AUSTRALIAN REGISTER OF HOMOEOPATHS LTD
 
 
 
 

Other Health Complaint Organisations

BACKGROUND

Health Practitioner Regulation National Law

This law, often referred to as the “National Law” is enacted in every state and territory.  It was initially enacted after 2008 as a drive to create a single, national scheme for registered health professionals. This created a registration scheme, National Registration and Accreditation Scheme (NRAS), implemented in 2010 to administer the National Law.  The Australian Health Practitioner Regulation Agency (AHPRA) administers the registration scheme.

A table below shows the structure of the scheme and how it compares to administration of the National Code of Conduct and AROH.


Registered Health Professionals

Non-registered Health Professionals

AROH

Health Practitioner Regulation National Law

Health Practitioner Regulation National Law

Registration body for Homoeopaths, voluntary self-regulation

National Regulation and Accreditation Scheme (NRAS)

National Code of Conduct

Code of Professional Conduct

NRAS is overseen by COAG Health Council (CHC)

Administered by Health Complaint Entities (state and territory specific)

Administered by the AROH Board

NRAS is administered by Australian Health Practitioner Regulation Agency (AHPRA)

Regulate registrants to become recognised health providers for Health Funds.

Prohibition orders can be applied and recognised across states and territories. Investigations often undertaken by AHPRA, sometimes in conjunction with the relevant Health Complaint Entity (state and territory specific)

Prohibition orders can be applied and recognised across states and territories. Investigations undertaken by the relevant Health Complaint Entity (state and territory specific)

Cannot revoke registration of Homoeopaths

Registration can be revoked

Cannot apply prohibition orders on Homoeopaths.

Sets minimum qualifications for registration.

Investigations undertaken by Board appointed Professional Conduct Committee

The Health Complaint Entities are set up to resolve a complaint or dispute between a health service user (your client) and a health service provider (can be a clinic or a practitioner)

The Health Complaint Entities are set up to resolve a complaint or dispute between a health service user (your client) and a health service provider (can be a clinic or a practitioner)

AROH is set up to resolve a complaint against an individual health practitioner, where there is a perceived risk due to a breach of the Code of Professional Conduct or Standards of Practice


A National Code of Conduct was developed in 2014 and released for public consultation.  In 2015, the Health Ministers agreed to the first National Code of Conduct for health care workers not covered by the NRAS.  This is now being progressively enacted and implemented by states and territories. 

Prior to this agreement NSW (enacted 2007, commenced 2008), South Australia (enacted 2012, commenced 2013) and Qld (enacted 2013, commenced 2014) already had codes of conduct for unregistered health practitioners established, these continue to be in effect with amendments as required to align with the National Code of Conduct.

The National Code of Conduct is governed by differing health complaints entities in different states.

Find below a guide to the various governing bodies, legislations and processes that affect the unregistered health provider.  


Legislation & Governing Bodies


State/Territory

Legislation

Governing Body (Complaints Received, Assessed & Action Instigated)

Tribunal Body (Implement Prohibition Orders)

Commonwealth

Health Practitioner Regulation National Law Act (2009) National Health Practitioner Ombudsman and Privacy Commissioner

NSW

Health Practitioner Regulation National Law (NSW) No. 86a Health Care Complaints Commission (HCCC)

Administrative Decisions Tribunal of New South Wales

SA

Health Practitioner Regulation National Law (South Australia) Act 2010

Health and Community Services Complaints Act (2004)
Health and Community Services Complaints Commissioner (HCSCC)

Administrative and Disciplinary Division of the District Court of South Australia, The South Australian Health Practitioners Tribunal

Qld

Health Ombudsman Act 2013 Office of Health Ombudsman (OHO)

Queensland Civil and Administrative Tribunal

Vic

Health Complaints Act 2016 (Vic)

Health Complaints Commissioner

Victorian Civil and Administrative Tribunal

WA

Health Practitioner Regulation National Law (WA) Act 2010

Health and Disability Services (Complaints) Act 1995
Health and Disability Services Complaints Office (HaDSCO)

State Administrative Tribunal

ACT

Health Practitioner Regulation National Law (ACT) Act 2010

Human Rights Commission Act (1995)

ACT Human Rights Commission, Health Services Commissioner (HSC)

ACT Civil and Administrative Tribunal

NT

Health Practitioner Regulation (National Uniform Legislation) Act 2010

Health and Community Services Complaint Act
Health and Community Services Health Commission (HCSHC)

Local Court

Tas

Health Practitioner Regulation National Law (Tasmania) Act 2010

Health Complaints Act (1995)
Health Complaints Commissioner Tasmania (HCC (Tas))

Magistrates Court (Administrative Appeals Division)


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