5 General health service providers to take appropriate action in response to adverse events
(1) A general health service provider must take appropriate and timely measures to minimise harm to clients when an adverse event occurs in the course of providing treatment or care.
(2) Without limiting subclause (1), a general health service provider must—
(a) ensure that appropriate first aid is available to deal with any adverse event; and
(b) obtain appropriate emergency assistance in the event of any serious adverse event; and
(c) promptly disclose the adverse event to the client and take appropriate remedial steps to reduce the risk of recurrence; and
(d) report the adverse event to the relevant authority, where appropriate.
6 General health service providers to adopt standard precautions for infection control
(1) A general health service provider must adopt standard precautions for the control of infection in the course of providing treatment or care.
(2) Without limiting subclause (1), a general health service provider who carries out skin penetration or other invasive procedures must comply with the laws applying in Victoria.
7 General health service providers diagnosed with infectious medical conditions
(1) A general health service provider who has been diagnosed with a medical condition that can be passed on to clients must practise in a manner that does not put clients at risk.
(2) Without limiting subclause (1), a general health service provider 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 provider's practice to avoid the possibility of transmitting that condition to clients.
8 General health service providers not to make claims to cure certain serious illnesses
(1) A general health service provider must not claim or represent that the provider is qualified, able or willing to cure cancer or other terminal illnesses.
(2) A general health service provider who claims to be able to treat or alleviate the symptoms of cancer or other terminal illnesses must be able to substantiate such claims.
9 General health service providers not to misinform their clients
(1) A general health service provider must not engage in any form of misinformation or misrepresentation in relation to the products or services the provider provides or the qualifications, training or professional affiliations the provider holds.
(2) Without limiting subclause (1)—
(a) a general health service provider must not use the provider's possession of a particular qualification to mislead or deceive clients or the public as to the provider's competence in a field of practice or ability to provide treatment; and
(b) a general health service provider must provide truthful information as to the provider's qualifications, training or professional affiliations; and
(c) a general health service provider must not make claims either directly to clients or in advertising or promotional materials about the efficacy of treatment or services the provider provides if those claims cannot be substantiated.
10 General health service providers not to practise under the influence of alcohol or unlawful substances
(1) A general health service provider must not provide treatment or care to clients while under the influence of alcohol or unlawful substances.
(2) A general health service provider who is taking prescribed medication must obtain advice from the prescribing health practitioner or dispensing pharmacist on the impact of the medication on the provider's ability to practise and must refrain from treating or caring for clients in circumstances where the provider's capacity is or may be impaired.
11 General health service providers with certain mental or physical impairment
(1) A general health service provider must not provide treatment or care to clients while 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.
(2) Without limiting subclause (1), if a general health service provider has a mental or physical impairment that could place clients at risk, the general health service provider must seek advice from a suitably qualified health practitioner to determine whether, and in what ways, the provider should modify the provider's practice, including stopping practice if necessary.
12 General health service providers not to financially exploit clients
(1) A general health service provider must not financially exploit the provider's clients.
(2) Without limiting subclause (1)—
(a) a general health service provider must only provide services or treatments to clients that are designed to maintain or improve clients' health or wellbeing; and
(b) a general health service provider must not accept or offer financial inducements or gifts as a part of client referral arrangements with other health service providers; and
(c) a general health service provider must not ask clients to give, lend or bequeath money or gifts that will benefit the general health service provider directly or indirectly.
13 General health service providers not to engage in sexual misconduct
(1) A general health service provider must not engage in behaviour of a sexual or close personal nature with a client.
(2) A general health service provider must not engage in a sexual or other inappropriate close personal, physical or emotional relationship with a client.
(3) A general health service provider should 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.
14 General health service providers to comply with relevant privacy laws
A general health service provider must comply with the relevant privacy laws that apply to clients' health information, including—
(a) the Health Records Act 2001; and
(b) the Privacy and Data Protection Act 2014; and
(c) the Privacy Act 1988 of the Commonwealth.
15 General health service providers to keep appropriate records
(1) A general health service provider must maintain accurate, legible and up-to-date clinical records for each client consultation and ensure that these are held securely and not subject to unauthorised access.
(2) A general health service provider must take necessary steps to facilitate clients' access to information contained in their health records if requested.
(3) A general health service provider 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.
16 General health service providers to be covered by appropriate insurance
A general health service provider should ensure that appropriate indemnity insurance arrangements are in place in relation to the provider's practice.
17 General health service providers to provide access to code of conduct and other information
(1) A general health service provider must bring each of the following documents to the attention of, or make available a copy of each of the following documents to, the clients of the general health service provider when providing or offering to provide a general health service—
(a) a copy of this code of conduct;
(b) a document that gives information about the way in which clients may make a complaint to the Commissioner.
(2) Copies of these documents must be made available in a manner that makes them easily accessible to clients.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 10 February 2016
Legislative Council: 25 February 2016
The long title for the Bill for this Act was "A Bill for an Act to provide for a complaints process and other processes about health service provision and related matters, to establish the office of Health Complaints Commissioner and the Health Complaints Commissioner Advisory Council, to repeal the Health Services (Conciliation and Review) Act 1987, to make minor and consequential amendments to other Acts and for other purposes."
The Health Complaints Act 2016 was assented to on 3 May 2016 and came into operation on 1 February 2017: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Health Complaints Act 2016 by Acts and subordinate instruments.