Sexual misconduct findings added to public register under "landmark reforms"

Under what Ahpra calls “landmark changes to the National Law”, existing sexual misconduct findings of around 100 health practitioners — most no longer practising — have been added to Australia’s public register of practitioners and the register of cancelled practitioners.

“Sexual misconduct by registered health practitioners is an unacceptable breach of trust that undermines public health and safety,” Ahpra CEO Justin Untersteiner said. “Publishing sexual misconduct findings on the public register empowers patients to make informed choices about their care and reinforces that breaches of trust will not be hidden.”

Published this week, the first round of changes resulted in additional information being added to the register entries of 107 practitioners. Of these, 86 are on the list of cancelled practitioners.

Sexual misconduct covers a wide range of behaviours, Ahpra said, including professional boundary violations, sexual harassment and criminal offences. It added that these can occur inside and outside of a practice setting.

Already, most tribunal decisions were published online with a link included on the public register. Under the changes, the register entry will now clearly state when the decision involved sexual misconduct. This change will apply to all tribunal decisions dating back to the beginning of the National Registration and Accreditation Scheme, July 2010.

“Under official guidance released in December, the information being added to the register is drawn from a previous tribunal finding of professional misconduct with a basis of sexual misconduct,” Ahpra said. “To implement the changes, Ahpra has undertaken extensive legal analysis and review, including a show-cause process.

“Health Ministers decided in April 2024 to amend the National Law to add these changes and further improve public safety. The changes form part of Ahpra’s broader, ongoing action to prevent sexual misconduct and respond decisively when it occurs.”

The National Law changes also impose new, nationally consistent requirements for individuals who have been the subject of a sexual misconduct finding, but who are not currently registered, in the event they seek to regain registration.

“Sexual misconduct not only breaches professional and ethical standards, it breaches the trust placed in practitioners by their patients, colleagues and community,” Untersteiner said.

“Any incident can have a lasting and profound impact. Ahpra has dedicated staff and resources available to support anyone wishing to raise a concern about a practitioner, and I would encourage them to do so.”

If you are affected by any of the issues discussed in this article, Lifeline has a 24/7 crisis support service that can help. Please call 13 11 14.

Ahpra’s Notifier Support Service is available to assist people who wish to raise concerns about a practitioner.

Ahpra has also provided a link (click here) to sexual assault support services available for readers who experience distress.

Image credit: iStock.com/Thurtell