Sexual misconduct and the National Law amendments

In April 2025, amendments to the Health Practitioner Regulation National Law (the National Law) were passed requiring additional information to be published on the Ahpra public register when a practitioner has been found by a tribunal to have engaged in professional misconduct involving sexual misconduct. It applies to all registered health professions. Publication is permanent and the change is retrospective, meaning it will apply to tribunal findings from 2010, when the National Scheme started. These amendments come into effect on or about 10 April 2026.

In some cases, it will be clear from the tribunal’s findings that the professional misconduct involved sexual misconduct. However, in other cases, this may not be so clear. The Medical Board has limited discretion to review the tribunal’s judgment and infer that the professional misconduct involved sexual misconduct. In those cases, practitioners may be able to seek judicial review of the decision. Further information about the process is provided in Ahpra’s ‘Guidance: Sexual Misconduct and the National Law’ (the Ahpra Guidance).

Avant joined other professional and advocacy groups in raising serious concerns when the legislative changes were first proposed, particularly regarding their retrospective and permanent application. 

We considered the changes to be unfair and disproportionate, and inconsistent with established legal principles in Australia, especially in cases where regulators have found there is no ongoing risk to the public. Our full submission can be read here. 

We have continued to advocate to ensure clearer guidance is provided on how the Board will apply the new requirements, to provide as much clarity as possible for practitioners.  

Ahpra has begun contacting practitioners with relevant tribunal findings by phone call in the first instance, to confirm the best email address (or postal address if there is no appropriate email address) to send correspondence to practitioners.  

If you receive a call or letter from Ahpra about this, you will be given an opportunity to respond explaining why the additional information should not be listed on your entry on the register. There are only limited grounds for exceptions to publication, as set out in section 9 of the Ahpra Guidance. 

The additional information displayed on the register will include a statement that the practitioner engaged in professional misconduct that included sexual misconduct. It will also list any sanctions imposed, and a link to the tribunal decision (if published). 

The information will be included on the existing online Ahpra register of practitioners, which is publicly available (“the register”). It lists all health practitioners registered to practise in Australia in the various registered professions, including in medical practice. The register currently displays information about a practitioner’s registration, such as their specialty, qualifications and date of first registration. The register also includes information about any conditions currently placed on a practitioner’s registration, and a link to judgments where adverse findings have been made about a practitioner.  

Additional information regarding any finding of sexual misconduct will not be published on the register if it would breach an order made by a court or tribunal. This would apply if a direct non-publication order was made but in other circumstances, some limited information may be published on the register if this could be done without breaching the court or tribunal’s order. This will be decided based on the individual circumstances. 

Avant’s Practitioner Indemnity Insurance Policy provides comprehensive protection for claims and complaints arising from healthcare services (subject to the terms, conditions, and exclusions set out in the Product Disclosure Statement). 

If you receive a call or letter from Ahpra about these changes, you can contact our Medico-Legal Advisory Service, or your previous indemnity insurer if they assisted you at the time of the tribunal or court matter. 

We can provide you with general advice and will consider any request for further assistance regarding the correspondence from Ahpra. Each situation will be different.  

You can also consider whether to seek an extension from Ahpra for the due date for your response. This should be done in writing. 

Practices with an Avant Practice Medical Indemnity Policy who have impacted practitioners working at the practice can also contact Avant and request assistance with any queries they may have in relation to the practice. 

We understand these changes may be distressing. Avant has a list of key support services for doctors on our website: Key support services

Ahpra and the Medical Board also provides a list of resources for practitioners, available on the Medical Board’s website: Medical Board of Australia - Support services for doctors and medical students