Permanent identification to follow proven sexual misconduct

Part of key changes under the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024, proven instances of sexual misconduct will be permanently published on a health practitioner’s public register record. The amendments also provide increased protections for people who make complaints about health practitioners. This includes new measures that make it an offence for practitioners to enter into non-disclosure agreements that prevent complaints being made to health regulators.

“Everybody has the right to expect their practitioner to be safe and fit to practise, and these reforms strengthen that right,” Australian Health Practitioner Regulation Agency (Ahpra) Acting CEO Kym Ayscough said, calling the new measures a milestone in patient protection. “We support these changes, which align with the range of reforms that Ahpra and the National Boards are progressing as part of our actions to improve public safety involving sexual misconduct in health care.”

Key changes include increasing transparency for the public around disciplinary action against health practitioners who have been found by a tribunal to have engaged in professional misconduct that involves sexual misconduct — with additional information published permanently on their public register record.

Changes also involve strengthening protections for notifiers and clarifying consumer protections around non-disclosure agreements about the health, conduct or performance of health practitioners, and boosting public safety by establishing a nationally consistent process for practitioners to regain registration — where their registration been previously cancelled or they have been disqualified from registration.

“Choosing a health practitioner is a critical part of protecting your health and wellbeing. These reforms will ensure that people have access to the information they need to make an informed choice,” Ayscough said. “These reforms provide strong new protections for patients and notifiers, while also providing clarity and consistency for practitioners seeking to have their registration reinstated.”

The Queensland Parliament — as the host jurisdiction for all states and territories — passed the legislation on 3 April, with changes to take effect on a date in the future determined by governments. To allow stakeholders time to prepare and for state and territory tribunals to establish necessary processes, the changes will be implemented progressively over the coming year.

Ahpra said an information guide and answers to frequently asked questions about the changes will be published on the Ahpra website in the near future. “There is no place for sexual misconduct in health care. Any sexual exploitation is a gross abuse of trust and can lead to long-lasting and profound damage,” Ayscough said.

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