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Law and Ethics Revision Notes

1. Introduction to Law.
Law is about = rules, rights and duties Law attempts to = regulate, stabilise, create certainty, protect Law & morality = 2 different issues & are not necessarily connected Law is subjective = Australias legal system provides for an ADVERSARIAL trial = 1 winner/1 looser

Law attempts to IDENTIFY the wrong doing PROVIDING A SYSTEM for finding out if alleged act took place & if there were any MITIGATING CIRCUMSTANCES & then to PUNISH/COMPENSATE Laws of evidence = Identify rules about the questions that can be asked, how to obtain the information & whether or not I can force someone to give evidence Mitigating circumstances = allows people to explain their behaviour i.e. self defence Punish or compensate = Criminal law punish, Civil law compensate

2. Structure of the Legal System - Classification of the law:


PUBLIC (Individuals & the State) PRIVATE (Individuals between themselves) Contract Tort

Administrative Constitutional Criminal Industrial

PUBLIC LAW Domestic Constitutional Administrative Taxation Local Gov. Human rights Criminal Admin of justice Customs Consumer protection International Arms cont. Extradition Piracy Human rights War crimes Sovereignty Fishing Trade Air Navigation Shipping Domestic Contracts Torts Probate Property Family Corporate Industrial Commercial Trusts

PRIVATE LAW International Citizenship Residency Foreign marriage Foreign adoption Foreign divorce

CRIMINAL LAW Federal criminal justice system State criminal justice system

CIVIL LAW Contracts Torts Property Wills Family law COMPENSATION

PUNISHMENT The Commonwealth Constitution set up 3 things: Federal Parliament - 2 houses & Gov. General

Division of powers = - Exclusive powers Federal parliament only i.e. Family law, taxation - Concurrent powers both Federal/State i.e. Consumer law, criminal law - State parliaments i.e. Environmental, traffic laws High Court of Australia highest court in Australia COURTS/CASES 2 types of cases heard by courts 1. 1st instance hears case for the 1st time 2. Appeal 1st case has been heard but unhappy with result they may ask another court to review decision Australian courts divided into: Federal Courts High Court, Federal Court & Family Court NSW Courts Supreme Court, District Court & Local Court

Australian courts are based on Hierarchy: allows for specialisation with different courts Allows courts to hear 1st instance & appeal cases in different courts

COURT SYSTEM IN New South Wales FULL HIGH COURT HIGH COURT FULL FAMILY COURT FULL FEDERAL COURT COURT OF APPEAL/FULL SUPREME COURT FAMILY COURT FEDERAL COURT SUPREME COURT DISTRIC COURT LOCAL COURT CRIMINAL LAW CIVIL LAW

3. How laws are made


Federal Parliament made up of 3 parts, based on Westminster System - House of Representatives - The Senate - Gov. General (represents the Queen) Making an Act of Parliament = A Bill Act 1. House of Representatives idea the Bill Bill sent to Cabinet (Min responsible), 1st reading Introduced), 2nd reading (debated) COMMITTEE STAGE (discussion clause by clause) 3rd reading (final debate) VOTE (majority wins) 2. Senate 1st reading 2nd reading 3rd reading VOTE Result 1, Bill passed (sent to Gov. General), Result 2, Bill passed with changes (sent back to HR for debate/vote on changes if passed Result1 Rejected Result 3), Result 3, Bill rejected sent back to HR resubmit or discard = double dissolution 3. Gov. General Bill becomes an Act Assent Act number allocated Start on assent or on proclamation to commence later as notified Act is now law Function of court interpret how law is made by parliament applies to individuals Australia common law system = Judges make laws when deciding on cases Doctrine of precedent where a superior court has applied a particular precedent of law then a court of a lower level in same jurisdiction is bound to apply that same principle in simular case before it Civil Law compensation Balance of probabilities Plaintiff person complaining has to prove there case

Criminal Law Punishment Onus of proof beyond a reasonable doubt Police charge you & crown prosecutes you Proof beyond a reasonable doubt Innocent until proven guilty

Common Law judges can make the law but are bound by precedent

Business Law
Business Structure
SOLE TRADER Controls & manages the business Income treated as their personal income for taxation Tax losses offset against other income Use own tax file number Responsible for won superannuation contributions

Disadvantages Liable for all debts Non business assets exposed Legally responsible for all aspects

