Taking effect from 1 December 2025, the Psychology Board of Australia (PsyBA) has announced a new Code of Conduct that substantially expands and clarifies professional obligations under the 2007 APS Code of Ethics.
The new Code represents a substantial evolution, moving from a principles-based ethical guide (APS) to detailed, prescriptive, and context-rich regulatory guidance. It introduces entirely new sections and reframes existing concepts with greater detail and has a stronger focus on public safety, systemic professional responsibilities, and practice in specific cultural contexts.
Here is a detailed breakdown of the new obligations:
1. Structural and Foundational Shifts
a) From Ethical Principles to Regulatory Standards:
There are key conceptual differences.
APS Code: Framed around three general ethical principles (Respect, Propriety, Integrity) with explanatory statements and derived ethical standards. It functions as a guide for professional ethics.
AHPRA Code: Framed as a set of enforceable “standards of conduct” and “core requirements of safe and effective professional practice.” The language is more directive (“you must,” “psychologists should”) and explicitly states that serious failure to meet these standards may lead to regulatory action. It is fundamentally a tool for public protection.
The implication of this heightened language is a higher standard of care, which is likely to increase practitioner liability.
b) Explicit Acknowledgment of the Code’s Limits:
- The new Code has a dedicated section, “What the code does not do,” which was absent from the APS Code.
- It explicitly states it is “not a substitute for legislation” and that the law takes precedence in any conflict.
- It states it is “not a charter of client rights”.
- It clarifies it is “not intended to address employment or business disputes” that do not raise public safety concerns.
“This code is not a substitute for legislation and case law… If there is any conflict between the code and the law, the law takes precedence… While effective practice respects the rights of clients, this code is not a charter of rights… it is not intended as a mechanism to address: a. disputes between practitioners or with colleagues… or b. employment issues… which do not raise broader public safety concerns.”
2. New Dedicated Sections and Principles
a) Aboriginal and Torres Strait Islander Health and Cultural Safety (Principle 2):
This is a completely new and standalone section, reflecting a significant elevation of this obligation beyond what was in the APS Code.
- APS Code: Mentioned cultural diversity in Principle A (Respect) and had a separate guideline, but it was not a core principle.
- New PsyBA Code: Establishes a dedicated principle requiring psychologists to “consider the specific needs of Aboriginal and Torres Strait Islander Peoples and their health and cultural safety.”
New Obligations:
- Understanding Historical Context: Psychologists must “recognise colonisation and systemic racism” and their impact on health.
- Addressing Personal Bias: They must “acknowledge and address individual racism, your own biases, assumptions, stereotypes and prejudices.”
- Community-Led Practice: Cultural safety is defined as being “determined by Aboriginal and Torres Strait Islander individuals, families and communities.”
- Leadership in Safety: Psychologists must “foster a safe working environment through leadership to support the rights and dignity of Aboriginal and/or Torres Strait Islander people and colleagues.
“To ensure culturally safe practice, you must: a. recognise colonisation and systemic racism… b. acknowledge and address individual racism, your own biases… c. recognise the importance of self-determined decision-making… d. foster a safe working environment through leadership…”
b) Proactive Management of Health, Wellbeing, and Work-Related Psychological Risk Factors (Principle 9):
While the APS Code mentioned impairment (B.1.4), the new Code frames this as a proactive and positive obligation to manage health and wellbeing.
New Obligations:
- Work-Related Psychological Risk: Psychologists must “recognise the impact of personal and work-related psychological risk factors on your health and ability to provide services.”
- Prevention of Harm: The principle explicitly states psychologists have an obligation “to take reasonable steps to prevent and manage psychological and physical factors that can impair their ability to provide trustworthy services.”
- Immunisation: Includes a new, specific obligation to “understand the importance of immunisation against communicable diseases.” Presumably this is in response to
“Psychologists recognise that… they have an obligation to take reasonable steps to prevent and manage psychological and physical factors that can impair their ability to provide trustworthy services.”
c) Working within Systems (Principle 6):
This is a new principle that broadens the psychologist’s responsibility beyond the individual client to the broader system and society.
New Obligations:
- Resource Stewardship: Psychologists must “understand that your use of resources can affect the access other clients have to the services.”
- Promotion of Wellbeing: An explicit responsibility to “participate in efforts to promote the psychological wellbeing of the community.”
“6.1 Optimal services for all members of society… d. understand that your use of resources can affect the access other clients have to the services provided by psychologists.”
3. Significant Expansions
a) Cultural Safety and Reflective Practice for All (Principle 3):
Building on the specific focus on Aboriginal and Torres Strait Islander Peoples, this principle broadens the concept of cultural safety to all communities.
New Obligation: The concept of “culturally reflective practice” is introduced, requiring psychologists to have knowledge of how their own “culture, values, attitudes, assumptions and beliefs influence their interactions.”
“Respectful, culturally reflective practice requires psychologists to have knowledge of how their own culture, values, attitudes, assumptions and beliefs influence their interactions with people and families, the community, other practitioners and colleagues.”
b) Open Disclosure and Response to Harm (Section 4.5):
The APS Code had no equivalent to this detailed section on what to do when a psychologist’s service causes harm.
New Obligation:
- Psychologists have a responsibility to “openly and honestly communicate” with clients when services have harmed them.
- They must “act immediately to rectify the problem.”
- They must “report the incident to relevant authorities if required.”
