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Ethical guidelines
1. Preamble.
The Australian Association for Supervision, Coaching and Consultancy is comprised of individuals who work in the fields of supervision, coaching or consultancy and of training institutes that provide training which is accredited by ASCCANZ.
‘Supervision’ is the generic term (“the mother tongue”) to cover supervision, coaching and consulting and is therefore the term most used in these guidelines.
Individuals are mentioned in the text as follows:
Client refers to clients of ASCCANZ members. These clients can be individuals, couples, teams or organisations at large.
Trainee refers to an individual taking a training course in supervision, coaching or consultancy
Supervisee or coachee refer to a person who receives supervision or coaching. |
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Purpose of the ethical guidelines.
The ethical guidelines for members of the ASCCANZ shall help:
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To protect clients, supervisees and candidates against ethical and legal claims; |
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To fulfil the requirements of the members and their professional development in a manner benefiting the clients; |
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To fulfil the requirements of the trainees pertaining to their training and professional development in a manner benefiting the client and conforming to the requirements of the training programme; |
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To draw up processes, procedures and criteria for the implementation of training programmes. |
These guidelines enable members to study and clarify the ethical aspects of their work. They also serve to inform the public what it can expect in this regard from the members. Every five years - more regularly if necessary - the guidelines shall be formally checked and modified so as to assist members in case of ethical questions during supervision and training. |
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Basic assumptions.
Members respect the dignity of all people. They do not discriminate on the basis of cultural or ethnic origin, physiological, psychological, sociological, economic condition, or sexual preference.
Members practise their occupation in full awareness of the law of the country in which they reside.
Protecting the clients is the members’ primary responsibility. Members shall therefore provide the clients with the best possible service and shall do nothing that could intentionally or through negligence harm a client.
Members shall work towards awakening the awareness of the clients to the dignity, autonomy and responsibility of the human being and to promote actions arising from this awareness.
Members shall make every possible effort to ensure that their client’s assignment is optimally fulfilled. |
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Operation of the ethical guidelines.
In case of apparent non-observance of the guidelines, any members or other concerned party can approach the relevant commission of ASCANZZ. A member’s membership or advanced training contract can be suspended by ASCCANZ if his/her behaviour does not conform to the basic principles laid down in the guidelines and if he/she is not prepared to change this behaviour after meeting in mediation with colleagues of ASCCANZ. The procedure of operations, will be worked out in an operational manual. |
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2. Welfare and rights of trainees and client.
| 2.01 |
Members are obliged to accompany and train trainees to respect the integrity of their clients and to further their welfare. Trainees (and other members if applicable) are expected to inform their clients that they are receiving supervision and that observations and/or recordings of the sessions can be shown to their supervisor or trainer. |
| 2.02 |
Members shall not even remotely suggest to their clients that they possess a higher education or academic qualification than they actually do. |
| 2.03 |
Members shall inform clients of their rights - including protection of personal right and the client’s right that information provided by him/her in the course of a consultation shall remain confidential. Further, the clients shall be informed that their personal right and the right to confidentiality shall not be affected by the supervision. |
| 2.04 |
Members shall not exploit clients in any way, and particularly not for any financial or personal benefit. Sexual relationships between members and supervisees or trainees are forbidden, till five years after finishing the working relationship. |
| 2.05 |
Members shall have a working relationship with their clients, based on a mutually agreed contract. Both parties should have the ability and the intention to comply with the contents of this contract. If either the client or the member is not in a position to conform to the terms of the contract, the member must terminate the relationship in such a way that the client incurs no damage. |
| 2.06 |
By entering into the working relationship, the member creates the appropriate environment for the client. This includes to provide physical security during the work, and information about any risky procedures and to obtain approval to proceed. |
| 2.07 |
Notes from work - including notes made during conversations, test results, correspondence, electronically stored documents, and audio and video recordings is confidential, professional information. This includes professional information from third parties. Such material can be used for training, supervision or research only if the client (or a power of attorney holder in case of a minor) has given permission in writing. |
| 2.08 |
The professional relationship between members and clients is defined by the contract and ends when the contract is fulfilled. However, there are certain professional obligations that exist even after the contract comes to an end. These refer to the following points:
a) Maintaining confidentiality;
b) Not exploiting the former relationship;
c) Making the required after-care available if necessary. |
| 2.09 |
Supervisors, coaches and consultants as well as ASCCANZ accredited training institutes are bound to adhere to the valid professional and legal guidelines when practicing. |
| 2.10 |
If personal or medical problems endanger adherence to the contractual relationship, then members must either terminate the contract in a responsible manner or ensure that the supervisee receives all the relevant information in order to decide for himself/herself whether to continue with the contract or not. | |
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3. Professional activity of supervisors, coaches and consultants.
