Today’s correspondent brings a news story to my attention. The story reports on allegations that a person who is now an ACT paramedic sexually abused a young man back in the 1980s (when the offender was in his 30s and the victim ‘under 18’).  There is no suggestion in the story that the offending has anything to do with his paramedic practice or whether he was an ambulance officer at the time. After a first appearance, the defendant was released on bail subject to conditions that he does not have children at his home unless his wife or another adult is present. I don’t need to link to the story to answer to today’s question and I won’t, given these are just allegations.

The question is:

Under what circumstances does one’s registration become suspended? The aforementioned story noted bail restrictions prohibiting contact with children within a specific adult present. The Magistrate clearly has some concerns about public safety, wouldn’t AHPRA (or it’s delegate) move to suspend registration until such matters are dealt with, or at the very least add restrictions to practice?

The Health Practitioner Regulation National Law (ACT) is designed to protect people by ensuring only fit and proper persons are registered as health practitioners.  Unprofessional conduct by a health practitioner includes ‘the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession’ (s 5).  This person has not been convicted. 

If he is convicted then one would imagine, in the normal course of events, the Paramedicine Board would consider the circumstances of the offending and whether that reflected on his ‘suitability to continue to practise the profession’.  If the Board thought it did, it could make a complaint of unsatisfactory professional conduct to be assessed by a ‘performance and professional standards panel’.  If the panel agreed, it could impose conditions on the person’s registration (s 191).

If the Board took the view the conduct amounted to ‘conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession’ ie professional misconduct, then they could put the complaint before the ACT Civil and Administrative Tribunal (ACAT).  If ACAT agreed, it could suspend or cancel the practitioner’s registration (s 196).

Even before conviction the Board may take immediate action (s 156) if the Board:

… reasonably believes that—

(i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and

(ii) it is necessary to take immediate action to protect public health or safety;

The Act gives the following example of when action may be taken in the public interest

A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.

The Board may well take the view that these allegations meet that test and take immediate action to suspend or place conditions on the person’s registration.

Of course, all that depends on the Board being aware of the allegations.  The employer is required to report an employee who has engaged in ‘notifiable conduct’ (s 142) that is (s 140):

(a) practising the practitioner’s profession while intoxicated by alcohol or drugs; or

(b) engaging in sexual misconduct in connection with the practice of the practitioner’s profession; or

(c) placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or

(d) placing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.

Given there is no suggestion that this conduct was related to the practice of the profession it does not appear to fall within ‘notifiable conduct’.

A voluntary notification may be made where another practitioner or employer believes ‘that the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered in the profession’ (s 144(1)(c)).  Given the definition of unprofessional conduct and professional misconduct, above, other paramedics or the employer may well choose to make a voluntary notification to the Paramedicine Board.

A person’s criminal history includes ‘every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law’ (s 5).  It follows that whether convicted or not, this practitioner will have to reveal that he has been charged if and when he applies to renew his registration.

Or the Board may become aware of it simply be reading the news.

Conclusion

The suspension of someone’s registration is not automatic. Before conviction, it requires a decision by the Board taking into account the factors listed in s 156 of the Health Practitioner Regulation National Law.  After conviction it would require a complaint to be made to, and upheld by the appropriate Tribunal, in the ACT that is the ACT Civil and Administrative Tribunal (ACAT).

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.