Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health, Environment and Innovation Committee
5 members · Chair: Robert Molhoek
The Health, Environment and Innovation Committee examined the bill and made four recommendations, including that it be passed with amendments. The bill amends the Health Practitioner Regulation National Law to require permanent publication of a practitioner's regulatory history where a tribunal found professional misconduct based on sexual misconduct. The committee recommended clarification of the legislative threshold for sexual misconduct and that the decision to publish be appellable. The government supported some recommendations and not others.
Key findings (4)
- The bill requires National Boards to permanently publish additional information about a practitioner's regulatory history where a tribunal found professional misconduct based on sexual misconduct
- National Boards are given discretion to infer that a tribunal's finding of professional misconduct was based on sexual misconduct where the decision does not expressly state this
- The government did not support making the publication decision an appellable decision under the National Law, arguing it would be inappropriate as Boards do not reconsider facts
- The government supported further stakeholder consultation on operationalising the requirements and committed to at least 12 months between passage and commencement
Recommendations (4)
- The committee recommends the Bill be passed.
- The committee recommends that the explanatory notes and/or clause 21 of the Bill be amended to clarify any requisite legislative threshold for sexual misconduct.
- The committee recommends that Clause 21 of the Bill be amended to provide that a decision to publish a health practitioner's regulatory history, based on an inference by National Boards, is an appellable decision under Part 8 Division 13 of the National Law.
- The committee recommends that, during implementation, the Australian Health Ministers Meeting consults further with relevant stakeholders around operationalising any legislative threshold of sexual misconduct, and the National Boards' discretion to infer.
▸18 members spoke18 support
Supports the bill as a clinical nurse, emphasising the importance of upholding high standards of conduct and increasing transparency for disciplinary action against practitioners found to have engaged in sexual misconduct.
“Having trust and confidence in our practitioners is important to the people of Queensland, and these changes will help deliver a nationally consistent framework.”— 2025-04-03View Hansard
As Minister for Health, moved and strongly supported the bill, emphasising its three key reforms: publishing sexual misconduct findings on public registers, strengthening protections for complainants, and requiring reinstatement orders for cancelled practitioners seeking re-registration.
“Together, the reforms in this bill will contribute to a safer, more transparent and more equitable health system.”— 2025-04-02View Hansard
As committee chair, welcomed and supported the legislation, noting the minister's positive response to committee recommendations and the need for a public register of practitioners who have engaged in sexual misconduct.
“Given the rise in complaints, I can assure the House that the need to provide greater information to the public about practitioners who have been found to have engaged in professional misconduct involving sexual misconduct, as proposed in this bill, is more than justified.”— 2025-04-03View Hansard
Supports the bill to protect public safety and increase transparency, while acknowledging that the vast majority of health practitioners uphold the highest standards.
“It is that respect and high level of trust that people have for health practitioners all over the world that makes it so imperative for us to pass legislation like this because it can be abused by the small number of unscrupulous people among them who perpetrate harm on others through sexual and other serious misconduct.”— 2025-04-03View Hansard
Speaks as a registered nurse and committee member in strong support of the bill, noting patients deserve confidence in receiving professional, safe and quality care.
“I, like everyone in this House, believe that the public has the right to know if their healthcare providers have a history relating to sexual misconduct in the workplace.”— 2025-04-03View Hansard
Supports the bill as important legislation to protect health professionals' reputations while enabling consumers to make informed decisions about their healthcare providers.
“I think we can all agree that the reason this legislation is so important is that health professionals are held in such universally high regard throughout our community.”— 2025-04-03View Hansard
Supports the bill as these are the most substantive reforms to the national law since 2010, noting the alarming 223 per cent increase in sexual misconduct allegations.
“The public has a right to know if their healthcare provider has a regulatory history relating to sexual misconduct and this bill will allow people to make informed decisions about their healthcare provider.”— 2025-04-03View Hansard
As the former health minister who introduced the original bill, strongly supports it as essential legislation to protect Queenslanders and hold perpetrators of sexual misconduct to account.
“The Labor opposition has always stood up for laws that protect Queenslanders and always will. Whether you are at work or at home or receiving care in a hospital, feeling safe and being safe should not be optional; it is absolutely fundamental.”— 2025-04-03View Hansard
As a registered specialist physician and former AMA Queensland president, supports the legislation as an important step forward in protecting public safety and ensuring highest standards of accountability.
