Health Insurance (Requirements for Allied Health Professionals) Determination 2004

Legislation au C2004L06644 Not in force Legislative Instrument

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Health Insurance (Requirements for Allied Health Professionals) Determination 2004

I, TONY ABBOTT, Minister for Health and Ageing, make this Determination under subregulation 3A (2) of the Health Insurance Regulations 1975.

Dated 24 June 2004

TONY ABBOTT

Minister for Health and Ageing

Contents

 1 Name of Determination 

 2 Commencement 

 3 Interpretation 

 4 Purpose of Determination 

 5 Aboriginal health workers 

 6 Audiologists 

 7 Dietitians 

 8 Mental health workers 

 9 Occupational therapists 

 10 Podiatrists 

 11 Speech pathologists 

 

 

 

1 Name of Determination

  This Determination is the Health Insurance (Requirements for Allied Health Professionals) Determination 2004.

2 Commencement

  This Determination commences on the date of its notification in the Gazette.

3 Interpretation

 (1) In this Determination:

Act mean the Health Insurance Act 1973.

Regulations means the Health Insurance Regulations 1975.

State includes Territory.

 (2) A reference in this Determination to a kind of service is a reference to the health service of that kind mentioned in the table in subregulation 3A (1) of the Regulations.

4 Purpose of Determination

  For subregulation 3A (2) of the Regulations, this Determination specifies additional requirements that must be met by certain persons who provide health services of the kind mentioned in the table in subregulation 3A (1) of the Regulations.

Note   A person who provides a health service of a kind mentioned in the table in subregulation 3A (1) of the Regulations, and meets the applicable requirements in subregulation 3A (2) of the Regulations and in this Determination, is an allied health professional in relation to the provision of that kind of service.

5 Aboriginal health workers

  For paragraph 3A (2) (c) of the Regulations, a person who provides an Aboriginal or Torres Strait Islander health service in a State other than the Northern Territory must have been awarded a Certificate Level III (or higher) in Aboriginal and Torres Strait Islander Health by a registered training organisation that meets training standards set by the Australian National Training Authority’s Australian Quality Training Framework.

Note   An Aboriginal health worker who provides an Aboriginal or Torres Strait Islander health service in the Northern Territory must be registered under the Health Practitioners Act 2004 (NT).

6 Audiologists

  For subparagraph 3A (2) (b) (ii) of the Regulations, a person who provides an audiology service must:

 (a) be a Full Member of the Audiological Society of Australia and hold a Certificate of Clinical Practice issued by that Society; or

 (b) be an Ordinary Member — Audiologist, or a Fellow Audiologist, of the Australian College of Audiology.

7 Dietitians

 (1) For paragraph 3A (2) (c) of the Regulations, a person who provides a dietetics service must be an Accredited Practising Dietitian.

 (2) In this section:

accredited means accredited by the Dietitians Association of Australia.

8 Mental health workers

 (1) For the applicable provision of subregulation 3A (2) of the Regulations, this section specifies the requirements for a person who provides a mental health service.

 (2) If the person is an Aboriginal health worker, the person must meet the requirements specified by section 5.

 (3) If the person is a mental health nurse, the person must:

 (a) in the case of a person who provides a mental health service in Tasmania or the Australian Capital Territory — be registered as a mental health nurse under a law of Tasmania or the Australian Capital Territory, as the case requires; and

 (b) in any other case — be a credentialled mental health nurse, as certified by the Australian and New Zealand College of Mental Health Nurses.

 (4) If the person is an occupational therapist, the person must meet the requirements specified by section 9.

 (5) If the person is a psychologist, the person must be registered with a Board established under a law of a State that registers psychologists in that State.

 (6) If the person is a social worker, the person must:

 (a) be a Member of the Australian Association of Social Workers; and

 (b) be certified by that Association as meeting the standards for mental health set out in the document published by that Association entitled ‘Standards for Mental Health Social Workers 1999’.

9 Occupational therapists

  For subparagraph 3A (2) (b) (ii) of the Regulations, a person who provides an occupational therapy service in New South Wales, Victoria, Tasmania or the Australian Capital Territory must be a Full-time Member, or a Part-time Member, of OT Australia.

Note 1   OT Australia is the national body of the Australian Association of Occupational Therapists.

