GANZ

1. Code of Ethics

2. Code of Practice Standards

3. Complaints Procedure

(It is noted that GANZ is presently undertaking a review of its Code of Ethical Practice.)

1.         CODE OF ETHICS

PREAMBLE

The purpose of this code is to establish standards of ethical practice for members of GANZ in support of the member’s integrity of intent in the professional contact and for the information and protection of those using the Member’s services. The GANZ Code of Ethics is divided into two sections: Ethical Principles and Ethical Responsibilities.

CODE OF ETHICS

Reviewed and Approved by the GANZ Council and GANZ AGM on 17 August 2000.

A. ETHICAL PRINCIPLES

Ethical principles govern the relationship between therapists and clients and also extend to other professional relationships where there is an imbalance in power. In this instant ‘client’ is understood to be a person/persons receiving therapy/training/supervision or other professional service from the ‘therapist’, in their designated role.

Examples include:

-          trainer towards trainee

-          trainee/therapist toward client

                        -     supervisor towards supervisee

-          employer towards employee

Behaviour between professionals of equal power and status is governed by the ‘Code of Practice Standards’.

1.   A Member of GANZ respects the essential humanity, worth and dignity of all people and promote this value in their work.

2.   A Member of GANZ recognises and respects diversity among people and opposes discrimination and oppressive behaviour.

3.   A Member of GANZ respects the privacy of their clients and preserves the confidentiality of information acquired in the course of their work.

4.   A Member of GANZ protects the rights of their clients including the right to informed consent.

5.   A Member of GANZ recognises the intimate link between an individual's health and their social context and works to ensure fairness and equity for all.

6.   A Member of GANZ takes steps to maintain and develops his/her competence throughout their professional life.

7.   A Member of GANZ abides by the laws of the society in which they practice. A Member of GANZ has a role in advocating against unjust laws.

B.  ETHICAL RESPONSIBILITIES

i.   Responsibilities to the client

1.   To respect the differences that race, gender, age, sexual preference, disability, religion or culture bring to therapy, without prejudice.

2.   To take all reasonable steps to avoid intentional or deliberate harm to the client as a result of the therapeutic/counselling processes. In the event of harm resulting from therapy, members take responsibility for restitution. Professional indemnity should be considered in this context .

3.   To promote client autonomy and encourage clients to make responsible decisions on their own behalf.

4.   To consider the social context of the client and their connections to others.

5.   To set and maintain professional boundaries within the therapeutic/practice relationship.

ii.   Confidentiality

1.   To respect the client's rights to privacy, in keeping their disclosures confidential, whether verbal or written.  All written notes will be safe-guarded as required by Law.

Clients will be informed during initial contracting of the limits of confidentiality, namely:

a)  The therapy will be discussed in supervision; in which case the supervisor also is bound by confidentiality.

b)   If there is risk of harm to the client’s well-being or life, to others, to the community at large or serious damage to property, confidentiality may have to be breached.

c)   If ordered to do so by the courts. This will only occur after due consultation with senior colleagues and after informing the client. In very exceptional cases it may not be possible to inform the client.

2.    To be responsible for protecting the client’s rights of confidentiality. Any shared information should be disguised where appropriate.

iii. Contracts

1.      To ensure the client's informed consent. This is achieved by:

a)   Openly and honestly explaining the psychotherapeutic process and its limitations as far as possible.

b)   Making clear that the client may leave therapy at her/his choosing.  The therapist may offer suggestions as to the advisability of this.

c)    Allowing the client access to notes when requested.

d)  Making audiotapes, video tapes or undertake research when the client gives written consent, and to allow the client to withdraw that consent at any time without prejudice.  Final disposal of such material will be discussed.

e)  Making available publicity material and written or oral information which accurately describes the nature of the service offered and the training qualifications and relevant experience of the therapist.

2.   When a client is incapable of giving informed consent as defined by the Law, the therapist   will obtain consent from a legally authorised person.

3.   To ensure the client's access to the best care.  Therefore, if the therapist finds she/he does not have the expertise to provide optimum care and has reached the limits of her/his competence, the therapist will refer the client to an appropriate agency. Therapists will not undertake work for which they have not been trained.

iv. Exploitation

1.   At all times the needs of the client, supervisee or trainee take precedence over the personal needs of the therapist, never exploiting the client sexually or for personal, financial or other gain.

