Exploring the Psychologists Board's
consultation on scopes of practice
As practising psychologists, we are here first and foremost to serve the needs of our clients and, in doing so, to comply with our code of ethics, the Health Practitioners Competence Assurance Act 2003, and other applicable law. The Psychologists Board is our regulatory authority. We respect the functions bestowed on it by the Act and recognise the contributions it has made in the past to advancing our profession. At the moment, however, we are concerned about the direction the Board is taking on the scopes of practice for psychologists. This year we have witnessed a clear change in direction from the Board that does not sit well with the scopes of practice as originally developed in 2003-2004 and as consistently applied by the Board from 2004 to around 2021. In a range of statements this year (2023) and now in the Board's consultation paper on scopes of practice released on 6 December 2023, we are seeing a concerning reinterpretation of the scopes of practice that have been in place since 2004, a departure from the profession's understanding of their true meaning and effect, and a departure from clear and consistent practice by the Board from 2004-2021. We are being told that "many psychologists ... have developed and expanded their practice beyond the scope of practice in which they are registered" (which, if true, would be unlawful and expose us to sanction), and that the Board needs to 'rectify' this situation and 'legally enable' the workforce. We disagree with the Board's change in direction, we believe it is factually and legally incorrect, and we are concerned that the Board would assert, in substance, that many psychologists are acting unlawfully. The purpose of this site is to shed light on what is happening so that proper and fully informed discussion can occur. We have not taken this step lightly.
Why not just give feedback to the consultation?
We consider it important to help people understand relevant history and what is happening now. We believe the consultation paper rests on an incorrect foundation and does not provide enough information to psychologists and others who need to respond. We also believe the Board has not given people enough time and that there is a real risk the Board will ignore recent communications to it and proceed on its current trajectory. For these reasons, merely responding to the consultation would not be enough.
The scopes from 2004-2021
From 2004-2021 the Board was clear that the general 'Psychologist' scope of practice is all-encompassing and that a vocational scope of practice does not “fence off” any exclusive territory other than title use. "Any psychologist", the Board said, "can perform any activity, as long as they are demonstrably competent to do so, or are doing so under appropriate supervision". The evidence to support this is consistent and complete.
What the Board is saying now
In statements at a roadshow, to a government agency and concerned psychologists, and in its consultation paper, the currently-composed Board is saying the Board's approach from 2004-2021 was wrong and contrary to the Health Practitioners Competence Assurance Act. It is saying many psychologists are acting outside their scope of practice and that it needs to 'rectify' this by changing the scopes framework.
Why we believe it is wrong
We believe previous iterations of the Board were entitled to take the approach they did from 2004-2021, and that their approach was not contrary to the Act. We believe the current Board has reinterpreted the scopes of practice, and is using that reinterpretation as the basis for asserting psychologists are acting outside of scope, and as the justification for a complete upheaval of the scopes of practice framework.
Consequences
The Board's approach has already resulted in psychologists losing work, to the likely detriment of people needing mental health services. It has created confusion and distress within the profession, and psychologists fear damage to their reputation. The Board's commencing the consultation process on the footing it has taints the entire process. The Board was warned in October about the risks of doing this, but has done so anyway.
History of the scopes in 35 minutes
Post your consultation feedback here as well
Psychologists are not seeing the openness and transparency from the Board that they are reasonably entitled to expect. Psychologists' concerns have been responded to abruptly and important issues raised in legal letters to the Board have gone unanswered. To ensure there is sufficient transparency as to the profession's and others' responses to the consultation paper, those making submissions are encouraged to enter them here as well. Anonymously if you wish. You can enter your response here (at the same time as or after entering it into the Board's own consultation form).
