{"id":"tas:sr-2026-030","name":"Health Complaints (Code of Conduct) Regulations 2026","slug":"health-complaints-code-of-conduct-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":491219,"registerId":"tas-tas:sr-2026-030-current","compilationNumber":null,"startDate":"2026-06-24","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Health Complaints (Code of Conduct) Regulations 2026](/view/html/inforce/2026-10-02/sr-2026-030) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect 21 days after the day on which their making is notified in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Health Complaints Act 1995](/view/html/inforce/2026-10-02/act-1995-095) ;\n> \n> > ***code*** means the code of conduct set out in [Schedule 1](#JS1@EN) to these regulations.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Code of conduct","content":"### 4 Code of conduct\n\n> For the purposes of [section 56AAA](/view/html/inforce/2026-10-02/act-1995-095#GS56AAA@EN) of the Act, the code of conduct set out in [Schedule 1](#JS1@EN) is prescribed as a code of conduct for the provision of health services by health care workers.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed offences","content":"### 5 Prescribed offences\n\n> > (1)  In this regulation –\n> > \n> > > ***another jurisdiction*** means –\n> > > \n> > > > > (a) a State, other than this State; or\n> > > > \n> > > > > (b) a Territory; or\n> > > > \n> > > > > (c) the Commonwealth.\n> \n> > (2)  For the purposes of [section 56AAB(2)(a)(iii)](/view/html/inforce/2026-10-02/act-1995-095#GS56AAB@Gs2@Hpa@Hqiii@EN) and [section 56AAC(2)(a)(iii)](/view/html/inforce/2026-10-02/act-1995-095#GS56AAC@Gs2@Hpa@Hqiii@EN) of the Act, the following offences are prescribed:\n> > \n> > > > (a) an offence against the [Australian Consumer Law (Tasmania) Act 2010](/view/html/inforce/2026-10-02/act-2010-040) or an offence against the Australian Consumer Law of another jurisdiction;\n> > > \n> > > > (b) an offence against a provision of the [Criminal Code Act 1924](/view/html/inforce/2026-10-02/act-1924-069) , or a similar offence in another jurisdiction;\n> > > \n> > > > (c) an indictable offence under the [Misuse of Drugs Act 2001](/view/html/inforce/2026-10-02/act-2001-094) , or a similar offence in another jurisdiction;\n> > > \n> > > > (d) an offence against the [Poisons Act 1971](/view/html/inforce/2026-10-02/act-1971-081) where the offence has a maximum penalty of 50 penalty units or more, or a similar offence in another jurisdiction;\n> > > \n> > > > (e) an offence against [Part 2](/view/html/inforce/2026-10-02/act-1997-086#HP2@EN) , [Division 1 of Part 3](/view/html/inforce/2026-10-02/act-1997-086#HP3@HD1@EN) or [Part 8 of the](/view/html/inforce/2026-10-02/act-1997-086#HP8@EN) [Public Health Act 1997](/view/html/inforce/2026-10-02/act-1997-086) , or a similar offence in another jurisdiction.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - National Code of ","sectionType":"part","heading":"SCHEDULE 1 - National Code of Conduct for Health Care Workers","content":"# SCHEDULE 1 - National Code of  SCHEDULE 1 - National Code of Conduct for Health Care Workers\n\n[Regulation 4](#GS4@EN)\n\n> **1.   **Health care workers to provide services in safe and ethical manner****\n> \n> > > (1) A health care worker must provide health services in a safe and ethical manner.\n> > \n> > > (2) Without limiting subclause (1), a health care worker –\n> > > \n> > > > > (a) must maintain the necessary competence in the worker’s area of practice; and\n> > > > \n> > > > > (b) must not provide health care of a type that is outside the worker’s experience or training, or provide services that the worker is not qualified to provide; and\n> > > > \n> > > > > (c) must only prescribe or recommend treatments or appliances that serve the needs of clients; and\n> > > > \n> > > > > (d) must recognise the limitations of the treatment the worker can provide and refer clients to other competent health service providers in appropriate circumstances; and\n> > > > \n> > > > > (e) must –\n> > > > > \n> > > > > > > (i) recognise the limitations of the treatment the worker can provide to clients in a facility that is not a licensed establishment within the meaning of the [Health Service Establishments Act 2006](/view/html/inforce/2026-10-02/act-2006-017) ; and\n> > > > > > \n> > > > > > > (ii) where relevant, refer clients that require procedures that may only be undertaken at a licensed establishment to such an establishment; and\n> > > > \n> > > > > (f) must recommend to clients that additional opinions and services be sought, where appropriate; and\n> > > > \n> > > > > (g) must assist clients to identify other appropriate health care services, if required and practicable; and\n> > > > \n> > > > > (h) must encourage clients to inform their treating medical practitioner (if any) of the treatments or care being provided; and\n> > > > \n> > > > > (i) must have a sound understanding of any possible adverse interactions between the therapies and treatments being provided or prescribed by the health care worker and any other medications or treatments, whether prescribed or not, that the worker is, or should be, aware that a client is taking or receiving, and advise the client of these interactions; and\n> > > > \n> > > > > (j) must provide health services in a manner that is culturally sensitive to the needs of the worker’s clients.