Human Rights Commission Regulation 2023 (ACT)

This regulation (Human Rights Commission Regulation 2023) prescribes a code of conduct for health care workers and prescribes child safe standards for organisations within the scope of the Human Rights Commission Act 2005 (the Act). Mechanically, it does three principal things.

First, Part 2 (sections 4-24) sets out a prescriptive, largely operational code of conduct for health care workers. The regulation defines who is a “client” for the code (s 4), identifies corresponding interstate health complaints statutes and certain interstate orders as relevant for the Act’s division 5.3 (ss 5-6), and then lists affirmative duties and prohibitions that apply to any health care worker (ss 8-24). Duties cover competence and safe and ethical practice (s 8), the requirement to obtain client consent on reasonable grounds (s 9), prohibitions on claiming cures for cancer or terminal illness without substantiation (s 10), obligations about truthful communication (ss 11-12), prohibitions on financial and sexual exploitation (ss 13-14), duties to mitigate harm and control infection (ss 15-16), clinical management of transmissible conditions and impairment (ss 17, 19), privacy and records obligations (ss 20-21), indemnity insurance (s 22), a duty to report serious risks posed by other health care workers to the commission (s 23), and a duty to display the code and complaint information at premises (s 24).

Second, Part 3 (section 25) formally prescribes the child safe standards that are to be taken as the standards required by the Act (s 94V). The regulation lists ten enumerated standards concerning leadership and governance, participation of children, family and community engagement, equity, suitability and support of personnel, complaint processes, training, physical and online environment controls, review and improvement, and documentation of policies and procedures (s 25(a)-(j)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Human Rights Commission Regulation 2023 SL2023-16 made under the Human Rights Commission Act 2005 Republication No 2 Effective: 1 August 2024 Republication date: 1 August 2024 Last amendment made by A2024-22

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Human Rights Commission Regulation 2023, made under the Human Rights Commission Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 August 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 August 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Human Rights Commission Regulation 2023 made under the Human Rights Commission Act 2005 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 3 Notes 2 Part 2 Code of conduct for health care workers— Act, s 94C 4 Meaning of client—pt 2 3 5 Prescribed corresponding law 3 6 Corresponding prohibition or condition orders 3 7 Application of code of conduct 4

Contents Page contents 2 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Health care worker must provide safe and ethical health service 4 9 Health care worker must have client consent 5 10 Health care worker must not claim to cure cancer or terminal illness 5 11 Health care worker must not misinform 6 12 Health care worker must provide accurate advice 6 13 Health care worker must not exploit client—financial misconduct 7 14 Health care worker must not exploit client—sexual misconduct 7 15 Health care worker must mitigate harm 8 16 Health care worker must control infection 8 17 Health care worker with transmissible condition 9 18 Health care worker under influence of intoxicating or unlawful substance 9 19 Health care worker with impairment etc 10 20 Health care worker must comply with privacy laws 10 21 Health care worker must keep records 10 22 Health care worker must have insurance 11 23 Health care worker must report concern about conduct of other health care worker 11 24 Health care worker must display code and other information 11 Part 3 Child safe standards 25 Child safe standards—Act, s 94V 12 Dictionary 13 Endnotes 1 About the endnotes 14 2 Abbreviation key 14 3 Legislation history 15 4 Amendment history 15 5 Earlier republications 16

R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Human Rights Commission Regulation 2023 made under the Human Rights Commission Act 2005

Part 1 Preliminary Section 1 page 2 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Human Rights Commission Regulation 2023. 2 Dictionary 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)). 3 Notes 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.

Code of conduct for health care workers—Act, s 94C Part 2 Section 4 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Code of conduct for health care workers—Act, s 94C 4 Meaning of client—pt 2 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. 5 Prescribed corresponding law For the Act, division 5.3 (Health care worker code of conduct), the following laws are prescribed: (a) the Health and Community Services Complaints Act 2004 (SA); (b) the Health and Disability Services (Complaints) Act 1995 (WA); (c) the Health Care Complaints Act 1993 (NSW); (d) the Health Complaints Act 2016 (Vic); (e) 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). 6 Corresponding prohibition or condition orders For the Act, division 5.3 (Health care worker code of conduct), the following orders are prescribed: (a) an order under the Health and Community Services Complaints Act 2004 (SA), section 56B (Interim action) or section 56C (Commissioner may take action); (b) an order under the Health and Disability Services (Complaints) Act 1995 (WA), part 3D, division 1 (Interim prohibition orders) or division 2 (Prohibition orders);

Part 2 Code of conduct for health care workers—Act, s 94C Section 7 page 4 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an order under the Health Care Complaints Act 1993 (NSW), section 41AA (Interim protection orders) or section 41A (Prohibition orders and public statements); (d) an order under the Health Complaints Act 2016 (Vic), part 8, division 1 (Interim prohibition orders) or division 2 (Prohibition orders); (e) an order under the Health Ombudsman Act 2013 (Qld), part 7, division 2 (Interim prohibition orders) or part 8A (Prohibition orders). 7 Application of code of conduct This code applies to a health care worker. 8 Health care worker must provide safe and ethical health service (1) A health care worker must provide a health service in a safe and ethical way. (2) Without limiting subsection (1), a health care worker must— (a) be competent to provide the health service; and (b) have the experience, training and qualification required to provide the health service; and (c) only prescribe or recommend a treatment or appliance to a client that the health care worker believes serves the needs of the client; and (d) recognise the limit of the treatment the health care worker can provide; and (e) if appropriate, refer a client to another competent health service; and

Code of conduct for health care workers—Act, s 94C Part 2 Section 9 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) if appropriate, recommend a client seek another opinion or health service; and (g) if required and practicable, assist a client to find another appropriate health service; and (h) encourage a client to tell the client’s treating doctor (if any) about the health service being provided by the health care worker; and (i) provide a health service in a manner that is sensitive to the cultural needs of a client; and (j) 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. 9 Health care worker must have client consent 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. 10 Health care worker must not claim to cure cancer or terminal illness (1) A health care worker must not claim to be qualified, able or willing to cure cancer or another terminal illness. (2) 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.

