The absence of a formally gazetted code of practice under s 374 of the Health Practitioners (Professional Standards) Act 1999 (Qld) does not preclude a finding of unsatisfactory professional conduct against a registered health practitioner. Ethical standards of a profession exist independently of statutory codification and may be proved by evidence of professional codes (such as the APS Code of Ethics) and expert testimony as to what practitioners of good repute regard as binding norms. A gazetted code provides definitive evidence of ethical standards; without one, the same standards must be established by other means of proof.
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