Sexual misconduct findings now permanent fixture on public record of health professionals

Sexual misconduct findings will now be permanent fixtures on the public register of health practitioners under landmark changes rolled out by the medical watchdog.

The Australian Health Practitioner Regulation Agency has added information about existing findings to the publicly visible registrations of more than 100 practitioners.

Of these, 86 are on the list of cancelled practitioners and no longer practising.

Under the new changes, any findings of professional misconduct listed on the register clearly state if it had a basis of sexual misconduct.

It follows a decision by Health Ministers in April 2024 to amend the national law governing health practitioners to in a bid to further improve public safety.

Sexual misconduct covers a wide range of behaviours — both inside and outside clinical settings — including professional boundary violations, sexual harassment and criminal offences.

The changes are retrospective and applies to all medical professionals including doctors, nurses, dentists, optometrists, psychologists, pharmacists, paramedics, physios and more.

It means the regulator is now going through thousands of tribunal decisions dating back to the beginning of the national scheme in July 2010 to clearly list any findings on the public record, including links to a tribunal decision online if publicly available.

Individuals who were subject to a sexual misconduct finding who want to regain registration will now also be subject to new requirements.

The latest reforms are part of a suite of amendments to the national law. Non-disclosure agreements cannot stop someone from making a complaint to the watchdog, and any retaliation against a complainant is now a criminal offence.

Ahpra chief executive Justin Untersteiner said sexual misconduct by healthcare professionals was “an unacceptable breach of trust that undermines public health and safety”.

“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,” he said.

Sexual Assault Resource Centre 1800 199 888