\n\n> **2.   **Health care workers to obtain consent****\n> \n> > Before commencing a treatment or service, a health care worker must ensure that consent appropriate to that treatment or service has been obtained and complies with the laws of the jurisdiction.\n\n> **3.   **Appropriate conduct in relation to treatment advice****\n> \n> > > (1) A health care worker must accept the right of a client to make informed choices in relation to the client’s health care.\n> > \n> > > (2) A health care worker must not attempt to dissuade a client from seeking or continuing medical treatment.\n> > \n> > > (3) A health care worker must communicate and cooperate with colleagues and other health service providers and agencies in the best interests of clients.\n\n> **4.   **Health care workers to report concerns about conduct of other health care workers****\n> \n> > A health care worker who, in the course of providing treatment or care, forms the reasonable belief that another health care worker has placed or is placing clients at serious risk of harm must refer the matter to the Health Complaints Commissioner.\n\n> **5.   **Health care workers to take appropriate action in response to adverse events****\n> \n> > > (1) A health care worker must take appropriate and timely measures to minimise harm to clients if an adverse event occurs in the course of providing treatment or care.\n> > \n> > > (2) Without limiting subclause (1), a health care worker must –\n> > > \n> > > > > (a) ensure that appropriate first aid is available to deal with any adverse event; and\n> > > > \n> > > > > (b) obtain appropriate emergency assistance in the event of any serious adverse event; and\n> > > > \n> > > > > (c) promptly disclose the adverse event to the client and take appropriate remedial steps to reduce the risk of recurrence; and\n> > > > \n> > > > > (d) report the adverse event to the relevant authority, where appropriate.\n\n> **6.   **Health care workers to adopt standard precautions for infection control****\n> \n> > > (1) A health care worker must adopt standard precautions for the control of infection in the course of providing treatment or care.\n> > \n> > > (2) Without limiting subclause (1), a health care worker who carries out skin penetration or another invasive procedure must comply with the *Public Health Act 1997*.\n\n> **7.   **Health care workers diagnosed with infectious medical conditions****\n> \n> > > (1) A health care worker who has been diagnosed with a medical condition that can be passed on to clients must ensure that the worker practises in a manner that does not put clients at risk.\n> > \n> > > (2) Without limiting subclause (1), a health care worker who has been diagnosed with a medical condition that can be passed on to clients must take and follow advice from a suitably qualified registered health practitioner on the necessary steps to be taken to modify the worker’s practice to avoid the possibility of transmitting that condition to clients.\n\n> **8.   **Health care workers not to make claims to cure certain serious illnesses****\n> \n> > > (1) A health care worker must not claim or represent that the worker is qualified, able or willing to cure cancer or other terminal illnesses.\n> > \n> > > (2) A health care worker who claims to be able to treat or alleviate the symptoms of cancer or other terminal illnesses must be able to substantiate such claims.\n\n> **9.   **Health care workers not to misinform clients****\n> \n> > > (1) A health care worker must not engage in any form of misinformation or misrepresentation in relation to the products or services that the worker provides or the qualifications, training or professional affiliations that the worker holds.\n> > \n> > > (2) Without limiting subclause (1) –\n> > > \n> > > > > (a) a health care worker must not use the possession of a particular qualification to mislead or deceive clients or the public as to the worker’s competence in an area of practice or ability to provide treatment; and\n> > > > \n> > > > > (b) a health care worker must provide truthful information as to the worker’s qualifications, training or professional affiliations; and\n> > > > \n> > > > > (c) a health care worker must not make claims either directly to clients or in advertising or promotional materials about the efficacy of treatment or services that the worker provides if those claims cannot be substantiated.\n\n> **10.   **Health care workers not to practise under influence of alcohol or unlawful substances****\n> \n> > > (1) A health care worker must not provide treatment or care to clients while the health care worker is under the influence of alcohol or unlawful substances.\n> > \n> > > (2) A health care worker who is taking prescribed medication must –\n> > > \n> > > > > (a) obtain advice from the prescribing registered health practitioner or dispensing pharmacist on the impact of the medication on the worker’s ability to practise; and\n> > > > \n> > > > > (b) refrain from treating or caring for clients in circumstances where the worker’s capacity is, or may be, impaired.\n\n> **11.   **Health care workers with certain mental or physical impairment****\n> \n> > > (1) A health care worker must not provide treatment or care to clients while the health care worker is suffering from a physical or mental impairment, disability, condition or disorder (including an addiction to alcohol or a drug, whether or not prescribed) that places or is likely to place clients at risk of harm.\n> > \n> > > (2) Without limiting subclause (1), if a health care worker has a mental or physical impairment that could place clients at risk, the health care worker must seek advice from a suitably qualified registered health practitioner to determine whether, and in what ways, the worker should modify the worker’s practice, including stopping practice if necessary.\n\n> **12.   **Health care workers not to financially exploit clients****\n> \n> > > (1) A health care worker must not financially exploit clients.\n> > \n> > > (2) Without limiting subclause (1) –\n> > > \n> > > > > (a) a health care worker must only provide services or treatments to clients that are designed to maintain or improve clients’ health or wellbeing; and\n> > > > \n> > > > > (b) a health care worker must not accept or offer financial inducements or gifts as a part of client referral arrangements with other health care workers; and\n> > > > \n> > > > > (c) a health care worker must not ask clients to give, lend or bequeath money or gifts that will benefit the health care worker directly or indirectly.\n\n> **13.   **Health care workers not to engage in sexual misconduct****\n> \n> > > (1) A health care worker must not engage in behaviour of a sexual or close personal nature with a client.\n> > \n> > > (2) A health care worker must not engage in a sexual or other inappropriate close personal, physical or emotional relationship with a client.\n> > \n> > > (3) A health care worker must ensure that a reasonable period of time has elapsed since the conclusion of the therapeutic relationship before engaging in a sexual relationship with a client.\n\n> **14.   **Health care workers to comply with relevant privacy laws****\n> \n> > A health care worker must comply with the relevant privacy laws that apply to clients’ health information, including but not limited to the *Privacy Act 1988* of the Commonwealth and the [Personal Information Protection Act 2004](/view/html/inforce/2026-10-02/act-2004-046) .\n\n> **15.   **Health care workers to maintain appropriate records****\n> \n> > > (1) A health care worker must maintain accurate, legible and up-to-date health records for each client consultation and ensure that those records are held securely and are not subject to unauthorised access.\n> > \n> > > (2) A health care worker must take necessary steps to facilitate a client’s access to information contained in the client’s health records if requested.\n> > \n> > > (3) A health care worker must facilitate the transfer of a client’s health record in a timely manner when requested to do so by the client or the client’s legal representative.\n\n> **16.   **Health care workers to be covered by appropriate insurance****\n> \n> > A health care worker must ensure that appropriate indemnity insurance arrangements are in place in relation to the worker’s practice.\n\n> **17.   **Health care workers to display code and other information****\n> \n> > > (1) A health care worker must ensure that a copy of each of the following documents is displayed or made available at all premises at which the health care worker carries on the worker’s practice:\n> > > \n> > > > > (a) this code of conduct;\n> > > > \n> > > > > (b) a document that gives information about the way in which clients may make a complaint to the Health Complaints Commissioner.\n> > \n> > > (2) Copies of these documents must be displayed or made available in a manner that makes them easily visible or accessible to clients.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 3 June 2026\n\nThese regulations are administered in the Department of Justice.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"There is no substantive text provided to demonstrate whether the Regulations have grown beyond their original purpose. From the title alone, the instrument appears focused on setting a code of conduct for health complaints. To determine whether it has changed scope compared to its original intent, I would need the enabling Act citation, prior versions or prior Codes, and the Regulations' objects/long title and operative clauses. Provide those and I will compare scope, powers created, and any expansion beyond core complaint-handling functions."},"complexity_factors":["Substantive text not provided (analysis provisional).","Likely multiple defined terms (e.g. 'complainant', 'health service', 'registered practitioner').","Expected cross-references to primary Health Complaints Act and possibly health practitioner registration laws.","Probable mix of behavioural standards and procedural rules (creates layered obligations).","Potential enforcement/penalty clauses and delegated decision-making powers (adds conditional logic).","Usual presence of schedules or annexed Code text that operate as mandatory detail.","Possible transitional and savings provisions creating exemptions or phased compliance."],"plain_english_summary":"**What this instrument is (based on the title and metadata provided)**\n\n- The Health Complaints (Code of Conduct) Regulations 2026 is a Tasmanian regulation that — by its name — sets out a code of conduct relating to health complaints. The document you supplied only contains header and status metadata; the substantive provisions (the rules themselves) were not included.