Complaints Against Psychologists

1. Introduction

The New South Wales Psychologists Registration Board (“the Board”) is a statutory authority created by the Psychologists Act 2001. The Board consists of 9 members nominated by the Minister for Health and appointed by the Governor.

The Board’s powers and responsibilities in relation to complaints handling are determined by relevant provisions of the Psychologists Act 2001.
 
The object of the Psychologists Act 2001 is to protect the health and safety of members of the public by providing mechanisms to ensure that psychologists are fit to practise.

Click for link to:  Psychologists Act 2001  

2. What you can complain about

Complaints or notifications may be made by anyone concerning:

1. the professional conduct of a psychologist
2. the provision of a psychology service by a psychologist
3. the non professional conduct of a psychologist which goes to fitness to practice and/or which relates to general character.

Complaints may be made that a registered psychologist:

• has either in or outside New South Wales, been convicted of or made the subject of a criminal finding for an offence, the circumstances of which render the psychologist unfit to be registered
• is guilty of unsatisfactory professional conduct or professional misconduct
• is not competent to practise psychology
• suffers from an impairment
• is not of good character.

A complaint about a psychologist may be made and dealt with even though the psychologist is no longer registered.

In certain circumstances, concerns raised about a psychologist may be dealt with by the Board as a complaint even though the person providing the information had not intended the information to be regarded as such.

Unsatisfactory Professional Conduct and Professional Misconduct

Unsatisfactory professional conduct is defined in the Psychologists Act, and includes:

• Any conduct that demonstrates a lack of adequate knowledge, skill, judgment or care, by the psychologist in the practice of psychology.

• Contravention of the Psychologists Act or Regulations

• Failure to comply with a direction by the Board to provide information with respect to a complaint against the psychologist

• Failure to comply with an order made or a direction given by the Board or the Psychologists Tribunal.

• Failure to produce information, records and evidence upon request in the course of an investigation by the Health Care Complaints Commission.

• Other improper or unethical conduct in the course of the practice of psychology.

Professional misconduct means unsatisfactory professional conduct of a sufficiently serious nature to justify suspension of the psychologist’s registration.

3. Making a complaint or notification

If you have not been able to resolve your issues with the psychologist by communicating directly, either in writing or by telephone, you may lodge a complaint  with either the Psychologists Registration Board or with the Health Care Complaints Commission (“the Commission”).
 
The Health Care Complaints Commission is a statutory authority established under the Health Care Complaints Act 1993.  The Commission receives and deals with complaints concerning the care and treatment provided by health practitioners and health services.

The Psychologists Registration Board and the Commission share information and consult with each other when complaints are received.

There is no prescribed form of complaint however the Board requires that:

• Your complaint must be in writing, signed by you and include your name and address.

• You must clearly identify the psychologist about whom you are complaining, by including his or her correct name and contact details.

• You need to provide a clear summary of what happened including relevant dates. You must also include particulars of any allegations on which the complaint is founded. In some cases it may be appropriate to include supporting documentation. You should list your main concerns and realistic objectives.

You should indicate whether you consent to your complaint documentation being provided to the psychologist. Be aware that the Board may decline to deal with your complaint if you do not give consent.

Click for link to: Consent to Supply Complaint Information to a Psychologist

You may lodge a complaint about a psychologist who once held registration with the Board but who is no longer registered.

You may notify the Board about a health problem or a possible impairment suffered by a psychologist to enable the Board to make an assessment even if you do not intend the notification to be regarded as a complaint.

You may also lodge a complaint or notify the Board about any person who is not registered as a psychologist but who is holding herself or himself out to the public or an employer as being a psychologist.

You will be notified of the outcome once the complaint has been resolved.

Documentation provided to the Board may be subject to requests under Freedom of Information (FOI) or subpoena.

Complaints to the Board should be addressed to:
The Registrar
Psychologists Registration Board
PO Box K599
Haymarket  NSW  1238
Telephone: (02) 9219 0211

Complaints to the Commission should be addressed to:
Health Care Complaints Commission
Locked Mail Bag 18
Strawberry Hills NSW 2012
Telephone: (02) 9219 7444
Toll Free in NSW 1800 043 159
TTY service for the hearing impaired: (02) 9219 7555

Click for links to:
Health Care Complaints Commission
Health Care Complaints Act 1993

4. How complaints and notifications are dealt with

Consultation with the Health Care Complaints Commission
The Psychologists Registration Board and the Commission share information and consult with each other in determining how complaints are to be dealt with irrespective of which organisation receives a complaint. The Conduct Committee of the Board consists of Board members and consults with a representative of the Commission to assess complaints and to make complaint management decisions. Consultation occurs during meetings of the Conduct Committee of the Board which are held on the first Tuesday of each month. Complaints raising issues of serious concern are referred to the Commission for investigation. The majority of complaints against psychologists are referred to the Board for management.

