Australian Capital Territory Consolidated Acts

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HEALTH PROFESSIONALS ACT 2004 - SECT 18

What is the required standard of practice?

    (1)     The "required standard of practice", for a health professional, is the exercise of professional judgment, knowledge, skill and conduct at a level that maintains public protection and safety.

Example

A doctor who falsifies research data would not be exercising professional conduct at a level that maintains public protection and safety.

Note     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 regulation may prescribe, but does not limit, what behaviour does and does not meet the required standard of practice.

Example

A registered health professional does something that the regulations do not deal with but that clearly demonstrates a lack of professional judgment. The health professional contravenes the required standard of practice.

    (3)     However, if a regulation prescribes something that is inconsistent with the health code under the Human Rights Commission Act 2005 , the regulation is ineffective to the extent of the inconsistency.



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