Associate, Charlie Bruce, recently presented to the Australian Association of Psychologists Inc on the Psychology Board of Australia’s new Code of Conduct and the mandatory professional obligation for psychologists to have a practice contingency plan, including nomination of alternate health practitioners to ensure continuity of client care.

A key focus of the presentation was the often-overlooked link between contingency planning and estate planning documents, particularly Enduring Powers of Attorney and Wills, and the need for those documents to contain clear direction and authority for attorneys and executors to activate and implement the contingency plan when required.

The new Code of Conduct

From 1 December 2025, the new Code of Conduct made contingency planning a mandatory professional obligation. Psychologists are now required to take reasonable steps to ensure continuity of care, appropriate management of client records, and protection of confidential information if they are unable to practise due to illness, incapacity, unplanned absence or death.

For many practitioners, particularly those in sole or small practices, this represents a significant shift from informal “backup” arrangements to a documented and actionable plan.  The Code is looking to address the risk of informal agreements in the serious unplanned circumstances of sudden accident, illness, or death—precisely the moments when an Enduring Power of Attorney or Will are most relevant.

How we’re helping psychologists

What we are seeing in practice is that many psychologists are unsure how best to implement the new Code in a way that is practical, compliant and proportionate. There is no shortage of guidance, templates and commercial providers in this space, but cutting through the noise to arrive at a clear, workable plan can be challenging.

Many psychologists have sought our assistance to help translate the Code’s ethical obligations into a legally robust, actionable contingency plan that is properly supported by their estate planning documents.

Estate Planning Requirement

This last point is critical. A contingency plan often relies on third parties, such as a professional nominee, practice manager, attorney, or executor to step in quickly and lawfully.

If your Enduring Power of Attorney or Will does not expressly authorise those actions or clearly direct that the contingency plan be implemented, the authority of your attorney or executor can be called into doubt.

That uncertainty can cause delay right when timely action is required, that could cause real consequences for clients, particularly those who are vulnerable or high risk.

A failure to plan will also place psychologists at risk of falling foul of professional obligations under the Code.

Final Thoughts

We expect that the Psychology Board and Ahpra will require psychologists, at the next registration renewal, to confirm that they have taken steps to comply with the new Code, including having an actionable contingency plan in place.

Ensuring that plan is properly integrated into your estate planning documents is not just good practice, it is now an essential part of professional compliance and client care.

If you would like to book an online or in person, appointment to discuss your practice and estate planning, contact Partner, Peter Charatsis, or Associate, Charlie Bruce, to discuss how we can assist.

This information is general in nature and does not constitute legal advice.