Number of doctors, nurses with criminal records revealed

Tens of thousands of healthcare workers have a criminal record, but the watchdog is reviewing their rules. See the figures and what the new rules could be.

The healthcare watchdog says the priority of its review is to protect the public and make healthcare safe.

Healthcare workers with a criminal past could face tougher restrictions, with the regulator set to review the current rules.

The Herald Sun can reveal the Australian Health Practitioner Regulation Agency has begun a review of their criminal history standard and will announce a public consultation on Thursday.

It is part of the watchdog’s wider, ongoing work — announced earlier this year — to improve their regulation of sexual misconduct in healthcare following criticism.

AHPRA figures show more than 75,000 healthcare practitioners or applicants last financial year had a criminal history, as revealed by applicant’s background check or registered worker’s annual declaration.

Of those, the regulator ruled only six were not suitable to work in healthcare — denying their registration — while a further 15 were permitted to work under certain restrictions.

While the vast majority of healthcare workers with a record have committed minor crimes, such as a low-level traffic offence, the watchdog will be investigating whether there are other, more serious crimes escaping regulation under current standards.

AHPRA chief executive Martin Fletcher said their priority had always been “to protect the public and make healthcare safe”.

“This review, as part of our greater reform of our approach to sexual boundary notifications, is an important opportunity to ensure healthcare is safe for patients and in-line with community expectations,” he said.

As part of the review, the agency will also investigate whether the public could be given information on why practitioners previously banned for “serious professional misconduct” were allowed to re-register.

The current standards lists several factors about a crime that should be considered in registration decisions – such as the gravity of the offence and its relevance to healthcare.

But the watchdog is considering whether they should create three categories that group crimes “according to seriousness”, and their likely outcome.

The proposal could see crimes that involved “serious disregard” for harm or “significant” breaches of trust — such as murder, serious sexual assault and hate crimes — designated Category A and “incompatible with registration”.

Category B crimes — such as a “theft involving no violence or breach of trust” — would not be an automatic ban under the example, but influencing factors could include whether the practitioner can show “there is no longer risk to the public”.

The third category could involve crimes “unlikely to be relevant” to patient care such as a minor drug possession charge, meaning registration could likely be granted.

Other issues open to feedback include how historical crimes should be treated and plans to offer more support to victims of professional misconduct by healthcare workers.

Mr Fletcher said they wanted to hear from “patients, the public, practitioners and anyone who wants to share their feedback”.

Submissions can be made via AHPRA’s website.