| The role of supervisors, coaches and consultants includes the following responsibilities: |
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a) |
Monitoring the welfare of the client |
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b) |
Ensuring compliance with the relevant legal, ethical, and professional guidelines
for professional practice |
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c) |
Monitoring the contracted achievements and the professional development of
the clients |
| 3.01 |
Members do not take on any assignments if they are not specifically trained to do so. |
| 3.02 |
Supervisors, coaches and consultants undergo further training and advanced training, for example, with courses, seminars, and professional conferences; they do this continuously and regularly. This training shall be in all fields in which they work. |
| 3.03 |
Supervisors, coaches and consultants promote their client’s awareness of ethical and professional topics as well as of the legal responsibility in their work. |
| 3.04 |
Training institutes urge their trainees to comply with the legal provisions relevant to the practice of their profession. |
| 3.05 |
Client are given the opportunity to contact their supervisor, coach or consultant or any other colleague in crisis situations. |
| 3.06 |
Monitoring the work with an audio or video recorder - in addition to processing oral and written reports - is a standard and regular component of a process of supervision, coaching or consultancy. |
| 3.07 |
Supervisor, coaches and consultants shall ensure that the frequency and duration of contact with their supervisees is commensurate with the assignment. |
| 3.08 |
Supervisors, coaches and consultants shall give their clients continuous feedback relevant to the proper completion of their assignments. This shall be in a manner in accordance with the contract and the level of training. It can be formal or informal; orally or in writing. |
| 3.09 |
Supervisors, coaches and consultants who advise their clients in more than one capacity (for example as trainer, individual coach or supervisor to a board) shall, as far as possible, reduce conflicting role interests. In principle, these roles shall be distributed among different professionals. If this is not possible, ASCCANZ members shall carefully inform their client what expectations and what responsibilities go with each role. Different roles shall be separated in space and time. |
| 3.10 |
ASCCANZ members shall have no sexual relationships with clients. They also avoid social contact with their clients if it could compromise the professional relationship. If, for any reason, the objectivity and capacity of the supervisor, coach or consultant to professionally evaluate is restricted, the professional relationship must be terminated. |
| 3.11 |
Supervisor, coaches and consultants shall not offer any kind of psychotherapy as substitute for or as a supplement to their work. During supervision, coaching and consultancy personal matters can only be discussed in relation to their effect on the client’s performance or for other professional reasons. |
| 3.12 |
By continuously assessing and evaluating the client, the supervisor, coach or consultant becomes aware of the client’s personal or professional limitations. They then can suggest psychotherapy or psychological counselling if it becomes apparent that the client has difficulty understanding his/her own person or solving problems to the extent that it impedes efficient work. ASCCANZ members may not provide this therapy/counselling themselves but should refer to registered PACFA member | |
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4. The training.
