{"id":594483,"date":"2026-04-10T09:31:15","date_gmt":"2026-04-10T09:31:15","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/594483\/"},"modified":"2026-04-10T09:31:15","modified_gmt":"2026-04-10T09:31:15","slug":"sexual-misconduct-findings-permanently-added-to-health-practitioners-records","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/594483\/","title":{"rendered":"Sexual misconduct findings permanently added to health practitioners&#8217; records"},"content":{"rendered":"<p class=\"paragraph_paragraph___QITb\">More than 100 past and current health practitioners have had findings of sexual misconduct added to their public-facing records under reforms to promote transparency.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Most of those practitioners have had their registration cancelled, but 21 are still practising.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The Australian Health Practitioner Regulation Agency (AHPRA) is reviewing 5,000 professional misconduct findings to identify which of those involved sexual misconduct.<\/p>\n<p class=\"paragraph_paragraph___QITb\">So far, it has identified 107 but more practitioners are still under investigation and will not have their records updated until later this year.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Most identified so far are doctors and the highest proportion are practising, or did practise, in NSW and Victoria.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Up until now, it has not been easy for patients to see whether their practitioner had any past findings of sexual misconduct because the register only showed active disciplinary sanctions.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Once a practitioner served their sanction or suspension, any mention of their misconduct was removed.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Following an uptick in patient complaints about sexual misconduct, last year all health ministers agreed to change the law so that misconduct decisions would permanently appear on the record.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The law is retrospective and applies to all practitioners regulated by AHPRA, including doctors, nurses, dentists, psychologists, pharmacists and physiotherapists.<\/p>\n<p><img decoding=\"async\" alt=\"The Australian Health Practitioner Regulation Agency CEO Justin Untersteiner.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/04\/54551e42548c7ecf114f912286d4820d.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">AHPRA CEO Justin Untersteiner says it was a massive task, but the process would be finalised by June. (Supplied)<\/p>\n<p class=\"paragraph_paragraph___QITb\">AHPRA CEO Justin Untersteiner said it was an important change to meet community expectations.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;The relationship we have with health practitioners is a special one based on trust \u2026 we often go to those practitioners in a state of vulnerability, so when there&#8217;s a breach it has devastating consequences not only for the patient but for the system as a whole,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Experts said the reform was a long time coming, with a major review calling for more transparency taking place almost 10 years ago.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Patients should not have to resort to Dr Google to find information about a doctor&#8217;s previous disciplinary or criminal record for sexual misconduct,&#8221; reviewer Professor Ron Paterson said in 2017.<\/p>\n<p>What will appear on the public record?<img decoding=\"async\" alt=\"A pair of hangs holding a stethoscope\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/04\/f6d2f51126d0a3ee2956259b23767bfe.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">It&#8217;s been almost 10 years since a review called for more transparency.\u00a0 (ABC Riverina: Romy Stephens)<\/p>\n<p class=\"paragraph_paragraph___QITb\">From today, a practitioner&#8217;s searchable AHPRA record will permanently state if they have engaged in sexual misconduct and will detail any sanctions imposed on them. It will also link out to a tribunal&#8217;s decision when available.<\/p>\n<p class=\"paragraph_paragraph___QITb\">If their registration is cancelled, it will show how long they are disqualified for and if they can ever reapply for registration.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Under limited circumstances, some findings of sexual misconduct will not be added to the register but Mr Untersteiner said this would be rare.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Exceptions may be used when a misconduct finding has been modified on appeal or if there is a serious risk to the health and safety of the practitioner.<\/p>\n<p>What constitutes sexual misconduct?<\/p>\n<p class=\"paragraph_paragraph___QITb\">Sexual misconduct relates to conduct towards patients in clinical settings as well as a practitioner&#8217;s behaviour outside work.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Examples of misconduct between a practitioner and patient include:<\/p>\n<p>Intimate physical examination without medical needEngaging in sexual humour or innuendoUsing social media to send inappropriate messagesDisclosure of practitioner&#8217;s sexual history<\/p>\n<p class=\"paragraph_paragraph___QITb\">If found liable, the practitioner may be disqualified or have conditions imposed on their registration, like a ban on consulting with women or children.