- They must “respond to clients… reasonable request for information about the processes for making a notification to the Board.”
“4.5 Your response when your service harmed clients… When a client is objectively harmed, effective practice includes that you: a. act immediately to rectify the problem… b. report the incident to relevant authorities… d. respond to clients… reasonable request for information about the processes for making a notification to the Board…”
c) Boundaries and Multiple Relationships (Sections 4.8 & 4.9):
The new Code provides much more granular and restrictive guidance.
New Obligations:
- Physical Contact: Requires a “clear, evidence-based indication,” must be “documented,” and requires **written consent**. It must also be discussed with an experienced practitioner
“c. recognise that there are risks associated with assessments and interventions that involve physical contact with clients… [it must be] discussed with an experienced practitioner… d. ensure any assessment and/or intervention that involves physical contact… has a clear, evidence-based indication… e. obtain written consent…”
- Sharing Personal Information: This is strongly discouraged and, if done, must be “in the best interests of clients,” justifiable, and discussed with an experienced practitioner.
- Relationships with Former Clients & Associated Parties: The APS Code had a 2-year prohibition on sexual activity. The new Code is broader and more cautious, stating that sexual or other close personal/financial relationships with former clients or their associated parties are “mostly inappropriate.” It mandates consultation with an experienced practitioner *before* entering such a relationship to ensure it is not exploitative.
“h. recognise that sexual and other close personal (including financial and commercial) relationships with people who have previously been your clients are mostly inappropriate and abstain from such relationships **until you have consulted an experienced practitioner** to determine that the nature of the service and vulnerability of the client do not make the proposed relationship exploitative…”
d) Minimising Risk (Principle 7):
This principle consolidates and expands risk management into a core professional duty.
New Obligations:
- Systemic Risk Management: Psychologists must “participate in quality assurance and improvement systems” and, if in leadership, “ensure systems are in place for raising concerns about risks.”
- Duty to Address Risk to Others: A clear, standalone obligation to “consider whether a client poses a serious threat to others, and if you reasonably believe so, take reasonable steps to address the risk.”
“7.1.j. consider whether a client poses a serious threat to others, and if you reasonably believe so, take reasonable steps to address the risk, acting in accordance with the Privacy Act or other relevant legislation.”
e) Psychologists’ Behaviour (Principle 8):
This section includes several new specific mandates.
New Obligations:
- Vexatious Notifications: Explicitly forbids making or endorsing “vexatious notifications or malicious claims.” This is a specific regulatory concern not directly addressed in the APS Code
“8.2 Vexatious notifications or malicious claims… b. do not raise concerns that are malicious or make vexatious notifications about other practitioners.”
- Gifts and Non-Monetary Compensation: The rules are more detailed. While both codes restrict gifts, the new Code adds a section on ‘non-monetary compensation’ (e.g., goods or services), requiring psychologists to establish its “fair value” and document the management of the situation if they feel culturally obliged to accept it.
- Work History: A new standard (8.10) requires psychologists to provide “accurate, truthful and verifiable information” about their work history and not to misrepresent it by “misstatement or omission.”
f) Teaching, Supervising and Assessing (Principle 10):
The new Code provides more detailed guidance, particularly regarding power imbalances.
New Obligations:
- Power Imbalance: Explicitly states that “the responsibility to maintain appropriate boundaries rests with teachers and supervisors.”
- Responsibility for Supervisee Conduct: Introduces the concept that supervisors “might be held responsible for the conduct of the supervisee should you fail to meet this standard.”
“10.1.f. recognise that you must provide supervision at the standard reasonably expected of supervisors and that you might be held responsible for the conduct of the supervisee should you fail to meet this standard.”
4. Enhanced Specificity in Communication and Definitions
- Social Media and Electronic Communication: The new Code repeatedly references obligations in the context of electronic communication, which was far less prominent in the 2007 APS Code. It cross-references the Board’s separate Social Media Guidance.
- Bullying and Harassment: The new Code provides explicit definitions for “bullying,” “harassment,” and “sexual harassment” in its Definitions section, and mandates that psychologists “never engage in, ignore or excuse disrespectful behaviour.”
- Definitions: The new Code’s definitions are more extensive and tailored to its regulatory function (e.g., “Practice,” “Client,” “Cultural Safety,” “Multiple relationships”). The definition of “Cultural Safety” itself is a major new addition, developed specifically for the National Scheme.
Summary of Key New Obligations Not in the APS Code:
- A positive duty to practice in a culturally safe way as defined by Aboriginal and Torres Strait Islander Peoples.
- A proactive duty to manage one’s own health and wellbeing, including work-related psychological risk factors.
- A systemic responsibility for resource stewardship and promoting community psychological wellbeing.*
- A formal process for open disclosure and response when a client is harmed by the psychologist’s service.
- Mandatory consultation with an experienced practitioner before engaging in physical contact with a client or entering a relationship with a former client/associated party.
- Explicit prohibition of vexatious notifications.
- A clear duty to take reasonable steps to address a client’s serious threat to others.
- A supervisor’s potential responsibility for the conduct of their supervisee.
- Detailed rules on accepting and managing non-monetary compensation.
- An overarching requirement for “culturally reflective practice” with all clients.
In conclusion, the new Code of Conduct is a more comprehensive, prescriptive, and legally-aware code that places greater emphasis on cultural safety, proactive risk management, systemic responsibilities, and specific, actionable standards of behaviour.
