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 CODE OF ETHICS AND PRACTICE FOR DISABILITY AND REHABILITATION PROFESSIONALS   

(Formerly the Developmental Educators Association)

 
ABN
81
690
294
328

PO BOX 1088,
UNLEY BUSINESS CENTRE
South Australia 5061


CONTENTS

Acknowledgements

Preamble

Vision Statement of DARPA

Mission Statement of DARPA

Beliefs of DARPA

General Principles: Overview

Principle A: Integrity and Professional Responsibility

Principle B: Respect for People's Worth, Dignity and Uniqueness

Principle C: Concern for Others' Wellbeing and Empowerment

Principle D: Community Education

Ethical and Professional Principles

1. Ethical and Professional Statements

2. Assessment and Evaluation

3. Advertising and Public Presentations

4. Professional Relationships

5. Privacy and Confidentiality

6. Programming, Intervention and Support

7. Supervision of Students

8. Research and Publication

9. Resolving Ethical Issues

Appendices

A. Commonwealth Legislation - Guidelines

B. State Legislation - Guidelines

C. International Statements, Treaties & Alliances - Guidelines

Bibliography

COPYRIGHT NOTICE
© dArpa grants permission to display and reproduce this material in an unaltered form for educational or non-commercial use, provided this copyright notice is included on reproduced material. All other rights are reserved by dArpa.


Acknowledgements

This document is heavily based on the earlier "Code of Ethics and Practice for Developmental Educators" (1999). The work of Eddie Bullitis and many others on DEA committees over the years has provided a sound base for the current document and the current DARPA Committee thanks them for their work and acknowledges their major contribution to the current document. For those who may be interested, the earlier document is available here - DEA Code of Ethics and Practice

Preamble

The need to provide clear ethical guidelines for Disability and Rehabilitation Professionals is essential. This document developed from the earlier work of the DEA and attempts to encompass professionals working in a wide range or areas and with a range of backgrounds and professional qualifications.

An attempt has been made, however, to keep statements about ethical issues concise and clear under the assumption that statements about ethics cannot replace good professional judgement. This document is seen as a tool to guide professionals in their practice with regard to

  • What is acceptable professional conduct and standards of practice, and
  • The value base and principles of DARPA.

Brian Matthews

On behalf of the DARPA Committee (March, 2002) 


Vision Statement of Disability and Rehabilitation Professionals' Association

 What we are aiming for:

To enhance the quality of life for people with a disability or rehabilitation needs by supporting Disability and Rehabilitation Professionals in their various roles.

Mission Statement of Disability and Rehabilitation Professionals' Association

 Our mission statement describes the role of the association:
  • to provide a professional association for Disability and Rehabilitation Professionals
  • to support the highest standard of professional conduct of members
  • to advise on the professional standards for entry into the profession
  • to promote the continuing professional education of members
  • to promote the role played by trained Disability and Rehabilitation Professionals
  • to promote a national association network in Australia.

Beliefs of Disability and Rehabilitation Professionals

Our beliefs influence the way we approach our works. We believe:
  • in the worth, dignity and uniqueness of all persons
  • in the right of all people to live and participate in community life
  • in the empowerment of individuals to maximise their self determination through access to information, choice, informed consent and/or advocacy in all decision making
  • that Disability and Rehabilitation Professionals, in terms of their professional skills and expertise, have a vital role to play in the facilitation of optimum quality of life opportunities 

General Principles: Overview

Disability and Rehabilitation Professionals endeavour to maintain high standards of competence in their work. They recognise the boundaries of their particular skills and expertise. Disability and Rehabilitation Professionals provide only those supports and use only those techniques for which they are qualified by education, training or experience.

Disability and Rehabilitation Professionals are aware of the fact that competencies are required when serving, teaching, training or supervising individuals with support needs, or providing services to individuals or their families and relevant others. Consideration is given to the diversity and unique nature of a person's support needs, methods of communication, learning and life style.

In their dynamic professional roles Disability and Rehabilitation Professionals will endeavour to exercise careful judgement, maintain knowledge of relevant professional information related to services they provide and recognise the need for ongoing professional development. In doing so, Disability and Rehabilitation Professionals make appropriate use of academic, professional, technical and administrative resources as well as to consult when necessary.

