Commentary

Health Complaints Commissioner > Legislation > Commentary

This page provides links to the principal legislation which applies to the work of the Health Complaints Commissioner.

The first link is to the Act under which the Commissioner operates. This is the Health Complaints Act 1995.

Under this Act, the Commissioner is required to consult with health registration boards in relation to complaints against registered health practitioners. From 1 July 2010, Tasmania has participated in a national scheme for the registration of certain health professions. This scheme is administered by the Australian Health Professionals Regulation Agency (AHPRA), which supports ten national registration boards -

Chiropractic Board of Australia
Dental Board of Australia (dealing with dentists, dental therapists, dental hygienists, oral health therapists and dental prosthetists)
Medical Board of Australia
Nursing and Midwifery Board of Australia
Optometry Board of Australia
Osteopathy Board of Australia
Pharmacy Board of Australia
Physiotherapy Board of Australia
Podiatry Board of Australia
Psychology Board of Australia

The national scheme has arisen from the application in Tasmania of the Health Practitioner Regulation National Law Act 2009 of the Queensland Parliament. The implementation of the national scheme in Tasmania has involved two principal pieces of legislation - the Health Practitioner Regulation National Law (Tasmania) Act 2010 and the Health Practitioners Tribunal Act 2010.

There is one remaining State health registration board - the Medical Radiation Science Professionals Registration Board, created by the Medical Radiation Science Professionals Registration Act 2000.

Links to each of the Acts just mentioned are set out below.

Health Complaints Act 1995
This is the Act administered by the Health Complaints Commissioner, and under which complaints to the Commissioner are made.
Health Practitioner Regulation National Law Act 2009 (Qld)
This Act establishes a national registration and accreditation scheme for the regulation of health practitioners and the registration of students undertaking study to qualify for registration as a health practitioner. It also establishes the ten National Boards listed above.
Health Practitioners Regulation National Law (Tasmania) Act 2010
This Act regulates various health professionals in Tasmania, and applies the Health Practitioners Regulation National Law Act 2009 of Queensland as a law of the State.
Health Practitioners Tribunal Act 2010
This Act establishes the Health Practitioners Tribunal, to hear and decide matters arising in relation to Tasmanian health professionals registered under the national scheme.
Medical Radiation Science Professionals Registration Act 2000
This Act provides for the registration and regulation of medical radiation science professionals.