Health and Community Services Complaints (Miscellaneous) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:43): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill will amend the Health and Community Services Complaints Act 2004 (the Act) to enable the National Code of Conduct for Health Care Workers (National Code), agreed to by the Council of Australian Government's Health Council to be implemented. Currently the regulations under the Act include the Code of Conduct for Unregistered Health Practitioners and the Act enables prohibition orders to be made if the code is breached and, in the opinion of the Commissioner, making the order is necessary to protect the health or safety of the public.

The National Code is based on the South Australian Code which is already in the regulations under the Act. This Bill makes some changes to the Act so that the Commissioner is able to enforce orders made in other jurisdictions. Orders made in South Australia can be enforced in other states and territories where corresponding legislation is in place.

The Bill enables a volunteer to become the subject of proceedings under the Act. Currently section 9(4) of the Act specifies that volunteers should not unnecessarily be involved in proceedings under the Act. The intent of this section is that when complaints against health services are being investigated and remedied volunteers should not be involved. Because Division 5 of the Act – Action against unregistered health practitioners – is concerned with protecting the public from harm rather than the making and resolution of complaints against health and community service providers, which the remainder of the Act deals with, it is made explicit that volunteers may be subject to action being taken under this Division.

The amendment of section 77 of the Act is to enable the Commissioner to obtain information from professional and other associations such as the Australian Association of Social Workers or the Australian Register of Naturopaths and Herbalists about practitioners where there are concerns. These bodies often play a disciplinary role in regard to members and may have information which the Commissioner needs in order to meet the threshold for making an order.

A further change to Act has arisen from the Commissioner's experience with making orders under the Act. This change arose from a case where, despite being subject to a prohibition order the person concerned continued to offer services to the public, potentially accepting payment for their future provision. The Crown Solicitor's Office advised that if the Commissioner wished to prohibit a person from 'offering' services then a change to the Act was necessary. This Bill amends sections 56(B) and 56(C) to prevent a person on an interim or final order offering to provide services, advertising services, holding themselves out or promoting themselves as a provider of health services or providing advice in relation to the provision of health services.

Once the Act is amended the National Code of Conduct for Health Care Workers will replace the Code of Conduct for Unregistered Health Practitioners in the regulations. The National Code refines and extends some of the provisions of the current Code however their content is similar.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Health and Community Services Complaints Act 2004

4—Amendment of section 4—Interpretation

This clause inserts a definition of corresponding law consequential to inserted section 56EA in clause 9 and also deletes reference to the ceased Occupational Therapy Practice Act 2005.

5—Amendment of section 25—Grounds on which a complaint may be made

This clause amends section 25 to provide that a volunteer may be required to participate in proceedings under the Act and may be the subject of the exercise of power under Part 6 Division 2 if, in the circumstances, a code of conduct under section 56A(1) applies in respect of the volunteer and the Commissioner is satisfied that conduct of the volunteer poses or has posed a risk to the health or safety of members of the public.

6—Amendment of section 56B—Interim action

This clause makes a number of amendments to section 56B of the Act to—

(a) provide that an order of the Commissioner under the section may, in addition to prohibiting a person from providing health services (as is currently the case), prohibit a person (for a period of 12 weeks or shorter period as may be specified)—

(i) from offering, advertising or otherwise promoting health services or specified health services; and

(ii) from holding themselves out or otherwise promoting themselves as a provider of health services or specified health services; and

(iii) from providing advice in relation to the provision of health services or specified health services; and

(b) provide that the Commissioner, in taking interim action, may publish a public statement, in a manner determined by the Commissioner, identifying a person and giving warnings or such other information as the Commissioner considers appropriate in relation to the health services, or specified health services, provided by the person; and

(c) clarify and simplify the operation of the section.

7—Amendment of section 56C—Commissioner may take action

This clause makes a number of amendments to section 56C of the Act to—

(a) provide that an order of the Commissioner under the section may, in addition to prohibiting a person from providing health services for a specified period or indefinitely (as is currently the case), prohibit a person (for a specified period or indefinitely) from—

(i) from offering, advertising or otherwise promoting health services or specified health services; and

(ii) from holding themselves out or otherwise promoting themselves as a provider of health services or specified health services; and

(iii) from providing advice in relation to the provision of health services or specified health services.

(b) clarify and simplify the operation of the section.

8—Amendment of section 56D—Commissioner to provide details

This amendment is consequential to clause 6 and clause 7.

9—Insertion of section 56EA

This clause inserts new section 56EA to provide that a person commits an offence if—

(a) an interstate order is in force in respect of the person; and

(b) the person engages in conduct in this State that would constitute a contravention of the interstate order if it occurred in the jurisdiction in which the order is in force.

The regulations will prescribe the interstate orders under corresponding laws to which this section will apply. The maximum penalty for the offence will be $10,000 or imprisonment for 2 years or both.

10—Amendment of section 75—Preservation of confidentiality

This clause amends section 75 of the Act to provide an exception to the prohibition on recording, disclosing or using confidential information gained through involvement in the administration of the Act in circumstances where it is necessary for the purposes of a corresponding law.

11—Amendment of section 77—Returns by registration authorities and prescribed bodies

This clause amends section 77 of the Act to provide that additional bodies prescribed by the regulations must provide returns required by the Commissioner under the section as is currently the case for registration authorities.

Debate adjourned on motion of Hon. T.J. Stephens.