{"id":"sl-2023-16","name":"Human Rights Commission Regulation 2023","slug":"human-rights-commission-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"16 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173402,"registerId":"act-sl-2023-16-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Human Rights Commission Regulation 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Commission\nRegulation 2023\nSL2023-16\nmade under the\nHuman Rights Commission Act 2005\nRepublication No 2\nEffective: 1 August 2024\nRepublication date: 1 August 2024\nLast amendment made by A2024-22\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Human Rights Commission Regulation 2023, made under the\nHuman Rights Commission Act 2005 (including any amendment made under the Legislation Act\n2001, part 11.3 (Editorial changes)) as in force on 1 August 2024. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to 1 August 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Commission\nRegulation 2023\nmade under the\nHuman Rights Commission Act 2005\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\nPart 2 Code of conduct for health care workers—\nAct, s 94C\n4 Meaning of client—pt 2 3\n5 Prescribed corresponding law 3\n6 Corresponding prohibition or condition orders 3\n7 Application of code of conduct 4\n\nContents\nPage\ncontents 2 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Health care worker must provide safe and ethical health service 4\n9 Health care worker must have client consent 5\n10 Health care worker must not claim to cure cancer or terminal illness 5\n11 Health care worker must not misinform 6\n12 Health care worker must provide accurate advice 6\n13 Health care worker must not exploit client—financial misconduct 7\n14 Health care worker must not exploit client—sexual misconduct 7\n15 Health care worker must mitigate harm 8\n16 Health care worker must control infection 8\n17 Health care worker with transmissible condition 9\n18 Health care worker under influence of intoxicating or unlawful\nsubstance 9\n19 Health care worker with impairment etc 10\n20 Health care worker must comply with privacy laws 10\n21 Health care worker must keep records 10\n22 Health care worker must have insurance 11\n23 Health care worker must report concern about conduct of other health\ncare worker 11\n24 Health care worker must display code and other information 11\nPart 3 Child safe standards\n25 Child safe standards—Act, s 94V 12\nDictionary 13\nEndnotes\n1 About the endnotes 14\n2 Abbreviation key 14\n3 Legislation history 15\n4 Amendment history 15\n5 Earlier republications 16\n\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHuman Rights Commission\nRegulation 2023\nmade under the\nHuman Rights Commission Act 2005\n\nPart 1 Preliminary\nSection 1\npage 2 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Human Rights Commission Regulation 2023.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘client, of a health care worker, for\npart 2 (Code of conduct for health care workers—Act, s 94C)—see\nsection 4.’ means that the term ‘client’ is defined in that section for pt 2.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nCode of conduct for health care workers—Act, s 94C Part 2\nSection 4\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Code of conduct for health care\nworkers—Act, s 94C\n4 Meaning of client—pt 2\nIn this part:\nclient, of a health care worker, means an individual to whom a health\nservice is provided or offered by the health care worker.\n5 Prescribed corresponding law\nFor the Act, division 5.3 (Health care worker code of conduct), the\nfollowing laws are prescribed:\n(a) the Health and Community Services Complaints Act 2004 (SA);\n(b) the Health and Disability Services (Complaints) Act 1995 (WA);\n(c) the Health Care Complaints Act 1993 (NSW);\n(d) the Health Complaints Act 2016 (Vic);\n(e) the Health Ombudsman Act 2013 (Qld).\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n6 Corresponding prohibition or condition orders\nFor the Act, division 5.3 (Health care worker code of conduct), the\nfollowing orders are prescribed:\n(a) an order under the Health and Community Services Complaints\nAct 2004 (SA), section 56B (Interim action) or section 56C\n(Commissioner may take action);\n(b) an order under the Health and Disability Services (Complaints)\nAct 1995 (WA), part 3D, division 1 (Interim prohibition orders)\nor division 2 (Prohibition orders);\n\nPart 2 Code of conduct for health care workers—Act, s 94C\nSection 7\npage 4 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an order under the Health Care Complaints Act 1993 (NSW),\nsection 41AA (Interim protection orders) or section 41A\n(Prohibition orders and public statements);\n(d) an order under the Health Complaints Act 2016 (Vic), part 8,\ndivision 1 (Interim prohibition orders) or division 2 (Prohibition\norders);\n(e) an order under the Health Ombudsman Act 2013 (Qld), part 7,\ndivision 2 (Interim prohibition orders) or part 8A (Prohibition\norders).\n7 Application of code of conduct\nThis code applies to a health care worker.\n8 Health care worker must provide safe and ethical health\nservice\n(1) A health care worker must provide a health service in a safe and\nethical way.