Principle A: Integrity and Professional Responsibility

Disability and Rehabilitation Professionals seek to promote integrity in the practice of supporting people with a disability or other support needs. Disability and Rehabilitation Professionals are honest, fair and respectful of others in all aspects of professional work, such as, supporting, training and research. Disability and Rehabilitation Professionals attempt to develop an awareness of their own beliefs, values, needs and limitations and the impact this may have on their work.

Disability and Rehabilitation Professionals uphold professional standards of conduct, clarify their professional roles and obligations, accept appropriate responsibility for their behaviour and are flexible in order to meet individual client needs. Disability and Rehabilitation Professionals consult with, refer to, work in cooperation with other professionals and organisations in order to serve the best interests of people with a disability or other support needs.

Disability and Rehabilitation Professionals are aware of their professional and academic responsibilities to the community in which they work and live. Disability and Rehabilitation Professionals should participate in service planning and the development of service standards at local, national and international levels.

Disability and Rehabilitation Professionals are concerned about professional and academic conduct. To achieve this we agree to accept responsibility and accountability for our actions and encourage the development of practice, policy and law that serve the best interests of clients and the public. Disability and Rehabilitation Professionals are encouraged to voluntarily contribute a portion of their time to assist in community and/or professional development. 

Principle B: Respect for People's Worth, Dignity and Uniqueness

Disability and Rehabilitation Professionals show appropriate respect to the fundamental rights, dignity and worth of all people. They respect the rights of individuals to privacy, confidentiality, self determination and autonomy.

Disability and Rehabilitation Professionals are aware of cultural, individual, and role differences, including those due to age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status, marital status, political belief or any other preference or personal characteristic. Disability and Rehabilitation Professionals attempt to eliminate the effect of such biases on their work.

Principle C: Concern for Others' Wellbeing and Empowerment

The professional objective of Disability and Rehabilitation Professionals is to contribute in a positive manner to those with whom they interact professionally. Disability and Rehabilitation Professionals are sensitive to real and ascribed differences in power between themselves and others, and they do not exploit or mislead others during or after professional relationships. Also, Disability and Rehabilitation Professionals value the promotion of an environment that enhances a person's quality of life. Disability and Rehabilitation Professionals uphold the provision of quality services for all people.

Principle D: Community Education

Disability and Rehabilitation Professionals seek opportunities to communicate to the wider community the fundamental values of the professional as supported by this Code of Ethics. This includes; seeking opportunities to advocate and inform the wider community regarding aspects and issues relating to disability or support needs and the role and function of Disability and Rehabilitation Professionals. Disability and Rehabilitation Professionals should be proactive about promoting their profession and are asked to acknowledge their specific expertise in the Disability and/or Rehabilitation areas by using the titles as follows:

  • Disability Professional - for those with professional training focussing on disability studies.
  • Rehabilitation Professional - for those with professional training focussing on rehabilitation studies

Where an individual has particular generic training, it is seen as appropriate to acknowledge this and examples are given below

  • Psychologist and Disability Professional
  • Physiotherapist and Rehabilitation Professional
  • Social Worker and Disability Professional

It is suggested that the title given to a person's position within an organisation is not incompatible with this approach. For example

  • Options Coordinator
    (Social Worker and Disability Professional)
  • Manager
    (Disability Professional)

Ethical and Professional Principles

1. Ethical and Professional Statements

The Association recognises the diversity and complexity of the roles and settings in which Disability and Rehabilitation Professionals work. The following statements are a guide for the professional conduct of Disability and Rehabilitation Professionals.

1.1 Parameters of Expertise

(a) Disability and Rehabilitation Professionals provide services, educate, train and conduct research only within the boundaries of their competence based on education, training, and their supervised or professional experience.

(b) Disability and Rehabilitation Professionals provide services, educate, train or conduct research in new areas or involving new methods only after first undertaking appropriate study, training, supervision and/or consultation from persons who are competent in those new areas or methods.

(c) Disability and Rehabilitation Professionals take reasonable steps to ensure the competence of their work and protect clients, research participants, peers and others from harm, in those emerging areas in which generally recognised standards for training do not yet exist.

(d) In maintaining expertise, Disability and Rehabilitation Professionals who provide assessment, programming services, specific therapies, counselling, behaviour management, evaluation, education and training, research, organisational, consultative or other professional activities maintain a reasonable level of awareness about current and professional information in their fields of activity. This includes partaking in ongoing efforts to maintain competence in their skills.