PARTNERSHIP Three elements need to be proven 1. Business being carried on 2. Business carried out by people in common 3. View to making a profit Partnership Deed a written agreement - obligations, benefits of each partner & share of the profit & loss Jointly & separately liable for all debts Greater access to finances Non business assets exposed Responsible for all debts of the partnership Responsible for own superannuation contributions

COMPANY Registered under the Australian Securities & investment commission (ASIC) Defined as entity created with a view to making a profit Must apply for CAN Legal entity in own right & spate from the people in it Non business assets protected A company is capable of suing & being sued in its own right Must be a registers office o[en to public each business day Company directors obligations i.e. place companys interests above their own, act honestly etc.. More regulatory & reporting requirements

Tax Law
Tax file number = unique to you Income tax = imposed at Federal level income tax on personal income is progressive Tax return = 1st July 30th June Tax is paid on all assessable income i.e. salaries, wages, cenrterlink payments, investments Payment summery = income tax withheld from wages throughout the year Proven by receipt = work related expenses Fines & penalties payable for not completing your tax return honestly Medicare Levy= 1.5% funds the Medicare scheme Capital Gains Tax personal income tax system applies to all capital gains made on disposal of assets Fringe Benefits Tax = Employer gives you a car you pay tax on these benefits Company Tax = tax on profits flat rate of 30% Pay Roll Tax = 5.4% paid on wages by employers above the threshold $750,000 GST = Broad based tax of 10% on most goods & services - Need an ABN - Quote number on all transactions - Business must register for GST if turnover higher than $75,000 - GST resisted customers need a tax invoice to claim GST credits on purchase - If no ABN been quoted on invoice 46.5% of that invoice is withheld - less than $75 passed onto Government DEPRECIATION devaluing an asset over a period of time i.e. machinery, cars, computers etc. SUPERANNUATION money made available to them during retirement Minimum provisions are compulsory superannuation guarantee Employer required to pay proportion of an employees salary into a super fund Superannuation Levy 9.25% Employers required to pay this money into fund at least every 3 months Employees have right to choose the fund SUPER LEVY - $500 payment to low income earners ($37,000 p/y) Anyone still working over age of 70 also entitled to super guarantee

Are you an Employer for superannuation guarantee purposes? If you employ a person under an employment contact on a full time , part time or casual basis

Are they employees for superannuation guarantee purposes 18 y, you pay them $450 or more, before tax, in wages per month Under 18y, they work at least 30 hrs. per week

You may have to pay levy for contractors if their contract is mostly for their labour you pay them hrs. Worked.

Sole traders/Partners in a partnership = dont have to make super contributions NOT: - Dont pay the levy if employee earns $450 p/m or is under 18y working less than 30hrs. per week - Earn above super contribution base & some foreign executives whop hold certain visas - Employees who pay to do work of a private or domestic nature for no more than 30hrs. per week What you need to do: Set up eligible workers 9.25% of their ordinary time earnings are paid into fund of their choice

Employment Law Industrial Relations


Branches of law that cover this area - Both Common Law & Acts of Parliament & Contract law - Legal basis for employment relationships is a CONTRACT - Traditionally based on master/servant relationship Fair Work Act, 2009 - Corporation being the determining factor Contract of Employment = personal & apply only to the individual worker An employee has a contact of service An Independent contractor has a contract for service

Criteria for determining which category a person falls into; Control Intention of the parties Basis of payment Ability to work for others Provision of tools of trade Commercial risks

Many massage therapist are employed as independent contractors rather than employees (vicarious Liability)

VICARIOUSE LIABILITY COMMON Law doctrine & cannot be overridden by an employment contract States that an employer is vicariously liable for the torts of an employee even if they have no personal blame. An employer will never be vicariously liable for the torts of an independent contractor

Major benefit of being an employee boss cannot sue you to recover the $ either. Fair Work Act 2009 = 1st January 2010 10 national employment standards - Max weekly hrs. - Request for flexible working arrangements - Parental leave & related entitlements - Annual leave - Personal/carers leave, compassionate leave - Community service leave - Long service leave - Public holidays - Notice of termination/redundancy leave - Fair work information statement

Termination of Contracts; Performance Agreement Frustration no fault of wither party i.e. factory burnt down Death Liquidation bankruptcy or out of business Resignation employee wants to end employment relationship, they must advise their employer and give them Notice

