Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms Australia's national health practitioner registration system to better protect patients. It requires practitioners who have had their registration cancelled to get a tribunal order before reapplying, permanently publishes sexual misconduct findings on public registers, and makes it an offence to punish someone for reporting a health practitioner.
Who it affects
Patients gain more transparency about practitioners with sexual misconduct findings and stronger protections when making complaints. Health practitioners who have been deregistered face a tougher pathway to regain registration.
Key changes
- Practitioners whose registration has been cancelled must obtain a reinstatement order from a tribunal before reapplying — they can no longer go straight to a National Board
- Information about practitioners found to have engaged in professional misconduct involving sexual misconduct will be permanently published on the national public register
- New offences with penalties up to $60,000 (individual) or $120,000 (body corporate) for threatening, intimidating, or punishing someone who reports a health practitioner
- Non-disclosure agreements cannot prevent a person from reporting a health practitioner or assisting an investigation — existing agreements that try to do so are void
- New offence for entering into a non-disclosure agreement that does not clearly state it cannot prevent reporting, with penalties up to $5,000 (individual) or $10,000 (body corporate)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Dec 2024 – 3 Apr 2025View Hansard
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.
▸Second Reading2 Apr 2025 – 3 Apr 2025View Hansard
▸20 members spoke20 support
Supported the bill as a clinical nurse, welcoming the nationally consistent framework to increase transparency of disciplinary action for health practitioners found to have engaged in serious 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
Supported the bill as committee chair, thanking the minister for responding positively to committee recommendations and for clarifying definitions around serious sexual misconduct.
“I am struggling to recall a time where a minister has actually responded so positively to recommendations of a committee.”— 2025-04-03View Hansard
Supported the bill's amendments to protect public safety by establishing a nationally consistent re-registration process, increasing transparency about sexual misconduct, and strengthening protections for notifiers.
“The national law provides the legal framework for Australia's National Registration and Accreditation Scheme for the health professions.”— 2025-04-03View Hansard
Supported the bill as a registered nurse and committee member, emphasising the public's right to know about healthcare providers' sexual misconduct history and thanking the minister for taking committee recommendations on board.
“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
Supported the bill as implementing amendments agreed by Australian health ministers, noting that health professionals are held in high regard and this bill partly protects their professional reputations.
“Health professionals are held in such universally high regard throughout our community. They are placed in a position of respect and a position of trust.”— 2025-04-03View Hansard
Supported the bill as a committee member, emphasising the public's right to know about healthcare providers' regulatory history relating to sexual misconduct and to make informed decisions.
“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
Supported the bill, noting it was designed to increase transparency about serious disciplinary action against practitioners for sexual misconduct and was developed by the former Labor government.
“The Labor opposition has always stood up for laws that protect Queenslanders and always will.”— 2025-04-03View Hansard
Supported the bill as a registered specialist physician and former AMA Queensland president, describing it as an important step forward in protecting public safety and ensuring accountability and transparency in healthcare.
“This legislation represents an important step forward in protecting public safety and ensuring the highest standards of accountability and transparency.”— 2025-04-03View Hansard
Supported the bill, noting a significant increase in complaints of sexual misconduct against health practitioners and that patients have a right to know about their practitioner's regulatory history.
“People have a right to know if a health practitioner they are trusting with their most intimate health concerns has a history of sexual misconduct.”— 2025-04-03View Hansard
Supported the bill as a registered medical practitioner, acknowledging the need to balance patient protection with practitioner rights and noting the importance of the AMA's submission on getting that balance right.
“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
Supported the bill as establishing more safeguards to protect patient safety, noting the alarming increase of over 800 complaints of sexual misconduct received across Australia in 2022-23.
“Sexual misconduct and other serious misconduct by health practitioners is a serious violation of this trust.”— 2025-04-03View Hansard
Supported the bill, discussing the committee inquiry process and noting it was reintroduced with substantially identical content after lapsing at the dissolution of the 57th Parliament.
“The bill was then reintroduced with substantially identical content, save for some sections being renumbered.”— 2025-04-03View Hansard
Supported the bill, emphasising the public's right to know about practitioners' sexual misconduct history and the importance of Ahpra's notification requirements for registered health practitioners.
“The public has a right to know if their healthcare provider has a regulatory history relating to sexual misconduct.”— 2025-04-03View Hansard
Acknowledged the bill had bipartisan support and praised it as good law from a bipartisan process through the national Health Ministers' Meeting, noting it was nearly identical to the bill introduced before the last election.
“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.”— 2025-04-03View Hansard
Supported the bill as establishing a comprehensive accreditation scheme for 16 health professions, ensuring practitioners are properly qualified and adhere to the highest standards of practice.
“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
Supported the bill, thanking the health minister for his leadership and praising the committee process for enhancing the bill through scrutiny and witness testimony.
“The member for Southport explained that this bill was enhanced because of the 15 witnesses who presented at the hearings.”— 2025-04-03View Hansard
Supported the bill, noting this was the third iteration of similar reforms nationally and acknowledging the trusted relationship between health practitioners and patients.
“It is absolutely reprehensible because it is a trusted relationship.”— 2025-04-03View Hansard
Supported the bill as amending the national law to bring protections to public safety, increase transparency of information, and strengthen protections for notifiers of conduct and performance of health practitioners.
“Public confidence in the safety of services provided by practitioners and students is paramount.”— 2025-04-03View Hansard
Supported the bill drawing on her experience as a former disciplinary prosecutor with the Office of the Health Ombudsman, where she prosecuted cases of serious misconduct and sexual assault by health practitioners.
“It was my job as a disciplinary prosecutor with the Office of the Health Ombudsman to prosecute health practitioners for matters of serious misconduct and sexual assault.”— 2025-04-03View Hansard
As Minister for Health, replied to the second reading debate thanking members on both sides for their contributions and acknowledging the committee's recommendations, while confirming the bill adequately addressed concerns raised.
“I am glad to see that the parliament is working in the way it ought to.”— 2025-04-03View Hansard