Optometrists and ophthalmologists practising in Western Australia are now being governed by updated laws that bring the state into line with the rest of Australia.
Among the suite of changes, the Health Practitioner Regulation National Law Application Act protects the title ‘surgeon’ when used by medical practitioners. It also allows the Australian Health Practitioner Regulation Agency (Ahpra) and the National Boards to issue a statement warning the public about individual practitioners “when there is a serious, unmanaged risk to public health and safety”.
Ahpra said the move further strengthened health practitioner regulation and public protection in WA.
The act also brings Western Australia into greater alignment with the other states and territories, and establishes a mechanism for WA to adopt any future changes to the National Law, while retaining the ability to make modifications and disallow amendments as necessary.
Most of these changes have started, with some to start later in 2024 on a date to be agreed by governments. Others changes to the law include:
- Increase the maximum penalty for breaching advertising restrictions
- Insert a note in the National Law to clarify when employers must notify Ahpra of potential misconduct by a practitioner-employee
- Allow National Boards to withdraw a practitioner’s registration if it was improperly obtained because of false or misleading information or documents
- Allow National Boards to disclose information to employers or certain other associates about serious risk posed by a registered health practitioner who is the subject of a complaint or investigation about their health, conduct or performance.
- Allow a prohibition order issued by a tribunal to impose restrictions on a practitioner’s provision of health services, in addition to the current ability to prohibit specified health services or the use of a title.
- Allow National Boards to exclude information from the public register if publication of the information poses a risk to the health and safety of the practitioner, their family, or their associates.
Changes welcomed
Ahpra CEO Mr Martin Fletcher said the WA Bill was important to ensure health practitioner regulation was more consistent across Australia in the interests of patient safety.
“These amendments reflect the commitment of Health Minister Amber-Jade Sanderson and all Australian Health Ministers to ensure the National Registration and Accreditation Scheme remains fit for purpose and has a strong focus on public protection,” Fletcher said.
“Importantly, this legislation also recognises the unique needs of the WA community and health sector, while enabling an efficient mechanism to apply any future changes to the National Law.”
Mandatory reporting obligations for all WA registered health practitioners have not changed.
Professor Mark Edwards, chair of the WA Board of the Medical Board of Australia, congratulated the WA State Government and Minister Amber-Jade Sanderson.
“The amendments highlight the crucial role that regulators play in creating public value, minimising harm, and protecting the community,” he said.
“These amendments ensure Western Australia remains in step with the National Law as applied in other jurisdictions and has built in flexibility to respond to local needs.”
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