Part 2 Code of conduct for health care workers—Act, s 94C Section 11 page 6 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Health care worker must not misinform (1) 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 (2) The health care worker must not— (a) give false, misleading or deceptive information about, or otherwise misrepresent, any of the following: (i) a health service the health care worker provides; (ii) the health care worker’s competence to provide a health service; (iii) the health care worker’s experience, training and qualification in relation to providing a health service; (iv) the health care worker’s professional affiliation; (v) the health care worker’s ability to provide treatment; or (b) make a claim about the efficacy of a health service if the claim cannot be substantiated. 12 Health care worker must provide accurate advice (1) This section applies to advice a health care worker gives a client in relation to a health service provided to the client. (2) The health care worker must— (a) allow the client to make an informed choice in relation to the health service, and other health services; and (b) not attempt to dissuade the client from seeking or continuing medical treatment; and

Code of conduct for health care workers—Act, s 94C Part 2 Section 13 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) communicate and co-operate with colleagues, other health service providers and relevant entities in the best interests of a client. (3) 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. 13 Health care worker must not exploit client—financial misconduct (1) A health care worker must not financially exploit a client. (2) Without limiting subsection (1), a health care worker must— (a) only provide a health service to a client that is designed to maintain or improve the client’s health or wellbeing; and (b) not accept or offer financial inducements or gifts in relation to a client referral arrangement with another health care worker; and (c) not ask a client to give, lend or bequeath money or gifts that will benefit the health care worker directly or indirectly. 14 Health care worker must not exploit client—sexual misconduct (1) A health care worker must not engage in behaviour of a sexual or other inappropriate close personal nature with a client. (2) A health care worker must not engage in a sexual or other close personal, physical or emotional relationship with a client. (3) A health care worker must ensure there is a reasonable period after the health care worker stops providing a health service to a client before starting a sexual or close personal relationship with the former client.

Part 2 Code of conduct for health care workers—Act, s 94C Section 15 page 8 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Health care worker must mitigate harm (1) If an adverse event occurs in connection with providing a health service to a client, a health care worker must take appropriate and timely measures to minimise harm to the client. (2) Without limiting subsection (1), a health care worker must, as soon as practicable after the adverse event occurs— (a) tell the client about the adverse event; and (b) for a serious adverse event—obtain appropriate emergency assistance; and (c) take steps to reduce the risk of a similar adverse event occurring; and (d) report the adverse event to any relevant authority. (3) A health care worker must ensure that appropriate first aid is available to deal with any adverse event. 16 Health care worker must control infection (1) A health care worker must take reasonable precautions for the control of infection in the course of providing a health service. (2) Without limiting subsection (1), a health care worker who carries out skin penetration or another invasive procedure must comply with the Public Health Act 1997, including the following: (a) any declaration made under that Act, section 18 (Public health risk activities and procedures—declaration); (b) any code about infection control made under that Act, section 133 (Codes of practice).

Code of conduct for health care workers—Act, s 94C Part 2 Section 17 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Health care worker with transmissible condition (1) This section applies if a health care worker is diagnosed with a medical condition that has a risk of transmission to a client of the health care worker. (2) The health care worker must— (a) seek advice from a health practitioner about how to avoid transmitting the condition to a client; and (b) provide a health service in a way that does not transmit the condition. 18 Health care worker under influence of intoxicating or unlawful substance (1) A health care worker must not provide a health service while under the influence of an intoxicating or unlawful substance. (2) A health care worker may provide a health service while under the influence of a medicine if— (a) the health care worker follows the advice of the prescribing health practitioner or dispensing pharmacist about the impact of the medicine on the health care worker’s ability to provide a health service; and (b) the health care worker’s capacity to provide the service is not impaired. (3) In this section: medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.

Part 2 Code of conduct for health care workers—Act, s 94C Section 19 page 10 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Health care worker with impairment etc (1) This section applies if a health care worker has a physical or mental impairment, disability, condition or disorder (including an addiction). (2) The health care worker must— (a) ask a relevant health practitioner to determine whether and how the health care worker should modify, suspend or end the provision of the health service to minimise the risk of harm to a client; and (b) follow the advice of the health practitioner. 20 Health care worker must comply with privacy laws A health care worker must comply with privacy laws that apply to a client’s health information, including— (a) the Health Records (Privacy and Access) Act 1997; and (b) the Information Privacy Act 2014; and (c) the Privacy Act 1988 (Cwlth). 21 Health care worker must keep records (1) This section applies if it is reasonably likely that information about the provision of a health service to a client by a health care worker will be relevant to the ongoing health or wellbeing of the client after the health service is provided. (2) The health care worker must— (a) make accurate, legible and up-to-date records in relation to the health service provided to the client; and (b) keep the record secure; and (c) prevent unauthorised access to the record; and

Code of conduct for health care workers—Act, s 94C Part 2 Section 22 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if a client asks for information in a record about the client—give the client access to the information; and (e) if a client or the client’s legal representative asks for the transfer of a record about the client—transfer the record in a timely manner. 22 Health care worker must have insurance A health care worker must have appropriate indemnity insurance arrangements in relation to the health care worker’s practice. 23 Health care worker must report concern about conduct of other health care worker A health care worker must tell the commission if the health care worker believes on reasonable grounds that another health care worker has put a client at serious risk of harm. 24 Health care worker must display code and other information A health care worker must make the following easily visible and accessible at all premises where the health care worker provides a health service: (a) the code of conduct; (b) information about how a client may make a complaint to the commission.