| 4.01 |
ASCCANZ trainers shall ensure that the training programmes and the learning experiences offered are in accordance with the currently valid ASCCANZ guidelines and those of other acknowledged associations. |
| 4.02 |
Trainers and learning supervisors shall only offer courses and teach supervision or coaching in areas in which they have the requisite competence and experience. |
| 4.03 |
In order to attain the highest quality in the field of training and supervision, ASCCANZ trainers and learning supervisors shall actively participate in discussions with colleagues who have similar training and experience. |
| 4.04 |
Trainers shall supply (candidate) trainees with detailed information about the training programme offered by their institution with reference to requirements, expectations, roles and rules. They expect an appropriate level of participation from their candidates when working out the procedural norms of their respective institutes, their programmes, their courses, and individual conditions. They shall accept only those candidates who fulfil the prerequisites laid down by the ASCANZZ for admission to a training programme. |
| 4.05 |
ASCCANZ trainers and learning supervisors offer their trainees learning experiences which integrate theoretical knowledge with practical application. They inform the trainees of the goals, procedures, and the theoretical orientation of the method they chose. Trainees are given the opportunity to apply what they have learned and to understand the theory behind the practice. The theoretical models and methods taught reflect current practice, research and resources. |
| 4.06 |
ASCCANZ trainers support and encourage trainees to define their own theoretical orientation, establish their own learning targets, and to monitor their own progress towards achieving their goals. |
| 4.07 |
ASCCANZ trainers assess the experience and capabilities of the trainees so as to establish a standard for professional competence. They limit or extend the trainee’s activities depending on the current level of ability and experience. |
| 4.08 |
Trainers and learning supervisors suggest psychotherapy or psychological counselling if it becomes apparent that the trainee has difficulty understanding his/her own person or solving problems to the extent that it impedes efficient training. Trainers may not provide this therapy/counselling themselves. |
| 4.09 |
A trainer shall not recommend that a trainee take an exam if he believes the candidate to be prejudiced in a way that will have a bearing on his professional competence. In such cases the trainer helps the candidate to understand the nature of his prejudice and, if possible, to overcome it. |
| 4.10 |
If it becomes apparent that the trainee cannot offer any competent professional service he/she shall be excluded from the training programme. Such candidates will be given a clear and professional explanation in writing. |
| 4.11 |
If a training programme includes an experience of personal growth or counselling in which personal details become foreground, measures will be taken to prevent trainers and learning supervisors from having conflicting roles. In case of conflicting roles, the first contract (the training) needs to prevail. |
| 4.12 |
ASCCANZ trainers shall take into account the sequence of priorities in case of conflicts between the requirements of the client, the candidate, the training programme or the organisation conducting the programme. National laws and regulations are always the first reference point as these usually consider the client’s protection. If legal provisions and ethical guidelines are not available or are not clear, the trainer’s evaluation will be guided by the following list:
a) The relevant legal provisions and ethical guidelines (for example, the obligation to issue a warning, laws regarding child abuse etc.)
b) Client’s welfare
c) Trainee’s welfare
d) Trainer’s welfare
e) The requirements of the training programme and/or the place where the programme is being conducted, technical-administrative requirements | |
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5. Professional practice
| 5.01 |
During their entire professional life ASCCANZ members shall subject themselves to supervision, irrespective of the level of training, examinations passed, or membership of a professional organisation. They shall constantly stay abreast of developments in their field by participating in conferences and seminars and by keeping themselves informed of issues discussed at professional associations. |
| 5.02 |
ASCCANZ members shall refrain from making derogatory remarks or allusions in public about the position, qualification, or character of other members. On the other hand, direct personal and professional criticism is welcome. |
| 5.03 |
ASCCANZ members can confront a colleague directly, not publicly, when they have grounds to believe that he/she is not behaving in accordance with the ethical guidelines.
If the issue cannot be resolved, they shall inform the ethical committee of ASCCANZ. | |
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Professional conduct procedure |
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This statement, Ethical Framework, is applicable to supervisors, coaches and consultants. It is intended to support the practice of each member of ASCCANZ.
In this document the term 'practitioner' is used generically to refer to all members. The term 'client' is used as a generic term to refer to the recipient of any of these services.
It is intended that the ethical framework will grow as ASCCANZ develops. It was agreed at the 2003 AGM that the first part of this document for members would concern professional conduct.
