News from ATP SA on legal matters

04 September 2009

As ATP SA members will know from a previous communication, ATP SA has sought legal advice on the matter of the regulations defining the scope of the profession of psychology. This followed the publication of Government Gazette No. R. 993 on the 16th September 2008, and the 10th November 2008 communication from the HPCSA to all test developers and distributors stating that the use of unregistered persons to render psychological tests was not permissible.

On the same grounds as previous objections, legal counsel for ATP SA sent a letter to the HPCSA objecting to the notice so published. Subsequently, ATP SA received notice of the HPCSA’s intention to oppose the objection. However, by the 7th August and after several extensions, the HPCSA’s opposing affidavit stating the reasons why the notice should not be rescinded had not been filed.

The attorneys for the HPCSA subsequently contacted ATP SA’s legal counsel, advising that they would agree to the matter already being enrolled at this stage so that the ATP SA was not prejudiced due to the late filing of the opposing affidavit. The matter has now been set down for hearing on the 10th February 2010.

Contact ATP SA’s co-ordinating committee for more information concerning this case.