The following options are available to the Board and/or its Conduct Committee in dealing with complaints:

• referral of the complaint to the Commission for investigation
• referral of the complaint to the Commission for conciliation
• referral of the complaint to the Psychological Care Assessment Committee
• referral of the complaint /notification to an Impaired Registrants Panel
• holding of an inquiry at a meeting of the Board
• referral of the complaint to the Psychologist’s Tribunal
• directing the psychologist to attend counselling
• provide advice or make recommendations to the psychologist  
• decline to deal with or dismiss the complaint

Psychologist notified
The Health Care Complaints Act requires the Commission to give written notice of the complaint to the psychologist. Notification may be delayed if notification would prejudice an investigation or place a client or the complainant at risk.  The Board notifies the psychologist if the matter is an impairment notification.

Once a complaint has been referred to the Board for management the following procedure is generally followed. Consent is sought from the complainant to enable a copy of their complaint correspondence to be provided to the psychologist. If consent is granted, the psychologist is provided with a copy of the complaint and is asked to provide a response to the Board by addressing the issues raised in the complaint. Upon receipt of the psychologist’s response, the complaint and the response are considered by the Conduct Committee. The Conduct Committee then makes a decision as to the most appropriate way to deal with the complaint by taking any of the above options.

A psychologist is notified of any action taken by its Conduct Committee.

Referred for investigation
Complaints are referred to the Commission for investigation if the complaint indicates a serious concern or if more information needs to be obtained to enable a decision to be made.

After the Commission has completed its investigation, the Commission and Conduct Committee of the Board consult to consider the results of the investigation and to decide which of the above options is the most appropriate e.g. the matter may be dismissed or the psychologist may be referred for counselling or to the Impaired Registrants Panel.

Click for link to: Health Care Complaints Commission - Complaint Information.

Referred for conciliation
Matters suitable for conciliation may be referred by the Commission to the Health Conciliation Registry. Parties must consent to conciliation before being referred to the HCR.
 
Referred to the Psychological Care and Assessment Committee (PCAC)
Complaints not deemed of sufficient seriousness to warrant investigation by the Commission may be referred by the Board to the Psychological Care and Assessment Committee (the Committee).  The Committee consists of 4 members, three of whom are registered psychologists and one of whom is a community representative. The Committee deals with complaints involving issues of professional competency and aims to resolve issues by consent.

The Committee may obtain such psychological, medical, legal, financial or other advice as it thinks necessary and may require the psychologist to undergo skills testing at the Board's expense. 

The Committee produces a report, a copy of which is provided to the psychologist, and makes recommendations to the Board. The Committee may recommend that the Board:

• deal with the complaint by inquiry at a meeting of the Board as a complaint of unsatisfactory professional conduct
• direct the psychologist to attend counselling or undertake supervision or further training
• dismiss the complaint.

Referred to the Impairment Registrants Panel
As defined in the Psychologists Act, a person suffers from an impairment if they suffer from any physical or mental impairment, disability, condition or disorder that detrimentally affects or is likely to detrimentally affect their physical or mental capacity to practise psychology.  A person who habitually abuses alcohol or is addicted to a deleterious drug is taken to suffer from an impairment.

Anyone may notify the Board about a possible impairment suffered by a psychologist. The notification must be in writing but it need not be in the form of a complaint. 

If the Board considers that a psychologist's conduct arises from an impairment and that the psychologist may be responsive to a supportive approach, the Board may refer the psychologist for assessment to the Impaired Registrants Panel (“the Panel”).  The Panel is delegated to oversee impairment processes for the Board and consists of two members, one of whom must be a registered psychologist.

The Board or the Panel may require a psychologist, subject of a complaint or notification, to undergo a medical or psychiatric examination (at the Board’s expense). Failure to attend an examination may be considered as evidence of insufficient physical or mental capacity to practise as a psychologist. 

The Panel meets with the psychologist, reviews available information including medical reports and makes recommendations to the Board. The Panel may counsel the psychologist, may recommend the psychologist attend external counselling or may recommend that the psychologist agree to a voluntary suspension or conditions being imposed on registration.

The Board may impose conditions or suspend the registration of a psychologist only if the Panel has recommended that the Board do so, and if the Board is satisfied that the psychologist has voluntarily agreed to the conditions.

If an impairment matter cannot be satisfactorily dealt with by the Panel or if the psychologist does not agree to voluntary suspension or conditions being imposed on their registration, the matter can be dealt with as a complaint. While matters discussed with the Panel and the Panel's report are confidential, disclosure may be made to the Commission if a complaint is subsequently made.

