Beyond principles: The legal implications of the 2025 Psychology Code of Conduct

On 1 December 2025, the Psychology Board of Australia' Code of Conduct¹will come into effect, replacing the Australian Psychological Society (APS) Code of Ethics.

Whilst the APS Code of Ethics has stood the test of time and been invaluable for guiding psychologists in their ethical principles of practice since 2010, the new Code of Conduct provides a more detailed and prescriptive framework for psychological practice and aligns more with the relevant codes of conduct/guidelines relating to other health professions.

It is important that psychologists are cognisant of and understand the standards/principles contained in the Code of Conduct, as they will inform the standard of clinical practice expected for psychologists practicing in Australia. As a regulatory code intended for the protection of the public, this new Code of Conduct will be enforceable under the National Law²and will be referred to and admissible in legal proceedings. The Code of Conduct does not replace or displace a psychologists' legal obligations and duties to their client/s.

Even at its most simple form, the language under the Code of Conduct is more direct than its predecessor; for example, it uses terms such as 'you must' or 'psychologists should'. Where the use of the word 'must' is included, it will require the psychologist to explain why they did not adhere to that course of conduct.

We highlight some key changes that psychologists should be aware of in the Code of Conduct³:

• Emphasises the importance of cultural safety, particularly for Aboriginal and Torres Strait Islander Peoples. Respect and culturally reflective practice remains a predominant aspect of psychology practice. The Code refers to background information provided by the National Aboriginal and Torres Strait Islander Health Plan 2021-2031 and National Safety and Quality Health Services Standards User guide for Aboriginal and Torres Strait Islander health. Whilst the APS has released updated professional practice guidelines, practitioners may still benefit from reviewing the APS Ethical guidelines for the provision of psychological services for, and the conduct of psychological research with, Aboriginal and Torres Strait Islander peoples.
• Provides detailed guidance on effective communication including obtaining informed consent, information handling, privacy, confidentiality and record keeping.
• When working in a team or collaboratively with other individuals in practice, psychologists should inform clients about the roles of team members or other practitioners and clearly define who is ultimately responsible for coordinating the team.
• Provides detailed guidance on the responsibilities of supervisors and the importance of teaching, supervising and mentoring to develop the psychology workforce.
• Provides guidance on advertising and public behaviour including the importance of honesty and integrity in public statements and advertising.
• emphasises the importance of managing multiple relationships and/or simultaneous services ethically and details the considerations psychologists need to be mindful of when faced with these situations in practice.
• Pleasingly, emphasises the importance of psychologists' health and wellbeing in the profession and guidance on maintaining this to ensure psychologists are able to provide safe and effective services to their clients.

Whilst it is not new, the Code of Conduct's publication serves as a timely reminder to members of the profession around maintaining professional conduct, boundaries and personal reporting obligations (including self-reporting to the Board/AHPRA).

Implications

The Code of Conduct defines the Psychology Board of Australia's expectations of psychologists. The Code of Conduct will be applicable in the assessment of psychologists' professional conduct in disciplinary matters and to some extent health and impairment reviews (e.g. involving the Australian Health Practitioner Regulation Agency). They may well be cited in civil claims involving psychologists.

The Code of Conduct is publicly accessible and will also be available to clients to guide them on appropriate and/or prohibited conduct and expected standards.

From 1 December, psychologists should:

• obtain a copy of the Code of Conduct and familiarise themselves with the standards/principles detailed in the Code
• refer to the National Board's Patient and Consumer Health and Safety Impact Assessment available on the Psychology Board website⁴and the APS series of professional practice guidelines to assist with the transition
• review their practice policies, procedures and forms against the Code of Conduct for compliance, and take any necessary steps to update them to ensure conformity with the Code of Conduct
• Consider whether they need to communicate with their current clients in relation to aspects of the Code of Conduct (such as where a psychologist works with or consults with other practitioners as part of the care and treatment of their client), and
• Seek legal advice if unclear on their professional, ethical and legal obligations regarding the Code of Conduct.

Footnotes:

¹ Psychology Board of Australia - Code of conduct.

² Health Practitioner Regulation National Law (specific to your State) - e.g. section 41, Division 3 (Registration standards and codes and guidelines) Health Practitioner Regulation National Law (South Australia) Act 2010.

³ NB: this is not a comprehensive list of the Code of Conduct and individuals who owe professional and legal duties to their clients and to the public in their conduct and representation of the profession should ensure they are familiar with the Code of Conduct in full.

⁴ Psychology Board of Australia - Code of conduct.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.