2.   Because of the particular transferential nature of the therapeutic relationship, all sexual intercourse and other sexual activities must necessarily be considered exploitative during therapy, and for some time thereafter.

3.   Friendships, sexual and other relationships with ex-clients must not be entered into lightly. Due consideration and consultation or supervision, prior to entering the relationship, on the responsibilities that might still be attached to the former professional relationship is essential.

4.   To support the client, and not participate with agents for social control except when there are clear professional reasons for doing so.

5.   To manage the course of therapy appropriately, by clear initial contracting and appropriate termination.  No therapy shall be unnecessarily prolonged.

6.   The therapist shall advise the client of his/her assessment and opinion if the client terminates prematurely.  It is also appropriate to terminate if, in discussion with his/her supervisor, the therapist believes their own physical or mental health or self esteem is endangered.  In other words an appropriate personal limitation in that particular therapeutic relationship is acknowledged.

7.    Fee setting must be appropriate to skills provided.

v.    Responsibilities to Self as Therapist/Practitioner

1.   Therapists / practitioners have a responsibility to themselves to maintain their own effectiveness, resilience and ability to assist and support client/supervisee. They are expected to monitor their own personal functioning and to seek support or withdraw from therapy/practice when their own resources are sufficiently depleted to require this.

2.   Therapists/practitioners will not practice when their functioning is impaired due to personal or emotional difficulties, illness, alcohol, drugs or for any other reason.

3.   Therapists/practitioners will have regular supervision and will use such supervision to develop psychotherapy, counselling, supervision, training and/or consultation skills, monitor performance and provide accountability for practice.

vi. Responsibility to the Wider Community

1. Therapists/practitioners - To inform and advocate for protective legislation regarding the protection of clients, trainees and disadvantaged groups in the community.

2. To protect specific others e.g. children, partners, or wider community, even if this means breaching confidentiality.

C.   RESPONSIBILITIES TO COLLEAGUES OF EQUAL STATUS:   

D.  RESPONSIBILITIES TO EMPLOYING INSTITUTION; and,                  

E.   RESPONSIBILITIES TO  EMPLOYEES; See code of Practice Standards             

2.         Code of Practice Standards

PREAMBLE

The Code of Practice Standards covers those aspects of Gestalt professional practice which are not covered by the Code of Ethics.

GENERAL AREAS

The general areas in which the Code takes effect are as follows:

A.      General Professionalism

A professional has a commitment to practice their profession to the best standard possible, including a commitment to ongoing supervision, personal psychotherapy when necessary, continuing education, and a willingness to participate in quality assurance and evaluation activities. The readiness to continue to update work by actively pursuing professional development activities is one of the means by which this can be achieved. Impeccability in such matters as advertising and dignified presentation to the community and other professional bodies is expected.

B. Relationships with Colleagues

Where possible the professionalism of one’s colleagues must be respected and goes beyond legal requirements, extending to respect and honouring of other’s expertise and person, in word, letter and deed. This further extends to respecting the clinical practice of a colleague and at a deeper level covers support for colleagues and encouragement of their own practising of their profession in the community.

Colleagues, the public at large and other professionals will also be treated with respect, consideration and honesty. Gossip and covert accusations and competitiveness are not proper for professionals. Therapists shall not solicit other therapists’ clients. They will also respect the confidentiality of clients when shared with another colleague.

C. Financial Accountability

 Financial matters must be handled impeccably whether in relation to clients or to governmental/non-government or financial institutions.

D. Public Behaviour

A Member of GANZ upholds the status of their profession by the way they behave and express themselves in the wider community. This includes being responsible about the use of alcohol and other potentially addictive substances. A Member of GANZ behaves in a manner which brings honour to the profession and the Association.

E. Relationship to Employer

Members of GANZ shall be responsible employees, respecting the rules of their employer, delivering fair service and behaving honesty and reliably with commitment and adherence to the Code of Ethics.