1.2 General Awareness of Legislation

  • (a) Disability and Rehabilitation Professionals need to be aware of, and familiar with the content and implications of Commonwealth and State legislation relating to disability, human services and areas relevant to their professional roles (Refer Appendix A and Appendix B).

    (b) Disability and Rehabilitation Professionals need to keep abreast of legislative changes that relate to their professional roles.

    1.3 General Awareness of International Statements, Treaties and Alliances

    Disability and Rehabilitation Professionals need to be aware of, and familiar with the content and implications of International statements, treaties and alliances and their impact upon government policy and service provision to people with a disability and the community (Refer Appendix C).

    1.4 Respecting Differences

    (a) Disability and Rehabilitation Professionals do not engage in unfair discrimination based on age, gender, marital status, political belief, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status or any other preference or personal characteristic.

    (b) Should differences of age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status, marital status, political belief or any other preference or personal characteristic significantly affect a Disability and Rehabilitation Professionals work concerning particular individuals or groups, that professional should make a commitment to obtain the training, experience, consultation or supervision to ensure the competence of their services.

    (c) In their work related activities, Disability and Rehabilitation Professionals should respect the rights of others to hold values, attitudes and opinions that differ from their own.

    (d) Disability and Rehabilitation Professionals will respect the cultural background of individuals and families and familiarise themselves with relevant cultural protocols whenever necessary.

    1.5 Respecting Choice

    Disability and Rehabilitation Professionals must respect the rights of individuals to make informed choices in relation to their life.

     1.6 Undue Influence

    (a) Disability and Rehabilitation Professionals do not exercise undue influence over people with whom they may provide placement, supervision, evaluation or an exercise of authority, such as clients, students, subordinate personnel or research participants or personnel under Disability and Rehabilitation Professionals direct supervision.

    (b) Disability and Rehabilitation Professionals recognise that their professional judgement and intervention may affect the lives of the client, their families and carers and ensure that this influence is not misused to cause detriment or exploitation.

    1.7 Harassment

    Disability and Rehabilitation Professionals will not knowingly engage in behaviour that is harassing or demeaning to persons with whom they interact in their work, based on factors such as age, gender, marital status, political belief, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status or any other preference or personal characteristic.

    1.8 Personal Issues

    Disability and Rehabilitation Professionals recognise that their personal issues may interfere with their effectiveness. Therefore, they should avoid undertaking an activity when they know that their personal issues are likely to lead to, or have a detrimental impact upon a client, family, student, research participant or peer or other person to whom they owe professional obligation. This obligation includes identifying the need for, and seeking assistance for their personal issues as early as possible in order to ensure their professional performance is not significantly affected.

    1.9 Duty of Care

    (a) A duty of care is owed by a Disability and Rehabilitation Professional to a client, family or peer . If harm is suffered by the individual that was "reasonably foreseeable" a breach of duty of care may be deemed to have occurred. What is "reasonably foreseeable" would be determined in the context of the circumstances.

    (b) The level of duty of care owed by a Disability and Rehabilitation Professional is related to their education, training, and experience.

    (c) When a Disability and Rehabilitation Professional is uncertain regarding a situation, advice or guidance should be sought from appropriate professionals, peers and/or organisations with relevant expertise.

    1.10 Duty to Inform

    Disability and Rehabilitation Professionals need to inform consumers, consumers' families and carers, colleagues and other professionals:

    (a) about the parameters of their qualifications, and any ethical considerations, and

    (b) the philosophical and service delivery boundaries of the agency for which they work that may affect their interaction as a professional.

    1.11 Duty to Report

    Disability and Rehabilitation Professionals have an obligation under duty of care to report any breaches of the law particularly in respect to abuse, neglect and exploitation of people who have disabilities, their families and carers.

    1.12 Conflict of Interest

    Disability and Rehabilitation Professionals will identify where there is a potential conflict of interest based on personal, financial, social, organisational or political factors which may create a risk of harm or exploitation. If a conflict arises a Disability and Rehabilitation Professional should take all reasonable steps as necessary to resolve the issue with due regard for the best interests of the persons involved and maximum compliance with the Code of Ethics.

