Under a new Ahpra guidance published on 16 December 2025, registered health practitioners found guilty of sexual misconduct will have the findings permanently recorded on the national public register. This includes findings by a tribunal or a criminal sexual offence conviction.
Previously, conditions and restrictions placed on a practitioner’s registration were only publicly available for the period of time the actions or conditions were active.
The change to the National Law will come into effect in April 2026, with a specific commencement date yet to be announced.
Retrospective and permanent disclosure
The change is retrospective, and applies from when a health profession was first regulated under the National Registration and Accreditation Scheme. For medical and nursing practitioners, this means tribunal findings dating back to 1 July 2010 can now be published on the public register.
Under the amended National Law, where a tribunal has found that sexual misconduct was a basis for a regulatory outcome, that information will appear on the public register indefinitely. This applies even if the practitioner has since completed sanctions, returned to practice, or no longer holds registration.
Historical decisions will be reviewed and updated on the register where they fall within scope, meaning past misconduct findings relating to sexual misconduct that were not previously visible may now be published. National Boards are responsible for deciding if a tribunal finding of professional misconduct included a basis of sexual misconduct.
Ahpra states the guidance is not intended to be a guide for when sexual misconduct reports can be made or how Boards respond to reports about sexual misconduct. Rather, the guidance is to be used by National Boards after an independent tribunal finding of professional misconduct has been made, to identify whether sexual misconduct was a basis for that finding. The Boards will only refer to tribunal decision and reasons – not seek additional information or challenge the decision of the tribunal.
According to the Ahpra guidance, sexual misconduct does not need to be the only or main reason for the tribunal’s finding of professional misconduct. If sexual misconduct is not specifically stated in the tribunal’s decisions and rulings, the Boards can still infer from this information that sexual misconduct was involved.
In its December Newsletter, Ahpra noted:
‘We recognise that this change in the law will be distressing for some practitioners. If Ahpra contacts you about additional information being added to your register entry, we encourage you to contact your insurer, professional association or legal adviser for guidance and support.’
Rising notifications and strengthened protection for complainants
The guidance comes amid a sustained increase in notifications involving professional boundary violations.
In 2022-23, Ahpra received 841 complaints about 728 registered practitioners regarding boundary violations. This is an increase of 223 percent compared with three years earlier. Further, according to Ahpra’s 2024/25 annual report, 13,327 notifications were lodged in 2024/25, a 19 percent increase on 2023/24.
The amended National Law also introduced strengthened protections for complainants. From 1 December 2025, non-disclosure agreements that seek to prevent or discourage notifications to Ahpra are prohibited. It is also now an offence to threaten, intimidate, dismiss or refuse to employ a person because they have made, or intend to make, a notification in good faith.
What information can be published on the public register
If sexual misconduct was a basis for the tribunal finding, the register will show:
- A statement that the practitioner engaged in sexual misconduct
- Any sanctions, including a reprimand, imposition of conditions, suspension or cancellation of registration
- A link to the tribunal decision, if available.
If a practitioner’s registration is cancelled, the register will also show if they are banned from reapplying for registration, how long they are banned for and if that ban extends to providing health services or using certain titles.
This information will remain on the register permanently.
What is sexual misconduct?
Sexual misconduct is not exhaustively defined under the National Law, but Ahpra describes it as a broad range of behaviours, including breaches of professional boundaries, sexual harassment and criminal sexual offences.
Examples involving patients or clients include:
- Touching intimate areas without clinical need.
- Asking for unnecessary sexual history.
- Making sexual comments or jokes.
- Sending sexual messages or images.
- Flirting, hugging or kissing.
- Any sexual activity or grooming behaviour.
Sexual misconduct with patients or clients may happen even if the person involved consents to, initiates, or willingly participates in the conduct.
In professional settings, sexual misconduct may include sexual harassment of colleagues or exploiting workplace power imbalances for sexual purposes.
Criminal conduct includes sexual assault, rape, stalking with sexual intent, possession or distribution of unlawful sexual material, as well as grooming, coercion and persistent unwanted sexual attention.
Key resources:
Guidance: Sexual Misconduct and the National Law, published on 16 December 2025, is the primary reference. It outlines the process Boards will follow, the factors influencing publication decisions, how affected practitioners will be notified, and when and how information will appear on the public register.
Look out for our full report in the Spring edition of Aesthetic Medical Practitioner magazine.
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