National Law amendments

Paramount principle

New paramount principle to provide that the paramount considerations for administering the law are public protection and public confidence in the safety of health services

Cultural safety for Aboriginal and Torres Strait Islander Peoples

New objective and guiding principle to the National Law that acknowledges the National Scheme’s role in ensuring the development of a culturally safe and respectful health workforce that is responsive to Aboriginal and Torres Strait Islander Peoples and their health and that contributes to the elimination of racism in the provision of health services.

Disestablishment of AHWAC

Remove provisions that establish the Australian Health Workforce Advisory Council.

Agency Management Committee

Change the name of Ahpra’s governing body to the Ahpra Board.

Functions of National Agency

Update functions to more accurately reflect Ahpra’s role and responsibilities.

Endorsement as midwife practitioner

Remove endorsement of registration for midwife practitioners.

Advertising offences

Increase the maximum penalty for breaching advertising restrictions.

Directing and inciting offences

Increase the maximum penalties for direct and incite offences.

Mandatory notification by employers

Insert a note in the National Law to clarify when employers must notify Ahpra of potential misconduct by a practitioner-employee.

Prohibition orders

Editorial change to clarify that, if a responsible tribunal decides to cancel a person’s registration or the person does not hold registration, the tribunal may decide to prohibit the person, either permanently or for a stated period, from either or both providing any health service or a specified health service, or from using any title or a specified title.

Minor amendments

Minor / technical changes to the National Law – for example to correct typographical errors.

(other minor and technical changes will start on proclamation)

Undertakings

Allow National Boards to accept an undertaking from a person when deciding the person’s application for registration.

Conditions

Clarify how conditions on endorsements of registration can be removed or changed.

Withdrawal of registration

Allow National Boards to withdraw a practitioner’s registration if it was improperly obtained because of the provision of false or misleading information or documents.

Scheduled medicines offences

Require registered health practitioners and students to report offences related to regulated medicines and poisons to the relevant National Board

Previous practice information
(these changes are best read together)

Enable a National Board to give written notice of decisions made under the National Law to other registered health practitioners with whom a registered health practitioner shares premises or has a ‘practice arrangement’. This includes those who have an employment relationship or an agreement with the practitioner to provide services on behalf of the entity, whether in an honorary capacity, as a volunteer, or otherwise. A National Board will also be able to give written notice of decisions to registered health practitioners or entities who had previously had a practice arrangement with the practitioner where there is a risk of harm or risk to public safety.

Notification of employers to protect the public

Allow National Boards to disclose information to employers or certain other associates about serious risk posed by a registered health practitioner who is the subject of a notification or investigation about their health, conduct or performance. Information can be disclosed (provided the threshold test is met) to other registered health practitioners with whom the practitioner currently shares premises or to an entity that has a current ‘practice arrangement’ with the practitioner.

Disclosure of information about unregistered practitioners

Enable National Boards to disclose information about serious risk posed by an unregistered person who is being investigated or prosecuted under the National Law. Information can be disclosed (provided the threshold test is met) to other registered health practitioners with whom the unregistered person currently shares premises or to an entity that has a current ‘practice arrangement’ with the unregistered person.

Disciplinary action in relation to health practitioners while unregistered

Allow National Boards to take disciplinary action against practitioners who continue to practice or use a protected title after their registration has lapsed.

Requirement to provide records for preliminary assessment

Allow National Boards to require the provision of information or production of documents for the purpose of conducting a preliminary assessment of a notification.

Prohibition orders

Allow a prohibition order issued by a tribunal to impose restrictions on a practitioner’s provision of health services, in addition to the current ability to prohibit the provision of specified health services or the use of a title. Aligns prohibition orders with interim prohibition orders and provides further flexibility for tribunals.

Public statements

Allow Ahpra and National Boards to issue a public statement if necessary to protect the public (provided the threshold test is met).

Referral to other entities

Allow National Boards to refer matters to another entity after a preliminary assessment of a notification.

Show cause processes

Allow a National Board to change its proposed disciplinary action after undertaking a show cause process.

Discretion not to refer matters to responsible tribunal

Allow National Boards to decide not to refer matters to a tribunal where there is no public interest in such a referral.

Consequential changes

Amendments to s.109 (Annual statement) and s.130 (registered health practitioner or student to give National Board notice of certain events) – refer to Health Insurance Act rather than repealed Medicare Act.

Ministerial Council

Amend the definition of Ministerial Council to reflect current governance arrangements for intergovernmental relations.

Allow the Ministerial Council to delegate its power to approve registration standards only.

Commencement of registration

Allow the commencement of specialist, provisional, limited and non-practising registrations to be post-dated up to 90 days after a registration decision is made (in the same way that general registration is).

Renewal of registration during suspension period

Clarify the time in which a practitioner must renew their registration once a period of suspension has ended.

Interim prohibition orders

Allow Ahpra and National Boards to issue interim prohibition orders to unregistered practitioners, or to practitioners whose registration has lapsed or been suspended (provided the threshold test is met).

Use of an alternative name

Allow practitioners to include an alternative name on the public register (general and specialist) and require them to only use a name that is on the register when they practise.

A National Board may be enabled to refuse to include an alternate name for a practitioner for a range of reasons, including if it is obscene or offensive; could not practicably be established by repute or usage because, for example, it is too long, uses symbols without phonetic significance, or includes a statement or phrase; or if it includes or resembles an official rank or title or a protected or specialist title in the National Law.

Exclusion of information from register

Allow National Boards to exclude information from the public register if publication of the information poses a risk to the health and safety of the practitioner, their family, or their associates.

Other minor changes

Change to definition of suspension period.

Replacing phrases indicating that a person can inspect a document held by a regulator at a ‘reasonable time and place’ with a reference to ‘at a reasonable time and in the reasonable way’ decided by the Board; these changes reflect that the inspection and copying of documents is now often done electronically, rather than in person.