\n(2) Without limiting subsection (1), a health care worker must—\n(a) be competent to provide the health service; and\n(b) have the experience, training and qualification required to\nprovide the health service; and\n(c) only prescribe or recommend a treatment or appliance to a client\nthat the health care worker believes serves the needs of the\nclient; and\n(d) recognise the limit of the treatment the health care worker can\nprovide; and\n(e) if appropriate, refer a client to another competent health service;\nand\n\nCode of conduct for health care workers—Act, s 94C Part 2\nSection 9\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if appropriate, recommend a client seek another opinion or\nhealth service; and\n(g) if required and practicable, assist a client to find another\nappropriate health service; and\n(h) encourage a client to tell the client’s treating doctor (if any)\nabout the health service being provided by the health care\nworker; and\n(i) provide a health service in a manner that is sensitive to the\ncultural needs of a client; and\n(j) if the health care worker is, or should be, aware a client is taking\nor receiving another health service—understand the interaction\nbetween the health services and tell the client about any possible\nadverse interaction.\n9 Health care worker must have client consent\nBefore a health care worker provides a health service to a client, the\nhealth care worker must be satisfied on reasonable grounds that the\nclient consents to the health service.\n10 Health care worker must not claim to cure cancer or\nterminal illness\n(1) A health care worker must not claim to be qualified, able or willing\nto cure cancer or another terminal illness.\n(2) A health care worker may claim to be able to treat or alleviate the\nsymptoms of cancer or another terminal illness only if the claim can\nbe substantiated.\n\nPart 2 Code of conduct for health care workers—Act, s 94C\nSection 11\npage 6 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Health care worker must not misinform\n(1) This section applies to information a health care worker gives a\nperson in relation to a health service.\nExamples\n• information given when consulting a client\n• information included in an advertisement\n• information given to a professional body for a health service\n(2) The health care worker must not—\n(a) give false, misleading or deceptive information about, or\notherwise misrepresent, any of the following:\n(i) a health service the health care worker provides;\n(ii) the health care worker’s competence to provide a health\nservice;\n(iii) the health care worker’s experience, training and\nqualification in relation to providing a health service;\n(iv) the health care worker’s professional affiliation;\n(v) the health care worker’s ability to provide treatment; or\n(b) make a claim about the efficacy of a health service if the claim\ncannot be substantiated.\n12 Health care worker must provide accurate advice\n(1) This section applies to advice a health care worker gives a client in\nrelation to a health service provided to the client.\n(2) The health care worker must—\n(a) allow the client to make an informed choice in relation to the\nhealth service, and other health services; and\n(b) not attempt to dissuade the client from seeking or continuing\nmedical treatment; and\n\nCode of conduct for health care workers—Act, s 94C Part 2\nSection 13\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) communicate and co-operate with colleagues, other health\nservice providers and relevant entities in the best interests of a\nclient.\n(3) However, subsection (2) does not prevent a health care worker from\ntelling a client that the health care worker believes a health service\nprovided by the health care worker will not benefit, or continue to\nbenefit, the client.\n13 Health care worker must not exploit client—financial\nmisconduct\n(1) A health care worker must not financially exploit a client.\n(2) Without limiting subsection (1), a health care worker must—\n(a) only provide a health service to a client that is designed to\nmaintain or improve the client’s health or wellbeing; and\n(b) not accept or offer financial inducements or gifts in relation to a\nclient referral arrangement with another health care worker; and\n(c) not ask a client to give, lend or bequeath money or gifts that will\nbenefit the health care worker directly or indirectly.\n14 Health care worker must not exploit client—sexual\nmisconduct\n(1) A health care worker must not engage in behaviour of a sexual or\nother inappropriate close personal nature with a client.\n(2) A health care worker must not engage in a sexual or other close\npersonal, physical or emotional relationship with a client.\n(3) A health care worker must ensure there is a reasonable period after\nthe health care worker stops providing a health service to a client\nbefore starting a sexual or close personal relationship with the former\nclient.\n\nPart 2 Code of conduct for health care workers—Act, s 94C\nSection 15\npage 8 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Health care worker must mitigate harm\n(1) If an adverse event occurs in connection with providing a health\nservice to a client, a health care worker must take appropriate and\ntimely measures to minimise harm to the client.\n(2) Without limiting subsection (1), a health care worker must, as soon\nas practicable after the adverse event occurs—\n(a) tell the client about the adverse event; and\n(b) for a serious adverse event—obtain appropriate emergency\nassistance; and\n(c) take steps to reduce the risk of a similar adverse event occurring;\nand\n(d) report the adverse event to any relevant authority.\n(3) A health care worker must ensure that appropriate first aid is available\nto deal with any adverse event.\n16 Health care worker must control infection\n(1) A health care worker must take reasonable precautions for the control\nof infection in the course of providing a health service.\n(2) Without limiting subsection (1), a health care worker who carries out\nskin penetration or another invasive procedure must comply with the\nPublic Health Act 1997, including the following:\n(a) any declaration made under that Act, section 18 (Public health\nrisk activities and procedures—declaration);\n(b) any code about infection control made under that Act,\nsection 133 (Codes of practice).