The 'Legal Action' page from the AHRPRA 2020/21 Annual Report states
Independent tribunals and panels decide the most serious allegations
- 374 matters (371 notifications, 3 compliance breaches) were the subject of ongoing tribunal proceedings at 30 June, compared with 358 matters last year.
- 126 tribunal matters were finalised: 121 matters were decided by a tribunal, 96.7% resulting in disciplinary action; National Boards continue to appropriately identify the thresholds for referring a matter to a tribunal to protect the public
- 5 matters were withdrawn or did not proceed to a tribunal because: the practitioner was deceased (4 matters), and a separate tribunal matter was withdrawn in Western Australia when it became clear that co-regulatory authorities in New South Wales had addressed the same conduct in separate proceedings (1 matter).
- 19 matters were decided by panels with more than 80% resulting in regulatory action.
Tribunal decisions
National Boards refer serious matters to tribunals in each state and territory. Only a tribunal can cancel a practitioner’s registration, disqualify a person from applying for registration for a time or prohibit a person from using a specified title or providing a specified health service.
We include links to published adverse tribunal (disciplinary) decisions and court outcomes for a practitioner on the online Register of practitioners, if the name of the practitioner has not been suppressed by the court or tribunal.
When a court or tribunal cancels a practitioner’s registration or disqualifies them from applying for registration, or using a specified title, or providing a specified health service, this is recorded in the online Register of cancelled practitioners.
When a tribunal reprimands, suspends or places conditions on the registration of a practitioner, this is recorded on the online Register of practitioners.
Some serious allegations are referred to tribunals
Matters included findings of professional misconduct involving:
- family violence offending and other serious criminal offending sexual boundary breaches and other general boundary breaches such as inappropriate relationships with patients
- misappropriating or prescribing of ‘peptides’ or other drugs that are at risk of misuse/abuse, for non-therapeutic purposes
- failure to comply with conditions imposed on registration by a Board or a panel
- continuing to practise when registration has lapsed or not been renewed
- inappropriate commentary on social media
- providing treatments for which the practitioner was not qualified.
Significant periods of disqualification were imposed in appropriate matters, including in matters involving:
- misappropriation of drugs by a registered nurse (three years)
- a former dental practitioner who maintained false, misleading and inaccurate records and recorded procedures or tests that had not been performed and who made fraudulent claims to a health insurer for those procedures (five years).
Panel decisions
A National Board establishes health or professional standards panels to decide matters when appropriate. Panels must include members from the relevant health profession and community members. All health panels must include a medical practitioner.
To create opportunities for professional learning we publish court and tribunal summaries
We published 103 summaries of decisions. Some decisions are not published for privacy reasons or due to suppression orders applied by the tribunal or court.
Decisions can be appealed
106 appeals were lodged nationally about decisions made by National Boards. The number of appeals lodged this year was the same as in 2019/20. The majority of appeals were from professions that have a higher number of regulatory decisions such as medical practitioners (57) and nurses (16). 95 appeals were finalised. 84 appeals were not yet decided at 30 June. Any person or company can be fined if found guilty of a criminal offence, and people can be jailed
We investigate and, where appropriate, prosecute allegations of criminal offences.
- 451 criminal offence complaints were received
- 76.1% related to alleged unlawful use of title and unlawful claims to registration.
- 462 criminal offence complaints were considered and closed, some from the last year.
- 215 open criminal offence complaints were still under review at 30 June.
- 70 new complaints about advertising were considered and managed where advertising was assessed as unlawful – most related to the advertising of corporate entities or unregistered persons.
- 87 complaints were closed, some from last year.
Types of criminal offence
- Unlawful use of protected titles
- Unlawful claims that a person is registered
- Performing a restricted act
- Unlawful advertising.
We prosecute people who pretend to be registered health practitioners when they are not
Significant prosecutions this year demonstrate the importance of criminal offence provisions for the protection of the public.
- 16 proceedings completed in the courts for offences across five jurisdictions (including 2 appeals)
- 1 matter pending appeal at 30 June.
Outcomes show that Ahpra continues to identify appropriate thresholds for referring offence complaints for prosecution.
7 prosecutions and 1 appeal ongoing at 30 June.
In reporting on 'Compliance' AHPRA states
We monitor restrictions and requirements that have been placed on practitioners to check that they are complying.
- 4,650 cases related to 4,648 registered practitioners who were being actively monitored at 30 June
- 1,467 cases (31.6%) were about conduct, health or performance
- 2,734 cases (58.8%), the majority, were about suitability/eligibility for registration
- 449 cases (9.7%) related to prohibited practitioners/students.
- 3,516 practitioners were monitored by Ahpra to ensure health, performance and/or conduct requirements were being met during the year.
