Codes of conduct

Health, disability and aged care services must be safe, high quality and based on evidence. In Australia, the National Regulation Scheme administered by Ahpra is complemented by three Code of Conduct regimes for the following groups of people:

• Health care workers who are not registered through the National Regulation Scheme;
• Disability care workers and providers; and
• Workers and providers delivering an aged care service.

A code of conduct is a set of standards which workers and service providers must meet. A service provider which breaches the provisions of the code and who poses a risk to the public may have conditions placed on its service and, if it poses an unacceptable risk to the public, can be prevented from providing that service.

Three Codes of Conduct which will apply in the NT are outlined on this page:

1. The proposed National Code of Conduct for health care workers who are not registered with a National Board;
2. The NDIS Code of Conduct; and
3. The Code of Conduct for Aged Care.

National Code of Conduct for health care workers

In 2015, the then Council of Australian Governments agreed to implement a National Code of Conduct for health care workers (National Code) PDF (1.1 MB) to be administered by the health complaints bodies in each state and territory. The National Code PDF (181.5 KB) sets out the minimum practice and ethical standards that unregistered health service providers must comply with and informs consumers what they can expect from practitioners.

Amongst other things, the National Code will require unregistered health care workers to:

• Provide services in a safe and ethical manner, including only providing care they are qualified to provide
• Ensure that they receive informed consent for their service
• Report concerns about the conduct of other workers regulated by the National Code
• Adopt standard precautions for infection control
• Not make claims to cure cancer or other terminal illnesses
• Not provide treatment while under the influence of alcohol or unlawful substances or if suffering from an impairment the places clients at any risk of harm
• Not financially exploit clients
• Not engage in sexual misconduct or improper personal relationships with a client
• Comply with relevant privacy laws
• Keep appropriate records
• Be covered by appropriate professional indemnity insurance, and
• Display the code clauses and information about how to make a complaint.

The National Code of Conduct for Unregistered Health Practitioners is not yet operating in the NT.

Who has to comply with the National Code of Conduct for Health Care Workers

The National Code applies to all unregistered health practitioners, defined as a person who provides a health service and who does not need to be registered with a registration authority in order to provide this service. This can include:

• Any health practitioner who is not within the ambit of Ahpra. This includes social workers, speech pathologists, dieticians, audiologists, sonographers, homeopaths and naturopaths.
• Health practitioners whose registration has been suspended or cancelled by Ahpra, and who seek to practice in an area which does not require registration
• Registered health practitioners who also provide health services that are unrelated to their registration, for example a physiotherapist who provides reiki therapy.

Breaches of the Code of Conduct

The Commissioner will have the power to make a prohibition order if:

• A practitioner is found to have breached the Code of Conduct following an investigation; and
• The Commissioner is of the opinion that the practitioner poses an unacceptable risk to the health or safety of members of the public.

The prohibition order may place conditions on practice or, if warranted, may prohibit a practitioner from providing specified services for a period of time or permanently. An interim order may be made if the Commission forms the view that immediate action is required to protect the public.

Status of the National Code in the NT

Each state and territory is responsible for implementing its own arrangement with respect to the National Code. It has already been implemented in Queensland, New South Wales, Victoria and South Australia. Legislation has been passed in Tasmania and Western Australia, and drafted but not yet passed in the ACT.

While an NT Consultation paper on the National Code was issued in 2018, the National Code has not yet been enacted in the NT. A link to the consultation paper and subsequent report can be found here PDF (738.9 KB).

NDIS Code of Conduct

The NDIS Code of Conduct applies to all service providers delivering an NDIS funded service. It is administered by the NDIS Quality and Safeguards Commission. The NDIS Code of Conduct sets out the following minimum standards for service providers:

1. Act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions.
2. Respect the privacy of people with disability.
3. Provide supports and services in a safe and competent manner, with care and skill.
4. Act with integrity, honesty and transparency.
5. Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability.
6. Take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability.
7. Take all reasonable steps to prevent and respond to sexual misconduct.

Further information for workers and providers who must comply with the NDIS Code of Conduct is available here.

Any person who believes that a worker or provider organisation has breached the NDIS Code of Conduct should contact the NDIS Quality and Safeguards Commission by phone on:

1800 035 544

Code of Conduct for Aged Care

The Code of Conduct for Aged Care applies to all workers and providers responsible for delivering an aged care service. It is administered by the Aged Care Quality and Safety Commission. The Code of Conduct for Aged Care, implemented in December 2022, is consistent with the NDIS Code of Conduct. It sets out the following minimum standards for service providers:

1. Act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions.
2. Act in a way that treats people with dignity and respect and values their diversity.
3. Act with respect for the privacy of people.
4. Provide care, supports and services in a safe and competent manner, with care and skill.
5. Act with integrity, honesty and transparency.
6. Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services.
7. Provide care, supports and services free from:
   1. all forms of violence, discrimination, exploitation, neglect and abuse, and
   2. sexual misconduct.
8. Take all reasonable steps to prevent and respond to:
   1. all forms of violence, discrimination, exploitation, neglect and abuse, and
   2. sexual misconduct

Further information for aged care consumers can be found here.

If you have a concern, you are encouraged to contact your service provider. Further information is also available from the Aged Care Quality and Safety Commission by phone on:

1800 951 822