New proposals for amendment of the Health Practitioner Regulation National Law have been introduced into the Queensland Parliament. If passed in Queensland, it effectively amends the similar legislation applicable in other jurisdictions across Australia.
There are a series of proposed changes to better protect consumers and patients, and strengthen powers under the National Law to deal with misconduct and poor behaviour.
Applications for reinstatement
Where a health practitioner has had their registration cancelled, at present they can apply for reinstatement to the relevant National Board for re-registration.
In New South Wales, a health practitioner must apply for re-registration to the relevant tribunal, rather than the National Board. This amendment seeks to adopt the procedure in New South Wales, requiring that an application be made to the relevant State or Territory tribunal. The proposed legislation will require a cancelled or disqualified practitioner to apply for re-registration only when they have obtained a reinstatement order confirming their eligibility from the local tribunal in their jurisdiction. The onus will be on the health practitioner to satisfy the tribunal that they are suitable and can practice safely, and therefore should be able to be registered again.
More information on the Ahpra Public Register
The Public Register under the National Scheme currently requires prescribed information to be publicly available. Where a practitioner is subject to disciplinary action or sanctions, they are set out on the Public Register. Once the disciplinary actions have ceased, currently the National Law would permit that information to be removed from the Public Register.
The proposed legislative amendment would require that information be retained on the National Register if the National Board is satisfied that a tribunal has concluded that the practitioner engaged in professional misconduct on the basis of sexual misconduct. In these cases the additional information will remain on the register permanently. The public register will state that the practitioner had engaged in professional misconduct on the basis of sexual misconduct and identify the sanctions imposed, with a copy of the tribunal decision or linked to the tribunal decision.
Where a tribunal has determined to cancel the practitioners registration on the ground of professional misconduct or is no longer registered, there will be a statement that the tribunal determined to disqualify the person from apply for registration. If the tribunal set a period for which the practitioner cannot apply for reinstatement, or if the tribunal determined to prohibit the person from providing a health service or using a particular title, details of that determination will be on the register.
These provisions are directed in particular to warn the public in relation to where a practitioner is determined to have been engaged in sexual misconduct, so that such information is and remains publicly displayed.
Additional protection for complainants
The proposed legislation introduced additional provisions to better protect those who make complaints:
- It will be an offence to use threats or intimidation, dismiss, or refuse to employ or subject a person to other detriment or reprisal because they have made or intend to make a complaint or have assisted other people performing functions under the National Law. Penalties of $60,000 for an individual and $120,000 for companies will apply.
- It will be an offence to enter into a non-disclosure agreement unless the agreement sets out clearly in writing that it does not limit a person from making a notification or assisting the regulator and others to perform functions under the National Law. A maximum penalty of $5,000 from individual and $10,000 for a company will apply.
The proposed legislation will render any provisions of a non-disclosure agreement to be void, to the extent that it prevents or limits a person from making a notification or assisting others to perform functions under the National Law.
Under the proposed legislation, a non-disclosure agreement will mean a contract or other agreement that prohibits or restricts the disclosure of information or documents in relation to the health, conduct or performance of a practitioner.
These changes significantly enhance the protection of patients and consumers who may have been subject to professional misconduct, particularly sexual misconduct, and otherwise protect patients and consumers who wish to make or actually make complaints under the National Law about practitioners. In part, it makes the National Law more consistent with some of the provisions that currently apply in New South Wales.
Click here to view: The Health Practitioner Regulation National Law and other Legislation Amendment Bill 2024
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