LEGAL AND ETHICAL RESPONSIBLITIES

Legal and Ethical Responsiblities in Counseling Practice

Introduction

The legal and ethical responsibilities are needed to be implemented in counselling practise for the protection and information of their clients. The client can be an individual, communities, families and groups.

Legal Responsibilities

Family Counselling Confidentiality

Obligations for confidentiality have been imposed by the Family Law Act on the counsellors. These persons are responsible of maintaining the confidentiality of all the discussed issues. They can only disclose those communications between them and their clients first to the person with whom the communication was made and in case if the client is below 18 then with the consent of his/her parents or in some cases with the consent of court. Counsellors might disclose this communication in case where he believes that revelation is necessary for the protection of the client from any psychological and physical harm risk , for preventing any imminent or serious threat to the health or life of some other person.

The provisions of confidentiality in ss 10D and 10H are applicable to the communication which is made between the counsellor and the client. The commissions take into consideration that whether the risk assessment and screening conducted are actually the part of the counselling whereas 10H gives protection to maintain the confidentiality of the communication which is being made while conduction risk assessment and screening. The Family Law Act section 10F defines the process of protection provided by the counsellor to the affected people or expected to be affected by divorce or separation to solve all or some of their issues from each other.

Serious Threats to Health, Life or Safety

ss 10D and 10H allows disclosure in case where there is threats to health and life, such ostensive threats must be imminent and serious. Furthermore, 10D and 10H do not explicitly allow disclosures by the counsellors in conditions where disclosure is anticipated to avert the threat fo the safety of the person.

The Privacy Act 1988 (cth) has set principles for disclosure and use of the personal information in the information privacy principles ( IPPs), which are applicable to the organizations of Federal public sectors. The NPPs and IPPs each permit personal information to be disclosed and used if it is necessary to prevent or lessen imminent and serious threat to health or life of an individual. The NPPs moreover permit disclosure and use if it is necessary to prevent and lessen imminent or serious threat to the safety of an individual or imminent threat to public safety or public health.

Ethical Principles

Counsellors respect worth, dignity and humanity of the people and put forward this practise in their work. They respect and recognize diversity between people and resist discrimination and domineering behaviour. They protect their client's secrecy and keep the confidentiality of the information that is obtained during the work. Counsellors try to protect their client's rights that include informed consent right. Throughout their professional span, they try to develop and maintain competency. They follow their society laws.

Ethical Responsibilities

Responsibilities to the client

Reasonable steps are taken by ...