Dismissal; where employer advises employee that they wish them to leave = 2 types Summary Dismissal On the spot Without notice repudiatory breach of contract Gross misconduct Gross negligence Theft fraud Intoxication Behaviour causing imminent or serious risk to health & safety of others or reputation of the business

Dismissal with Notice Employer asks employee to leave, but no serious underlying reason Must show it was not harsh, unfair or unjust Ensure employee has been told that their performance is not acceptable & that they been given the opportunity to improve

Small businesses - The Small Business Fair Dismissal Code - Less than 15 employees

Employment Law Discrimination, Workers Compensation


Discrimination can be Direct - involves a specific act that is illegal Indirect involves doing something that indirectly treats people differently

Legislation in this area does 2 things; - Makes any discrimination that has occurred unlawful & provides compensation/penalties - Provides education & information on awareness of discrimination practices - Is a binding decision - Discrimination is a non-legal term takes its meaning from the context in which it is used & objective of the legislation in question - Discrimination means to distinguish unfavourably to set apart, isolate, treat differently Context based = gender, age, race - To win a discrimination case need to prove you have been distinguished unfavourably on the basis of age, race, gender etc. Complaint based = person being discriminated against must make a com0palint or ask someone to do so on their behalf. Complaint must have some basis & not be frivolous or vexatious, trivial or spiteful - Gender equally qualified for the job - Should earn the same pay - Have equal opportunity to be hired Marital status should not be asked in interviews or made a requirement Race should not be taken into account Religion must not be victimised or ridiculed Age age is no longer a requirement Physical or mental incapacity unless it impacts on their ability to perform the required tasks Political/Union involvement Politics should be kept out of the work place, Union membership is optional SEXUAL HARASSEMT Sex Discrimination Act 1984 Occurs when someone is demoted, fired, refused a promotion, denied benefits or refused to be hired because he/she denies sexual favours to another employee. Covers all conduct of a sexual nature in the workplace which a personable person would regard as offensive or indecent Requests for sex/sexual activities, comments inappropriate touching, body contact, downloading or viewing pornography etc.

Workers Compensation
Workers compensation relates to injuries obtained in the workplace Covered by Common Law & Legislation State based only applies to NSW

At Common Law an employer owed an employee a duty of care Work Health and Safety Act 2011 Employees not only have a Common Law Duty they also have a Legislative Duty (OHS) A statutory scheme to awarded injured employees A no fault scheme (dont need to prove fault) Compensated for your inability to work

Legislation covering this area is The Workplace Injury Management & Workers Compensation Act 1988 & the Workers Compensation Act 1987 Payments come out of workers compensation insurance (compulsory)

ELEMENTS OF WORKERS COMPENSATION To be eligible for workers comp, employee must prove 1. They are a worker as defined in the WIMWCA contract of service (independent contractors not covered) 2. Suffered an injury/disease as defined by the WCA (main contributing factor not just a contributing factor) 3. Injury or disease was arsing out of or in the course of employment (connection to work link to their workplace) Employees still have to exercise care & skill at work. Compensation not payable if If injury to worker is solely attributable to the serious & wilful misconduct of worker Intentional self-inflicted injury

Journey Claims to & from work A personal injury received by a worker on any journey injury arising out of or in the course of employment Does not apply if personal injury is attributed to the serious & wilful misconduct of the worker i.e. under the influence of alcohol or other drug Does not apply if injury was received during or after any interruption of or deviation from any such journey

Applies to - Daily/ other periodic journeys, workers place of abode & place of employment - Educational institution

Torts: Negligence Common Law


Tort Law comes under Civil Law = aim of which is compensation = Damages Under Civil Law plaintiff (person complaining) must prove defendant (person alleged to have done something wrong) is guilty on Balance of Probabilities (one version more probable than the other) Civil Liability Act expanded to cover negligence by taking the Common Law & including it in the Act.