\n\nCode of conduct for health care workers—Act, s 94C Part 2\nSection 17\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Health care worker with transmissible condition\n(1) This section applies if a health care worker is diagnosed with a\nmedical condition that has a risk of transmission to a client of the\nhealth care worker.\n(2) The health care worker must—\n(a) seek advice from a health practitioner about how to avoid\ntransmitting the condition to a client; and\n(b) provide a health service in a way that does not transmit the\ncondition.\n18 Health care worker under influence of intoxicating or\nunlawful substance\n(1) A health care worker must not provide a health service while under\nthe influence of an intoxicating or unlawful substance.\n(2) A health care worker may provide a health service while under the\ninfluence of a medicine if—\n(a) the health care worker follows the advice of the prescribing\nhealth practitioner or dispensing pharmacist about the impact of\nthe medicine on the health care worker’s ability to provide a\nhealth service; and\n(b) the health care worker’s capacity to provide the service is not\nimpaired.\n(3) In this section:\nmedicine—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, section 11.\n\nPart 2 Code of conduct for health care workers—Act, s 94C\nSection 19\npage 10 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Health care worker with impairment etc\n(1) This section applies if a health care worker has a physical or mental\nimpairment, disability, condition or disorder (including an addiction).\n(2) The health care worker must—\n(a) ask a relevant health practitioner to determine whether and how\nthe health care worker should modify, suspend or end the\nprovision of the health service to minimise the risk of harm to a\nclient; and\n(b) follow the advice of the health practitioner.\n20 Health care worker must comply with privacy laws\nA health care worker must comply with privacy laws that apply to a\nclient’s health information, including—\n(a) the Health Records (Privacy and Access) Act 1997; and\n(b) the Information Privacy Act 2014; and\n(c) the Privacy Act 1988 (Cwlth).\n21 Health care worker must keep records\n(1) This section applies if it is reasonably likely that information about\nthe provision of a health service to a client by a health care worker\nwill be relevant to the ongoing health or wellbeing of the client after\nthe health service is provided.\n(2) The health care worker must—\n(a) make accurate, legible and up-to-date records in relation to the\nhealth service provided to the client; and\n(b) keep the record secure; and\n(c) prevent unauthorised access to the record; and\n\nCode of conduct for health care workers—Act, s 94C Part 2\nSection 22\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if a client asks for information in a record about the client—give\nthe client access to the information; and\n(e) if a client or the client’s legal representative asks for the transfer\nof a record about the client—transfer the record in a timely\nmanner.\n22 Health care worker must have insurance\nA health care worker must have appropriate indemnity insurance\narrangements in relation to the health care worker’s practice.\n23 Health care worker must report concern about conduct of\nother health care worker\nA health care worker must tell the commission if the health care\nworker believes on reasonable grounds that another health care\nworker has put a client at serious risk of harm.\n24 Health care worker must display code and other\ninformation\nA health care worker must make the following easily visible and\naccessible at all premises where the health care worker provides a\nhealth service:\n(a) the code of conduct;\n(b) information about how a client may make a complaint to the\ncommission.\n\nPart 3 Child safe standards\nSection 25\npage 12 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Child safe standards\n25 Child safe standards—Act, s 94V\nThe following standards are prescribed:\n(a) child safety and wellbeing is embedded in organisational\nleadership, governance and culture;\n(b) children and young people are informed about their rights,\nparticipate in decisions affecting them and are taken seriously;\n(c) families and communities are informed and involved in\npromoting child safety and wellbeing;\n(d) equity is upheld and diverse needs are respected in policy and\npractice;\n(e) people working with children and young people are suitable and\nsupported to reflect child safety and wellbeing values in\npractice;\n(f) processes to respond to complaints and concerns are child\nfocused;\n(g) staff and volunteers are equipped with the knowledge, skills and\nawareness to keep children and young people safe through\nongoing education and training;\n(h) physical and online environments promote safety and wellbeing\nwhile minimising the opportunity for children and young people\nto be harmed;\n(i) an organisation’s implementation of the child safe standards is\nregularly reviewed and improved;\n(j) an organisation’s policies and procedures document how the\norganisation is safe for children and young people.\n\nDictionary\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions relevant to this regulation. For\nexample:\n• health practitioner\n• may (see s 146)\n• must (see s 146)\n• person (see s 160).\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Human Rights Commission Act 2005. For example, the following\nterms are defined in the Human Rights Commission Act 2005, dict:\n• child safe standards\n• code of conduct\n• commission\n• complaint\n• health care worker\n• health service (see s 7)\n• relevant professional body.