    1.13 Consultation, Collaboration and Referrals

    (a) As transdisciplinary professionals, Disability and Rehabilitation Professionals recognise the need to collaborate with colleagues and other practitioners.

    (b) Disability and Rehabilitation Professionals arrange for appropriate consultations and referrals based on the best interests of their clients with appropriate consent and subject to other relevant consideration including legal and contractual obligations.

    (c) When indicated and professionally appropriate, Disability and Rehabilitation Professionals cooperate with other professionals in order to serve clients effectively and appropriately.

    (d) Disability and Rehabilitation Professionals liaise with and for people with disabilities and support needs with mainstream, generic, and specialist service providers to obtain relevant services for their clients.

    1.14 Delegation and Supervision

    (a) Disability and Rehabilitation Professionals provide proper training and supervision to their employees, students, research assistants, team members, peers and other Disability and Rehabilitation Professionals they are deemed to have a supervisory capacity over, and take reasonable steps to see that such individuals perform services responsibly, competently and ethically.

    (b) Disability and Rehabilitation Professionals should make an attempt to negotiate and modify their role or correct the situation of organisational policies, procedures or practices that prevent fulfillment of this obligation.

    1.15 Documentation of Professional Work

    (a) Disability and Rehabilitation Professionals should document their professional work appropriately to ensure accountability and meet legal or organisational requirements.

    (b) Disability and Rehabilitation Professionals should recognise and acknowledge the clients' rights to access documented information about themselves. In this context Disability and Rehabilitation Professionals should ensure that information is documented in a manner that is sensitive and comprehensible given the person's abilities.

    1.16 Records and Information

    Disability and Rehabilitation Professionals create, maintain, disseminate, store, retain and dispose of records and data relating to their research, practice and other work in accordance with legal requirements, organisational policy and this Code of Ethics.

    1.19 Financial Negotiations

    As early as is practicable in a professional relationship the Disability and Rehabilitation Professional and client of the services must reach an agreement specifying the fee for service and payment arrangements if applicable. When negotiating fees, Disability and Rehabilitation Professionals should give consideration to the client's ability to pay and any financial negotiations should be documented and consistent with legal requirements.

  • 2. ASSESSMENT AND EVALUATION

    2.1 Assessments and Evaluation in Professional Context

    Disability and Rehabilitation Professionals who undertake evaluations, assessments and interventions do so only within the context of a defined professional relationship. Any assessment recommendations, reports or evaluative statements are based on a consultative model. This consultative model involves using appropriate techniques or processes which include the involvement of the individual with a disability and relevant others.

    2.2 Effective Use of Assessments

    Disability and Rehabilitation Professionals who implement interventions and/or other outcomes, recommendations or planning goals based on assessment, do so in line with current disability service standards and legislation. Disability and Rehabilitation Professionals are committed to ensuring no misuse or overt misunderstanding of assessment information or processes.

    2.3 Consumer Friendly Material

    (a) Disability and Rehabilitation Professionals are committed to fully inclusive consultative practices, which includes ensuring outcomes and processes are accessible to clients, families, advocates and relevant others.

    (b) Disability and Rehabilitation Professionals have a responsibility to have and develop a sensitivity to the communications skills, of clients, families, advocates and relevant others.

    (c) Consumer friendly material relates to the responsibility of Disability and Rehabilitation Professionals to have a sensitivity to the educative and cultural experiences of clients, families, advocates and relevant others with whom they professionally interact.

    3. ADVERTISING AND PRESENTATIONS

    3.1 Public Statements

    Public statements include, but are not limited to paid and unpaid advertising pamphlets, printed matter, personal resumes, curriculum vitae, interviews or comments for use in the media, statements in legal proceedings, lectures, seminars, public oral presentations and published materials.

    3.2 Ensuring Accurate Statements

    (a) Disability and Rehabilitation Professionals will endeavour to ensure statements made by others with regard to Disability and Rehabilitation Professionals and services they provide are correct. Disability and Rehabilitation Professionals will maintain this by providing correct information, taking responsibility for public statements made by themselves, and to make honest efforts to correct deceptive or incorrect statements.

    (b) In their roles Disability and Rehabilitation Professionals will not make deceptive, misleading or false public statements related to their training, experience, academic degrees, credentials, current or past roles.