Part 3 Child safe standards Section 25 page 12 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Child safe standards 25 Child safe standards—Act, s 94V The following standards are prescribed: (a) child safety and wellbeing is embedded in organisational leadership, governance and culture; (b) children and young people are informed about their rights, participate in decisions affecting them and are taken seriously; (c) families and communities are informed and involved in promoting child safety and wellbeing; (d) equity is upheld and diverse needs are respected in policy and practice; (e) people working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice; (f) processes to respond to complaints and concerns are child focused; (g) staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training; (h) physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed; (i) an organisation’s implementation of the child safe standards is regularly reviewed and improved; (j) an organisation’s policies and procedures document how the organisation is safe for children and young people.

Dictionary R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • health practitioner • may (see s 146) • must (see s 146) • person (see s 160). Note 2 Terms used in this regulation have the same meaning that they have in the Human Rights Commission Act 2005. For example, the following terms are defined in the Human Rights Commission Act 2005, dict: • child safe standards • code of conduct • commission • complaint • health care worker • health service (see s 7) • relevant professional body. client, of a health care worker, for part 2 (Code of conduct for health care workers—Act, s 94C)—see section 4.

Endnotes 1 About the endnotes page 14 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R2 01/08/24 Human Rights Commission Regulation 2023 Effective: 01/08/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was made as part of the Human Rights Commission Amendment Act 2023 (see A2023-29, s 4 and sch 1) and is taken to have been made under the Human Rights Commission Act 2005 A2005-40 (see A2023-29, s 4 (1)). Human Rights Commission Regulation 2023 SL2023-16 taken to have been notified LR 7 July 2023 (A2023-29 s 4 (2) (a)) s 1 commenced 7 July 2023 (LA s 75 (1)) s 5 (b), s 6 (b) commenced 7 January 2024 (A2023-29 s 4 (3) and LA s 79) remainder commenced 7 January 2024 (A2023-29 s 4 (2) (b)) as amended by Human Rights Commission (Child Safe Standards) Amendment Act 2024 A2024-22 pt 3 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) pt 3 commenced 1 August 2024 (s 2 (a)) 4 Amendment history Child safe standards pt 3 hdg ins A2024-22 s 9 Child safe standards—Act, s 94V s 25 ins A2024-22 s 9 Dictionary dict am A2024-22 s 10

Endnotes 5 Earlier republications page 16 Human Rights Commission Regulation 2023 Effective: 01/08/24 R2 01/08/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 7 Jan 2024 7 Jan 2024– 31 July 2024 not amended new regulation © Australian Capital Territory 2024

The regulation organises around a small set of legal and normative concepts. Understanding them is necessary to apply the text.

Health care worker and client. The code applies to “a health care worker” (s 7). The term “client” of a health care worker is defined for Part 2 as an individual to whom a health service is provided or offered by the health care worker (s 4). The Dictionary notes that terms used in the regulation have the same meaning as in the Human Rights Commission Act 2005 (Dictionary), so readers must cross-check the Act for the detailed statutory definitions of “health care worker”, “health service”, “commission”, “code of conduct” and similar terms.
Prescribed corresponding laws and orders. Sections 5 and 6 expressly prescribe certain interstate health complaints statutes and particular orders under those statutes as “corresponding” for the Act’s division 5.3. The laws listed are South Australia, Western Australia, New South Wales, Victoria and Queensland Acts (s 5(a)-(e)). Section 6 identifies interim and prohibition orders under those statutes (for example, Health Care Complaints Act 1993 (NSW) ss 41AA and 41A). Mechanically, this ties interstate regulatory instruments into the Act’s framework for the code of conduct.
Substance of the code. The code is operational and behaviour-focussed. It contains competence and safety obligations (s 8), consent (s 9), truthfulness about outcomes and efficacy (ss 10-12), obligations to allow informed choice and co-operate with other providers (s 12), explicit prohibitions on financial exploitation and sexual misconduct (ss 13-14), requirements to mitigate and report adverse events and to ensure first aid (s 15), infection control (s 16) and handling of transmissible conditions (s 17), prohibitions on providing services while impaired by intoxicants but conditional carve-outs for prescribed medicines (s 18), management of impairments and addictions (s 19), privacy compliance (s 20), records obligations and timely transfer and access (s 21), duty to hold appropriate indemnity insurance (s 22), and a duty to report colleagues who put clients at serious risk (s 23).
Child safe standards. Section 25 prescribes ten specified standards that organisations must meet under the Act’s child safe standards provision (s 94V of the Act). The standards are expressed as governance, participatory and operational controls (s 25(a)-(j)). They are expressed at a high level (for example, “children and young people are informed about their rights” (s 25(b))) rather than with prescriptive procedures.
Cross-references to other laws. The code expressly incorporates duties or compliance expectations with other statutory regimes. For infection control, the regulation refers to the Public Health Act 1997 and any declarations or codes made under it (s 16(2)(a)-(b)). For privacy, s 20 lists three Acts. For the term “medicine” in s 18, the regulation directs to the Medicines, Poisons and Therapeutic Goods Act 2008, s 11.
Display and complaint access. Section 24 requires that at all premises where the health care worker provides a health service the code of conduct and information about how to complain to the commission must be made easily visible and accessible.

Conceptually, the regulation is a compliance and governance instrument that delegates content for professional behaviour to the regulation rather than leaving it solely to professional bodies. It links to existing public health and privacy frameworks and incorporates interstate enforcement artefacts by prescription. The practical legal effect is to create a uniform set of minimum conduct obligations for health care workers within the jurisdiction, and to set out child safe standards for organisations to follow under the Act.

The regulation directly affects several discrete groups and indirectly affects others through operational and market effects.

Primary subjects: health care workers. The code in Part 2 applies to “a health care worker” (s 7). The regulation’s Dictionary notes that terms used have the same meaning as in the Human Rights Commission Act 2005 (Dictionary). Practitioners must therefore check the Act for the statutory definition of “health care worker” to identify the precise scope. The immediate operational requirements are placed on the individual practitioner: competence, consent, records, insurance, display obligations, reporting duties, infection control, and limitations on claims and conduct (ss 8-24).

