Non-disclosure agreements must preserve the right to notify and assist the regulator

Any term of a non-disclosure agreement (a contract or agreement restricting disclosure of information or documents about the health, conduct or performance of a registered or former registered practitioner) is void to the extent it prevents or limits good-faith notifications or giving information, documents or assistance under the Law; this applies to agreements made before or after 10 April 2026 (s 329). An employer or former employer of a practitioner, a health service provider whose services are provided by registered practitioners, or a registered practitioner does not enter into such an agreement unless it states clearly in writing that it does not limit anyone from notifying or assisting under the Law. Maximum penalty $5,000 for an individual, $10,000 for a body corporate. In force from 10 April 2026 (2025 amendments).

• Standard carve-out clause in every settlement, separation, confidentiality and complaint-resolution agreement about a practitioner's health, conduct or performance
• Register of existing non-disclosure agreements reviewed against s 237B with a record of notices sent to affected parties
• Legal sign-off template checking for the written carve-out before execution

• Patient complaint settlements with confidentiality clauses that say nothing about notifying the regulator
• Employment separation deeds for practitioners that bar disclosure without the statutory carve-out
• Legacy agreements still relied on as if they restrained notification