Key Takeaways
- Holding out an unregistered person as a registered health practitioner is a criminal offence under section 116 of the Health Practitioner Regulation National Law. Penalties are up to $120,000 per offence for corporations and up to $60,000 or 3 years imprisonment per offence for individuals. AHPRA completed 15 criminal prosecutions in 2024/25, with 61% for title protection offences.
- Checking registration at the point of hire is not sufficient. Registration can be suspended, cancelled, or have conditions added between annual renewal cycles with no automatic notification to the employer. AHPRA advises employers to check the national register regularly throughout employment, not only at onboarding.
- Registration renewal deadlines differ by profession: nurses and midwives must renew by 31 May each year; medical practitioners by 30 September; most allied health practitioners, including physiotherapists, occupational therapists, and psychologists, by 30 November. Practitioners who miss their deadline have a one-month grace period before registration lapses entirely.
- Employers must check more than whether a practitioner is registered. Conditions, undertakings, and notations on a registration can restrict scope of practice, require supervision, or prohibit specific procedures. Allowing a practitioner to work beyond the terms of their registration conditions exposes the employer to liability.
- Section 140 of the National Law defines notifiable conduct: practising while intoxicated, engaging in sexual misconduct in connection with practice, having an impairment that places the public at risk of substantial harm, or practising in a way that constitutes a significant departure from accepted professional standards. Employers who reasonably believe this conduct has occurred must notify AHPRA. Failure to do so is an offence.
- From 9 April 2025, it is a criminal offence to include a clause in any employment contract, contractor agreement, or separation deed that restricts a person from making a notification to AHPRA. Existing agreements with such clauses require review.
- AHPRA received 13,327 notifications about registered practitioners in 2024/25, up approximately 19% year-on-year. Enforcement is active: completed prosecutions include cases against both individuals practising without registration and employers who allowed it.
Every practice employing registered health practitioners has direct obligations under the Health Practitioner Regulation National Law. The core duty is straightforward: make sure the people you employ are actually registered. In practice, the obligation is more demanding than that.
Registration can change mid-year. A physiotherapist registered in November can have conditions added in March following a complaint. A nurse can have registration suspended in August after a tribunal finding. An employer who checked the register at hiring in July and did not check again would have no way of knowing. AHPRA completed 15 criminal prosecutions in 2024/25, with 61% for title protection offences. Most involved individuals practising while unregistered, but charges have also been laid against employers for holding an unregistered person out as a registered practitioner.
This guide covers what practices must check before hiring, what to read on the register beyond the registration status field, the renewal deadlines that apply to different professions, when employers have mandatory notification obligations, and the 2025 law changes that affect employment contracts.
What the National Law Requires of Employers
The Core Offence
Section 116 of the Health Practitioner Regulation National Law creates the offence of holding out an unregistered person as a registered health practitioner. This includes allowing an unregistered person to perform work that requires registration, describing an unregistered person as a registered practitioner, and failing to take reasonable steps to verify registration before or during employment. Corporations face a maximum penalty of $120,000 per offence; individuals face up to $60,000 or 3 years imprisonment per offence.
The prosecution of Mobile X-Ray Services Pty Ltd illustrates how this plays out. The company pleaded guilty to four counts of holding an unregistered radiographer out as a registered medical radiation practitioner and was fined $4,150 plus costs of $6,500. The penalty amount was modest; the criminal conviction and the public AHPRA record are not.
Checking the Register Before Hiring
Before offering employment to a registered health practitioner, verify their registration at the AHPRA online register. The register is updated daily and shows whether a practitioner is registered, what type of registration they hold, any conditions or undertakings on their registration, and whether notations such as supervised practice requirements apply.
Check that the registration type matches the role. A practitioner may hold general registration, provisional registration, limited registration, or non-practising registration. Provisional registration typically carries supervision requirements. Non-practising registration does not permit clinical work. A verbal declaration from a candidate is not a substitute for reading their register entry.