Clients and patients. Individuals who receive or are offered a health service are “clients” for the Part 2 code (s 4). The regulation imposes duties that directly affect clients’ rights and choices: the requirement to obtain consent on reasonable grounds (s 9), duties to provide accurate information and allow informed choice (ss 11-12), access to records on request and timely transfer of records (s 21(d)-(e)), and a visible complaints pathway (s 24). Clients are the intended beneficiaries of most duties but must actively request access to records or rely on the complaint mechanism.

Health care businesses and premises. The duty to display the code and complaints information at all premises where a health service is provided is a premises-level obligation (s 24). Businesses hosting or directly employing health care workers will need to ensure visibility and accessibility. The child safe standards (s 25) are organisational standards and therefore affect agencies, charities, schools, health services and other entities that work with children and young people within the scope of the Act.

Professional and regulatory bodies. The regulation mentions “relevant professional body” in the Dictionary note and anticipates that health care workers may provide information to a professional body (s 11(1) example). Professional bodies may be affected because the regulation prescribes minimum standards that may be used by the Commission in complaint handling under division 5.3 of the Act (ss 5-6 and s 7 reference). The prescribed corresponding interstate Acts and orders (ss 5-6) mean that decisions and orders of interstate regulators are formally integrated into the Act’s framework for consideration.

Other health practitioners and service providers. Section 12(2)(c) obliges cooperation and communication with colleagues and other health service providers in the best interests of a client. This is a positive duty to cooperate and could affect referral networks and multidisciplinary team practices.

Insurers and indemnity providers. Section 22 requires that the health care worker must have appropriate indemnity insurance arrangements. Insurers therefore are stakeholders because the regulation creates or confirms an insurance requirement for practice.

The Commission and complaint handlers. The regulation imposes duties that the Commission is tasked with overseeing under the Act. For example, s 23 creates a reporting duty to the Commission where a practitioner believes another has put a client at serious risk of harm. The text directs complainants to the commission by mandating display of complaint information at premises (s 24).

Indirectly affected parties include allied businesses that provide training, infection-control supplies, recordkeeping and IT services, and organisations that will need to update policies and manuals to reflect the code and child safe standards. The child safe standards in s 25 impose obligations on organisations (leadership, training, complaint processes, documentation) which will have resource and operational impacts on organisations that work with children.

Geographic and jurisdictional scope. The regulation is an ACT (Australian Capital Territory) instrument and references the Human Rights Commission Act 2005. It prescribes interstate laws and interstate orders as “corresponding”, which integrates interstate regulatory outcomes with the Act’s division 5.3, but the primary legal obligations in the regulation apply within the ACT jurisdiction.

Who decides. Individual health care workers are legally required to comply with the listed duties, and the Commission is the statutory body through which complaints and reporting are channelled. The regulation prescribes what counts as acceptable behaviour; actual enforcement and sanctions would flow from the Act’s mechanisms and any corresponding orders, noting the regulation itself does not specify penalties.

The regulation sets out concrete duties and some rights (primarily for clients) that flow from the obligations. Below is an organised list of the main duties and client rights, with section references.

Duties of competence and clinical boundaries

Provide services in a safe and ethical way (s 8(1)).
Be competent, hold the necessary experience, training and qualifications required (s 8(2)(a)-(b)).
Prescribe or recommend treatments/appliances only when the worker believes they serve the client’s needs (s 8(2)(c)).
Recognise limits of treatment provision and refer where appropriate (s 8(2)(d)-(g)).
Encourage clients to inform their treating doctor if applicable (s 8(2)(h)).
Provide services sensitive to cultural needs (s 8(2)(i)).
Consider interactions with other services the client is receiving and advise on adverse interactions (s 8(2)(j)).

Consent and informed choice

Must be satisfied on reasonable grounds that the client consents before providing a health service (s 9).
Must allow the client to make an informed choice and not dissuade clients from seeking or continuing medical treatment (s 12(2)(a)-(b)).
Can advise that the service will not or will no longer benefit the client (s 12(3)).

Honesty in representation and advertising

Must not claim to be able to cure cancer or another terminal illness; may claim to treat or alleviate symptoms only if substantiated (s 10(1)-(2)).
Must not provide false, misleading or deceptive information about services, competence, experience, professional affiliation or ability to provide treatment (s 11(2)(a)(i)-(v)).
Must not make efficacy claims that cannot be substantiated (s 11(2)(b)).

Clinical safety, adverse events and infection control

Must take appropriate, timely measures to minimise harm from adverse events (s 15(1)); report serious adverse events to relevant authorities and obtain emergency assistance as needed (s 15(2)(b)-(d)).
Must ensure appropriate first aid is available (s 15(3)).
Must take reasonable precautions for infection control and, for skin penetration or other invasive procedures, comply with the Public Health Act 1997 and related declarations and codes (s 16(1)-(2)).

Transmissible conditions, impairment and substance use

If diagnosed with a transmissible condition, seek advice and practise in a way that does not transmit it (s 17(1)-(2)).
Must not provide health services while under the influence of intoxicating or unlawful substances (s 18(1)); an exception allows services while under prescribed medicine where the practitioner follows prescriber/pharmacist advice and is not impaired (s 18(2)(a)-(b)); medicine defined by the Medicines, Poisons and Therapeutic Goods Act 2008 (s 18(3)).
If the worker has an impairment or addiction, must ask a relevant health practitioner about modification, suspension or ending provision and follow that advice (s 19).

Financial and sexual misconduct prohibitions

Must not financially exploit a client; only provide services designed to maintain or improve health; must not accept or offer inducements for referrals; not ask clients to give, lend or bequeath money/gifts that would benefit the worker (s 13(1)-(2)(a)-(c)).
Must not engage in sexual or other inappropriate close personal behaviour with a client; must not begin sexual/close personal relationships with clients and must ensure a reasonable period after termination of services before starting such relationships (ss 14(1)-(3)).

