Accessibility and translation services
Translating and Interpreting Service National Relay Service Vision Australia-
Practitioner
-
Employer
Back
Health practitioner sexual misconduct
Content warning: Information and examples of sexual misconduct on this page may be distressing to some people.
Behaviour expected by practitioners
What is sexual misconduct?
We will support you
Reporting sexual misconduct can be a traumatic and distressing experience and we value your wellbeing and safety.
We can help you connect with support services, provide information on your options and assist you with the process if you do decide to make a complaint with us.
Notifier Support Service
Depending on your needs and preferences a case manager may refer you to our Notifier Support Service.
This service is staffed by social workers who work alongside your case manager and provide additional support through a trauma-informed approach. The social workers help you understand your options and our processes. They provide emotional support and can help suggest other services that might also be helpful to you during the process.
National, state and territory support services
Information about confidential, free sexual assault support services nationally and in your state or territory.
Reporting sexual misconduct
Reporting sexual misconduct to Ahpra
Talking about sexual misconduct can be difficult and making the first contact with us can be a big step. You can contact us using our online form or by phone.
If you or someone you know has experienced sexual misconduct by a health practitioner, Ahpra staff can listen to you and provide options about what you can do.
If you decide to raise a complaint or concern with Ahpra, we may investigate and take some action against the practitioner. Health practitioners may face disciplinary action.
We have case managers who understand the impacts of sexual misconduct and use a trauma-informed approach when talking with you.
We understand that this is a difficult time and that you may have questions about our process before you decide if you want to make a complaint.
It can be helpful to know what to expect when speaking with our staff at this stage. For example you:
- do not have to tell your full story
- do not have to give your name
- can just ask questions and find out what to expect if you make a complaint
- can have someone you trust such as a family member or friend with you for support when you talk with us.
You do not have to give us the name of the practitioner until you decide that you want to make a complaint. Once you give us the practitioner’s name, if there is a risk to public safety, we may begin an investigation, because of our responsibility to protect the public and prevent further harm.
No. There is no time limit for reporting sexual misconduct to Ahpra. Contact us if you are concerned about something that happened to you.
It can be hard to talk about what happened. We understand if you are not ready to speak today, and we will be ready to listen and provide support when you are ready. It is never too late to report sexual misconduct.
Yes. You can make a complaint about a health practitioner who is no longer registered.
No. Your complaint does not need to be in writing. You can call us, and we can take the details over the phone.
However, we may ask for written information to help us investigate your concerns.
Yes. You can make a complaint without giving your name.
However, it may be difficult (and sometimes impossible) for us to progress your concerns if we cannot contact you for more information.
We recommend you call to talk to us about this option.
Further information about raising an anonymous or confidential concern
Yes. Someone can raise a concern on your behalf. For someone to act on your behalf, we will need your written consent. You or the person raising the concern on your behalf can talk to a case manager about this.
The information you give us will be handled with confidentiality. Only the necessary people involved in resolving your complaint will be aware of the details. This may include the person you have complained about so that they can respond to the complaint. We can talk to you about any concerns you have with this process before or after you decide to make a complaint.
Some of the actions Ahpra can take include:
- taking immediate action. This is an interim action to restrict a practitioner’s ability to practise.
- conducting an investigation. At this stage:
- a case manager may contact you for more information and may contact other people (witnesses) and get documents such as medical and police records to gather more information about what happened
- a decision is made about what should happen next. Some of the decisions available are to close the matter, caution the practitioner or put conditions on their registration.
- establishing a performance and professional standards panel.
- referring a matter to a tribunal for a hearing. This happens only for the most serious allegations.
A tribunal decision may be published on the tribunal’s website. We may also link to the decision on the practitioner’s record on the Register of practitioners and publish a link to the decision. Protections remain in place to ensure you are not publicly identified, even where a matter is heard at a tribunal.
Depending on your needs and preferences a case manager may refer you to the Notifier Support Service.
We will support you throughout the process of making a complaint. However, we understand you may decide that continuing is not the best option for you.
You can stop your involvement at any time. However, if we have started looking into a practitioner and think there is a risk to public safety, we may need to continue our processes even if you are no longer involved. Sometimes, if the matter is referred to a tribunal, even though you have withdrawn, we may contact you to talk about the process.
Regardless of your decision, your safety and welfare are important to us and we will work with you to connect you with support services.
Reporting to the police
We can talk to you about your rights to report criminal behaviour to the police as well as explaining any responsibilities we might have to report something to the police.
If you believe you have been sexually assaulted or abused, you can report this to the police.
View a list of state and territory police contacts
If you are in immediate crisis, please call 000
If there is no immediate danger but you need police assistance, call 131 444.
Health practitioner sexual misconduct
Behaviour expected by practitioners
- There must be boundaries in a practitioner–patient relationship.
- It is the practitioner’s responsibility to understand and maintain an appropriate relationship with their patient and anyone close to the patient, such as their parent, carer, guardian or spouse.
- Practitioners should not use their position of power and trust to behave sexually with their patients.
- Practitioners must help keep the workplace safe and respectful. Sexual misconduct with colleagues is not acceptable under any circumstances.
Read more about appropriate practitioner conduct and behaviour in the Codes of conduct and the guidelines about Sexual boundaries in the doctor–patient relationship.
What is sexual misconduct?
Content warning – This page contains information and examples of sexual misconduct which may be distressing to some people. Support is available.
Sexual misconduct may also be referred to as sexual abuse, harassment, exploitation, or a breach of professional boundaries. It can occur in the patient—practitioner relationship, outside the patient relationship or between colleagues.
Sexual misconduct can take many forms and can often begin with grooming behaviour by a practitioner. It might be a single act, or a pattern of repeated behaviour.
Any sexual contact between a practitioner and a patient would be considered sexual misconduct.
Sexual misconduct is an abuse of power and a breach of trust.
It is never the fault of the person who experienced it.
Sexual misconduct by a practitioner can occur with a patient or someone close to the patient, such as their parent, carer, guardian or spouse. Examples include:
- Inappropriate sexual comments, gestures or behaviour, for example:
- making sexual comments or jokes
- unnecessary comments about sexual relationships or sexual orientation
- requesting to go on dates
- sending messages such as emails, texts, pictures with sexual content
- unwanted rubbing, hugs or kisses
- requesting sex
- behaving sexually in front of a patient.
- Unnecessary or improper physical examinations, for example:
- requiring a patient to undress more than necessary
- not offering appropriate cover when undressing
- making sexual comments, expressions or gestures before, during or after examinations
- exposing intimate body parts for longer than necessary
- touching without explanation or consent
- touching breasts, genitals, buttocks or pelvic area in a way that’s not needed for assessment or treatment.
- Sexual activity of any form with a patient, whether consensual or not.
Examples of sexual misconduct by a practitioner outside of the patient relationship include:
- sexual harassment of a colleague
- child sexual abuse or exploitation
- recording or distributing intimate, inappropriate or sexualised images
- sexual activity with another person without consent.
If you have found this information distressing and need support, see our list of support that is available
How to contact Ahpra
We understand that this might be a difficult time and that you might be feeling unsure about your options.
Please call us if you would like to talk to a case manager or request a call back by completing the online form.