Ongoing Monitoring
AHPRA's guidance for employers states explicitly that registration should be checked regularly throughout employment, not only at the point of hire. There is no prescribed frequency. The practical minimum is a check at each profession's annual renewal date, plus an immediate check whenever a concern arises about a practitioner's conduct or fitness to practise.
For contractors and locums, the obligation is the same. The practice is responsible for verifying that a contractor is registered and that their registration permits the work being performed.
What to Check Beyond Registration Status
Conditions and Undertakings
A practitioner may be registered but subject to conditions restricting what they can do. Conditions can be imposed by a National Board at any time, including as a result of a complaint, performance review, or health assessment. Common conditions include requirements to practise under supervision, restrictions on specific procedures, requirements to report to the Board at intervals, and limitations on hours worked.
An undertaking is a formal commitment given to a National Board, typically offered by a practitioner as an alternative to having conditions imposed. Undertakings appear on the register and carry the same practical effect as conditions. If a practitioner breaches a condition or undertaking in the course of their work, the employer may face liability alongside the practitioner.
Before signing an employment contract or allowing a new staff member to begin clinical work, read the conditions and undertakings section of the register entry, not only the registration status field.
Registration Type and Endorsements
For medical practitioners, the register records specialty registration and any specialist qualifications. For nurses, it records whether the practitioner holds endorsements for nurse practitioner practice or scheduled medicines prescribing. These endorsements directly affect what a practitioner can lawfully do in a clinical setting.
MBS billing eligibility for general practitioners also depends on specific registration type and the absence of conditions restricting practice. If a practitioner's registration changes mid-year, their Medicare billing eligibility may change with it.
Registration Renewal Deadlines by Profession
All 16 health professions regulated by AHPRA require annual renewal. Renewal deadlines differ by profession:
- Nurses and midwives: 31 May each year.
- Medical practitioners (GPs, specialists, all medical registration): 30 September each year.
- Most allied health professions (physiotherapy, occupational therapy, psychology, podiatry, optometry, pharmacy, chiropractic, osteopathy, paramedicine, dental, medical radiation practice, Chinese medicine, and Aboriginal and Torres Strait Islander health practice): 30 November each year.
A practitioner who misses their renewal deadline has a one-month grace period. If they apply for late renewal within that month, their registration remains in force until AHPRA decides on the renewal application. If they do not apply within the grace period, their registration lapses and they are removed from the register. Any clinical work performed after lapse is unlicensed practice.
For practice managers overseeing multiple practitioners across different professions, a simple annual calendar built around the three renewal dates, combined with a register check at each date, provides a baseline compliance framework. The ClinicComply compliance calendar tool lets you map these renewal deadlines alongside accreditation, credentialing, and policy review obligations in one place.
Mandatory Notifications: When Employers Must Report
What Is Notifiable Conduct
Section 140 of the National Law defines notifiable conduct. An employer must make a mandatory notification to AHPRA if they reasonably believe a registered practitioner has:
- Practised their profession while intoxicated by alcohol or drugs
- Engaged in sexual misconduct in connection with their practice
- Placed the public at risk of substantial harm because the practitioner has an impairment
- Placed the public at risk of substantial harm because the practitioner has practised in a way that constitutes a significant departure from accepted professional standards
The obligation is triggered by reasonable belief, not certainty. An employer does not need proof beyond reasonable doubt; they need a reasonable basis to believe the conduct occurred. Failure to make a mandatory notification when the threshold is met is an offence under the National Law.
What Is Not Notifiable
A registered practitioner who treats a colleague as a patient is not required to make a mandatory notification about that colleague's health condition unless the practitioner poses a substantial risk of harm to the public. This protects the treating relationship and encourages practitioners to seek support. The exclusion applies to the treating practitioner only, not to the employer.
A practitioner's personal health matters that do not affect their practice and do not place the public at risk do not trigger the employer notification obligation. The threshold is public risk of substantial harm, not the mere existence of a health condition.
