Public Health Act 2010 No 127
Current version for 21 October 2014 to date (accessed 22 December 2014 at 20:12)
Part 7Division 2Section 100

100   Codes of conduct for unregistered health practitioners

(cf 1991 Act, s 10AM)

(1)  The regulations may prescribe codes of conduct for the provision of health services by:
(a)  health practitioners who are not subject to the scheme for registration under the Health Practitioner Regulation National Law (including de-registered health practitioners), and
(b)  health practitioners who are registered under the Health Practitioner Regulation National Law for the provision of health services and who provide health services that are unrelated to their registration.
(2)  Before a code of conduct is prescribed, the Minister is to:
(a)  give public notice of the code in a form and manner determined by the Minister, specifying where the code can be inspected and the time and manner in which submissions may be made, and
(b)  place the code and an impact assessment statement for the code on public exhibition for not less than 21 days, and
(c)  consider any submission received within 21 days (or such longer period as the Minister may determine) after the end of that exhibition period.
Note. Section 41A of the Health Care Complaints Act 1993 permits the Health Care Complaints Commission to make a prohibition order in respect of a health practitioner if the Commission finds that the health practitioner has breached the code of conduct and poses a substantial risk to the health of members of the public. The Commission is also able to cause a public statement to be issued in such circumstances identifying and giving warnings about the health practitioner.
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