1. Introduction
| 1.1 |
Aim
The aim of the Professional Conduct Procedure is to afford protection to clients and to protect the name of ASCCANZ and the professions of supervision, coaching and consultancy as conducted by both individual and organisational members of the Association. |
| 1.2 |
Bringing a complaint
A complaint can be brought by either:
a) a member of the public seeking or using a service provided by a member of the Association or
b) a member against another member |
| 1.3 |
Complaints against Board Members
If a complaint is made against a Board Member that person will stand down from the Board while the complaint is investigated.
If the complaint is made against the President, the Vice-President will step into the role that the President would otherwise take as outlined in this procedure. If the complaint is made against the Secretary, the Vice-President will step into that role as outlined in this procedure. |
| 1.4 |
Complaints against non-members
The Association cannot deal with complaints against individuals or organisations who were not members of the Association at the time of the alleged breach of professional conduct. |
| 1.5 |
Timescale
| 1.5.1 |
A complaint must be lodged within two years of the alleged breach. |
| 1.5.2 |
All records, save for details of the formal complaint, the formal response, the decision of the Professional Conduct Panel, Appeal decision and sanction which are kept for five years, will be kept for a period of two years only. | |
| 1.6 |
Administration
The administration of the Professional Conduct Procedure will follow protocols laid down by ASCCANZ. These will be administered by the Secretary of the Executive Board. |
| 1.7 |
Expenses
ASCCANZ is not responsible for travel or any other expenses incurred either by the Complainant or the Member Complained Against (or any support person/representative) in connection with any stage of the complaint. The Association cannot order one party to a complaint to pay another party's costs. |
| 1.8 |
Dual accountability
The Association may decide to hear a complaint against a member when another organisation is involved in a similar process arising out of the same substantive matters. |
| 1.9 |
Resolution
Before making the complaint, the Complainant is expected to attempt to resolve the issue with the individual or organisational Member Complained Against. The Complainant must demonstrate that all informal channels or, in the case of organisational members, all internal processes and procedures have been exhausted. If local resolution is impossible or inappropriate, an explanation as to why this is the case will be required. |
| 1.10 |
Findings
Information about attempted resolution as detailed in 1.9 will be kept internal to ASCCANZ unless the complaint is not resolved and invokes the process outlined below.
ASCCANZ reserves the right to distribute any findings upheld against a member where it considers it right and just to do so in all circumstances and in accordance with the detail in paragraph 4.10 below. | |
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| 2. Making a complaint |
| 2.1 |
The complaint
The complaint must satisfy the following conditions:
a) it is brought EITHER by a client using a service provided by a member OR by a current member of the Association;
b) the individual or organisational Member Complained Against is named and is a current member of the Association and was a member of ASCCANZ at the time the alleged breach occurred;
c) it is in writing, signed and received by the Secretary of the Executive.
A complaint not satisfying the above conditions will be rejected.
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| 2.2 |
Notification
The Member Complained Against will be notified that a complaint has been received, given a copy of that complaint and details of the procedure to be followed. The Member Complained Against is not required to respond at this stage, but will be given an opportunity at a later stage if the complaint is accepted under the formal Professional Conduct Procedure (section 3). |
| 2.3 |
Receipt of a complaint
a) the complaint will be submitted to a Professional Conduct Panel, which will convene at the request of the President of ASCCANZ. On the panel there will be at least 3 people, two of whom must be Board members. The role of chairing the Professional Conduct Panel will be held by one of the Board members.
