Human Rights Commission Regulation 2023

This regulation is the Human Rights Commission Regulation 2023.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘client, of a health care worker, for part 2 (Code of conduct for health care workers—Act, s 94C)—see section 4.’ means that the term ‘client’ is defined in that section for pt 2.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Code of conduct for health care workers—Act, s 94C

In this part:

client, of a health care worker, means an individual to whom a health service is provided or offered by the health care worker.

For the Act, division 5.3 (Health care worker code of conduct), the following laws are prescribed:

the Health and Community Services Complaints Act 2004 (SA);

the Health and Disability Services (Complaints) Act 1995 (WA);

the Health Care Complaints Act 1993 (NSW);

the Health Complaints Act 2016 (Vic);

the Health Ombudsman Act 2013 (Qld).

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

For the Act, division 5.3 (Health care worker code of conduct), the following orders are prescribed:

an order under the Health and Community Services Complaints Act 2004 (SA), section 56B (Interim action) or section 56C (Commissioner may take action);

an order under the Health and Disability Services (Complaints) Act 1995 (WA), part 3D, division 1 (Interim prohibition orders) or division 2 (Prohibition orders);

an order under the Health Care Complaints Act 1993 (NSW), section 41AA (Interim protection orders) or section 41A (Prohibition orders and public statements);

an order under the Health Complaints Act 2016 (Vic), part 8, division 1 (Interim prohibition orders) or division 2 (Prohibition orders);

an order under the Health Ombudsman Act 2013 (Qld), part 7, division 2 (Interim prohibition orders) or part 8A (Prohibition orders).

This code applies to a health care worker.

A health care worker must provide a health service in a safe and ethical way.

Without limiting subsection (1), a health care worker must—

be competent to provide the health service; and

have the experience, training and qualification required to provide the health service; and

only prescribe or recommend a treatment or appliance to a client that the health care worker believes serves the needs of the client; and

recognise the limit of the treatment the health care worker can provide; and

if appropriate, refer a client to another competent health service; and

if appropriate, recommend a client seek another opinion or health service; and

if required and practicable, assist a client to find another appropriate health service; and

encourage a client to tell the client’s treating doctor (if any) about the health service being provided by the health care worker; and

provide a health service in a manner that is sensitive to the cultural needs of a client; and

if the health care worker is, or should be, aware a client is taking or receiving another health service—understand the interaction between the health services and tell the client about any possible adverse interaction.

Before a health care worker provides a health service to a client, the health care worker must be satisfied on reasonable grounds that the client consents to the health service.

A health care worker must not claim to be qualified, able or willing to cure cancer or another terminal illness.

A health care worker may claim to be able to treat or alleviate the symptoms of cancer or another terminal illness only if the claim can be substantiated.

This section applies to information a health care worker gives a person in relation to a health service.

Examples

 information given when consulting a client

 information included in an advertisement

 information given to a professional body for a health service

The health care worker must not—

give false, misleading or deceptive information about, or otherwise misrepresent, any of the following:

a health service the health care worker provides;

the health care worker’s competence to provide a health service;

the health care worker’s experience, training and qualification in relation to providing a health service;

the health care worker’s professional affiliation;

the health care worker’s ability to provide treatment; or

make a claim about the efficacy of a health service if the claim cannot be substantiated.

This section applies to advice a health care worker gives a client in relation to a health service provided to the client.

The health care worker must—

allow the client to make an informed choice in relation to the health service, and other health services; and

not attempt to dissuade the client from seeking or continuing medical treatment; and

communicate and co-operate with colleagues, other health service providers and relevant entities in the best interests of a client.

However, subsection (2) does not prevent a health care worker from telling a client that the health care worker believes a health service provided by the health care worker will not benefit, or continue to benefit, the client.