“This legislation represents an important step forward in protecting public safety and ensuring the highest standards of accountability and transparency, not only for Queensland's healthcare system but also for the healthcare systems of all other state and territory jurisdictions across Australia.”— 2025-04-03View Hansard
Supports the bill to protect constituents and ensure their safety when visiting health professionals, noting the 37.5 per cent increase in complaints about boundary violations.
“I am supporting this bill to protect my constituents in Redlands and assure their safety when engaging in health advice or visiting their local health professional.”— 2025-04-03View Hansard
Supports the bill while noting concerns about balancing patient rights with practitioner rights, particularly regarding the lack of definition threshold for sexual misconduct.
“While there is a need to strengthen our laws, it must be understood that the overwhelming majority of our doctors, nurses and other health practitioners work tirelessly caring for their patients in an ethical and highly competent manner.”— 2025-04-03View Hansard
Supports the bill as essential to building public trust and establishing more safeguards to protect patient safety, noting over 800 sexual misconduct complaints received across Australia in 2022-23.
“When we are at our most vulnerable, we deserve to be cared for and treated by health practitioners whom we can trust. Sexual misconduct and other serious misconduct by health practitioners is a serious violation of this trust.”— 2025-04-03View Hansard
Confirms the opposition will support the bill, which is designed to protect patients when they require the services of a health practitioner.
“The opposition will support the passing of this piece of legislation, which is designed to protect patients when they require the services of a health practitioner.”— 2025-04-03View Hansard
Supports the bill as it will give effect to three important reforms: requiring reinstatement orders, expanding information on public registers, and strengthening protections for complainants.
“The public has a right to know if their healthcare provider has a regulatory history relating to sexual misconduct.”— 2025-04-03View Hansard
Acknowledges the bill has bipartisan support and is good law from a bipartisan process, supporting it as essential to maintain high standards in a profession held in high regard.
“From listening to the debate on this bill, I acknowledge that it seems to have bipartisan support—that is, every single member will be supporting it. That is good, because it is good law.”— 2025-04-03View Hansard
Supports the bill as critical to the future of the healthcare system and the health and safety of every Queenslander.
“I am honoured to stand before the House today to support an issue that is not just critical to the future of our healthcare system but essential to the health and safety of every Queenslander.”— 2025-04-03View Hansard
Strongly supports the bill as fundamentally about allowing people to make more informed choices about healthcare, noting the 1,156 complaints about professional boundary violations in 2024.
“Sexual misconduct, especially in a medical setting, is absolutely reprehensible. I think of those victims who, during times of vulnerability, were taken advantage of and who may very well find their faith in the medical profession shaken permanently.”— 2025-04-03View Hansard
Supports the bill as it brings greater transparency and accountability through nationally consistent processes for practitioners to regain registration following cancellation or disqualification.
“Public confidence in the safety of services provided by practitioners and students is paramount, and this law continues to refine and bring uniform standards to the national scheme, allowing a single registration recognition anywhere in Australia.”— 2025-04-03View Hansard
Plain English Summary
Overview
This bill reforms how cancelled or disqualified health practitioners can regain their registration, increases transparency about practitioners found guilty of sexual misconduct, and strengthens protections for people who report concerns. It amends the national framework regulating Australia's 16 registered health professions.
Who it affects
Patients benefit from better access to information about practitioners' sexual misconduct history. People reporting concerns gain stronger protection from retaliation. Cancelled or disqualified practitioners must now satisfy a tribunal before applying for re-registration.
Key changes
- Practitioners whose registration was cancelled must obtain a tribunal reinstatement order before applying to be re-registered - they can no longer go directly to the National Board
- Sexual misconduct findings permanently published on public registers, including tribunal decisions, sanctions imposed, and disqualification periods
- New offences with penalties up to $60,000 for individuals who threaten, intimidate, or take reprisals against people reporting concerns about practitioners
- Non-disclosure agreements cannot prevent people from reporting to regulators or assisting investigations - such clauses are automatically void
- Protections apply regardless of when the non-disclosure agreement was signed, though the new offences only apply to agreements signed after commencement