Australian Legislation Update

Australian Hypnosis Legislation Update

Whilst the Australian Capital Territory and the Northern Territory have never had hypnosis regulation, in 1998 the state of Victoria quite rightly de-regulated hypnosis. New South Wales has long allowed self-regulation, which is responsibly and fairly guided by associations comprised mostly of professional clinicians, who freely devote much time and input to ensure high industry standards.

• South Australia - The South Australian Government Review of Psychological Practices Act 1973, in terms of Competition Principles Draft Report of the Review Panel, dated October 1998, recommended that all references to hypnosis, principally Section 39, be deleted from the Act. This was supposed to happen NO LATER than June 2005, however the South Australian Government has dragged its heels and is now in breach of an agreement made in 1995 between the Federal Government and all State Governments who had regulations regarding the practice of hypnosis, that they would remove all controls over hypnosis from their relevant Psychology Acts. The South Australian Government as at 1st June 2006 has been in breach of this agreement for twelve months and could face penalties from the Federal Government in excess of $80 million.

• Tasmania - Proposed Tasmanian Legislation to replace the aging, Psychology Registration Act, will not have any restriction on Hypnosis as a therapeutic practice. Minister for Health Office November 1998.
• The recent Australian Health Minister’s Advisory Council (AHMAC) decision on this issue is that the ‘regulation on Hypnosis, as an occupational group is not warranted at this time.’
• Queensland - The Queensland preferred position that existing controls within the Psychologists Act 1977 over the practice of Hypnosis be repealed as recommended in the Draft Policy Paper September 1996. In accordance with these recommendations the practice of hypnosis in Queensland was de-regulated in May 2002.
• Western Australia - The regulations governing the practice of hypnosis and restricting it to Doctors, Dentists and Psychologists, or other approved persons were changed by the Western Australian Government on the 12th of December 2005, and the relevant Psychologists Act in WA was amended in April 2006 removing all previous controlling restrictions.
• New South Wales - The NSW decision was not to regulate Hypnosis and the debate appears in Hansard 6797, 19 April 1989.
• Northern Territory - The Northern Territory and ACT have never legislated to regulate hypnosis and have no intention to do so.
• Victoria - The Victorian deregulation was legislated in 1998 when the Psychologists Registration Act 1967, relating to Hypnosis regulation, ceased to have effect from 1 January 1998.
• There was a 1993 federal government decision to rescind the National Health and Medical Research Council 1983 Report “Hypnosis in Clinical Practice”.