    3.3 Public Presentations

    When presenting information by means of lectures, seminars, articles, materials or other means, Disability and Rehabilitation Professionals will be required to ensure this information is correctly based on practical experience, theoretical experience, documented evidence or sound research, consistent with this Code of Ethics.

    4. PROFESSIONAL RELATIONSHIPS

    4.1 Relationships and Service Provision

    (a) Disability and Rehabilitation Professionals will not develop a relationship with current clients, families or their peers that may be detrimental to their provision of services or professional judgement.

    (b) Disability and Rehabilitation Professionals will not exploit persons over whom they have supervision, authority or to whom they owe a duty of care. This includes: clients, students, peers, employees, families, advocates or others to whom they owe a professional obligation.

    (c) Disability and Rehabilitation Professionals will provide information to service users about the basis of their relationship, their role, and the role of the service user in a manner that suits the individual's abilities.

    4.2 Relationship Framework

    Disability and Rehabilitation Professionals will provide their clients, families, and peers with informed choices about the service they will provide, particular approaches to be used, programmes, time frames, goals and anticipated outcomes. Disability and Rehabilitation Professionals will ensure this is presented in a manner that suits individual abilities and ensures understanding about the basis of the relationship.

    4.3 Consent for Services

    (a) Disability and Rehabilitation Professionals will ensure consent for services or information is obtained from the appropriate person or persons. This should be achieved by;

    i) considering, the person's capacity to consent

    ii) using sensitive and appropriate communication methods

    iii) informing the person or persons of service choices

    iv) ensuring that consent is recorded and documented correctly

    (b) It is the responsibility of a Disability and Rehabilitation Professional to be aware of issues relating to consent. Giving consideration to legislation, the individual's abilities, and the possible involvement of State or Commonwealth authorities or administrators such as a 'Guardianship Board'.

    4.4 Continuity of Services

    Disability and Rehabilitation Professionals will use appropriate data and information recording methods and maintain these throughout their service provision. This will ensure that services to their clients are continued with minimal disruption in the case of unforseen circumstances.

    4.5 Closure of Professional Relationship

    Disability and Rehabilitation Professionals will provide suitable notice and information when a service or professional relationship will be ceased. Disability and Rehabilitation Professionals will cease a professional relationship when the current service being provided is no longer required, or no longer benefiting the client. Disability and Rehabilitation Professionals will investigate and suggest alternative services, where appropriate, to the client prior to cessation of services. This will be provided in a manner that ensures that the client understands and, where possible, is able to contribute to and choose alternative services.

    5. PRIVACY AND CONFIDENTIALITY

    These standards apply to the professional and academic activities of all Disability and Rehabilitation Professionals.

    5.1 Limits and Maintenance of Confidentiality

    (a) Discussion should be initiated by the Disability and Rehabilitation Professional with persons or organisations that they have a professional or academic relationship with, about any possible infringements of confidentiality as well as potential uses of information and records created.

    (b) Except where not possible, Disability and Rehabilitation Professionals should discuss confidentiality and related issues at the commencement of the relationship or as altered circumstances require.

    (c) Disability and Rehabilitation Professionals should be familiar with the legal rights afforded to persons they have a professional or academic relationship to, and anticipate requirements for the maintenance of these rights to confidentiality. 

    5.2 Privacy

    (a) When preparing or keeping, records, reports, assessments or other information (be they: oral, written or any other communication) Disability and Rehabilitation Professional's should only use or keep information pertinent to the matter at hand. Any confidential information acquired via professional or academic relationships must only be revealed to people for whom the information is imperative or to confer with an appropriate professional.

    (b) To maximise privacy Disability and Rehabilitation Professionals should only include in their written/oral reports information relevant to the purpose for which the communication is required.

    (c) See Principle 4.3, 'Consent for Services'.

    5.3 Records Storage

    Disability and Rehabilitation Professionals should ensure that systems of record storage do not allow for breaches of confidentiality as set out in this Code of Ethics. Regardless of methods used for storage, (written, electronic or other) records should be kept and disposed of using legally permitted methods and in line with this Code of Ethics.

    5.4 Disclosure of Confidential Information

    (a) Disclosure of confidential information by a Disability and Rehabilitation Professional cannot be made without the consent of the person from whom the information originated. Exception is only allowed where legally required (e.g., Mandatory Notification Legislation) or where failure to disclose information would breach the professional's duty of care. In these instances, the extent of disclosure is to be no more than necessary to accomplish the purpose.

