Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
▸7 members spoke4 support3 mixed
Supports the bill as it will encourage health practitioners to seek treatment for their health conditions while maintaining public safety through appropriate mandatory reporting thresholds.
“The goal of mandatory reporting reforms is to ensure that health practitioners have the confidence to seek treatment for health conditions while maintaining public safety and public confidence in registered health professionals.”— 2019-02-26View Hansard
Broadly supports the bill as a step in the right direction but expressed concerns about the paucity of evidence to justify mandatory reporting and potential unintended negative consequences for health practitioners deterred from seeking treatment.
“I do not think many of us would dispute that characterisation of the change we are making—a shift in the wording from 'risk of substantial harm' to a 'substantial risk of harm'—is indeed a nuanced one.”— 2019-02-26View Hansard
Supports the bill's two priority reforms: the amended mandatory reporting requirements to encourage practitioners to seek treatment, and increased penalties for persons falsely holding themselves out as registered health professionals.
“It is important to give registered health practitioners greater confidence to seek treatment for their health issues and that it is done in a way that does not compromise the safety of the patient or the public.”— 2019-02-26View Hansard
As a registered doctor, supports protecting health practitioner wellbeing but argues the bill's amendments are too ambiguous and complex. Advocates for the LNP's proposed amendments based on the Western Australian model which provides treating practitioners with a complete exemption from mandatory reporting.
“Unless the complexity of mental health issues, including alcohol and drug issues, is well managed and treating clinicians are empowered and supported to manage such complex care, the real risk is that impaired doctors and health professionals may not seek the care they so desperately need.”— 2019-02-26View Hansard
As a former nurse, supports the bill as it strikes the right balance between protecting patients and protecting clinicians by raising the threshold and putting the treating physician in an important decision-making process.
“I believe that this bill gets the balance right and I commend the bill to the House.”— 2019-02-26View Hansard
Supports protecting the public from harm by impaired health practitioners but advocates for the Western Australian model allowing voluntary reporting, arguing the bill's mandatory reporting requirements may discourage practitioners from seeking necessary treatment.
“In conclusion, the LNP recommends that the House adopt the Western Australia model, as indicated in our statement of reservation in the committee's report and the amendments that will be presented.”— 2019-02-26View Hansard
As Minister for Health, supports the bill which raises the reporting threshold and gives treating practitioners more discretion while maintaining patient safety. Opposes the LNP amendments as they would fail to adequately protect the public.
“We must provide an environment in which health practitioners can confidentially seek proper treatment for their own health conditions—this is not in dispute—but this cannot come at the cost of patient safety.”— 2019-02-26View Hansard
That the amendment be agreed to
Vote on the LNP amendment moved by Ms Bates to adopt a Western Australia-style model exempting treating practitioners from mandatory reporting except for sexual misconduct. The amendment was defeated 42-48, with ALP and Greens voting against.
The motion was defeated.
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Ayes (42)
Noes (48)
Shadow minister for health who moved amendments to adopt the Western Australian model, limiting mandatory reporting to sexual misconduct only. Argued the amendment would better protect health practitioner welfare while maintaining patient safety.
“We must do everything we can to protect patient safety, and that includes the health and welfare of health practitioners. That is what our amendment will do and I encourage all honourable members to support it.”— 2019-02-26View Hansard
Plain English Summary
Overview
This bill changes when health practitioners must report colleagues they're treating to regulators, and increases penalties for people pretending to be registered health practitioners. The reporting changes aim to encourage practitioners with mental health or substance issues to seek treatment without fear of automatic career consequences.
Who it affects
Health practitioners who want to seek treatment for mental health, alcohol or drug issues can do so with more confidence. Patients are better protected from fake practitioners through doubled fines and new imprisonment penalties.
Key changes
- Treating practitioners only need to report their practitioner-patients if they pose a 'substantial risk of harm' to the public, not for conditions being appropriately managed
- Guidance factors help treating practitioners decide when reporting is required, considering whether the condition is being treated and managed
- Sexual misconduct reporting is strengthened to include future risk such as grooming behaviour
- Maximum fines for falsely claiming to be a health practitioner doubled to $60,000 for individuals and $120,000 for companies
- Up to 3 years imprisonment introduced for the most serious cases of people pretending to be registered practitioners