Sexual misconduct to be permanently listed on public register

Health practitioners found guilty of sexual misconduct will have the finding permanently recorded on the Australian Health Practitioner Regulation Agency’s (AHPRA) public register following the passing of new legislation last week.
 
The Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 was passed by the Queensland Parliament, the host jurisdiction for National Law, paving the way for its introduction across all states and territories.
 
According to AHPRA, the new measures will mean ‘proven instances of sexual misconduct’ will be permanently published on health practitioners’ register record.
 
This includes findings by a tribunal or a criminal sexual offence conviction.
 
Previously, conditions and restrictions to practice involving sexual misconduct were only publicly available while they were in effect.
 
In a submission on the proposed legislation last year, the RACGP said a tribunal ruling of professional misconduct because of sexual misconduct or sexual boundary violations or criminal convictions for sexual offences was an ‘appropriate threshold for publication’.
 
It also called for the ‘right balance between patient and community protection, and natural and procedural justice for health professionals’ to be struck.
 
‘While patients must have the opportunity to make an informed choice about which health professionals they consult, it may be appropriate to place an expiry date on conditions so they do not remain on the register permanently,’ the college stated.
 
The most recent AHPRA annual report said 313 notifications involving 187 practitioners were closed at the tribunal stage in the last financial year, with 96.8% of those resulting in disciplinary action.
 
Of those, 116 notifications were for doctors, although the number relating to general practice is not specified.
 
The annual report did not detail how many cases reaching tribunals across all health professions were for allegations of sexual misconduct, stating that matters ranged from improper prescribing to sexual boundary breaches and serious criminal offending.
 
However, AHPRA noted that notifications for boundary violations, which include allegations of sexual misconduct, were 37.5% higher than the previous year.
 
AHPRA describes boundary violations as ‘behaviour that blurs professional and personal relationships with patients or involves unethical behaviour of a criminal or sexual nature with a patient or other person’.
 
It recorded a total of 11,207 notifications for 8418 medical practitioners across the country, including for the Health Professional Councils Authority in New South Wales and Office of the Health Ombudsman in Queensland, of which 3% related to allegations of boundary violations.
 
AHPRA said the new legislation will also boost protections for people who make complaints by banning non-disclosure agreements designed to stop people from raising concerns.
 
Under the amended law, it will become an offence to threaten, intimidate, dismiss, or refuse to employ someone if they make a notification in good faith or plan to do so.
 
Maximum penalties of $60,000 apply to individuals, or up to $120,000 for corporations.
 
Both those measures were backed by the RACGP.
 
‘A well-functioning notifications process is essential so that patients, colleagues and practice staff feel comfortable making complaints about a practitioner’s conduct, noting that doctors must also be protected from any malicious or unwarranted claims,’ the college noted in its submission.
 
While raising the possibility of vexatious notifications and referring to ‘longstanding concerns’ about their management by AHPRA, the RACGP also acknowledged recent steps to address the issue.
 
These include the regulator halving its use of investigative powers and its acceptance of 15 recommendations to help reduce the risk of harm to practitioners subject to notifications.
 
The legislation is also designed to bring national consistency to the process of practitioners seeking reinstatement before applying to re-register.
 
Under the amendments, practitioners who are disqualified or whose registration is cancelled will need a reinstatement order from the relevant tribunal before applying to their National Board to re-register. 
 
Acting AHPRA chief executive Kym Ayscough welcomed the new measures, saying they would ensure people have access to information allowing them to make an informed choice.
 
‘Everybody has the right to expect their practitioner to be safe and fit to practise, and these reforms strengthen that right,’ Ms Ayscough said. 
 
‘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 healthcare.
 
‘These reforms provide strong new protections for patients and notifiers, while also providing clarity and consistency for practitioners seeking to have their registration reinstated.’
 
According to AHPRA, the changes will come into force over the coming year to allow time for new processes to be put in place.
 
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