Records, privacy and insurance

Must comply with applicable privacy laws: Health Records (Privacy and Access) Act 1997, Information Privacy Act 2014, Privacy Act 1988 (Cwlth) (s 20).
Must make accurate, legible, up-to-date records when reasonably likely to be relevant to ongoing health or well-being; keep records secure and prevent unauthorised access; give clients access to their information and transfer records in a timely manner on request (s 21(1)-(2)(a)-(e)).
Must have appropriate indemnity insurance arrangements in relation to practice (s 22).

Reporting and display obligations

Must tell the commission if they believe on reasonable grounds another health care worker has put a client at serious risk of harm (s 23).
Must make the code of conduct and information about how a client may make a complaint to the commission easily visible and accessible at all premises where services are provided (s 24).

Client rights and entitlements implicit in the regulation

Right to be informed and to give consent before services are provided (s 9; s 12(2)(a)).
Right to honest and substantiated information about expected outcomes and efficacy (ss 10-11).
Right to access health records and have them transferred (s 21(2)(d)-(e)).
Right to see complaint information and understand how to complain to the commission (s 24).

Procedural and interpretive points

Several obligations impose “reasonable” or “appropriate” standards (e.g. s 9, s 15(1), s 17(2)(a)) that require fact-sensitive determinations.
The regulation prescribes interstate Acts and orders as corresponding for the Act’s division 5.3 (ss 5-6), which may influence how the Commission treats interstate regulatory actions.

In short, the regulation converts a broad professional conduct expectation into a list of specific duties, prohibitions and procedural obligations directed at practitioners and organisations, while embedding cross-compliance with public health, privacy and medicines legislation.

The regulation itself contains no express penalty provisions attached to specific breaches of the code of conduct or child safe standards. The republication front matter records the value of a penalty unit at the republication date ($160 for an individual and $810 for a corporation, citing the Legislation Act 2001, s 133), but the regulation does not create standalone offences with statutory penalty units within its text.

Enforcement mechanics are therefore indirect and must be read against the Act. The regulation is made under the Human Rights Commission Act 2005 and is explicitly for the Act’s division 5.3 (Health care worker code of conduct) (see ss 5-6 and s 7). The Act will contain the Commission’s powers, complaint-handling processes, and potential orders (for example, prohibition or condition orders) relevant to contraventions of the code. The regulation references interstate orders as “corresponding” (s 6) which suggests a statutory mechanism by which interstate regulatory decisions are treated as relevant within the Act’s scheme.

Practical enforcement pathways and consequences that flow from the regulation text:

Complaint to the Commission. The regulation requires that information about making a complaint be displayed at premises (s 24). The primary enforcement pathway is a complaint process to the Commission under the Act, which can investigate and take action under division 5.3 (the regulation expressly applies to that division).
Reporting obligations. Section 23 imposes a mandatory reporting duty on health care workers to tell the commission if they believe on reasonable grounds another worker has put a client at serious risk of harm. This creates a channel for information flow to the regulator that may trigger investigation or action.
Corresponding interstate orders. Sections 5 and 6 prescribe certain interstate Acts and orders as corresponding. Mechanically, this means that interim or prohibition orders under specified interstate statutes are to be recognised as relevant in the Act’s scheme; the Commission may take such orders into account in deciding to act under division 5.3.
Regulatory remedies likely lie in the Act. While the regulation does not state penalties, the Act contains the Commission’s powers to make orders and take actions; readers must consult the Human Rights Commission Act 2005 for the specific enforcement tools, including whether the Commission may make prohibition orders, apply conditions, make public statements or refer matters to other regulators.

Unspecified elements and enforcement risk

No express civil or criminal penalties in the regulation text. The absence of directly stated penalties in this instrument means that sanctions for breaches depend on the Act’s enforcement provisions or other laws invoked (for example, consumer law for misleading claims).
Administrative discretion. The Commission’s exercise of powers under the Act (not included in the regulation text) will determine how breaches are processed and what remedial or punitive measures are applied.
Interaction with other regulators. Because the regulation references the Public Health Act 1997 and privacy regimes (s 16(2), s 20), breaches involving infection control or privacy may also engage other regulators with their own enforcement regimes, potentially resulting in parallel enforcement tracks.

For practical purposes, compliance and risk assessment should not rely on the regulation alone for enforcement consequences. Health care workers and organisations should map the regulation against the Human Rights Commission Act 2005 to identify the specific remedial powers and penalties the Commission can apply, and against other statutes (public health, privacy, health complaints Acts) that may impose parallel or overlapping enforcement mechanisms.

The regulation is intentionally interlinked with several other statutory instruments. The text makes multiple express cross-references that change the compliance landscape by incorporating or relying upon external legal regimes.

References to the Human Rights Commission Act 2005

The regulation is made under the Human Rights Commission Act 2005 and is designed to implement division 5.3 (Health care worker code of conduct) and s 94V (child safe standards) of the Act. Sections 5 and 6 explicitly say “For the Act, division 5.3 … the following laws are prescribed” (s 5) and “For the Act, division 5.3 … the following orders are prescribed” (s 6). This indicates the regulation supplies content that the Act’s division uses for investigation, orders and responses.

Cross-incorporation of interstate health complaints mechanisms

Sections 5-6 prescribe specific interstate Acts and particular orders under them as corresponding for the purposes of the Act’s division 5.3. The states and Acts listed are:
- Health and Community Services Complaints Act 2004 (SA) (s 5(a));
- Health and Disability Services (Complaints) Act 1995 (WA) (s 5(b));
- Health Care Complaints Act 1993 (NSW) (s 5(c));
- Health Complaints Act 2016 (Vic) (s 5(d));
- Health Ombudsman Act 2013 (Qld) (s 5(e)).
Section 6 prescribes particular orders under those Acts (interim and prohibition orders). Mechanically, this means interstate regulatory orders can be treated as relevant to the ACT Commission’s processes and might prompt action under the Act’s division 5.3.

