Edward Smith
Partner, Wotton Kearney Lawyers |
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About
Edward is a health law specialist with 15 years’ experience representing health practitioners and public health services in the full range of issues affecting the sector. Edward is regularly engaged to act for health practitioners in litigated medical negligence proceedings, class action proceedings, coronial inquests, regulatory investigations, privacy disputes and criminal prosecutions.
For over 10 years, Edward acted for the Victorian Institute of Forensic Mental Health and North Western Mental Health in coronial and civil proceedings, as well as for the Australian Psychological Society appearing on behalf of members in Immediate Action Committee hearings and disciplinary proceedings in VCAT. Edward’s pro bono practice includes representing individuals subject to involuntary treatment orders before the Mental Health Tribunal.
Presenting at the 2025 ANSA Conference
Emerging Therapies: Legal Considerations for Health Practitioners
This session will examine disciplinary cases against mental health practitioners concerning the use of new and emerging therapies or the use of therapies for non-conventional purposes. The cases provide insight into the expectations of the Psychology Board and/or State Tribunals with respect to the use of evidence-based treatment and the standards that apply to new and emerging therapies. Topics for discussion will include record keeping, clinical assessments, client communications and consent, and when the Board is inclined to make adverse findings. The session will focus on identifying practical learnings to assist practitioners to engage in the safe, ethical and professional use of treatment approaches for which evidence may still be emerging.
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