Mandatory Reporting & Duty of Care

1. Purpose

This policy outlines the mandatory reporting obligations and duty of care responsibilities of practitioners at Fields of Hope Counselling, ensuring clients understand the circumstances in which confidentiality may be limited.

2. Duty of Care

All practitioners owe a professional duty of care to their clients, requiring them to provide services that meet accepted professional standards, identify and respond appropriately to risk of harm, take reasonable steps to prevent foreseeable harm, and refer or escalate where a client's needs exceed the scope of the Practice.

3. Mandatory Reporting — Child Protection

All practitioners at Fields of Hope Counselling are mandatory reporters under the Children and Young Persons (Care and Protection) Act 1998 (NSW). Practitioners are legally required to report to the NSW Department of Communities and Justice — Child Protection Helpline where they have reasonable grounds to suspect a child or young person is at risk of significant harm.

What Must Be Reported

A report must be made where a practitioner suspects on reasonable grounds that a child or young person is at risk of significant harm, including harm from physical abuse or neglect, sexual abuse, emotional or psychological abuse, or domestic violence in the home.

Mandatory reporting obligations override confidentiality. A practitioner cannot decline to report on the grounds of client confidentiality.

Practitioners in other states/territories: Mandatory reporting legislation varies by jurisdiction. Where a client is located interstate, the applicable legislation of the client's jurisdiction applies.

4. Mandatory Reporting — AHPRA Practitioners

Where applicable, AHPRA-registered practitioners have additional mandatory reporting obligations under the Health Practitioner Regulation National Law, including reporting another registered practitioner who practises while impaired, engages in sexual misconduct, or poses a risk of substantial harm to the public.

5. Risk to Life — Duty to Warn

Imminent Risk to Client

Where a client presents with an imminent risk of suicide or serious self-harm, the practitioner will conduct a clinical risk assessment, develop or review a safety plan, and consider whether emergency services or emergency contact notification is required. All actions will be documented.

Risk to a Third Party

Where a client discloses a credible, specific threat to harm an identifiable third party, the practitioner may consider warning that person or alerting relevant authorities, notwithstanding confidentiality. This decision is made in consultation with the supervisor and documented in full.

6. Responding to Adult Abuse Disclosures

Where an adult client discloses current or historical abuse, the practitioner will respond with care and without judgement, explore safety and current risk, provide information about support options (including reporting to police), and respect the client's autonomy. Mandatory reporting obligations may still apply where children are also at risk.

7. Documentation

All mandatory reports, risk assessments, duty of care decisions, and clinical reasoning will be documented promptly in the client's clinical record, including report reference numbers, actions taken, and follow-up plans.

8. Client Information

Clients are informed of these limits of confidentiality at the commencement of services through the Informed Consent and Client Agreement.

9. Review

This policy will be reviewed annually and updated to reflect any changes in mandatory reporting legislation across relevant Australian jurisdictions.