Non-registered health service providers

The South Australian Code of Conduct for Certain Health Care Workers applies to all health workers who are:

  • not required to be registered under the Health Practitioner Regulation National Law (South Australia)  through the National Registration Scheme overseen by  Australian Health Practitioner Regulation Agency (AHPRA); or
  • registered under the Health Practitioner Regulation National Law (South Australia) but providing services that are unrelated to their registration.

This can include:

  • audiologists, naturopaths, dieticians, speech pathologists, homeopaths, counsellors, massage therapists, doulas, alternative therapists, and other providers of general health services
  • health practitioners whose registration has been suspended or cancelled by AHPRA and who seek to practice in an area which does not require registration
  • registered health practitioners who also provide health services that are unrelated to their registration; for example, a physiotherapist who provides Reiki therapy.

The role of the Health and Community Services Complaint Commissioner (HCSCC)

The Code of Conduct for Certain Health Care Workers is made under the Health and Community Services Complaints Regulations 2019.

The Office for the HCSCC website provides resources for service providers and consumers. Complaints about non-registered service providers can be made to the HCSCC.

Purpose and requirements of the Code of Conduct for Certain Health Care Workers

The Code of Conduct sets standards for non-registered providers and promotes safety and quality in health services not covered by AHPRA.

Under the Code of Conduct health care workers must:

  • Provide services in a safe and ethical manner (Item 3 of the Code of Conduct).
  • Obtain appropriate informed consent (Item 4 of the Code of Conduct).
  • Not attempt to dissuade a client from seeking or continuing medical treatment (Item 5 of the Code of Conduct).
  • Report concerns about the treatment provided by other health care workers to the HCSCC (Item 6 of the Code of Conduct).
  • Take appropriate action in response to adverse events (Item 7 of the Code of Conduct).
  • Adopt standard precautions for infection control (Item 8 of the Code of Conduct).
  • Avoid transmitting infectious medical conditions to clients (Item 9 of the Code of Conduct).
  • Not make claims to cure (or alleviate symptoms without evidence) cancer or other terminal illnesses (Item 10 of the Code of Conduct).
  • Not engage in any form of misinformation or misrepresentation in relation to products, efficacy of services, qualifications, skills, or affiliations including in promotional material (Item 11 of the Code of Conduct).
  • Not practice under the influence of alcohol or unlawful substances (Item 12 of the Code of Conduct).
  • Not provide care if suffering from a physical or mental impairment, condition, or disorder that may place a client at risk of harm (Item 13 of the Code of Conduct).
  • Not financially exploit clients including accepting or offering inducements or gifts as part of client referral programs (Item 14 of the Code of Conduct).
  • Not engage in sexual misconduct including engaging in behaviour or relationships of a sexual or close personal, physical or emotional nature with a client (Item 15 of the Code of Conduct).
  • Comply with relevant privacy laws (Item 16 of the Code of Conduct).
  • Keep and securely maintain appropriate records and facilitate client access if requested (Item 17 of the Code of Conduct).
  • Ensure indemnity insurance arrangements are in place (Item 18 of the Code of Conduct).
  • Display and/or make available the Code of Conduct and document giving information about how to make a complaint to the HCSCC (Item 19 of the Code of Conduct).

Breaches of the Code of Conduct

  • Complaints can be made to the HCSCC.
  • The HCSCC may make a prohibition order if a health service provider is found to have breached the Code of Conduct following an investigation.
  • A prohibition order is made when the HCSCC is of the opinion the health practitioner poses an unacceptable risk to the public.
  • An order may prohibit a health practitioner from providing health services, or specified health services, for a specified period of time or permanently. An interim order may also be made.

Displaying the Code of Conduct

In addition to complying with the Code of Conduct, practitioners are required to display:

  • a copy of a plain English version of the Code of Conduct
  • information about how a complaint may be made to the HCSCC
  • evidence of a relevant qualification held by the health practitioner.

The requirement to display this material does not apply to any of the following premises:

Contact

Governance Advisory Services
SA Health

Email: HealthPolicyLegislation@sa.gov.au