<\/p>\n<p><a href=\"https:\/\/www.abc.net.au\/news\/2026-03-03\/qld-doctor-examined-women-for-sexual-motivation-tribunal\/106364680\" data-component=\"FullBleedLink\" class=\"RelatedCard_link__rsgR9 FullBleedLink_root__lTw_U interactive_focusContext__yRhc_ interactive_defaults__AKxUU FullBleedLink_showVisited__g3Xvz\" rel=\"nofollow noopener\" target=\"_blank\">Doctor examined women for &#8216;sexual motivation&#8217;, tribunal finds<\/a><\/p>\n<p class=\"Typography_base__sj2RP RelatedCard_synopsis__cFwMW Typography_sizeMobile14__u7TGe Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">A tribunal has found a Queensland former doctor performed pap smears and breast checks on women for &#8216;sexual motivation&#8217;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Doctor and University of Melbourne law and public health professor, Marie Bismark, said many do lose their registration, but there were cases where appropriate protections could be put in place.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Obviously, any breach of sexual behaviour is serious, but there are some cases that are more serious than others,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;If a doctor has behaved in a really planned and predatory way towards vulnerable patients, perhaps towards children or those with intellectual disabilities, that&#8217;s the type of doctor that would likely lose the ability to practise.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;But if you have a one-off case where a doctor touched a patient&#8217;s breast inappropriately, for example, and there were factors in that doctor&#8217;s life that contributed to that serious lapse of judgement \u2026 with appropriate protections in place, that person may be able to return to practice.&#8221;<\/p>\n<p class=\"paragraph_paragraph___QITb\">In 2023, a <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2023-02-06\/doctors-sexual-misconduct-complaint-system-investigation\/101918606\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/101918606\" rel=\"nofollow noopener\" target=\"_blank\">Four Corners investigation<\/a> revealed more than 160 practitioners were still allowed to work after tribunal findings of sexual misconduct.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Last year, complaints to AHPRA about boundary violations, which are harmful, exploitative or self-serving actions by practitioners, increased by 72 per cent to 1,991.<\/p>\n<p>Why is the register being updated gradually?<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Untersteiner said this was a massive task for AHPRA, but the process would be finalised by June.<\/p>\n<p>Sexual assault support services:<\/p>\n<p class=\"paragraph_paragraph___QITb\">He said 54 lawyers were part of the review and health practitioners were given an opportunity to explain why a permanent listing shouldn&#8217;t be made.<\/p>\n<p>&#8220;I do expect that number of 107 practitioners to grow \u2014 by how much I don&#8217;t know,&#8221;  he said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;It disappoints me that&#8217;s the case. One is too many.&#8221;<\/p>\n<p><a href=\"https:\/\/www.abc.net.au\/news\/2023-02-06\/doctors-sexual-misconduct-complaint-system-investigation\/101918606\" data-component=\"FullBleedLink\" class=\"RelatedCard_link__rsgR9 FullBleedLink_root__lTw_U interactive_focusContext__yRhc_ interactive_defaults__AKxUU FullBleedLink_showVisited__g3Xvz\" rel=\"nofollow noopener\" target=\"_blank\">Regulators letting badly behaved doctors return to practise<\/a><\/p>\n<p class=\"Typography_base__sj2RP RelatedCard_synopsis__cFwMW Typography_sizeMobile14__u7TGe Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Almost 500 health practitioners have been sanctioned for sexual misconduct involving patients. Nearly a third are still allowed to work.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Untersteiner said even though investigations were not finished, patients could still see on the AHPRA database whether a practitioner had any current disciplinary sanctions or professional misconduct findings.<\/p>\n<p class=\"paragraph_paragraph___QITb\">However, the register may not yet show that the misconduct was of a sexual nature.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;I do want to be clear, though, that it&#8217;s unreasonable to expect a member of the public to have any kind of legal knowledge or to have to troll through a long tribunal matter \u2026 and that&#8217;s why we are making these changes.&#8221;<\/p>\n<p>What about misconduct before 2010?<\/p>\n<p class=\"paragraph_paragraph___QITb\">AHPRA is only publishing sexual misconduct findings dating to 2010 when the public, online database of health practitioners was established.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Professor Bismark said, prior to 2010, each health profession had its own board in each state and territory, so tracing information from organisations that no longer existed would be unreasonable.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;However, once [AHPRA] has updated the register back to 2010 \u2026 they may look to go further back in time,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Events that happened a very long time ago still have a profound effect on patients.&#8221;<\/p>\n<p>Loading&#8230;<\/p>\n","protected":false},"excerpt":{"rendered":"More than 100 past and current health practitioners have had findings of sexual misconduct added to their public-facing&hellip;\n","protected":false},"author":2,"featured_media":594484,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[10912,49,48,225879,225878,84,392,61037,225877],"class_list":{"0":"post-594483","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-healthcare","8":"tag-ahpra","9":"tag-ca","10":"tag-canada","11":"tag-dodgy-doctors","12":"tag-dodgy-practitioners","13":"tag-health","14":"tag-healthcare","15":"tag-sexual-misconduct","16":"tag-the-australian-health-practitioner-regulation-agency"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/594483","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=594483"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/594483\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/594484"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=594483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=594483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=594483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}