Public health and infection control

Section 16(2) requires practitioners who carry out skin penetration or other invasive procedures to comply with the Public Health Act 1997, including declarations under s 18 and any codes about infection control made under s 133 of that Act. This imports statutory infection-control standards and any subordinate codes or declarations made under the Public Health Act into practitioners’ obligations pursuant to the regulation.

Privacy laws

Section 20 directs compliance with multiple privacy regimes: the Health Records (Privacy and Access) Act 1997 (ACT), the Information Privacy Act 2014 (ACT), and the Commonwealth Privacy Act 1988. This means practitioners must navigate both territory and federal privacy requirements when handling client health information.

Medicines and intoxicants

Section 18(3) defines “medicine” by reference to the Medicines, Poisons and Therapeutic Goods Act 2008, s 11. The carve-out in s 18(2) permitting practitioners to provide services while under prescribed medicines hinges on compliance with advice of prescribers/pharmacists and unimpaired capacity.

Interaction with professional licencing and consumer laws

The regulation prohibits misleading statements and unsubstantiated claims (ss 10-11). These obligations can overlap with professional registration boards’ codes and with consumer protection laws (e.g., misleading and deceptive conduct standards) though the regulation does not itself reference consumer law. Practitioners must therefore be alert to concurrent obligations under professional registration statutes and consumer protection frameworks when making claims about efficacy or outcomes.

Records and transfer obligations

Section 21 imposes recordkeeping duties, access and transfer obligations. These duties interact with privacy legislation cited in s 20 and with any professional standards on recordkeeping.

Interplay and potential duplication

Because the regulation imports standards from the Public Health Act, privacy Acts and interstate health complaints Acts, there is potential for overlapping or repeat compliance obligations. Practitioners should map the regulation’s duties against their professional registration requirements and obligations from other applicable Acts to avoid compliance gaps and to identify the most prescriptive or demanding rule.

Jurisdictional scope and recognition of interstate orders

By prescribing interstate orders as corresponding (s 6), the ACT regulation establishes a vehicle for interstate regulatory actions to influence ACT regulatory decisions under the Act. The specific legal effect (for example, whether an interstate prohibition order automatically triggers action in the ACT or whether it is merely admissible evidence to the Commission) depends on the text of the Act and its division 5.3, which must be consulted in conjunction with this regulation.

In short, the regulation does not stand alone. It is statutory content that hooks into multiple other instruments: the Human Rights Commission Act 2005 for enforcement; the Public Health Act 1997 for infection control; privacy legislation for information handling; the Medicines, Poisons and Therapeutic Goods Act 2008 for the definition of medicine; and certain interstate health complaints Acts and orders. Practitioners must therefore treat compliance as a multi-act exercise rather than a single-regulation checklist.

The regulation’s endnotes record its legislative origin and subsequent amendment. The republication includes the legislative history and amendment history which give the key dates and amending instruments.

Origination and initial commencement

The regulation was made as part of the Human Rights Commission Amendment Act 2023 (A2023-29). The regulation is taken to have been made under the Human Rights Commission Act 2005 (A2005-40), and the instrument SL2023-16 is recorded as taken to have been notified LR 7 July 2023 (A2023-29 s 4(2)(a)). Section 1 commenced 7 July 2023 (Legislation Act s 75(1)). The initial regulation is described as a “new regulation” in the earlier republication notes (Endnotes, Legislation history; Earlier republications).

Staged commencements

Some provisions had staged commencement. Sections 5(b) and 6(b) commenced 7 January 2024 (A2023-29 s 4(3) and LA s 79), with the remainder commencing 7 January 2024 (A2023-29 s 4(2)(b)). These staggered commencement dates indicate that certain prescribed corresponding elements became operative later than other parts of the regulation.

Child safe standards amendment (2024)

The regulation was amended by the Human Rights Commission (Child Safe Standards) Amendment Act 2024 (A2024-22), notified LR 24 May 2024. Under that amending Act, s 1 and s 2 commenced 24 May 2024 (LA s 75(1)), and Part 3 of the regulation (which contains s 25 prescribing child safe standards) commenced 1 August 2024 (s 2(a) of A2024-22). The amendment history notes specific insertions: Part 3 heading and s 25 inserted by A2024-22 s 9, and Dictionary amendments by A2024-22 s 10.

Republication history

The republished law is annotated with republication details: Republication No 1 was effective 7 Jan 2024; the current republication No 2 is effective 1 Aug 2024 and reflects amendments up to A2024-22 (Endnotes 3-5).

What the amendment history indicates functionally

The code and the child safe standards were introduced in discrete legislative steps: the main code via the 2023 Amendment Act and the child safe standards added by the 2024 Amendment Act. The staged commencement of certain corresponding-law provisions suggests policy or administrative sequencing , for example, allowing time for reciprocal recognition arrangements or to align operational processes.

Practical implications for compliance

Organisations and practitioners must note the commencement dates: obligations in Parts 2 and 3 became effective at different times (Part 2 commencement in January 2024; Part 3 effective August 2024 per the amendment). For recordkeeping and training, the separate commencement dates mean that child-safe requirements should have been fully in force from 1 August 2024.

Readers should consult the Act and the legislative instruments cited in the endnotes for full detail on commencement and the scope of each amendment. The endnotes in the republication provide the formal legislative trail needed to verify dates of effect and the amending Acts.

The regulation as republished contains no citations to case law and the endnotes do not record any litigation history. The instrument is an administrative regulation prescribing conduct and standards; the republished text and endnotes do not identify any judicial or tribunal decisions that have construed the regulation or the code it prescribes.

