologists must notify Family & Youth Services if they suspect that a child has been or is being abused or neglected.

The Board provides new registrants with a Child Abuse Report Line card and pamphlet.

It is also recommended that psychologists acquire the "Reporting Child Abuse & Neglect - Mandated Notification Guidelines" booklet, which is available by phoning Families SA (ph: 8343 8703) or by visiting the Families SA website and clicking on "Notification of abuse - mandated notification training" on the right of the screen which will bring you to a page where you can download the Guidelines.

Section 12 of the Children's Protection Act 1993 protects a psychologist from liability for voluntary or mandatory notification of suspected child abuse.

Section 13 of the Children's Protection Act 1993 protects the identity of a psychologist who notifies Family & Youth Services of suspected child abuse.

Acute Crisis - Risk of Harm to Self or Others

If a client indicates a wish to commit suicide, or is assessed as being a risk to themself and/or others, there are various steps which must be taken.

If the client is present with you, you should contact the Assessment & Crisis Intervention Service ("ACIS") - see below.

If the client is not in your presence (ie. has contacted you by phone) you should immediately call the Police and advise them whether or not you have also contacted ACIS as yet - if you have not, the Police will do so.

It is imperative that the above actions are taken in order to protect the client and others from the risk of harm.

Assessment & Crisis Intervention Service ("ACIS")
Telephone: 13 14 65 (will automatically transfer to your nearest team)
24 hours/day, 7 days/week

ACIS provide:
- community based mobile response
- crisis assistance
- initial assessment
- short term case management
- admission to in-patient units

Firearms Legislation - Responsibilities of Registered Psychologists

The Firearms (Miscellaneous) Amendment Bill 1996 and amendments to the Firearms Regulations came into effect in South Australia on 9 September 1996.

Regulation 44 of the Firearms Regulations 1993 (in reference to Section 20A of the Firearms Act 1977 as amended) lists registered psychologists as prescribed persons with a legal obligation to report to the Registrar of Firearms.
Download Firearms Legislation - Responsibilities of Registered Psychologists [2 pages]

Psychologists' Obligations under various Health Professional Registration Acts

Psychologists have a legal obligation to report to various Registration Boards if they are of the opinion that the registered practitioner (including students) is medically unfit to practise their profession.

The report should include the diagnosis of the condition and its likely duration and prognosis.

The following legislation currently applies:

-   Section 43 - Nurses Act 1999
-   Section 54 - Dental Practice Act 2001
-   Section 49 - Medical Practice Act 2004
-   Section 43 - Chiropractic & Osteopathy Practice Act 2005
-   Section 43 - Physiotherapy Practice Act 2005
-   Section 40 - Occupational Therapy Practice Act 2005
-   Section 43 - Podiatry Practice Act 2005

Other legislation for pharmacists, psychologists and optometrists are in the process of being amended to include psychologists as mandatory reporters of medical unfitness.

What may happen if a psychologist fails to comply with the obligation?

1. A prosecution under the various sections of the Acts, which carries a maximum penalty of up to $10,000;
   
2. A risk of a complaint of unprofessional conduct being made to the South Australian Psychological Board; and/or
   
3. A risk of civil liability, such as negligence, being imposed on the psychologist or their employer (if not self employed) for the events which flow from the failure to comply with the obligation.

Much will depend upon the circumstances of each case.