5. Implementation
Jurisdiction Regulator Status Prohibition Orders NSW
Victoria
Queensland
South Australia
ACT
Tasmania
Western Australia
Northern Territory
Health Care Complaints Commission( HCCC)
Health Complaints Commissioner
Office of the Health Ombudsman( OHO)
Health and Community Services Complaints Commissioner
Human Rights Commission
Health Complaints Commissioner
Health and Disability Services Complaints Office( HaDSCO)
Health and Community Services Complaints Commission
6. Complaints Pathway
Complaints about non-registered practitioners are handled under the National Code by state or territory health complaints entities. The process typically involves:
1. Receiving the complaint – lodged by a client, carer, or another practitioner.
2. Assessment – the regulator decides whether the complaint falls within its jurisdiction.
3. Investigation – gathering evidence, interviewing parties, and assessing compliance with the Code.
4. Decision – outcomes may include conciliation, recommendations for improvement, or prohibition orders.
For AHPRA-registered practitioners, complaints go to AHPRA and the relevant National Board.
For ATMS members, complaints may follow two pathways:
• Professional / ethical concerns: handled through the ATMS Complaints Committee, applying the ATMS Code of Conduct.
• Public safety concerns( e. g. boundary breaches, fraud, risk of harm): referred to the relevant state / territory health complaints entity or AHPRA.
This dual system ensures both professional accountability within ATMS and statutory accountability under law.
In force since 2008( aligned 2016)
In force since 2017
In force since 2015
In force since 2015
In force since 2016
Commenced 31 Dec 2024
Legislation passed 2021, commencement pending( Code not yet in force)
Adopted 2016. Not confirmed fully in force
HCCC Decisions
HCC Prohibition Orders
OHO Prohibition Orders
SA Prohibition Orders
ACT HRC Prohibition Orders
Tasmania Code
HaDSCO
NT HCSCC
7. Case Studies
Case Study 1 – NSW HCCC Prohibition Order A massage therapist in NSW was permanently prohibited from practice after repeatedly breaching professional boundaries with clients. The HCCC found this behaviour posed a serious risk to public safety and issued a public prohibition order.
🔗HCCC Decisions Learning for members: Even relatively“ low-level” boundary breaches can result in permanent prohibition from practice.
Case Study 2 – QLD OHO Misleading Claims A practitioner was prohibited from providing health services in Queensland after advertising unproven“ cancer cure” treatments. The OHO determined the advertising was false, misleading, and dangerous.
🔗OHO Prohibition Orders Learning for members: Making unsubstantiated claims about treatment outcomes breaches both the National Code and Australian Consumer Law.
8. ATMS Code of Conduct
The ATMS Members’ Code of Conduct applies to all members, regardless of whether they are in regulated or unregulated professions. It:
• Reflects the principles of the National Code.
• Emphasises professional boundaries, truth in advertising, client consent, and ethical practice.
• Provides additional guidance tailored to natural medicine practice.
• Ensures consistent professional standards across 20 + modalities.
9. Implications for Members
Non-registered practitioners: Must comply with the National Code where implemented and ATMS standards nationally.
Registered practitioners: Must comply with AHPRA requirements and ATMS standards.
All ATMS members: Are accountable to the ATMS Code of Conduct and must maintain professional indemnity insurance.
Failure to comply can result in:
• Loss of ATMS membership.
• Loss of health fund recognition.
• Legal penalties, including prohibition orders.
10. Compliance Checklist
✅ Display the National Code of Conduct in your clinic if practising in a state / territory where it is in force.
✅ Ensure your advertising is accurate, evidence-based, and not misleading.
✅ Maintain clear professional boundaries.
✅ Keep accurate, secure clinical records.
✅ Hold current professional indemnity insurance.
✅ Cooperate fully with any complaints investigation.
✅ Check whether you fall under AHPRA regulation and comply with those obligations if registered.
✅ Always represent your qualifications honestly and correctly.
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