Note 2   An occupational therapist who provides an occupational therapy service in Queensland, Western Australia, South Australia or the Northern Territory must be registered as a person who may provide that kind of service under the applicable law in force in the State in which the service is provided.

10 Podiatrists

  For paragraph 3A (2) (c) of the Regulations, a person who provides a podiatry service in the Northern Territory must:

 (a) be a Full Member of the Australian Podiatry Association in a State other than the Northern Territory; or

 (b) be registered under a law of a State other than the Northern Territory to provide podiatry services.

Note   A podiatrist who provides a podiatry service in a State other than the Northern Territory must be registered as a person who may provide that kind of service under the applicable law in force in the State in which the service is provided.

11 Speech pathologists

  For subparagraph 3A (2) (b) (ii) of the Regulations, a person who provides a speech pathology service in a State other than Queensland must be a Practising Member of Speech Pathology Australia.

Note   A speech pathologist who provides a speech pathology service in Queensland must be registered as a person who may provide that kind of service under the applicable law in force in Queensland.

 

Overview

The Health Insurance (Requirements for Allied Health Professionals) Determination 2004, enacted by Tony Abbott, Minister for Health and Ageing, under subregulation 3A(2) of the Health Insurance Regulations 1975, aims to specify additional qualifications and requirements that allied health professionals must meet to provide certain health services. The Determination addresses the gap in the existing legislative framework by providing detailed, specific requirements for various allied health professionals, ensuring that they meet nationally recognised standards. The policy objective is to maintain high professional standards and ensure that allied health professionals are adequately qualified to provide health services, thereby safeguarding public health and ensuring quality care. This legislative instrument was issued to provide clarity and uniformity in the qualifications required for allied health professionals across different states and territories in Australia.

Scope and Application

The Health Insurance (Requirements for Allied Health Professionals) Determination 2004 applies to specific allied health professionals providing designated health services in Australia, setting out additional requirements for their registration and qualifications. The Determination specifies the necessary qualifications and memberships for professionals in various fields, including Aboriginal health workers, audiologists, dietitians, mental health workers, occupational therapists, podiatrists, and speech pathologists. Each profession has distinct requirements based on the state or territory in which the service is provided. The Determination ensures that these professionals meet specified standards set by relevant professional bodies and regulatory authorities. Notably, the Determination excludes certain professionals such as those practising in the Northern Territory who must adhere to different state-specific regulations. The scope of the Determination is comprehensive, covering all states and territories in Australia, and it is enforced under the Health Insurance Act 1973 and the Health Insurance Regulations 1975. The application of this Determination is subject to the broader legislative framework and may be extended or restricted through subordinate instruments as necessary.

Key Provisions

The Health Insurance (Requirements for Allied Health Professionals) Determination 2004 (C2004L06644) provides specific requirements for allied health professionals offering various health services under the Health Insurance Act 1973. This determination, effective from its commencement date as notified in the Gazette, aims to specify additional requirements for professionals offering certain health services. For example, section 5 states that Aboriginal health workers providing Aboriginal or Torres Strait Islander health services in states other than the Northern Territory must hold a Certificate Level III or higher in Aboriginal and Torres Strait Islander Health. Similarly, section 6 outlines that audiologists must either be a Full Member of the Audiological Society of Australia with a Certificate of Clinical Practice or be an Ordinary or Fellow Audiologist of the Australian College of Audiology. This legislation imposes specific obligations on the allied health professionals it governs. For instance, section 7 specifies that dietetics service providers must be Accredited Practising Dietitians accredited by the Dietitians Association of Australia. Section 8 provides that mental health workers must meet varied requirements depending on their specific role. For example, mental health nurses must be registered under relevant state laws if they are in Tasmania or the Australian Capital Territory, or they must be credentialled by the Australian and New Zealand College of Mental Health Nurses. Occupational therapists must be members of OT Australia in certain states, while in others, they must be registered under applicable state laws. Section 10 details that podiatrists in the Northern Territory must either be Full Members of the Australian Podiatry Association or be registered under state laws. Finally, section 11 states that speech pathologists in states other than Queensland must be Practising Members of Speech Pathology Australia. The determination also outlines potential consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences are not explicitly stated in the text, it is clear that failing to meet the specified requirements would render a professional ineligible to be considered an allied health professional in relation to the provision of their designated health service. This ineligibility could have significant implications for their professional standing and ability to provide certain health services under the Health Insurance Act 1973.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.