AHPRA Permanently Lists Sexual Misconduct Findings on Public Register

The Australian Health Practitioner Regulation Agency (AHPRA) has updated the public records of over 100 past and present health practitioners to permanently include findings of sexual misconduct.

This reform, stemming from a 2023 agreement by all Australian health ministers, makes these disciplinary records visible indefinitely. Previously, such records were removed from public view once a sanction period ended. AHPRA is reviewing approximately 5,000 past misconduct findings to identify relevant cases, with the process expected to be finalized by June.

Regulatory Reform and Rationale

The change in law followed an increase in patient complaints regarding sexual misconduct. The reform is retrospective and applies to all practitioners regulated by AHPRA, including doctors, nurses, dentists, psychologists, pharmacists, and physiotherapists.

AHPRA CEO Justin Untersteiner stated the change addresses community expectations and the importance of trust in practitioner-patient relationships. Experts, including Professor Ron Patterson who conducted a 2017 review, noted that prior to this reform, patients faced difficulty accessing information about a practitioner's past disciplinary history for sexual misconduct.

Scope of the Review and Findings

AHPRA has identified 107 cases of sexual misconduct from its review of past findings to date.

• The majority of identified practitioners are doctors, with the highest proportion having practiced in New South Wales and Victoria.
• Of the practitioners identified, 21 are currently registered and practicing. Most have had their registration cancelled.
• The number of identified cases is expected to increase as investigations continue.

Details on the Public Record

A practitioner's searchable public record on the AHPRA register will now include the following permanent information if a finding of sexual misconduct is made:

• A clear statement that the practitioner engaged in sexual misconduct.
• Details of any sanctions imposed.
• A link to the relevant tribunal decision, where available.
• If registration was cancelled, the record will show the disqualification period and whether the practitioner is eligible to reapply.

In limited circumstances, a finding may not be added to the public register. Exceptions may include cases where a finding was modified on appeal or if there is a serious risk to the practitioner's health and safety.

Definition and Consequences of Sexual Misconduct

Sexual misconduct is defined as conduct towards patients in clinical settings, as well as a practitioner's behavior outside of work. Provided examples include:

• Conducting an intimate physical examination without medical necessity.
• Engaging in sexual humor or innuendo.
• Sending inappropriate messages via social media.
• Disclosing a practitioner's sexual history.

Sanctions can range from disqualification to conditions placed on registration, such as restrictions on consulting with specific patient groups. Professor Marie Bismark, a doctor and law professor, noted that while serious breaches often lead to loss of registration, some cases may allow a return to practice with appropriate protections, depending on the circumstances.

Implementation and Historical Data

The update process is described as a significant undertaking involving 54 lawyers. Practitioners are given an opportunity to provide submissions on why a finding should not be permanently listed.

AHPRA is publishing sexual misconduct findings dating back to 2010, the year its national public online database was established. Tracing information from before 2010 is challenging due to the previous decentralized system of state and territory boards for each profession. AHPRA may consider extending the review further back in time after the current update is complete.

Additional Context: Complaints to AHPRA regarding boundary violations, a category that includes sexual misconduct, increased by 72% to 1,991 in the 2023 reporting period.