Practical consequences of the absence of litigation history in the text

There is no binding judicial interpretation of the regulation recorded in the republication. This means that, for now, the legal duties and their operational meaning rely on the plain text and on interpretive provisions in the Legislation Act and the Human Rights Commission Act 2005, rather than on decided cases applying the regulation.
Parties should expect early litigation or tribunal review to focus on interpreting “reasonable grounds”, what constitutes “appropriate” measures to mitigate harm, the scope of the duty to report colleagues (s 23), the threshold for sexual or close personal misconduct post-termination (s 14(3)), and the interplay between the regulation and the Act’s powers under division 5.3.
Where the regulation cross-refers to other statutes (for infection control, privacy, interstate orders), litigation could arise in instances of overlapping obligations, particularly where a practitioner faces action under multiple regimes.

How to track potential or future litigation

Monitor decisions of the ACT Civil and Administrative Tribunal, local courts, and the ACT Human Rights Commission for early administrative determinations. Also monitor interstate health complaints bodies identified in ss 5-6 because their orders are prescribed as corresponding and may influence ACT decisions.
Keep an eye on policy or guidance material issued by the Commission, which is likely to be influential in shaping how obligations (for example, the display requirement in s 24 or the indemnity insurance obligation in s 22) are applied in practice.

Because the regulation lacks litigation history in the text, practitioners and advisers should be prepared for interpretive uncertainty in the short term and plan compliance conservatively to reduce exposure while administrative guidance and precedent develop.

The regulation contains several drafting choices and operational obligations that can create compliance traps if not interpreted and implemented carefully. These are not legal judgments; they are text-based operational risks to be managed.

“Reasonable grounds” and “appropriate” are repeated but undefined

Sections such as s 9 (consent), s 15(1) (mitigate harm), s 17(2)(a) (seek advice about transmissible conditions) and s 23 (reporting another health care worker on reasonable grounds) use evaluative standards , “reasonable” and “appropriate” , without further statutory definition. These standards are fact-sensitive and will require organisations to define internal policies about evidence, documentation and thresholds for action to avoid inconsistent application.

Overlap with other regulatory duties and professional codes

The regulation imports duties under the Public Health Act 1997 (s 16(2)), privacy Acts (s 20) and references definitions in other statutes (s 18(3)). Practitioners must understand not only the regulation but also the content of these other Acts. Failure to map these duties can lead to duplication, overlooked obligations or inconsistent practices across regimes.

Reporting duty to the commission

Section 23 requires reporting to the commission if a practitioner believes on reasonable grounds that another health care worker has put a client at serious risk of harm. This creates a mandatory reporting expectation that may conflict with workplace norms or supervisory chains. Practitioners should document the basis for reports carefully; uncertainty about thresholds may lead to either under-reporting (risk to clients) or over-reporting (false-positive complaints), each of which has organisational consequences.

Display obligation is premises-specific

Section 24 requires the code and complaint-information to be “easily visible and accessible at all premises where the health care worker provides a health service”. For practitioners working across multiple premises (clinics, hospitals, outreach sites, mobile services), this is a practical compliance burden that requires coordination with host organisations. The regulation does not specify format, size or language, leaving room for disputes about whether a display meets the “easily visible and accessible” standard.

Insurance requirement is individualised

Section 22 says “a health care worker must have appropriate indemnity insurance arrangements in relation to the health care worker’s practice.” The regulation does not define “appropriate”, leaving practitioners to determine sufficiency based on practice risk, employer coverage and professional registration requirements. Individuals practising in multiple roles or as contractors should audit their cover to ensure there is no gap between employer policies and the regulation’s requirement.

Records obligations include transfer and access obligations

Section 21 requires practitioners to give clients access to records and to transfer records on request “in a timely manner.” The regulation does not define “timely” or the process for fees or format. Practitioners should review how their recordkeeping systems (paper and electronic) support access and transfers, and ensure privacy law compliance (s 20). Failure to provide access or timely transfer can trigger complaints even if the clinical care was adequate.

Claims about curing cancer and terminal illness

Section 10 prohibits claims to be qualified, able or willing to cure cancer or another terminal illness. It allows claims to treat or alleviate symptoms only if substantiated. Practitioners using marketing or social media must audit all representations and ensure they can substantiate any efficacy claims to avoid complaints.

Sexual and close personal relationships

Sections 14(1)-(3) ban sexual or inappropriate close personal behaviour with a client and require a “reasonable period” after services stop before starting a sexual or close personal relationship. The “reasonable period” is undefined; employers and practitioners should set clear internal policies and cooling-off periods to mitigate ambiguity and risk.

Interstate orders and recognition

Sections 5-6 prescribe interstate statutes and orders as corresponding. Practitioners with interstate practice histories should be aware that an interstate prohibition or interim order (for example, a Queensland Health Ombudsman prohibition order) is prescribed as corresponding and therefore relevant under the ACT regime. The exact legal consequence of that correspondence depends on the Act’s division 5.3.

No explicit penalties in the regulation

The absence of express penalties within the regulation could create misperceptions that breaches are inconsequential. Enforcement relies on the Act and other regulators, which may take various administrative or disciplinary actions. Practitioners should not assume a lack of penalties.

Child safe standards are high-level

Section 25 prescribes child safe standards at a high level without procedural detail. Organisations must translate these standards into policies, training, recruitment screening and monitoring processes. The regulation imposes a substantive expectation but leaves the implementation details to organisations, which increases the compliance design burden and potential for inconsistent implementation.

In short, the “gotchas” are operational: undefined standards, premises-level display obligations, insurance sufficiency questions, record transfer timing, cross-jurisdictional effects of interstate orders, and the administrative burden of translating high-level child safe standards into operational policy. These are manageable with targeted policy work but require active attention.

Practical compliance requires a programme that maps the regulation’s obligations into operational policies, documentation, training, and monitoring. The following is a structured compliance checklist tied to specific sections to help practitioners, employers and compliance officers design and demonstrate compliance.

