Australian Capital Territory Numbered Acts

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 78

    (1)     Anyone who believes on reasonable grounds that a registered health professional is contravening, or has contravened, the required standard of practice, or does not satisfy the suitability to practise requirements, may report the health professional.

Examples of the people who may make a report

1     a member of the public

2     a member of a health profession

3     the Minister

4     a coroner

5     a registrar of a court

6     a police officer

7     a member of the office of the director of public prosecutions

Note 1     Complaints may also be made by a more restricted group of people under the Community and Health Services Complaints Act 1993 .

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     A health professional may make a report under subsection (1) despite any other Territory law.

    (3)     If a health professional makes a report under subsection (1)—

        (a)     making the report is not—

              (i)     a breach of confidence; or

              (ii)     a breach of professional etiquette; or

              (iii)     a breach of professional ethics; or

              (iv)     a breach of a rule of professional conduct; and

        (b)     no civil or criminal liability is incurred only because of the making of the report.

    (4)     Subsection (3) (b) does not apply to a report that the health professional knows is false or misleading.