    (b) Disability and Rehabilitation Professionals may disclose confidential information with the appropriate consent of the client, or another legally authorised person on behalf of the client, unless it is not legally permitted.

    5.5 Consulting with Appropriate Professionals

    Disability and Rehabilitation Professionals can confer with an appropriate professional where;

    i) the information presented could not lead to the person from whom the information originated being identified

    ii) the person has agreed to specific information being discussed

    iii) disclosing information is necessary

    In each instance the extent of disclosure is to be no more than necessary to accomplish the purpose.

    5.6 Shared Databases

    Where a Disability and Rehabilitation Professional shares database(s) with others, strategies need to be in place to ensure that those with access to the database(s) are not able to identify the person from whom the information originated. This is not required where the person from whom the information originated or an authorised other has granted permission for all users of the database(s) to access information that might identify them.

    5.7 Public use of Confidential Information

    Information provided by a Disability and Rehabilitation Professional that is publicly presented, such as via lectures, seminars or circulated articles should not contain material that may lead to the identification of a person, unless that person or an authorised other has agreed to the specific information being discussed. 

    5.8 Continuity in Case of Change of Circumstances

    To ensure the continuance of confidentiality of records, a contingency plan should be made by the Disability and Rehabilitation Professional to cover the possibility that they may;

    i) die

    ii) become impaired and unable to continue professional practice

    iii) leave or change their workplace

    iv) encounter a conflict of interest

    v) take extended leave

    5.9 Holding of Records

    Disability and Rehabilitation Professionals should take honest and lawful steps to ensure that records and data remain available to the extent needed to serve the best interest of clients, research participants and relevant others. 

    6. PROGRAMMING, INTERVENTION/THERAPY AND SUPPORT

    6.1 Design of Programmes

    (a) Disability and Rehabilitation Professionals involved in educative /training/ support programmes must ensure programmes are competently designed and genuinely focused on the support needs of the individual or group, provide positive and enhancing experiences, and meet professional requirements for accountability as well as service provider standards and policies.

    (b) Disability and Rehabilitation Professionals responsible for programmes/specific therapies need to ensure an accurate description of programme/therapy content, the educative/ training/ support goals, objectives and criteria are documented to ensure effective implementation. This information must be made accessible to all relevant parties.

    (c) When engaged in implementing programmes, Disability and Rehabilitation Professionals need to present information accurately and with objectivity.

    6.2 Closure of Programmes/Therapy

    Disability and Rehabilitation Professionals are responsible to ensure closure of programmes and/or support is planned and documented appropriately considering the needs and obligations of all relevant parties.

    7. SUPERVISION OF STUDENTS

    7.1 Support and Supervision of Students Undertaking Tertiary Studies

    (a) Disability and Rehabilitation Professionals assigned to support and supervise students ensure they present as a professional and appropriate role model. This includes demonstrating the ethical principles of this code in daily work practices and procedures.

    (b) Disability and Rehabilitation Professionals provide suitable opportunities for the student to achieve course and personal learning objectives.

    (c) In academic and supervisory relations, Disability and Rehabilitation Professionals establish an appropriate process for providing feedback to students.

    (d) Disability and Rehabilitation Professionals evaluate students on the basis of the actual performance on relevant and established programme/therapy requirements.

    (e) Disability and Rehabilitation Professionals are encouraged to provide opportunities for placement and supervision of students of recognised tertiary qualifications majoring in the particular professional's area of expertise.

    (f) Where Disability and Rehabilitation Professionals provide placement and supervision to students from disciplines other than their own area of professional training, the Disability and Rehabilitation Professional has a responsibility to familiarise themselves with the necessary protocols, ethics and standards of practice for the relevant profession. 

    8. RESEARCH AND PUBLICATION

    8.1 Obtaining Approval

    (a) Prior to conducting research, Disability and Rehabilitation Professionals consult with and obtain approval from relevant committees, boards or organisations.

    (b) Disability and Rehabilitation Professionals design, implement and report research adhering to the professional standards and research protocols of the approving committee, board or organisation.

    8.2 Conduct of Research 

    (a) Disability and Rehabilitation Professionals design, implement and report research that is viewed as ethical under this Code of Ethics.

