AHPRA and the Health Practitioner Regulation National Law

What the regime is

The Health Practitioner Regulation National Law is uniform legislation. It operates in each state and territory, functioning as the National Law within that jurisdiction. This legislation provides a consistent approach to the regulation of health practitioners across Australia.

The National Law established the National Registration and Accreditation Scheme (NRAS). The NRAS provides a single national framework for registered health professions, streamlining processes and ensuring consistent standards.

AHPRA administers the National Law and the NRAS. This work is undertaken in collaboration with the National Boards, which are responsible for specific health professions.

The 15 National Boards

The Health Practitioner Regulation National Law establishes fifteen National Boards, each responsible for regulating a specific health profession. These Boards operate nationally and cover a broad range of disciplines.

The Boards responsible for regulating these professions are: Medical; Nursing and Midwifery; Pharmacy; Psychology; Dental; Physiotherapy; Optometry; Osteopathy; Chinese Medicine; Chiropractic; Aboriginal and Torres Strait Islander Health Practice; Occupational Therapy; Medical Radiation Practice; Podiatry; and Paramedicine.

Each National Board undertakes a range of functions to ensure public safety and maintain professional standards. These functions include registering practitioners, setting professional standards, investigating complaints, and taking disciplinary action.

Mandatory notifications

The Health Practitioner Regulation National Law establishes requirements for registered practitioners and their employers to report concerns about other practitioners. These mandatory notification obligations arise when a practitioner’s practice is impaired, involves sexual misconduct, or demonstrates a significant departure from accepted professional standards. These circumstances must also pose a risk of harm to the public for a notification to be required.

Notifications are not always required. Certain exemptions exist, such as some treating-practitioner exemptions relating to impairment. The specifics of these exemptions are defined within the National Law.

Failure to comply with mandatory notification requirements can lead to professional conduct investigations. Not making a required notification is itself a matter that AHPRA may investigate.

Discipline and outcomes

AHPRA and the National Boards have the authority to take disciplinary action against registered health practitioners. This can involve imposing conditions on a practitioner’s registration, suspending registration, or cancelling registration altogether. In some cases, they may accept undertakings from a practitioner, which are agreements to address specific concerns. Serious matters may also be referred to State and Territory Health Practitioner Tribunals for further consideration.

Investigations into practitioner conduct can also be undertaken by the Australian Health Practitioner Ombudsman and state Health Complaints Commissioners. These bodies play a role in addressing concerns raised about health practitioners.

Information about adverse findings, such as registration being suspended or cancelled, or conditions being imposed, is recorded on the public register of practitioners. This ensures transparency and allows the public to access information about the status of a practitioner’s registration.