Confirm status and scope

Check whether you are a “health care worker” under the Human Rights Commission Act 2005 (Dictionary; s 2). If in doubt, obtain legal advice on whether the Act’s definition captures your role.
Identify the places and contexts where you provide health services so that premises-level obligations are understood (s 4; s 24).

Governance, policies and display

Create or update an accessible code of conduct document that copies or references the regulatory duties (ss 8-24) and ensure it is available at all premises in a clearly visible manner (s 24).
Ensure complaint pathway information for the ACT Human Rights Commission is displayed alongside the code (s 24). Maintain versions in relevant languages and accessible formats if your client base requires them.

Competence, training and record of qualifications

Maintain up-to-date records of qualifications, training and continuing professional development to satisfy competence obligations (s 8(2)(a)-(b)).
Document referral pathways and incident response protocols so you can show how and when you refer clients or recommend other opinions (s 8(2)(d)-(g)).

Consent procedures

Implement a consent policy and standard consent forms adapted to service type, ensuring that practitioners document that they were satisfied on reasonable grounds that consent was given before providing services (s 9). Retain signed consents or contemporaneous clinical notes.

Claims, marketing and communication controls

Audit all marketing materials, websites and social media to remove unsubstantiated claims, especially any language suggesting cure for cancer or terminal illness (s 10). Keep supporting evidence for any therapeutic claims for at least the period required under professional standards.
Train staff on not providing false or misleading information (s 11) and on the duty to allow informed choice and not dissuade continuation of medical treatment (s 12).

Clinical safety and adverse events

Implement an adverse event reporting and management procedure aligned with s 15: immediate client communication, emergency assistance for serious events, steps to prevent recurrence, and reporting to relevant authorities (s 15(2)(a)-(d)).
Ensure appropriate first aid resources and training are available where services are provided (s 15(3)).

Infection control

For invasive procedures, adopt and document compliance with the Public Health Act 1997’s declarations and any infection control codes (s 16(2)(a)-(b)). Maintain checklists and audit trails for sterilisation, PPE and infection prevention.

Managing transmissible conditions and impairment

Establish a process for clinicians to report if they have a transmissible condition and to obtain health practitioner advice; require documentation of advice and the measures taken to prevent transmission (s 17).
For impairment (including addiction), set a pathway for practitioners to seek a relevant health practitioner’s assessment and to implement advice about modifying or suspending services, with confidentiality safeguards (s 19).

Intoxicants and medicines

Prohibit provision of services while under the influence of illicit substances (s 18(1)).
If a practitioner is taking prescribed medicines, require documentary evidence of the prescriber/pharmacist advice about impact on practice and a contemporaneous assessment that capacity is not impaired (s 18(2)).

Financial and sexual misconduct controls

Put in writing explicit policies banning financial inducements for referrals, requesting gifts or bequests, and delineate what constitutes inappropriate financial relationships (s 13(2)(b)-(c)).
Draft clear policies on personal relationships with clients, including an organisational standard for a “reasonable period” post-treatment before any close personal relationship may develop; document reasons if exceptions arise (s 14(1)-(3)).

Privacy, records and access

Ensure recordkeeping policies meet s 21: accuracy, legibility, up-to-date status, security controls, prevention of unauthorised access, client access on request and timely transfer processes (s 21(2)(a)-(e)). Map these against the Health Records (Privacy and Access) Act 1997, the Information Privacy Act 2014 and the Commonwealth Privacy Act 1988 (s 20).
Define “timely” in policy (for example, within a specified number of business days) to avoid ambiguity when handling transfer requests.

Indemnity insurance

Verify that each health care worker holds appropriate indemnity insurance specific to their practice as required by s 22. Where practitioners are employees, confirm whether employer indemnity covers individual practice; where contractors, require proof of individual cover. Document evidence of insurance coverage.

Reporting concerns about colleagues

Create a clear internal reporting pathway that satisfies s 23’s duty to report to the commission where there are reasonable grounds to believe another worker put a client at serious risk. Provide staff training on what constitutes “serious risk” and how to document reasonable grounds.

Child safe standards implementation (organisational)

For organisations subject to s 25 standards, translate each standard into policies, recruitment and screening procedures, training modules, complaint response processes, environment checks, and monitoring and review cycles:
- Embed child safety in leadership and governance (s 25(a)).
- Ensure children and young people can participate and be informed about their rights (s 25(b)).
- Engage families and communities (s 25(c)).
- Incorporate equity and diversity measures in practice (s 25(d)).
- Screen and support people working with children (s 25(e)).
- Adopt child-focused complaint processes (s 25(f)).
- Provide ongoing education and training (s 25(g)).
- Manage physical and online environments (s 25(h)).
- Regularly review and improve implementation (s 25(i)).
- Document policies and procedures on child safety (s 25(j)).

Audit, evidence and recordkeeping

Keep an audit trail of all compliance activities (training attendance, displayed code signage, insurance certificates, consent forms, incident reports and transfers). Store evidence in a way that can be readily produced in a complaint or investigation.

Liaison with the Commission and other regulators

Establish contact and liaison arrangements with the ACT Human Rights Commission for guidance and to clarify expectations. Be prepared for possible referrals or parallel processes involving public health authorities or privacy regulators due to cross-references in the regulation.

Review and update

Periodically (at least annually) review policies for legal updates and changes in associated statutes (Public Health Act, privacy Acts, medicines Act) and for any Commission guidance or case law that interprets the regulation.

This compliance approach converts the regulation’s textual obligations into tangible organisational controls. Given the regulation’s use of qualitative standards , reasonable, appropriate, timely , prudent organisations should set conservative, documented internal benchmarks to reduce ambiguity and demonstrate compliance in any subsequent review or investigation.

Human Rights Commission Regulation 2023

Plain English Summary

Deep Dive

What it does

Current sections

Human Rights Commission Regulation 2023

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply