REGULATORY REPORT
Regulation Update
Chantel Ryan
New Public Health Regulation ( NSW )
As ATMS previously reported to our NSW members , the NSW Government released the Public Health Regulation 2022 ( Regulation ) which came into effect on 1 September 2022 . The Regulation carries over many of the provisions in Public Health Regulation 2012 while also including a range of new provisions . Of most importance to ATMS members is the release of an updated code of conduct for non-registered health practitioners ( Practitioner Code ). The Practitioner Code has been in place since 2012 and is now updated for 2022 , containing mostly minor changes . A new code of conduct for Health Organisations ( New Code ) has also been established and is similar to the updated Practitioner Code . The New Code will affect ATMS-accredited members who own or manage a health clinic that comes under the definition of ‘ health organisation ’ under the Regulation .
One new requirement of the updated Practitioner Code and the New Code is that all practitioners and health organisations must display a copy of the relevant code and a notice of how clients can make complaints to the HCCC , at the premises where the practitioner carries out their practice ; at the premises where health services are provided ; or on the website of the practitioner or organisation . For copies of both codes , and both complaint notices required to be displayed , see https :// www . health . nsw . gov . au / phact / Pages / code-ofconduct . aspx
Amendments to the National Law and Health Ombudsman Act 2013 ( Qld )
On 21 October a new Act was passed by the Queensland Government , The Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 . This Act amends the Health Practitioner
Regulation National Law ( National Law ) and makes related amendments to the Health Ombudsman Act 2013 ( Qld ). The National Law is not a law of the Commonwealth but rather an example of co-operative federalism where States and Territories enact similar legislation to achieve a common purpose . Queensland is the lead jurisdiction for the National Law , and with the passing of this Act changes made to the Health Practitioner Regulation National Law Act 2009 ( Qld ) by this Act are likely to cascade through to all other States and Territories .
Some of the key amendments include :
• Refocusing the guiding principle of the National Law - the Act makes ‘ protection of the public and public confidence in the safety of services provided by registered health practitioners ’ paramount considerations . The Act will require public confidence in the safety of services to be front and centre in all decisions and actions taken under the National Law ( over and above public health and safety ).
• Making public statements about health practitioners – under the Act , health regulators can issue public statements about health practitioners who are the subject of investigations or disciplinary proceedings , and whose conduct the regulator considers poses a serious risk to public health and safety . These statements can be made where there has been no formal finding of misconduct , which has the potential to cause reputational damage to practitioners . The decision to issue a public statement will be reviewable by a tribunal .
• Allowing regulators a discretion not to refer disciplinary matters to a tribunal – regulators may choose not to refer matters to a tribunal if they determine there is no public interest in doing so . Decisions not to refer practitioners to a tribunal must be disclosed in AHPRA ’ s annual report ;
• Increasing the maximum penalties for certain offences ; and
• Expanding the number of entities to which regulators can provide information about finalised disciplinary proceedings .
The Act did not pass without some controversy . Before it was passed , key interested bodies such as the Australian Dental Association Queensland , The Royal Australian College of General Practitioners , the Australian Medical Association , and the Insurance Council of Australia made submissions regarding the amendments , with notable objections to some of the provisions . A summary of these submissions ( including some of the objections ) as they relate to the amendments ( now passed ) are contained in Report No . 21 , 57th Parliament Health and Environment Committee Report Dated July 2022 and available here : https :// documents . parliament . qld . gov . au / tableoffice / tabledpapers / 2022 / 5722T961-D73B . pdf
The Explanatory Notes to the Bill issued by the Queensland Government are also available on the Queensland Government Website and provide explanation of the amendments : https :// www . legislation . qld . gov . au / view / pdf / bill . first . exp / bill-2021-039 .
All ATMS members should make themselves familiar with these amendments , particularly registered practitioners , as these amendments affect the way they are registered and disciplined by national regulatory bodies . Some of the provisions also apply to unregistered practitioners , as the Health Ombudsman Act governs both registered and unregistered practitioners .
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