It’s time to review your NDAs, with tougher rules on confidentiality clauses and reprisals now in force across the National Law.
New changes to the Health Practitioner Regulation National Law now make it an offence to punish or silence someone who raises a concern about a health practitioner. The reforms were introduced through the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025, which received assent on 9 April 2025 and commenced on 1 December 2025.
What the new law does
The amendments create two key protections:
1. Limits on NDAs
Any part of a non-disclosure agreement that stops a person from:
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making a notification to a regulator, or
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assisting with an investigation
is now legally invalid. NDAs can still be used for other purposes, but they cannot restrict someone’s right to report concerns to regulators.
2. New offence for reprisals
It is now a criminal offence to take detrimental action against a person because they made, or may make, a notification. This includes threats, intimidation, harassment, dismissal or pressure not to speak with a regulator.
Penalties are:
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up to $60,000 for individuals
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up to $120,000 for a body corporate
Practitioners who engage in reprisals can also face disciplinary action.
Why these changes were introduced
The amendments follow recommendations made by the National Health Practitioner Ombudsman (NHPO) in its review, Safeguarding confidentiality for people making notifications about health practitioners. The review found gaps in how confidentiality was managed and raised concerns about the risks faced by notifiers, particularly when practitioners became aware of their identity.
The Ombudsman recommended clearer legal protections and stronger safeguards. The new offence and NDA restrictions directly reflect those recommendations.
What recent data shows
The reforms come at a time of rising regulatory activity.
According to AHPRA’s 2024/25 annual report, 13,327 notifications were lodged in 2024/25. This is an increase of 19 percent compared with 2023/24; notifications have risen steadily over the past several years
The NHPO also recorded its highest ever volume of complaints: 981 complaints finalised in 2024/25, up from 660 the previous year. More than half related to concerns about how AHPRA handled notifications
These trends indicate more people are engaging with the complaints system, and more are seeking external review of how complaints are managed.
What this means for practitioners and businesses
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NDAs must be reviewed to ensure they do not contain clauses that could restrict a person from reporting a concern to a regulator.
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Internal complaints or incident-management processes should not discourage external notifications.
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Any action that could be viewed as intimidating, discouraging or retaliatory now carries a criminal penalty.
