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The national sexual misconduct reforms require that when a tribunal finds a health practitioner engaged in professional misconduct involving sexual misconduct, this information is permanently published on the public register.
While most tribunal decisions are already published online, the information has not always been easy for the public to find. Under the reforms, the public register entry for an individual practitioner will now clearly state when the decision involved sexual misconduct. For dental practitioners, the changes are retrospective to July 2010 and will be permanent.
When will information be published on the register?
Information is published on the register in cases where a tribunal has made a finding of professional misconduct and a sexual misconduct was a basis for that finding. It does not need to be the main reason. National Boards will use the Guidance: Sexual Misconduct and the National Law to make these decisions through a fair, transparent process.
If published, the public register will show:
- a statement that the practitioner engaged in professional misconduct involving sexual misconduct,
- any sanctions imposed such as conditions, suspension or cancellation,
- and a link to the tribunal decision.
If the practitioner involved has had their registration cancelled, it may also include:
- whether the practitioner is disqualified from reapplying,
- the length of any disqualification period,
- and whether prohibitions apply to providing health services or using protected titles.
Ahpra and the National Boards will contact affected practitioners directly of the proposed decision and reasons, and practitioners will be given an opportunity to respond before any information is published.