Western Australia has now come into line with other States, after The Health Practitioner Regulation National Law Application Bill 2023 was passed by State Parliament in May.
The new Act contains a suite of changes, including protection for the term ‘surgeon’ when used by medical practitioners, and empowering Ahpra and National Boards to warn the public about practitioners when there is a serious, unmanaged risk to public health and safety.
It has also established a mechanism for WA to adopt any future changes to the National Law, while retaining the ability to make modifications and disallow amendments as necessary.
Ahpra chief executive Mr Martin Fletcher said the WA Bill was important to ensure health practitioner regulation was more consistent across Australia in the interests of patient safety.
“These amendments reflect the commitment of Health Minister Amber-Jade Sanderson and all Australian Health Ministers to ensure the National Registration and Accreditation Scheme remains fit for purpose and has a strong focus on public protection,” Mr Fletcher said.
“Importantly, this legislation also recognises the unique needs of the WA community and health sector, while enabling an efficient mechanism to apply any future changes to the National Law.”
But Professor Mark Edwards, Chair of the WA Board of the Medical Board of Australia, said mandatory reporting obligations for WA registered health practitioners had not changed.
“These amendments reflect the commitment of Health Minister Amber-Jade Sanderson and all Australian Health Ministers to ensure the National Registration and Accreditation Scheme remains fit for purpose and has a strong focus on public protection,” Professor Edwards said.
“They highlight the crucial role that regulators play in creating public value, minimising harm, and protecting the community… and ensure WA remains in step with the National Law as applied in other jurisdictions, and has the built in flexibility to respond to local needs.”
Changes outlined in the Act include the establishment of a $60,000 and/or three-year prison sentence for unlawfully assisting with a restricted birthing practice and the inclusion of general best-practice principles.
Otherwise, the Act noted that “the new Law operates as a continuation of the former Law,” and that “anything commenced under a provision of the former Law for the purposes of or in connection with a pending matter is taken to have been commenced, and is to continue, under the corresponding provision of the new Law.”
Similarly, existing applications for accreditation or registration are taken to have been made under the corresponding provision of the new Law, as are reviews and appeals.
While most of the changes flagged by the Act have already been initiated nationally, some are set to start later this year with a date to be agreed on by Governments.
For more information about these changes, please visit the Ahpra National Law amendments page here.