From this month on (April 2026), significant changes to the AHPRA National Register will come into effect, increasing transparency around findings of sexual misconduct involving registered health practitioners across Australia.
These changes represent a substantial shift in how disciplinary outcomes are communicated and have important implications for practitioners in New South Wales and nationally.
What has changed?
Historically, the National Register recorded limited information — primarily a practitioner’s registration details and any conditions on that registration. While disciplinary action such as a reprimand could appear, the underlying reasons were not disclosed.
Under new provisions, including section 225A of the Health Practitioner Regulation (Adoption of National Law) Regulation 2025 (NSW), additional details must now be published where disciplinary proceedings include findings of sexual misconduct.
Importantly, these changes apply retrospectively to tribunal decisions dating back to 1 July 2010.
When will information be published?
Information will be published where a tribunal (such as NCAT in NSW) has found that a practitioner:
- engaged in professional misconduct
- committed an offence rendering them unfit to practise
- is not a suitable person for registration
and sexual misconduct formed a basis for that finding.
Notably, sexual misconduct does not need to be the sole or primary reason for the decision.
How will AHPRA and the National Boards decide?
The National Boards will adopt a structured two-step approach:
- Identify whether the conduct constitutes sexual misconduct (based on tribunal findings or inferred conduct)
- Determine whether that conduct formed a basis for the professional misconduct finding
Boards may draw reasonable inferences where findings are not explicit, introducing an element of discretion.
What is considered “sexual misconduct”?
The National Law does not provide a strict definition. Instead, Boards will assess conduct contextually.
Sexual misconduct may include:
- breaches of trust or professional boundaries
- abuse of power or exploitation of a practitioner–patient relationship
- inappropriate conduct inside or outside clinical settings
- criminal sexual offences
It may also arise even where consent is present, particularly where a power imbalance exists.
What information will appear on the Register?
Where publication is required, the Register will include:
- a statement that the practitioner engaged in sexual misconduct
- details of any sanction (e.g. conditions, suspension, cancellation)
- a link to the tribunal decision (if available)
If registration has been cancelled, further details may include:
- reapplication restrictions
- duration of any ban
- restrictions on providing health services or using protected titles
Procedural fairness for practitioners
Before publication, practitioners will be:
- notified of the Board’s preliminary view
- given 28 days to make submissions
- informed of the final decision and reasons
There is also scope to:
- lodge an administrative complaint
- escalate to the National Health Practitioner Ombudsman
- seek judicial review where appropriate
Are there any exceptions?
Yes. Publication may not occur where:
- a decision has been overturned or materially altered
- publication poses a serious risk to the practitioner or others
Confidential information (e.g. patient identities) will not be disclosed.
Key implications for practitioners
These reforms significantly increase public visibility of disciplinary findings.
Potential consequences include:
- reputational damage
- increased scrutiny from employers and insurers
- broader professional and commercial impact
Where discretion applies, submissions to the Board become critically important and should be carefully prepared.
Final observations
The reforms reflect a broader regulatory emphasis on transparency, public protection, and maintaining confidence in the profession.
Practitioners should take proactive steps to understand how these changes may affect them — particularly where past findings may now be subject to publication.
Patients Affected
For patients, these changes mean greater transparency when choosing and engaging with health practitioners. The publication of sexual misconduct findings on the AHPRA National Register is intended to help patients make informed decisions and promote trust in the healthcare system.
If you believe you may have been affected by the inappropriate conduct of a registered health practitioner, it is important to seek advice and consider your options. This may include making a complaint to AHPRA or seeking independent legal advice about your rights.
Support services are also available, and taking steps early can assist in protecting your wellbeing and ensuring your concerns are properly addressed.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.