Criminal history registration standard

Anyone applying to a National Board for registration discloses the whole of their criminal record, Australian and foreign, including spent, aged and non-conviction matters and pending charges, and consents to the Australian and international criminal history checks obtained on their behalf (National Law s 77(3)(c)). Registered students applying for registration as practitioners make a full disclosure at that point.

• Registration application with the criminal history declaration section completed and signed
• National Police Checking Service result and, where the applicant lived or worked overseas, the international criminal history check report
• Employer credentialing file recording the Ahpra register check and the date of the applicant's declaration

• Spent or overseas convictions left out because the applicant believed they no longer counted
• Pending charges omitted from the declaration
• No international check where the applicant practised abroad

At every renewal the registered practitioner declares in the annual statement whether their criminal history has changed during the preceding registration period (National Law s 109(1)(b)), including any new charge, finding of guilt or conviction in Australia or elsewhere.

• Copy of the renewal annual statement with the criminal history question answered
• Practitioner's own record of any matter disclosed and the date it was disclosed
• Employer annual register re-check log for each registered clinician

• Change declared only when a conviction was recorded, not when charged
• Renewal submitted by a practice manager without the practitioner reviewing the declaration

A registered health practitioner who is charged with a scheduled medicine offence or an offence punishable by 12 months imprisonment or more, or is convicted or found guilty of a scheduled medicine offence or an offence punishable by imprisonment, in Australia or elsewhere, must give the National Board written notice within 7 days after becoming aware of it (National Law s 130(1) and (3)), without waiting for renewal. A failure is not an offence but may ground health, conduct or performance action (s 130(2)).

• Written notice to Ahpra of the relevant event with the date sent and receipt
• Court attendance notice, charge sheet or outcome document the notice relies on
• Employer policy requiring clinicians to tell the employer and Ahpra of charges, with acknowledgements

• Notice held back until the charge is resolved
• Overseas charge not treated as a relevant event
• No internal process for staff to disclose charges to the employer

A registered student who is charged with, convicted of or found guilty of a scheduled medicine offence or an offence of the seriousness the standard describes, or whose student registration in another country is suspended or cancelled, must give the National Board written notice within 7 days after becoming aware (National Law s 130), and must make a full criminal history disclosure when later applying for registration as a practitioner.

• Student's written disclosure to Ahpra with date
• Education provider placement file showing the student was told of the disclosure duty
• Later practitioner application showing the matter was declared again

• Students unaware that student registration carries disclosure duties
• Matter disclosed during study but omitted from the later practitioner application

An applicant or practitioner with a criminal history must provide information that helps the Board decide suitability: an explanation of the circumstances, mitigating factors, evidence of rehabilitation and good conduct since, sentencing remarks where available, and any other information the Board requests. The Board will consider all of it, and may still refuse, impose conditions, require an examination or assessment, or take no action.

• Written statement to the Board explaining each matter
• Sentencing remarks, court outcome documents or character references supplied
• Evidence of rehabilitation programs or treatment completed

• Bare declaration with no context, leaving the Board to rely on the check alone
• Information supplied late after the Board has proposed an adverse decision

Registration depends on the Board being satisfied that the person's record of offending does not make them unsuitable to be registered or to practise: a record that makes registration inappropriate or contrary to the public interest, or shows the person is not fit and proper, leads to refusal or conditions (National Law s 55(1)(b), (h)). Employers engaging registered clinicians rely on the Board's decision and any conditions published on the register.

• Ahpra register extract showing registration status and any conditions or undertakings
• Employer record of how published conditions are reflected in the clinician's rostering and supervision
• Board decision letter where a criminal history was assessed

• Conditions on the register not reflected in the practitioner's duties
• Register not re-checked after the practitioner disclosed a new matter