Question Number: 108
PDR Number: SQ22-000088
Date Submitted: 24/02/2022
Department or Body: Department of Health
4. All health practitioners in Australia must adhere to a code of conduct for their profession. The codes require all health practitioners to provide sound, evidence-based advice to patients about all treatments, including the COVID-19 vaccination. This means discussing both the risks and benefits.
The code also requires all health practitioners to ensure their personal views do not adversely affect the care of their patient or the referrals they make. Under the codes, practitioners who conscientiously object to providing a treatment are obliged to inform their patients and, if relevant, colleagues of their objection. Additionally, practitioners must not let their objections prevent the patient from seeking treatment from another practitioner.
Practitioners who do not adhere to the code of conduct for their profession may be in breach of the codes and subject to regulatory action. The COVID-19 vaccinations are safe and effective and are a crucial part of the public health response to the pandemic. This is confirmed by the Australian Technical Advisory Group on Immunisation (ATAGI) published ‘Clinical guidance on the use of the COVID-19 vaccines in Australia’.
The Australian Health Practitioner Regulation Agency (Ahpra) and the Board consider all complaints about practitioners seriously and are committed to fair and thorough investigation. Action is only taken where there is a genuine risk to public safety
5. Ahpra is not an Australian Government agency. It is established under complementary Acts passed by each Australian state and territory (Health Practitioner Regulation National Law). Under that state and territory legislation, Ahpra’s primary objective is to ensure public safety in health services provided by registered health practitioners.
The 15 National Boards responsible for regulating each profession are comprised of a mix of registered health practitioners and community representatives. This ensures that clinical and other aspects of practice are considered in the discharge of the Boards’ responsibilities as well as protecting patients from harm.
6. The Agency Management Committee (Committee) is the governing board for Ahpra. The Committee is established under the National Law to set the policies of Ahpra. The Committee also ensures that Ahpra performs its function in a proper, effective and efficient way. The National Law requires the Committee be compromised of at least five members including:
• a Chairperson who is not or has not been registered as a health practitioner under the National Law within the past five years
• at least two people who have expertise in health, or education and training or both, and
• at least two people who are not current or former registered health practitioners and who have business or administrative expertise.
It is important to understand that Ahpra and the Committee provide administrative support to the Boards, so are not directly responsible for the regulation of health practitioners. This is the responsibility of the independent, professional National Boards that they support. These Boards are comprised primarily of health practitioners from the relevant profession. More information on the composition and expertise of the Medical Board of Australia and the Nursing and Midwifery Board of Australia can be found at:
• www.medicalboard.gov.au/About.aspx, and
• www.nursingmidwiferyboard.gov.au/About.aspx respectively.
