Health Practitioner Regulation National Law and Other Legislation Amendment Bill
Plain English Summary
Overview
This bill reforms how health practitioners can regain their registration after being struck off, increases transparency about practitioners found guilty of sexual misconduct, and strengthens protections for people who report concerns about health practitioners. It amends the national health practitioner law that applies across all Australian states and territories, with Queensland-specific modifications for the co-regulatory role of the Health Ombudsman.
Who it affects
Patients gain better access to information about practitioners with sexual misconduct findings and stronger protections when reporting concerns. Health practitioners who have been struck off face a tougher pathway back to practice, now requiring a tribunal order before they can even apply for re-registration.
Key changes
- Practitioners whose registration has been cancelled or who have been disqualified must now obtain a reinstatement order from a tribunal before they can apply to be re-registered — they can no longer go straight to a National Board
- When a tribunal finds a practitioner engaged in professional misconduct involving sexual misconduct, this information must be permanently recorded on the public register, including a link to the tribunal decision
- It is now an offence to threaten, intimidate, dismiss, or take reprisals against someone who reports a health practitioner or assists an investigation, with penalties up to $60,000 for individuals and $120,000 for corporations
- Non-disclosure agreements cannot prevent anyone from reporting concerns about a health practitioner to regulators — any such clauses are void, including in agreements signed before this law commenced
- Employers and health service providers must ensure NDAs clearly state the person's right to report, or face penalties of up to $5,000 for individuals and $10,000 for corporations
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 May 2022View Hansard
Referred to Health and Environment Committee
The Health Practitioner Regulation National Law and Other Legislation Amendment Bill was referred to the Health, Environment and Agriculture Committee on 11 September 2024, late in the 57th Parliament. The parliament was dissolved in October 2024 for the state election before the committee could report on this bill. The bill was subsequently re-introduced in the 58th Parliament as a new bill. Note: the committee report linked in the database (5724T1963) is incorrectly associated with this bill and actually relates to the Termination of Pregnancy (Live Births) Amendment Bill 2024.
Key findings (4)
- The bill was referred to the Health, Environment and Agriculture Committee on the day of its introduction, 11 September 2024
- The 57th Parliament was dissolved before the committee could complete its examination and table a report on this bill
- The bill was re-introduced in the 58th Parliament as the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
- The committee report currently linked to this bill in the database (report 5724T1963) is a data linkage error and actually covers the Termination of Pregnancy (Live Births) Amendment Bill 2024
Committee report tabled
▸In Detail13 Oct 2022View Hansard
That the long title of the bill be agreed to
Procedural vote on the long title of the bill. Passed with only KAP, PHON and the independent opposing.
The motion passed.
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Ayes (84)
▸2 clause votes (all passed)
Vote on clause 100
Vote on retaining clause 100, which contains corresponding public statement powers for the Health Ombudsman under the Health Ombudsman Act. The LNP opposed on the same natural justice grounds as clause 20.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (50)
Noes (37)
Vote on clause 20
Vote on retaining clause 20, which empowers the Health Ombudsman to issue public statements warning about practitioners whose conduct poses a serious risk, before investigations are completed. The LNP, KAP, PHON and independent opposed this on natural justice grounds.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (50)
Noes (37)
▸Third Reading13 Oct 2022View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the Health Practitioner Regulation National Law bill. The LNP voted in favour despite opposing specific clauses, while KAP, PHON and the independent voted against the entire bill.
The motion passed.