Health Practitioner Regulation National Law and Other Legislation Amendment Bill

Overview

This bill amends Australia's national health practitioner regulation laws to better protect the public from practitioners who have been struck off or found to have committed sexual misconduct. It was introduced following agreement by all Australian Health Ministers but lapsed at the end of the 57th Parliament and did not become law.

Who it affects

Patients and healthcare consumers benefit from greater transparency about practitioners with sexual misconduct findings. People who report concerns about health practitioners gain stronger legal protections from retaliation.

Key changes

• Cancelled or disqualified health practitioners must obtain a reinstatement order from a tribunal before they can apply to be re-registered, creating a nationally consistent process across all states and territories
• Information about practitioners found by a tribunal to have committed professional misconduct involving sexual misconduct must be permanently recorded on the public register, including details of the finding and sanctions
• It becomes an offence to threaten, intimidate, dismiss, or retaliate against someone who reports a health practitioner, with penalties of up to $60,000 for individuals and $120,000 for corporations
• Non-disclosure agreements are void to the extent they prevent someone from reporting concerns about a health practitioner to regulators, and it is an offence to enter into such an agreement without clearly stating the person's right to report
• In Queensland, these protections are implemented through both the national law and amendments to the Health Ombudsman Act to suit the state's co-regulatory arrangements