PROVING NEGLIGENCE The party complained of (defendant) should owe the party complaining (plaintiff) a Duty of Care & that the party complaining should be able to prove that he/she has suffered damages as a consequence of that breech

To prove negligence; (a) Owed a duty of care Neighbour Principle; proximity of relationship i.e. massage therapist massaging client, Foreseeability of actions; fail to exercise care & may cause a problem (b) Defendant in breach of duty of care - failure to meet mandatory standards Reasonable Man Test (prove fault); Would reasonable man with the same knowledge and skills & training of defendant have acted in same way, stepping outside scope of practise (c) Suffered injury or a loss as a result of conduct But For Test; but for defendants negligence the plaintiff would have suffered no injury (d) Injury suffered is not too remote in the law Foreseeability Test, was injury the kind that was reasonably foreseeable consequence of defendants conduct

COMPENSATION Special Damages for losses that can be precisely proven or calculated i.e. medical expenses, lost earnings General Damages those that cannot be calculated precisely i.e. losses in the future, pain & suffering

SCREENING CLIENTS Screening of clients allows practitioner to identify problems with client such as injuries or conditions, medications etc. that may be contraindicated when performing a massage. Establishes pattern of behaviour - may be used to prove that you did when client is arguing you did not when or if proving fault. E.g. failure to warn of risks, negligent treatment, misdiagnosis, working outside scope of practise

Torts: Negligence Civil Liability Act 2002


Division 2 - Duty of Care General principles A person is not negligent in failing to take precautions against a risk of harm The risk was foreseeable The risk was not significant A reasonable person in the persons position would have taken those precautions Division 3 Causation General principles That the negligence was a necessary condition of the occurrence of the harm (factual causation) That it is appropriate for the scope of the negligent persons liability to extend to the harm so caused (scope of liability) Division 4 Assumption of Risk General Principles Obvious to a reasonable person in the position of that person Obvious risks include risks that are patent or a matter of common knowledge In determining liability for negligence a person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless person proves on balance of probabilities that they were not aware of the type of risk

No proactive duty to warn of obvious risk A person (defendant) does not owe a duty of care to another (plaintiff) to warn of an obvious risk

Does not apply if: Plaintiff has requested advise/information about risk from defendant Defendant is required by written law to warn plaintiff of the risk Defendant is a professional & risk is risk of death/personal injury to plaintiff from the provision of a professional service by the defendant Inherent Risk (No liability) a risk of something occurring that cannot be avoided by the exercise of reasonable care & skill

Division 6 Professional Negligence Standard of care for professionals A person practising a profession does not incur liability in negligence arising from a professional service if its established the professional acted in manner that (at time service was provided) was widely accepted in Australia by peer professional opinion as competent professional practise.

Torts: Assault, Battery & Occupiers Liability


ASSAULT Occurs when 1 person creates in another an apprehension of imminent harmful or offensive contact - There is no physical contact in assault in civil law. In order to prove assault plaintiff must show 2 things: 1. A reasonable person would have felt apprehension at the actions of the defendant 2. Must have been a reasonable means of carrying out the threat BATTERY Battery is the voluntary application of direct force to another person without their consent i.e. touching someone without their consent In order to prove battery 3 elements must be shown: 1. There is an intentional act 2. There was actual touching 3. There was no consent The tort of battery unlike negligence does not require an injury of the plaintiff 1. Intentional act = touching was intentional 2. Physical contact between the plaintiff & defendant 3. Consent = before medical/therapeutic treatment can be given to an adult of sound mind valid consent must be obtained A person has the tight to accept or refuse treatment, excepting medical emergency INFORMED CONSENT Doctrine of informed consent: Patient must be informed of the risks & complications Advised of the ratio of risks & benefits involved in a procedure, as compared to alternative procedures or of no treatment at all.

OCCUPIERS LIABILITY Where a person is injured by something dangerous on private land the person responsible is the occupier; the occupier is the person who has the lawful possession of the property. If property is leased then tenant becomes the occupier & are responsible for injuries on leased properties, even if landlord is responsible for the maintenance Rules that apply are those of determining whether negligence can be proven

Consumer Law
The legal basis for consumer law is a contract Consumer law is an area of concurrent law i.e. Federal & State laws in the same area Federal level Competition & Consumer Act 2010 NSW Fair Trading Act

A contract is a deal which both parties intend to be legally binding or which they would have meant to be so, had they stopped to consider it. To prove a contract exists there are 3 elements needed (1) Agreement, a definite offer & unconditional acceptance of the offer. There are rules relating to agreements. (a) Capacity; in that the person must be an adult and of sound mind; (b) Identifiable parties i.e. one makes the offer and the other accepts and (c) Terms these are promises made by the agreement that must be adequately assured for the agreement to be formed (2) Consideration i.e. points to the obligations undertaken by the other party, there must be an exchange. - Each party should be able to identify what they need to do in order to fulfil the terms of the agreement - Also covers Barter agreements but does not cover gifts or free items as there has been no exchange. (3) Intention to enter legal relations; this third element is not so much stated as implied, formed inferred from circumstances surrounding the agreement - In writing and or a signature are ways that can prove a contract exists.