b) the Panel will hold a preliminary meeting to decide whether to accept the complaint, refer it back for further information/clarification, or reject it. The panel has the discretion to interview the Complainant and/or Member Complained Against if deemed appropriate;
c) if further information/clarification is requested, upon receipt of same, the complaint will be re-submitted to a second preliminary hearing which will decide whether to accept it to be dealt with at a Professional Conduct Hearing, or reject it;
d) once the complaint is accepted to be dealt with at a Professional Conduct Hearing, the Chair of the Panel will start the formal Professional Conduct Procedure (see section 3);
e) if the complaint is rejected at the preliminary meeting, the Complainant and Member Complained Against will be formally notified in writing. The decision of the Panel will be final. | |
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| 3. The formal Professional Conduct Procedure |
| 3.1 |
Acceptance of complaint
The Complainant and Member Complained Against will be notified in writing that the complaint will proceed to a Professional Conduct Hearing. |
| 3.2 |
Responding to a formal complaint
At the time of notification of acceptance of the complaint, a full copy of the formal complaint will be submitted to the Member Complained Against, who will have 28 days to respond to the complaint. Any response to the complaint must be forwarded to the Chair of the Professional Conduct Panel. |
| 3.3 |
Evidence
All evidence submitted by either the Complainant or the Member Complained Against shall be available to the parties involved in the complaint. The Chair of the Professional Conduct Panel will distribute to the parties copies of all submissions made. |
| 3.4 |
Conduct
It is the duty of the parties taking part in the Professional Conduct Procedure to comply with the protocols laid down by ASCCANZ. Any failure to comply may result in the termination of the Professional Conduct Procedure or termination of membership. |
| 3.5 |
Suspension of rights of membership
The Executive may suspend the rights of membership of the Member Complained Against, pending the finalisation of the Professional Conduct Procedure when, having regard to the nature of the complaint, it appears appropriate and just to do so in all the circumstances.
The Chair of the Professional Conduct Panel will notify the Member Complained Against of the suspension of membership or of any rights of membership.
No liability for any loss suffered, or expenses incurred, will attach to ASCCANZ for the suspension of membership or rights of membership even where a complaint is not upheld. |
| 3.6 |
Lapsed membership
Failure to renew membership by a Member Complained Against during the course of a complaint will not normally terminate the Professional Conduct Procedure.
A member's resignation from membership of ASCCANZ will not terminate nor invalidate the hearing of a complaint by the Association. | |
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| 4. The Professional Conduct Hearing |
| 4.1 |
Professional Conduct Panel
The Professional Conduct Panel will comprise at least 3 people, two of whom will be current ASCCANZ Board members. |
| 4.2 |
Purpose
The purpose of the Professional Conduct Panel is to examine the complaint and decide whether the complaint is proved or not. If proved, the panel will decide whether or not any sanction should be imposed. |
| 4.3 |
Declaration of interest
Members of the Professional Conduct Panel have a duty to declare any interest which may be considered to affect their impartiality, or likely to be thought so to do. |
| 4.4 |
Venue
Professional Conduct Panel meetings will be held at or within the vicinity of ASCCANZ's headquarters, other than in exceptional circumstances. |
| 4.5 |
Presence of a representative/support person
When appearing at the Professional Conduct Panel, the Complainant and Member Complained Against may each be accompanied by a representative who may support and/or speak on behalf of the party concerned. |
| 4.6 |
Written evidence
Written evidence and/or submissions and witness statements must be submitted in advance by the Complainant and the Member Complained Against. Such papers must be received by the Chair of the Professional Conduct Panel not less than 28 days prior to the date fixed for the hearing. Such papers will be circulated to the Professional Conduct Panel, the Complainant and the Member Complained Against, within a reasonable period prior to the hearing. The Chair of the Professional Conduct Panel may take advice on these papers and/or procedural matters from the Association's lawyer or such other relevant person as may be deemed appropriate. |
| 4.7 |
New evidence
The Chair of the Professional Conduct Panel will determine whether or not new evidence will be accepted on the day of the hearing. |
| 4.8 |
Attendance by witnesses
