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).
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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
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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
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Australian Capital Territory
Human Rights Commission
Regulation 2023
made under the
Human Rights Commission Act 2005
Part 1 Preliminary
Section 1
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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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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(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
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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
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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
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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
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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