The 2025 Law Changes Affecting Employment Contracts
NDA Restrictions
From 9 April 2025, amendments to the National Law make it a criminal offence to enter into a non-disclosure agreement that restricts a person from making a notification to AHPRA or assisting in an AHPRA investigation. The maximum penalty is $60,000 for an individual or $120,000 for a corporation.
Employment agreements, contractor agreements, and separation deeds that include confidentiality clauses require review. Any clause that could be read as restricting a practitioner from reporting concerns about their own or a colleague's conduct to AHPRA requires amendment. A compliant agreement must clearly state in writing that it does not limit the person from making a notification or assisting AHPRA. The obligation applies to new agreements entered into from 9 April 2025; existing agreements with non-compliant clauses should also be updated.
Anti-Reprisal Protections
The same amendments make it an offence to dismiss, demote, refuse to employ, or otherwise subject a person to detriment because they made or intend to make a notification to AHPRA. This applies to both employees and contractors. A practice that terminates a practitioner for raising concerns about a colleague's conduct may face prosecution under this provision alongside any unfair dismissal liability under the Fair Work Act. Our guide to healthcare practice manager employment law covers the interaction between these provisions and Fair Work obligations.
Building a Registration Tracking System
A practical registration tracking system for a multi-practitioner practice does not need to be complex. At minimum, it requires a record of each practitioner's profession, registration number, registration type, current conditions or undertakings, renewal date, and the date the register was last checked.
The system must support three actions: a pre-hire check before anyone begins clinical work; a periodic check aligned to each profession's renewal date; and an immediate check when a concern arises. Renewal reminders set at 60, 30, and 7 days before each profession's deadline give enough lead time to identify a lapsed registration before it affects practice operations or billing.
For RACGP-accredited practices, documenting and maintaining practitioner credentials is a requirement under Standard 1.4 of the RACGP 6th Edition Standards. Our RACGP 6th Edition standards guide covers the credential management requirements in detail, and the ClinicComply template library includes credential frameworks aligned to 6th Edition requirements.
How ClinicComply Helps
Tracking AHPRA registration across a team of practitioners in different professions, with different renewal deadlines and potentially different conditions on their registrations, is an ongoing compliance task that most practices manage through a spreadsheet or from memory. Both approaches fail when registration changes mid-cycle or when renewal deadlines fall while the practice manager is on leave.
ClinicComply's workforce compliance module stores each practitioner's AHPRA registration details, registration type, and any conditions or undertakings from their register entry. Automated reminders at 60, 30, and 7 days before each renewal deadline give your team enough lead time to complete register checks and follow up with any practitioner whose renewal is approaching. When a concern arises about a practitioner's conduct, you can log the details, assign a mandatory notification assessment task, and track whether an AHPRA report is required and has been made.
Employment agreement compliance, including the NDA review obligation that applied from 9 April 2025, can be tracked as a standalone task with evidence of the review attached to your workforce governance documents. Use the RACGP Accreditation Quiz for a rapid assessment of your credential management compliance, or start a free 30-day trial at cliniccomply.com.au/signup to get your practitioner registration tracking into a single auditable system.
Frequently Asked Questions
Is it a criminal offence to employ an unregistered health practitioner?
Yes. Section 116 of the Health Practitioner Regulation National Law makes it an offence to hold out an unregistered person as a registered health practitioner. This covers allowing an unregistered person to perform work requiring registration and describing them as a registered practitioner. Penalties are up to $120,000 per offence for corporations and up to $60,000 or 3 years imprisonment per offence for individuals. AHPRA completed 15 criminal prosecutions in 2024/25, with 61% for title protection offences, including cases where employers allowed unregistered practice to continue.
When do AHPRA registrations expire for different health professions?
Registration renewal deadlines differ by profession. Nurses and midwives must renew by 31 May each year. Medical practitioners must renew by 30 September each year. Most allied health practitioners regulated by AHPRA, including physiotherapists, occupational therapists, psychologists, podiatrists, pharmacists, chiropractors, osteopaths, paramedics, dental practitioners, and medical radiation practitioners, must renew by 30 November each year. A practitioner who misses their deadline has a one-month grace period to submit a late renewal application before their registration lapses entirely.
Is checking registration when you hire someone enough?
No. AHPRA advises employers to check the national register regularly throughout employment, not only at the point of hire. Registration can be suspended, cancelled, or have conditions added at any time between annual renewal cycles, with no automatic notification to the employer. An employer who checked the register at onboarding in July and did not check again would have no way of knowing about conditions imposed following a complaint the following February.
What are registration conditions and why do they matter for employers?
Registration conditions are restrictions imposed on a practitioner by a National Board, typically following a complaint, performance review, or health assessment. They might require the practitioner to practise under supervision, restrict specific procedures, or require regular reporting to the Board. If an employer allows a practitioner to work in a way that breaches their registration conditions, the employer faces potential liability alongside the practitioner. Conditions and undertakings appear on the AHPRA register and must be read, not just noted, before a practitioner begins clinical work.
What must healthcare employers report to AHPRA?
Employers must make a mandatory notification if they reasonably believe a practitioner has engaged in notifiable conduct under section 140 of the National Law. Notifiable conduct includes: practising while intoxicated by alcohol or drugs; engaging in sexual misconduct in connection with their practice; having an impairment that places the public at risk of substantial harm; or practising in a way that constitutes a significant departure from accepted professional standards. The obligation is triggered by reasonable belief, not proof beyond doubt, and failure to notify when the threshold is met is itself an offence.
What changed about NDAs and employment contracts from April 2025?
From 9 April 2025, it is a criminal offence to include a clause in any employment contract, contractor agreement, or separation deed that restricts a person from making a notification to AHPRA or assisting in an investigation. The maximum penalty is $60,000 for an individual and $120,000 for a corporation. Practices must review existing agreements, particularly confidentiality and non-disparagement clauses. Any clause that could restrict AHPRA reporting requires amendment. A compliant agreement must clearly state in writing that it does not limit the person from making a notification or assisting AHPRA.
Does the mandatory notification obligation apply to locums and contractors?
Yes. Under the National Law, the mandatory notification obligation applies to any "employer," which includes a person or organisation that engages a practitioner under an employment or service contract, including a locum or short-term arrangement. The contractor or locum relationship does not remove the obligation to notify AHPRA if notifiable conduct is reasonably believed to have occurred during the engagement.
How do I check if a practitioner has conditions or undertakings on their AHPRA registration?
Search for the practitioner by name on the AHPRA online register at ahpra.gov.au. The register entry includes registration status, registration type, expiry date, and a section for conditions and undertakings. If conditions or undertakings are listed, read them in full before the practitioner begins clinical work. Do not rely on the practitioner to disclose their own conditions; the obligation to check rests with the employer.
What is an Interim Prohibition Order and could one affect a person I have employed?
An Interim Prohibition Order (IPO) is a power AHPRA gained from 1 July 2024 under amendments to the National Law. IPOs can be issued against unregistered persons, including those whose registration has been suspended or has lapsed, where they pose a serious risk to public health or safety. An IPO can prohibit a person from practising, using a protected title, or advertising health services. A person subject to an IPO will not appear as registered on the main register. If you become aware that a former or current practitioner is subject to an IPO, confirm immediately that they are not performing any clinical work connected to your practice.
Does speech pathology fall under AHPRA registration requirements?
No. Speech pathology is not currently regulated under the National Law and is not an AHPRA-registered profession. Speech pathologists in Australia are self-regulated through Speech Pathology Australia. The employer obligations under section 116 of the National Law apply to the 16 professions that are AHPRA-registered: medicine, nursing, midwifery, physiotherapy, occupational therapy, psychology, podiatry, optometry, pharmacy, chiropractic, osteopathy, paramedicine, dental (including dental hygienists, dental prosthetists, dental therapists, and oral health therapists), medical radiation practice, Chinese medicine, and Aboriginal and Torres Strait Islander health practice.