QLD Student Dietitian - Can I Charge Money for Consultations?

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15 September 2014
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I am a near the end of my Dietetics degree and hoping to get some experience as a student. I am planning on charging a very low price for consultations and make it clear that I am just a STUDENT. Is this ok or do I need some kind of insurance under Australian Law? Or should I get the client to sign a form saying they are aware of the fact that I am a student?
 
S

Sophea

Guest
Hi Anonymous Anna,

Often legislations will dictate that members of certain occupation must be qualified and registered in order to practice. This often involves proving that they have the necessary skills as well as the necessary legal safeguards such as the relevant insurances. It does not appear there is any such law applying to dietitians or nutritionists.

The Nutrition Australia website states that: http://www.nutritionaustralia.org/national/resource/nutritionist-or-dietitian
"In Australia, professional nutritional practice is not regulated by the government, and there is no legal protection over the terms ‘Nutritionist’ and ‘Dietitian’ – anyone can call themselves a Nutritionist or Dietitian, no matter their level of training."

Assuming this is the case, I would therefore recommend that you simply get a good disclaimer that acknowledges that you are a student and do not yet hold qualifications and that you have no professional liability insurance (it would be ideal to have insurance, but I imagine since you are not charging much for consultations its likely out of the question). You can buy a basic health disclaimer at this website http://www.lawanswers.com.au/legal-documents/online-business-website-legal-package-for-australia.7/- they can also be customised to accommodate your specific circumstances. Maybe start with that.
 

Tim W

Lawyer
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28 April 2014
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  1. If you set yourself up in a business
    and hold yourself out to be competent in a certain field
    (even an unregulated one) then (no matter your intent),
    section 18(1) of the Australian Consumer Law will be in play.
    The amount you charge for what you do is irrelevant.

  2. The tort of negligence will be ever present.
    Failing to acquire recognised (even if not mandatory) qualifications
    before staring work in this field is not exactly acting
    with due care, skill, and attention, is it?

  3. As a commercial reality, and as a matter of their own good practice
    and risk management, you'll probably need to be an APD
    before Medicare, DVA, and most of the private health funds, will deal with you.

  4. Ask yourself if this is a reasonable way
    for a responsible member of your profession to act.
    Your profession may not have many specific laws around it,
    but it does have ethics.

  5. Assuming you can find an insurer, you may have to pay a higher premium
    as an unqualified lay person (which until you finish your training, you are)
    than if you hold the relevant competency.

  6. Ask yourself how you will feel in five years time,
    when, after all the work you have put in to become qualified,
    some unqualified amateur sets up next door.
    And undercuts you on price!
 
15 September 2014
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Thank you for your help Tim! I am held back by these concerns - particularly negligence, so having them set out clearly is very helpful.
Point #6 is a constant issue in my unregulated field... there will always be amateurs with out any qualifications undercutting those who have put in the work. Moments of weakness finds me considering joining them rather than fighting them.
 
15 September 2014
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Regarding points #1 and 2, would it be considered a lack of due care and attention if I give consultations for free? The main thing I am after is experience, which is increasingly difficult to find in the health industry. Still possibly unethical?
 

Tim W

Lawyer
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28 April 2014
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Regarding points #1 and 2, would it be considered a lack of due care and attention if I give consultations for free?
It is possible to be negligent even when you don't charge for something, yes.
As I said above, the amount you charge is irrelevant.
The main thing I am after is experience, which is increasingly difficult to find in the health industry. Still possibly unethical?
DAA's Code of professional Conduct is here:
http://daa.asn.au/wp-content/uploads/2013/03/2013-Code-of-Professional-Conduct-member-and-APD.pdf
and
DAA's Statement of Ethical Practice is here:
http://daa.asn.au/wp-content/uploads/2013/11/2013-Statement-of-Ethical-Practice-Member-and-APD.pdf
The decision, however, about whether or not what you propose
is professional and ethical by those measures, is yours.