If employers require practices which contravene the Code of Ethics or Code of Practice Standards a member of GANZ is required to attempt to negotiate an outcome which accords with the Code. If this is not possible, the matter shall be referred to the GANZ Ethics Committee for resolution.

F. Relationship to Employees

Members of GANZ shall be responsible employers, respecting the rules of employing others and the rights of their employees, delivering fair management and behaving honesty and reliably with commitment and adherence to the Code of Ethics.

3.    COMPLAINTS PROCEDURE

PHILOSOPHY

·     The complaints procedure will embody a process which is founded on the principles and values of Gestalt Therapy, particularly the principle of dialogic relationship.

·     That at all times the procedure shall honour the needs of the complainant for respect, confidentiality and sensitivity. This procedure shall not be allowed to become in any way abusive or shaming. Every effort will be made for a satisfactory resolution through dialogue prior to instigating this procedure.

·     That at all times the rights of the GANZ member be respected, including the right not to be pre-judged, remembering that all are innocent until proven otherwise.

·     That in the first instance every effort be made to resolve concerns brought to the GANZ Ethics Committee by mediation, consultation and negotiated redress.

WHAT IS A COMPLAINT?

A complaint is a formal attempt by one or other individuals to seek redress for an alleged breach of the GANZ Code of Ethics or Code of Practice Standards by a member of GANZ.

The Complainant is the person bringing the complaint.

The Respondent is the person about whom the complaint is made.

PROCEDURE FOR SUBMISSION OF A COMPLAINT

1.    Any person who considers that she or he has grounds for a complaint may submit the complaint to the GANZ Ethics Committee.

2.   Note that protection from defamation action against a complainant includes a requirement that the complainant provide information only to those who play a role in the addressing of the complaint.

3.   Such complaint must be in writing and addressed to the Ethics Committee, GANZ. The written statement shall set out:

i.           the nature of the complaint;

ii.         the facts giving rise to the complaint;

iii.       the resolution sought;

iv.       a written waiver that all information enclosed may be available to the Preliminary Investigations Sub-Committee, the Independent Arbitrator and the Respondent.

4.   The Ethics Committee shall then appoint a Preliminary Investigation Committee consisting of the Chairperson of the Ethics Committee, a Member of the Ethics Committee and a professional from the local community of psychotherapists, including gestalt therapists, to review the information. If the complaint is against the Chairperson of the Ethics Committee or Member of the Ethics Committee, that person will not play any further role in the procedure, except as Respondent.

5.   The Respondent will then be requested to provide written documentation regarding the complaint to the Preliminary Investigation Committee. The information pertaining to the complaint will be made available to the Complainant. In most cases the Respondent will have access to the complaint.

6.    Once it has been decided to proceed, the Preliminary Investigation Committee will attempt to do all that it can to mediate between the parties concerned in order to reach a satisfactory resolution that is acceptable to all. A support person may accompany both Respondent and Complainant if a meeting is held. The Complainant’s right not to face the Respondent in sensitive issues will be respected.

7.     The Preliminary Investigation Committee will decide either:

“Sufficient grounds for the complaint do not exist”                    or

“Sufficient grounds for concern exist”.

8.   The Ethics Committee will address the substance of the complaint and adjudicate the matter on the basis of the balance of probability. The Ethics Committee decision will be final.

9.   At the discretion of the Ethics Committee in any circumstances determined by them an Independent Arbitrator may be appointed and the decision of the Arbitrator will be final.

10. Any subsequent disciplinary decisions will be made by the Ethics Committee and may include:

i.           exoneration of Respondent and discharge from proceedings

ii.         formal written caution

iii.       rehabilitation, which may include special supervision, education and further training

iv.       request to cease certain behaviour

v.         limitation of practice

vi.       request to resign from GANZ

vii.     removal of membership.

11. Appeals against decisions arising from the complaints procedure will be considered by a panel comprising of a representative of the GANZ Ethics Committee, a representative of the PACFA Ethics Committee and a representative from the general professional community. The panel’s decision will be final and binding.

12.  In instances in which the decision of the Ethics Committee is the removal of membership of GANZ, notification of this decision will be circulated among Associations on whose register the person is listed and to the Chairperson of the PACFA Ethics Committee.