The Professional Conduct Panel, Complainant and Member Complained Against may call witnesses to attend the hearing. Parties wishing to call witnesses must notify the Chair of the Professional Conduct Panel of the names and details of such witnesses not less than 28 days prior to the date fixed for the hearing. Attendance will only be permitted by the Chair if the witness has supplied a written statement which needs clarification. The panel has the discretion to refuse attendance by a witness if it reasonably believes that such attendance is not relevant or will not add any weight to the issue(s) under consideration. Witnesses may be questioned by the panel and either party connected with the case. |
| 4.9 |
Failure to attend the Professional Conduct Panel
| 4.9.1 |
Where a Complainant or Member Complained Against fails or refuses, without good reason or notice, to attend a Professional Conduct hearing, the Chair of the Professional Conduct Panel has the power to decide either:
a) to proceed with the hearing in the absence of one of the parties;
b) to adjourn the hearing to a date not less than 28 days in advance; or
c) to terminate the proceedings |
| 4.9.2 |
What constitutes good reason shall be solely at the discretion of the Chair of the Professional Conduct Panel. | |
| 4.10 |
Notification of findings
| 4.10.1 |
The decision of the Professional Conduct Panel will be notified in writing to the parties within 28 days of the hearing. |
| 4.10.2 |
The decision of the Professional Conduct Panel, together with details of any sanction, will be published in ASCCANZ's newsletter and on its website in such detail as deemed appropriate to the findings and at its discretion. (In accordance with paragraph 7.1 such decisions will be based on considerations of public interest and the severity of the findings). | | |
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| 5. Sanctions |
| 5.1 |
The Professional Conduct Panel, having regard to the findings, may impose one or more of the sanctions detailed in the relevant protocol. |
| 5.2 |
Lifting of sanctions
The Member Complained Against may make application to the President of ASCCANZ for the sanction to be lifted when the conditions laid down in the sanction have been fulfilled?
| 5.2.1 |
The President will appoint a Sanctions panel of not less than three people to
consider any evidence of compliance. If the requirements of the sanction have been fulfilled, the Sanctions panel can decide whether the sanction should be lifted. |
| 5.2.2 |
The Member Complained Against will be notified in writing of any decision made. The lifting of sanction will be published in the Association's newsletter and on its website if the sanction has been published originally. | |
| 5.3 |
Failure or refusal to comply with sanction
Failure or refusal to comply with the sanction may result in termination of membership. The President of ASCCANZ will notify any such decision to the Member Complained Against, in writing. This decision will be published in the Association's newsletter and on its website. | |
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| 6. Formal appeals procedure |
| 6.1 |
The Member Complained Against may appeal on the grounds detailed in paragraph 6.5. An appeal against the finding of the Professional Conduct Panel must be submitted in writing by the deadline given (see paragraph 6.6), be accompanied by any supporting documentation and served upon the Chair of the Professional Conduct Panel. |
| 6.2 |
The grounds for appeal will be considered by an independent person appointed by the President of ASCCANZ. An appeal can be against the findings of the Professional Conduct Panel and/or sanction imposed. |
| 6.3 |
If the appeal is accepted under paragraph 6.2, a notice to that effect shall be given to the Chair of the Professional Conduct Panel and thereupon the appeal procedure set out in paragraph 6.8 shall take effect. |
| 6.4 |
If there is insufficient evidence to satisfy any of the grounds for appeal (paragraph 6.5), the appellant will be notified in writing by the President of ASCCANZ. This decision will be final. |
| 6.5 |
An appeal will be considered on any of the following grounds:
a) That the facts were found against the weight of evidence.
b) That the sanction is disproportionate to the finding of the Professional Conduct Panel and is unjust in all the circumstances.
c) There is evidence to suggest that a procedural impropriety may have had a material effect on the finding and decision of the Professional Conduct Panel.
d) There is new evidence which was not available at the time of the Professional Conduct Hearing. |
| 6.6 |
Timescale for appeal
Any appeal must be in writing, specify which grounds it is submitted under and be accompanied by any supporting documentation and served upon the Chair of the Professional Conduct Panel within 28 days of notification of the decision and/or sanction. |
| 6.7 |
Professional Conduct Appeal Panel
The President of ASCCANZ will appoint not less than three people, who were not previously involved in the case, to decide the appeal (The Professional Conduct Appeal Panel). One member of the panel will be a Board member. |
| 6.8 |
Format of Appeal Hearing
a) Where there is an appeal as set out in paragraph 6.5 (a), (c) & (d) the appeal will be by way of a re-hearing.
