Health practitioners who have a tribunal finding of professional misconduct with a basis of sexual misconduct will have this information permanently added to the public register from April.
Ahpra published new guidance on adding information about sexual misconduct to the register of practitioners late last year in preparation for the requirements.
It follows changes to national law following a decision by health ministers in 2024 that sexual misconduct findings should be publicly available via adding it to the register.
Ahpra embarked on legal and policy analysis once parliament passed the necessary legislative amendments to implement the changes.
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The Guidance: Sexual Misconduct and the National Law outlines the process Boards will follow, the scope of their considerations, the factors affecting their decisions, how they will engage with affected practitioners, and when and how information will be published on the register.
A statement issued by Ahpra and National Boards said the measure would provide the public with the information they need and expect when choosing a health practitioner.
The change will be retrospective and comes into effect in April 2026.
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National Boards are responsible for deciding if a tribunal finding of professional misconduct included a basis of sexual misconduct.
The Guidance notes that sexual misconduct represents “a serious violation of professional and ethical standards and constitutes a significant betrayal of trust placed in practitioners by patients/clients, colleagues, and the community”.
According to the Guidance sexual misconduct may include, but is not limited to, the violation a professional boundary, or conduct giving rise to a criminal conviction or finding of guilt – whether committed in connection with the practitioners practice or not.
Any matters that meet the requirements will be referenced on the relevant practitioner’s register entry with a link to the tribunal decision where publicly available.
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