Laws to better protect Tasmanians using cosmetic, massage, fitness, wellness and other alternative or general health services are still being looked at, five years after the government first considered them.
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While adoption of the national code of conduct for unregistered health workers could provide better regulatory protections, legislation to adopt the code in Tasmania has not yet been proclaimed.
This has left gaps in current state laws that put the public at risk.
For example, Tasmania's health watchdog cannot stop unregistered health workers disbarred by regulators from practising in Victoria, New South Wales, Queensland and New South Wales from working in Tasmania.
Massage therapists who have or are facing rape allegations, and life or wellness coaches offering alternative health services with inappropriate touching or fraudulent practice complaints against their names could potentially work in this state.
In addition to this, Tasmanians wanting to complain about health services not recognised under current state laws, for example cosmetic or wellness services, cannot go to the state's health complaints watchdog for assistance.
This situation continues despite repeated calls from Tasmania's Ombudsman and Health Complaints Commissioner Richard Connock to take action on the "extremely high" public risk.
"When the Code is implemented and we are properly resourced, we would be able to issue prohibition orders in appropriate cases to prevent the continuation of potentially dangerous practices," Mr Connock said.
Minister asked when national code will operate
A Department of Justice spokesperson said it continues to work with the ombudsman to support commencement of the legislation.
"Further work is required by the Office of the Health Complaints Commissioner to scope the expected workload in this state and ensure that the office has the necessary expertise and resources to undertake its functions in accordance with the code," they said.
In previous annual reports, Mr Connock has explained that adoption of the code could result in a high number of complaints, adding to workload strains resulting from the watchdog's current resources.
He has complained about a "historical underfunding" of his office, and called for a review of the Health Complaints Act.
"I remain concerned that, without additional resources and funding, we will not be able to perform this new function adequately," he said.