THE 5 IMPLIED TERMS FOUND IN EVERY CONSUMER CONTRACT? The five implied terms in every consumer contract are: (1) Promise by seller that buyer will become the owner (2) Promise by seller that if buyer buys goods on strength of description given those goods by the seller, that they will conform (3) Promise by the seller where he/she is made aware of the purpose for which the goods required that goods supplied will be reasonably fit for that purpose (4) Promise by the seller that the goods are of merchantable quality

(5) That where the goods are purchased on strength of a sample that they will conform to the sample.

Criminal Law
Criminal law covers any law declaring that certain conduct is an offence & that gives a penalty Main aim of Criminal Law is punishment Crown prosecutes the person accused Felony = used for crimes such as murder Misdemeanour = crimes punishable by imprisonment or fines Indictable = tried before a judge & jury Summary = tried before a judge alone 4 Basic principles that underpin Criminal Law 1. 2. 3. 4. Innocent until proven guilty presumption in favour of bail Proof beyond a reasonable doubt Right to remain silent Double jeopardy

For any criminal trial there needs to be a: 1. Breach of criminal law an action which is prohibited by the law & at same time have a guilty mind which is part of the offence (both elements need to be proven) - Guilty mind element can be intention desire to achieve an outcome, Recklessness foresees the possibility of consequences but goes ahead & does it anyway, Criminal negligence so negligent it crosses over & becomes criminal 2. Person who is alleged to have broken the law Contemporaneous = Present at the same time 3. Series of procedures Causation = prove that the accuseds guilty act is what caused the victims loss there must be a link with the offense & the outcome

Offences
Sexual assault Must be sex involved 2 components 1. The guilty act - without consent 2. Guilty mind knowing that person did not consent

Indecent assault Any person who assaults a person & at time of or immediately before/after the assault commits an act of indecency There is no sexual intercourse i.e. touching someone in a sexual way, or acting with a sexual overtone

A therapist should always: Get informed consent before massaging Check client is still comfortable with what you are doing Never flirt with client or make comments on their body

Insurance Law
Insurance is a way of protecting peoples interests in themselves, others & property Public liability insurance is compulsory for all massage therapists. Insured = you Insurer = Insurance company Policy = contract between you that sets out all the terms you have agreed to Premium = annual renewal payment Broad form policy = what you are covered for & lists those that are excluded from being covered Defined Events Policy = lists the specific things that are covered Schedule = your specific information is included, amount of indemnity (amount the insurance company will pay up to should you need to make a claim) Subrogation = insurer stands in the shoes of the insured Examples: - Home owners - Home contents - Motor vehicle - Personal accident ( massage therapist should consider offers protection when you cant work & allows you to continue paying bills tax deductable) - Travel - Life - Public liability two aspects (1) coverage where a person has suffered personal injury/property damage as a result of a persons negligence (2) coverage for occupier for injuries sustained on their premises (if sued for negligence, compulsory for all massage therapist) - Workers compensation DUTIES OWED Duty of utmost good faith = owed to each other Duty of disclosure = on you

An Insurance policy is a contract binding Explains how much & when it expires What you are covered for

Ethics = Patients Rights & Practitioners Duties


Ethics is the study of what should be done & is the guiding principle behind what makes behaviours acceptable 5 Basic principles 1. 2. 3. 4. 5. Autonomy - right to self determination Beneficence doing good Non-maleficence actively do no harm Justice fairness, equality & integrity Valuing life value life & accept death

Right to refuse treatment = Patient has a right to accept or refuse treatment given, valid only if the person is competent to give it Sanctity of life = Morally prohibited from killing a person intentionally or intentionally letting a person die, the common interpretation allows exceptions, where it may be permissible to stop preventing death in conditions which are treatable but outcome excessively burdensome Quality of life = Treatment that does not improve or maintain the patients quality of life need not be attempted Ordinary & extraordinary measures = A person can choose to reject extraordinary measures if condition worsens excessive treatment will not be given Futility = Treatment that is futile need not be attempted