\nclient, of a health care worker, for part 2 (Code of conduct for health\ncare workers—Act, s 94C)—see section 4.\n\nEndnotes\n1 About the endnotes\npage 14 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n01/08/24\nHuman Rights Commission Regulation 2023\nEffective: 01/08/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was made as part of the Human Rights Commission Amendment\nAct 2023 (see A2023-29, s 4 and sch 1) and is taken to have been made under the\nHuman Rights Commission Act 2005 A2005-40 (see A2023-29, s 4 (1)).\nHuman Rights Commission Regulation 2023 SL2023-16\ntaken to have been notified LR 7 July 2023 (A2023-29 s 4 (2) (a))\ns 1 commenced 7 July 2023 (LA s 75 (1))\ns 5 (b), s 6 (b) commenced 7 January 2024 (A2023-29 s 4 (3) and\nLA s 79)\nremainder commenced 7 January 2024 (A2023-29 s 4 (2) (b))\nas amended by\nHuman Rights Commission (Child Safe Standards) Amendment\nAct 2024 A2024-22 pt 3\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 3 commenced 1 August 2024 (s 2 (a))\n4 Amendment history\nChild safe standards\npt 3 hdg ins A2024-22 s 9\nChild safe standards—Act, s 94V\ns 25 ins A2024-22 s 9\nDictionary\ndict am A2024-22 s 10\n\nEndnotes\n5 Earlier republications\npage 16 Human Rights Commission Regulation 2023\nEffective: 01/08/24\nR2\n01/08/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n7 Jan 2024\n7 Jan 2024–\n31 July 2024\nnot amended new regulation\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation appears to be operating within its original intended scope. It was made to support the Human Rights Commission Act 2005 by prescribing details for the health care worker code of conduct and child safe standards. The 2024 amendment adding Part 3 (Child Safe Standards) was a planned expansion under the Act's existing framework (section 94V), not a scope creep beyond the original legislative intent."},"complexity_factors":["Short, readable sections with clear headings (24 sections total)","Minimal cross-referencing—mostly internal references to the parent Act or other ACT laws","Simple conditional logic (e.g., 'if appropriate', 'if required and practicable') without nested exceptions","Only 1 defined term in the dictionary ('client'), with other terms imported from the parent Act","Straightforward prescriptive language ('must', 'must not') rather than complex regulatory frameworks","No delegated legislative powers or sub-delegation within the instrument itself","Recent addition of Part 3 (Child Safe Standards) adds minimal complexity—10 simple prescribed standards without operational detail"],"plain_english_summary":"This regulation empowers the ACT Human Rights Commission to enforce a binding Code of Conduct for all health service providers in the ACT (including unregistered practitioners) and mandatory Child Safe Standards for organisations working with children. It sets minimum standards for safe, ethical care, consent, honest practice and record-keeping, and gives the Commission investigative and prohibition powers to stop unsafe, exploitative, or harmful practices and protect patients and children."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation originally set out a health care worker code of conduct under the Human Rights Commission Act; it was later expanded by the Human Rights Commission (Child Safe Standards) Amendment Act 2024 (A2024‑22) to add Part 3 prescribing child safe standards. That amendment broadened the regulation’s scope to include organisation-level child safety requirements in addition to individual practitioner obligations."},"complexity_factors":["Large number of specific professional duties (competence, consent, advertising, infection control, record keeping, insurance, reporting) across sections 8–24","Cross-references to multiple external Acts (Public Health Act 1997; Health Records (Privacy and Access) Act 1997; Information Privacy Act 2014; Privacy Act 1988)","Prescription of corresponding interstate laws and orders (s 5–6) creating interjurisdictional linkages","Operational requirements (display of code, complaint-access information, timely transfer of records) that impose administrative and systems costs","Reporting obligations (tell the commission about colleagues who put clients at serious risk) that create duty-to-report decisions","Interaction between clinical judgement and legal standards (many duties qualified by ‘reasonable grounds’ or professional advice)","Amendment history and staged commencement (parts commenced on different dates) increasing implementation complexity","Presence of child safe standards (Part 3) expanding scope to organisational governance and procedures"],"plain_english_summary":"This regulation prescribes a code of conduct for health care workers in the ACT—setting duties on competence, consent, truthful claims, infection control, records, insurance, reporting colleagues and displaying complaint information—and prescribes child safe standards for organisations working with children. It creates enforceable obligations that require professionals and organisations to change procedures, training and record systems, and to bear compliance costs; the Commission is the reporting recipient and regulators decide on follow‑up."}},"importantCases":[],"_links":{"self":"/api/acts/human-rights-commission-regulation-2023","history":"/api/acts/human-rights-commission-regulation-2023/history","analysis":"/api/acts/human-rights-commission-regulation-2023/analysis","conflicts":"/api/acts/human-rights-commission-regulation-2023/conflicts","importantCases":"/api/acts/human-rights-commission-regulation-2023/important-cases","documents":"/api/acts/human-rights-commission-regulation-2023/documents"}}