Are lax protection laws making Tasmania a haven for health predators?

Interstate health complaint watchdogs have the power to ban unsafe workers from practice when sexual assault or other misconduct red flags have raised a threat to public safety.

These disbarred workers can work in Tasmania due to gaps in the state's unregistered health complaint laws that leave the public vulnerable to predators.

Tasmania's Health Complaints Commissioner Richard Connock has warned the government about this "extremely high" public risk for five years.

But the state government has failed to take action on lax laws, stalling on legislation and leaving the commissioner a toothless tiger.

Mr Connock said the commission only has the power to investigate complaints against health workers who provide a recognised health service, which includes massage therapists, naturopaths and dieticians.

He said he cannot ban these workers from practice, even if they are banned in other states.

"Even if something...[is] potentially serious or a threat to public safety, we currently cannot issue prohibition orders," he said.

The same lax laws may also impact anyone using unregistered health services that are not recognised by the state.

The commissioner cannot accept or investigate complaints about services or workers in the beauty and cosmetic, fitness, wellness and other alternative health industries, and cannot ban them.

This includes skin therapists, personal trainers, yoga instructors, life and wellness coaches and doulas.

All states that have adopted the national code for unregistered health professionals (the Code) give powers to their health complaint commissioners to keep the public safe.

Under the Code these watchdogs can investigate complaints, warn the public about individual health workers or health services, and ban workers from practice with prohibition orders if they see a serious risk to health and safety.

The Code was designed to protect the public and strengthen regulation of unregistered health services that fall outside professions managed by the Australian Health Practitioner Regulation Agency (AHPRA) such as doctors, registered nurses and psychologists.

It means unregistered health workers, such as massage therapists and counsellors, with allegations of rape, sexual assault and other misconduct made against them, can be automatically banned from practice.

These prohibition orders are shared between all states where the Code has been adopted, so a red flagged worker banned in Victoria may also be banned in Queensland, South Australia and New South Wales.

But the Code is not in operation in Tasmania.

This is despite legislation to adopt the Code passing in 2018

Mr Connock said he has no powers to enforce prohibition orders made in other states against unsafe health workers, and cannot take any action against workers providing health services not recognised in current state laws.

This is despite "more" interstate prohibition orders being brought to his attention.

Mr Connock has raised the issue in the last five annual reports.

"The Tasmanian legislation to implement the Code had passed through Parliament but has not yet been proclaimed. This situation has not changed," Mr Connock said in the most recent report.

"Discussion with my interstate colleagues indicates that the risk to the public in the states and territories which do not yet operate under a Code of Conduct is extremely high," he wrote in an earlier report.

"While most health care workers do provide safe and ethical healthcare there is a small cohort, who, while they remain unregulated, pose a significant risk to public health and safety."

Proclamation occurs when the governor has given royal assent and this has been published in the government gazette.