b) Where there is an appeal as set out in paragraph 6.5 (b) only, the Professional Conduct Appeal Panel will meet with the Member Complained Against. The panel will review all the submissions considered by the Professional Conduct Panel, and consider any other mitigating factors submitted by the Member Complained Against.
c) The same rules on representation will apply to the Appeal Hearing as per the original hearing (paragraph 4.5) |
| 6.9 |
Notification of decision
a) The Chair of the Professional Conduct Appeal Panel will report the panel's decision to the President of ASCCANZ who will implement its decision. This decision will be final.
b) The decision of the Professional Conduct Appeal Panel will be notified to the respective parties in writing within 14 days of the appeal hearing.
c) Following the hearing of an appeal, where the appeal is rejected, the decision of the Professional Conduct Panel, incorporating any amendment by the Professional Conduct Appeal Panel, may be published in the Association's newsletter and on its website in such detail as deemed appropriate (such decisions will be based on considerations of public interest and severity of the findings). | |
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| 7. Publication |
| 7.1 |
ASCCANZ reserves the right to publish such details of complaints as it considers appropriate. |
| 7.2 |
The termination of membership under the Professional Conduct Procedure will be published in the Association's newsletter and on its website. | |
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8. Effective Date
This Professional Conduct Procedure 2004 will apply to all complaints received by the Association after 1 October 2004. |
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Types of complaint
The Professional Conduct Panel is responsible for determining whether the grounds of the complaint are upheld and which type(s) of complaint have been contravened. It is envisaged that a single act may fall clearly under type or contravene two or more. The decision about the type must ultimately rest upon consideration of all the circumstances in the case. The information that follows is intended to inform the choice between the three types of complaint available to the panel. These are:
1. Professional misconduct
2. Professional malpractice
3. Bringing the profession of supervision, coaching or consultancy into disrepute
Findings under the first two types are usually, but not exclusively, concerned with behaviour directly related to someone's professional pursuit. The third type may encompass a wider range of behaviour that extends beyond someone's professional pursuit.
Professional misconduct
A finding of professional misconduct signifies that the practitioner has contravened the ethical and behavioural standards that should reasonably be expected of a member of their profession. 'Misconduct' is defined as acting in contravention of the written and unwritten guidance of the profession.
A finding of 'serious professional misconduct' is appropriate if the misconduct is of sufficient seriousness to merit a period of suspension or permanent exclusion from membership of ASCCANZ.
Professional malpractice
A finding of professional malpractice signifies that the service(s) for which the practitioner is responsible have fallen below the standards that would reasonably be expected of a practitioner exercising reasonable care and skill. Examples of 'malpractice' include:
¤ Incompetence
¤ Negligence
¤ Recklessness
¤ Inadequate professional services
It may be that the seriousness of the malpractice is such that it is considered to amount to misconduct.
A finding of 'serious professional malpractice' is appropriate if the malpractice is of sufficient seriousness to merit a period of suspension or permanent exclusion from membership of the Association.
Bringing the profession into disrepute
A finding of 'bringing the profession into disrepute' signifies that the practitioner has acted in such an infamous or disgraceful way that the public's trust in the profession might reasonably be undermined if they were accurately informed about all the circumstances of the case.
A finding under this head must amount to 'disgraceful conduct in a professional respect'. The conduct must have had some connection with a professional role in order to be considered as falling 'in a professional respect'. It ought not to be concerned with matters that can reasonably be viewed as solely personal and private.
Criminal convictions, findings in civil proceedings and hearings by other professional bodies
ASCCANZ may exercise its discretion to take disciplinary proceedings against a member who is convicted of a criminal offence or who has civil or professional findings against them that ought to have been declared on entry into membership or arising during membership.
The ASCCANZ committee has adapted aspects of the British Association for Counselling and Psychotherapy's ethical framework in creating this document. October 2004
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