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New reforms in Health Practitioner Regulation aimed at strengthening public protection

Michael Gorton AM and Lauren Jones

Fifteen new reforms, which are outlined in the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022, came into effect on 15 May 2023 and aim to strengthen public protection while ensuring fairness for practitioners.

The reforms empower the Australian Health Practitioner Regulation Agency (Ahpra) and the National Boards to issue warning statements to the public about serious risks posed by individual practitioners and notify third parties in cases of potential harm.

These changes mark a significant step forward in maintaining public safety within the healthcare sector.

The Power to Warn

Ahpra and the National Boards now have authority to warn the public about serious risks associated with individuals, including both registered and unregistered practitioners, who are subjects of investigations or disciplinary proceedings. This power is only to be used in exceptional circumstances and a stringent legal threshold must be met before its invocation. The primary objective is to alert the community to dangerous unregistered individuals rather than currently registered practitioners. Martin Fletcher, CEO of Ahpra, highlighted the importance of this new power in safeguarding public wellbeing, particularly in cases involving serious infection control issues.

The introduction of the public statement power is part of a broader package of legal updates aimed at improving public safety and fairness for both notifiers and practitioners. Other updates within the reform focus on enhancing the assessment and investigation process, including the ability to compel practitioners to provide information earlier in the complaints process. Dr. Anne Tonkin AO, Chair of the Medical Board of Australia, emphasised the commitment to maintaining a balance between public safety and fairness. She noted that these legal changes aim to streamline complaint management, ensuring a more efficient and equitable regulatory experience for all parties involved.

Another significant change in the reforms involves expanding the National Boards' ability to share information following notification to alert third parties to potential harm. National Boards will be able to disclose information to entities that have current "practice arrangements" with a registered practitioner or unregistered individual. Additionally, former employers and associates of registered practitioners can be notified of any actions taken against them. The reforms also enable the disclosure of information to employers regarding unregistered practitioners. It is important to note that such information sharing will only occur in exceptional cases where there is deemed to be an urgent risk to public safety.

The aim is to make public protection and public confidence in the safety of services provided by registered health practitioners and students the primary considerations in all decision making processes under the National Scheme.

The recent reforms to the Health Practitioner Regulation National Law are said to signify a significant advancement in prioritising public protection in the healthcare sector. By granting Ahpra and the National Boards the power to issue public statements and enhancing information sharing with relevant parties, the reforms strengthen the ability to warn the public about potential risks and swiftly respond to urgent situations. These changes also reinforce the commitment to fairness by streamlining complaint management processes. As the reforms continue to be implemented, public safety remains at the forefront, ensuring greater confidence in the healthcare services provided by registered health practitioners and students.

How we can help

For further information and what it will mean for your organisation, please contact Michael Gorton AM or another member of our expert Health Law team.

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