Understanding the latest reforms to health practitioner regulation

Background

On 3 April 2025, the Queensland parliament passed reforms under the Health Practitioner Regulation National Law and other Legislation Amendment Bill 2024 (Qld) (Bill), which will be progressively implemented to the Health Practitioner Regulation National Law (National Law) the by the Australian Health Practitioner Regulation Agency (AHPRA) over the coming year.

Legislative changes

Recording of information on registration

Under the reforms, additional information must be recorded in the national and specialists registers in certain circumstances.

These circumstances exist if a national board is satisfied that a responsible tribunal decided that the practitioner behaved in a way that constitutes professional misconduct and a basis for the decision was that the practitioner engaged in sexual misconduct, whether occurring in connection with the practice of their profession or not.

A national board may be satisfied of these circumstances:

• regardless of whether the sexual misconduct was the sole or main basis for the tribunal's decision, or that the matter involved other types of conduct; and
• even if the tribunal did not consider or decide whether the sexual misconduct alone constituted professional misconduct (where the matter involved other types of conduct).

In this regard, a national board, may, by necessary inference, take into account the tribunal's decision and the reasons for the decision, regardless of whether or not the tribunal's reasons expressly provide that sexual misconduct was a basis for the decision.

Where a national board is satisfied, the following additional information must now be recorded on the National or Specialists Register:

• date of the tribunal's decision;
• the name of tribunal;
• that the tribunal decided the person behaved in a way that constitutes professional misconduct;
• that the professional misconduct included sexual misconduct;
• any sanction imposed that relates solely to the sexual misconduct or, to the sexual misconduct and other types of conduct; and
• a copy of the decision or a link to decision, if published.

Further, if practitioner's registration is cancelled on the grounds of professional misconduct, or they are prohibited for providing a health service, additional information will also now be included on the register, including but not limited to the date in which the disqualification or period of restriction was implemented.

This additional information must remain on the register permanently, unless the tribunal's decision is stayed, overturned, or modified.

Protection against reprisals

The National Law will also be amended to include protection from reprisals from persons making notifications, or otherwise providing information, documents and assistance. Under this new provision, a person must not:

• use threats or intimidation to attempt to persuade another person not to take protected action;
• dismiss or refuse to employ another person because, or in the belief that, the other person has taken, or intends to take, protected action; or
• subject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action.

A protected action means:

• making a notification under the National Law in good faith; or
• giving information, documents or other assistance in the course of an investigation or for another purpose under the National Law to a person performing functions under the Act or the National Law.

Breach of these provisions will be an offence with a maximum penalty of $60,000 for an individual or $120,000 for a body corporate.

Non-disclosure agreements

The legislative amendments will also make Non Disclosure Agreements (NDA) void to the extent that they prevent or limit a person from:

• making a notification, in good faith, under the National Law; or
• giving information, documents or other assistance in the course of an investigation or for another purpose under the National Law to a person performing functions under the National Law.

Further, the proposed legislative amendments requires that a relevant person must not enter into a NDA unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from making a protected action as described above.

A relevant person for the purpose of this provision includes:

• an employer/former employer of a registered health practitioner or a person registered under the National Law;
• a health service provider whose services are provided by registered health practitioners; and
• a registered health practitioner.

The maximum penalty under the new provision is $5,000 for an individual and $10,000 for a body corporate.

Registration reinstatement

Changes will also be made to practitioners seeking reinstatement of their registration following disqualification.

The proposed amendments now require disqualified practitioners to apply for a reinstatement order from a relevant tribunal, before being able to apply for registration under the National Law.

Key takeaways

In summary, the reforms to the National Law will mean that, moving forward:

• practitioners will now have findings of sexual misconduct permanently listed on their public registration;
• people who make complaints about practitioners will be better protected and guarded against reprisals;
• it will be an offence to enter into a non-disclosure agreement (NDA) in so far it limits a person from making a notification or assisting regulators; and
• practitioners who seek reinstatement of their registration following a period of cancellation will now be required to apply for reinstatement order from a relevant tribunal, prior to applying for registration.

Further information

The Health Practitioner Regulation National Law and other Legislation Amendment Bill 2024 (Qld) can be found here.