News

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RACGP speaks up at misconduct management inquiry

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The RACGP is once again urging for the safeguarding of both patients and health professionals to be applied to any reforms relating to the public register of practitioners found to have engaged in sexual misconduct, and for a nationally consistent approach to reinstatement orders.
 
On Tuesday, RACGP President Dr Michael Wright appeared before a Queensland Parliament Committee, outlining the college’s key recommendations to the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024.
 
It comes after a plan was launched by the nation’s health ministers last year to investigate whether greater transparency is needed when it comes to a practitioners’ regulatory history, and for nationally consistent requirements for practitioners who seek re-registration following cancellation.
 
Following the hearing, Dr Wright said it is crucial to ensure management of misconduct is transparent, consistent and supports all parties.
 
‘Because doctors work to the highest ethical standards and we are one of the most trusted and respected professions, it’s critical to strike the right balance between patient and community protection, and natural and procedural justice for health professionals,’ Dr Wright told newsGP.
 
One of the proposed changes is to provide greater information to the public about practitioners who have been found to have engaged in sexual misconduct, by expanding the information required to be included on the national public registers.
 
In response, the RACGP supported retaining this information on the public register when any conditions are no longer in force and/or if the circumstances for publication are met, saying this would protect members of the public and ensure prospective employers are notified.
 
However, it said members have expressed concern about retaining information on the public register permanently, saying it may be appropriate to publish information for a set period and then remove it from the register once it expires, and to consider complex cases on a case-by-case basis. 
 
‘We do have some concerns about retaining information on the public register permanently, as well as the publication of tribunal outcomes where allegations were disproven or proven in part,’ Dr Wright said.
 
In response to other proposed legislative changes, the RACGP supports a nationally consistent requirement for practitioners to seek a reinstatement order if their registration has been cancelled or they have been disqualified from practising.
 
‘We also support protections for notifiers and for those who assist regulators during investigations,’ Dr Wright said.
 
‘Our members do not support non-disclosure agreements in the context of a sexual boundary violation or sexual misconduct, and our submission notes that non-disclosure agreements should not rule out a notification to the Australian Health Practitioner Regulation Agency, the national boards or another regulatory body.’
 
According to the RACGP, Australia currently has too many variable jurisdictional requirements and greater consistency would streamline the process for practitioners.
 
At the hearing, the committee covered topics including:

• permanent publication of a practitioner’s regulatory history in cases of sexual misconduct
• benefits of a consistent approach to reinstatement orders
• counselling and support provided to practitioners who are the subject of a vexatious notification
• non-disclosure agreements.

The proposed changes to the National Law are aimed at improving public protection and confidence in the safety of services provided by registered health practitioners, with the objectives of the amendments to:
 

• protect public safety by establishing a nationally consistent process for practitioners to regain registration after their registration has been cancelled, or they have been disqualified from registration by a tribunal – cancelled and disqualified practitioners will be required to obtain a reinstatement order from a responsible tribunal before applying to a national board for re-registration
• increase transparency for the public about disciplinary action against health practitioners who have been found by a tribunal to have engaged in serious sexual misconduct – national boards will be required to permanently publish additional information on the national public registers
• strengthen protections for notifiers (complainants) against reprisals or other detriment, threats and intimidation, and clarify consumer protections in relation to non-disclosure agreements about the health, conduct or performance of health practitioners.

 
On 12 December 2024, the Amendment Bill was re-introduced into the Queensland Parliament, following the state election and change of government in October. Queensland is the host jurisdiction for the National Law. 
 
The legislation follows on from a submission developed by the RACGP earlier in 2024 on the proposed reforms, in which the college recommended ‘robust processes’.
 
The committee is due to table its report on 7 February. 
 
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AHPRA Australian Health Practitioner Regulation Agency non-disclosure agreement sexual misconduct vexatious notification

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