RIGHT TO CONFIDENTIALITY Health care professionals owe a duty to keep information disclosed in the course of treatment s confidential Duty of confidentiality is not absolute as there are times when a person cans be asked to break it. These are called authorised disclosures; Consent of the patient patient can consent to information being disclosed Patients benefit information disclosed to other health care practitioners i.e.2 nd opinion Required by the law by the court to give evidence about a client Public interest - Information can be disclosed when in the public interest Serious criminal activity

Right to Access Medical Records Remains the property of the therapist Requirement of the Privacy Act 1988 cover all complementary medicine practitioners Collect only information necessary for your functions/activities Include what the client says, your opinions, letters, tests etc. If a client asks to see their medical records, a health care practitioner must do so A client can look through their records Obtain a copy or take notes Listen or watch audio/video recordings of their sessions Obtain a printout of information stored in electrical form Do not show a clients records to anyone else, even a clients partner unless they have given you permission to do so Where a client challenges the opinion , evaluation or diagnosis of the practitioner, the client can ask the therapist to change it. however as the record is therapist property & must stay intact for legal reasons , a therapist should never change their record where a client asks them to make a note at the back of the file outlining what client disagrees with Make sure all records are up to date & complete

Storing Medical Records Therapist must take reasonable steps to protect all the health information held by them from misuse, loss & unauthorised access Therapist must take reasonable steps to destroy or permanently de-identify health information that is no longer needed

Ethics & the Massage Therapist - Part 1


Public Health Regulation 2012 (NSW) = Schedule 3 = Code of Conduct for Unregistered Health Practitioners Responsibilities of Health Practitioner must provide health services in a safe & ethical manner must maintain necessary competence in his/her field of practise must not provide health care outside his /her experience or training must not provide services not qualified to provide must not use his/her possession of particular qualifications to mislead or deceive clients as to competence in field of practise or ability to provide treatment must prescribe only treatments or appliances that serve the needs of the client

Recognising Limits must recognise the limitations of the treatment & refer clients to other competent health practitioners in appropriate circumstances must recommend to his/her clients that additional opinions & services be sought where appropriate practitioner must assist his/her clients to finds other appropriate health care professionals if required must encourage his/her clients to inform their treating medical practitioner of treatments being received must have a sound understanding of any adverse interactions between therapies & treatments he/she provides or prescribe & any other medications or treatments

Limits to Practice must ensure that appropriate first aid is available must obtain appropriate emergency assistance a health practitioner who has been diagnosed with a medical condition that can be passed on to clients must ensure to practice in a manner that does not put client at risk if have been diagnosed with a condition that can be passed onto clients should take & follow advice from appropriate medical practitioner on the steps to be taken to modify his/her practise

Infection Control must not hold himself/herself out as qualified, able or willing to cure cancer or other terminal illnesses may make a claim as to his/her ability or willingness to treat or alleviate the symptoms of those illnesses if that claim can be substantiated must adopt standard precautions for the control of infections in his/her practise

Treatment Advice must not attempt to dissuade clients from seeking/continuing with treatment by a registered practitioner must accept the right of his/her clients to make informed choices in relation to health care should communicate & co-operate with colleagues in best interest of the client If you have serious concerns about treatment provided by any of his/her clients by another practitioner must refer the matter to the health care complaints commissions

Impairment Must not practice under the influence of alcohol or drugs If taking prescribed medication must obtain advice from prescribing health practitioner on the impact of medication & refrain from treating clients in circumstances where ability may be impaired Must not practise while suffering from physical/mental impairment that detrimentally affects his/her ability to practise or places clients at risk to harm

Exploitation Must not accept financial inducements /gifts for referring clients Must not offer financial inducements/gifts in return for client referrals Must not provide services/treatments to clients unless designed to maintain or improve the client health & wellbeing

Misrepresentation Must not diagnose or treat an illness without adequate clinical basis Must not engage in any form of misinformation/misrepresentation in relation to product or service he/she provides or as to qualifications, training, professional affiliations Must provide truthful information as to qualifications, training, professional affiliations Must not make claims directly/indirectly about efficacy of treatment/services provided if cannot be substantiated

Insurance Must not engage in sexual/other close personal relationship with a client Before engaging in a sexual/personal relationship with a former client, must ensure a suitable period of time has elapsed Must comply with relevant legislation od state relating to clients personal information Maintain accurate, legible, contemporaneous clinical records Insure that appropriate indemnity insurance arrangements are in place

Display Must display a copy of code of conduct, document that gives information about how clients can make a complaint complaints commission & be easily visible