Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters?

(2019) 47(4) Federal Law Review

34 Pages Posted: 30 May 2019 Last revised: 20 Aug 2019

See all articles by Jenni Millbank

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Date Written: May 7, 2019

Abstract

Since 2010 a national scheme regulates the registration, accreditation and discipline of health professionals in Australia (the National Law). This research examines disciplinary cases from Tribunals nationwide to address the question: Has the national regulation of health professionals produced consistency in outcomes in serious cases of professional misconduct? All publicly available Australian Tribunal level decisions concerning complaints of serious misconduct and/or impairment brought against the five most populous regulated health professions (nurses and midwives, doctors, psychologists, pharmacists, and dentists) were analysed for the period 1 July 2010 to 30 June 2017. Each case was coded by reference to a typology of misconduct, practitioner characteristics, and outcome, allowing for comparisons to be drawn both as between the professions and as between jurisdictions. Major disparities were identified in outcomes across the professions, with doctors being subject to less severe outcomes than other professions, in particular in comparison with nurses, even when the same main head of misconduct was in issue. Marked disparities were also identified between outcomes in different states and territories, suggesting that the National Law is not being applied in a uniform manner. This article examines these disparities and explores possible contributing factors.

Keywords: health regulation, professional discipline, misconduct, professional misconduct, health professions

JEL Classification: K17

Suggested Citation

Millbank, Jenni, Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters? (May 7, 2019). (2019) 47(4) Federal Law Review, Available at SSRN: https://ssrn.com/abstract=3383892

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

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