\n\n**What such a regulation typically does (what to expect when you provide the full text)**\n\n- Establishes a Code of Conduct that applies to certain people or organisations involved in health service delivery or health complaints handling (for example, registered health practitioners, health service organisations, or staff of a complaints body).\n- Specifies behavioural standards and procedural rules for handling complaints (for example, requirements about timeliness, information given to complainants, confidentiality, conflict-of-interest management, and respectful communication).\n- Sets obligations for record-keeping, reporting to the health complaints body, and possibly mandatory notification of certain types of incidents or outcomes.\n- Prescribes enforcement mechanisms and consequences for breaches (administrative action, disciplinary referral, or civil/penalty provisions), and may set out how complaints about conduct under the Code are to be investigated and resolved.\n- Contains definitions, application and scope clauses, transitional or savings provisions, and likely cross-references to the Health Complaints Act or other Tasmanian health regulation.\n\n**Who is likely affected**\n\n- Health practitioners and health service providers who deliver care in Tasmania and are within the regulation's defined scope.\n- Complainants (patients, carers, or members of the public) who rely on the complaint processes and procedural protections in the Code.\n- The statutory complaints body or regulator charged with overseeing compliance and enforcement.\n- Employers of health practitioners who may need to adapt internal complaint-handling policies and compliance systems.\n\n**Why it matters (mechanically, not politically)**\n\n- It defines mandatory conduct and complaint-handling procedures: that changes what affected businesses and individuals must do when a health complaint arises.\n- It creates compliance obligations (timeframes, record-keeping, reporting) that impose direct administrative costs and shape internal processes.\n- It creates enforcement exposure: rules plus prescribed consequences change the legal risk profile for practitioners and organisations.\n\n**Analytical lens: incentives, costs, trade-offs, and implementation issues to check in the full text**\n\n- Who pays: look for obligations that require businesses or practitioners to fund training, record systems, or report writing — these are direct compliance costs.\n- Who decides: check where decision-making power is placed (the regulator, delegated officers, panels) and how much discretion is allowed.\n- Behaviour change: note whether the rules compel specific processes (which constrains local variation) or set high-level standards (which allow discretion).\n- Concentrated benefits & diffuse costs: a small regulatory body may gain enforcement powers (concentrated benefit) while many practitioners face record-keeping and reporting costs (diffuse cost).\n- Capture and rent-seeking risks: watch for provisions that give the regulator broad rule-making or exemption powers without clear safeguards.\n- Substitution effects: prescriptive complaint procedures may shift complaints away from private resolution towards formal bodies, increasing workload for the regulator.\n- Implementation risk: enforcement depends on resourcing of the complaint body and clarity of definitions; vague standards can produce inconsistent outcomes and litigation.\n\n**What I cannot do yet**\n\n- I cannot summarise the regulation’s actual operative rules, cite particular sections, or state precisely who is in/out of scope because the substantive clauses were not provided. To produce a definitive plain-English summary and a precise legal analysis I need the text of the regulations (or a reliable link to the complete regulation text).\n\n**If you want a full law-level analysis, please paste or link the following parts**\n\n1. the long title / purpose clause or objects section;  \n2. the definitions/interpretation section;  \n3. the clauses that state who the Code applies to (application/scope);  \n4. the core obligations/standards in the Code;  \n5. enforcement, review and penalty clauses;  \n6. transitional/savings provisions; and  \n7. any schedules or annexed Code text.\n\nOnce you paste those I will: (a) convert the rules into a short plain-English obligations checklist, (b) assess compliance costs and regulatory discretion with section citations, (c) flag risk areas (ambiguities, gaps, cross-references), and (d) give a final complexity rating with concrete reasons.\n"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-complaints-code-of-conduct-regulations-2026","history":"/api/acts/health-complaints-code-of-conduct-regulations-2026/history","analysis":"/api/acts/health-complaints-code-of-conduct-regulations-2026/analysis","conflicts":"/api/acts/health-complaints-code-of-conduct-regulations-2026/conflicts","importantCases":"/api/acts/health-complaints-code-of-conduct-regulations-2026/important-cases","documents":"/api/acts/health-complaints-code-of-conduct-regulations-2026/documents"}}