    (b) Disability and Rehabilitation Professionals seek to resolve any ethical issue that is unclear via consultation with appropriate committees, boards or organisational management.

    (c) Disability and Rehabilitation Professionals plan and conduct research in a manner consistent with Federal and State laws and regulations as well as professional standards governing the conduct of research.

    9. RESOLVING ETHICAL ISSUES

    9.1 Awareness of Code of Ethics

    Disability and Rehabilitation Professionals have an obligation to be familiar with this Code of Ethics, other applicable codes of ethics and their application to Disability and Rehabilitation Professional's work. Lack of awareness or misunderstanding of an ethical standard is not itself a defence to a charge of unethical conduct.

    9.2 Management of Ethical Issues

    (a) Disability and Rehabilitation Professionals have the requisite knowledge and skills to identify ethical issues and respond to them appropriately.

    (b) When a Disability and Rehabilitation Professional is uncertain whether a particular situation or course of action would violate this Code of Ethics, the Disability and Rehabilitation Professional should consult with their appropriate management, the Disability Services Office and/or peak advocacy agencies.

    9.3 Ethics and Professional/Organisational Demands

    If the demands of an organisation with which Disability and Rehabilitation Professionals are affiliated or employed, conflict with this Code of Ethics, Disability and Rehabilitation Professionals should clarify the nature of the conflict, make known their commitment to the Code of Ethics, and to the extent feasible, seek to resolve the conflict in a manner that permits the fullest adherence to the Code of Ethics.

    9.4 Informal Resolution of Breaches of Ethics 

    (a) When Disability and Rehabilitation Professionals believe that there may have been an ethical violation by another Disability and Rehabilitation Professional, they should attempt to resolve the issue by bringing it to the attention of that individual if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved.

    (b) If there is no capacity to informally resolve a breach of ethics there is an onus on the Disability and Rehabilitation Professional to seek out the appropriate complaints organisation and submit a professional complaint.

    (c) When there is no appropriate complaints mechanism it is in the interests of all involved parties for the Disability and Rehabilitation Professional who has determined there may be a breach to complete a written report on the incident to be kept in their personal files for future reference.

    9.5 Inappropriate Complaints

    Disability and Rehabilitation Professionals do not lodge or encourage the lodging of ethics complaints that are trivial and are intended to harm the respondent rather than protect individuals with a disability and/or other related parties.

    APPENDICES

     Appendix A - Commonwealth Legislation - Guidelines

    • Disability Discrimination Act (1992)
    • Disability Services Act (1986)
    • Home and Community Care Act (1985)
    • Occupation, Health, Safety & Welfare Act (1986)
    • Privacy Act (1988)
    • Social Security Act (1991)
    • Veteran Entitlement Act (1986)
    • Freedom of Information Act (1982)

     

    Appendix B ~ State Legislation - Guidelines

    • Mental Health Act (1993)
    • Guardianship and Administration (1993)
    • Equal Opportunity Act (1984)
    • Privacy Act (1991)
    • Disability Services Act (1993)
    • Consent to Medical Treatment and Palliative Care Act (1995)
    • Children's Protection Act (1993)

    Appendix C - International Statements, Treaties & Alliances - Guidelines

    • United Nations Declaration of Human Rights (1946)
    • United Nations Declaration Standard Rules on the Equalisation Opportunities for Persons with Disabilities (1993)

    *Please note that the above is not an exhaustive list. Refer to SA Law Handbookfor more relevant legislation.

     

    BIBLIOGRAPHY

    American Psychological Association. (1992). 'Ethical principles of psychologists 2nd edition code of conduct'. American Psychologist , 47, (12), 1597-1611.

    Australian Association of Social Workers Ltd. (1996). Code of ethics. By -Laws on ethics.

    Bidmeade, I. (1994). Justice for all. Adelaide: Intellectual Disability Services Council, State Information Service.

    Connelly, J., Rosser, K., White, M., & Wilson, H. (1992). A question of rights. Chippendale, NSW: Redfern Legal Centre Publishing.

    Developmental Educators' Association. (undated). Ethics & practice. Adelaide: Flinders University.

    This site is sponsored by the Department of Disability Studies - Flinders University Flinders University

    Updated 5-may-09

    Contact Brian.Matthews@flinders.edu.au