New health practitioner reforms indicate stronger transparency and national consistency: what you need to know
Australia’s health regulation framework is continuing to evolve, with significant reforms aimed at strengthening transparency and public safety.
On 9 April 2025, the Queensland Parliament passed the Health Practitioner Regulation National Law and Other Legislation Amendments Bill 2024, which has now been enacted as the Health Practitioner Regulation National Law and Other Legislation Amendments Act 2025 (Act).
We previously outlined the reforms and how the changes would be progressively rolled out throughout Australia in our article ‘New reforms enable patients to make informed choices when choosing a health practitioner.’ These reforms are designed to improve safety and transparency in Australia’s healthcare system by:
regulating the contents of settlement agreements;
having a national consistent process of regaining registration; and
increasing increased transparency and disclosure of disciplinary action taken against health practitioners found to have engaged in professional misconduct of a sexual nature and regulating the contents of settlement agreements.
It has now been almost 12 months since the changes to settlement agreements took effect, including making it an offence for practitioners to enter into non-disclosure agreements (NDAs) with notifiers that prevent them from making complaints to AHPRA and other health regulators. It is also now an offence to threaten, intimate, dismiss, refuse to employ, or subject a person to other detriment or reprisal because they intend to or have made a notification, or helped someone else to do so.
In April 2026, the next tranche of changes under the Act will come into effect. From this time, a nationally consistent process for regaining registration will be introduced, along with the permanent recordings of findings of professional misconduct involving sexual misconduct on the public register.
These changes are retrospective and will apply to practitioners who have been the subject of findings in the past.
AHPRA’s annual report for the 2025 financial year revealed a 19 per cent increase in notifications about practitioners, with notifications relating to boundary violations, including sexual boundary violations increasing by 72 per cent. These figures reflect growing social awareness of, and lack of tolerance for, sexual misconduct, and may be linked to recent changes aimed at increasing public safety.
Key takeaways
- Findings of professional misconduct involving sexual misconduct made by a tribunal will be permanently published on a practitioner’s registration and will be available for public access.
- Practitioners will have 28 days after being notified by the National Board that sexual misconduct may be the basis for the tribunal’s decision of professional misconduct to provide any submissions to response.
- The absence of a clear definition of sexual misconduct may result in some inconsistency in how findings are assessed.
- There is now a nationally consistent process for practitioners to regain registration which has been previously cancelled or disqualified.
National process for regaining registration
The amendments introduce a national consistent process for health practitioners who have had their registration cancelled or who have been disqualified from applying for registration by a tribunal.
To apply for re-registration, these practitioners will be required to obtain a reinstatement order from a responsible tribunal before applying to the National Board for re-registration – adopting the current New South Wales process nationwide.
The National Board will still decide whether registration is granted and what conditions must be met.
These changes are intended to boost public safety by ensuring a consistent national process for practitioners to regain their registration following cancellation or disqualification.
Permanent publication of sexual misconduct findings on the public register
The changes require that findings of professional misconduct involving sexual misconduct are published permanently on the national public register.
Importantly this change is retrospective and applies from when the health profession was first regulated under the National Registration and Accreditation Scheme. As a result, historical findings of professional misconduct involving sexual misconduct will now be listed on health practitioner’s registration.
This represents a shift from the previous requirements under the National Law, where National Boards were required to publish active disciplinary sanctions on the national public register until the sanctions ceased.
It is not necessary for sexual misconduct to be the sole or primary basis for the tribunal’s decision. The requirement may still apply where sexual misconduct formed part of the conduct considered by the tribunal.
Practical implications for tribunal decisions
In practice, tribunal decisions have not specified the type of conduct giving rise to a finding of professional misconduct. As a result, the National Board will be required to determine whether sexual misconduct formed part of the basis for the tribunal’s decision.
These changes may influence how tribunals across Australia frame future decisions, with greater clarity provided on whether sexual misconduct was involved. This would assist the National Board in making determinations about publication.
What information will be published on the register
Where the National Board determines that professional misconduct involved sexual misconduct, this will be recorded on the national public register.
The register must also include:
any sanctions imposed by the tribunal that relates solely to the sexual misconduct, or that relate to both sexual misconduct and other conduct; and
a copy of, or link to, the tribunal’s decision.
Where relevant, the register will also record:
if the practitioner’s registration was cancelled;
if the practitioner no longer holds registration; and
any period set by the tribunal during which the practitioner is not permitted to apply for a reinstatement order.
Definition of sexual misconduct under the National Law
- Sexual misconduct is not a defined term under the National Law.
- Instead, guidance is drawn from the National Boards’ Codes of Conduct and the Medical Board of Australia’s guidelines on Sexual Boundaries in the doctor-patient relationship. These materials are admissible in disciplinary proceedings as evidence for what constitutes sexual misconduct.
- The National Board’s guidance indicates that sexual misconduct may occur even where the conduct is consensual or where there is no criminal prosecution.
Decision-making process for National Boards
The relevant National Board (or delegated decision maker) will now be undertaking a process to consider the tribunal’s decision and reasons, including historical decisions. and form an initial view as to whether sexual misconduct may be the basis for a finding of professional misconduct.
This process will occur after the expiration of any appeal period in respect of the decision. For historical decisions, the Board will review its database to consider which decisions fall within this category.
If an initial view is formed, the Board will:
notify the affected practitioner in writing of the Board’s proposed decision, including reasons; and
outline the information proposed to be published on the register.
The affected practitioner is provided 28 days to make any submissions in response.
The Board will then consider those submissions and make a final decision, including whether any relevant exceptions to publication may apply. The Board will aim to make this decision within 28 days of receiving submissions and will advise the affected practitioner in writing of its decision along with its reasons.
Exceptions to publication may apply in limited circumstances, including where:
a tribunal or professional misconduct is appealed, and the result is that the decision is stayed, overturned or modified to such an extent that the requirement to publish additional information no longer applies;
or where publication would pose a serious risk to health or safety of the practitioner, their family or an associate.
The information will then be permanently added to the public register no earlier than 28 days after advising the practitioner. The decision of the board is subject to judicial review.
Insurance and risk considerations for practitioners and insurers
Professional indemnity insurance policies typically contain strict exclusions for sexual misconduct, abuse or molestation. However, they may cover reasonable legal costs associate with legal representation, investigations, inquiries or other.
For practitioners
It is important to review policy terms to understand how coverage may respond to a notice that a finding of sexual misconduct may be permanently recorded. Practitioners should also notify their insurers of any past findings of professional misconduct which may involve sexual misconduct.
For insurers
It is important to consider potential exposure to payments, such as for legal costs incurred for inquiries as well as the legal costs in the practitioner responding to a request to provide submissions to the Board, in respect of historical professional misconduct findings of a sexual misconduct nature.
For Health organisations
Organisations should ensure awareness of the changes and the process for responding to a notice. Internal policies and procedures should be reviewed and varied to ensure consumer protections are considered and upheld particularly around current notification and complaints processes.
How we can help
If you would like to understand how these reforms may impact your organisation or support reviewing policies and managing risk, please get in touch with our specialist team.
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