Although the Board appoints members to sit on the Panel and refers matters to it, the Board does not direct the Panel or influence its decision in any way.

Board Inquiry
Complaints not deemed of sufficient seriousness to warrant investigation by the Commission, but which nevertheless raise issues of concern which come within the Board’s responsibility, may be dealt with by inquiry at a meeting of the Board.

At the inquiry the Board:

• may inform itself on any matter in such manner as it thinks fit
• may receive written or oral submissions
• proceeds with as little formality and technicality, and as much expedition, as possible
• is not bound by rules of evidence

• may deal with the complaint in the absence of the psychologist

The following are among possible outcomes of a Board Inquiry:

• dismissal of the complaint
• imposition of conditions on registration such as a period of supervision and/or a requirement that the psychologist undertake specific professional development
• referral of the complaint to the Psychologists Tribunal 

The psychologist is entitled to attend the Board inquiry and to make oral or written submissions to the Board. They are not entitled to be legally represented but may be accompanied by a support person. The support person can be an Australian lawyer. If the psychologist does not choose to attend the inquiry the Board may deal with the complaint in their absence.

The Commission may make a submission to the Board with respect to the complaint and may for that purpose attend the meeting during the course of the Board's inquiry. The Commission is not entitled to be legally represented at the inquiry.

The Board, within 30 days of making its decision, provides to the complainant, the psychologist concerned and such other persons as it thinks fit, a written statement which includes the decision and the reasons for the decision.

The psychologist and the Commission are entitled to appeal to the Psychologists Tribunal against a finding of the Board.

Direction to attend Counselling
The Board may deal with a complaint by directing the psychologist to attend counselling.

Counselling is usually related to expected professional standards and is generally conducted by two members of the Conduct Committee. During the counselling interview, the psychologist is asked to give an account of his or her actions.  Counselling may also involve the psychologist making certain undertakings and giving certain assurances. 

Advice and Recommendations
Where appropriate, the Board may provide advice or recommendations to a psychologist in relation to professional practice.  Advice may be given orally during a counselling interview or in writing at the conclusion of a complaint.

Psychologists Tribunal
Once serious matters have been investigated by the Commission, the Conduct Committee and the Commission consult as to whether the complaint should be referred to the Commission’s Director of Proceedings with a view to prosecution before a Psychologists Tribunal (“the Tribunal”) or whether another less serious outcome is appropriate.

A complaint will be referred to the Tribunal where an investigation concludes that the evidence is capable of proving unsatisfactory professional conduct or professional misconduct. 

The Tribunal has the power to suspend or cancel registration. If a matter relates to impairment or the physical or mental capacity to practise as a psychologist, it may be dealt with by the Impaired Registrants Panel even though the matter might otherwise warrant suspension or cancellation of registration.

The Tribunal is established by the Board from panels of psychologists and lay members. The Commission acts as the nominal complainant in matters prosecuted before the Tribunal. Tribunal hearings are usually open to the public and are conducted in a similar manner to court hearings.

After a complaint has been referred by the Director of Proceedings for prosecution before the Tribunal, arrangements are made to convene a Hearing and ensure the Hearing is conducted in accordance with legislative requirements. After the Hearing the Tribunal releases for publication a Reasons for Decision document outlining the Tribunal’s decision and any orders which may be handed down. The Board implements the decision and ensures that the psychologist complies with any orders of the Tribunal. The Reasons for Decision document is made publicly available unless a specific Suppression Order prohibits publication.

The Board also makes publicly available the name of each psychologist who is subject to an order of the Psychologists Tribunal or the Supreme Court that his or her registration be suspended or cancelled. The Board makes this information available from its website and provides a link to the Australasian Legal Information Institute (AustLII) website to enable access to Tribunal decisions.

Click for link to: Psychologists Tribunal Decisions
 
Dismissal of a complaint
The Board will not pursue complaints considered frivolous or vexatious. In some cases, the alleged conduct may have occurred quite some time before the complaint was lodged and there may be little chance of obtaining reliable evidence due to the delay.  The Conduct Committee of the Board and the Commission may agree that no further action is to be taken. 

The Conduct Committee may decline to deal with a complaint if the issues raised do not fall within the Board’s jurisdiction. Such matters include complaints that are industrial in nature such as those involving contractual disagreements.

The Board may also decline to deal with matters that may be properly tested in another jurisdiction eg complaints relating to the quality and/or accuracy of a psychological report written for use in a Family Court or Workers Compensation matter.

The Conduct Committee may decide to take no further action if, after considering the response to the complaint provided by the psychologist, the Committee determines that there was no breach of professional standards by the psychologist.

The person making the complaint is entitled to seek a review of a decision to take no further action however the Board will only review the decision if new material relevant to the complaint is provided by the complainant. 

Last Updated: May 2008